Amendment ASA1-AB292

LRBs0167/3

RPN:wlj:pg

2003 - 2004 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 2003 ASSEMBLY BILL 292

October 14, 2003 - Offered by Representatives Seratti, Grothman and Gunderson.

AB292-ASA1,1,10 An Act to amend 29.047 (1m), 29.047 (2) (a), 29.347 (2), 29.347 (2m) (b), 29.347 (3), 29.347 (5) (a), 29.347 (5) (b) (intro.) and 29.357 (5) (b); and to create 20.370 (1) (fq), 23.09 (2) (p), 29.047 (1) (c) 3., 29.063 (3), 29.063 (4), 29.063 (5), 29.347 (6), 29.357 (4m), 29.361 (3m) and 29.506 (5m) of the statutes; relating to: agreements to indemnify persons who process or dispose of carcasses with chronic wasting disease, access to tissue or disease data from wild animals, granting rule-making authority regarding the transportation, possession, control, storage, or disposal of the carcass of a deer or an elk from a chronic wasting disease eradication zone or a state with confirmed chronic wasting disease, and making an appropriation.

Analysis by the Legislative Reference Bureau

Under current law, the Department of Natural Resources (DNR) may manage and provide funding to conduct testing for chronic wasting disease in cervids (deer and elk). DNR also may designate an area as a chronic wasting disease eradication zone and permit hunting in that zone to control the spread of chronic wasting disease.

This bill allows DNR to promulgate rules regulating the transportation, possession, control, storage, and disposal of the carcass of a deer or an elk to control chronic wasting disease. The bill also allows DNR to promulgate rules prohibiting the transportation of the carcass of a deer or an elk from another state or country in which chronic wasting disease has been confirmed in a deer or an elk, except that certain types of meat and antlers, including boned meat, wrapped meat, and finished taxidermy heads, may not be prohibited.

The rules, under the bill, would apply to everyone that may be involved with the deer or elk carcass, including motor vehicle operators who accidently kill a deer or an elk on a highway, and hunters, taxidermists, and transporters.

The bill also allows DNR to enter into agreements with persons who operate landfills, meat processing facilities, or wastewater treatment facilities to indemnify them for damages resulting from disposing of deer or elk with chronic wasting disease.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB292-ASA1, s. 1 Section 1. 20.370 (1) (fq) of the statutes is created to read:

AB292-ASA1,2,3 20.370 (1) (fq) Indemnification agreements. From the general fund, a sum sufficient to provide indemnification under agreements under s. 29.063 (5).

AB292-ASA1, s. 2 Section 2. 23.09 (2) (p) of the statutes is created to read:

AB292-ASA1,2,8 23.09 (2) (p) Disease control. Require any person to provide the department with disease sample tissue or disease sample data derived from a wild animal, as defined in s. 29.001 (90), if the department decides that the tissue or data is needed to determine the existence or extent of a disease in wild animals in this state.

AB292-ASA1, s. 3 Section 3. 29.047 (1) (c) 3. of the statutes is created to read:

AB292-ASA1,2,12 29.047 (1) (c) 3. If the game is a deer or an elk the person transports, possesses, delivers, receives, or controls the carcass of the deer or elk in compliance with rules promulgated by the department.

AB292-ASA1, s. 4 Section 4. 29.047 (1m) of the statutes is amended to read:

AB292-ASA1,3,5 29.047 (1m) Unless prohibited by the laws of an adjoining state or a rule promulgated by the department under s. 29.063 (3) or (4), any person who has lawfully killed a deer or an elk in this state may take the deer or elk or its carcass into the adjoining state and ship the deer or elk or carcass from any point in the adjoining state to any point in this state.

AB292-ASA1, s. 5 Section 5. 29.047 (2) (a) of the statutes is amended to read:

AB292-ASA1,3,10 29.047 (2) (a) A person who has a valid taxidermist permit and who, in compliance with rules promulgated by the department under s. 29.063 (3) or (4), possesses, transports, causes to be transported, delivers or receives, or offers to deliver or receive, a wild animal carcass in connection with his or her business.

AB292-ASA1, s. 6 Section 6. 29.063 (3) of the statutes is created to read:

AB292-ASA1,3,15 29.063 (3) To control chronic wasting disease, the department may promulgate rules regulating the transportation, possession, control, storage, or disposal of the carcass of a deer or an elk in this state, except that the rules may not apply to any of the following:

AB292-ASA1,3,16 (a) Meat that is cut and wrapped, either commercially or privately.

AB292-ASA1,3,18 (b) Quarters or other portions of meat to which no part of the spinal column or head is attached.

AB292-ASA1,3,19 (c) Meat that has been boned.

AB292-ASA1,3,20 (d) Hides with no heads attached.

AB292-ASA1,3,21 (e) Finished taxidermy heads.

AB292-ASA1,3,22 (f) Antlers with no meat or tissue attached.

AB292-ASA1,3,23 (g) Skull plates with antlers attached and with no meat or tissue attached.

AB292-ASA1,3,24 (h) Upper canine teeth.

AB292-ASA1, s. 7 Section 7. 29.063 (4) of the statutes is created to read:

AB292-ASA1,4,4 29.063 (4) The department may promulgate rules prohibiting the transportation of the carcass of a deer or an elk from another state or country in which chronic wasting disease has been confirmed in a deer or an elk, except that the rules may not apply to any of the following:

AB292-ASA1,4,5 (a) Meat that is cut and wrapped, either commercially or privately.

AB292-ASA1,4,7 (b) Quarters or other portions of meat to which no part of the spinal column or head is attached.

AB292-ASA1,4,8 (c) Meat that has been boned.

AB292-ASA1,4,9 (d) Hides with no heads attached.

AB292-ASA1,4,10 (e) Finished taxidermy heads.

AB292-ASA1,4,11 (f) Antlers with no meat or tissue attached.

AB292-ASA1,4,12 (g) Skull plates with antlers attached and with no meat or tissue attached.

AB292-ASA1,4,13 (h) Upper canine teeth.

AB292-ASA1, s. 8 Section 8. 29.063 (5) of the statutes is created to read:

AB292-ASA1,4,15 29.063 (5) (a) In this subsection:

AB292-ASA1,4,17 1. "Landfill" means a solid waste facility, as defined in s. 289.01 (35), for solid waste disposal, as defined in s. 289.01 (34), licensed under s. 289.31.

AB292-ASA1,4,20 2. "Meat processing facility" means a plant or premises where animals are slaughtered for human consumption, or where meat or meat products are processed, but does not include rendering plants.

AB292-ASA1,4,23 3. "Wastewater treatment facility" means a plant or premises used to treat industrial wastewater or domestic wastewater or any combination of industrial wastewater and domestic wastewater and permitted pursuant to ch. 283.

AB292-ASA1,5,4 (b) Subject to par. (c), the department may enter into agreements with persons who operate landfills, meat processing facilities, or wastewater treatment facilities in which this state agrees to indemnify those persons and their employees, officers, and agents against liability for damage to persons, property, or the environment resulting from the processing or disposal of carcasses of cervids that have chronic wasting disease.

AB292-ASA1,5,6 (c) The department may enter into an agreement under par. (b) only if all of the following apply:

AB292-ASA1,5,8 1. The agreement is approved by the governor and the governing body of the landfill, meat processing facility, or wastewater treatment facility.

AB292-ASA1,5,11 2. The agreement specifies a method for determining whether the landfill, meat processing facility, or wastewater treatment facility is liable for damage described in par. (b).

AB292-ASA1,5,14 3. The agreement requires the landfill, meat processing facility, or wastewater treatment facility to notify the department and the attorney general when a claim or lawsuit to which the agreement may apply is filed.