LRB-4480/1
MGG/RCT:jrd/kmg:km
1995 - 1996 LEGISLATURE
September 27, 1995 - Introduced by Senators A. Lasee, Ellis, C. Potter,
Drzewiecki, Rude, Schultz, Weeden, Breske, Huelsman, Petak, Fitzgerald,
Zien, Welch, Rosenzweig, Darling, Panzer, Farrow, Decker, Shibilski and
Clausing, cosponsored by Representatives Ott, Ainsworth, Freese, Goetsch,
Gronemus, Musser, Ourada, Silbaugh, Skindrud, Albers, Kaufert,
Hutchison, Lorge, Gard, Ziegelbauer, Harsdorf, Hahn, Brandemuehl, F.
Lasee, Klusman, Prosser and Coleman. Referred to Committee on
Transportation, Agriculture and Local Affairs.
SB356,1,14
1An Act to repeal 29.092 (9) (hg), 29.092 (9) (hr), 29.093 (9) (gm), 29.093 (9) (gr),
229.58, 29.581 and 97.42 (1) (cm);
to renumber and amend 93.07 (10);
to
3amend 29.02 (3m), 29.03 (8), 29.05 (5), 29.05 (6), 29.05 (6m), 29.05 (8) (b), 29.06
4(1), 29.06 (2), 29.06 (3), 29.40 (6), 29.42 (4), 29.425 (4m), 29.427 (6), 29.43 (5) (b),
529.44 (3), 29.45 (6), 29.48 (1m), 29.49 (1) (a) (intro.), 29.574 (1m), 29.578 (1m),
629.583 (1), 29.585 (2) (a), 29.59 (1) (f), 29.598 (1), 29.645, 29.99 (15), 97.42 (1)
7(a), 97.42 (3) (em), 97.42 (4) (em), 97.42 (5) (b), 174.001 (3), 895.57 (3) and 943.75
8(3); and
to create 29.01 (2r), 29.49 (3), 29.55 (2m), 29.583 (3), 29.586 (4), 93.07
9(10) (a), 95.05 and 97.42 (1) (dm) of the statutes;
relating to: the exemption of
10certain farm-raised deer and venison from regulation by the department of
11natural resources, fencing of farm-raised deer, liability for damages caused by
12dogs, licensing of establishments that slaughter certain deer and the duties and
13authority of the department of agriculture, trade and consumer protection
14concerning domestic 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. An elk that is found
in the wild and that does not have an ear tag or other mark identifying it as being
raised on a farm is considered a wild animal for purposes of DNR regulation.
This bill requires a person who keeps fallow deer, red deer or elk to keep them
enclosed by a fence not less than 7 feet 10 inches high. The bill requires a person who
keeps reindeer to keep them enclosed by a fence not less than 5 feet high.
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.
Under current law, the owner of a horse, cow, sheep, goat, pig, domestic rabbit,
domestic fowl (including game fowl raised in captivity), dog, cat or, under some
circumstances, ranch mink that is injured or killed by a dog may file a claim for the
damages caused by the dog to his or her animal. Counties pay dog damage claims
from the dog license fund.
This bill adds fallow deer, red deer, reindeer and elk to the kinds of animals for
which dog damage claims may be filed.
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:
SB356, s. 1
1Section
1. 29.01 (2r) of the statutes is created to read:
SB356,3,22
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
1an elk that is present in the wild and that does not have an ear tag or other mark
2identifying it as being raised on a farm.
SB356, s. 2
3Section
2. 29.02 (3m) of the statutes is amended to read:
SB356,3,64
29.02
(3m) This section does not permit the seizure by the department, or
5prohibit the possession or sale, of
commercially raised farm-raised deer
, as defined
6in s. 95.25 (5m), that are kept in compliance with this chapter.
SB356, s. 3
7Section
3. 29.03 (8) of the statutes is amended to read:
SB356,3,98
29.03
(8) Any dog found running deer
, except farm-raised deer, at any time,
9or used in violation of this chapter.
SB356, s. 4
10Section
4. 29.05 (5) of the statutes is amended to read:
SB356,3,1711
29.05
(5) Opening packages. The department and its wardens may examine
12and open any package in the possession of a common carrier which they have
13probable cause to believe contains
contraband wild animals
in violation of this
14chapter, or carcasses or parts thereof, or is falsely labeled in violation of this chapter;
15and every such common carrier, and every agent, servant, or employe thereof, shall
16permit any such officer to examine and open any such package. Any package so
17opened shall be restored to its original condition.
SB356, s. 5
18Section
5. 29.05 (6) of the statutes is amended to read:
SB356,4,219
29.05
(6) Access to storage places.
They For purposes of enforcing this
20chapter, the department and its wardens shall be permitted by the owner or occupant
21of any cold storage warehouse or building used for the storage or retention of wild
22animals, or carcasses or parts thereof, to enter and examine said premises subject
23to ss. 66.122 and 66.123; and the owner or occupant, or the agent, servant, or employe
24of the owner, shall deliver to any such officer any wild animal, or carcass or part
1thereof, in his or her possession during the closed season therefor, whether taken
2within or without the state.
SB356, s. 6
3Section
6. 29.05 (6m) of the statutes is amended to read:
SB356,4,84
29.05
(6m) Access to private land.
Agents of For purposes of enforcing this
5chapter, the department may, after making reasonable efforts to notify the owner or
6occupant, enter upon private lands to retrieve, diagnose or otherwise determine if
7there are dead or diseased wild animals upon those lands, and take actions
8reasonably necessary to prevent the spread of contagious disease in the wild animals.
SB356, s. 7
9Section
7. 29.05 (8) (b) of the statutes is amended to read:
SB356,4,1710
29.05
(8) (b) Any perishable property seized by the department or its wardens
11may be sold at the highest available price, and the proceeds of the sale turned into
12court to await disposition of the proceeds as the court directs. A conservation warden
13or other officers charged with the enforcement of the laws dealing with the
14conservation of the natural resources of the state may kill a dog found running,
15injuring, causing injury to, or killing any deer
, other than farm-raised deer, or
16destroying game birds, their eggs or nests, if immediate action is necessary to protect
17the deer or game birds, their nests or eggs, from injury or death.
SB356, s. 8
18Section
8. 29.06 (1) of the statutes is amended to read:
SB356,6,719
29.06
(1) All
confiscated wild animals, or carcasses or parts thereof,
that are
20confiscated by the department and all confiscated apparatus, appliances,
21equipment, vehicles or devices shall, if not destroyed as authorized by law, be sold
22at the highest price obtainable, by the department or its wardens, or by an agent on
23commission under the written authority and supervision of the department. The net
24proceeds of
such the sales, after deducting the expense of seizure and sale and any
25such commissions, shall be promptly remitted by the warden by whom or under
1whose authority and supervision the sales are made, to the department; the
2remittance to be accompanied by a complete and certified report of
such the sales,
3supported by proper vouchers covering all deductions made for expenses and
4commissions, to be filed with the department. Of the remittance from
such the sales
5of confiscated apparatus, appliances, equipment, vehicles or devices, 18% shall be
6paid into the conservation fund to reimburse it for expenses incurred in seizure and
7sale, and the remaining 82% shall be paid into the common school fund. In the case
8of the proceeds from the sale of a confiscated motor vehicle if the holder of a security
9interest perfected by filing with
such the motor vehicle as security,
satisfies (and the
10burden of proof shall be upon the holder of a security interest)
proves to the court,
11or after judgment of confiscation,
to the department, that the violation that led to
12such the confiscation was not with his or her knowledge, consent or connivance or
13with that of some person employed or trusted by the holder of a security interest,
14there shall also be deducted the amount due under the security agreement from the
15proceeds of
such the sale and the amount due shall be paid to the one entitled; in case
16a sufficient amount does not remain for such purpose after the other deductions then
17the amount remaining shall be paid. The department shall make a reasonable effort
18within 10 days after seizure to ascertain if a security interest in the seized motor
19vehicle exists, and shall within 10 days after obtaining actual or constructive notice
20of
such any security interest give the secured party notice of the time and place when
21there is to be any proceeding before the court or the judge pertaining to
such the 22confiscation and shall also give
such the secured party at least 10 days' notice of the
23time and place of sale. Constructive notice shall be limited to security interests
24perfected by filing. In all such cases the time of sale of the confiscated motor vehicle
25shall be within 20 days after judgment of confiscation provided in s. 29.05 (8). The
1provisions of s. 973.075 (1) (b) 1. to 3. and (5) apply to vehicles other than motor
2vehicles under this subsection. This subsection shall not apply to a deer killed, or
3so injured that it must be killed, by a collision with a motor vehicle on a highway.
4Such deer carcass shall be released free of charge to the motor vehicle operator under
5s. 29.40 (5) by the department or its agent, but shall be retained by the department
6or its agent if the motor vehicle operator declines to accept the carcass.
For purposes
7of this subsection, "deer" does not include farm-raised deer.
SB356, s. 9
8Section
9. 29.06 (2) of the statutes is amended to read:
SB356,6,159
29.06
(2) On any
such sales
under this section of wild animals, or carcasses or
10parts thereof, the warden or agent selling them shall issue to each purchaser a
11certificate, on forms to be prepared and furnished by the department, covering such
12sales. The
wild animals, or carcasses or parts thereof, so purchased shall be
13consumed or otherwise disposed of by the purchaser within a period to be set by the
14department, but shall not be resold, bartered, or exchanged, in whole or in part, to
15any other person, except as provided in sub. (3).
SB356, s. 10
16Section
10. 29.06 (3) of the statutes is amended to read:
SB356,6,2317
29.06
(3) Confiscated fish or game sold
under this section to the keeper,
18manager, or steward of any restaurant, club, hotel, or boarding house may be served
19to the guests thereof; but in such case the certificate covering the purchase shall be
20hung in public view in the place where the fish or game is served, and such fish or
21game shall at the time of sale be tagged by the warden or agent selling it, such tag
22to show the date of sale and be returned to said warden or agent within 5 days
23thereafter.
SB356, s. 11
24Section
11. 29.092 (9) (hg) of the statutes is repealed.
SB356, s. 12
25Section
12. 29.092 (9) (hr) of the statutes is repealed.
SB356, s. 13
1Section
13. 29.093 (9) (gm) of the statutes is repealed.
SB356, s. 14
2Section
14. 29.093 (9) (gr) of the statutes is repealed.
SB356, s. 15
3Section
15. 29.40 (6) of the statutes is amended to read:
SB356,7,54
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).
SB356, s. 16
6Section
16. 29.42 (4) of the statutes is amended to read:
SB356,7,107
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.
SB356, s. 17
11Section
17. 29.425 (4m) of the statutes is amended to read:
SB356,7,1312
29.425
(4m) Applicability. This section does not apply to
commercially raised 13farm-raised deer
, as defined in s. 95.25 (5m).
SB356, s. 18
14Section
18. 29.427 (6) of the statutes is amended to read:
SB356,7,1815
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.
SB356, s. 19
19Section
19. 29.43 (5) (b) of the statutes is amended to read:
SB356,7,2220
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).
SB356, s. 20
23Section
20. 29.44 (3) of the statutes is amended to read:
SB356,8,3
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).
SB356, s. 21
4Section
21. 29.45 (6) of the statutes is amended to read:
SB356,8,65
29.45
(6) This section does not apply to the transportation of
commercially
6raised farm-raised deer
, as defined in s. 95.25 (5m).
SB356, s. 22
7Section
22. 29.48 (1m) of the statutes is amended to read:
SB356,8,98
29.48
(1m) Subsection (1) does not apply to
commercially raised farm-raised 9deer
, as defined in s. 95.25 (5m).
SB356, s. 23
10Section
23. 29.49 (1) (a) (intro.) of the statutes is amended to read:
SB356,8,1411
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:
SB356, s. 24
15Section
24. 29.49 (3) of the statutes is created to read:
SB356,8,1716
29.49
(3) Exemption. This section does not apply to the meat from farm-raised
17deer.
SB356, s. 25
18Section
25. 29.55 (2m) of the statutes is created to read:
SB356,8,1919
29.55
(2m) Subsections (1) and (2) do not apply to farm-raised deer.
SB356, s. 26
20Section
26. 29.574 (1m) of the statutes is amended to read:
SB356,8,2221
29.574
(1m) This section does not apply to
commercially raised farm-raised 22deer
, as defined in s. 95.25 (5m).
SB356, s. 27
23Section
27. 29.578 (1m) of the statutes is amended to read:
SB356,9,3
129.578
(1m) This section does not apply to
commercially raised deer
, as defined
2in s. 95.25 (5m), or to commercial deer farms licensed under s. 29.58 of the genus
3dama, cervus or rangifer.
SB356, s. 28
4Section
28. 29.58 of the statutes is repealed.
SB356, s. 29
5Section
29. 29.581 of the statutes is repealed.
SB356, s. 30
6Section
30. 29.583 (1) of the statutes is amended to read:
SB356,9,107
29.583
(1) The department may seize and dispose of or may authorize the
8disposal of any deer that has escaped from land licensed under s. 29.574
, or 29.578
9or 29.58 if the licensee has not had the deer returned to the land within 72 hours of
10the discovery of the escape.
SB356, s. 31
11Section
31. 29.583 (3) of the statutes is created to read:
SB356,9,1212
29.583
(3) This section does not apply to farm-raised deer.