SB307: Bill Text

SB307, s. 203 Section 203. 95.71 (1) (f) of the statutes is amended to read:

SB307,50,6 95.71 (1) (f) "Livestock Animal trucker employee" means the employee of a person who holds a livestock an animal trucker license if the employee, in the name of the licensed livestock animal trucker, operates a livestock an animal transport vehicle which is registered by the livestock animal trucker and on which the name and the business address of the licensed animal livestock trucker are prominently displayed.

SB307, s. 204 Section 204. 95.71 (1) (g) of the statutes is renumbered 95.71 (1) (dm) and amended to read:

SB307,50,10 95.71 (1) (dm) "Livestock Animal transport vehicle" means any vehicle used to transport livestock or wild animals.

SB307, s. 205 Section 205. 95.71 (1) (i) of the statutes is created to read:

SB307,50,12 95.71 (1) (i) "Wild animal" has the meaning given in s. 95.68 (1) (g).

SB307, s. 206 Section 206. 95.71 (2) of the statutes is amended to read:

SB307,50,19 95.71 (2) License. No person may operate as a livestock an animal trucker without an annual license issued by the department. A livestock An animal trucker license authorizes a livestock an animal trucker to operate only those livestock animal transport vehicles that are registered by the livestock animal trucker under sub. (4). A license expires on June 30 annually. A livestock An animal trucker license is not transferable.

SB307, s. 207 Section 207. 95.71 (3) of the statutes is amended to read:

SB307,51,2 95.71 (3) Application. An application for a livestock an animal trucker license under sub. (2) shall be made on a form provided by the department. The application shall include information reasonably required by the department for licensing purposes. As part of the application, the applicant shall register every livestock animal transport vehicle operated by the applicant as provided under sub. (4). An application shall be accompanied by the applicable fees and surcharges required under subs. (5) and (6).

SB307, s. 208 Section 208. 95.71 (4) of the statutes is amended to read:

SB307,51,9 95.71 (4) Livestock Animal transport vehicle registration. No livestock animal trucker may operate a livestock an animal transport vehicle unless the livestock animal transport vehicle is registered with the department in the name of the livestock animal trucker. The livestock animal transport vehicle shall be registered on a form provided by the department. The registration shall include a description and the serial number of the livestock animal transport vehicle.

SB307, s. 209 Section 209. 95.71 (5) (a) of the statutes is amended to read:

SB307,51,14 95.71 (5) (a) Unless the department specifies different fees by rule, an applicant for a livestock an animal trucker license shall pay a fee in an amount equal to $20 plus $5 for each livestock animal transport vehicle registered with the applicant's license application under sub. (3).

SB307, s. 210 Section 210. 95.71 (5) (b) of the statutes is amended to read:

SB307,51,20 95.71 (5) (b) If during any license year a livestock an animal trucker registers a livestock an animal transport vehicle that was not registered with the livestock animal trucker's annual license application under sub. (3), the livestock animal trucker shall, at the time of the additional registration, pay a registration fee of $5 for each livestock animal transport vehicle registered.

SB307, s. 211 Section 211. 95.71 (6) (a) (intro.) of the statutes is amended to read:

SB307,51,25 95.71 (6) (a) (intro.) An applicant for a livestock an animal trucker license shall pay a license fee surcharge of $100 if the department determines that within 365 days prior to submitting the license application the applicant did any of the following:

SB307, s. 212 Section 212. 95.71 (6) (a) 1. of the statutes is amended to read:

SB307,52,3 95.71 (6) (a) 1. Operated as a livestock an animal trucker without a license in violation of sub. (2).

SB307, s. 213 Section 213. 95.71 (6) (a) 1m. of the statutes is created to read:

SB307,52,6 95.71 (6) (a) 1m. Operated as a livestock trucker, as defined in s. 95.71 (1) (e), 1999 stats., without a license in violation of s. 95.71 (2), 1999 stats.

SB307, s. 214 Section 214. 95.71 (6) (a) 2. of the statutes is amended to read:

SB307,52,9 95.71 (6) (a) 2. Operated an unregistered livestock animal transport vehicle in violation of sub. (4).

SB307, s. 215 Section 215. 95.71 (6) (a) 2m. of the statutes is created to read:

SB307,52,12 95.71 (6) (a) 2m. Operated an unregistered livestock vehicle, as defined in s. 95.71 (1) (g), 1999 stats., in violation of s. 95.71 (4), 1999 stats.

SB307, s. 216 Section 216. 95.71 (6) (b) of the statutes is amended to read:

SB307,52,16 95.71 (6) (b) In addition to the surcharge under par. (a), an applicant for a license under sub. (2) shall pay the fees due for the year in which the applicant was in violation of sub. (2) or (4).

SB307, s. 217 Section 217. 95.71 (6) (c) of the statutes is amended to read:

SB307,52,21 95.71 (6) (c) The payment of the surcharge and fees under this subsection does not relieve the applicant of other civil or criminal liability that may result from the failure to obtain a license or to register a livestock vehicle but does not constitute evidence of a violation of a law.

SB307, s. 218 Section 218. 95.71 (8) of the statutes is amended to read:

SB307,53,4 95.71 (8) Rules. The department may promulgate rules to specify license fees under sub. (5) or to regulate livestock animal truckers, including rules related to livestock animal trucker qualifications, construction and maintenance of livestock animal transport vehicles, identification of livestock animal transport vehicles, disease sanitation, humane treatment of animals, identification of animals, record keeping, reports to the department and compliance with applicable financial security requirements under state or federal law.

SB307, s. 219 Section 219. 95.72 (7) (a) of the statutes is amended to read:

SB307,53,16 95.72 (7) (a) License requirement. No person may transport dead animals on public highways in this state without a license issued under this section. A licensee may not transport dead animals under conditions not authorized by the license. This paragraph does not apply to persons exempt from obtaining a license under this section, a farmer transporting dead animals raised on his or her farm, the transportation of hides or fully rendered or processed dead animal products, the transportation of dead animals by government agencies or private agencies engaged in scientific research, persons transporting dead animals for destruction or burial, or livestock animal truckers transporting animals which have died in transit if the dead animals are transported directly to a licensed renderer, animal food processor or collector.

SB307, s. 220 Section 220. 97.42 (1) (dm) of the statutes is amended to read:

SB307,53,19 97.42 (1) (dm) "Farm-raised deer" has the meaning given in s. 95.001 (1) (a) (ag).

SB307, s. 221 Section 221. 97.44 (3) of the statutes is amended to read:

SB307,53,23 97.44 (3) As used in this section, "animals" means cattle, sheep, goats, swine, equines, farm-raised deer, as defined in s. 95.001 (1) (a) (ag), and poultry, except in the phrase "animal feed manufacturers".

SB307, s. 222 Section 222. 100.04 (1) of the statutes is amended to read:

SB307,54,2 100.04 (1) Definition. In this section, "livestock" means swine, cattle, poultry, sheep, goats or farm-raised deer, as defined in s. 95.001 (1) (a) (ag).

SB307, s. 223 Section 223. 167.31 (4) (b) of the statutes is amended to read:

SB307,54,7 167.31 (4) (b) Subsections (2) (a), (b) and (c) and (3) (a) and (b) do not apply to the holder of a scientific research license under s. 169.25 or a scientific collector permit under s. 29.614 who is using a net gun or tranquilizer gun in an activity related to the purpose for which the license or permit was issued.

SB307, s. 224 Section 224. Chapter 169 of the statutes is created to read:

SB307,54,10 Chapter 169 Captive wildlife

SB307,54,11 169.01 Definitions. In this chapter:

SB307,54,16 (1) "Animal" means any mammal, bird, reptile, amphibian, mollusk, or arthropod or any egg of any bird, reptile, amphibian, mollusk, or arthropod except that "animal" does not include any mollusk or arthropod, or any egg of any mollusk or arthropod, if the mollusk or arthropod is regulated under s. 93.07 (12) or (13), 94.01, 94.02, 94.03, or 94.76.

SB307,54,17 (2) "Captive" means any of the following:

SB307,54,18 (a) Restrained by a cage, pen, fence, or other enclosure.

SB307,54,20 (b) Restrained by physical alterations that limit movement or facilitate capture.

SB307,54,21 (c) Restrained by a leash or a tether or otherwise tied.

SB307,54,23 (d) Held in a controlled environment that is designed to prevent the departure from the controlled environment.

SB307,54,25 (3) "Carcass" means the dead body of any wild animal including the head, hair, skin, plumage, skeleton, meat, or any other part thereof.

SB307,55,3 (4) "Circus" means a scheduled event staged by a traveling company with mobile facilities in which entertainment consisting of a variety of performances by acrobats, clowns, or trained animals is the primary attraction or principal business.

SB307,55,4 (5) "Conservation warden" means a warden appointed under s. 23.10.

SB307,55,5 (6) "Department" means the department of natural resources.

SB307,55,8 (7) "Domestic animal" means a farm-raised deer, a pet bird, a farm-raised game bird, or an animal that is listed as a domestic animal by rule by the department of agriculture, trade and consumer protection.

SB307,55,9 (8) "Dressed fur" has the meaning given in s. 29.501 (1) (a).

SB307,55,13 (9) "Endangered or threatened species" means those species of wild animals that are indigenous to the United States or Canada and are identified on the federal list of endangered and threatened species or on the Wisconsin list of endangered and threatened species.

SB307,55,15 (11) "Exhibit" means to display for the purpose of public viewing, regardless of whether a fee is charged.

SB307,55,16 (12) "Farm-raised deer" has the meaning given in 95.001 (1) (ag).

SB307,55,19 (12m) "Farm-raised game bird" means a bird of a wild nature that is not native that is held captive, but that is not possessed under the authority of a license issued under s. 169.15, 169.19, 169.20, or 169.21.

SB307,55,20 (13) "Free-roaming" means not captive.

SB307,55,23 (14) "Fur-bearing wild animal" includes badger, beaver, bobcat, coyote, fisher, red fox, gray fox, lynx, marten, mink, muskrat, opossum, otter, raccoon, skunk, weasel, and wolf.

SB307,56,2 (15) "Harm to the environment" includes adversely affecting the natural population dynamics of wild animals or wild plants, adversely affecting the habitat of wild animals or wild plants, or displacing wild animals or wild plants from any part of their habitat.

SB307,56,4 (15m) "Harmful wild animal" means a wild animal designated under s. 169.11 (1) (a).

SB307,56,5 (16) "Humane officer" means an officer appointed under s. 173.03.

SB307,56,8 (18) "Introduce" means to release for the purpose of allowing the animal to establish a population in an area in the wild where that species of animal is not naturally present at the time the wild animal is released.

SB307,56,10 (19) "Law enforcement officer" has the meaning given in s. 165.85 (2) (c) and does not include a conservation warden.

SB307,56,11 (20) "License year" means the year during which a license is valid.

SB307,56,13 (20m) "Migratory bird" means a bird of a species on the list in 50 CFR 10.13 that is promulgated under 16 USC 701 to 715s.

SB307,56,14 (21) "Municipality" means a city, village, or town.

SB307,56,16 (22) "Native" means indigenous and occurring or having occurred naturally within the boundaries of this state.

SB307,56,17 (23) "Nonnative wild animal" means a wild animal that is not native.

SB307,56,18 (24) "Nonresident" means a person who is not a resident of this state.

SB307,56,20 (25) "Person" means any individual, partnership, firm, joint stock company, corporation, association, trust, estate, or other legal entity.

SB307,56,23 (25m) "Pet bird" means a bird that is either a psittacine or a soft bill and that is not native, not identified on the federal list of endangered and threatened species, and not a migratory bird.

SB307,56,24 (26) "Possess" means to own, control, restrain, transport, or keep.

SB307,57,2 (27) "Propagate" means to breed, encourage, or facilitate for the purpose of generating offspring.

SB307,57,5 (28) "Public zoo or aquarium" means a zoo or aquarium that is operated by the state or by a city, village, or county or that is an accredited member of the American Zoo and Aquarium Association.

SB307,57,7 (29) "Purchase" means to acquire through a sale or through an exchange for consideration.

SB307,57,8 (30) "Raw fur" has the meaning given in s. 29.501 (1) (e).

SB307,57,10 (30m) "Rehabilitate" means to provide care or treatment to an orphaned, sick, or injured wild animal for the purpose of releasing it back into the wild.

SB307,57,11 (31) "Sell" means to transfer or exchange for consideration.

SB307,57,12 (32) "State resident" has the meaning given "resident" in s. 27.01 (10) (a).

SB307,57,14 (33) "Stock" means to release for the purpose of increasing or maintaining a population of the animal.

SB307,57,15 (34) "Take" means to capture, but does not include killing.

SB307,57,16 (35) "Veterinarian" means either of the following:

SB307,57,19 (a) A veterinarian who is licensed in this state to practice veterinary medicine under ch. 453 and who is certified under rules promulgated by the department of agriculture, trade and consumer protection.

SB307,57,21 (b) A veterinarian who is licensed by another state to practice veterinary medicine and who is accredited under 9 CFR ch. I subch. J.