Amendment MY2 SSA1-SB1

LRBs0386/1

RNK/MGG/RCT/MJL:kmg&jd:rs

May 2002 Special Session

2001 - 2002 LEGISLATURE

SENATE SUBSTITUTE AMENDMENT 1, TO SENATE BILL 1

May 15, 2002 - Offered by Committee on Environmental Resources.

SB1-SSA1,1,9 An Act to repeal 29.181 (3) and 29.559 (1r) (b); to renumber 29.307 and 29.559 (1r) (a); to amend 20.370 (5) (fq), 29.971 (7), 29.971 (11), 95.32 (1) and 167.31 (2) (d); and to create 20.370 (5) (fs), 20.370 (5) (fv), 29.063, 29.307 (2), 29.307 (3), 29.335, 95.23 (1m) and 167.31 (4) (bg) of the statutes; relating to: chronic wasting disease, hunting or shooting animals from aircraft, vehicles, and boats, feeding of wild animals for purposes other than hunting, shooting a firearm or arrow from or across a highway, requiring a lapse to the general fund, authorizing the extension of emergency rules, requiring the exercise of rule-making authority, and making appropriations.

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

SB1-SSA1, s. 1 Section 1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table - See PDF for table

SB1-SSA1, s. 2 Section 2. 20.370 (5) (fq) of the statutes is amended to read:

SB1-SSA1,2,7 20.370 (5) (fq) Wildlife damage claims and abatement. All moneys received under ss. 29.181 (3), 29.559 (1r) (b) , and 29.563 (13) and not appropriated under par. pars. (fr), (fs), and (fv) and sub. (1) (Ls) to provide state aid for the wildlife damage abatement program under s. 29.889 (5) (c) and the wildlife damage claim program under s. 29.889 (7) (d), for county administration costs under s. 29.889 (2) (d), and for payments under s. 29.89.

SB1-SSA1, s. 3 Section 3. 20.370 (5) (fs) of the statutes is created to read:

SB1-SSA1,2,11 20.370 (5) (fs) Chronic wasting disease management. From the moneys received under ss. 29.181, 29.559 (1r), and 29.563 (13), the amounts in the schedule for the management of, and testing for, chronic wasting disease under s. 29.063.

SB1-SSA1, s. 4 Section 4. 20.370 (5) (fv) of the statutes is created to read:

SB1-SSA1,2,15 20.370 (5) (fv) Chronic wasting disease management — supplemental funds. The amounts in the schedule for the management of, and testing for, chronic wasting disease under s. 29.063.

SB1-SSA1, s. 5 Section 5. 29.063 of the statutes is created to read:

SB1-SSA1,3,3 29.063 Management of chronic wasting disease. The department may manage, and provide funding to conduct testing for, chronic wasting disease in cervids.

SB1-SSA1, s. 6 Section 6. 29.181 (3) of the statutes is repealed.

SB1-SSA1, s. 7 Section 7. 29.307 of the statutes is renumbered 29.307 (1).

SB1-SSA1, s. 8 Section 8. 29.307 (2) of the statutes is created to read:

SB1-SSA1,3,9 29.307 (2) (a) Notwithstanding sub. (1), a state employee or agent or a federal employee or agent acting within the scope of his or her employment or agency may hunt an animal in the wild with the aid of an aircraft if all of the following apply:

SB1-SSA1,3,11 1. The employee or agent is authorized by the department to take the animal for the purpose of controlling the spread of disease in animals.

SB1-SSA1,3,13 2. The employee or agent is hunting in an area designated by the department as a chronic wasting disease eradication zone.

SB1-SSA1,3,15 3. The employee or agent is in compliance with all of the rules promulgated under par. (b).

SB1-SSA1,3,22 (b) The department shall promulgate rules specifying the conditions under which aircraft may be used for surveillance of animals, for herding animals, and for shooting animals in order to control the spread of disease in animals. The rules may authorize shooting animals only if the department considers all other alternatives to shooting animals from aircraft and determines that the shooting is necessary in order to control the spread of disease in animals. Notwithstanding s. 227.24 (1), the department may not promulgate these rules as emergency rules.

SB1-SSA1, s. 9 Section 9. 29.307 (3) of the statutes is created to read:

SB1-SSA1,4,8 29.307 (3) Subsection (2) and the rules promulgated under sub. (2) do not apply after August 31, 2007, unless the standing committee for natural resources matters of each house of the legislature, as designated by each presiding officer, determines by majority vote, on or before August 31, 2007, that in order to control the spread of disease in animals sub. (2) and the rules promulgated under sub. (2) shall continue to apply after August 31, 2007. If the standing committees make this determination, the chairperson of each of these standing committees shall promptly notify the revisor of statutes of the committee's determination. Upon receipt of such notification, the revisor shall publish a copy of the notification in the Wisconsin Administrative Register.

SB1-SSA1, s. 10 Section 10. 29.335 of the statutes is created to read:

SB1-SSA1,4,21 29.335 Feeding wild animals for nonhunting purposes. The department shall promulgate rules to regulate the recreational and supplemental feeding of wild animals for purposes other than hunting. The rules promulgated under this section do not apply after August 31, 2007, unless the standing committee for natural resources matters of each house of the legislature, as designated by each presiding officer, determines by majority vote, on or before August 31, 2007, that in order to control the spread of disease in wild animals this section shall continue to apply after August 31, 2007. If the standing committees make this determination, the chairperson of each of these standing committees shall promptly notify the revisor of statutes of the committee's determination. Upon receipt of such notification, the revisor shall publish a copy of the notification in the Wisconsin Administrative Register.

SB1-SSA1, s. 11 Section 11. 29.559 (1r) (a) of the statutes is renumbered 29.559 (1r).

SB1-SSA1, s. 12 Section 12. 29.559 (1r) (b) of the statutes is repealed.

SB1-SSA1, s. 13 Section 13. 29.971 (7) of the statutes is amended to read:

SB1-SSA1,5,5 29.971 (7) For the violation of s. 29.307 (1), by a fine of not more than $1,000 for the first violation and not more than $2,000 for subsequent violations or imprisonment for not more than 90 days, or both, and by a mandatory 3-year revocation of all hunting, fishing, and trapping approvals. An aircraft used in the violation is a public nuisance.

SB1-SSA1, s. 14 Section 14. 29.971 (11) of the statutes is amended to read:

SB1-SSA1,5,14 29.971 (11) For hunting deer without the required approval, during the closed season, with the aid of artificial light or with the aid of an aircraft, except as provided in s. 29.307 (2), for the snaring of or setting snares for deer , or for the possession or control of a deer carcass in violation of s. 29.055 or 29.347, by a fine of not less than $1,000 nor more than $2,000 or by imprisonment for not more than 6 months or both. In addition, the court shall order the revocation of all approvals issued to the person under this chapter and shall prohibit the issuance of any new approval under this chapter to the person for 3 years.

SB1-SSA1, s. 15 Section 15. 95.23 (1m) of the statutes is created to read:

SB1-SSA1,5,18 95.23 (1m) (a) The department may conduct surveillance testing to determine whether animals have chronic wasting disease, if the department has reason to believe that the animals have been exposed to chronic wasting disease.

SB1-SSA1,5,23 (b) The department shall indemnify the owner of an animal that must be killed in order to conduct testing under par. (a), if funds are available from the appropriation under s. 20.115 (2) (m) or (8) (ks) to pay the indemnity, in an amount equal to two-thirds of the difference between the net salvage value and the appraised value of the animal but not more than $1,500 for one animal.

SB1-SSA1, s. 16 Section 16. 95.32 (1) of the statutes is amended to read:

SB1-SSA1,6,3 95.32 (1) The department shall determine the appraised value of an animal that is destroyed under s. 95.21 (4) (b), 95.23 (1m), 95.25, 95.26, 95.27 or 95.31 (3) or (4) if the animal's owner is eligible for an indemnity.

SB1-SSA1, s. 17 Section 17. 167.31 (2) (d) of the statutes, as affected by 2001 Wisconsin Act 8, is amended to read:

SB1-SSA1,6,8 167.31 (2) (d) Except as provided in sub. (4) (a), (bg), (cg), (e), and (g), no person may discharge a firearm or shoot a bolt or an arrow from a bow or crossbow from or across a highway or within 50 feet of the center of a roadway.

SB1-SSA1, s. 18 Section 18. 167.31 (4) (bg) of the statutes is created to read:

SB1-SSA1,6,15 167.31 (4) (bg) 1. Subsection (2) (a), (b), (c), and (d) does not apply to a state employee or agent, or to a federal employee or agent, who is acting within the scope of his or her employment or agency, who is authorized by the department of natural resources to take animals in the wild for the purpose of controlling the spread of disease in animals and who is hunting in an area designated by the department of natural resources as a chronic wasting disease eradication zone.

SB1-SSA1,6,18 1m. Subsection (3) (a) and (b) does not apply to a state employee or agent or a federal employee or agent hunting an animal in the wild as authorized under s. 29.307 (2).

SB1-SSA1,7,2 2. This paragraph does not apply after August 31, 2007, unless the standing committee for natural resources matters of each house of the legislature, as designated by each presiding officer, determines by majority vote, on or before August 31, 2007, that in order to control the spread of disease in animals subds. 1. and 1m. shall continue to apply after August 31, 2007. If the standing committees make this determination, the chairperson of each of these standing committees shall promptly notify the revisor of statutes of the committee's determination. Upon receipt of such notification, the revisor shall publish a copy of the notification in the Wisconsin Administrative Register.

SB1-SSA1, s. 19 Section 19. Nonstatutory provisions.

SB1-SSA1,7,12 (1) Plan. If the department of natural resources determines that there are insufficient funds available under section 20.370 (5) (fs) of the statutes, as created by this act, for the management of, and testing for, chronic wasting disease in cervids during fiscal year 2002-03, the department may develop a plan, for submission to the joint committee on finance for review, detailing the means by which the department shall manage, and test for, chronic wasting disease in cervids. If the department develops a plan under this subsection, the department shall recommend funding sources and expenditures for implementing the plan. In making these recommendations, the department may not do any of the following:

SB1-SSA1,7,13 (a) Recommend the expenditure of funds from the general fund.

SB1-SSA1,7,14 (b) Recommend the expenditure of more than $2,000,000.

SB1-SSA1,7,16 (c) Recommend the expenditure of more than $1,000,000 from moneys received under sections 29.181, 29.559 (1r), and 29.563 (13) of the statutes.

SB1-SSA1,7,17 (2) Joint committee on finance review.