SB356: Bill Text

1995 - 1996 LEGISLATURE

1995 Senate BILL 356

September 27, 1995 - Introduced by Senators A. Lasee, Ellis, C. Potter, Drzewiecki, Rude, Schultz, Weeden, Breske, Huelsman, Petak, Fitzgerald, Zien, Welch, Rosenzweig, Darling, Panzer, Farrow, Decker, Shibilski and Clausing, cosponsored by Representatives Ott, Ainsworth, Freese, Goetsch, Gronemus, Musser, Ourada, Silbaugh, Skindrud, Albers, Kaufert, Hutchison, Lorge, Gard, Ziegelbauer, Harsdorf, Hahn, Brandemuehl, F. Lasee, Klusman, Prosser and Coleman. Referred to Committee on Transportation, Agriculture and Local Affairs.

SB356,1,14 An Act to repeal 29.092 (9) (hg), 29.092 (9) (hr), 29.093 (9) (gm), 29.093 (9) (gr), 29.58, 29.581 and 97.42 (1) (cm); to renumber and amend 93.07 (10); to amend 29.02 (3m), 29.03 (8), 29.05 (5), 29.05 (6), 29.05 (6m), 29.05 (8) (b), 29.06 (1), 29.06 (2), 29.06 (3), 29.40 (6), 29.42 (4), 29.425 (4m), 29.427 (6), 29.43 (5) (b), 29.44 (3), 29.45 (6), 29.48 (1m), 29.49 (1) (a) (intro.), 29.574 (1m), 29.578 (1m), 29.583 (1), 29.585 (2) (a), 29.59 (1) (f), 29.598 (1), 29.645, 29.99 (15), 97.42 (1) (a), 97.42 (3) (em), 97.42 (4) (em), 97.42 (5) (b), 174.001 (3), 895.57 (3) and 943.75 (3); and to create 29.01 (2r), 29.49 (3), 29.55 (2m), 29.583 (3), 29.586 (4), 93.07 (10) (a), 95.05 and 97.42 (1) (dm) of the statutes; relating to: the exemption of certain farm-raised deer and venison from regulation by the department of natural resources, fencing of farm-raised deer, liability for damages caused by dogs, licensing of establishments that slaughter certain deer and the duties and authority of the department of agriculture, trade and consumer protection concerning domestic animals.

Analysis by the Legislative Reference Bureau

Under current law, the department of natural resources (DNR) regulates the hunting, killing and possession of deer. No distinction exists under current law between deer that are native to this state and nonnative deer, except for certain deer that are of the genus dama or cervus and that are commercially raised for slaughter. These types of deer include fallow deer, red deer and elk. These commercially raised deer are generally exempt from DNR regulation except that a person raising such deer must have a commercial deer license issued by DNR and a person selling meat from such deer must have a venison retailer permit issued by DNR. This bill eliminates the commercial deer farm license and the venison retailer permit. The bill totally exempts fallow and red deer, along with deer of the genus rangifer, which are reindeer, from regulation by DNR regardless of whether they are raised for slaughter. Under the bill, elk that are raised for slaughter or breeding or are kept captive for other purposes are also exempt from DNR regulation. An elk that is found in the wild and that does not have an ear tag or other mark identifying it as being raised on a farm is considered a wild animal for purposes of DNR regulation.

This bill requires a person who keeps fallow deer, red deer or elk to keep them enclosed by a fence not less than 7 feet 10 inches high. The bill requires a person who keeps reindeer to keep them enclosed by a fence not less than 5 feet high.

Under current law, the department of agriculture, trade and consumer protection (DATCP) is required to protect the health of domestic animals and is authorized to establish quarantines and other measures relating to the movement and care of animals in order to carry out this duty. This bill specifies that, for the purposes of DATCP's duty and authority related to the health of domestic animals, fallow deer, red deer, elk and reindeer are domestic animals.

Under current law, an establishment that slaughters fallow deer, red deer or elk is generally required to have a license issued by DATCP and is subject to certain other requirements. This bill applies these licensing and other requirements to an establishment that slaughters reindeer.

Under current law, the owner of a horse, cow, sheep, goat, pig, domestic rabbit, domestic fowl (including game fowl raised in captivity), dog, cat or, under some circumstances, ranch mink that is injured or killed by a dog may file a claim for the damages caused by the dog to his or her animal. Counties pay dog damage claims from the dog license fund.

This bill adds fallow deer, red deer, reindeer and elk to the kinds of animals for which dog damage claims may be filed.

For further information see the state and local 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:

SB356, s. 1 Section 1. 29.01 (2r) of the statutes is created to read:

SB356,3,2 29.01 (2r) "Farm-raised deer" means an animal that is a member of the family cervidae and of the genus dama, the genus rangifer or the genus cervus, except for an elk that is present in the wild and that does not have an ear tag or other mark identifying it as being raised on a farm.

SB356, s. 2 Section 2. 29.02 (3m) of the statutes is amended to read:

SB356,3,6 29.02 (3m) This section does not permit the seizure by the department, or prohibit the possession or sale, of commercially raised farm-raised deer, as defined in s. 95.25 (5m), that are kept in compliance with this chapter.

SB356, s. 3 Section 3. 29.03 (8) of the statutes is amended to read:

SB356,3,9 29.03 (8) Any dog found running deer, except farm-raised deer, at any time, or used in violation of this chapter.

SB356, s. 4 Section 4. 29.05 (5) of the statutes is amended to read:

SB356,3,17 29.05 (5) Opening packages. The department and its wardens may examine and open any package in the possession of a common carrier which they have probable cause to believe contains contraband wild animals in violation of this chapter, or carcasses or parts thereof, or is falsely labeled in violation of this chapter; and every such common carrier, and every agent, servant, or employe thereof, shall permit any such officer to examine and open any such package. Any package so opened shall be restored to its original condition.

SB356, s. 5 Section 5. 29.05 (6) of the statutes is amended to read:

SB356,4,2 29.05 (6) Access to storage places. They For purposes of enforcing this chapter, the department and its wardens shall be permitted by the owner or occupant of any cold storage warehouse or building used for the storage or retention of wild animals, or carcasses or parts thereof, to enter and examine said premises subject to ss. 66.122 and 66.123; and the owner or occupant, or the agent, servant, or employe of the owner, shall deliver to any such officer any wild animal, or carcass or part thereof, in his or her possession during the closed season therefor, whether taken within or without the state.

SB356, s. 6 Section 6. 29.05 (6m) of the statutes is amended to read:

SB356,4,8 29.05 (6m) Access to private land. Agents of For purposes of enforcing this chapter, the department may, after making reasonable efforts to notify the owner or occupant, enter upon private lands to retrieve, diagnose or otherwise determine if there are dead or diseased wild animals upon those lands, and take actions reasonably necessary to prevent the spread of contagious disease in the wild animals.

SB356, s. 7 Section 7. 29.05 (8) (b) of the statutes is amended to read:

SB356,4,17 29.05 (8) (b) Any perishable property seized by the department or its wardens may be sold at the highest available price, and the proceeds of the sale turned into court to await disposition of the proceeds as the court directs. A conservation warden or other officers charged with the enforcement of the laws dealing with the conservation of the natural resources of the state may kill a dog found running, injuring, causing injury to, or killing any deer, other than farm-raised deer, or destroying game birds, their eggs or nests, if immediate action is necessary to protect the deer or game birds, their nests or eggs, from injury or death.

SB356, s. 8 Section 8. 29.06 (1) of the statutes is amended to read:

SB356,6,7 29.06 (1) All confiscated wild animals, or carcasses or parts thereof, that are confiscated by the department and all confiscated apparatus, appliances, equipment, vehicles or devices shall, if not destroyed as authorized by law, be sold at the highest price obtainable, by the department or its wardens, or by an agent on commission under the written authority and supervision of the department. The net proceeds of such the sales, after deducting the expense of seizure and sale and any such commissions, shall be promptly remitted by the warden by whom or under whose authority and supervision the sales are made, to the department; the remittance to be accompanied by a complete and certified report of such the sales, supported by proper vouchers covering all deductions made for expenses and commissions, to be filed with the department. Of the remittance from such the sales of confiscated apparatus, appliances, equipment, vehicles or devices, 18% shall be paid into the conservation fund to reimburse it for expenses incurred in seizure and sale, and the remaining 82% shall be paid into the common school fund. In the case of the proceeds from the sale of a confiscated motor vehicle if the holder of a security interest perfected by filing with such the motor vehicle as security, satisfies (and the burden of proof shall be upon the holder of a security interest) proves to the court, or after judgment of confiscation, to the department, that the violation that led to such the confiscation was not with his or her knowledge, consent or connivance or with that of some person employed or trusted by the holder of a security interest, there shall also be deducted the amount due under the security agreement from the proceeds of such the sale and the amount due shall be paid to the one entitled; in case a sufficient amount does not remain for such purpose after the other deductions then the amount remaining shall be paid. The department shall make a reasonable effort within 10 days after seizure to ascertain if a security interest in the seized motor vehicle exists, and shall within 10 days after obtaining actual or constructive notice of such any security interest give the secured party notice of the time and place when there is to be any proceeding before the court or the judge pertaining to such the confiscation and shall also give such the secured party at least 10 days' notice of the time and place of sale. Constructive notice shall be limited to security interests perfected by filing. In all such cases the time of sale of the confiscated motor vehicle shall be within 20 days after judgment of confiscation provided in s. 29.05 (8). The provisions of s. 973.075 (1) (b) 1. to 3. and (5) apply to vehicles other than motor vehicles under this subsection. This subsection shall not apply to a deer killed, or so injured that it must be killed, by a collision with a motor vehicle on a highway. Such deer carcass shall be released free of charge to the motor vehicle operator under s. 29.40 (5) by the department or its agent, but shall be retained by the department or its agent if the motor vehicle operator declines to accept the carcass. For purposes of this subsection, "deer" does not include farm-raised deer.

SB356, s. 9 Section 9. 29.06 (2) of the statutes is amended to read:

SB356,6,15 29.06 (2) On any such sales under this section of wild animals, or carcasses or parts thereof, the warden or agent selling them shall issue to each purchaser a certificate, on forms to be prepared and furnished by the department, covering such sales. The wild animals, or carcasses or parts thereof, so purchased shall be consumed or otherwise disposed of by the purchaser within a period to be set by the department, but shall not be resold, bartered, or exchanged, in whole or in part, to any other person, except as provided in sub. (3).

SB356, s. 10 Section 10. 29.06 (3) of the statutes is amended to read:

SB356,6,23 29.06 (3) Confiscated fish or game sold under this section to the keeper, manager, or steward of any restaurant, club, hotel, or boarding house may be served to the guests thereof; but in such case the certificate covering the purchase shall be hung in public view in the place where the fish or game is served, and such fish or game shall at the time of sale be tagged by the warden or agent selling it, such tag to show the date of sale and be returned to said warden or agent within 5 days thereafter.

SB356, s. 11 Section 11. 29.092 (9) (hg) of the statutes is repealed.

SB356, s. 12 Section 12. 29.092 (9) (hr) of the statutes is repealed.

SB356, s. 13 Section 13. 29.093 (9) (gm) of the statutes is repealed.

SB356, s. 14 Section 14. 29.093 (9) (gr) of the statutes is repealed.

SB356, s. 15 Section 15. 29.40 (6) of the statutes is amended to read:

SB356,7,5 29.40 (6) (title) Commercially raised Farm-raised deer. This section does not apply to commercially raised farm-raised deer, as defined in s. 95.25 (5m).

SB356, s. 16 Section 16. 29.42 (4) of the statutes is amended to read:

SB356,7,10 29.42 (4) (title) Commercially raised Farm-raised deer. This section does not permit the seizure by the department, or prohibit the possession or sale, of commercially raised farm-raised deer, as defined in s. 95.25 (5m), that are kept in compliance with this chapter.

SB356, s. 17 Section 17. 29.425 (4m) of the statutes is amended to read:

SB356,7,13 29.425 (4m) Applicability. This section does not apply to commercially raised farm-raised deer, as defined in s. 95.25 (5m).

SB356, s. 18 Section 18. 29.427 (6) of the statutes is amended to read:

SB356,7,18 29.427 (6) Destruction. A person may kill at any time a wild skunk which is a nuisance to activities authorized under s. 29.55, 29.572, 29.574, 29.575, 29.578, 29.58 or 29.585. A person who kills an adult wild skunk with young shall attempt to kill the young skunks.

SB356, s. 19 Section 19. 29.43 (5) (b) of the statutes is amended to read:

SB356,7,22 29.43 (5) (b) Subsections (1) to (4) do not apply to the possession, transportation, delivery or receipt of commercially raised farm-raised deer, as defined in s. 95.25 (5m).

SB356, s. 20 Section 20. 29.44 (3) of the statutes is amended to read:

SB356,8,3 29.44 (3) Subsection (1) does not apply to the possession, transportation, delivery or receipt of commercially raised farm-raised deer, as defined in s. 95.25 (5m).

SB356, s. 21 Section 21. 29.45 (6) of the statutes is amended to read:

SB356,8,6 29.45 (6) This section does not apply to the transportation of commercially raised farm-raised deer, as defined in s. 95.25 (5m).

SB356, s. 22 Section 22. 29.48 (1m) of the statutes is amended to read:

SB356,8,9 29.48 (1m) Subsection (1) does not apply to commercially raised farm-raised deer, as defined in s. 95.25 (5m).

SB356, s. 23 Section 23. 29.49 (1) (a) (intro.) of the statutes is amended to read:

SB356,8,14 29.49 (1) (a) (intro.) Except as provided in ss. s. 29.52 and 29.581, no innkeeper, manager or steward of any restaurant, club, hotel, boarding house, tavern, logging camp or mining camp may sell, barter, serve or give, or cause to be sold, bartered, served or given to the guests or boarders thereof:

SB356, s. 24 Section 24. 29.49 (3) of the statutes is created to read:

SB356,8,17 29.49 (3) Exemption. This section does not apply to the meat from farm-raised deer.

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: