AB514: Bill Text

AB514,58,5 (a) Any animal that is possessed, taken, introduced, stocked, released, exhibited, propagated, rehabilitated, hunted, sold or purchased in violation of this chapter.

AB514,58,11 (b) Any dead, dying or sick wild animal that has been exposed to or is known to be infected with a contagious or infectious disease as defined in the rules promulgated by the department of agriculture, trade and consumer protection under s. 95.001 (2), with a reportable disease as designated by the department of natural resources under s. 22.41 (2) or with a disease or parasite that has pathological significance to humans or to any animals.

AB514,58,16 (c) Any wild animal that has escaped and that has not been returned to its owner or other person authorized to possess the wild animal. The department may not dispose of the wild animal until 72 hours have elapsed after the escape unless the department determines that the wild animal poses a risk to public safety or to the health of other animals.

AB514,58,17 (d) Any wild animal housed or held in an inhumane manner.

AB514,58,24 (2) Entry violations. The department shall notify the owner of a wild animal that has entered this state in violation of s. 22.35 or that is in violation of a quarantine order issued under s. 22.38 that the owner has an opportunity to comply with s. 22.35 or the quarantine order issued under s. 22.38 within a given number of days as specified by the department in the notice. If the owner fails to comply within the specified number of days, the department may seize and dispose of the wild animal or order the disposal of the wild animal or its removal from this state.

AB514,59,3 (3) Expense of disposal. The owner of a wild animal that is disposed of or removed by the department under this section shall reimburse the department for its expenses incurred in the disposal or removal.

AB514,59,7 22.40 Local ordinances. (1) Strict conformity; exception. (a) A city, village, town or county may enact and enforce an ordinance relating to possessing or selling live wild animals. Except as provided in par. (b), the ordinance shall be in strict conformity with this chapter.

AB514,59,8 (b) An ordinance enacted under this section may do any of the following:

AB514,59,10 1. Prohibit any person or certain groups of persons from possessing certain types of live captive wild animals.

AB514,59,12 2. Prohibit any person or certain groups of persons from selling certain types of live captive wild animals.

AB514,59,24 (2) Department approval. The department shall review and shall approve or disapprove any ordinance proposed to be enacted under sub (1) (b). The department shall disapprove a proposed ordinance if it determines that the ordinance fails to comply with the requirements under sub. (1). The city, village, town or county clerk shall submit the proposed ordinance in writing to the department at least 60 days before final action on the ordinance by the city, village, town or county. No later than 20 days after receipt by the department of the proposed ordinance, the department shall notify the clerk of the city, village, town or county in writing of its decision whether to approve or disapprove the ordinance. If the department disapproves the proposed ordinance, the written notification shall include a written decision giving the grounds for the disapproval and suggesting any changes in the ordinance that would result in the ordinance being approved by the department.

AB514,60,3 22.41 Rules by the department. (1) Domesticated animals. The department shall promulgate rules specifying which animals are domesticated animals for purposes of s. 22.01 (14) (b).

AB514,60,5 (2) Reportable diseases. The department may promulgate rules listing reportable diseases for purposes of this chapter and s. 29.535.

AB514,60,7 (3) Introduction requirements. (a) The department may promulgate rules to establish the following:

AB514,60,9 1. Additional requirements that wild animals shall meet before they enter this state.

AB514,60,11 2. Additional requirements that any animals shall meet before they may introduced, stocked or released into the wild.

AB514,60,13 (b) The requirements under par. (a) may include mandatory testing of the animals for disease.

AB514,60,16 (4) Certificates. The department may promulgate rules that establish the information that is required for issuing, and that shall be provided on, interstate health certificates and certificates of veterinary inspection.

AB514,60,19 22.42 Penalties; revocations. (1) Definition. In this section, "violation of this chapter" means a violation of this chapter or any rule promulgated under this chapter.

AB514,60,21 (2) Penalties. For a violation of this chapter, a person shall be subject to a forfeiture of not more than $200, except as follows:

AB514,60,24 (a) Possession. For possessing any live wild animal, or a carcass of a wild animal, in violation of this chapter, a person shall forfeit not less than $100 nor more than $500.

AB514,61,3 (b) Sale or purchase. For selling or purchasing any live wild animal in violation of this chapter, a person shall be fined not less than $100 nor more than $2,000 or imprisoned for not more than 6 months or both.

AB514,61,7 (c) Possession, sale, release and descenting of live skunks. For possessing, selling, purchasing, descenting, introducing, stocking or releasing into the wild a live skunk in violation of this chapter, a person shall forfeit not less than $100 nor more than $1,000. This penalty shall apply in lieu of the penalties under pars. (a) and (b).

AB514,61,10 (d) Taking of bear and deer. For taking bear or deer from the wild in violation of s. 22.04, or a rule promulgate thereunder, a person shall be fined not less than $1,000 nor more than $2,000 or imprisoned for not more than 6 months or both.

AB514,61,14 (e) Diseased and environmentally injurious wild animals. For a violation of s. 22.11 (2) (b) or (c) or 22.37 (1) or a quarantine order issued under s. 22.38, a person shall be fined not less than $500 nor more than $5,000 or imprisoned for not more than 6 months or both.

AB514,61,17 (f) Selling or purchasing venison from white-tailed deer. For violation of s. 22.13 (1) or (2) or rules promulgated thereunder, a person shall be fined not less than $1,000 nor more than $2,000 or imprisoned for not more than 6 months or both.

AB514,61,21 (g) Obtaining license during period of revocation. For obtaining any license under this chapter during the period of time when that license is revoked or suspended by any court, a person shall be fined not more than $200 or imprisoned for not more than 90 days or both.

AB514,61,24 (3) Diminished penalties. No penalty imposed under sub. (2) shall be held to be diminished because the violation for which it is imposed falls also within the scope of a more general prohibition.

AB514,62,5 (4) Penalties; repeaters. If a person is convicted of any violation of this chapter and it is alleged in the indictment, information or complaint, and proved or admitted on trial or ascertained by the court after conviction that the person was previously convicted within a period of 5 years for a violation of this chapter, the person shall be subject to all of the following in addition to the penalty for the current violation:

AB514,62,7 (a) The person shall be fined not more than $100 or imprisoned for not more than 6 months or both.

AB514,62,11 (b) For violations under sub. (2) (a), (b), (d) and (e), the court shall revoke all of the licenses issued to the person under this chapter, and the department may not issue any license under this chapter to the person for a period of one year after the current conviction.

AB514,62,14 (5) Court revocations and suspensions. In addition to or in lieu of any other penalty for violation of this chapter, the court may revoke or suspend any privilege or license under this chapter for a period of up to 3 years.

AB514,62,17 (6) Revocations by the department. In addition to the revocation proceeding under sub. (4), the department may revoke any license to which any of the following applies:

AB514,62,19 (a) The department determines that the license was fraudulently procured, erroneously issued or otherwise prohibited by law.

AB514,62,21 (b) The department determines that the person holding the license is not in compliance with this chapter or with a rule promulgated under this chapter.

AB514,63,2 (7) Prohibitions during periods of suspension or revocation. (a) Any person who has had an approval or privilege under this chapter revoked or suspended and who engages in the activity authorized by the approval or in the privilege during the period of revocation or suspension is subject to the following penalties, in addition to any other penalty imposed for failure to have an approval:

AB514,63,4 1. For the first conviction, the person shall forfeit not less than $300 nor more than $500.

AB514,63,6 2. If the number of convictions in a 5-year period equals 2 or more, the person shall be fined not less than $500 nor more than $1,000.

AB514,63,8 (b) The 5-year period under par. (a) 2. shall be measured from the dates of the violations which resulted in the convictions.

AB514,63,13 (8) Parties to a violation. (a) Whoever is concerned in the commission of a violation of this chapter is a principal and may be charged with and convicted of the violation of this chapter although he or she did not directly commit it and although the person who directly committed it has not been convicted of the violation of this chapter.

AB514,63,15 (b) A person is concerned in the commission of the violation of this chapter if the person does any of the following:

AB514,63,16 1. Directly commits the violation of this chapter.

AB514,63,17 2. Aids and abets the commission of the violation of this chapter.

AB514,63,19 3. Is a party to a conspiracy with another to commit the violation of this chapter or advises, hires or counsels or otherwise procures another to commit it.

AB514,63,24 22.43 Natural resources assessments and restitution payments. (1) Natural resources assessments. (a) If a court imposes a fine or forfeiture for a violation of this chapter or a rule promulgated under this chapter, the court shall impose a natural resources assessment equal to 75% of the amount of the fine or forfeiture.

AB514,64,2 (b) If a fine or forfeiture is suspended in whole or in part, the natural resources assessment shall be reduced in proportion to the suspension.

AB514,64,8 (c) If any deposit is made for an offense to which this subsection applies, the person making the deposit shall also deposit a sufficient amount to include the natural resources assessment prescribed in this subsection. If the deposit is forfeited, the amount of the natural resources assessment shall be transmitted to the state treasurer under par. (d). If the deposit is returned, the natural resources assessment shall also be returned.

AB514,64,13 (d) The clerk of the court shall collect and transmit to the county treasurer the natural resources assessment and other amounts required under s. 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer as provided in s. 59.25 (3) (f) 2. The state treasurer shall deposit the amount of the natural resources assessment in the conservation fund.

AB514,64,15 (e) All moneys collected from natural resources assessments shall be deposited in the conservation fund and credited to the appropriation under s. 20.370 (3) (mu).

AB514,64,20 (2) Natural resources restitution payments. (a) If a court imposes a fine or forfeiture for a violation of this chapter for failure to obtain a license required under this chapter, the court shall impose a natural resources restitution payment equal to the amount of the fee for the license that was required and should have been obtained.

AB514,64,23 (b) If a fine or forfeiture is suspended in whole or in part, the natural resources restitution payment shall be reduced in proportion to the suspension unless the court directs otherwise.

AB514,65,4 (c) If any deposit is made for an offense to which this subsection applies, the person making the deposit shall also deposit a sufficient amount to include the natural resources restitution payment prescribed in this subsection. If the deposit is forfeited, the amount of the natural resources restitution payment shall be transmitted to the state treasurer under par. (d). If the deposit is returned, the natural resources restitution payment shall also be returned.

AB514,65,9 (d) The clerk of the court shall collect and transmit to the county treasurer the natural resources restitution payment and other amounts required under s. 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer as provided in s. 59.25 (3) (f) 2. The state treasurer shall deposit the amount of the natural resources restitution payment in the conservation fund.

AB514,65,12 (e) All moneys collected from natural resources restitution payments shall be deposited in the conservation fund and credited to the appropriation account under s. 20.370 (3) (mu).

AB514, s. 4 Section 4. 23.09 (2) (f) of the statutes is amended to read:

AB514,65,16 23.09 (2) (f) (title) Propagation, game and fish. Capture, propagate, transport, sell or exchange any species of game or fish needed for stocking or restocking any lands or waters of the state.

AB514, s. 5 Section 5. 23.50 (1) of the statutes is amended to read:

AB514,66,5 23.50 (1) The procedure in ss. 23.50 to 23.85 applies to all actions in circuit court to recover forfeitures, penalty assessments, jail assessments, applicable weapons assessments, applicable environmental assessments, applicable wild animal protection assessments, applicable natural resources assessments, applicable fishing shelter removal assessments, applicable snowmobile registration restitution payments and applicable natural resources restitution payments for violations of ss. 77.09, 134.60, 144.783 [299.64] (2), 167.10 (3), 167.31 (2), 281.48 (2) to (5), 283.33, 285.57 (2), 285.59 (2), (3) (c) and (4), 287.07, 287.08 and 287.81, subch. VI of ch. 77, this chapter and, ch. 22, chs. 26 to 31 and of ch. 350, and any administrative rules promulgated thereunder, violations of ch. 951 if the animal involved is a captive wild animal, violations of rules of the Kickapoo valley reserve management board under s. 41.41 (7) (k) or violations of local ordinances enacted by any local authority in accordance with s. 23.33 (11) (am) or 30.77.

AB514, s. 6 Section 6. 23.50 (3) of the statutes is amended to read:

AB514,66,14 23.50 (3) All actions in municipal court to recover forfeitures, penalty assessments and jail assessments for violations of local ordinances enacted by any local authority in accordance with s. 23.33 (11) (am) or 30.77 shall utilize the procedure in ch. 800. The actions shall be brought before the municipal court having jurisdiction. Provisions relating to citations, arrests, questioning, releases, searches, deposits and stipulations of no contest in ss. 23.51 (1) (1m), (3) and (8), 23.53, 23.54, 23.56 to 23.64, 23.66 and 23.67 shall apply to violations of such ordinances.

AB514, s. 7 Section 7. 23.51 (1) of the statutes is renumbered 23.51 (1m).

AB514, s. 8 Section 8. 23.51 (1d) of the statutes is created to read:

AB514,66,17 23.51 (1d) "Captive" has the meaning given in s. 22.01 (5).

AB514, s. 9 Section 9. 23.51 (5) of the statutes is amended to read:

AB514,66,20 23.51 (5) "Natural resources restitution payment" means the payment imposed under s. 22.43 (2) or 29.998.

AB514, s. 10 Section 10. 23.51 (9m) of the statutes is created to read:

AB514,66,22 23.51 (9m) "Wild animal" has the meaning given in s. 22.01 (74).

AB514, s. 11 Section 11. 23.65 (1) of the statutes is amended to read:

AB514,67,4 23.65 (1) When it appears to the district attorney that a violation of s. 134.60, 144.783 (2) [299.64 (2)], 281.48 (2) to (5), 283.33, 285.57 (2), 285.59 (2), (3) (c) and (4), 287.07, 287.08 or 287.81, this chapter or ch. 22, 26, 27, 28, 29, 30, 31 or 350, violations of ch. 951 if the animal involved is a captive wild animal, or any administrative rule promulgated pursuant thereto, has been committed the district attorney may proceed by complaint and summons.

AB514, s. 12 Section 12. 23.795 (3) of the statutes is created to read:

AB514,67,8 23.795 (3) In lieu of an order of imprisonment under sub. (1) (a) for a violation of ch. 22, the court may revoke or suspend any privilege or license granted under ch. 22 as provided in s. 22.42 (5).

AB514, s. 13 Section 13. 25.29 (1) (a) of the statutes is amended to read:

AB514,67,14 25.29 (1) (a) Except as provided in s. 25.295, all moneys accruing to the state for or in behalf of the department under chs. 22, 26, 27, 28, 29 and 350, subchs. I and VI of ch. 77 and ss. 23.09 to 23.42, 23.50 to 23.99, 30.50 to 30.55, 70.58 and 71.10 (5), including grants received from the federal government or any of its agencies except as otherwise provided by law.

AB514, s. 14 Section 14. 25.29 (4m) of the statutes is amended to read:

AB514,67,19 25.29 (4m) Notwithstanding sub. (3), no moneys that accrue to the state for or in behalf of the department under ch. 22 or 29 may be expended or paid for the enforcement of the treaty-based, off-reservation rights to fish held by members of federally recognized American Indian tribes or bands domiciled in Wisconsin.

AB514, s. 15 Section 15. 29.02 (4) of the statutes is created to read:

AB514,67,22 29.02 (4) This section does not apply to wild animals that are subject to regulation under ch. 22.

AB514, s. 16 Section 16. 29.03 (8) of the statutes is amended to read:

AB514,67,25 29.03 (8) Any dog found running deer, except farm-raised deer or deer subject to regulation under ch. 22, at any time, or used in violation of this chapter.

AB514, s. 17 Section 17. 29.05 (8) (a) of the statutes is amended to read:

AB514,68,17 29.05 (8) (a) The department and its wardens shall seize and hold subject to the order of the court for the county in which the alleged offense was committed, any apparatus, appliance, equipment, vehicle or device, declared by this chapter to be a public nuisance, which they have probable cause to believe is being used in violation of this chapter, an administrative rule promulgated under this chapter or s. 167.31, 287.81, 940.24, 941.20, 948.60, 948.605 or 948.61, is being used in the commission of a crime involving an animal normally found in the wild in violation of s. 951.09 or is being used in the commission of a crime relating to a submerged cultural resource in violation of s. 44.47. If it is proven that within 6 months previous to the seizure the apparatus, appliance, equipment, vehicle or device was used in violation of this chapter or an administrative rule promulgated under this chapter or s. 167.31, 287.81, 940.24, 941.20, 948.60, 948.605 or 948.61, was used in the commission of a crime involving an animal normally found in the wild in violation of s. 951.09 or was used in the commission of a crime relating to a submerged cultural resource in violation of s. 44.47, it shall be confiscated if the court directs in its order for judgment.

AB514, s. 18 Section 18. 29.05 (8) (b) of the statutes is amended to read:

AB514,69,2 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 deer subject to regulation under ch. 22, 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.

AB514, s. 19 Section 19. 29.09 (1) of the statutes is amended to read:

AB514,69,11 29.09 (1) License or other approval required for hunting, trapping or fishing. Except as specifically provided otherwise by ch. 22 or s. 29.155 (1g) and (1h) or another section of this chapter, no person may hunt any wild animal, trap any game or fish for fish in the waters of this state unless the appropriate approval is issued to the person. A person shall carry the required approval with him or her at all times while hunting, trapping or fishing unless otherwise required by another section of this chapter or unless otherwise authorized or required by the department. A person shall exhibit the approval to the department or its wardens on demand.

AB514, s. 20 Section 20. 29.092 (9) of the statutes is repealed.

AB514, s. 21 Section 21. 29.092 (15) (a) of the statutes is amended to read:

AB514,69,17 29.092 (15) (a) Issuing fee generally. In addition to the fees specified for licenses and stamps under subs. (2) to (9) (8), (11) and (13) and any surcharge fee imposed under sub. (14), a person who applies for a license or stamp or for a duplicate license or stamp issued under this chapter shall pay an issuing fee.

AB514, s. 22 Section 22. 29.092 (15) (f) of the statutes is amended to read: