AB514: Bill Text Engrossed

LRB-5162/1

MGG&RCT:kmg:ch

1997 - 1998 LEGISLATURE

Engrossed 1997 Assembly BILL 514

March 24, 1998 - Printed by direction of Senate Chief Clerk.

AB514-engrossed,2,4 An Act to repeal 29.092 (9), 29.093 (9), 29.255, 29.425 (title), 29.425 (1), 29.425 (2), 29.425 (3), 29.425 (4m), 29.427 (title), 29.427 (1), 29.427 (2), 29.427 (3), 29.427 (4) (title), 29.427 (5), 29.427 (6), 29.427 (7), 29.54 (1), 29.55, 29.565, 29.572, 29.573, 29.574, 29.575, 29.578, 29.579, 29.585, 29.586 and 29.605; to renumber 23.51 (1) and 29.54 (2); to renumber and amend 29.41, 29.42 (2), 29.425 (4), 29.425 (5) and 29.427 (4); to amend 20.370 (1) (mu), 20.370 (3) (mu), 23.09 (2) (f), 23.50 (1), 23.50 (3), 23.51 (5), 23.65 (1), 25.29 (1) (a), 25.29 (4m), 29.03 (8), 29.05 (8) (a), 29.05 (8) (b), 29.09 (1), 29.092 (15) (a), 29.092 (15) (f), 29.1025 (1) (c), 29.136 (4), 29.17 (1), 29.245 (5) (b) 3., 29.40 (2), 29.40 (6), 29.42 (1), 29.43 (5) (b), 29.44 (3), 29.45 (6), 29.46 (5), 29.49 (3), 29.535 (title), 29.535 (1) (a) 1., 29.535 (1) (a) 2., 29.535 (1) (c), 29.535 (2) (a), 29.535 (2) (b), 29.54 (title), 29.583 (1), 29.59 (1) (f), 29.598 (1), 29.645, 29.65 (1) (intro.), 59.25 (3) (f) 2., 59.40 (2) (m), 167.31 (4) (b), 814.60 (2) (e), 895.57 (3), 943.75 (3), 951.015, 951.09, 951.16, 951.18 (4) (a) 2., 951.18 (4) (b) 1. and 973.05 (1); and to create chapter 22, 23.51 (1d), 23.51 (9m), 23.795 (3), 29.02 (4), 29.134 (10m), 29.174 (16), 29.41 (2), 29.42 (2) (b), 29.42 (5), 29.48 (7), 29.535 (1) (g), 951.01 (1m) and 951.15 (5) of the statutes; relating to: the possession of wild animals, granting rule-making authority, making appropriations and providing penalties.

Analysis by the Legislative Reference Bureau

Engrossment information:

The text of Engrossed 1997 Assembly Bill 514 consists of the following documents adopted in the assembly on March 19, 1998: the bill as affected by Assembly Amendment 1, Assembly Amendment 2, Assembly Amendment 3, Assembly Amendment 4, Assembly Amendment 5, Assembly Amendment 6, Assembly Amendment 7, Assembly Amendment 8, Assembly Amendment 9, Assembly Amendment 10 and Assembly Amendment 11. The text also includes the February 11, 12 and 16 and March 20, 1998, chief clerk's corrections to the bill and to Assembly Amendments 4 and 5.

Assembly amendment 2 deleted from the bill the entire text of section 22.34 and substituted new text. Consequently, the treatment of section 22.34 by item 51 of Assembly Amendment 4 could not be given effect. In 3 cases, more than one amendment added identical text to the bill. In each case, the engrossed bill reflects the effect of just one of the amendments.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB514-engrossed, s. 1 Section 1. 20.370 (1) (mu) of the statutes is amended to read:

AB514-engrossed,2,8 20.370 (1) (mu) General program operations — state funds. The amounts in the schedule for general program operations under ss. 23.09 to 23.11, 27.01, 30.203 and 30.277, subch. VI of ch. 77 and chs. 22, 26, 28 and 29.

AB514-engrossed, s. 2 Section 2. 20.370 (3) (mu) of the statutes is amended to read:

AB514-engrossed,2,13 20.370 (3) (mu) General program operations — state funds. The amounts in the schedule for law enforcement operations under ss. 23.09 to 23.11 and 166.04 and chs. 22, 29 and 30 and for review of environmental impact requirements under ss. 1.11 and 23.40.

AB514-engrossed, s. 3 Section 3. Chapter 22 of the statutes is created to read:

AB514-engrossed,3,2 Chapter 22

AB514-engrossed,3,3 Captive wildlife

AB514-engrossed,3,4 22.01 Definitions. In this chapter:

AB514-engrossed,3,7 (1) "Animal" means any mammal or any bird, reptile, amphibian, mollusk, arthropod or egg thereof, except that "animal" does not include any mollusk, arthropod or egg thereof regulated under ch. 93 or 94.

AB514-engrossed,3,8 (5) "Captive" means any of the following:

AB514-engrossed,3,9 (a) Restrained by a cage, pen, fence or other enclosure.

AB514-engrossed,3,11 (b) Restrained by physical alterations that limit movement or facilitate capture.

AB514-engrossed,3,12 (c) Restrained by a leash or a tether or otherwise tied.

AB514-engrossed,3,14 (d) Held in a controlled environment that is designed to prevent the departure from the controlled environment.

AB514-engrossed,3,16 (6) "Carcass" means the dead body of any wild animal including the head, hair, skin, plumage, skeleton, meat or any other part thereof.

AB514-engrossed,3,19 (9) "Circus" means a scheduled event staged by a traveling company with mobile facilities in which entertainment consisting of a variety of performances by acrobats, clowns or trained animals is the primary attraction or principal business.

AB514-engrossed,3,20 (10) "Conservation warden" means a warden appointed under s. 23.10.

AB514-engrossed,3,21 (13) "Department" means the department of natural resources.

AB514-engrossed,3,25 (14) "Domesticated animal" means farm-raised deer, a pet bird that is either a psittacine or a softbill and is not native, is not endangered or threatened and is not a migratory bird on the list in 50 CFR 10.13 that is promulgated under 16 USC 701 to 715s or an animal that is all of the following:

AB514-engrossed,4,4 (a) An animal that, due to a long association with humans, has been bred to a degree that results in changes affecting the animal's temperament, color, conformation or other attribute of the species to an extent that it makes the animal unique and distinguishable from a wild animal of its species.

AB514-engrossed,4,5 (b) Listed as a domesticated animal by rule by the department.

AB514-engrossed,4,6 (15) "Dressed fur" has the meaning given in s. 29.134 (1) (a).

AB514-engrossed,4,10 (16) "Endangered or threatened species" means those species of wild animals that are indigenous to the United States or Canada and are identified on the federal list of endangered and threatened species or on the Wisconsin list of endangered and threatened species.

AB514-engrossed,4,13 (18) "Environmentally injurious wild animal" means a species of wild animal that is not a native wild animal and that is capable of inflicting harm to the environment.

AB514-engrossed,4,15 (19) "Exhibit" means to display for the purpose of public viewing, regardless of whether a fee is charged.

AB514-engrossed,4,16 (20) "Farm-raised deer" has the meaning given in 95.001 (1) (a).

AB514-engrossed,4,17 (22) "Free-roaming" means not captive.

AB514-engrossed,4,20 (23) "Fur-bearing wild animal" includes badger, beaver, bobcat, coyote, fisher, red fox, gray fox, lynx, marten, mink, muskrat, opossum, otter, raccoon, skunk, weasel and wolf.

AB514-engrossed,4,24 (27) "Harm to the environment" includes adversely affecting the natural population dynamics of wild animals or wild plants, adversely affecting the habitat of wild animals or wild plants or displacing wild animals or wild plants from any part of their habitat.

AB514-engrossed,5,2 (28) "Inherently dangerous wild animal" means a species of wild animal that is capable of inflicting severe bodily harm to a human.

AB514-engrossed,5,5 (29) "Introduce" means to release for the purpose of allowing the animal to establish a population in an area in the wild where that type of animal is not naturally present at the time the wild animal is released.

AB514-engrossed,5,6 (31) "License year" means the year during which a license is valid.

AB514-engrossed,5,8 (40) "Native" means indigenous and occurring or having occurred naturally within the boundaries of this state.

AB514-engrossed,5,9 (41) "Nonnative wild animal" means a wild animal that is not native.

AB514-engrossed,5,10 (42) "Nonresident" means a person who is not a resident of this state.

AB514-engrossed,5,12 (46) "Person" means any individual, partnership, firm, joint stock company, corporation, association, trust, estate or other legal entity.

AB514-engrossed,5,13 (50) "Possess" means to own, control, restrain, transport or keep.

AB514-engrossed,5,15 (51) "Propagate" means to breed, encourage or facilitate for the purpose of generating offspring.