AB684, s. 87
3Section
87. 29.969 of the statutes is amended to read:
AB684,84,8
429.969 Larceny of game. A person who, without permission of the owner,
5disturbs or appropriates any wild animal or its carcass that has been lawfully
6reduced to possession by another shall forfeit not less than $1,000 nor more than
7$2,000. This section does not apply to farm-raised deer
or
, farm-raised fish
or wild
8animals that are subject regulation under ch. 22.
AB684, s. 88
9Section
88. 49.857 (1) (d) 2. of the statutes is amended to read:
AB684,84,1010
49.857
(1) (d) 2. An approval specified in s.
29.09 (11m) 22.34 or 29.024 (2g).
AB684,85,1413
59.25
(3) (f) 2. For all court imposed fines and forfeitures required by law to be
14deposited in the state treasury, the amounts required by s. 757.05 for the penalty
15assessment surcharge, the amounts required by s. 165.755 for the crime laboratories
16and drug law enforcement assessment, the amounts required by s. 167.31 (5) for the
17weapons assessment, the amounts required by s. 973.045 for the crime victim and
18witness assistance surcharge, the amounts required by s. 938.34 (8d) for the
19delinquency victim and witness assistance surcharge, the amounts required by s.
20973.046 for the deoxyribonucleic acid analysis surcharge, the amounts required by
21s. 961.41 (5) for the drug abuse program improvement surcharge, the amounts
22required by s. 100.261 for the consumer information assessment, the amounts
23authorized by s. 971.37 (1m) (c) 1. or required by s. 973.055 (1) for the domestic abuse
24assessment, the amounts required by s. 253.06 (4) (c) for the enforcement assessment
25under the supplemental food program for women, infants and children, the amounts
1required by ss. 346.177, 346.495 and 346.65 (4r) for the railroad crossing
2improvement assessment, the amounts required by s. 346.655 (2) (a) and (b) for the
3driver improvement surcharge, the amounts required by s. 102.85 (4) for the
4uninsured employer assessment, the amounts required by s. 299.93 for the
5environmental assessment, the amounts required by s. 29.983 for the wild animal
6protection assessment, the amounts required by
s.
ss. 22.46 (1) and 29.987 for the
7natural resources assessment surcharge, the amounts required by s. 29.985 for the
8fishing shelter removal assessment, the amounts required by s. 350.115 for the
9snowmobile registration restitution payment and the amounts required by
s. ss.
1022.46 (2) and 29.989 for natural resources restitution payments, transmit to the state
11treasurer a statement of all moneys required by law to be paid on the actions entered
12during the preceding month on or before the first day of the next succeeding month,
13certified by the county treasurer's personal signature affixed or attached thereto,
14and at the same time pay to the state treasurer the amount thereof.
AB684,86,1917
59.40
(2) (m) Pay monthly to the treasurer for the use of the state the state's
18percentage of the fees required to be paid on each civil action, criminal action and
19special proceeding filed during the preceding month and pay monthly to the
20treasurer for the use of the state the percentage of court imposed fines and forfeitures
21required by law to be deposited in the state treasury, the amounts required by s.
22757.05 for the penalty assessment surcharge, the amounts required by s. 165.755 for
23the crime laboratories and drug law enforcement assessment, the amounts required
24by s. 167.31 (5) for the weapons assessment, the amounts required by s. 973.045 for
25the crime victim and witness assistance surcharge, the amounts required by s.
1938.34 (8d) for the delinquency victim and witness assistance surcharge, the
2amounts required by s. 973.046 for the deoxyribonucleic acid analysis surcharge, the
3amounts required by s. 961.41 (5) for the drug abuse program improvement
4surcharge, the amounts required by s. 100.261 for the consumer information
5assessment, the amounts authorized by s. 971.37 (1m) (c) 1. or required by s. 973.055
6for the domestic abuse assessment surcharge, the amounts required by s. 253.06 (4)
7(c) for the enforcement assessment under the supplemental food program for women,
8infants and children, the amounts required by ss. 346.177, 346.495 and 346.65 (4r)
9for the railroad crossing improvement assessment, the amounts required by s.
10346.655 for the driver improvement surcharge, the amounts required by s. 102.85 (4)
11for the uninsured employer assessment, the amounts required by s. 299.93 for the
12environmental assessment, the amounts required under s. 29.983 for the wild
13animal protection assessment, the amounts required under
s. ss. 22.46 (1) (d) and 1429.987 (1) (d) for the natural resources assessment surcharge, the amounts required
15by s. 29.985 for the fishing shelter removal assessment, the amounts required by s.
16350.115 for the snowmobile registration restitution payment and the amounts
17required under
s. ss. 22.46 (2) (d) and 29.989 (1) (d) for the natural resources
18restitution payments. The payments shall be made by the 15th day of the month
19following receipt thereof.
AB684, s. 91
20Section
91. 73.0301 (1) (d) 1. of the statutes is amended to read:
AB684,86,2121
73.0301
(1) (d) 1. An approval specified in s.
29.09 (11r) 22.35 or 29.024 (2r).
AB684, s. 92
22Section
92. 167.31 (4) (b) of the statutes is amended to read:
AB684,87,223
167.31
(4) (b) Subsections (2) (a), (b) and (c) and (3) (a) and (b) do not apply to
24the holder of a
scientific research license under s. 22.25 or a scientific collector permit
1under s. 29.614 who is using a net gun or tranquilizer gun in an activity related to
2the purpose for which the
license or permit was issued.
AB684, s. 94
5Section
94. 173.01 (1b) of the statutes is created to read:
AB684,87,66
173.01
(1b) "Conservation warden" means a warden appointed under s. 23.10.
AB684, s. 95
7Section
95. 173.01 (1d) of the statutes is created to read:
AB684,87,98
173.01
(1d) "Custodial entity" means a political subdivision, a person
9contracting under s. 173.15 (1) or the department of natural resources.
AB684, s. 96
10Section
96. 173.01 (1r) of the statutes is created to read:
AB684,87,1211
173.01
(1r) "Governmental unit" means a political subdivision or the
12department of natural resources.
AB684, s. 97
13Section
97. 173.01 (2) of the statutes is amended to read:
AB684,87,1514
173.01
(2) "Law enforcement officer" has the meaning given in s. 165.85 (2) (c)
15and does not include a conservation warden.
AB684,87,2018
173.07
(4m) Request prosecutions. A humane officer may request law
19enforcement officers
, conservation wardens and district attorneys to enforce and
20prosecute violations of state law and may cooperate in those prosecutions.
AB684,88,13
23173.10 Investigation of cruelty complaints. A person may apply for a
24search warrant under s. 968.12 if there is reason to believe that a violation of ch.
22
25or 951 has taken place or is taking place. If the court is satisfied that probable cause
1exists, it shall issue a search warrant directing a law enforcement officer in the
2county
, or in the case of a wild animal subject to regulation under ch. 22 a
3conservation warden, to proceed immediately to the location of the alleged violation
4with a doctor of veterinary medicine, if the court determines that a veterinarian is
5necessary for purposes of the search, and directing the law enforcement officer
or
6conservation warden to search the place designated in the warrant, retaining in his
7or her custody subject to the order of the court such property or things as are specified
8in the warrant, including any animal. If the person applying for the search warrant
9is a humane officer, the warrant shall direct that the humane officer accompany the
10law enforcement officer
or conservation warden who is directed to perform the
11search. The warrant shall be executed and returned to the court which issued the
12warrant in accordance with ss. 968.15 and 968.17. This section does not affect other
13powers and duties of law enforcement officers
or conservation wardens.
AB684, s. 100
14Section
100. 173.11 (5) of the statutes is created to read:
AB684,88,1615
173.11
(5) Nonapplicability. This section does not apply to wild animals that
16are subject to regulation under ch. 22.
AB684,88,2119
173.12
(1) (a) Any veterinarian who has reason to believe that an animal has
20been in a fight in violation of s. 951.08 shall report the matter to the local humane
21officer or to a local law enforcement agency,
except as provided in par. (b).
AB684,88,24
22(c) The report
under this subsection shall be in writing and shall include a
23description and the location of the animal, any injuries suffered by the animal and
24the name and address of the owner or person in charge of the animal, if known.
AB684, s. 102
25Section
102. 173.12 (1) (b) of the statutes is created to read:
AB684,89,2
1173.12
(1) (b) If the animal is a wild animal subject to regulation under ch. 22,
2the veterinarian shall report the matter to the department of natural resources.
AB684,89,115
173.12
(1m) If an animal has been seized because it is alleged that the animal
6has been used in or constitutes evidence of any crime specified in s. 951.08, the
7animal may not be returned to the owner
by an officer under s. 968.20 (2). In any
8hearing under s. 968.20 (1), the court shall determine if the animal is needed as
9evidence or there is reason to believe that the animal has participated in or been
10trained for fighting. If the court makes such a finding, the animal shall be retained
11in custody.
AB684,89,1814
173.12
(3) (a) If the owner is convicted under s. 951.08 or is subject to the
15restrictions under s. 951.08 (2m), the animal shall be delivered to the local humane
16officer or county or municipal pound
if the animal is not subject to regulation under
17ch. 22. If there is no local humane officer or pound, the animal may be delivered to
18a local humane society or to another person designated by the court.
AB684,89,21
19(ar) If the animal is one year old or older or shows indication of having
20participated in fighting, the animal shall be disposed of in a proper and humane
21manner.
AB684, s. 105
22Section
105. 173.12 (3) (ag) of the statutes is created to read:
AB684,90,223
173.12
(3) (ag) If the owner is convicted under s. 951.08 or is subject to the
24restrictions under s. 951.08 (2m), the animal shall be delivered to the department of
1natural resources or to another person designated by the court if the animal is a wild
2animal subject to regulation under ch. 22.
AB684, s. 106
3Section
106. 173.13 (1) (d) of the statutes is created to read:
AB684,90,54
173.13
(1) (d) This subsection does not apply to wild animals that are subject
5to regulation under ch. 22.
AB684,90,118
173.13
(2) (a) (intro.) A humane officer
or
, law enforcement officer
or
9conservation warden or a person contracting under s. 173.15 (1) may accept an
10animal delivered by a veterinarian, or his or her employe, if the animal has not been
11picked up by its owner and all of the following apply:
AB684,90,1714
173.13
(2) (a) 1. The veterinarian notified the owner of the animal by certified
15mail, return receipt requested, that the animal was ready to be picked up and that
16the animal would be delivered to a
humane officer
person authorized to accept the
17animal if not picked up within 7 days.
AB684,90,2120
173.13
(2) (a) 3. The veterinarian certifies in writing to the humane officer
or, 21law enforcement officer
or conservation warden that subds. 1. and 2 apply.
AB684, s. 110
22Section
110. 173.13 (2) (a) 4. of the statutes is created to read:
AB684,90,2523
173.13
(2) (a) 4. The humane officer, law enforcement officer or conservation
24warden or the person contracting under s. 173.15 (1) is authorized under s. 22.42 or
25this section to accept the animal.
AB684,91,63
173.13
(2) (b) If an animal is accepted under par. (a), the veterinarian shall
4provide the person accepting the animal with any requested records concerning the
5animal's ownership
, or health or
the licensure
of the animal or of the owner under
6ch. 22.
AB684,91,139
173.13
(3) (a) If a humane officer
or
, law enforcement officer
or conservation
10warden takes custody of an animal with the knowledge of the owner, the humane
11officer
or, law enforcement officer
or conservation warden shall explain the
12procedure by which the owner can recover the animal, including the procedure under
13s. 173.22, and the procedure to be followed if the animal is not returned to the owner.
AB684,91,2416
173.13
(3) (b) If a humane officer
or
, law enforcement officer
or conservation
17warden takes custody of an animal without the knowledge of the owner, the humane
18officer
or, law enforcement officer
or conservation warden shall promptly notify the
19owner in writing if he or she can be identified and located with reasonable effort. The
20notice shall explain the procedure by which the owner can recover the animal,
21including the procedure under s. 173.22, and the procedure to be followed if the
22animal is not returned to the owner. The notice shall also inform the owner that the
23owner must notify any person with a lien on the animal that the animal has been
24taken into custody.
AB684,92,53
173.13
(3) (c) If the owner informs the humane officer
or, law enforcement
4officer
or conservation warden in writing that he or she will not claim the animal, it
5may be treated as an unclaimed animal under s. 173.23 (1m).
AB684,92,218
173.15
(1) Providing services. A political subdivision may provide for the care,
9treatment or disposal of animals taken into custody
by a humane officer or law
10enforcement officer under s. 173.13. The department of natural resources may
11provide for the care, treatment or disposal of wild animals subject to regulation
12under ch. 22 that are taken into custody under s. 22.42. A political subdivision
or the
13department of natural resources may provide these services directly or by
14contracting with any other person. A political subdivision
or the department of
15natural resources may establish standard fees for the care, custody and treatment
16of animals in its custody. The political subdivision
or the department of natural
17resources may establish different fees for animals released to their owners and
18animals released to persons other than their owners. If the political subdivision
or
19the department of natural resources does not establish standard fees, it may charge
20no more than the actual costs of care, custody or treatment to any person required
21to pay for the care, custody or treatment of an animal.
AB684,93,3
1173.15
(2) Contract for services. (intro.) Every person entering into a
2contract with a political subdivision
or the department of natural resources under
3sub. (1) shall agree to do all of the following:
AB684,93,11
6173.17 Records. (intro.) A humane officer or law enforcement officer taking
7custody of an animal
on behalf of a political subdivision under s. 173.13 or a
8conservation warden taking custody of an animal under s. 22.42 shall maintain, or
9require any person to whom the animal is delivered under a contract under s. 173.15
10(1) to maintain, as appropriate, records for each animal containing the following
11information:
AB684,93,21
14173.19 Animals considered unclaimed. A
political subdivision or person
15contracting under s. 173.15 (1) custodial entity may treat any animal taken into
16custody under s.
22.42 (1) (a), (c), (h) or (j) or 173.13 (1) (a) 1., 3., 4. or 9. as an
17unclaimed animal subject to s. 173.23 (1m) if, within 7 days after custody is taken
18of the animal, it is not claimed by and returned to its owner under s. 173.23 (1), except
19that an animal taken into custody under s.
22.42 (1) (c) or 173.13 (1) (a) 3. or 4. may
20not be treated as unclaimed if its owner files a petition under s. 173.22 (1) within 7
21days after custody is taken.
AB684,94,324
173.21
(1) Grounds. (intro.) A political subdivision
or the department of
25natural resources may withhold, or direct a person contracting
with the political
1subdivision or the department of natural resources under s. 173.15 (1) to withhold,
2an animal in custody from an owner who makes an otherwise adequate claim for the
3animal under s. 173.23 (1) on any of the following grounds:
AB684,94,86
173.21
(1) (a) There are reasonable grounds to believe that the owner has
7mistreated the animal in violation of ch. 951
or in violation of ch. 22 if the animal is
8a wild animal subject to regulation under ch. 22.
AB684,94,1511
173.21
(4) Return. A
political subdivision or person contracting under s.
12173.15 (1) custodial entity having custody of an animal withheld under sub. (1) shall
13release the animal to the owner at the direction of the humane officer
or, law
14enforcement officer
that or conservation warden who took custody of the animal if
15the requirements of s. 173.23 (1) (a) to (c) are satisfied.
AB684,94,2218
173.22
(1) Petition. A person claiming that an animal that he or she owns was
19improperly taken into custody under s.
22.42 (1) (c), (d), (e), (g), (i), (j), (k) or (L) or 20173.13 (1) (a) 3., 4., 5., 6. or 8. or is wrongfully withheld under s. 173.21 (1) may seek
21return of the animal by petitioning for an order from the circuit court for the county
22in which the animal was taken into custody or in which it is held.
AB684,95,5
1173.22
(2) Notice and hearing. The court shall provide notice of a petition
2under sub. (1) to the humane officer
or, law enforcement officer
or conservation
3warden who took the animal into custody or to the
political subdivision governmental
4unit that withheld the animal and shall hold a hearing on the issue of whether the
5animal was improperly taken into custody or is wrongfully withheld.
AB684,95,118
173.22
(3) (a) (intro.) If the animal was taken into custody under s.
22.42 (1)
9(g) or 173.13 (1) (a) 8. or is withheld under s. 173.21 (1), the court shall order the
10animal returned to the owner unless it determines that one of the following
11conditions is satisfied:
AB684,95,1514
173.22
(3) (a) 1. There are reasonable grounds to believe that the owner has
15mistreated the animal in violation of ch.
22 or 951.
AB684, s. 126
16Section
126. 173.22 (3) (cm) of the statutes is created to read:
AB684,95,2017
173.22
(3) (cm) If the animal was taken into custody under s. 22.42 (1) (c), the
18court shall order the animal returned to its owner if the court determines that the
19the owner of the animal has not violated ch. 22 or any ordinance enacted under s.
2022.43.
AB684,96,223
173.22
(3) (d) If the animal was taken into custody under s.
22.42 (1) (d) or 24173.13 (1) (a) 5., the court shall order the animal returned to its owner if the court
1determines that the animal was not subject to a quarantine order or was confined as
2required by a quarantine order.
AB684,96,75
173.22
(3) (e) If the animal was taken into custody under s.
22.42 (1) (e) or 6173.13 (1) (a) 6., the court shall order the animal returned to its owner if the court
7determines that the animal did not cause damage to persons or property.
AB684, s. 129
8Section
129. 173.22 (3) (f) of the statutes is created to read:
AB684,96,119
173.22
(3) (f) If the animal was taken into custody under s. 22.42 (1) (i), the
10court shall order the animal returned to its owner if the court determines that the
11animal has not been exposed to, or has not been infected with, any of the following:
AB684,96,1312
1. A contagious or infectious disease, as defined in the rules promulgated by
13the department under s. 95.001 (2).
AB684,96,1514
2. A reportable disease as designated by the department of natural resources
15under s. 22.44 (2).