Amendment ASA1-AB514

AB514-ASA1, s. 66 Section 66. 29.859 of the statutes is created to read:

AB514-ASA1,16,2 29.859 Selling and purchasing wild animals. The department shall promulgate rules establishing requirements applicable to selling and purchasing wild animals and the carcasses of wild animals. The rules shall include all of the following:

AB514-ASA1,16,4 (1) Specification of the persons or license holders who are authorized to sell or purchase wild animals.

AB514-ASA1,16,5 (2) Regulations that are applicable to auctions and markets.

AB514-ASA1,16,6 (3) Tagging and labeling requirements.

AB514-ASA1,16,7 (4) Inspection requirements.

AB514-ASA1, s. 67 Section 67. 29.861 of the statutes is created to read:

AB514-ASA1,16,11 29.861 Hunting of captive wild animals. (1) Prohibition; generally. No person may hunt a captive wild animal except as authorized by rule by the department.

AB514-ASA1,16,14 (2) Prohibition; commercial hunting. No person may sell or offer to sell or purchase or offer to purchase the opportunity to hunt any wild animal that is or has been captive except as authorized by rule by the department.

AB514-ASA1, s. 68 Section 68. 29.863 of the statutes is created to read:

AB514-ASA1,16,20 29.863 Endangered and threatened species. No person may take from the wild, introduce, stock, release into the wild, exhibit, propagate, rehabilitate, hunt, trap, kill, sell, purchase, transfer or engage in any other activity related to a live wild animal that is a threatened or endangered species unless the person is in compliance with s. 29.415.

AB514-ASA1, s. 69 Section 69. 29.865 of the statutes is created to read:

AB514-ASA1,17,2 29.865 Damages for taking wild animals. A person who hunts, traps, kills or takes from the wild a wild animal subject to this chapter on land subject to a license issued under s. 29.857 without the permission of the license holder or of the holder's employe or agent is liable to the license holder for any damage that the person causes to any wild animal that is subject to the license or to any property or land that is subject to the license.

AB514-ASA1, s. 70 Section 70. 29.867 of the statutes is created to read:

AB514-ASA1,17,8 29.867 Local ordinances. (1) Strict conformity; exception. (a) A city, village, town or county may enact and enforce an ordinance relating to possessing or selling live wild animals. Except as provided in par. (b), the ordinance shall be in strict conformity with ss. 29.853 to 29.871 and the rules promulgated under ss. 29.853 to 29.871.

AB514-ASA1,17,9 (b) An ordinance enacted under this section may do any of the following:

AB514-ASA1,17,11 1. Prohibit any person or certain groups of persons from possessing certain types of live captive wild animals.

AB514-ASA1,17,13 2. Prohibit any person or certain groups of persons from selling certain types of live captive wild animals.

AB514-ASA1,17,25 (2) Department approval. The department shall review and shall approve or disapprove any ordinance proposed to be enacted under sub. (1) (b). The department shall disapprove a proposed ordinance if it determines that the ordinance fails to comply with the requirements under sub. (1). The city, village, town or county clerk shall submit the proposed ordinance in writing to the department at least 60 days before final action on the ordinance by the city, village, town or county. No later than 20 days after receipt by the department of the proposed ordinance, the department shall notify the clerk of the city, village, town or county in writing of the department's decision whether to approve or disapprove the ordinance. If the department disapproves the proposed ordinance, the written notification shall include a written decision giving the grounds for the disapproval and suggesting any changes in the ordinance that would result in the ordinance being approved by the department.

AB514-ASA1, s. 71 Section 71. 29.869 of the statutes is created to read:

AB514-ASA1,18,6 29.869 Seizure of captive wild animals. The department may determine by rule the conditions under which the department will seize captive wild animals, including any wild animal involved in a violation of ss. 29.853 to 29.871 or any rule promulgated under ss. 29.853 to 29.871, a dead or diseased wild animal, an escaped wild animal or a wild animal held in an inhumane manner.

AB514-ASA1, s. 72 Section 72. 29.871 of the statutes is created to read:

AB514-ASA1,18,12 29.871 Inspections. (1) Departmental authority. For purposes of enforcing ss. 29.853 to 29.869 and the rules promulgated under ss. 29.853 to 29.869, a conservation warden or representative of the department, upon presenting his or her credentials to a person who possesses or has possessed wild animals, may do any of the following:

AB514-ASA1,18,15 (a) Enter and inspect any land, vehicle, building or other structure where live wild animals are possessed or have been possessed or where carcasses of wild animals are possessed or have been possessed.

AB514-ASA1,18,17 (b) Inspect any equipment, materials or other activities related to the wild animals.

AB514-ASA1,18,19 (c) Gain access to and inspect any records concerning the wild animals required to be kept.

AB514-ASA1,18,23 (d) Investigate and inspect any wild animal or any other animal to be introduced, stocked or released into the wild. Inspection under sub. (1) (d) may include the removal of reasonable diagnostic samples from wild animals for biological examination.

AB514-ASA1,18,25 (2) Times for inspections. An inspection authorized under sub. (1) or (4) may be conducted during any of the following times:

AB514-ASA1,19,1 (a) Normal business hours.

AB514-ASA1,19,3 (b) During the time that the person who possesses or has possessed wild animals is conducting business.

AB514-ASA1,19,4 (c) At any time, if the inspection is necessary for public health, safety or welfare.

AB514-ASA1,19,8 (3) Prohibiting inspections. No person holding a license issued under s. 29.855, 29.857 or 29.859 or an operator of a vehicle for such a person, or employe or person acting on behalf of such a person, may prohibit entry as authorized under this section unless a court restrains or enjoins the entry or inspection.

AB514-ASA1,19,11 (4) Inspections of introduced or stocked animals. Only persons determined by the department to be experienced in wildlife disease may remove diagnostic samples and diagnose diseases under sub. (1) (d).

AB514-ASA1,19,14 (5) Taxidermists. For an inspection of a taxidermist's place of business, this section does not apply and the department shall conduct the inspection as authorized under s. 29.136 (7).

AB514-ASA1, s. 73 Section 73. 29.99 (9g) of the statutes is created to read:

AB514-ASA1,19,18 29.99 (9g) For the violation of any quarantine requirement promulgated under s. 29.855 (2) (e) or any quarantine order issued by the department, by a forfeiture of not more than $1,000.

AB514-ASA1, s. 74 Section 74. 895.57 (3) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB514-ASA1,20,2 895.57 (3) Subsection (2) does not apply to any humane officer, local health officer, peace officer, employe of the department of natural resources while on any land licensed under s. 29.573, 29.574, 29.575 or 29.578 29.857 or designated as a wildlife refuge under s. 29.57 (1) or employe of the department of agriculture, trade and consumer protection if the officer's or employe's acts are in good faith and in an apparently authorized and reasonable fulfillment of his or her duties.

AB514-ASA1, s. 75 Section 75. 943.75 (3) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB514-ASA1,20,12 943.75 (3) Subsection (2) does not apply to any humane officer, local health officer, peace officer, employe of the department of natural resources while on any land licensed under s. 29.573, 29.574, 29.575 or 29.578 29.857 or designated as a wildlife refuge under s. 29.57 (1) or employe of the department of agriculture, trade and consumer protection if the officer's or employe's acts are in good faith and in an apparently authorized and reasonable fulfillment of his or her duties. This subsection does not limit any other person from claiming the defense of privilege under s. 939.45 (3).

AB514-ASA1, s. 76 Section 76. 951.01 (1m) of the statutes is created to read:

AB514-ASA1,20,14 951.01 (1m) "Conservation warden" means a warden appointed under s. 23.10.

AB514-ASA1, s. 77 Section 77. 951.015 of the statutes is amended to read:

AB514-ASA1,20,21 951.015 Construction and application. This chapter shall not be interpreted as controverting any law regulating wild animals subject to regulation under ss. 29.853 to 29.871, the taking of game as defined in s. 29.01 (4) to (7) and (10), the trapping of wild animals, the use of live animals in dog trials or in the training of hunting dogs under ch. 29, or the slaughter of animals by persons acting under state or federal law.

AB514-ASA1, s. 78 Section 78. 951.09 of the statutes is amended to read:

AB514-ASA1,21,6 951.09 (title) Shooting at caged or staked domesticated animals. No person may instigate, promote, aid or abet as a principal, agent, employe, participant or spectator, or participate in the earnings from, or intentionally maintain or allow any place to be used for the shooting, killing or wounding with a firearm or any deadly weapon, any domesticated animal, as defined in s. 29.853 (3), that is tied, staked out, caged or otherwise intentionally confined in a man-made enclosure, regardless of size. Nothing in this section prohibits the shooting of any wild game in its wild state or the shooting of game birds and waterfowl at licensed game farms or licensed shooting preserves.

AB514-ASA1, s. 79 Section 79. 951.15 (5) of the statutes is created to read:

AB514-ASA1,21,10 951.15 (5) For purposes of enforcing this chapter as to wild animals subject to regulation under ss. 29.853 to 29.871, a conservation warden has the same powers and duties that a law enforcement officer has under this section.

AB514-ASA1, s. 80 Section 80. 951.16 of the statutes is amended to read:

AB514-ASA1,22,2 951.16 Investigation of cruelty complaints. A person may apply for a search warrant under s. 968.12 if there is reason to believe that a violation of this chapter has taken place or is taking place. If the court is satisfied that probable cause exists, it shall issue a search warrant directing a law enforcement officer in the county to proceed immediately to the location of the alleged violation with a doctor of veterinary medicine, if the court determines that a veterinarian is necessary for purposes of the search, and directing the law enforcement officer to search the place designated in the warrant, retaining in his or her custody subject to the order of the court such property or things as are specified in the warrant, including any animal. For purposes of enforcing this chapter as to a wild animal that is subject to regulation under ss. 29.853 to 29.871, the warrant may direct a conservation warden to act as provided in this section. The warrant shall be executed and returned to the court which issued the warrant in accordance with ss. 968.15 and 968.17. This section shall not affect other powers and duties of law enforcement officers or conservation wardens.

AB514-ASA1, s. 81 Section 81. 951.18 (4) (a) 2. of the statutes is amended to read:

AB514-ASA1,22,13 951.18 (4) (a) 2. A sentencing court shall require a criminal violator to pay restitution to a person, including any local humane society or county or municipal pound or a law enforcement officer or conservation warden, for any pecuniary loss suffered by the person as a result of the crime, including expenses in keeping any animal that is involved in the crime. This requirement applies regardless of whether the criminal violator is placed on probation under s. 973.09. If restitution is ordered, the court shall consider the financial resources and future ability of the criminal violator to pay and shall determine the method of payment. Upon the application of any interested party, the court shall schedule and hold an evidentiary hearing to determine the value of any pecuniary loss under this paragraph.

AB514-ASA1, s. 82 Section 82. 951.18 (4) (b) 1. of the statutes is amended to read:

AB514-ASA1,23,2 951.18 (4) (b) 1. A sentencing court may order that an animal be delivered to the local humane society or the county or municipal pound or to a law enforcement officer if a person commits a crime under this chapter, the person is the owner of the animal that is involved in the crime and the court considers the order to be reasonable and appropriate. A sentencing court may order that an animal be delivered to the department of natural resources, if the animal is a wild animal subject to regulation under ss. 29.853 to 29.871 and the court considers the order to be reasonable and appropriate. The society, pound or officer shall release the animal to a person other than the owner or dispose of the animal in a proper and humane manner. If the animal is a dog, the release or disposal shall be in accordance with s. 174.046 (8) or (9), except s. 174.046 (8) (a) does not apply and the fees under s. 174.046 (8) (d) do not apply if the expenses are covered under s. 951.17. If the animal is not a dog, the society, pound or officer may charge a fee for the release of the animal.

AB514-ASA1, s. 83 Section 83. Nonstatutory provisions.

AB514-ASA1,23,13 (1) Approvals continued in effect. A license or permit issued under section 29.255, 29.535, 29.55, 29.573, 29.574, 29.575, 29.578 or 29.585, 1995 stats., shall continue in effect under those statutes, rules promulgated under those statutes and the terms of the license or permit until December 31, 1999, or until the department of natural resources requires a new license under section 29.857 of the statutes, as created by this act, whichever is earlier. Sections 29.087 (1), 895.57 (3) and 943.75 (3) of the statutes apply to lands licensed under sections 29.573, 29.574, 29.575 and 29.578, 1995 stats., until December 31, 1999, or until the department of natural resources requires a new license under section 29.857 of the statutes, as created by this act, whichever is earlier.

AB514-ASA1, s. 84 Section 84. Effective date.

AB514-ASA1,23,15 (1) This act takes effect on January 1, 1999.

AB514-ASA1,23,16 (End)