2001 Wisconsin Act 56

56,129 Section 129. 95.24 (3) (a) (intro.) of the statutes is amended to read:

95.24 (3) (a) (intro.) No type of living vaccine for immunizing against anthrax or swine erysipelas may be administered to any domestic animal, including fowl, or sold or dispensed in this state without first having obtained the written approval of the chief veterinarian of the department. Approval to administer such vaccine shall be granted to licensed veterinarians only, and then only to qualify the domestic animal or fowl for export or in the event that any of the following has been established:

56,130 Section 130. 95.24 (3) (a) 1. of the statutes is amended to read:

95.24 (3) (a) 1. The domestic animals to be so treated are infected.

56,131 Section 131. 95.24 (3) (a) 2. of the statutes is amended to read:

95.24 (3) (a) 2. The domestic animals to be so treated are on premises known to be contaminated.

56,132 Section 132. 95.24 (3) (a) 3. of the statutes is amended to read:

95.24 (3) (a) 3. The domestic animals to be so treated have been exposed within 40 days to infection with the disease for which the living vaccine is prescribed as a proper immunizing agent.

56,133 Section 133. 95.31 (1) of the statutes is amended to read:

95.31 (1) The department shall have general power and authority to may condemn and order the slaughter or destruction of animals that are affected with or exposed to a contagious and or infectious diseases as disease if the department determines that it is necessary to do so to prevent or control the spread of dangerous diseases among domestic animals of this state. The department shall pay indemnities to the owners of animals condemned and destroyed as provided in this chapter the disease. Condemned animals shall be slaughtered or destroyed as directed by the department.

56,134 Section 134. 95.31 (2) of the statutes is amended to read:

95.31 (2) Whenever If the department determines that it is necessary to condemn diseased animals an animal under sub. (1), the department shall, in all cases where the payment of indemnities is authorized under this chapter, appraise the condemned animals animal as provided in s. 95.32 and shall notify the owner in writing of the appraised value. The notice shall include the number and description of the animals and the name of the owner.

56,135 Section 135. 95.31 (3) of the statutes is amended to read:

95.31 (3) In addition to the indemnities for specific animal diseases provided under ss. 95.25, 95.26 and 95.27 or under special emergency programs and subject to s. 95.36, the department shall pay indemnities on livestock condemned and slaughtered or destroyed because of other diseases if the department determines that the condemnation and slaughter or destruction is necessary to protect public health or the livestock industry. The indemnity under this subsection shall be two-thirds of the difference between net salvage value and appraised value, but may not exceed $1,500 for an animal. As used in this subsection, "livestock" means animals of species raised primarily to produce food for human consumption, including farm-raised deer.

56,136 Section 136. 95.31 (4) of the statutes is amended to read:

95.31 (4) In the event of a major or serious outbreak of dangerous diseases affecting a contagious or infectious disease that may affect public health or the health of domestic animals requiring and that requires special control measures, the department may request the joint committee on finance to release funds appropriated under s. 20.115 (2) (b) as needed to conduct emergency control programs independently or in cooperation with federal or local units of government and, subject to s. 95.36, to pay indemnities on animals of species raised primarily to produce food for human consumption, including farm-raised deer, condemned and slaughtered or destroyed under the emergency control programs. For all indemnities paid under this subsection, the state shall pay two-thirds of the difference between the net salvage value and the appraised value of an animal, except that no payment may exceed $1,500 for an animal.

56,137 Section 137. 95.38 (1) of the statutes is amended to read:

95.38 (1) It shall be unlawful for any person to in any manner change any test record, falsely record any test, misrepresent the identification of any animal or any other material fact on any test record, interstate health certificate, certificate of veterinary inspection, vaccination record, claim for indemnity, or any disease control report or application to the department. It shall be unlawful for any person to induce or to conspire with another, either directly or indirectly, to do any of the said prohibited acts.

56,138 Section 138. 95.45 (title) of the statutes is repealed and recreated to read:

95.45 (title) Certificates of veterinary inspection; tests for interstate shipment.

56,139 Section 139. 95.45 (2) of the statutes is repealed.

56,140 Section 140. 95.45 (3) of the statutes is repealed.

56,141 Section 141. 95.45 (4) of the statutes is created to read:

95.45 (4) (a) If the department requires that a certificate of veterinary inspection accompany an animal imported into this state, the veterinarian who issues the certificate shall file a copy of the certificate with the department.

(b) If a certificate of veterinary inspection is required for a wild animal under s. 169.04 (2) (d) and (3) (a) or 169.06 (1) (d) 1., the veterinarian who issues the certificate shall file a copy of the certificate with the department of agriculture, trade and consumer protection. The department of agriculture, trade and consumer protection shall provide a copy of the certificate to the department of natural resources.

(c) The department may promulgate rules to impose requirements on the form, issuance, and filing of certificates of veterinary inspection.

56,142 Section 142. 95.45 (5) of the statutes is created to read:

95.45 (5) Any certificate of veterinary inspection prepared under this chapter or ch. 169 shall comply with any rules that are promulgated by the department.

56,143 Section 143. 95.49 (1) (e) of the statutes is amended to read:

95.49 (1) (e) Animals not known to be reactors moved to the premises of a livestock an animal market operator licensed under s. 95.68 or a livestock an animal dealer licensed under s. 95.69, for sale and removal as provided in sub. (2).

56,144 Section 144. 95.49 (1m) (e) of the statutes is amended to read:

95.49 (1m) (e) Animals not known to be reactors moved to the premises of a livestock an animal market operator licensed under s. 95.68 or a livestock an animal dealer licensed under s. 95.69, for sale and removal as provided in sub. (2).

56,145 Section 145. 95.49 (2) of the statutes is amended to read:

95.49 (2) Animals moved to the premises of a livestock an animal market or animal dealer pursuant to the exemption from brucellosis test in sub. (1) (e) or (1m) (e) may be removed only in compliance with the brucellosis test requirements in sub. (1) or (1m).

56,146 Section 146. 95.55 (title) of the statutes is amended to read:

95.55 Farm-raised deer; registration.

56,147 Section 147. 95.55 (1) (b) of the statutes is renumbered 95.55 (1) (b) 1.

56,148 Section 148. 95.55 (1) (b) 2. of the statutes is created to read:

95.55 (1) (b) 2. The department may promulgate rules to exempt groups of persons or species of farm-raised deer from the registration requirement under this section.

56,149 Section 149. 95.55 (3m) of the statutes is created to read:

95.55 (3m) Authorization. A person who is registered under this section may do any of the following:

(a) Possess, propagate, purchase, sell, hunt, kill, and exhibit farm-raised deer.

(b) Hunt or sell or offer to sell the opportunity to hunt farm-raised deer that the person owns.

56,150 Section 150. 95.55 (5) of the statutes is created to read:

95.55 (5) Hunting. (a) A person hunting farm-raised deer is exempt from having any hunting approval issued under ch. 29 and is exempt from any closed season restrictions or bag limits established by the department of natural resources. In order to regulate the hunting of farm-raised deer, the department of agriculture, trade and consumer protection may promulgate rules to establish tagging requirements or other methods for identifying dead farm-raised deer that have been legally hunted or killed and to impose other conditions or requirements regulating the hunting of farm-raised deer. Section 29.314 applies to the hunting of farm-raised deer.

(b) No owner of farm-raised deer may sell, or offer to sell, the opportunity to hunt farm-raised deer unless the farm-raised deer to be hunted are confined in an area of 80 contiguous acres or more.

(c) The department of natural resources and the department of agriculture, trade and consumer protection shall cooperate with each other with respect to the hunting of farm-raised deer.

56,151 Section 151. 95.55 (6) of the statutes is created to read:

95.55 (6) Rules. (a) The department shall promulgate rules to regulate persons who keep farm-raised deer. The rules shall establish disease testing requirements for bovine tuberculosis and chronic wasting disease and may establish testing requirements for other diseases.

(b) The rules promulgated under this subsection may include any of the following:

1. Standards to be followed by persons keeping farm-raised deer to prevent the spread of disease.

2. Provisions requiring that registration under this section be on an annual basis.

3. Exemptions from any annual registration requirements established under subd. 2.

56,152 Section 152. 95.57 of the statutes is created to read:

95.57 Poultry and farm-raised game birds; national poultry improvement program. (1) Participation in program. The department may promulgate rules to require that any of the following originate from a flock of a person participating in the national poultry improvement plan under 9 CFR part 145:

(a) Poultry, including their eggs, that are used for breeding purposes.

(b) Farm-raised game birds, including their eggs, that are used for breeding purposes.

(2) Fees. The department shall promulgate a rule to set any fee that it imposes on a person for participation in the national poultry improvement plan.

56,153 Section 153. 95.60 (1) (intro.) and (b) of the statutes are consolidated, renumbered 95.60 (1) and amended to read:

95.60 (1) In this section: (b) "Waters , "waters of the state" has the meaning given in s. 281.01 (18).

56,154 Section 154. 95.60 (1) (a) of the statutes is renumbered 95.001 (1) (aj).

56,155 Section 155. 95.68 (title) of the statutes is amended to read:

95.68 (title) Livestock Animal markets.

56,156 Section 156. 95.68 (1) (a) of the statutes is renumbered 95.68 (1) (am).

56,157 Section 157. 95.68 (1) (b) of the statutes is amended to read:

95.68 (1) (b) "Equine market" means a livestock an animal market that is open to the public solely for the purpose of trading in equine animals.

56,158 Section 158. 95.68 (1) (e) of the statutes is renumbered 95.68 (1) (ag) and amended to read:

95.68 (1) (ag) "Livestock Animal market" means any premises which are open to the public for the purpose of trading in livestock or wild animals and on which facilities are maintained for their yarding, feeding and watering prior to sale.

56,159 Section 159. 95.68 (1) (f) of the statutes is renumbered 95.68 (1) (ai) and amended to read:

95.68 (1) (ai) "Livestock Animal transport vehicle" has the meaning given in s. 95.71 (1) (g) (dm).

56,160 Section 160. 95.68 (1) (g) of the statutes is created to read:

95.68 (1) (g) "Wild animal" means a wild animal that is subject to regulation under ch. 169.

56,161 Section 161. 95.68 (2) of the statutes is amended to read:

95.68 (2) License. Except as provided in sub. (2m), no person may operate a livestock an animal market without an annual license from the department. A livestock An animal market license expires on June 30 annually. A separate license is required for every livestock animal market. A license is not transferable between persons or locations.

56,162 Section 162. 95.68 (2m) (title) of the statutes is repealed and recreated to read:

95.68 (2m) (title) Exemptions.

56,163 Section 163. 95.68 (2m) of the statutes is renumbered 95.68 (2m) (a) and amended to read:

95.68 (2m) (a) A person is not required to obtain a license under sub. (2) to operate an occasional auction sale sponsored by a livestock breeder association or a youth agricultural organization if records of the transactions at the sale are maintained by an auctioneer registered under ch. 480 or by a livestock an animal dealer licensed under s. 95.69.

56,164 Section 164. 95.68 (2m) (b) of the statutes is created to read:

95.68 (2m) (b) The department may promulgate rules to exempt groups of persons from the licensing requirement under sub. (2) or the registration requirement under sub. (7) or both.

56,165 Section 165. 95.68 (4) (intro.) of the statutes is amended to read:

95.68 (4) Fees. (intro.) Unless the department specifies a different fee by rule, the fee for a livestock market license issued under this section is the following amount:

56,166 Section 166. 95.68 (4) (a) of the statutes is amended to read:

95.68 (4) (a) For a livestock an animal market that is not an equine market and that conducted sales at the market on at least 5 days during the year immediately preceding the year for which the license is issued, $150.

56,167 Section 167. 95.68 (4) (b) of the statutes is amended to read:

95.68 (4) (b) For a livestock an animal market that is not an equine market and that conducted sales on fewer than 5 days during the year immediately preceding the year for which the license is issued, $75.

56,168 Section 168. 95.68 (4) (c) of the statutes is amended to read:

95.68 (4) (c) For a livestock an animal market other than one described in par. (a) or (b), $100.

56,169 Section 169. 95.68 (5) (a) 1. of the statutes is amended to read: