LRB-2527/2
MGG&RCT:jrd:aj
1995 - 1996 LEGISLATURE
April 26, 1995 - Introduced by Senators Drzewiecki, A. Lasee, Schultz, Ellis,
Jauch, C. Potter, Breske, Weeden, Zien, Huelsman and Rude, cosponsored by
Representatives Ott, Prosser, Goetsch, Klusman, Albers, Ziegelbauer,
Musser, Freese, Boyle, Silbaugh, Ainsworth, Powers, Gronemus, Grothman,
Seratti, Ryba, Skindrud and Ourada. Referred to Committee on
Transportation, Agriculture and Local Affairs.
SB159,1,13
1An Act to repeal 29.092 (9) (hg), 29.093 (9) (gm), 29.58, 29.581 and 97.42 (1) (cm);
2to renumber 93.07 (10) (a);
to renumber and amend 29.583 (1);
to amend
329.02 (3m), 29.03 (8), 29.05 (5), 29.05 (6), 29.05 (6m), 29.05 (8) (b), 29.06 (1),
429.06 (2), 29.06 (3), 29.40 (5), 29.40 (6), 29.42 (4), 29.425 (4m), 29.427 (6), 29.43
5(5) (b), 29.44 (3), 29.45 (6), 29.48 (1m), 29.49 (1) (a) (intro.), 29.574 (1m), 29.578
6(1m), 29.585 (2) (a), 29.59 (1) (f), 29.598 (1), 29.645, 29.99 (15), 97.42 (1) (a),
797.42 (3) (em), 97.42 (4) (em), 97.42 (5) (b), 895.57 (3) and 943.75 (3); and
to
8create 29.01 (2r), 29.49 (3), 29.55 (2m), 29.583 (1) (b), 29.586 (4), 93.07 (10) (af)
9and 97.42 (1) (dm) of the statutes;
relating to: the exemption of certain
10farm-raised deer and the establishments that slaughter farm-raised deer from
11regulation by the department of natural resources and the duties and authority
12of the department of agriculture, trade and consumer protection concerning
13domestic animals.
Analysis by the Legislative Reference Bureau
Under current law, the department of natural resources (DNR) regulates the
hunting, killing and possession of deer. No distinction exists under current law
between deer that are native to this state and nonnative deer, except for certain deer
that are of the genus dama or cervus and that are commercially raised for slaughter.
These types of deer include fallow deer, red deer and elk. These commercially raised
deer are generally exempt from DNR regulation except that a person raising such
deer must have a commercial deer license issued by DNR and a person selling meat
from such deer must have a venison retailer permit issued by DNR. This bill
eliminates the commercial deer farm license and the venison retailer permit. The
bill totally exempts fallow and red deer, along with deer of the genus rangifer, which
are reindeer, from regulation by DNR regardless of whether they are raised for
slaughter. Under the bill, elk that are raised for slaughter or breeding or are kept
captive for other purposes are also exempt from DNR regulation. Elk that are found
in the wild are considered wild animals for purposes of DNR regulation.
Under current law, the department of agriculture, trade and consumer
protection (DATCP) is required to protect the health of domestic animals and is
authorized to establish quarantines and other measures relating to the movement
and care of animals in order to carry out this duty. This bill specifies that, for the
purposes of DATCP's duty and authority related to the health of domestic animals,
fallow deer, red deer, elk and reindeer are domestic animals.
Under current law, an establishment that slaughters fallow deer, red deer or elk
is generally required to have a license issued by DATCP and is subject to certain
other requirements. This bill applies these licensing and other requirements to an
establishment that slaughters reindeer.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB159, s. 1
1Section
1. 29.01 (2r) of the statutes is created to read:
SB159,2,42
29.01
(2r) "Farm-raised deer" means an animal that is a member of the family
3cervidae and of the genus dama, the genus rangifer or the genus cervus, except for
4elk that are present in the wild.
SB159, s. 2
5Section
2. 29.02 (3m) of the statutes is amended to read:
SB159,2,86
29.02
(3m) This section does not permit the seizure by the department, or
7prohibit the possession or sale, of
commercially raised farm-raised deer
, as defined
8in s. 95.25 (5m), that are kept in compliance with this chapter.
SB159, s. 3
9Section
3. 29.03 (8) of the statutes is amended to read:
SB159,2,1110
29.03
(8) Any dog found running deer
, except farm-raised deer, at any time,
11or used in violation of this chapter.
SB159, s. 4
1Section
4. 29.05 (5) of the statutes is amended to read:
SB159,3,82
29.05
(5) Opening packages. The department and its wardens may examine
3and open any package in the possession of a common carrier which they have
4probable cause to believe contains
contraband wild animals
in violation of this
5chapter, or carcasses or parts thereof, or is falsely labeled in violation of this chapter;
6and every such common carrier, and every agent, servant, or employe thereof, shall
7permit any such officer to examine and open any such package. Any package so
8opened shall be restored to its original condition.
SB159, s. 5
9Section
5. 29.05 (6) of the statutes is amended to read:
SB159,3,1710
29.05
(6) Access to storage places.
They For purposes of enforcing this
11chapter the department and its wardens shall be permitted by the owner or occupant
12of any cold storage warehouse or building used for the storage or retention of wild
13animals, or carcasses or parts thereof, to enter and examine said premises subject
14to ss. 66.122 and 66.123; and the owner or occupant, or the agent, servant, or employe
15of the owner, shall deliver to any such officer any wild animal, or carcass or part
16thereof, in his or her possession during the closed season therefor, whether taken
17within or without the state.
SB159, s. 6
18Section
6. 29.05 (6m) of the statutes is amended to read:
SB159,3,2319
29.05
(6m) Access to private land.
Agents of For purposes of enforcing this
20chapter, the department may, after making reasonable efforts to notify the owner or
21occupant, enter upon private lands to retrieve, diagnose or otherwise determine if
22there are dead or diseased wild animals upon those lands, and take actions
23reasonably necessary to prevent the spread of contagious disease in the wild animals.
SB159, s. 7
24Section
7. 29.05 (8) (b) of the statutes is amended to read:
SB159,4,8
129.05
(8) (b) Any perishable property seized by the department or its wardens
2may be sold at the highest available price, and the proceeds of the sale turned into
3court to await disposition of the proceeds as the court directs. A conservation warden
4or other officers charged with the enforcement of the laws dealing with the
5conservation of the natural resources of the state may kill a dog found running,
6injuring, causing injury to, or killing any deer
, other than farm-raised deer, or
7destroying game birds, their eggs or nests, if immediate action is necessary to protect
8the deer or game birds, their nests or eggs, from injury or death.
SB159, s. 8
9Section
8. 29.06 (1) of the statutes is amended to read:
SB159,5,2310
29.06
(1) All
confiscated wild animals, or carcasses or parts thereof, and all
11confiscated apparatus, appliances, equipment, vehicles or devices
that are
12confiscated by the department shall, if not destroyed as authorized by law, be sold
13at the highest price obtainable, by the department or its wardens, or by an agent on
14commission under the written authority and supervision of the department. The net
15proceeds of
such the sales, after deducting the expense of seizure and sale and any
16such commissions, shall be promptly remitted by the warden by whom or under
17whose authority and supervision the sales are made, to the department; the
18remittance to be accompanied by a complete and certified report of
such the sales,
19supported by proper vouchers covering all deductions made for expenses and
20commissions, to be filed with the department. Of the remittance from
such the sales
21of confiscated apparatus, appliances, equipment, vehicles or devices, 18% shall be
22paid into the conservation fund to reimburse it for expenses incurred in seizure and
23sale, and the remaining 82% shall be paid into the common school fund. In the case
24of the proceeds from the sale of a confiscated motor vehicle if the holder of a security
25interest perfected by filing with
such the motor vehicle as security,
satisfies (and the
1burden of proof shall be upon the holder of a security interest) proves to the court,
2or after judgment of confiscation,
to the department, that the violation that led to
3such the confiscation was not with his or her knowledge, consent or connivance or
4with that of some person employed or trusted by the holder of a security interest,
5there shall also be deducted the amount due under the security agreement from the
6proceeds of
such the sale and the amount due shall be paid to the one entitled; in case
7a sufficient amount does not remain for such purpose after the other deductions then
8the amount remaining shall be paid. The department shall make a reasonable effort
9within 10 days after seizure to ascertain if a security interest in the seized motor
10vehicle exists, and shall within 10 days after obtaining actual or constructive notice
11of
such any security interest give the secured party notice of the time and place when
12there is to be any proceeding before the court or the judge pertaining to
such the 13confiscation and shall also give
such the secured party at least 10 days' notice of the
14time and place of sale. Constructive notice shall be limited to security interests
15perfected by filing. In all such cases the time of sale of the confiscated motor vehicle
16shall be within 20 days after judgment of confiscation provided in s. 29.05 (8). The
17provisions of s. 973.075 (1) (b) 1. to 3. and (5) apply to vehicles other than motor
18vehicles under this subsection. This subsection
shall
does not apply to a
deer killed,
19or so injured that it must be killed, by a collision with a motor vehicle on a highway.
20Such deer carcass shall be released free of charge to the motor vehicle operator under
21s. 29.40 (5) by the department or its agent, but shall be carcass retained by the
22department or its agent
if the motor vehicle operator declines to accept the carcass 23under s. 29.40 (5).
SB159, s. 9
24Section
9. 29.06 (2) of the statutes is amended to read:
SB159,6,7
129.06
(2) On any
such sales
under this section of wild animals, or carcasses or
2parts thereof, the warden or agent selling them shall issue to each purchaser a
3certificate, on forms to be prepared and furnished by the department, covering such
4sales. The
wild animals, or carcasses or parts thereof, so purchased shall be
5consumed or otherwise disposed of by the purchaser within a period to be set by the
6department, but shall not be resold, bartered, or exchanged, in whole or in part, to
7any other person, except as provided in sub. (3).
SB159, s. 10
8Section
10. 29.06 (3) of the statutes is amended to read:
SB159,6,159
29.06
(3) Confiscated fish or game sold
under this section to the keeper,
10manager, or steward of any restaurant, club, hotel, or boarding house may be served
11to the guests thereof; but in such case the certificate covering the purchase shall be
12hung in public view in the place where the fish or game is served, and such fish or
13game shall at the time of sale be tagged by the warden or agent selling it, such tag
14to show the date of sale and be returned to said warden or agent within 5 days
15thereafter.
SB159, s. 11
16Section
11. 29.092 (9) (hg) of the statutes is repealed.
SB159, s. 12
17Section
12. 29.093 (9) (gm) of the statutes is repealed.
SB159, s. 13
18Section
13. 29.40 (5) of the statutes is amended to read:
SB159,7,219
29.40
(5) Car kills. Any person who while operating a motor vehicle on a
20highway accidentally collides with and kills a deer
or so injures the deer that it must
21be killed may retain possession of
such deer
the carcass if the
person motor vehicle
22operator has it tagged by any conservation warden, or by any law enforcement officer
23designated by the department. No fee may be charged for
any such the tag.
If the
24motor vehicle operator does not want the carcass, the carcass shall be retained by the
1department or by an agent of the department, and the procedures governing
2confiscated carcasses under s. 29.06 (1) do not apply.
SB159, s. 14
3Section
14. 29.40 (6) of the statutes is amended to read:
SB159,7,54
29.40
(6) (title)
Commercially raised Farm-raised deer. This section does not
5apply to
commercially raised farm-raised deer
, as defined in s. 95.25 (5m).
SB159, s. 15
6Section
15. 29.42 (4) of the statutes is amended to read:
SB159,7,107
29.42
(4) (title)
Commercially raised Farm-raised deer. This section does not
8permit the seizure by the department, or prohibit the possession or sale, of
9commercially raised farm-raised deer
, as defined in s. 95.25 (5m), that are kept in
10compliance with this chapter.
SB159, s. 16
11Section
16. 29.425 (4m) of the statutes is amended to read:
SB159,7,1312
29.425
(4m) Applicability. This section does not apply to
commercially raised 13farm-raised deer
, as defined in s. 95.25 (5m).
SB159, s. 17
14Section
17. 29.427 (6) of the statutes is amended to read:
SB159,7,1815
29.427
(6) Destruction. A person may kill at any time a wild skunk which is
16a nuisance to activities authorized under s. 29.55, 29.572, 29.574, 29.575, 29.578
,
1729.58 or 29.585. A person who kills an adult wild skunk with young shall attempt
18to kill the young skunks.
SB159, s. 18
19Section
18. 29.43 (5) (b) of the statutes is amended to read:
SB159,7,2220
29.43
(5) (b) Subsections (1) to (4) do not apply to the possession,
21transportation, delivery or receipt of
commercially raised farm-raised deer
, as
22defined in s. 95.25 (5m).
SB159, s. 19
23Section
19. 29.44 (3) of the statutes is amended to read:
SB159,8,3
129.44
(3) Subsection (1) does not apply to the possession, transportation,
2delivery or receipt of
commercially raised farm-raised deer
, as defined in s. 95.25
3(5m).
SB159, s. 20
4Section
20. 29.45 (6) of the statutes is amended to read:
SB159,8,65
29.45
(6) This section does not apply to the transportation of
commercially
6raised farm-raised deer
, as defined in s. 95.25 (5m).
SB159, s. 21
7Section
21. 29.48 (1m) of the statutes is amended to read:
SB159,8,98
29.48
(1m) Subsection (1) does not apply to
commercially raised farm-raised 9deer
, as defined in s. 95.25 (5m).
SB159, s. 22
10Section
22. 29.49 (1) (a) (intro.) of the statutes is amended to read:
SB159,8,1411
29.49
(1) (a) (intro.) Except as provided in
ss. s. 29.52
and 29.581, no innkeeper,
12manager or steward of any restaurant, club, hotel, boarding house, tavern, logging
13camp or mining camp may sell, barter, serve or give, or cause to be sold, bartered,
14served or given to the guests or boarders thereof: