AB684: Bill Text

AB684, s. 76 Section 76. 29.871 of the statutes is repealed.

AB684, s. 77 Section 77. 29.873 of the statutes is repealed.

AB684, s. 78 Section 78. 29.875 (1) of the statutes is amended to read:

AB684,82,16 29.875 (1) The department may seize and dispose of or may authorize the disposal of any deer that has escaped from land licensed under s. 29.867 or 29.871 22.15 or 22.16 or owned by a person registered under s. 95.55 if the escaped deer has traveled more than 3 miles from the land or if the licensee or person has not had the deer returned to the land within 72 hours of the discovery of the escape.

AB684, s. 79 Section 79. 29.877 of the statutes is repealed.

AB684, s. 80 Section 80. 29.879 of the statutes is repealed.

AB684, s. 81 Section 81. 29.881 of the statutes is repealed.

AB684, s. 82 Section 82. 29.885 (1) (f) of the statutes is amended to read:

AB684,82,23 29.885 (1) (f) Notwithstanding s. 29.01 (14) 29.001 (90), "wild animal" means any undomesticated mammal or bird, but does not include farm-raised deer or, farm-raised fish or wild animals that are subject to regulation under ch. 22.

AB684, s. 83 Section 83. 29.889 (1) (intro.) of the statutes is amended to read:

AB684,83,3 29.889 (1) Definition. (intro.) In this section, "wildlife damage" means damage caused by any of the following noncaptive wild animals that are not subject to regulation under ch. 22:

AB684, s. 84 Section 84. 29.921 (7) of the statutes is amended to read:

AB684,83,9 29.921 (7) Dogs injuring wildlife. A warden 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.

AB684, s. 85 Section 85. 29.927 (8) of the statutes is amended to read:

AB684,83,12 29.927 (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.

AB684, s. 86 Section 86. 29.931 (2) (a) of the statutes is amended to read:

AB684,84,2 29.931 (2) (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 vehicle, boat or object declared by this chapter to be a public nuisance, or which they have probable cause to believe is being used in violation of 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 the vehicle, boat or object is a public nuisance or that within 6 months previous to the seizure the vehicle, boat or object was used in violation of 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.

AB684, s. 87 Section 87. 29.969 of the statutes is amended to read:

AB684,84,8 29.969 Larceny of game. A person who, without permission of the owner, 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 or , farm-raised fish or wild animals that are subject regulation under ch. 22.

AB684, s. 88 Section 88. 49.857 (1) (d) 2. of the statutes is amended to read:

AB684,84,10 49.857 (1) (d) 2. An approval specified in s. 29.09 (11m) 22.34 or 29.024 (2g).

AB684, s. 89 Section 89. 59.25 (3) (f) 2. of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

AB684,85,14 59.25 (3) (f) 2. For all court imposed fines and forfeitures required by law to be deposited in the state treasury, the amounts required by s. 757.05 for the penalty assessment surcharge, the amounts required by s. 165.755 for the crime laboratories and drug law enforcement assessment, the amounts required by s. 167.31 (5) for the weapons assessment, the amounts required by s. 973.045 for the crime victim and witness assistance surcharge, the amounts required by s. 938.34 (8d) for the delinquency victim and witness assistance surcharge, the amounts required by s. 973.046 for the deoxyribonucleic acid analysis surcharge, the amounts required by s. 961.41 (5) for the drug abuse program improvement surcharge, the amounts required by s. 100.261 for the consumer information assessment, the amounts authorized by s. 971.37 (1m) (c) 1. or required by s. 973.055 (1) for the domestic abuse assessment, the amounts required by s. 253.06 (4) (c) for the enforcement assessment under the supplemental food program for women, infants and children, the amounts required by ss. 346.177, 346.495 and 346.65 (4r) for the railroad crossing improvement assessment, the amounts required by s. 346.655 (2) (a) and (b) for the driver improvement surcharge, the amounts required by s. 102.85 (4) for the uninsured employer assessment, the amounts required by s. 299.93 for the environmental assessment, the amounts required by s. 29.983 for the wild animal protection assessment, the amounts required by s. ss. 22.46 (1) and 29.987 for the natural resources assessment surcharge, the amounts required by s. 29.985 for the fishing shelter removal assessment, the amounts required by s. 350.115 for the snowmobile registration restitution payment and the amounts required by s. ss. 22.46 (2) and 29.989 for natural resources restitution payments, transmit to the state treasurer a statement of all moneys required by law to be paid on the actions entered during the preceding month on or before the first day of the next succeeding month, certified by the county treasurer's personal signature affixed or attached thereto, and at the same time pay to the state treasurer the amount thereof.

AB684, s. 90 Section 90. 59.40 (2) (m) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

AB684,86,19 59.40 (2) (m) Pay monthly to the treasurer for the use of the state the state's percentage of the fees required to be paid on each civil action, criminal action and special proceeding filed during the preceding month and pay monthly to the treasurer for the use of the state the percentage of court imposed fines and forfeitures required by law to be deposited in the state treasury, the amounts required by s. 757.05 for the penalty assessment surcharge, the amounts required by s. 165.755 for the crime laboratories and drug law enforcement assessment, the amounts required by s. 167.31 (5) for the weapons assessment, the amounts required by s. 973.045 for the crime victim and witness assistance surcharge, the amounts required by s. 938.34 (8d) for the delinquency victim and witness assistance surcharge, the amounts required by s. 973.046 for the deoxyribonucleic acid analysis surcharge, the amounts required by s. 961.41 (5) for the drug abuse program improvement surcharge, the amounts required by s. 100.261 for the consumer information assessment, the amounts authorized by s. 971.37 (1m) (c) 1. or required by s. 973.055 for the domestic abuse assessment surcharge, the amounts required by s. 253.06 (4) (c) for the enforcement assessment under the supplemental food program for women, infants and children, the amounts required by ss. 346.177, 346.495 and 346.65 (4r) for the railroad crossing improvement assessment, the amounts required by s. 346.655 for the driver improvement surcharge, the amounts required by s. 102.85 (4) for the uninsured employer assessment, the amounts required by s. 299.93 for the environmental assessment, the amounts required under s. 29.983 for the wild animal protection assessment, the amounts required under s. ss. 22.46 (1) (d) and 29.987 (1) (d) for the natural resources assessment surcharge, the amounts required by s. 29.985 for the fishing shelter removal assessment, the amounts required by s. 350.115 for the snowmobile registration restitution payment and the amounts required under s. ss. 22.46 (2) (d) and 29.989 (1) (d) for the natural resources restitution payments. The payments shall be made by the 15th day of the month following receipt thereof.

AB684, s. 91 Section 91. 73.0301 (1) (d) 1. of the statutes is amended to read:

AB684,86,21 73.0301 (1) (d) 1. An approval specified in s. 29.09 (11r) 22.35 or 29.024 (2r).

AB684, s. 92 Section 92. 167.31 (4) (b) of the statutes is amended to read:

AB684,87,2 167.31 (4) (b) Subsections (2) (a), (b) and (c) and (3) (a) and (b) do not apply to the holder of a scientific research license under s. 22.25 or a scientific collector permit under s. 29.614 who is using a net gun or tranquilizer gun in an activity related to the purpose for which the license or permit was issued.

AB684, s. 93 Section 93. 173.01 (1) of the statutes, as created by 1997 Wisconsin Act 192, is renumbered 173.01 (1m).

AB684, s. 94 Section 94. 173.01 (1b) of the statutes is created to read:

AB684,87,6 173.01 (1b) "Conservation warden" means a warden appointed under s. 23.10.

AB684, s. 95 Section 95. 173.01 (1d) of the statutes is created to read:

AB684,87,9 173.01 (1d) "Custodial entity" means a political subdivision, a person contracting under s. 173.15 (1) or the department of natural resources.

AB684, s. 96 Section 96. 173.01 (1r) of the statutes is created to read:

AB684,87,12 173.01 (1r) "Governmental unit" means a political subdivision or the department of natural resources.

AB684, s. 97 Section 97. 173.01 (2) of the statutes is amended to read:

AB684,87,15 173.01 (2) "Law enforcement officer" has the meaning given in s. 165.85 (2) (c) and does not include a conservation warden.

AB684, s. 98 Section 98. 173.07 (4m) of the statutes, as created by 1997 Wisconsin Act 192, is amended to read:

AB684,87,20 173.07 (4m) Request prosecutions. A humane officer may request law enforcement officers, conservation wardens and district attorneys to enforce and prosecute violations of state law and may cooperate in those prosecutions.

AB684, s. 99 Section 99. 173.10 of the statutes, as created by 1997 Wisconsin Act 192, is amended to read:

AB684,88,13 173.10 Investigation of cruelty complaints. A person may apply for a search warrant under s. 968.12 if there is reason to believe that a violation of ch. 22 or 951 has taken place or is taking place. If the court is satisfied that probable cause exists, it shall issue a search warrant directing a law enforcement officer in the county, or in the case of a wild animal subject to regulation under ch. 22 a conservation warden, to proceed immediately to the location of the alleged violation with a doctor of veterinary medicine, if the court determines that a veterinarian is necessary for purposes of the search, and directing the law enforcement officer or conservation warden to search the place designated in the warrant, retaining in his or her custody subject to the order of the court such property or things as are specified in the warrant, including any animal. If the person applying for the search warrant is a humane officer, the warrant shall direct that the humane officer accompany the law enforcement officer or conservation warden who is directed to perform the search. The warrant shall be executed and returned to the court which issued the warrant in accordance with ss. 968.15 and 968.17. This section does not affect other powers and duties of law enforcement officers or conservation wardens.

AB684, s. 100 Section 100. 173.11 (5) of the statutes is created to read:

AB684,88,16 173.11 (5) Nonapplicability. This section does not apply to wild animals that are subject to regulation under ch. 22.

AB684, s. 101 Section 101. 173.12 (1) of the statutes, as created by 1997 Wisconsin Act 192, is renumbered 173.12 (1) (a) and amended to read:

AB684,88,21 173.12 (1) (a) Any veterinarian who has reason to believe that an animal has been in a fight in violation of s. 951.08 shall report the matter to the local humane officer or to a local law enforcement agency, except as provided in par. (b).

AB684,88,24 (c) The report under this subsection shall be in writing and shall include a description and the location of the animal, any injuries suffered by the animal and the name and address of the owner or person in charge of the animal, if known.

AB684, s. 102 Section 102. 173.12 (1) (b) of the statutes is created to read:

AB684,89,2 173.12 (1) (b) If the animal is a wild animal subject to regulation under ch. 22, the veterinarian shall report the matter to the department of natural resources.

AB684, s. 103 Section 103. 173.12 (1m) of the statutes, as created by 1997 Wisconsin Act 192, is amended to read:

AB684,89,11 173.12 (1m) If an animal has been seized because it is alleged that the animal has been used in or constitutes evidence of any crime specified in s. 951.08, the animal may not be returned to the owner by an officer under s. 968.20 (2). In any hearing under s. 968.20 (1), the court shall determine if the animal is needed as evidence or there is reason to believe that the animal has participated in or been trained for fighting. If the court makes such a finding, the animal shall be retained in custody.

AB684, s. 104 Section 104. 173.12 (3) (a) of the statutes, as created by 1997 Wisconsin Act 192, is amended to read:

AB684,89,18 173.12 (3) (a) If the owner is convicted under s. 951.08 or is subject to the restrictions under s. 951.08 (2m), the animal shall be delivered to the local humane officer or county or municipal pound if the animal is not subject to regulation under ch. 22. If there is no local humane officer or pound, the animal may be delivered to a local humane society or to another person designated by the court.

AB684,89,21 (ar) If the animal is one year old or older or shows indication of having participated in fighting, the animal shall be disposed of in a proper and humane manner.

AB684, s. 105 Section 105. 173.12 (3) (ag) of the statutes is created to read:

AB684,90,2 173.12 (3) (ag) If the owner is convicted under s. 951.08 or is subject to the restrictions under s. 951.08 (2m), the animal shall be delivered to the department of natural resources or to another person designated by the court if the animal is a wild animal subject to regulation under ch. 22.

AB684, s. 106 Section 106. 173.13 (1) (d) of the statutes is created to read:

AB684,90,5 173.13 (1) (d) This subsection does not apply to wild animals that are subject to regulation under ch. 22.

AB684, s. 107 Section 107. 173.13 (2) (a) (intro.) of the statutes, as created by 1997 Wisconsin Act 192, is amended to read:

AB684,90,11 173.13 (2) (a) (intro.) A humane officer or , law enforcement officer or conservation warden or a person contracting under s. 173.15 (1) may accept an animal delivered by a veterinarian, or his or her employe, if the animal has not been picked up by its owner and all of the following apply:

AB684, s. 108 Section 108. 173.13 (2) (a) 1. of the statutes, as created by 1997 Wisconsin Act 192, is amended to read:

AB684,90,17 173.13 (2) (a) 1. The veterinarian notified the owner of the animal by certified mail, return receipt requested, that the animal was ready to be picked up and that the animal would be delivered to a humane officer person authorized to accept the animal if not picked up within 7 days.

AB684, s. 109 Section 109. 173.13 (2) (a) 3. of the statutes, as created by 1997 Wisconsin Act 192, is amended to read:

AB684,90,21 173.13 (2) (a) 3. The veterinarian certifies in writing to the humane officer or, law enforcement officer or conservation warden that subds. 1. and 2 apply.

AB684, s. 110 Section 110. 173.13 (2) (a) 4. of the statutes is created to read:

AB684,90,25 173.13 (2) (a) 4. The humane officer, law enforcement officer or conservation warden or the person contracting under s. 173.15 (1) is authorized under s. 22.42 or this section to accept the animal.

AB684, s. 111 Section 111. 173.13 (2) (b) of the statutes, as created by 1997 Wisconsin Act 192, is amended to read:

AB684,91,6 173.13 (2) (b) If an animal is accepted under par. (a), the veterinarian shall provide the person accepting the animal with any requested records concerning the animal's ownership, or health or the licensure of the animal or of the owner under ch. 22.

AB684, s. 112 Section 112. 173.13 (3) (a) of the statutes, as created by 1997 Wisconsin Act 192, is amended to read:

AB684,91,13 173.13 (3) (a) If a humane officer or , law enforcement officer or conservation warden takes custody of an animal with the knowledge of the owner, the humane officer or, law enforcement officer or conservation warden shall explain the procedure by which the owner can recover the animal, including the procedure under s. 173.22, and the procedure to be followed if the animal is not returned to the owner.

AB684, s. 113 Section 113. 173.13 (3) (b) of the statutes, as created by 1997 Wisconsin Act 192, is amended to read:

AB684,91,24 173.13 (3) (b) If a humane officer or , law enforcement officer or conservation warden takes custody of an animal without the knowledge of the owner, the humane officer or, law enforcement officer or conservation warden shall promptly notify the owner in writing if he or she can be identified and located with reasonable effort. The notice shall explain the procedure by which the owner can recover the animal, including the procedure under s. 173.22, and the procedure to be followed if the animal is not returned to the owner. The notice shall also inform the owner that the owner must notify any person with a lien on the animal that the animal has been taken into custody.

AB684, s. 114 Section 114. 173.13 (3) (c) of the statutes, as created by 1997 Wisconsin Act 192, is amended to read:

AB684,92,5 173.13 (3) (c) If the owner informs the humane officer or, law enforcement officer or conservation warden in writing that he or she will not claim the animal, it may be treated as an unclaimed animal under s. 173.23 (1m).

AB684, s. 115 Section 115. 173.15 (1) of the statutes, as created by 1997 Wisconsin Act 192, is amended to read:

AB684,92,21 173.15 (1) Providing services. A political subdivision may provide for the care, treatment or disposal of animals taken into custody by a humane officer or law enforcement officer under s. 173.13. The department of natural resources may provide for the care, treatment or disposal of wild animals subject to regulation under ch. 22 that are taken into custody under s. 22.42. A political subdivision or the department of natural resources may provide these services directly or by contracting with any other person. A political subdivision or the department of natural resources may establish standard fees for the care, custody and treatment of animals in its custody. The political subdivision or the department of natural resources may establish different fees for animals released to their owners and animals released to persons other than their owners. If the political subdivision or the department of natural resources does not establish standard fees, it may charge no more than the actual costs of care, custody or treatment to any person required to pay for the care, custody or treatment of an animal.

AB684, s. 116 Section 116. 173.15 (2) (intro.) of the statutes, as created by 1997 Wisconsin Act 192, is amended to read:

AB684,93,3 173.15 (2) Contract for services. (intro.) Every person entering into a contract with a political subdivision or the department of natural resources under sub. (1) shall agree to do all of the following:

AB684, s. 117 Section 117. 173.17 (intro.) of the statutes, as created by 1997 Wisconsin Act 192, is amended to read:

AB684,93,11 173.17 Records. (intro.) A humane officer or law enforcement officer taking custody of an animal on behalf of a political subdivision under s. 173.13 or a conservation warden taking custody of an animal under s. 22.42 shall maintain, or require any person to whom the animal is delivered under a contract under s. 173.15 (1) to maintain, as appropriate, records for each animal containing the following information:

AB684, s. 118 Section 118. 173.19 of the statutes, as created by 1997 Wisconsin Act 192, is amended to read:

AB684,93,21 173.19 Animals considered unclaimed. A political subdivision or person contracting under s. 173.15 (1) custodial entity may treat any animal taken into custody under s. 22.42 (1) (a), (c), (h) or (j) or 173.13 (1) (a) 1., 3., 4. or 9. as an unclaimed animal subject to s. 173.23 (1m) if, within 7 days after custody is taken of the animal, it is not claimed by and returned to its owner under s. 173.23 (1), except that an animal taken into custody under s. 22.42 (1) (c) or 173.13 (1) (a) 3. or 4. may not be treated as unclaimed if its owner files a petition under s. 173.22 (1) within 7 days after custody is taken.

AB684, s. 119 Section 119. 173.21 (1) (intro.) of the statutes, as created by 1997 Wisconsin Act 192, is amended to read:

AB684,94,3 173.21 (1) Grounds. (intro.) A political subdivision or the department of natural resources may withhold, or direct a person contracting with the political subdivision or the department of natural resources under s. 173.15 (1) to withhold, an animal in custody from an owner who makes an otherwise adequate claim for the animal under s. 173.23 (1) on any of the following grounds:

AB684, s. 120 Section 120. 173.21 (1) (a) of the statutes, as created by 1997 Wisconsin Act 192, is amended to read:

AB684,94,8 173.21 (1) (a) There are reasonable grounds to believe that the owner has mistreated the animal in violation of ch. 951 or in violation of ch. 22 if the animal is a wild animal subject to regulation under ch. 22.

AB684, s. 121 Section 121. 173.21 (4) of the statutes, as created by 1997 Wisconsin Act 192, is amended to read:

AB684,94,15 173.21 (4) Return. A political subdivision or person contracting under s. 173.15 (1) custodial entity having custody of an animal withheld under sub. (1) shall release the animal to the owner at the direction of the humane officer or, law enforcement officer that or conservation warden who took custody of the animal if the requirements of s. 173.23 (1) (a) to (c) are satisfied.

AB684, s. 122 Section 122. 173.22 (1) of the statutes, as created by 1997 Wisconsin Act 192, is amended to read: