SB356: Bill Text

SB356, s. 25 Section 25. 29.55 (2m) of the statutes is created to read:

SB356,8,19 29.55 (2m) Subsections (1) and (2) do not apply to farm-raised deer.

SB356, s. 26 Section 26. 29.574 (1m) of the statutes is amended to read:

SB356,8,22 29.574 (1m) This section does not apply to commercially raised farm-raised deer, as defined in s. 95.25 (5m).

SB356, s. 27 Section 27. 29.578 (1m) of the statutes is amended to read:

SB356,9,3 29.578 (1m) This section does not apply to commercially raised deer, as defined in s. 95.25 (5m), or to commercial deer farms licensed under s. 29.58 of the genus dama, cervus or rangifer.

SB356, s. 28 Section 28. 29.58 of the statutes is repealed.

SB356, s. 29 Section 29. 29.581 of the statutes is repealed.

SB356, s. 30 Section 30. 29.583 (1) of the statutes is amended to read:

SB356,9,10 29.583 (1) The department may seize and dispose of or may authorize the disposal of any deer that has escaped from land licensed under s. 29.574, or 29.578 or 29.58 if the licensee has not had the deer returned to the land within 72 hours of the discovery of the escape.

SB356, s. 31 Section 31. 29.583 (3) of the statutes is created to read:

SB356,9,12 29.583 (3) This section does not apply to farm-raised deer.

SB356, s. 32 Section 32. 29.585 (2) (a) of the statutes is amended to read:

SB356,9,18 29.585 (2) (a) The term In this section, "wild animal" as used in this section means any mammal, fish or bird of a wild nature as distinguished from domestic animals under the common law or under the Wisconsin 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.

SB356, s. 33 Section 33. 29.586 (4) of the statutes is created to read:

SB356,9,20 29.586 (4) This section does not apply to farm-raised deer.

SB356, s. 34 Section 34. 29.59 (1) (f) of the statutes is amended to read:

SB356,9,23 29.59 (1) (f) Notwithstanding s. 29.01 (14), "wild animal" means any undomesticated mammal or bird, but does not include farm-raised deer.

SB356, s. 35 Section 35. 29.598 (1) of the statutes is amended to read:

SB356,10,4 29.598 (1) Definition. As used in In this section, "wildlife damage" means damage caused by wild deer that live in the wild, bear or geese to commercial seedings or crops on agricultural land, to orchard trees or nursery stock or to apiaries or livestock.

SB356, s. 36 Section 36. 29.645 of the statutes is amended to read:

SB356,10,9 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.

SB356, s. 37 Section 37. 29.99 (15) of the statutes is amended to read:

SB356,10,19 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 commercially raised farm-raised deer 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 commercially raised farm-raised deer 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. In this subsection, "commercially raised deer" has the meaning given in s. 95.25 (5m).

SB356, s. 38 Section 38. 93.07 (10) of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 93.07 (10) (b) and amended to read:

SB356,11,5 93.07 (10) (b) To protect the health of domestic animals of the state; to determine and employ the most efficient and practical means for the prevention, suppression, control and eradication of communicable diseases among domestic animals, and for these purposes it may establish, maintain, enforce and regulate such quarantine and such other measures relating to the importation, movement and care of animals and their products, the disinfection of suspected localities and articles, and the disposition of animals, as the department may deem necessary. The definition of "communicable disease" in s. 990.01 (5g) does not apply to this subsection paragraph.

SB356, s. 39 Section 39. 93.07 (10) (a) of the statutes is created to read:

SB356,11,8 93.07 (10) (a) In this subsection, "domestic animals" includes farm-raised deer, as defined in s. 29.01 (2r).

SB356, s. 40 Section 40. 95.05 of the statutes is created to read:

SB356,11,13 95.05 Fencing of farm-raised deer. Any person who keeps farm-raised deer, as defined in s. 29.01 (2r), shall keep the farm-raised deer enclosed by a fence not less than 7 feet 10 inches high, except that animals of the genus rangifer shall be kept enclosed by a fence not less than 5 feet high.

SB356, s. 41 Section 41. 97.42 (1) (a) of the statutes is amended to read:

SB356,11,16 97.42 (1) (a) "Animal" means cattle, sheep, swine, goats, commercially raised farm-raised deer, horses, mules, and other equines.

SB356, s. 42 Section 42. 97.42 (1) (cm) of the statutes is repealed.

SB356, s. 43 Section 43. 97.42 (1) (dm) of the statutes is created to read:

SB356,11,19 97.42 (1) (dm) "Farm-raised deer" has the meaning given in s. 29.01 (2r).

SB356, s. 44 Section 44. 97.42 (3) (em) of the statutes is amended to read:

SB356,12,3 97.42 (3) (em) (title) Slaughter of commercially raised farm-raised deer. The requirements of pars. (a) and (b) do not apply to the slaughter of a commercially raised farm-raised deer if its meat food products are not sold by a person holding a restaurant permit under s. 254.64 or by an operator of a retail food establishment, as defined under s. 97.30 (1) (c). The operator of an establishment in which commercially raised farm-raised deer, their carcasses or their meat food products are examined and inspected under this subsection shall pay the department for the cost of the department's examination and inspection.

SB356, s. 45 Section 45. 97.42 (4) (em) of the statutes is amended to read:

SB356,12,9 97.42 (4) (em) The rate at which an operator of an establishment that slaughters commercially raised farm-raised deer or processes the meat products of commercially raised farm-raised deer shall pay the costs of examination and inspection under sub. (3) (em) and the manner in which the department shall collect those amounts.

SB356, s. 46 Section 46. 97.42 (5) (b) of the statutes is amended to read:

SB356,12,17 97.42 (5) (b) No county or municipality may collect any fees or charges for meat or poultry inspection or enforcement from any licensee under this section, except for overtime inspection work and the inspection of commercially raised farm-raised deer. Charges for overtime or for the inspection of commercially raised farm-raised deer shall be on the same basis as and shall not exceed charges for overtime work or for the inspection of commercially raised farm-raised deer prescribed by this section or by the rules of the department.

SB356, s. 47 Section 47. 174.001 (3) of the statutes is amended to read:

SB356,12,21 174.001 (3) "Livestock" means any horse, bovine, sheep, goat, pig, domestic rabbit, farm-raised deer, as defined in s. 29.01 (2r), or domestic fowl, including game fowl raised in captivity.

SB356, s. 48 Section 48. 895.57 (3) of the statutes is amended to read:

SB356,13,3 895.57 (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. 29.52, 29.573, 29.574, 29.575, or 29.578 or 29.58 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.

SB356, s. 49 Section 49. 943.75 (3) of the statutes is amended to read:

SB356,13,12 943.75 (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. 29.52, 29.573, 29.574, 29.575, or 29.578 or 29.58 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).

SB356,13,13 (End)