Amendment SSA1-SB356

SENATE SUBSTITUTE AMENDMENT 1, To 1995 SENATE BILL 356

October 3, 1995 - Offered by Committee on Transportation, Agriculture and Local Affairs.

SB356-SSA1,2,2 An Act to repeal 29.092 (9) (hg), 29.092 (9) (hr), 29.093 (9) (gm), 29.093 (9) (gr), 29.58, 29.581, 95.25 (5m) and 97.42 (1) (cm); to renumber 95.001 (1) (a); to renumber and amend 93.07 (10); to amend 20.115 (2) (ha), 29.02 (3m), 29.03 (8), 29.05 (5), 29.05 (6), 29.05 (6m), 29.05 (8) (b), 29.06 (1), 29.06 (2), 29.06 (3), 29.40 (6), 29.42 (4), 29.425 (4m), 29.427 (6), 29.43 (5) (b), 29.44 (3), 29.45 (6), 29.48 (1m), 29.49 (1) (a) (intro.), 29.574 (1m), 29.578 (1m), 29.583 (1), 29.585 (2) (a), 29.59 (1) (f), 29.598 (1), 29.645, 29.99 (15), 95.25 (1) and (2), 95.30, 95.31 (3), 95.33, 95.40 (title) and (1), 95.41 (2), 95.42, 95.68 (1) (d), 95.80 (1) (b), 97.42 (1) (a), 97.42 (3) (em), 97.42 (4) (em), 97.42 (5) (b), 97.44 (3), 174.001 (3), 895.57 (3) and 943.75 (3); and to create 29.01 (2r), 29.49 (3), 29.55 (2m), 29.583 (3), 29.586 (4), 90.20, 93.07 (10) (a), 95.001 (1) (a), 95.25 (2m), 95.25 (4m), 95.55 and 97.42 (1) (dm) of the statutes; relating to: the exemption of certain farm-raised deer and venison from regulation by the department of natural resources, fencing of farm-raised deer, liability for damages caused by dogs, licensing of establishments that slaughter certain deer, the duties and authority of the department of agriculture, trade and consumer protection concerning domestic animals, animal health and farm-raised deer, granting rule-making authority and making an appropriation.

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

SB356-SSA1, s. 1 Section 1. 20.115 (2) (ha) of the statutes is amended to read:

SB356-SSA1,2,6 20.115 (2) (ha) Inspection, testing and enforcement. All moneys received under ss. 93.06 (1f) and (1g), 95.55, 95.68, 95.69, 95.71 and 95.715, to be used for animal health inspection and testing and for enforcement of animal health laws.

SB356-SSA1, s. 2 Section 2. 29.01 (2r) of the statutes is created to read:

SB356-SSA1,2,8 29.01 (2r) "Farm-raised deer" has the meaning given in s. 95.001 (1) (a).

SB356-SSA1, s. 3 Section 3. 29.02 (3m) of the statutes is amended to read:

SB356-SSA1,2,12 29.02 (3m) This section does not permit the seizure by the department, or prohibit the possession or sale, of commercially raised farm-raised deer, as defined in s. 95.25 (5m), that are kept in compliance with this chapter.

SB356-SSA1, s. 4 Section 4. 29.03 (8) of the statutes is amended to read:

SB356-SSA1,2,15 29.03 (8) Any dog found running deer, except farm-raised deer, at any time, or used in violation of this chapter.

SB356-SSA1, s. 5 Section 5. 29.05 (5) of the statutes is amended to read:

SB356-SSA1,2,23 29.05 (5) Opening packages. The department and its wardens may examine and open any package in the possession of a common carrier which they have probable cause to believe contains contraband wild animals in violation of this chapter, or carcasses or parts thereof, or is falsely labeled in violation of this chapter; and every such common carrier, and every agent, servant, or employe thereof, shall permit any such officer to examine and open any such package. Any package so opened shall be restored to its original condition.

SB356-SSA1, s. 6 Section 6. 29.05 (6) of the statutes is amended to read:

SB356-SSA1,3,9 29.05 (6) Access to storage places. They For purposes of enforcing this chapter, the department and its wardens shall be permitted by the owner or occupant of any cold storage warehouse or building used for the storage or retention of wild animals, or carcasses or parts thereof, to enter and examine said premises subject to ss. 66.122 and 66.123; and the owner or occupant, or the agent, servant, or employe of the owner, shall deliver to any such officer any wild animal, or carcass or part thereof, in his or her possession during the closed season therefor, whether taken within or without the state.

SB356-SSA1, s. 7 Section 7. 29.05 (6m) of the statutes is amended to read:

SB356-SSA1,3,15 29.05 (6m) Access to private land. Agents of For purposes of enforcing this chapter, the department may, after making reasonable efforts to notify the owner or occupant, enter upon private lands to retrieve, diagnose or otherwise determine if there are dead or diseased wild animals upon those lands, and take actions reasonably necessary to prevent the spread of contagious disease in the wild animals.

SB356-SSA1, s. 8 Section 8. 29.05 (8) (b) of the statutes is amended to read:

SB356-SSA1,3,24 29.05 (8) (b) Any perishable property seized by the department or its wardens may be sold at the highest available price, and the proceeds of the sale turned into court to await disposition of the proceeds as the court directs. A conservation warden or other officers charged with the enforcement of the laws dealing with the conservation of the natural resources of the state may kill a dog found running, injuring, causing injury to, or killing any deer, other than farm-raised deer, or destroying game birds, their eggs or nests, if immediate action is necessary to protect the deer or game birds, their nests or eggs, from injury or death.

SB356-SSA1, s. 9 Section 9. 29.06 (1) of the statutes is amended to read:

SB356-SSA1,5,14 29.06 (1) All confiscated wild animals, or carcasses or parts thereof, that are confiscated by the department and all confiscated apparatus, appliances, equipment, vehicles or devices shall, if not destroyed as authorized by law, be sold at the highest price obtainable, by the department or its wardens, or by an agent on commission under the written authority and supervision of the department. The net proceeds of such the sales, after deducting the expense of seizure and sale and any such commissions, shall be promptly remitted by the warden by whom or under whose authority and supervision the sales are made, to the department; the remittance to be accompanied by a complete and certified report of such the sales, supported by proper vouchers covering all deductions made for expenses and commissions, to be filed with the department. Of the remittance from such the sales of confiscated apparatus, appliances, equipment, vehicles or devices, 18% shall be paid into the conservation fund to reimburse it for expenses incurred in seizure and sale, and the remaining 82% shall be paid into the common school fund. In the case of the proceeds from the sale of a confiscated motor vehicle if the holder of a security interest perfected by filing with such the motor vehicle as security, satisfies (and the burden of proof shall be upon the holder of a security interest) proves to the court, or after judgment of confiscation, to the department, that the violation that led to such the confiscation was not with his or her knowledge, consent or connivance or with that of some person employed or trusted by the holder of a security interest, there shall also be deducted the amount due under the security agreement from the proceeds of such the sale and the amount due shall be paid to the one entitled; in case a sufficient amount does not remain for such purpose after the other deductions then the amount remaining shall be paid. The department shall make a reasonable effort within 10 days after seizure to ascertain if a security interest in the seized motor vehicle exists, and shall within 10 days after obtaining actual or constructive notice of such any security interest give the secured party notice of the time and place when there is to be any proceeding before the court or the judge pertaining to such the confiscation and shall also give such the secured party at least 10 days' notice of the time and place of sale. Constructive notice shall be limited to security interests perfected by filing. In all such cases the time of sale of the confiscated motor vehicle shall be within 20 days after judgment of confiscation provided in s. 29.05 (8). The provisions of s. 973.075 (1) (b) 1. to 3. and (5) apply to vehicles other than motor vehicles under this subsection. This subsection shall not apply to a deer killed, or so injured that it must be killed, by a collision with a motor vehicle on a highway. Such deer carcass shall be released free of charge to the motor vehicle operator under s. 29.40 (5) by the department or its agent, but shall be retained by the department or its agent if the motor vehicle operator declines to accept the carcass. For purposes of this subsection, "deer" does not include farm-raised deer.

SB356-SSA1, s. 10 Section 10. 29.06 (2) of the statutes is amended to read:

SB356-SSA1,5,22 29.06 (2) On any such sales under this section of wild animals, or carcasses or parts thereof, the warden or agent selling them shall issue to each purchaser a certificate, on forms to be prepared and furnished by the department, covering such sales. The wild animals, or carcasses or parts thereof, so purchased shall be consumed or otherwise disposed of by the purchaser within a period to be set by the department, but shall not be resold, bartered, or exchanged, in whole or in part, to any other person, except as provided in sub. (3).

SB356-SSA1, s. 11 Section 11. 29.06 (3) of the statutes is amended to read:

SB356-SSA1,6,5 29.06 (3) Confiscated fish or game sold under this section to the keeper, manager, or steward of any restaurant, club, hotel, or boarding house may be served to the guests thereof; but in such case the certificate covering the purchase shall be hung in public view in the place where the fish or game is served, and such fish or game shall at the time of sale be tagged by the warden or agent selling it, such tag to show the date of sale and be returned to said warden or agent within 5 days thereafter.

SB356-SSA1, s. 12 Section 12. 29.092 (9) (hg) of the statutes is repealed.

SB356-SSA1, s. 13 Section 13. 29.092 (9) (hr) of the statutes is repealed.

SB356-SSA1, s. 14 Section 14. 29.093 (9) (gm) of the statutes is repealed.

SB356-SSA1, s. 15 Section 15. 29.093 (9) (gr) of the statutes is repealed.

SB356-SSA1, s. 16 Section 16. 29.40 (6) of the statutes is amended to read:

SB356-SSA1,6,12 29.40 (6) (title) Commercially raised Farm-raised deer. This section does not apply to commercially raised farm-raised deer, as defined in s. 95.25 (5m).

SB356-SSA1, s. 17 Section 17. 29.42 (4) of the statutes is amended to read:

SB356-SSA1,6,17 29.42 (4) (title) Commercially raised Farm-raised deer. This section does not permit the seizure by the department, or prohibit the possession or sale, of commercially raised farm-raised deer, as defined in s. 95.25 (5m), that are kept in compliance with this chapter.

SB356-SSA1, s. 18 Section 18. 29.425 (4m) of the statutes is amended to read:

SB356-SSA1,6,20 29.425 (4m) Applicability. This section does not apply to commercially raised farm-raised deer, as defined in s. 95.25 (5m).

SB356-SSA1, s. 19 Section 19. 29.427 (6) of the statutes is amended to read:

SB356-SSA1,6,25 29.427 (6) Destruction. A person may kill at any time a wild skunk which is a nuisance to activities authorized under s. 29.55, 29.572, 29.574, 29.575, 29.578, 29.58 or 29.585. A person who kills an adult wild skunk with young shall attempt to kill the young skunks.

SB356-SSA1, s. 20 Section 20. 29.43 (5) (b) of the statutes is amended to read:

SB356-SSA1,7,4 29.43 (5) (b) Subsections (1) to (4) do not apply to the possession, transportation, delivery or receipt of commercially raised farm-raised deer, as defined in s. 95.25 (5m).

SB356-SSA1, s. 21 Section 21. 29.44 (3) of the statutes is amended to read:

SB356-SSA1,7,8 29.44 (3) Subsection (1) does not apply to the possession, transportation, delivery or receipt of commercially raised farm-raised deer, as defined in s. 95.25 (5m).

SB356-SSA1, s. 22 Section 22. 29.45 (6) of the statutes is amended to read:

SB356-SSA1,7,11 29.45 (6) This section does not apply to the transportation of commercially raised farm-raised deer, as defined in s. 95.25 (5m).

SB356-SSA1, s. 23 Section 23. 29.48 (1m) of the statutes is amended to read:

SB356-SSA1,7,14 29.48 (1m) Subsection (1) does not apply to commercially raised farm-raised deer, as defined in s. 95.25 (5m).

SB356-SSA1, s. 24 Section 24. 29.49 (1) (a) (intro.) of the statutes is amended to read:

SB356-SSA1,7,19 29.49 (1) (a) (intro.) Except as provided in ss. s. 29.52 and 29.581, no innkeeper, manager or steward of any restaurant, club, hotel, boarding house, tavern, logging camp or mining camp may sell, barter, serve or give, or cause to be sold, bartered, served or given to the guests or boarders thereof:

SB356-SSA1, s. 25 Section 25. 29.49 (3) of the statutes is created to read:

SB356-SSA1,7,22 29.49 (3) Exemption. This section does not apply to the meat from farm-raised deer.

SB356-SSA1, s. 26 Section 26. 29.55 (2m) of the statutes is created to read:

SB356-SSA1,7,24 29.55 (2m) Subsections (1) and (2) do not apply to farm-raised deer.

SB356-SSA1, s. 27 Section 27. 29.574 (1m) of the statutes is amended to read:

SB356-SSA1,8,2 29.574 (1m) This section does not apply to commercially raised farm-raised deer, as defined in s. 95.25 (5m).

SB356-SSA1, s. 28 Section 28. 29.578 (1m) of the statutes is amended to read:

SB356-SSA1,8,6 29.578 (1m) This section does not apply to commercially raised deer, as defined in s. 95.25 (5m), or to commercial deer farms licensed under s. 29.58 of the genus dama, cervus or rangifer.

SB356-SSA1, s. 29 Section 29. 29.58 of the statutes is repealed.

SB356-SSA1, s. 30 Section 30. 29.581 of the statutes is repealed.

SB356-SSA1, s. 31 Section 31. 29.583 (1) of the statutes is amended to read:

SB356-SSA1,8,13 29.583 (1) The department may seize and dispose of or may authorize the disposal of any deer that has escaped from land licensed under s. 29.574, or 29.578 or 29.58 if the licensee has not had the deer returned to the land within 72 hours of the discovery of the escape.

SB356-SSA1, s. 32 Section 32. 29.583 (3) of the statutes is created to read:

SB356-SSA1,8,15 29.583 (3) This section does not apply to farm-raised deer.

SB356-SSA1, s. 33 Section 33. 29.585 (2) (a) of the statutes is amended to read:

SB356-SSA1,8,21 29.585 (2) (a) The term In this section, "wild animal" as used in this section means any mammal, fish or bird of a wild nature as distinguished from domestic animals under the common law or under the Wisconsin statutes whether or not the mammal, fish or bird was bred or reared in captivity, but does not include deer of the genus dama, cervus or rangifer.

SB356-SSA1, s. 34 Section 34. 29.586 (4) of the statutes is created to read:

SB356-SSA1,8,23 29.586 (4) This section does not apply to farm-raised deer.

SB356-SSA1, s. 35 Section 35. 29.59 (1) (f) of the statutes is amended to read:

SB356-SSA1,9,2 29.59 (1) (f) Notwithstanding s. 29.01 (14), "wild animal" means any undomesticated mammal or bird, but does not include farm-raised deer.

SB356-SSA1, s. 36 Section 36. 29.598 (1) of the statutes is amended to read:

SB356-SSA1,9,7 29.598 (1) Definition. As used in In this section, "wildlife damage" means damage caused by wild deer that live in the wild, bear or geese to commercial seedings or crops on agricultural land, to orchard trees or nursery stock or to apiaries or livestock.

SB356-SSA1, s. 37 Section 37. 29.645 of the statutes is amended to read:

SB356-SSA1,9,12 29.645 Larceny of game. A person who, without permission of the owner, molests, disturbs or appropriates any wild animal or its carcass that has been lawfully reduced to possession by another shall forfeit not less than $1,000 nor more than $2,000. This section does not apply to farm-raised deer.

SB356-SSA1, s. 38 Section 38. 29.99 (15) of the statutes is amended to read:

SB356-SSA1,9,22 29.99 (15) In any prosecution under this section it is not necessary for the state to allege or prove that the animals were not commercially raised farm-raised deer or domesticated animals; that they were not taken for scientific purposes, or that they were taken or in possession or under control without a required approval. The person claiming that these animals were commercially raised farm-raised deer or domesticated animals, that they were taken for scientific purposes or that they were taken or in possession or under control under the required approval, has the burden of proving these facts. In this subsection, "commercially raised deer" has the meaning given in s. 95.25 (5m).

SB356-SSA1, s. 39 Section 39. 90.20 of the statutes is created to read:

SB356-SSA1,9,25 90.20 Fencing of farm-raised deer. Any person who keeps farm-raised deer, as defined in s. 95.001 (1) (a), shall keep the farm-raised deer enclosed by a fence not less than 7 feet 10 inches high, except that animals of the genus rangifer shall be kept enclosed by a fence not less than 5 feet high.

SB356-SSA1, s. 40 Section 40. 93.07 (10) of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 93.07 (10) (b) and amended to read:

SB356-SSA1,10,13 93.07 (10) (b) To protect the health of domestic animals of the state; to determine and employ the most efficient and practical means for the prevention, suppression, control and eradication of communicable diseases among domestic animals, and for these purposes it may establish, maintain, enforce and regulate such quarantine and such other measures relating to the importation, movement and care of animals and their products, the disinfection of suspected localities and articles, and the disposition of animals, as the department may deem necessary. The definition of "communicable disease" in s. 990.01 (5g) does not apply to this subsection paragraph.

SB356-SSA1, s. 41 Section 41. 93.07 (10) (a) of the statutes is created to read:

SB356-SSA1,10,16 93.07 (10) (a) In this subsection, "domestic animals" includes farm-raised deer, as defined in s. 95.001 (1) (a).

SB356-SSA1, s. 42 Section 42. 95.001 (1) (a) of the statutes is renumbered 95.001 (1) (am).

SB356-SSA1, s. 43 Section 43. 95.001 (1) (a) of the statutes is created to read:

SB356-SSA1,10,22 95.001 (1) (a) "Farm-raised deer" means an animal that is a member of the family cervidae and of the genus dama, the genus rangifer or the genus cervus, except for an elk that is present in the wild and that does not have an ear tag or other mark identifying it as being raised on a farm.

SB356-SSA1, s. 44 Section 44. 95.25 (1) and (2) of the statutes are amended to read:

SB356-SSA1,11,6 95.25 (1) In order to detect and control bovine tuberculosis the department may test for tuberculosis those cattle where indication of possible infection is disclosed by means of the slaughter cattle identification program and any other cattle or herds farm-raised deer the department has reason to believe may be infected or exposed or deems considers necessary to test for any other reason. Tuberculosis tests authorized by the department shall be made at such times and in such manner as the department determines, in the light of the latest and best scientific and practical knowledge and experience.

SB356-SSA1,11,14 (2) Upon reasonable notice, the department, its authorized agents and all inspectors and persons appointed or authorized to assist in the work of applying the tuberculin test, may enter any buildings or inclosures where cattle or farm-raised deer are, for the purpose of making inspection and applying the tuberculin test, and any person who interferes therewith or obstructs them in their work or attempts to obstruct or prevent by force the inspection and the testing (in addition to the penalty prescribed therefor) shall be liable for all damages caused thereby to the state or to any person lawfully engaged in the work of inspection and testing.