LRB-1224/1
EHS:amn
2021 - 2022 LEGISLATURE
February 5, 2021 - Introduced by Senators Petrowski, Bewley, Cowles and
Marklein, cosponsored by Representatives Edming, Armstrong, Callahan,
Krug, Milroy, Moses, Mursau, Plumer, Rozar, Skowronski, Spiros, Tauchen
and VanderMeer. Referred to Committee on Sporting Heritage, Small
Business and Rural Issues.
SB63,1,10
1An Act to repeal 29.889 (2) (c), 29.889 (2) (d), 29.889 (3), 29.889 (4) (a), 29.889
2(6) (a), 29.889 (7) (b) 4., 29.889 (7) (bm) and 29.89 (3) (a);
to renumber 29.889
3(7m) (ar) 1. and 2.;
to consolidate, renumber and amend 29.889 (5) (b) and
4(c);
to amend 20.370 (5) (fq), 29.889 (2) (a), 29.889 (4) (b), 29.889 (4) (c), 29.889
5(5) (a), 29.889 (5) (bm), 29.889 (5) (bs), 29.889 (6) (d), 29.889 (6) (em), 29.889 (6)
6(f), 29.889 (7) (a), 29.889 (7) (b) (intro.), 29.889 (7) (b) 2., 29.889 (7) (b) 3., 29.889
7(7) (d) 2., 29.889 (7m) (a), 29.889 (7m) (ar) (intro.), 29.889 (8g), 29.889 (8r) and
829.89 (5) (b) 2. c.; and
to create 29.889 (5) (d) and 29.889 (7m) (ar) 2m. of the
9statutes;
relating to: the wildlife damage abatement program and the wildlife
10damage claim program.
Analysis by the Legislative Reference Bureau
This bill makes changes to the wildlife damage abatement program and the
wildlife damage claim program.
Current law authorizes a person who owns, leases, or controls land on which
certain wild animals cause damage to crops or livestock (wildlife damage) to apply
to the county for wildlife damage claim payments and for wildlife damage abatement
assistance (wildlife damage payments). Wildlife damage for which a person is
eligible to receive wildlife damage payments includes damage caused by deer, bears,
geese, and cougars, as well as elk and sandhill cranes if hunting those animals is
authorized. Current law requires that, to be eligible for wildlife damage payments,
the location must be in a county that participates in the administration of these
programs. A county must apply to the Department of Natural Resources to
administer these programs, including in its application a plan of administration that
meets certain requirements. Once approved, DNR provides funding to the county for
the costs incurred in administering these programs.
Under current law and DNR rule, a county pays 75 percent of the actual costs
of providing wildlife damage abatement assistance, for which it is reimbursed by
DNR, and the person receiving the assistance pays 25 percent of the costs. DNR pays
wildlife damage claims directly.
Effective January 1, 2022, this bill removes counties from the administration
of these programs and requires DNR to administer the programs instead. The bill
specifies that, if DNR provides wildlife damage abatement assistance to a person, it
must determine the actual cost of providing that assistance and pay 75 percent of
that cost, leaving the remaining 25 percent as the responsibility of the recipient. The
bill eliminates a $10,000 limit under current law on the total amount that may be
paid to a claimant for each damage claim. The bill maintains the current law
requirement that DNR pay claimants on a prorated basis if there is not a sufficient
amount appropriated to pay all claims.
The bill also eliminates the requirement under current law that a county
participate in the administration of these programs in order to be eligible for
reimbursement by DNR for the costs that the county incurs in processing and
donating venison from certain deer carcasses and in processing and donating meat
from certain wild turkey carcasses.
Under current law, the type of wildlife damage that is eligible for wildlife
damage claim payments is limited to damage to commercial seedings or crops
growing on agricultural land, damage to crops that have been harvested for sale or
further use but that have not been removed from the agricultural land, damage to
orchard trees or nursery stock, and damage to apiaries or livestock. This bill adds
that damage to commercial seedings or crops growing on agricultural land caused by
operating a vehicle in a field in order to place a bear trap under the wildlife damage
abatement program is eligible for a wildlife damage claim payment.
Under current law, if the amount of a wildlife damage claim exceeds $500 but
does not exceed $5,250, the claimant is paid 100 percent of the amount, and if the
amount of the claim exceeds $5,250, the claimant is paid that amount plus 80 percent
of the amount that exceeds $5,250. This bill increases the wildlife damage claim
amount threshold from $5,250 to $5,500.
Under current law, with certain exceptions, a person may receive wildlife
damage payments only if the person opens the land for hunting the type of animal
that caused the wildlife damage. Under this bill, this hunting requirement does not
apply to a person who receives wildlife damage abatement assistance to acquire a
bear trap for land the person leases if the person waives any eligibility to receive a
wildlife damage claim payment for damage caused by bears.
Under the bill, effective June 30, 2021, DNR must require all bear traps
acquired with wildlife damage abatement assistance to be equipped with remote
monitors, including traps placed under the program prior to the effective date of the
bill.
For further information see the state and local 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:
SB63,1
1Section
1. 20.370 (5) (fq) of the statutes is amended to read:
SB63,3,72
20.370
(5) (fq)
Wildlife damage claims and abatement. All moneys received
3under ss. 29.181, 29.559 (1r), and 29.563 (13) and not appropriated under par. (fr)
4and subs. (1) (hs), (hx), and (Ls) and (5) (fs)
to provide state aid for the wildlife damage
5abatement program under s. 29.889 (5)
(c)
(b) and the wildlife damage claim program
6under s. 29.889 (7) (d), for
county administration costs under s. 29.889
(2) (d), and
7for payments under s. 29.89.
SB63,2
8Section
2. 29.889 (2) (a) of the statutes is amended to read:
SB63,3,139
29.889
(2) (a)
Assistance Administration. The department shall
assist counties
10in developing develop and
administering administer the wildlife damage abatement
11and wildlife damage claim programs.
The department shall provide this assistance
12through technical aid, program guidance, research, demonstration, funding, plan
13review, audit and evaluation services.
SB63,3
14Section
3. 29.889 (2) (c) of the statutes is repealed.
SB63,4
15Section
4. 29.889 (2) (d) of the statutes is repealed.
SB63,5
16Section
5. 29.889 (3) of the statutes is repealed.
SB63,6
17Section
6. 29.889 (4) (a) of the statutes is repealed.
SB63,7
18Section
7. 29.889 (4) (b) of the statutes is amended to read:
SB63,4,5
129.889
(4) (b)
Filing of application. In order to be eligible for wildlife damage
2abatement assistance, a person is required to file an application with the
3participating county department in a form acceptable to the
county department. An
4owner or lessee of land, a person who controls land
, or an owner of an apiary or
5livestock may file an application.
SB63,8
6Section
8. 29.889 (4) (c) of the statutes is amended to read:
SB63,4,107
29.889
(4) (c)
Other eligibility requirements. In order to be eligible for wildlife
8damage abatement assistance, a person is required to comply with eligibility
9requirements adopted by the department under sub. (2) (b)
and with eligibility
10requirements specified in the plan administration under sub. (3) (c).
SB63,9
11Section
9. 29.889 (5) (a) of the statutes is amended to read:
SB63,4,1412
29.889
(5) (a)
Review. A participating county The department shall review
13each application for wildlife damage abatement assistance to determine if wildlife
14damage is occurring or likely to occur.
SB63,10
15Section
10. 29.889 (5) (b) and (c) of the statutes are consolidated, renumbered
1629.889 (5) (b) and amended to read:
SB63,5,417
29.889
(5) (b)
Assistance. A participating county The department may provide
18wildlife damage assistance where wildlife damage is occurring or is likely to occur
19for the reimbursement of costs associated with wildlife damage abatement measures
20if the measures are authorized in the
plan of administration under sub. (3) (c) 2. (c)
21State aid. The rules adopted by the department under sub. (2) (b) and are carried
22out in full compliance with the direction of the department. If the department
23provides wildlife damage abatement assistance to a person, the department shall
24determine the actual cost of providing that wildlife damage abatement assistance.
25The department shall pay
participating counties 75 percent of the actual cost of
1providing wildlife damage abatement assistance
if wildlife damage abatement
2measures are carried out in full compliance with the direction of the county and with
3funding requirements adopted under sub. (2) (b) and shall require the recipient to
4be responsible for the remaining 25 percent of that cost.
SB63,11
5Section
11. 29.889 (5) (bm) of the statutes is amended to read:
SB63,5,96
29.889
(5) (bm)
Cost-effectiveness of abatement. A participating county
The
7department may recommend only those wildlife damage abatement measures that
8are cost-effective in relation to the wildlife damage claim payments that would be
9paid if the wildlife damage abatement measures are not implemented.
SB63,12
10Section
12. 29.889 (5) (bs) of the statutes is amended to read:
SB63,5,1411
29.889
(5) (bs)
Abatement authorized. Notwithstanding par. (bm), for damage
12caused by elk to crops or grasses grown for use by a bird hunting preserve licensed
13under ch. 169,
a participating county the department may recommend fencing the
14affected property as a damage abatement measure.
SB63,13
15Section
13. 29.889 (5) (d) of the statutes is created to read:
SB63,5,1816
29.889
(5) (d)
Bear traps. The department shall require that any bear trap
17acquired with wildlife damage abatement assistance be equipped with a remote
18monitor.
SB63,14
19Section
14. 29.889 (6) (a) of the statutes is repealed.
SB63,15
20Section
15. 29.889 (6) (d) of the statutes is amended to read:
SB63,5,2521
29.889
(6) (d)
Compliance with wildlife damage abatement measures. In order
22to be eligible for wildlife damage claim payments for an occurrence of wildlife
23damage, a person seeking wildlife damage claim payments shall have complied with
24any wildlife damage abatement measures to abate that wildlife damage that were
25recommended by the
county department.
SB63,16
1Section
16. 29.889 (6) (em) of the statutes is amended to read:
SB63,6,92
29.889
(6) (em)
Type of wildlife damage. The type of wildlife damage that is
3eligible for wildlife damage claim payments shall be limited to damage to commercial
4seedings or crops growing on agricultural land, damage to crops that have been
5harvested for sale or further use but that have not been removed from the
6agricultural land, damage to orchard trees or nursery stock
, or damage to apiaries
7or livestock.
Damage to commercial seedings or crops growing on agricultural land
8caused by operating a vehicle in a field in order to place a bear trap pursuant to the
9wildlife damage abatement program is eligible for wildlife damage claim payment.
SB63,17
10Section
17. 29.889 (6) (f) of the statutes is amended to read:
SB63,6,1411
29.889
(6) (f)
Other eligibility requirements. In order to be eligible for wildlife
12damage claim payments, a person is required to comply with eligibility requirements
13adopted by the department under sub. (2) (b)
and with eligibility requirements
14specified in the plan of administration under sub. (3) (c).
SB63,18
15Section
18. 29.889 (7) (a) of the statutes is amended to read:
SB63,6,1916
29.889
(7) (a)
Investigation. A participating county The department shall
17investigate each statement of claim and determine the total amount of the wildlife
18damage that occurred, regardless of the amount that may be eligible for payment
19under par. (b).
SB63,19
20Section
19. 29.889 (7) (b) (intro.) of the statutes is amended to read:
SB63,6,2321
29.889
(7) (b)
Calculating amount of payment. (intro.) In calculating the
22amount of the wildlife damage claim payment to be paid for a claim under par. (a),
23the
participating county department shall determine the amount as follows:
SB63,20
24Section
20. 29.889 (7) (b) 2. of the statutes is amended to read:
SB63,7,3
129.889
(7) (b) 2. If the amount of claim is more than $500 but not more than
2$5,250 $5,500, the claimant will be paid 100 percent of the amount of the claim that
3exceeds $500.
SB63,21
4Section
21. 29.889 (7) (b) 3. of the statutes is amended to read:
SB63,7,75
29.889
(7) (b) 3. If the amount of the claim is more than
$5,250 $5,500, the
6claimant will be paid the amount calculated under subd. 2., plus 80 percent of the
7amount of the claim that exceeds
$5,250, subject to subd. 4. $5,500.
SB63,22
8Section
22. 29.889 (7) (b) 4. of the statutes is repealed.
SB63,23
9Section
23. 29.889 (7) (bm) of the statutes is repealed.
SB63,24
10Section
24. 29.889 (7) (d) 2. of the statutes is amended to read:
SB63,7,1711
29.889
(7) (d) 2. The department shall pay claimants under subd. 1. from the
12appropriation under s. 20.370 (5) (fq) after first deducting from s. 20.370 (5) (fq)
13payments made for county administrative costs
under sub. (2) (d) and payments
14made for wildlife damage abatement assistance under sub. (5)
(c) (b). If the amount
15remaining after these deductions from the appropriation under s. 20.370 (5) (fq) are
16not sufficient to pay the full amount required under subd. 1., the department shall
17pay claimants on a prorated basis.
SB63,25
18Section
25. 29.889 (7m) (a) of the statutes is amended to read:
SB63,8,219
29.889
(7m) (a)
Requirements. A person who receives wildlife damage
20abatement assistance or wildlife damage claim payments and any other person who
21owns, leases
, or controls the land where the wildlife damage occurred shall permit
22hunting of the type of wild animals causing the wildlife damage on that land and on
23contiguous land under the same ownership, lease or control, subject to par. (ae). In
24order to satisfy the requirement to permit hunting under this subsection, the land
25shall be open to hunting during the appropriate open season. The
county, with the
1assistance of the department
, shall determine the acreage of land suitable for
2hunting.
SB63,26
3Section
26. 29.889 (7m) (ar) (intro.) of the statutes is amended to read:
SB63,8,54
29.889
(7m) (ar)
Exemption; land not required to be open to hunting. (intro.)
5The requirement under par. (a) does not apply to
a any of the following:
SB63,8,8
61m. A person to whom the department grants a shooting permit for deer
7causing damage that is issued as an abatement measure recommended under this
8section if all of the following apply:
SB63,27
9Section
27. 29.889 (7m) (ar) 1. and 2. of the statutes are renumbered 29.889
10(7m) (ar) 1m. a. and b.
SB63,28
11Section
28. 29.889 (7m) (ar) 2m. of the statutes is created to read:
SB63,8,1312
29.889
(7m) (ar) 2m. A person who acquires a bear trap with wildlife damage
13abatement assistance under this section if all of the following apply:
SB63,8,1414
a. The person leases the land on which the trap is placed.
SB63,8,1615
b. The person waives any eligibility to receive a wildlife damage claim payment
16under sub. (7) for wildlife damage caused by bears.
SB63,29
17Section
29. 29.889 (8g) of the statutes is amended to read:
SB63,8,2118
29.889
(8g) Review. A participating county's The department's determination
19of the amount of wildlife damage, the amount of a wildlife damage claim
, or the
20amount of wildlife damage abatement assistance shall be treated as
a final
decisions 21decision for purposes of review.
SB63,30
22Section
30. 29.889 (8r) of the statutes is amended to read:
SB63,9,223
29.889
(8r) Records; entry to land. (a)
Records. A person receiving wildlife
24damage abatement assistance or wildlife damage claim payments shall retain all
25records as required by the
participating county or the department and make them
1available to the
participating county or the department for inspection at reasonable
2times.
SB63,9,53
(b)
Entry to land. The department
or a participating county may enter and
4inspect, at reasonable times, any land for which a wildlife damage claim has been
5filed or for which wildlife damage abatement measures have been implemented.