SB307: Bill Text

SB307, s. 156 Section 156. 95.68 (1) (a) of the statutes is renumbered 95.68 (1) (am).

SB307, s. 157 Section 157. 95.68 (1) (b) of the statutes is amended to read:

SB307,42,21 95.68 (1) (b) "Equine market" means a livestock an animal market that is open to the public solely for the purpose of trading in equine animals.

SB307, s. 158 Section 158. 95.68 (1) (e) of the statutes is renumbered 95.68 (1) (ag) and amended to read:

SB307,43,3 95.68 (1) (ag) "Livestock Animal market" means any premises which are open to the public for the purpose of trading in livestock or wild animals and on which facilities are maintained for their yarding, feeding and watering prior to sale.

SB307, s. 159 Section 159. 95.68 (1) (f) of the statutes is renumbered 95.68 (1) (ai) and amended to read:

SB307,43,7 95.68 (1) (ai) "Livestock Animal transport vehicle" has the meaning given in s. 95.71 (1) (g) (dm).

SB307, s. 160 Section 160. 95.68 (1) (g) of the statutes is created to read:

SB307,43,10 95.68 (1) (g) "Wild animal" means a wild animal that is subject to regulation under ch. 169.

SB307, s. 161 Section 161. 95.68 (2) of the statutes is amended to read:

SB307,43,16 95.68 (2) License. Except as provided in sub. (2m), no person may operate a livestock an animal market without an annual license from the department. A livestock An animal market license expires on June 30 annually. A separate license is required for every livestock animal market. A license is not transferable between persons or locations.

SB307, s. 162 Section 162. 95.68 (2m) (title) of the statutes is repealed and recreated to read:

SB307,43,18 95.68 (2m) (title) Exemptions.

SB307, s. 163 Section 163. 95.68 (2m) of the statutes is renumbered 95.68 (2m) (a) and amended to read:

SB307,43,25 95.68 (2m) (a) A person is not required to obtain a license under sub. (2) to operate an occasional auction sale sponsored by a livestock breeder association or a youth agricultural organization if records of the transactions at the sale are maintained by an auctioneer registered under ch. 480 or by a livestock an animal dealer licensed under s. 95.69.

SB307, s. 164 Section 164. 95.68 (2m) (b) of the statutes is created to read:

SB307,44,4 95.68 (2m) (b) The department may promulgate rules to exempt groups of persons from the licensing requirement under sub. (2) or the registration requirement under sub. (7) or both.

SB307, s. 165 Section 165. 95.68 (4) (intro.) of the statutes is amended to read:

SB307,44,8 95.68 (4) Fees. (intro.) Unless the department specifies a different fee by rule, the fee for a livestock market license issued under this section is the following amount:

SB307, s. 166 Section 166. 95.68 (4) (a) of the statutes is amended to read:

SB307,44,12 95.68 (4) (a) For a livestock an animal market that is not an equine market and that conducted sales at the market on at least 5 days during the year immediately preceding the year for which the license is issued, $150.

SB307, s. 167 Section 167. 95.68 (4) (b) of the statutes is amended to read:

SB307,44,16 95.68 (4) (b) For a livestock an animal market that is not an equine market and that conducted sales on fewer than 5 days during the year immediately preceding the year for which the license is issued, $75.

SB307, s. 168 Section 168. 95.68 (4) (c) of the statutes is amended to read:

SB307,44,19 95.68 (4) (c) For a livestock an animal market other than one described in par. (a) or (b), $100.

SB307, s. 169 Section 169. 95.68 (5) (a) 1. of the statutes is amended to read:

SB307,44,22 95.68 (5) (a) 1. Operated a livestock an animal market without a license in violation of sub. (2).

SB307, s. 170 Section 170. 95.68 (5) (a) 1m. of the statutes is created to read:

SB307,44,25 95.68 (5) (a) 1m. Operated a livestock market, as defined in s. 95.68 (1) (e), 1999 stats., without a license in violation of s. 95.68 (2), 1999 stats.

SB307, s. 171 Section 171. 95.68 (5) (a) 2. of the statutes is amended to read:

SB307,45,3 95.68 (5) (a) 2. Operated an unregistered livestock animal transport vehicle in violation of sub. (7).

SB307, s. 172 Section 172. 95.68 (5) (a) 2m. of the statutes is created to read:

SB307,45,6 95.68 (5) (a) 2m. Operated an unregistered livestock vehicle, as defined in s. 95.71 (1) (g), 1999 stats., in violation of s. 95.68 (7), 1999 stats.

SB307, s. 173 Section 173. 95.68 (5) (b) of the statutes is amended to read:

SB307,45,10 95.68 (5) (b) In addition to the surcharge under par. (a), an applicant for a license under sub. (2) shall pay the fees due for the year in which the applicant was in violation of sub. (2) or (7).

SB307, s. 174 Section 174. 95.68 (5) (c) of the statutes is amended to read:

SB307,45,15 95.68 (5) (c) The payment of the surcharge and fees under this subsection does not relieve the applicant of other civil or criminal liability that may result from the failure to obtain a license or from the operation of an unregistered livestock vehicle, but does not constitute evidence of a violation of a law.

SB307, s. 175 Section 175. 95.68 (7) of the statutes is amended to read:

SB307,45,22 95.68 (7) Livestock Animal Transport vehicle registration. No livestock animal market operator may operate a livestock an animal transport vehicle unless the livestock animal transport vehicle is registered with the department in the name of the livestock animal market operator. The livestock animal transport vehicle shall be registered on a form provided by the department. The registration shall include a description and the serial number of the livestock animal transport vehicle.

SB307, s. 176 Section 176. 95.68 (8) of the statutes is amended to read:

SB307,46,6 95.68 (8) Rules. The department may promulgate rules to specify license fees under sub. (4) or to regulate the operation of livestock animal markets, including rules related to market operator qualifications, market construction and maintenance, construction and maintenance of livestock animal transport vehicles, identification of livestock animal transport vehicles, disease sanitation, humane treatment of animals, identification of animals, record keeping, reports to the department and compliance with applicable financial security requirements under state or federal law.

SB307, s. 177 Section 177. 95.69 (title) of the statutes is amended to read:

SB307,46,8 95.69 (title) Livestock Animal dealers.

SB307, s. 178 Section 178. 95.69 (1) (b) of the statutes is renumbered 95.69 (1) (g).

SB307, s. 179 Section 179. 95.69 (1) (c) (intro.) of the statutes is amended to read:

SB307,46,14 95.69 (1) (c) (intro.) "Livestock Animal dealer" means a person who, as principal or agent, engages in the business of buying for resale or for slaughter, selling or exchanging livestock or wild animals. "Livestock Animal dealer" does not include any of the following:

SB307, s. 180 Section 180. 95.69 (1) (c) 1. of the statutes is amended to read:

SB307,46,16 95.69 (1) (c) 1. A livestock An animal dealer employee.

SB307, s. 181 Section 181. 95.69 (1) (c) 2m. of the statutes is created to read:

SB307,46,21 95.69 (1) (c) 2m. A person holding a license issued under s. 169.15, 169.18, 169.19, or 169.26 who sells wild animals if the person keeps them solely for breeding or feeding purposes and the person is not otherwise engaged in the business of buying them for resale, slaughter, sale or exchange.

SB307, s. 182 Section 182. 95.69 (1) (d) of the statutes is amended to read:

SB307,46,25 95.69 (1) (d) "Livestock Animal dealer employee" means an employee of a licensed livestock animal dealer, who does business in the name of the licensed livestock animal dealer.

SB307, s. 183 Section 183. 95.69 (1) (e) of the statutes is amended to read:

SB307,47,3 95.69 (1) (e) "Livestock Animal market" has the meaning given in s. 95.68 (1) (e) (ag).

SB307, s. 184 Section 184. 95.69 (1) (f) of the statutes is amended to read:

SB307,47,6 95.69 (1) (f) "Livestock Animal transport vehicle" has the meaning given in s. 95.71 (1) (g) (dm).

SB307, s. 185 Section 185. 95.69 (1) (h) of the statutes is created to read:

SB307,47,8 95.69 (1) (h) "Wild animal" has the meaning given in s. 95.68 (1) (g).

SB307, s. 186 Section 186. 95.69 (2) of the statutes is amended to read:

SB307,47,14 95.69 (2) License. No person may operate as a livestock an animal dealer without an annual license from the department, except that no license is required of a person licensed as a livestock an animal market operator under s. 95.68. A livestock An animal dealer license expires on June 30 annually. A livestock An animal dealer license is not transferable.

SB307, s. 187 Section 187. 95.69 (2m) of the statutes is created to read:

SB307,47,18 95.69 (2m) Exemption. The department may promulgate rules to exempt groups of persons from the licensing requirement under sub. (2) or the registration requirement under sub. (7) or both.

SB307, s. 188 Section 188. 95.69 (4) of the statutes is amended to read:

SB307,47,21 95.69 (4) Fees. Unless the department specifies a different fee by rule, the fee for a livestock an animal dealer license is $75.

SB307, s. 189 Section 189. 95.69 (5) (a) 1. of the statutes is amended to read:

SB307,47,24 95.69 (5) (a) 1. Operated as a livestock an animal dealer without a license in violation of sub. (2).

SB307, s. 190 Section 190. 95.69 (5) (a) 1m. of the statutes is created to read:

SB307,48,2 95.69 (5) (a) 1m. Operated as a livestock dealer, as defined in s. 95.69 (1) (c), 1999 stats., without a license in violation of s. 95.69 (2), 1999 stats.

SB307, s. 191 Section 191. 95.69 (5) (a) 2. of the statutes is amended to read:

SB307,48,5 95.69 (5) (a) 2. Operated an unregistered livestock animal transport vehicle in violation of sub. (7).

SB307, s. 192 Section 192. 95.69 (5) (a) 2m. of the statutes is created to read:

SB307,48,8 95.69 (5) (a) 2m. Operated an unregistered livestock vehicle, as defined in s. 95.71 (1) (g), 1999 stats., in violation of s. 95.69 (7), 1999 stats.

SB307, s. 193 Section 193. 95.69 (5) (b) of the statutes is amended to read:

SB307,48,12 95.69 (5) (b) In addition to the surcharge under par. (a), an applicant for a license under sub. (2) shall pay the fees due for the year in which the applicant was in violation of sub. (2) or (7).

SB307, s. 194 Section 194. 95.69 (5) (c) of the statutes is amended to read:

SB307,48,17 95.69 (5) (c) The payment of the surcharge and fees under this subsection does not relieve the applicant of other civil or criminal liability that may result from the failure to obtain a license or from the operation of an unregistered livestock vehicle but does not constitute evidence of a violation of a law.

SB307, s. 195 Section 195. 95.69 (7) of the statutes is amended to read:

SB307,48,25 95.69 (7) Livestock Animal transport vehicle registration. No livestock animal dealer may operate a livestock an animal transport vehicle unless the livestock animal transport vehicle is registered with the department in the name of the livestock animal dealer. The livestock animal transport vehicle shall be registered in the name of the livestock animal dealer on a form provided by the department. The registration shall include a description and the serial number of the livestock animal transport vehicle.

SB307, s. 196 Section 196. 95.69 (8) of the statutes is amended to read:

SB307,49,8 95.69 (8) Rules. The department may promulgate rules to specify license fees under sub. (4) or to regulate livestock animal dealers, including rules related to livestock animal dealer qualifications, construction and maintenance of livestock animal transport vehicles, identification of livestock animal transport vehicles, disease sanitation, humane treatment of animals, identification of animals, record keeping, reports to the department and compliance with applicable financial security requirements under state or federal law.

SB307, s. 197 Section 197. 95.69 (8m) of the statutes is amended to read:

SB307,49,13 95.69 (8m) Transaction records. An auctioneer registered under ch. 480 who sells livestock or wild animals and who is not required to obtain a license under this section shall make records of the sales available to the department upon request for disease investigation purposes.

SB307, s. 198 Section 198. 95.71 (title) of the statutes is amended to read:

SB307,49,15 95.71 (title) Livestock Animal truckers.

SB307, s. 199 Section 199. 95.71 (1) (b) of the statutes is renumbered 95.71 (1) (h).

SB307, s. 200 Section 200. 95.71 (1) (c) of the statutes is repealed.

SB307, s. 201 Section 201. 95.71 (1) (d) of the statutes is repealed.

SB307, s. 202 Section 202. 95.71 (1) (e) of the statutes is amended to read:

SB307,49,23 95.71 (1) (e) "Livestock Animal trucker" means a person engaged in the business of transporting for hire, by means of a livestock an animal transport vehicle, livestock and wild animals, except that it "animal trucker" does not include a livestock an animal trucker employee.