AB514: Bill Text

AB514, s. 75 Section 75. 29.575 of the statutes is repealed.

AB514, s. 76 Section 76. 29.578 of the statutes is repealed.

AB514, s. 77 Section 77. 29.579 of the statutes is repealed.

AB514, s. 78 Section 78. 29.583 (1) of the statutes is amended to read:

AB514,76,22 29.583 (1) The department may seize and dispose of or may authorize the disposal of any deer that has escaped from land licensed under s. 29.574 or 29.578 22.16 or owned by a person registered under s. 95.55 if the escaped deer has traveled more than 3 miles from the land or if the licensee or person has not had the deer returned to the land within 72 hours of the discovery of the escape.

AB514, s. 79 Section 79. 29.585 of the statutes is repealed.

AB514, s. 80 Section 80. 29.586 of the statutes is repealed.

AB514, s. 81 Section 81. 29.59 (1) (f) of the statutes is amended to read:

AB514,77,3 29.59 (1) (f) Notwithstanding s. 29.01 (14), "wild animal" means any undomesticated mammal or bird, but does not include farm-raised deer or wild animals that are subject to regulation under ch. 22.

AB514, s. 82 Section 82. 29.598 (1) of the statutes is amended to read:

AB514,77,8 29.598 (1) Definition. In this section, "wildlife damage" means damage caused by deer that live in the wild, bear or geese that are not subject to regulation under ch. 22 and that is done to commercial seedings or crops on agricultural land, to orchard trees or nursery stock or to apiaries or livestock.

AB514, s. 83 Section 83. 29.605 of the statutes is repealed.

AB514, s. 84 Section 84. 29.645 of the statutes is amended to read:

AB514,77,15 29.645 Larceny of game. A person who, without permission of the owner, molests, disturbs or appropriates any wild animal or its carcass that has been lawfully reduced to possession by another shall forfeit not less than $1,000 nor more than $2,000. This section does not apply to farm-raised deer or to wild animals that are subject to regulation under ch. 22.

AB514, s. 85 Section 85. 29.65 (1) (intro.) of the statutes is amended to read:

AB514,77,23 29.65 (1) (intro.)  The department may bring a civil action in the name of the state for the recovery of damages against any person unlawfully killing, wounding, catching, taking, trapping, or having unlawfully in possession possessing in violation of this chapter or of any rule promulgated under this chapter any of the following named protected wild animals, birds, or fish, or any part of an animal, bird or fish, and the sum assessed for damages for each wild animal, bird, or fish shall be not less than the amount stated in this section:

AB514, s. 86 Section 86. 59.25 (3) (f) 2. of the statutes is amended to read:

AB514,78,21 59.25 (3) (f) 2. For all court imposed fines and forfeitures required by law to be deposited in the state treasury, the amounts required by s. 165.87 for the penalty assessment surcharge, the amounts required by s. 167.31 (5) for the weapons assessment, the amounts required by s. 973.045 for the crime victim and witness assistance surcharge, the amounts required by s. 973.046 for the deoxyribonucleic acid analysis surcharge, the amounts required by s. 961.41 (5) for the drug abuse program improvement surcharge, the amounts authorized by s. 971.37 (1m) (c) 1. or required by s. 973.055 (1) for the domestic abuse assessment, the amounts required by s. 346.655 (2) (a) and (b) for the driver improvement surcharge, the amounts required by s. 102.85 (4) for the uninsured employer assessment, the amounts required by s. 299.93 for the environmental assessment, the amounts required by s. 29.9965 for the wild animal protection assessment, the amounts required by s. ss. 22.43 (1) (d) and 29.997 for the natural resources assessment surcharge, the amounts required by s. 29.9967 for the fishing shelter removal assessment, the amounts required by s. 350.115 for the snowmobile registration restitution payment and the amounts required by s. ss. 22.43 (2) (d) and 29.998 for natural resources restitution payments, transmit to the state treasurer a statement of all moneys required by law to be paid on the actions entered during the preceding month on or before the first day of the next succeeding month, certified by the county treasurer's personal signature affixed or attached thereto, and at the same time pay to the state treasurer the amount thereof.

AB514, s. 87 Section 87. 59.40 (2) (m) of the statutes is amended to read:

AB514,79,18 59.40 (2) (m) Pay monthly to the treasurer for the use of the state the state's percentage of the fees required to be paid on each civil action, criminal action and special proceeding filed during the preceding month and pay monthly to the treasurer for the use of the state the percentage of court imposed fines and forfeitures required by law to be deposited in the state treasury, the amounts required by s. 165.87 (2) (b) for the penalty assessment surcharge, the amounts required by s. 167.31 (5) for the weapons assessment, the amounts required by s. 973.045 for the crime victim and witness assistance surcharge, the amounts required by s. 973.046 for the deoxyribonucleic acid analysis surcharge, the amounts required by s. 961.41 (5) for the drug abuse program improvement surcharge, the amounts authorized by s. 971.37 (1m) (c) 1. or required by s. 973.055 for the domestic abuse assessment surcharge, the amounts required by s. 346.655 for the driver improvement surcharge, the amounts required by s. 102.85 (4) for the uninsured employer assessment, the amounts required by s. 299.93 for the environmental assessment, the amounts required under s. 29.9965 for the wild animal protection assessment, the amounts required under s. ss. 22.43 (1) (d) and 29.997 (1) (d) for the natural resources assessment surcharge, the amounts required by s. 29.9967 for the fishing shelter removal assessment, the amounts required by s. 350.115 for the snowmobile registration restitution payment and the amounts required under s. ss. 22.43 (2) (d) and 29.998 (1) (d) for the natural resources restitution payments. The payments shall be made by the 15th day of the month following receipt thereof.

AB514, s. 88 Section 88. 167.31 (4) (b) of the statutes is amended to read:

AB514,79,23 167.31 (4) (b) Subsections (2) (a), (b) and (c) and (3) (a) and (b) do not apply to the holder of a scientific collector permit research license under s. 29.17 22.25 who is using a net gun or tranquilizer gun in an activity related to the purpose for which the permit was issued.

AB514, s. 89 Section 89. 814.60 (2) (e) of the statutes is amended to read:

AB514,80,2 814.60 (2) (e) Natural resources restitution payment imposed by s. 22.43 (2) (d) or 29.998.

AB514, s. 90 Section 90. 895.57 (3) of the statutes is amended to read:

AB514,80,10 895.57 (3) Subsection (2) does not apply to any humane officer, local health officer, peace officer, employe of the department of natural resources while on any land licensed under s. 22.15, 22.16, 22.17, 22.18, 22.19 or 29.52, 29.573, 29.574, 29.575 or 29.578 or designated as a wildlife refuge under s. 29.57 (1) or employe of the department of agriculture, trade and consumer protection if the officer's or employe's acts are in good faith and in an apparently authorized and reasonable fulfillment of his or her duties.

AB514, s. 91 Section 91. 943.75 (3) of the statutes is amended to read:

AB514,80,19 943.75 (3) Subsection (2) does not apply to any humane officer, local health officer, peace officer, employe of the department of natural resources while on any land licensed under s. 22.15, 22.16, 22.17, 22.18, 22.19 or 29.52, 29.573, 29.574, 29.575 or 29.578 or designated as a wildlife refuge under s. 29.57 (1) or employe of the department of agriculture, trade and consumer protection if the officer's or employe's acts are in good faith and in an apparently authorized and reasonable fulfillment of his or her duties. This subsection does not limit any other person from claiming the defense of privilege under s. 939.45 (3).

AB514, s. 92 Section 92. 951.01 (1m) of the statutes is created to read:

AB514,80,21 951.01 (1m) "Conservation warden" means a warden appointed under s. 23.10.

AB514, s. 93 Section 93. 951.015 of the statutes is amended to read:

AB514,81,3 951.015 Construction and application. This chapter shall not be interpreted as controverting any law regulating wild animals subject to regulation under ch. 22, the taking of game as defined in s. 29.01 (4) to (7) and (10), the trapping of wild animals under ch. 29, the use of live animals in dog trials or in the training of hunting dogs or the slaughter of animals by persons acting under state or federal law.

AB514, s. 94 Section 94. 951.09 of the statutes is amended to read:

AB514,81,13 951.09 (title) Shooting at caged or staked domesticated animals. No person may instigate, promote, aid or abet as a principal, agent, employe, participant or spectator, or participate in the earnings from, or intentionally maintain or allow any place to be used for the shooting, killing or wounding with a firearm or any deadly weapon, any domesticated animal, as defined in s. 22.01 (14), that is tied, staked out, caged or otherwise intentionally confined in a man-made enclosure, regardless of size. Nothing in this section prohibits the shooting of any wild game in its wild state or the shooting of game birds and waterfowl at licensed game farms or licensed shooting preserves.

AB514, s. 95 Section 95. 951.15 (5) of the statutes is created to read:

AB514,81,17 951.15 (5) For purposes of enforcing this chapter as to wild animals subject to regulation under ch. 22, a conservation warden has the same powers and duties that a law enforcement officer has under this section.

AB514, s. 96 Section 96. 951.16 of the statutes is amended to read:

AB514,82,7 951.16 Investigation of cruelty complaints. A person may apply for a search warrant under s. 968.12 if there is reason to believe that a violation of this chapter has taken place or is taking place. If the court is satisfied that probable cause exists, it shall issue a search warrant directing a law enforcement officer in the county to proceed immediately to the location of the alleged violation with a doctor of veterinary medicine, if the court determines that a veterinarian is necessary for purposes of the search, and directing the law enforcement officer to search the place designated in the warrant, retaining in his or her custody subject to the order of the court such property or things as are specified in the warrant, including any animal. For purposes of enforcing this chapter as to a wild animal that is subject to regulation under ch. 22, the warrant may direct a conservation warden to act as provided in this section. The warrant shall be executed and returned to the court which issued the warrant in accordance with ss. 968.15 and 968.17. This section shall not affect other powers and duties of law enforcement officers or conservation wardens.

AB514, s. 97 Section 97. 951.18 (4) (a) 2. of the statutes is amended to read:

AB514,82,18 951.18 (4) (a) 2. A sentencing court shall require a criminal violator to pay restitution to a person, including any local humane society or county or municipal pound or a law enforcement officer or conservation warden, for any pecuniary loss suffered by the person as a result of the crime, including expenses in keeping any animal that is involved in the crime. This requirement applies regardless of whether the criminal violator is placed on probation under s. 973.09. If restitution is ordered, the court shall consider the financial resources and future ability of the criminal violator to pay and shall determine the method of payment. Upon the application of any interested party, the court shall schedule and hold an evidentiary hearing to determine the value of any pecuniary loss under this paragraph.

AB514, s. 98 Section 98. 951.18 (4) (b) 1. of the statutes is amended to read:

AB514,83,7 951.18 (4) (b) 1. A sentencing court may order that an animal be delivered to the local humane society or the county or municipal pound or to a law enforcement officer if a person commits a crime under this chapter, the person is the owner of the animal that is involved in the crime and the court considers the order to be reasonable and appropriate. A sentencing court may order that an animal be delivered to the department of natural resources, if the animal is a wild animal subject to regulation under ch. 22 and the court considers the order to be reasonable and appropriate. The society, pound or officer shall release the animal to a person other than the owner or dispose of the animal in a proper and humane manner. If the animal is a dog, the release or disposal shall be in accordance with s. 174.046 (8) or (9), except s. 174.046 (8) (a) does not apply and the fees under s. 174.046 (8) (d) do not apply if the expenses are covered under s. 951.17. If the animal is not a dog, the society, pound or officer may charge a fee for the release of the animal.

AB514, s. 99 Section 99. 973.05 (1) of the statutes is amended to read:

AB514,84,5 973.05 (1) When a defendant is sentenced to pay a fine, the court may grant permission for the payment of the fine, of the penalty assessment imposed by s. 165.87, the jail assessment imposed by s. 302.46 (1), the crime victim and witness assistance surcharge under s. 973.045, any applicable deoxyribonucleic acid analysis surcharge under s. 973.046, any applicable drug abuse program improvement surcharge imposed by s. 961.41 (5), any applicable domestic abuse assessment imposed by s. 971.37 (1m) (c) 1. or 973.055, any applicable driver improvement surcharge imposed by s. 346.655, any applicable weapons assessment imposed by s. 167.31, any applicable uninsured employer assessment imposed by s. 102.85 (4), any applicable environmental assessment imposed by s. 299.93, any applicable wild animal protection assessment imposed by s. 29.9965, any applicable natural resources assessment imposed by s. 22.43 (1) (d) or 29.997 and any applicable natural resources restitution payment imposed by s. 22.43 (2) (d) or 29.998 to be made within a period not to exceed 120 days. If no such permission is embodied in the sentence, the fine, the penalty assessment, the jail assessment, the crime victim and witness assistance surcharge, any applicable deoxyribonucleic acid analysis surcharge, any applicable drug abuse program improvement surcharge, any applicable domestic abuse assessment, any applicable driver improvement surcharge, any applicable weapons assessment, any applicable uninsured employer assessment, any applicable environmental assessment, any applicable wild animal protection assessment, any applicable natural resources assessment and any applicable natural resources restitution payment shall be payable immediately.

AB514, s. 100 Section 100. Effective date.

AB514,84,7 (1)  This act takes effect on January 1, 1999.

AB514,84,8 (End)