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2003 - 2004 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2003 ASSEMBLY BILL 292
October 14, 2003 - Offered by Representatives Seratti, Grothman and Gunderson.
AB292-ASA1,1,10
1An Act to amend 29.047 (1m), 29.047 (2) (a), 29.347 (2), 29.347 (2m) (b), 29.347
2(3), 29.347 (5) (a), 29.347 (5) (b) (intro.) and 29.357 (5) (b); and
to create 20.370
3(1) (fq), 23.09 (2) (p), 29.047 (1) (c) 3., 29.063 (3), 29.063 (4), 29.063 (5), 29.347
4(6), 29.357 (4m), 29.361 (3m) and 29.506 (5m) of the statutes;
relating to:
5agreements to indemnify persons who process or dispose of carcasses with
6chronic wasting disease, access to tissue or disease data from wild animals,
7granting rule-making authority regarding the transportation, possession,
8control, storage, or disposal of the carcass of a deer or an elk from a chronic
9wasting disease eradication zone or a state with confirmed chronic wasting
10disease, and making an appropriation.
Analysis by the Legislative Reference Bureau
Under current law, the Department of Natural Resources (DNR) may manage
and provide funding to conduct testing for chronic wasting disease in cervids (deer
and elk). DNR also may designate an area as a chronic wasting disease eradication
zone and permit hunting in that zone to control the spread of chronic wasting disease.
This bill allows DNR to promulgate rules regulating the transportation,
possession, control, storage, and disposal of the carcass of a deer or an elk to control
chronic wasting disease. The bill also allows DNR to promulgate rules prohibiting
the transportation of the carcass of a deer or an elk from another state or country in
which chronic wasting disease has been confirmed in a deer or an elk, except that
certain types of meat and antlers, including boned meat, wrapped meat, and finished
taxidermy heads, may not be prohibited.
The rules, under the bill, would apply to everyone that may be involved with
the deer or elk carcass, including motor vehicle operators who accidently kill a deer
or an elk on a highway, and hunters, taxidermists, and transporters.
The bill also allows DNR to enter into agreements with persons who operate
landfills, meat processing facilities, or wastewater treatment facilities to indemnify
them for damages resulting from disposing of deer or elk with chronic wasting
disease.
For further information see the state 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:
AB292-ASA1, s. 1
1Section
1. 20.370 (1) (fq) of the statutes is created to read:
AB292-ASA1,2,32
20.370
(1) (fq)
Indemnification agreements. From the general fund, a sum
3sufficient to provide indemnification under agreements under s. 29.063 (5).
AB292-ASA1,2,85
23.09
(2) (p)
Disease control. Require any person to provide the department
6with disease sample tissue or disease sample data derived from a wild animal, as
7defined in s. 29.001 (90), if the department decides that the tissue or data is needed
8to determine the existence or extent of a disease in wild animals in this state.
AB292-ASA1, s. 3
9Section
3. 29.047 (1) (c) 3. of the statutes is created to read:
AB292-ASA1,2,1210
29.047
(1) (c) 3. If the game is a deer or an elk the person transports, possesses,
11delivers, receives, or controls the carcass of the deer or elk in compliance with rules
12promulgated by the department.
AB292-ASA1,3,5
129.047
(1m) Unless prohibited by the laws of an adjoining state
or a rule
2promulgated by the department under s. 29.063 (3) or (4), any person who has
3lawfully killed a deer or an elk in this state may take the deer or elk or its carcass
4into the adjoining state and ship the deer or elk or carcass from any point in the
5adjoining state to any point in this state.
AB292-ASA1,3,107
29.047
(2) (a) A person who has a valid taxidermist permit and who
, in
8compliance with rules promulgated by the department under s. 29.063 (3) or (4), 9possesses, transports, causes to be transported, delivers or receives, or offers to
10deliver or receive, a wild animal carcass in connection with his or her business.
AB292-ASA1,3,1512
29.063
(3) To control chronic wasting disease, the department may promulgate
13rules regulating the transportation, possession, control, storage, or disposal of the
14carcass of a deer or an elk in this state, except that the rules may not apply to any
15of the following:
AB292-ASA1,3,1616
(a) Meat that is cut and wrapped, either commercially or privately.
AB292-ASA1,3,1817
(b) Quarters or other portions of meat to which no part of the spinal column or
18head is attached.
AB292-ASA1,3,1919
(c) Meat that has been boned.
AB292-ASA1,3,2020
(d) Hides with no heads attached.
AB292-ASA1,3,2121
(e) Finished taxidermy heads.
AB292-ASA1,3,2222
(f) Antlers with no meat or tissue attached.
AB292-ASA1,3,2323
(g) Skull plates with antlers attached and with no meat or tissue attached.
AB292-ASA1,3,2424
(h) Upper canine teeth.
AB292-ASA1,4,4
129.063
(4) The department may promulgate rules prohibiting the
2transportation of the carcass of a deer or an elk from another state or country in
3which chronic wasting disease has been confirmed in a deer or an elk, except that the
4rules may not apply to any of the following:
AB292-ASA1,4,55
(a) Meat that is cut and wrapped, either commercially or privately.
AB292-ASA1,4,76
(b) Quarters or other portions of meat to which no part of the spinal column or
7head is attached.
AB292-ASA1,4,88
(c) Meat that has been boned.
AB292-ASA1,4,99
(d) Hides with no heads attached.
AB292-ASA1,4,1010
(e) Finished taxidermy heads.
AB292-ASA1,4,1111
(f) Antlers with no meat or tissue attached.
AB292-ASA1,4,1212
(g) Skull plates with antlers attached and with no meat or tissue attached.
AB292-ASA1,4,1313
(h) Upper canine teeth.
AB292-ASA1,4,1515
29.063
(5) (a) In this subsection:
AB292-ASA1,4,1716
1. "Landfill" means a solid waste facility, as defined in s. 289.01 (35), for solid
17waste disposal, as defined in s. 289.01 (34), licensed under s. 289.31.
AB292-ASA1,4,2018
2. "Meat processing facility" means a plant or premises where animals are
19slaughtered for human consumption, or where meat or meat products are processed,
20but does not include rendering plants.
AB292-ASA1,4,2321
3. "Wastewater treatment facility" means a plant or premises used to treat
22industrial wastewater or domestic wastewater or any combination of industrial
23wastewater and domestic wastewater and permitted pursuant to ch. 283.
AB292-ASA1,5,424
(b) Subject to par. (c), the department may enter into agreements with persons
25who operate landfills, meat processing facilities, or wastewater treatment facilities
1in which this state agrees to indemnify those persons and their employees, officers,
2and agents against liability for damage to persons, property, or the environment
3resulting from the processing or disposal of carcasses of cervids that have chronic
4wasting disease.
AB292-ASA1,5,65
(c) The department may enter into an agreement under par. (b) only if all of the
6following apply:
AB292-ASA1,5,87
1. The agreement is approved by the governor and the governing body of the
8landfill, meat processing facility, or wastewater treatment facility.
AB292-ASA1,5,119
2. The agreement specifies a method for determining whether the landfill, meat
10processing facility, or wastewater treatment facility is liable for damage described
11in par. (b).
AB292-ASA1,5,1412
3. The agreement requires the landfill, meat processing facility, or wastewater
13treatment facility to notify the department and the attorney general when a claim
14or lawsuit to which the agreement may apply is filed.
AB292-ASA1,5,1715
4. The agreement authorizes the attorney general to intervene on behalf of the
16landfill, meat processing facility, or wastewater treatment facility and this state in
17any lawsuit to which the agreement may apply.
AB292-ASA1,5,2018
5. The agreement requires the operator of the landfill, meat processing facility,
19or wastewater treatment facility to minimize risks related to processing or disposal
20of carcasses of cervids that have chronic wasting disease.
AB292-ASA1,5,2421
6. The agreement authorizes the department to require the operator of the
22landfill, meat processing facility, or wastewater treatment facility to operate in a
23manner specified in writing by the department to minimize risks related to
24processing or disposal of carcasses of cervids that have chronic wasting disease.
AB292-ASA1,6,2
1(d) This subsection and any agreement entered into under par. (b) may not be
2construed as consent to sue this state.
AB292-ASA1,6,53
(e) If a claim is filed under an agreement under par. (b), the department shall
4review the claim to determine whether it is valid. A valid claim shall be paid from
5the appropriation under s. 20.370 (1) (fq).
AB292-ASA1,6,207
29.347
(2) Deer or elk carcass tags. Except as provided under sub. (5) and s.
829.324 (3), any person who kills a deer shall immediately attach to the ear or antler
9of the deer a current validated deer carcass tag which is authorized for use on the
10type of deer killed. Any person who kills an elk shall immediately attach to the ear
11or antler of the elk a current validated elk carcass tag. Except as provided under sub.
12(2m) or s. 29.89 (6), no person may possess, control, store, or transport a deer carcass
13unless it is tagged as required under this subsection. Except as provided under sub.
14(2m), no person may possess, control, store, or transport an elk carcass unless it is
15tagged as required under this subsection. A person who kills a deer or
an elk shall
16register the deer or elk in the manner required by the department.
A person who kills
17a deer or an elk shall possess, control, store, or transport the deer or elk carcass in
18compliance with rules promulgated by the department under s. 29.063 (3). The
19carcass tag may not be removed before registration. The removal of a carcass tag
20from a deer or
an elk before registration renders the deer or elk untagged.
AB292-ASA1,6,2422
29.347
(2m) (b)
Any Subject to sub. (6), any person who retains a tag under par.
23(a) may give deer or elk meat to another person. The person who receives the gift of
24deer or elk meat is not required to possess a tag.
