Amendment ASA1-AB342

AB342-ASA1,6,4 1. Except as provided in subd. 2. or 3., no later than 60 days after the person purchases or acquires the nonnative wild animal.

AB342-ASA1,6,6 2. Except as provided in subd. 3., no later than 120 days after the birth of the nonnative wild animal if the person possessed it at the time of its birth.

AB342-ASA1,6,10 3. No later than the first day of the 24th month beginning after the effective date of this subdivision .... [revisor inserts date], if the nonnative wild animal was possessed by the person on the effective date of this subdivision .... [revisor inserts date], and has remained in the person's possession since that date.

AB342-ASA1,6,13 (6) Notification and information requirements. (a) A person shall notify the department when the person no longer possesses a nonnative wild animal subject to sub. (2). The notification shall include the following information:

AB342-ASA1,6,14 1. The date the person ceased to possess the nonnative wild animal.

AB342-ASA1,6,16 2. The name, address, and telephone number of any person to whom the nonnative wild animal was sold or transferred.

AB342-ASA1,6,18 3. Whether the nonnative wild animal died, escaped, disappeared, was killed, or was sold or transferred.

AB342-ASA1,6,20 4. If the nonnative wild animal died or was killed, the manner of disposal of the carcass.

AB342-ASA1,6,21 5. Any additional information that is required by the department by rule.

AB342-ASA1,6,23 (b) The person shall submit the notification required under par. (a) to the department in the following manner:

AB342-ASA1,6,25 1. Except as provided in subd. 2., no later than 60 days after the date the person ceases to possess the nonnative wild animal.

AB342-ASA1,7,2 2. If the nonnative wild animal escaped or disappeared, no later than 24 hours after the person learns of the escape or disappearance.

AB342-ASA1,7,5 (c) A person shall update or supplement the information the person is required to provide to the department under par. (a) and sub. (5) (a) as soon as practicable after the information changes or new information becomes known to the person.

AB342-ASA1,7,11 (d) The department shall establish and maintain an electronic database which includes the information provided to the department under pars. (a) and (c) and sub. (5) (a). The department shall make the database available to the public on its Internet site but shall not include the telephone number of any person provided under par. (a) 2. or sub. (5) (a) 2. The department may also exclude additional information by rule.

AB342-ASA1,7,20 (e) The department shall provide any information submitted by a person under pars. (a) and (c) and sub. (5) (a) to the county clerk of the county in which the nonnative wild animal is possessed within 30 days after receipt of the information by the department, except that the department shall provide the information received under par. (b) 2. as soon as reasonably possible. The county clerk of each county shall disseminate this information in a time and manner established by the county to the county sheriff and to any county agencies the county clerk considers to be appropriate. These agencies may include agencies related to public health, animal control, emergency management, conservation, or zoning.

AB342-ASA1,7,24 (7) Rules for enclosures. The department of commerce shall promulgate rules establishing minimum standards for the construction and inspection of the enclosures in which a live nonnative wild animal subject to sub. (2) is kept for the purpose of protecting the nonnative wild animal, the public, and wildlife.

AB342-ASA1,8,2 (8) Harmful wild animals. This section does not apply to nonnative wild animals that are designated as harmful wild animals under s. 169.11 (1) (a).

AB342-ASA1,8,5 (9) Wild animals subject to federal regulation. (a) This section does not apply to nonnative wild animals possessed by persons who are licensed to possess those wild animals under 7 USC 2131 to 2159.

AB342-ASA1,8,7 (b) This section does not apply to nonnative wild animals kept in facilities that are inspected under 7 USC 2131 to 2159.

AB342-ASA1,8,11 (c) Each person receiving inspection reports under 7 USC 2131 to 2159 shall forward copies to the county clerk of the county in which the nonnative wild animals are possessed. The county clerk of each county shall disseminate these reports in the manner provided in sub. (6) (e).

AB342-ASA1, s. 6 Section 6. 169.31 (title) of the statutes is amended to read:

AB342-ASA1,8,13 169.31 (title) License and , tag, and registration fees.

AB342-ASA1, s. 7 Section 7. 169.31 (5) of the statutes is created to read:

AB342-ASA1,8,19 169.31 (5) Nonnative wild animal registration fee. The department shall promulgate a rule establishing a fee for the registration of live nonnative wild animals under s. 169.045 (5) (a) in an amount estimated to equal the department's cost of processing registrations, and establishing and maintaining the electronic database under s. 169.045 (5) (d), and otherwise administering s. 169.045.

AB342-ASA1, s. 8 Section 8. 169.36 (9) (b) of the statutes is amended to read:

AB342-ASA1,9,2 169.36 (9) (b) In addition to the requirements under par. (a), the person holding a license subject to this section shall provide a copy of the record required under this section to the department on a quarterly basis, as determined by the department, if the transaction or activity involved any live wild animal of the family canidae, ursidae, mustelidae, or felidae, or any harmful wild animal. This paragraph does not apply to live nonnative wild animals that are subject to registration under s. 169.045.

AB342-ASA1, s. 9 Section 9. 169.37 (1) (intro.) of the statutes is amended to read:

AB342-ASA1,9,8 169.37 (1) Departmental authority. (intro.) For Except as provided in s. 169.425, for purposes of enforcing this chapter and the rules promulgated under this chapter with respect to a person who is required to have a license or maintain records under this chapter, a conservation warden or representative of the department, upon presenting his or her credentials to that person, may do any of the following:

AB342-ASA1, s. 10 Section 10. 169.42 (1) (intro.) of the statutes is amended to read:

AB342-ASA1,9,13 169.42 (1) Intake of wild animals. (intro.) A Except as provided in s. 169.425, a conservation warden may take into custody a wild animal that is subject to regulation under this chapter on behalf of the department if the conservation warden has reasonable grounds to believe that the wild animal is one of the following:

AB342-ASA1, s. 11 Section 11. 169.425 of the statutes is created to read:

AB342-ASA1,9,22 169.425 Enforcement; live nonnative wild animals. Conservation wardens and representatives of the department may not act under the authority of s. 169.37 or 169.42 for purposes of enforcing s. 169.045 or any rules promulgated under s. 169.045. Instead, for purposes of enforcing s. 169.045 or any rules promulgated under s. 169.045, law enforcement officers authorized to act under ch. 951 and humane officers shall have the same powers and duties that conservation wardens and the department have under ss. 169.37 and 169.42 and may use the citation procedure under s. 778.25.

AB342-ASA1, s. 12 Section 12. 169.45 (2m) of the statutes is created to read:

AB342-ASA1,9,25 169.45 (2m) Possession of certain nonnative wild animals. (a) Except as provided in par. (b), for possessing a live nonnative wild animal in violation of s. 169.045, or any rule promulgated under s. 169.045 a person shall forfeit not more than $100.

AB342-ASA1,10,6 (b) 1. For a violation of s. 169.045 or any rule promulgated under s. 169.045, if the alleged violator has not previously received a warning notice for a violation of the same provision, an officer authorized to enforce s. 169.045 shall issue the violator a warning notice in lieu of a citation.

AB342-ASA1,10,12 2. The warning notice under subd. 1. shall inform the alleged violator of the action the alleged violator is required to take to be in compliance with the applicable provision. If the warning notice requires the alleged violator to remedy the effects of the violation, the alleged violator has 30 days to do so. An officer authorized to enforce s. 169.045 may subsequently issue a citation only if the alleged violator fails to comply with the warning notice within the 30-day period.

AB342-ASA1,10,15 3. An officer issuing a warning notice under subd. 2. shall inform the department of the fact within 30 days after issuing the notice. The department shall record the issuances of warning notices for purposes of this paragraph.

AB342-ASA1,10,17 (c) Subsection (2) does not apply to a live nonnative wild animal possessed in violation of s. 169.045.

AB342-ASA1, s. 13 Section 13. 169.43 of the statutes is amended to read:

AB342-ASA1,10,22 169.43 Local ordinances. A municipality or county may enact and enforce an ordinance that prohibits the possession or selling of live wild animals. A municipality or county may enact and enforce an ordinance that is in strict conformity with s. 169.045 and with the rules promulgated under s. 169.045.

AB342-ASA1, s. 14 Section 14. 169.45 (4) of the statutes is amended to read:

AB342-ASA1,11,3 169.45 (4) Diminished penalties. No penalty imposed under sub. (2) or (2m) shall be held to be diminished because the violation for which it is imposed falls also within the scope of a more general prohibition.

AB342-ASA1, s. 15 Section 15. 778.25 (1) (a) 8. and 9. of the statutes are created to read:

AB342-ASA1,11,5 778.25 (1) (a) 8. Under s. 169.45 (2m) brought against an adult in circuit court.

AB342-ASA1,11,7 9. Under a local ordinance strictly conforming to s. 169.045, and the rules promulgated under s. 169.045, brought against an adult in circuit court.

AB342-ASA1, s. 16 Section 16. Effective date.

AB342-ASA1,11,10 (1) This act takes effect on the first day of the 24th month beginning after publication.

AB342-ASA1,11,11 (End)