Amendment ASA1-AB100

AB100-ASA1,526,8 29.585 (2) (a) In this section, "wild animal" means any mammal, fish or bird of a wild nature as distinguished from domestic animals under the common law or under the 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 or farm-raised fish.

AB100-ASA1, s. 1139e Section 1139e. 29.59 (1) (f) of the statutes is amended to read:

AB100-ASA1,526,12 29.59 (1) (f) Notwithstanding s. 29.01 (14), "wild animal" means any undomesticated mammal or bird, but does not include farm-raised deer or farm-raised fish.

AB100-ASA1, s. 1139g Section 1139g. 29.59 (5) (a) of the statutes is amended to read:

AB100-ASA1,526,20 29.59 (5) (a) The department may refuse to investigate under sub. (3) (a) if the person making the complaint refuses to participate in any available accept or implement any wildlife damage abatement program administered measures offered by the department under s. 29.598 (4) or refuses to follow other reasonable abatement measures recommended by the department or by the county in which the property is located if the county participates in a wildlife damage abatement program.

AB100-ASA1, s. 1139m Section 1139m. 29.59 (5) (b) of the statutes is amended to read:

AB100-ASA1,527,2 29.59 (5) (b) Before taking action under sub. (3) (b) or (4), the department may require the person making the complaint to participate in accept or implement any available wildlife damage abatement program administered measures offered by the department under s. 29.598 (4) or to follow other reasonable abatement measures recommended by the department.

AB100-ASA1, s. 1139r Section 1139r. 29.598 of the statutes is repealed and recreated to read:

AB100-ASA1,527,7 29.598 Wildlife damage claim and abatement program. (1) Definition. In this section, "wildlife damage" means damage caused to crops on agricultural land, including seedings, orchard trees and nursery stock, to apiaries or to livestock by any of the following noncaptive wild animals:

AB100-ASA1,527,8 (a) Deer.

AB100-ASA1,527,9 (b) Bear.

AB100-ASA1,527,10 (c) Geese.

AB100-ASA1,527,11 (d) Turkey.

AB100-ASA1,527,12 (e) Sandhill crane.

AB100-ASA1,527,13 (f) Coyote.

AB100-ASA1,527,15 (2) Department powers and duties. (a) Administration. The department shall administer the wildlife damage claim and abatement program.

AB100-ASA1,527,19 (b) Rules. To maximize the cost-effectiveness of the wildlife damage claim and abatement program, the department shall promulgate rules to establish eligibility requirements and funding requirements. The department shall also promulgate rules to establish all of the following:

AB100-ASA1,527,21 1. Authorized wildlife damage abatement measures and methods for implementing and paying for these abatement measures.

AB100-ASA1,527,22 2. Claim and application forms and procedures.

AB100-ASA1,527,23 3. Procedures and standards for damage estimates.

AB100-ASA1,527,24 4. A methodology for proration of payments for wildlife damage claims.

AB100-ASA1,527,25 5. Procedures for record keeping, audits and inspections.

AB100-ASA1,528,5 (c) Rules; certification of wildlife damage estimators. The department shall establish and maintain a system for certifying wildlife damage estimators. The department shall establish training requirements and qualifications for wildlife damage estimators and shall provide or certify educational programs for this purpose.

AB100-ASA1,528,8 (3) Wildlife damage claims. (a) Persons eligible. An owner or lessee of land, a person who controls land or an owner of an apiary or livestock may submit a wildlife damage claim.

AB100-ASA1,528,9 (b) Claim requirements. A claimant under par. (a) shall do all of the following:

AB100-ASA1,528,10 1. Submit the claim on a claim form approved by the department.

AB100-ASA1,528,14 2. Obtain from a wildlife damage estimator certified under sub. (2) (c) an estimate of the wildlife damage and a certification as to whether the damaged crops, apiary or livestock were managed in accordance with normal agricultural practices and submit the certification and estimate with the claim form.

AB100-ASA1,528,16 (c) Eligibility requirements. The department shall approve a wildlife damage claim if it finds all of the following:

AB100-ASA1,528,18 1. That the wildlife damage estimator certifies that the crops, apiary or livestock were managed in accordance with normal agricultural practices.

AB100-ASA1,528,20 2. That the form, contents and timing of the claim comply with the requirements of this section and rules promulgated under this section.

AB100-ASA1,528,22 3. That the claim was filed within 14 days after the time that the wildlife damage first occurred.

AB100-ASA1,528,24 4. That the claimant agrees to accept any wildlife damage abatement measures offered by the department under sub. (4) (c).

AB100-ASA1,529,4 (d) Payment of claims. 1. The department shall pay wildlife damage claims based on the amount claimed if the claim meets all of the requirements of par. (c). The amount paid for a wildlife damage claim shall be 80% of the amount claimed and the maximum amount of any claim shall be $25,000.

AB100-ASA1,529,6 2. The department shall pay wildlife damage claims no later than June 1 of the calendar year after the claim is submitted.

AB100-ASA1,529,10 (e) Proration. For a given fiscal year, if the total amount remaining under the appropriation under s. 20.370 (5) (fq) after making the payments required under sub. (4) is insufficient to pay the total amount payable in wildlife damage claims under par. (d), the department shall prorate the payments for the damage claims.

AB100-ASA1,529,13 (4) Wildlife damage abatement. (a) Persons eligible. An owner or lessee of land, a person who controls land or an apiary or livestock owner is eligible for wildlife damage abatement assistance under this subsection.

AB100-ASA1,529,16 (b) Abatement requests. A person who is eligible under par. (a) may request that the department approve wildlife damage abatement measures and may apply for funding for the approved measures.

AB100-ASA1,529,19 (c) Abatement for wildlife damage claims. 1. The department may offer wildlife damage abatement measures to any person who is eligible under par. (a) as a condition for receiving a claim payment under sub. (3).

AB100-ASA1,529,23 2. If a person refuses to accept the wildlife damage abatement measures offered by the department under subd. 1., the person may not receive a claim payment under sub. (3) for the land, apiaries or livestock that would have been subject to the abatement measures.

AB100-ASA1,530,3 (d) Payment. The department may offer or approve only those wildlife damage abatement measures that are cost-effective in relation to the wildlife damage claim payments that would be paid if the wildlife damage abatement measures are not implemented. The department shall provide funding for the entire cost of any wildlife damage abatement measures implemented under this subsection.

AB100-ASA1,530,15 (5) Land required to be open to hunting; penalties. (a) Requirements. A person who receives wildlife damage abatement assistance or wildlife damage claim payments and any other person who owns, leases or controls the land where the wildlife damage occurred shall permit hunting of the wild animals causing the wildlife damage on that land and on contiguous land under the same ownership, lease or control. In order to satisfy the requirement to permit hunting under this subsection, the land shall be open to hunting during the appropriate open season. The department, shall determine the acreage of land suitable for hunting. This subsection does not prohibit a person who owns, leases or occupies land on which wildlife damage occurs and who does not have the authority to control entry on the land for the purposes of hunting from receiving wildlife damage abatement assistance or wildlife damage claim payments.

AB100-ASA1,530,17 (b) Penalties. If any person who is required to permit hunting on land as required under par. (a) fails to do so, the person is liable for all of the following:

AB100-ASA1,530,18 1. Repayment of any money paid for a wildlife damage claim.

AB100-ASA1,530,20 2. Payment of the cost of any abatement funding or measures paid for by the department under this section.

AB100-ASA1,530,23 3. Payment of the costs to the department for reviewing and approving the wildlife damage claim or abatement measure or abatement funding and the costs to the department in investigating the failure to permit hunting on the land.

AB100-ASA1,531,6 (6) Amount of funding. In each fiscal year, the department shall submit to the joint committee on finance a proposal for the amount of funds to be expended under the wildlife damage claim and abatement program. The department may not expend any moneys in any fiscal year for the program until the joint committee on finance has approved the proposal for that fiscal year. The department may request the joint committee on finance to amend the amount of any expenditure approved under this subsection for a fiscal year and the committee may thereafter approve a revised amount for expenditure in that fiscal year.

AB100-ASA1,531,10 (7) Review. The department's determination of the amount of wildlife damage, the amount of a wildlife damage claim or the requirements for and funding of wildlife damage abatement measures shall be treated as final decisions for purposes of review.

AB100-ASA1,531,14 (8) Records; entry to land. (a) Records. A person receiving wildlife damage abatement assistance or wildlife damage claim payments and a wildlife damage estimator shall retain all records as required by the department and make them available to the department for inspection at reasonable times.

AB100-ASA1,531,17 (b) Entry to land. The department may enter and inspect, at reasonable times, any land for which a wildlife damage claim has been submitted or for which wildlife damage abatement measures have been implemented.

AB100-ASA1,531,22 (c) Responsibilities. No person may refuse entry or access to or withhold records from the department under this subsection. No person may obstruct or interfere with an inspection by the department. The department, if requested, shall furnish to the person a report setting forth all of the factual findings by the department that relate to the inspection.

AB100-ASA1,532,4 (9) Audits. The department shall conduct random audits of claims paid and abatement measures offered or approved under this section. The department shall conduct audits of all claims submitted by and payments made under sub. (3) to department employes or wildlife damage estimators certified under sub. (2) (c) and of all abatement measures for the benefit of crops, livestock or apiaries owned or controlled by these employes or damage estimators for which funding was provided under sub. (4).

AB100-ASA1,532,11 (10) Negligence; fraud; penalties. (a) Joint and several liability. For a given claim or request for wildlife damage claim payments or abatement funding under the wildlife damage claim and abatement program, if the person filing the claim or requesting the funding or the wildlife damage estimator negligently makes, or causes to be made, a false statement or representation of a material fact in making the claim or request, the person and the wildlife damage estimator are jointly and severally liable for all of the following:

AB100-ASA1,532,12 1. Repayment of any money paid to the person filing the claim.

AB100-ASA1,532,14 2. Payment of the cost of any abatement funding or measures paid for by the department under this section.

AB100-ASA1,532,18 3. Payment of the costs to the department for reviewing and approving the wildlife damage claim or abatement measure or abatement funding and the costs to the department in investigating and determining whether a false statement or representation was made.

AB100-ASA1,532,21 (b) Fraud. No person may knowingly make or cause to be made any false statement or representation of material fact under the wildlife damage claim and abatement program.

AB100-ASA1,532,23 (c) Fraud; penalties. A court finding a person to be in violation of par. (b) may order any of the following:

AB100-ASA1,532,24 1. That the person make any of the payments under par. (a) 1. to 3.

AB100-ASA1,533,3 2. That the person pay a forfeiture equal to 2 times the total amount of wildlife damage claim payments received and the value of any wildlife abatement measures implemented, plus an amount not to exceed $1,000.

AB100-ASA1,533,6 3. The revocation of the person's privileges or approvals under s. 29.99 (12) if the person violating par. (b) owns, leases or controls land, or owns livestock or apiaries, to which the false statement or representation relates.

AB100-ASA1,533,9 4. That the person be prohibited from receiving any benefits under the wildlife damage claim and abatement program for a period of 10 years commencing after the day that the false statement or representation occurred.

AB100-ASA1,533,12 (d) Penalties; fraud; damage estimators. The department shall revoke the certification under sub. (2) (c) of a wildlife damage estimator whom a court finds to be in violation of par. (b).

AB100-ASA1,533,18 (e) Other liability. Any person who owns, leases or controls land or owns livestock or apiaries for which a benefit was received in violation of par. (b) is not eligible for any benefits under the wildlife damage claim and abatement program for a period of 10 years commencing after the day on which the false statement or representation occurred, regardless of whether the person knew or should have known of the false statement or misrepresentation.

AB100-ASA1,533,21 (11) Annual report. (a) Contents. The department shall prepare an annual report concerning wildlife damage and the wildlife damage claim and abatement program, including a summary of each of the following:

AB100-ASA1,533,22 1. All of the wildlife damage believed to have occurred in the state.

AB100-ASA1,533,23 2. The wildlife damage claims that were submitted under this section.

AB100-ASA1,533,25 3. The wildlife damage abatement measures that were offered or approved under this section.

AB100-ASA1,534,2 4. The percentage of the total number of submitted wildlife damage claims that are rejected for failure to meet the requirements of the program.

AB100-ASA1,534,4 5. The percentage of the total number of wildlife damage claims for which the amount of the payment to the claimant was prorated under sub. (3) (e).

AB100-ASA1,534,9 (b) Submission; distribution. 1. The department shall submit the report under this subsection no later than January 1 of each year for distribution to the appropriate standing committee of the legislature in the manner provided under s. 13.172 (3). Except as provided in subd. 2., the report shall cover the 12-month period ending on the October 31 that immediately precedes the date of the report.

AB100-ASA1,534,11 2. The report that is submitted before January 1, 1999, shall cover the 10-month period ending on October 31, 1998.

AB100-ASA1, s. 1139s Section 1139s. 29.60 (2g) of the statutes is created to read:

AB100-ASA1,534,15 29.60 (2g) Subsections (1) and (2) do not apply to toxicants placed in the waters of a fish farm or a state or municipal fish hatchery that are necessary to the operation of the fish farm or fish hatchery.

AB100-ASA1, s. 1139t Section 1139t. 29.62 (4) of the statutes is created to read:

AB100-ASA1,534,17 29.62 (4) This section does not apply to farm-raised fish.

AB100-ASA1, s. 1139u Section 1139u. 29.623 of the statutes is amended to read:

AB100-ASA1,534,24 29.623 Control of detrimental fish. When the department finds that any species of fish is detrimental to any of the waters of the state it may, by rule, designate such species of fish and specify the waters in which such fish are found to be detrimental. Thereupon the department may remove such fish from the waters specified or cause them to be removed therefrom. This section does not apply to farm-raised fish.

AB100-ASA1, s. 1139v Section 1139v. 29.645 of the statutes is amended to read:

AB100-ASA1,535,4 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 or farm-raised fish.

AB100-ASA1, s. 1139vv Section 1139vv. 29.65 (1) (intro.) of the statutes is amended to read:

AB100-ASA1,535,11 29.65 (1) (intro.) The department may bring a civil action in the name of the state for the recovery of damages against any person unlawfully killing, wounding, catching, taking, trapping, or having unlawfully in possession or possessing in violation of this chapter any of the following named protected wild animals, birds, or fish, or any part of an animal, bird or fish, and the sum assessed for damages for each wild animal, bird, or fish shall be not less than the amount stated in this section:

AB100-ASA1, s. 1139w Section 1139w. 29.99 (15) of the statutes is amended to read:

AB100-ASA1,535,20 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 farm-raised deer, farm-raised fish 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 farm-raised deer, farm-raised fish 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.

AB100-ASA1, s. 866 Section 866. 30.277 (3) (k) of the statutes is created to read:

AB100-ASA1,535,23 30.277 (3) (k) Whether the project is related to brownfields redevelopment, as defined in s. 23.09 (19) (a) 1.

AB100-ASA1, s. 867 Section 867. 30.277 (6) of the statutes is amended to read:

AB100-ASA1,536,6 30.277 (6) Rules. The department shall promulgate rules for the administration of this section, including rules that specify the weight to be assigned to each criterion under sub. (3) and the minimum number of criteria under sub. (3) in which an applicant must perform satisfactorily in order to be awarded a grant. In specifying the weight to be assigned to the criteria under sub. (3), the department shall assign the greatest weight to the criterion under sub. (3) (k).

AB100-ASA1, s. 1139x Section 1139x. 30.28 (2) (c) of the statutes is repealed.

AB100-ASA1, s. 868 Section 868. 30.28 (2r) of the statutes is created to read: