AB684: Bill Text

AB684, s. 134 Section 134. 173.23 (1) (bn) of the statutes is created to read:

AB684,97,14 173.23 (1) (bn) If licensure of the owner of a wild animal that is subject to regulation under ch. 22 is required under ch. 22, the owner is licensed or assurance of licensure by prepayment is given.

AB684, s. 135 Section 135. 173.23 (1m) (intro.) of the statutes, as created by 1997 Wisconsin Act 192, is amended to read:

AB684,97,20 173.23 (1m) Unclaimed animals. (intro.) A political subdivision or a person contracting under s. 173.15 (1) custodial entity that has custody of an animal considered unclaimed under sub. (5) (c) or (6) or s. 173.13 (3) (c) or 173.19 or an unwanted animal may do any of the following:

AB684, s. 136 Section 136. 173.23 (1m) (a) 2. of the statutes, as created by 1997 Wisconsin Act 192, is amended to read:

AB684,97,24 173.23 (1m) (a) 2. If licensure of the animal is required by statute or ordinance, the animal is licensed or assurance of licensure is given by evidence of prepayment.

AB684, s. 137 Section 137. 173.23 (1m) (a) 2m. of the statutes, as created by 1997 Wisconsin Act 192, is created to read:

AB684,98,5 173.23 (1m) (a) 2m. If licensure of the owner of a wild animal that is subject to regulation under ch. 22 is required under ch. 22, the owner is licensed or assurance of licensure by prepayment is given.

AB684, s. 138 Section 138. 173.23 (1m) (a) 4. of the statutes, as created by 1997 Wisconsin Act 192, is amended to read:

AB684,98,10 173.23 (1m) (a) 4. Any charges imposed by the political subdivision or person contracting under s. 173.15 (1) custodial entity for custody, care, vaccination and treatment are paid or waived.

AB684, s. 139 Section 139. 173.23 (2) of the statutes, as created by 1997 Wisconsin Act 192, is amended to read:

AB684,98,17 173.23 (2) Animals not returned to owner. If an animal in the custody of a political subdivision or the department of natural resources, other than an animal to which sub. (1m) applies, is not returned to the owner under sub. (1) or (5) (b) or s. 173.12 (2), 173.21 (4) or 173.22 or disposed of under sub. (4) or (5) (a) or s. 173.12 (3), it shall be disposed of under a court order under sub. (3) or s. 951.18 (4).

AB684, s. 140 Section 140. 173.23 (3) (a) (intro.) of the statutes, as created by 1997 Wisconsin Act 192, is amended to read:

AB684,98,25 173.23 (3) (a) (intro.) A political subdivision or the department of natural resources may petition the circuit court for an order doing any of the following with respect to an animal taken into custody by a law enforcement officer or a humane officer or on behalf of the political subdivision under s. 173.13 or the department of natural resources under s. 22.42 or with respect to an animal withheld under s. 173.21 (1):

AB684, s. 141 Section 141. 173.23 (3) (c) of the statutes, as created by 1997 Wisconsin Act 192, is amended to read:

AB684,99,5 173.23 (3) (c) The political subdivision or the department of natural resources shall serve a copy of the petition, in the manner provided in s. 801.11, upon the owner of the animal, if known.

AB684, s. 142 Section 142. 173.23 (3) (e) of the statutes, as created by 1997 Wisconsin Act 192, is amended to read:

AB684,99,11 173.23 (3) (e) The court shall issue its order after hearing and may grant, modify and grant or deny the petitioned-for relief, after considering the interests of the animal, the owner of the animal, the political subdivision or the department of natural resources and the public.

AB684, s. 143 Section 143. 173.23 (4) of the statutes, as created by 1997 Wisconsin Act 192, is amended to read:

AB684,99,17 173.23 (4) Injured or dangerous animals. A political subdivision or person contracting under s. 173.15 (1) custodial entity who has custody of an animal may have the animal euthanized if there are reasonable grounds to believe that any of the following apply applies:

AB684, s. 144 Section 144. 173.23 (5) (a) of the statutes, as created by 1997 Wisconsin Act 192, is amended to read:

AB684,99,24 173.23 (5) (a) A political subdivision or person contracting under s. 173.15 (1) custodial entity that has custody of an animal that was not confined as required by a quarantine order issued under any statute, rule or ordinance relating to the control of any animal disease shall confine the animal for the duration of the quarantine or shall euthanize the animal with the written permission of the owner or, if the animal is determined to be diseased, at the direction of the person issuing the quarantine order.

AB684, s. 145 Section 145. 173.23 (5) (b) of the statutes, as created by 1997 Wisconsin Act 192, is amended to read:

AB684,100,11 173.23 (5) (b) Unless the person issuing the quarantine order directs that the animal be euthanized because it is diseased, at the end of the quarantine period the political subdivision or person contracting under s. 173.15 (1) custodial entity shall return the animal to its owner if the owner complies with sub. (1) (a) to (d) no later than the 7th day after the day on which the political subdivision or person contracting under s. 173.15 (1) custodial entity demands that the owner claim the animal and pay for its custody, care and treatment.

AB684, s. 146 Section 146. 173.25 of the statutes, as created by 1997 Wisconsin Act 192, is amended to read:

AB684,100,19 173.25 Immunity for euthanizing animals. A political subdivision, a person contracting under s. 173.15 (1) custodial entity, a humane officer or, a law enforcement officer or a conservation warden who has reasonable grounds to believe that s. 173.23 (1m) (c), (4) or (5) or a court order issued under s. 173.23 (3) authorize authorizes an animal to be euthanized is not liable for damages for the loss of the animal resulting from euthanizing the animal.

AB684, s. 147 Section 147. 814.60 (2) (e) of the statutes is amended to read:

AB684,100,22 814.60 (2) (e) Natural resources restitution payment imposed by s. 22.46 (2) (d) or 29.989.

AB684, s. 148 Section 148. 895.57 (3) of the statutes is amended to read:

AB684,101,5 895.57 (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. 29.865, 29.867, 29.869 or 29.871 22.15, 22.16, 22.17, 22.18 or 22.19 or designated as a wildlife refuge under s. 29.621 (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.

AB684, s. 149 Section 149. 943.75 (3) of the statutes is amended to read:

AB684,101,14 943.75 (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. 29.865, 29.867, 29.869 or 29.871 22.15, 22.16, 22.17, 22.18 or 22.19 or designated as a wildlife refuge under s. 29.621 (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).

AB684, s. 150 Section 150. 951.01 (1m) of the statutes is created to read:

AB684,101,16 951.01 (1m) "Conservation warden" means a warden appointed under s. 23.10.

AB684, s. 151 Section 151. 951.015 of the statutes is renumbered 951.015 (1) and amended to read:

AB684,101,23 951.015 (1) This chapter may not be interpreted as controverting any law regulating wild animals that are subject to regulation under ch. 22, the taking of a wild animal wild animals, as defined in s. 29.001 (90), the trapping of animals, the use of live animals in dog trials or in the training of hunting dogs or the slaughter of animals by persons acting under state or federal law.

AB684, s. 152 Section 152. 951.015 (2) of the statutes is created to read:

AB684,102,3 951.015 (2) For purposes of enforcing this chapter as to wild animals subject to regulation under ch. 22, a conservation warden has the same powers and duties that a law enforcement officer has under this chapter.

AB684, s. 153 Section 153. 951.09 of the statutes is renumbered 951.09 (1) and amended to read:

AB684,102,13 951.09 (1) No person may instigate, promote, aid or abet as a principal, agent, employe, participant or spectator, or participate in the earnings from, or intentionally maintain or allow any place to be used for the shooting, killing or wounding shoot, kill or wound with a firearm, or with any deadly weapon, any animal that is tied, staked out, caged or otherwise intentionally confined in a man-made an artificial enclosure, regardless of size. Nothing in this section prohibits the shooting of any wild game in its wild state or the shooting of game birds and waterfowl at licensed game farms or licensed shooting preserves.

AB684, s. 154 Section 154. 951.09 (2) of the statutes is created to read:

AB684,102,18 951.09 (2) (a) Whoever is concerned in the commission of a violation of this section is a principal and may be charged with and convicted of the violation although he or she did not directly commit it and although the person who directly committed it has not been convicted of the violation.

AB684,102,20 (b) A person is concerned in the commission of a violation of this section under par. (a) if the person does any of the following:

AB684,102,22 1. Instigates, promotes, aids or abets the violation as a principal, agent, employe, participant or spectator.

AB684,102,23 2. Participates in any earnings from the commission of the violation.

AB684,102,25 3. Intentionally maintains or allows any place to be used for the commission of the violation.

AB684, s. 155 Section 155. 951.09 (3) of the statutes is created to read:

AB684,103,2 951.09 (3) This section does not apply to any of the following animals:

AB684,103,4 (a) A white-tailed deer that is shot, killed or wounded as authorized under s. 22.09 (2) or 22.16 (5).

AB684,103,6 (b) A captive wild bird that is shot, killed or wounded as authorized under s. 22.09 (2).

AB684,103,7 (c) Farm-raised deer, as defined in s. 95.001 (1) (a).

AB684,103,9 (d) Animals that are treated in accordance with normally acceptable husbandry practices.

AB684, s. 156 Section 156. 951.18 (4) (a) 2. of the statutes, as affected by 1997 Wisconsin Act 192, is amended to read:

AB684,103,22 951.18 (4) (a) 2. A sentencing court shall require a criminal violator to pay restitution to a person, including any local humane officer or society or county or municipal pound or a law enforcement officer or conservation warden, for any pecuniary loss suffered by the person as a result of the crime, including expenses in keeping any animal that is involved in the crime. This requirement applies regardless of whether the criminal violator is placed on probation under s. 973.09. If restitution is ordered, the court shall consider the financial resources and future ability of the criminal violator to pay and shall determine the method of payment. Upon the application of any interested party, the court shall schedule and hold an evidentiary hearing to determine the value of any pecuniary loss under this paragraph.

AB684, s. 157 Section 157. 951.18 (4) (b) 1. of the statutes, as affected by 1997 Wisconsin Act 192, is amended to read:

AB684,104,13 951.18 (4) (b) 1. A sentencing court may order that an animal be delivered to the local humane officer or society or the county or municipal pound or to a law enforcement officer if a person commits a crime under this chapter, the person is the owner of the animal that is involved in the crime and the court considers the order to be reasonable and appropriate. A sentencing court may order that an animal be delivered to the department of natural resources, if the animal is a wild animal that is subject to regulation under ch. 22 and the court considers the order to be reasonable and appropriate. The society, pound or , officer or department of natural resources shall release the animal to a person other than the owner or dispose of the animal in a proper and humane manner. If the animal is a dog, the release or disposal shall be in accordance with s. 173.23 (1m), except that the fees under s. 173.23 (1m) (a) 4. do not apply if the expenses are covered under s. 173.24. If the animal is not a dog, the society, pound or officer may charge a fee for the release of the animal.

AB684, s. 158 Section 158. 973.05 (1) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

AB684,105,17 973.05 (1) When a defendant is sentenced to pay a fine, the court may grant permission for the payment of the fine, of the penalty assessment imposed by s. 757.07, the jail assessment imposed by s. 302.46 (1), the crime victim and witness assistance surcharge under s. 973.045, the crime laboratories and drug law enforcement assessment imposed by s. 165.755, any applicable deoxyribonucleic acid analysis surcharge under s. 973.046, any applicable drug abuse program improvement surcharge imposed by s. 961.41 (5), any applicable consumer information assessment imposed by s. 100.261, any applicable domestic abuse assessment imposed by s. 971.37 (1m) (c) 1. or 973.055, any applicable driver improvement surcharge imposed by s. 346.655, any applicable enforcement assessment imposed by s. 253.06 (4) (c), any applicable weapons assessment imposed by s. 167.31, any applicable uninsured employer assessment imposed by s. 102.85 (4), any applicable environmental assessment imposed by s. 299.93, any applicable wild animal protection assessment imposed by s. 29.983, any applicable natural resources assessment imposed by s. 22.46 (1) or 29.987 and any applicable natural resources restitution payment imposed by s. 22.46 (2) or 29.989 to be made within a period not to exceed 60 days. If no such permission is embodied in the sentence, the fine, the penalty assessment, the jail assessment, the crime victim and witness assistance surcharge, the crime laboratories and drug law enforcement assessment, any applicable deoxyribonucleic acid analysis surcharge, any applicable drug abuse program improvement surcharge, any applicable consumer information assessment, any applicable domestic abuse assessment, any applicable driver improvement surcharge, any applicable enforcement assessment, any applicable weapons assessment, any applicable uninsured employer assessment, any applicable environmental assessment, any applicable wild animal protection assessment, any applicable natural resources assessment and any applicable natural resources restitution payment shall be payable immediately.

AB684, s. 159 Section 159. Effective dates. This act takes effect on January 1, 2001, except as follows:

AB684,105,21 (1) The treatment of sections 22.29, 22.34 and 22.35 of the statutes takes effect on the day after publication.

AB684,105,22 (End)