AB514: Bill Text Engrossed

AB514-engrossed,52,22 (2) Rules; general. The department shall promulgate and enforce rules for the housing, care, treatment, feeding and sanitation of wild animals subject to this chapter to ensure all of the following:

AB514-engrossed,52,23 (a) That the wild animals receive humane treatment.

AB514-engrossed,52,24 (b) That the wild animals are held under sanitary conditions.

AB514-engrossed,52,25 (c) That the wild animals receive adequate housing, care and food.

AB514-engrossed,53,1 (d) The public is protected from injury by the wild animals.

AB514-engrossed,53,8 (3) Rules; housing. The rules for housing under sub. (2) shall include requirements for the size and location of permanent enclosures and of temporary enclosures at locations other than those where the wild animals are permanently housed. The rules regulating the location of enclosures shall include the distance required between 2 enclosures. The rules for housing shall include specifications for enclosures for each type of inherently dangerous wild animal that the department designates under s. 22.11 (1).

AB514-engrossed,53,11 (4) Orders. (a) The department may issue an order requiring any person holding a license under this chapter to comply with the rules promulgated under sub. (2).

AB514-engrossed,53,13 (b) Any person who fails to comply with an order issued under par. (a) within 10 days after its issuance will be subject to penalties provided in s. 22.42.

AB514-engrossed,53,20 (5) Free-roaming wild animals. A person holding a captive wild animal farm license or a deer farm license shall make a reasonable effort to drive free-roaming wild animals from land subject to the license that will be enclosed before the land is enclosed. If any white-tailed deer remain in the boundaries of a deer farm fence, the department may authorize the hunting of those deer. A person holding a deer farm license shall pay the department $250 for each white-tailed deer remaining within the boundaries.

AB514-engrossed,53,23 22.37 Prohibited activities; trespassing. (1) Diseased wild animals. (a) No person may sell, lease, transfer, move from one location to another, release or dispose of any wild animal if any of the following applies:

AB514-engrossed,53,25 1. The wild animal is under a quarantine order and the department issuing the order does not authorize the sale, lease, transfer, move or disposal.

AB514-engrossed,54,1 2. Testing for disease has been conducted and the results are pending.

AB514-engrossed,54,6 3. The person knows that the wild animal has been exposed to or has been infected with a contagious or infectious disease as defined under rules promulgated by the department of agriculture, trade and consumer protection under s. 95.001 (2), or a reportable disease as designated by the department of natural resources under s. 22.41 (2).

AB514-engrossed,54,7 (b) No person may misrepresent the disease status of any wild animal.

AB514-engrossed,54,10 (c) No person may fail to present any wild animal for any required testing for disease as required by the department or by the department of agriculture, trade and consumer protection.

AB514-engrossed,54,12 (d) The prohibition under sub. (1) (a) 3. does not apply if results from testing for the disease show that the wild animal is not likely to transmit the disease.

AB514-engrossed,54,16 (e) No veterinarian may fail to report a contagious or infectious disease, as defined under rules promulgated by the department of agriculture, trade and consumer protection under s. 95.001 (2), or a reportable disease, as designated by the department of natural resources under s. 22.41 (2), in a wild animal.

AB514-engrossed,54,19 (2) Tampering; commingling. (a) No person may remove, alter or tamper in any way with any form of official identification on a wild animal, including any ear or back tag, leg band or tattoo.

AB514-engrossed,54,21 (b) No person may cause or permit the commingling of wild animals with domesticated animals, except as permitted by the department.

AB514-engrossed,55,2 (3) Taking of wild animals. A person who hunts, traps, kills or takes a wild animal subject to this chapter on land subject to a license issued under this chapter without the permission of the license holder or of the holder's employe or agent is liable to the license holder for any damage that the person causes to any wild animal that is subject to this chapter or to any property or land that is subject to the license.

AB514-engrossed,55,7 22.38 Quarantines. (1) Summary action. (a) The department of natural resources or the department of agriculture, trade and consumer protection may summarily issue a quarantine order to control contagious, infectious or communicable diseases, to protect the health of wild animals and domesticated animals in this state and to control the possessing of wild animals in this state.

AB514-engrossed,55,9 (b) No person may move any wild animal in violation of a quarantine order or fail to comply with the terms and conditions of a quarantine order.

AB514-engrossed,55,13 (2) Service of notice. No quarantine is effective until written notice of the quarantine is served upon any person possessing the wild animals and on any person controlling the premises affected by the quarantine order. The department issuing the order may serve a quarantine order in any of the following ways:

AB514-engrossed,55,14 (a) By personal service.

AB514-engrossed,55,15 (b) By registered mail.

AB514-engrossed,55,17 (c) By posting a copy of the order at 2 conspicuous places on the premises affected by the quarantine.

AB514-engrossed,55,20 (3) Proof of service. Service of the quarantine order shall be proved by affidavit, except for service by registered mail. Proof of service shall be filed with the department.

AB514-engrossed,55,22 (4) Contents of order. The quarantine order shall contain all of the following information:

AB514-engrossed,55,23 (a) The name and address of the person affected by the quarantine.

AB514-engrossed,55,24 (b) The identification of all wild animals affected by the quarantine.

AB514-engrossed,55,25 (c) A description of the premises affected by the quarantine.

AB514-engrossed,56,1 (d) The reason or justification for the quarantine.

AB514-engrossed,56,2 (e) All terms and conditions applicable to the quarantine.

AB514-engrossed,56,3 (f) Notice of the right to request a hearing to review the quarantine.

AB514-engrossed,56,6 (5) Duration of quarantine. Quarantines shall remain in effect until a written notice of release is issued by the department issuing the order or until a decision releasing the quarantine is rendered under sub. (6).

AB514-engrossed,56,11 (6) Review of quarantine. Any person affected by a quarantine shall be granted a hearing by the department issuing the order if the person requests the hearing within 30 days after the date of the service of the quarantine order. The hearing shall be treated as a contested case if the requirements of s. 227.42 (1) are met.

AB514-engrossed,56,13 22.39 Disposal and removal of wild animals. (1) Disposition. The department may seize, dispose of or order the disposal of any of the following:

AB514-engrossed,56,16 (a) Any animal that is possessed, taken, introduced, stocked, released, exhibited, propagated, rehabilitated, hunted, sold or purchased in violation of this chapter.

AB514-engrossed,56,22 (b) Any dead, dying or sick wild animal that has been exposed to or is known to be infected with a contagious or infectious disease as defined in the rules promulgated by the department of agriculture, trade and consumer protection under s. 95.001 (2), with a reportable disease as designated by the department of natural resources under s. 22.41 (2) or with a disease or parasite that has pathological significance to humans or to any animals.

AB514-engrossed,57,2 (c) Any wild animal that has escaped and that has not been returned to its owner or other person authorized to possess the wild animal. The department may not dispose of the wild animal until 72 hours have elapsed after the escape unless the department determines that the wild animal poses a risk to public safety or to the health of other animals.

AB514-engrossed,57,3 (d) Any wild animal housed or held in an inhumane manner.

AB514-engrossed,57,10 (2) Entry violations. The department shall notify the owner of a wild animal that has entered this state in violation of s. 22.35 or that is in violation of a quarantine order issued under s. 22.38 that the owner has an opportunity to comply with s. 22.35 or the quarantine order issued under s. 22.38 within a given number of days as specified by the department in the notice. If the owner fails to comply within the specified number of days, the department may seize and dispose of the wild animal or order the disposal of the wild animal or its removal from this state.

AB514-engrossed,57,13 (3) Expense of disposal. The owner of a wild animal that is disposed of or removed by the department under this section shall reimburse the department for its expenses incurred in the disposal or removal.

AB514-engrossed,57,15 22.40 Local ordinances. A city, village, town or county may enact and enforce an ordinance relating to possessing or selling live wild animals.

AB514-engrossed,57,18 22.41 Rules by the department. (1) Domesticated animals. The department shall promulgate rules specifying which animals are domesticated animals for purposes of s. 22.01 (14) (b).

AB514-engrossed,57,20 (2) Reportable diseases. The department may promulgate rules listing reportable diseases for purposes of this chapter and s. 29.535.

AB514-engrossed,57,22 (3) Introduction requirements. (a) The department may promulgate rules to establish the following:

AB514-engrossed,57,24 1. Additional requirements that wild animals shall meet before they enter this state.

AB514-engrossed,58,2 2. Additional requirements that any animals shall meet before they may introduced, stocked or released into the wild.

AB514-engrossed,58,4 (b) The requirements under par. (a) may include mandatory testing of the animals for disease.

AB514-engrossed,58,7 (4) Certificates. The department may promulgate rules that establish the information that is required for issuing, and that shall be provided on, interstate health certificates and certificates of veterinary inspection.

AB514-engrossed,58,10 22.42 Penalties; revocations. (1) Definition. In this section, "violation of this chapter" means a violation of this chapter or any rule promulgated under this chapter.

AB514-engrossed,58,12 (2) Penalties. For a violation of this chapter, a person shall be subject to a forfeiture of not more than $200, except as follows:

AB514-engrossed,58,15 (a) Possession. For possessing any live wild animal, or a carcass of a wild animal, in violation of this chapter, a person shall forfeit not less than $100 nor more than $500.

AB514-engrossed,58,18 (b) Sale or purchase. For selling or purchasing any live wild animal in violation of this chapter, a person shall be fined not less than $100 nor more than $2,000 or imprisoned for not more than 6 months or both.

AB514-engrossed,58,22 (c) Possession, sale, release and descenting of live skunks. For possessing, selling, purchasing, descenting, introducing, stocking or releasing into the wild a live skunk in violation of this chapter, a person shall forfeit not less than $100 nor more than $1,000. This penalty shall apply in lieu of the penalties under pars. (a) and (b).

AB514-engrossed,58,25 (d) Taking of bear and deer. For taking bear or deer from the wild in violation of s. 22.04, or a rule promulgate thereunder, a person shall be fined not less than $1,000 nor more than $2,000 or imprisoned for not more than 6 months or both.

AB514-engrossed,59,4 (e) Diseased and environmentally injurious wild animals. For a violation of s. 22.11 (2) (b) or (c) or 22.37 (1) or a quarantine order issued under s. 22.38, a person shall be fined not less than $500 nor more than $5,000 or imprisoned for not more than 6 months or both.

AB514-engrossed,59,7 (f) Selling or purchasing venison from white-tailed deer. For violation of s. 22.13 (1) or (2) or rules promulgated thereunder, a person shall be fined not less than $1,000 nor more than $2,000 or imprisoned for not more than 6 months or both.

AB514-engrossed,59,11 (g) Obtaining license during period of revocation. For obtaining any license under this chapter during the period of time when that license is revoked or suspended by any court, a person shall be fined not more than $200 or imprisoned for not more than 90 days or both.

AB514-engrossed,59,14 (3) Diminished penalties. No penalty imposed under sub. (2) shall be held to be diminished because the violation for which it is imposed falls also within the scope of a more general prohibition.

AB514-engrossed,59,19 (4) Penalties; repeaters. If a person is convicted of any violation of this chapter and it is alleged in the indictment, information or complaint, and proved or admitted on trial or ascertained by the court after conviction that the person was previously convicted within a period of 5 years for a violation of this chapter, the person shall be subject to all of the following in addition to the penalty for the current violation:

AB514-engrossed,59,21 (a) The person shall be fined not more than $100 or imprisoned for not more than 6 months or both.

AB514-engrossed,59,25 (b) For violations under sub. (2) (a), (b), (d) and (e), the court shall revoke all of the licenses issued to the person under this chapter, and the department may not issue any license under this chapter to the person for a period of one year after the current conviction.

AB514-engrossed,60,3 (5) Court revocations and suspensions. In addition to or in lieu of any other penalty for violation of this chapter, the court may revoke or suspend any privilege or license under this chapter for a period of up to 3 years.

AB514-engrossed,60,6 (6) Revocations by the department. In addition to the revocation proceeding under sub. (4), the department may revoke any license to which any of the following applies:

AB514-engrossed,60,8 (a) The department determines that the license was fraudulently procured, erroneously issued or otherwise prohibited by law.

AB514-engrossed,60,10 (b) The department determines that the person holding the license is not in compliance with this chapter or with a rule promulgated under this chapter.

AB514-engrossed,60,15 (7) Prohibitions during periods of suspension or revocation. (a) Any person who has had an approval or privilege under this chapter revoked or suspended and who engages in the activity authorized by the approval or in the privilege during the period of revocation or suspension is subject to the following penalties, in addition to any other penalty imposed for failure to have an approval:

AB514-engrossed,60,17 1. For the first conviction, the person shall forfeit not less than $300 nor more than $500.

AB514-engrossed,60,19 2. If the number of convictions in a 5-year period equals 2 or more, the person shall be fined not less than $500 nor more than $1,000.

AB514-engrossed,60,21 (b) The 5-year period under par. (a) 2. shall be measured from the dates of the violations which resulted in the convictions.

AB514-engrossed,61,2 (8) Parties to a violation. (a) Whoever is concerned in the commission of a violation of this chapter is a principal and may be charged with and convicted of the violation of this chapter although he or she did not directly commit it and although the person who directly committed it has not been convicted of the violation of this chapter.

AB514-engrossed,61,4 (b) A person is concerned in the commission of the violation of this chapter if the person does any of the following:

AB514-engrossed,61,5 1. Directly commits the violation of this chapter.

AB514-engrossed,61,6 2. Aids and abets the commission of the violation of this chapter.

AB514-engrossed,61,8 3. Is a party to a conspiracy with another to commit the violation of this chapter or advises, hires or counsels or otherwise procures another to commit it.

AB514-engrossed,61,13 22.43 Natural resources assessments and restitution payments. (1) Natural resources assessments. (a) If a court imposes a fine or forfeiture for a violation of this chapter or a rule promulgated under this chapter, the court shall impose a natural resources assessment equal to 75% of the amount of the fine or forfeiture.

AB514-engrossed,61,15 (b) If a fine or forfeiture is suspended in whole or in part, the natural resources assessment shall be reduced in proportion to the suspension.

AB514-engrossed,61,21 (c) If any deposit is made for an offense to which this subsection applies, the person making the deposit shall also deposit a sufficient amount to include the natural resources assessment prescribed in this subsection. If the deposit is forfeited, the amount of the natural resources assessment shall be transmitted to the state treasurer under par. (d). If the deposit is returned, the natural resources assessment shall also be returned.

AB514-engrossed,62,2 (d) The clerk of the court shall collect and transmit to the county treasurer the natural resources assessment and other amounts required under s. 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer as provided in s. 59.25 (3) (f) 2. The state treasurer shall deposit the amount of the natural resources assessment in the conservation fund.

AB514-engrossed,62,4 (e) All moneys collected from natural resources assessments shall be deposited in the conservation fund and credited to the appropriation under s. 20.370 (3) (mu).

AB514-engrossed,62,9 (2) Natural resources restitution payments. (a) If a court imposes a fine or forfeiture for a violation of this chapter for failure to obtain a license required under this chapter, the court shall impose a natural resources restitution payment equal to the amount of the fee for the license that was required and should have been obtained.

AB514-engrossed,62,12 (b) If a fine or forfeiture is suspended in whole or in part, the natural resources restitution payment shall be reduced in proportion to the suspension unless the court directs otherwise.

AB514-engrossed,62,18 (c) If any deposit is made for an offense to which this subsection applies, the person making the deposit shall also deposit a sufficient amount to include the natural resources restitution payment prescribed in this subsection. If the deposit is forfeited, the amount of the natural resources restitution payment shall be transmitted to the state treasurer under par. (d). If the deposit is returned, the natural resources restitution payment shall also be returned.

AB514-engrossed,62,23 (d) The clerk of the court shall collect and transmit to the county treasurer the natural resources restitution payment and other amounts required under s. 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer as provided in s. 59.25 (3) (f) 2. The state treasurer shall deposit the amount of the natural resources restitution payment in the conservation fund.

AB514-engrossed,63,3 (e) All moneys collected from natural resources restitution payments shall be deposited in the conservation fund and credited to the appropriation account under s. 20.370 (3) (mu).

AB514-engrossed, s. 4 Section 4. 23.09 (2) (f) of the statutes is amended to read:

AB514-engrossed,63,7 23.09 (2) (f) (title) Propagation, game and fish. Capture, propagate, transport, sell or exchange any species of game or fish needed for stocking or restocking any lands or waters of the state.