MY2 AB1: Bill Text

LRB-5097/2

RNK/MGG/RCT/MJL:kmg&cs:rs

May 2002 Special Session

2001 - 2002 LEGISLATURE

Assembly BILL 1

May 13, 2002 - Introduced by Committee on Assembly Organization, by request of Governor Scott McCallum. Referred to Committee on Natural Resources.

AB1,1,8 An Act to repeal 29.181 (3) and 29.559 (1r) (b); to renumber 29.307 and 29.559 (1r) (a); to amend 20.370 (5) (fq), 29.971 (7), 29.971 (11) and 167.31 (2) (d); and to create 20.370 (5) (fs), 20.370 (5) (fv), 29.063, 29.307 (2), 29.307 (3), 29.335 and 167.31 (4) (bg) of the statutes; relating to: chronic wasting disease, hunting animals from aircraft, feeding of wild animals for purposes other than hunting, shooting a firearm or arrow from or across a highway, requiring a lapse to the general fund, authorizing the extension of emergency rules, requiring the exercise of rule-making authority, and making appropriations.

Analysis by the Legislative Reference Bureau

This bill does the following in relation to controlling chronic wasting disease in this state:

1. Provides funding of up to $2,000,100 in fiscal year 2002-03, from the revenues from the wildlife damage surcharge collected on the sale of most hunting licenses, to manage, and conduct testing for, chronic wasting disease in cervids, a class which consists of all species of deer and elk.

2. Authorizes the department of natural resources (DNR) to supplement this funding by up to $2,000,000 from segregated fund sources such as the conservation fund or the recycling fund. Of this amount, no more than $1,000,000 may come from wildlife damage surcharge revenues.

3. Provides a portion of the funding specified above to the veterinary diagnostic laboratory for the purpose of testing cervids for chronic wasting disease.

The bill requires that DNR promulgate rules to regulate the recreational and supplemental feeding of wild animals for purposes other than hunting. The bill exempts any state or federal employee from the ban against shooting firearms or arrows across or from a highway or from hunting from an aircraft if the state or federal employee is acting in the course of his or her employment and if the employee is authorized by DNR to take animals in the wild for purposes of testing for disease or for removing diseased animals. These exemptions are further limited to hunting only animals that are located in a chronic wasting disease eradication zone as designated by DNR.

The provisions regarding the regulation and supplemental feeding, the shooting of firearms and arrows, and hunting from aircraft sunset on August 31, 2003, unless the standing committees for natural resources matters of each house of the legislature determine that in order to control the spread of disease it is necessary to continue these provisions.

Under current law, an emergency rule remains in effect for 150 days, except that the joint committee for review of administrative rules (JCRAR) may extend an emergency rule for a maximum of 120 additional days. This bill authorizes JCRAR to extend the department of agriculture, trade and consumer protection's emergency rule related to chronic wasting disease in cervids, which took effect on April 9, 2002, until September 1, 2003.

The bill lapses $933,900 from the appropriation to the University of Wisconsin System for the veterinary diagnostic laboratory to the general fund.

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:

AB1, s. 1 Section 1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table - See PDF for table

AB1, s. 2 Section 2. 20.370 (5) (fq) of the statutes is amended to read:

AB1,3,7 20.370 (5) (fq) Wildlife damage claims and abatement. All moneys received under ss. 29.181 (3), 29.559 (1r) (b) , and 29.563 (13) and not appropriated under par. pars. (fr), (fs), and (fv) and sub. (1) (Ls) to provide state aid for the wildlife damage abatement program under s. 29.889 (5) (c) and the wildlife damage claim program under s. 29.889 (7) (d), for county administration costs under s. 29.889 (2) (d), and for payments under s. 29.89.

AB1, s. 3 Section 3. 20.370 (5) (fs) of the statutes is created to read:

AB1,3,11 20.370 (5) (fs) Chronic wasting disease management. From the moneys received under ss. 29.181, 29.559 (1r), and 29.563 (13), the amounts in the schedule for the management of, and testing for, chronic wasting disease under s. 29.063.

AB1, s. 4 Section 4. 20.370 (5) (fv) of the statutes is created to read:

AB1,3,15 20.370 (5) (fv) Chronic wasting disease management — supplemental funds. The amounts in the schedule for the management of, and testing for, chronic wasting disease under s. 29.063.

AB1, s. 5 Section 5. 29.063 of the statutes is created to read:

AB1,3,19 29.063 Management of chronic wasting disease. The department may manage, and provide funding to conduct testing for, chronic wasting disease in cervids.

AB1, s. 6 Section 6. 29.181 (3) of the statutes is repealed.

AB1, s. 7 Section 7. 29.307 of the statutes is renumbered 29.307 (1).

AB1, s. 8 Section 8. 29.307 (2) of the statutes is created to read:

AB1,4,3 29.307 (2) Notwithstanding sub. (1), a state or federal employee acting within the scope of his or her employment may hunt an animal in the wild with the aid of an aircraft if all of the following apply:

AB1,4,6 (a) The employee is authorized by the department to take the animal for the purpose of testing for disease in animals or for the purpose of removing diseased animals.

AB1,4,8 (b) The employee is hunting in an area designated by the department as a chronic wasting disease eradication zone.

AB1, s. 9 Section 9. 29.307 (3) of the statutes is created to read:

AB1,4,18 29.307 (3) Subsection (2) does not apply after August 31, 2003, unless the standing committee for natural resources matters of each house of the legislature, as designated by each presiding officer, determines by majority vote, on or before August 31, 2003, that in order to control the spread of disease in animals sub. (2) shall continue to apply after August 31, 2003. If the standing committees make this determination, the chairperson of each of these standing committees shall promptly notify the revisor of statutes of the committee's determination. Upon receipt of such notification, the revisor shall publish a copy of the notification in the Wisconsin Administrative Register.

AB1, s. 10 Section 10. 29.335 of the statutes is created to read:

AB1,5,6 29.335 Feeding wild animals for nonhunting purposes. The department shall promulgate rules to regulate the recreational and supplemental feeding of wild animals for purposes other than hunting. Any rules promulgated under this section do not apply after August 31, 2003, unless the standing committee for natural resources matters of each house of the legislature, as designated by each presiding officer, determines by majority vote, on or before August 31, 2003, that in order to control the spread of disease in wild animals this section shall continue to apply after August 31, 2003. If the standing committees make this determination, the chairperson of each of these standing committees shall promptly notify the revisor of statutes of the committee's determination. Upon receipt of such notification, the revisor shall publish a copy of the notification in the Wisconsin Administrative Register.

AB1, s. 11 Section 11. 29.559 (1r) (a) of the statutes is renumbered 29.559 (1r).

AB1, s. 12 Section 12. 29.559 (1r) (b) of the statutes is repealed.

AB1, s. 13 Section 13. 29.971 (7) of the statutes is amended to read:

AB1,5,14 29.971 (7) For the violation of s. 29.307 (1), by a fine of not more than $1,000 for the first violation and not more than $2,000 for subsequent violations or imprisonment for not more than 90 days, or both, and by a mandatory 3-year revocation of all hunting, fishing, and trapping approvals. An aircraft used in the violation is a public nuisance.

AB1, s. 14 Section 14. 29.971 (11) of the statutes is amended to read:

AB1,5,23 29.971 (11) For hunting deer without the required approval, during the closed season, with the aid of artificial light or with the aid of an aircraft, except as provided in s. 29.307 (2), for the snaring of or setting snares for deer , or for the possession or control of a deer carcass in violation of s. 29.055 or 29.347, by a fine of not less than $1,000 nor more than $2,000 or by imprisonment for not more than 6 months or both. In addition, the court shall order the revocation of all approvals issued to the person under this chapter and shall prohibit the issuance of any new approval under this chapter to the person for 3 years.

AB1, s. 15 Section 15. 167.31 (2) (d) of the statutes, as affected by 2001 Wisconsin Act 8, is amended to read:

AB1,6,3 167.31 (2) (d) Except as provided in sub. (4) (a), (bg), (cg), (e), and (g), no person may discharge a firearm or shoot a bolt or an arrow from a bow or crossbow from or across a highway or within 50 feet of the center of a roadway.

AB1, s. 16 Section 16. 167.31 (4) (bg) of the statutes is created to read:

AB1,6,10 167.31 (4) (bg) 1. Subsection (2) (b), (c), and (d) does not apply to a state or federal employee, acting within the scope of his or her employment, who is authorized by the department of natural resources to take animals in the wild for the purpose of testing for disease in animals or for the purpose of removing diseased animals and who is hunting in an area designated by the department of natural resources as a chronic wasting disease eradication zone.

AB1,6,19 2. This paragraph does not apply after August 31, 2003, unless the standing committee for natural resources matters of each house of the legislature, as designated by each presiding officer, determines by majority vote, on or before August 31, 2003, that in order to control the spread of disease in animals subd. 1. shall continue to apply after August 31, 2003. If the standing committees make this determination, the chairperson of each of these standing committees shall promptly notify the revisor of statutes of the committee's determination. Upon receipt of such notification, the revisor shall publish a copy of the notification in the Wisconsin Administrative Register.

AB1, s. 17 Section 17. Nonstatutory provisions.

AB1,7,4 (1) Plan. If the department of natural resources determines that there are insufficient funds available under section 20.370 (5) (fs) of the statutes, as created by this act, for the management of, and testing for, chronic wasting disease in cervids during fiscal year 2002-03, the department may develop a plan, for submission to the joint committee on finance for review, detailing the means by which the department shall manage, and test for, chronic wasting disease in cervids. If the department develops a plan under this subsection, the department shall recommend funding sources and expenditures for implementing the plan. In making these recommendations, the department may not do any of the following:

AB1,7,5 (a) Recommend the expenditure of funds from the general fund.

AB1,7,6 (b) Recommend the expenditure of more than $2,000,000.

AB1,7,8 (c) Recommend the expenditure of more than $1,000,000 from moneys received under sections 29.181, 29.559 (1r), and 29.563 (13) of the statutes.

AB1,7,9 (2) Joint committee on finance review.

AB1,7,13 (a) If the cochairpersons of the joint committee on finance do not notify the department of natural resources within 14 working days after the date of the submittal of the plan under subsection (1 ) that the committee has scheduled a meeting for the purpose of reviewing the plan, all of the following shall apply:

AB1,7,14 1. The department shall implement the plan.

AB1,7,16 2. If the plan specifies the expenditure of funds from a segregated fund other than the conservation fund, the funds are transferred to the conservation fund.

AB1,7,19 3. The appropriation under section 20.370 (5) (fv) of the statutes, as created by this act, is supplemented from the appropriation under section 20.865 (4) (u) of the statutes by the amount specified under the plan.

AB1,8,3 (b) If, within 14 working days after the date of the submittal by the department of natural resources, the cochairpersons of the joint committee on finance notify the department that the committee has scheduled a meeting to review the plan, the department may not implement the plan without approval of the committee. The committee may disapprove or modify the plan. If the committee modifies the plan, the committee may transfer funds to the conservation fund from another segregated fund as is necessary to implement the plan. Notwithstanding section 13.101 (3) (a) of the statutes, no finding is required to be made that an emergency exists before transferring the funds under this paragraph.

AB1,8,8 (3) Department of natural resources positions. The authorized FTE positions for the department of natural resources are increased by 3.0 SEG project positions, to be funded from the appropriation under section 20.370 (5) (fs) of the statutes, as created by this act, for the purpose of managing and testing for chronic wasting disease.

AB1,8,9 (4) Emergency rules relating to chronic wasting disease in cervids.

AB1,8,16 (a) Notwithstanding section 227.24 (2) (a) of the statutes, the joint committee for review of administrative rules may extend the effective period of emergency rules promulgated by the department of agriculture, trade and consumer protection relating to chronic wasting disease in cervids that took effect on April 9, 2002, for periods specified by the committee and may grant any number of extensions, except that the committee may not extend the effective period of the rules beyond September 1, 2003.

AB1,8,20 (b) The department of agriculture, trade and consumer protection may amend the emergency rules described in paragraph (a ), while those rules are in effect, using the procedure in section 227.24 of the statutes, and any amendment remains in effect for the period provided under paragraph (a ).

AB1,8,21 (5) Veterinary diagnostic laboratory.

AB1,8,25 (a) The department of natural resources shall expend, in fiscal year 2002-03, a total of $901,600 from the appropriations under section 20.370 (5) (fs) and (fv) of the statutes, as created by this act, for the purpose of testing cervids for chronic wasting disease by the veterinary diagnostic laboratory.

AB1,9,4 (b) The authorized FTE positions for the board of regents of the University of Wisconsin System are increased by 6.0 PR positions, to be funded from the appropriation under section 20.285 (1) (kg) of the statutes, for the purpose of testing cervids for chronic wasting disease by the veterinary diagnostic laboratory.

AB1, s. 18 Section 18. Appropriation changes.

AB1,9,9 (1) Veterinary diagnostic laboratory lapse. Notwithstanding section 20.001 (3) (c) of the statutes, on June 30, 2002, there is lapsed to the general fund $933,900 from the appropriation account of the board of regents of the University of Wisconsin System under section 20.285 (1) (je) of the statutes, as affected by the acts of 2001.

AB1,9,10 (End)