SB307: Bill Text

SB307,101,11 (f) A participant in an animal fight intentionally instigated by any person.

SB307,101,13 (g) A captive wild animal that has been mistreated in violation of this chapter, any rule promulgated under this chapter, or ch. 951.

SB307,101,14 (h) A captive wild animal delivered by a veterinarian under s. 173.13 (2).

SB307,101,19 (i) A captive wild animal that is dead, dying, or sick and that has been exposed to, or is known to be infected with, a contagious or infectious disease as defined in the rules promulgated by the department of agriculture, trade and consumer protection under s. 95.001 (2) or with a disease or parasite that has pathological significance to humans or to any animals.

SB307,101,21 (j) A captive wild animal that has escaped and has not been returned to its owner or another person who is authorized to possess the animal.

SB307,101,22 (k) A wild animal that is being housed or held in violation of s. 169.39.

SB307,101,25 (2) Transfer of wild animals. (a) A conservation warden shall accept into custody any wild animal that is delivered by a law enforcement officer or humane officer.

SB307,102,3 (b) A conservation warden and the department shall comply with the applicable procedures under ss. 29.931, 29.934, and 968.20 as they relate to seized and confiscated wild animals, carcasses, vehicles, boats, or other objects or property.

SB307,102,5 169.43 Local ordinances. A municipality or county may enact and enforce an ordinance that prohibits the possession or selling of live wild animals.

SB307,102,8 169.45 Penalties; revocations. (1) Definition. In this section, "violation of this chapter" means a violation of this chapter or any rule promulgated under this chapter.

SB307,102,10 (2) Penalties. For a violation of this chapter, a person shall be subject to a forfeiture of not more than $200, except as follows:

SB307,102,13 (a) Possession. For possessing any live wild animal, or a carcass of a wild animal, in violation of this chapter, a person shall forfeit not less than $100 nor more than $500.

SB307,102,16 (b) Sale or purchase. For selling or purchasing any live wild animal in violation of this chapter, a person shall be fined not less than $100 nor more than $2,000 or imprisoned for not more than 6 months or both.

SB307,102,21 (c) Possession, sale, release, and descenting of live skunks. For possessing, selling, purchasing, descenting, introducing, stocking, or releasing into the wild a live skunk in violation of this chapter, a person shall forfeit not less than $100 nor more than $1,000. This penalty shall apply in lieu of the penalties under pars. (a) and (b).

SB307,102,24 (d) Taking of bear and deer. For taking bear or deer from the wild in violation of s. 169.05, or a rule promulgated thereunder, a person shall be fined not less than $1,000 nor more than $2,000 or imprisoned for not more than 6 months or both.

SB307,103,3 (e) Harmful wild animals. For a violation of s. 169.11 (2) (b) or (c), a person shall be fined not less than $500 nor more than $5,000 or imprisoned for not more than 6 months or both.

SB307,103,7 (g) Obtaining license during period of revocation. For obtaining any license under this chapter during the period of time when that license is revoked or suspended by any court, a person shall be fined not more than $200 or imprisoned for not more than 90 days or both.

SB307,103,10 (3) Penalty; violation of order. Any person who fails to comply with an order issued under s. 169.39 (4) within 10 days after its issuance is subject to a forfeiture of not more than $200.

SB307,103,13 (4) Diminished penalties. No penalty imposed under sub. (2) shall be held to be diminished because the violation for which it is imposed falls also within the scope of a more general prohibition.

SB307,103,18 (5) Penalties; repeaters. If a person is convicted of any violation of this chapter and it is alleged in the indictment, information, or complaint, and proved or admitted at trial or ascertained by the court after conviction that the person was previously convicted within a period of 5 years for a violation of this chapter, the person shall be subject to all of the following in addition to the penalty for the current violation:

SB307,103,20 (a) The person shall be fined not more than $100 or imprisoned for not more than 6 months or both.

SB307,103,24 (b) For violations under sub. (2) (a), (b), (d), and (e), the court shall revoke all of the licenses issued to the person under this chapter, and the department may not issue any license under this chapter to the person for a period of one year after the current conviction.

SB307,104,3 (6) Court revocations and suspensions. In addition to or in lieu of any other penalty for violation of this chapter, the court may revoke or suspend any privilege or license under this chapter for a period of up to 3 years.

SB307,104,6 (7) Revocations by the department. In addition to revocations under subs. (5) (b) and (6), the department may revoke any license to which any of the following applies:

SB307,104,8 (a) The department determines that the license was fraudulently procured, erroneously issued, or otherwise prohibited by law.

SB307,104,10 (b) The department determines that the person holding the license is not in compliance with this chapter or with a rule promulgated under this chapter.

SB307,104,15 (8) Prohibitions during periods of suspension or revocation. (a) Any person who has had a license or privilege under this chapter revoked or suspended and who engages in the activity authorized by the license or in the privilege during the period of revocation or suspension is subject to the following penalties, in addition to any other penalty imposed for failure to have a license:

SB307,104,17 1. For the first conviction, the person shall forfeit not less than $300 nor more than $500.

SB307,104,19 2. If the number of convictions in a 5-year period equals 2 or more, the person shall be fined not less than $500 nor more than $1,000.

SB307,104,21 (b) The 5-year period under par. (a) 2. shall be measured from the dates of the violations which resulted in the convictions.

SB307,105,2 (9) Parties to a violation. (a) Whoever is concerned in the commission of a violation of this chapter is a principal and may be charged with and convicted of the violation of this chapter although he or she did not directly commit it and although the person who directly committed it has not been convicted of the violation of this chapter.

SB307,105,4 (b) A person is concerned in the commission of the violation of this chapter if the person does any of the following:

SB307,105,5 1. Directly commits the violation of this chapter.

SB307,105,6 2. Aids and abets the commission of the violation of this chapter.

SB307,105,8 3. Is a party to a conspiracy with another to commit the violation of this chapter or advises, hires, or counsels or otherwise procures another to commit it.

SB307,105,13 169.46 Natural resources assessments and restitution payments. (1) Natural resources assessments. (a) If a court imposes a fine or forfeiture for a violation of this chapter or a rule promulgated under this chapter, the court shall impose a natural resources assessment equal to 75% of the amount of the fine or forfeiture.

SB307,105,15 (b) If a fine or forfeiture is suspended in whole or in part, the natural resources assessment shall be reduced in proportion to the suspension.

SB307,105,21 (c) If any deposit is made for an offense to which this subsection applies, the person making the deposit shall also deposit a sufficient amount to include the natural resources assessment prescribed in this subsection. If the deposit is forfeited, the amount of the natural resources assessment shall be transmitted to the state treasurer under par. (d). If the deposit is returned, the natural resources assessment shall also be returned.

SB307,106,2 (d) The clerk of the court shall collect and transmit to the county treasurer the natural resources assessment and other amounts required under s. 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer as provided in s. 59.25 (3) (f) 2. The state treasurer shall deposit the amount of the natural resources assessment in the conservation fund.

SB307,106,4 (e) All moneys collected from natural resources assessments shall be deposited in the conservation fund and credited to the appropriation under s. 20.370 (3) (mu).

SB307,106,9 (2) Natural resources restitution payments. (a) If a court imposes a fine or forfeiture for a violation of this chapter for failure to obtain a license required under this chapter, the court shall impose a natural resources restitution payment equal to the amount of the fee for the license that was required and should have been obtained.

SB307,106,12 (b) If a fine or forfeiture is suspended in whole or in part, the natural resources restitution payment shall be reduced in proportion to the suspension unless the court directs otherwise.

SB307,106,18 (c) If any deposit is made for an offense to which this subsection applies, the person making the deposit shall also deposit a sufficient amount to include the natural resources restitution payment prescribed in this subsection. If the deposit is forfeited, the amount of the natural resources restitution payment shall be transmitted to the state treasurer under par. (d). If the deposit is returned, the natural resources restitution payment shall also be returned.

SB307,106,23 (d) The clerk of the court shall collect and transmit to the county treasurer the natural resources restitution payment and other amounts required under s. 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer as provided in s. 59.25 (3) (f) 2. The state treasurer shall deposit the amount of the natural resources restitution payment in the conservation fund.

SB307,107,3 (e) All moneys collected from natural resources restitution payments shall be deposited in the conservation fund and credited to the appropriation account under s. 20.370 (3) (mu).

SB307, s. 225 Section 225. 173.23 (1m) (b) of the statutes is amended to read:

SB307,107,6 173.23 (1m) (b) If the animal is not a dog or cat, sell the animal at public auction, including sale at a licensed livestock animal market.

SB307, s. 226 Section 226. 174.001 (3) of the statutes is amended to read:

SB307,107,11 174.001 (3) "Livestock" means any horse, bovine, sheep, goat, pig, elk or other deer raised in captivity, llama, alpaca, domestic rabbit, farm-raised deer, as defined in s. 95.001 (1) (a) (ag), or domestic fowl, including game fowl raised in captivity any farm-raised game bird, as defined in s. 169.01 (12m).

SB307, s. 227 Section 227. 350.01 (5) of the statutes is repealed.

SB307, s. 228 Section 228. 814.60 (2) (e) of the statutes is amended to read:

SB307,107,15 814.60 (2) (e) Natural resources restitution payment imposed by s. 169.46 (2) or 29.989.

SB307, s. 229 Section 229. 895.57 (3) of the statutes is amended to read:

SB307,107,23 895.57 (3) Subsection (2) does not apply to any humane officer, local health officer, peace officer, employee of the department of natural resources while on any land licensed under s. 29.865, 29.867, 29.869 or 29.871 169.15, 169.18, or 169.19, subject to certification under s. 90.21, or designated as a wildlife refuge under s. 29.621 (1) or employee of the department of agriculture, trade and consumer protection if the officer's or employee's acts are in good faith and in an apparently authorized and reasonable fulfillment of his or her duties.

SB307, s. 230 Section 230. 943.75 (3) of the statutes is amended to read:

SB307,108,8 943.75 (3) Subsections (2) and (2m) do not apply to any humane officer, local health officer, peace officer, employee of the department of natural resources while on any land licensed under s. 29.865, 29.867, 29.869 or 29.871 169.15, 169.18, or 169.19, subject to certification under s. 90.21, or designated as a wildlife refuge under s. 29.621 (1) or employee of the department of agriculture, trade and consumer protection if the officer's or employee'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).

SB307, s. 231 Section 231. 951.01 (1m) of the statutes is created to read:

SB307,108,10 951.01 (1m) "Conservation warden" means a warden appointed under s. 23.10.

SB307, s. 232 Section 232. 951.015 of the statutes is renumbered 951.015 (1) and amended to read:

SB307,108,17 951.015 (1) This chapter may not be interpreted as controverting any law regulating wild animals that are subject to regulation under ch. 169, 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.

SB307, s. 233 Section 233. 951.015 (2) of the statutes is created to read:

SB307,108,21 951.015 (2) For purposes of enforcing this chapter as to wild animals subject to regulation under ch. 169, a conservation warden has the same powers and duties that a law enforcement officer has under this chapter.

SB307, s. 234 Section 234. 951.09 of the statutes is renumbered 951.09 (1) and amended to read:

SB307,109,6 951.09 (1) No person may instigate, promote, aid or abet as a principal, agent, employee, 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.

SB307, s. 235 Section 235. 951.09 (2) of the statutes is created to read:

SB307,109,11 951.09 (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.

SB307,109,13 (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:

SB307,109,15 1. Instigates, promotes, aids, or abets the violation as a principal, agent, employee, participant, or spectator.

SB307,109,16 2. Participates in any earnings from the commission of the violation.

SB307,109,18 3. Intentionally maintains or allows any place to be used for the commission of the violation.

SB307, s. 236 Section 236. 951.09 (3) of the statutes is created to read:

SB307,109,20 951.09 (3) This section does not apply to any of the following animals:

SB307,109,22 (b) A captive wild bird that is shot, killed, or wounded on a bird hunting preserve licensed under s. 169.19.

SB307,109,23 (c) Farm-raised deer, as defined in s. 95.001 (1) (ag).

SB307,109,25 (d) Animals that are treated in accordance with normally acceptable husbandry practices.

SB307, s. 237 Section 237. 951.18 (4) (a) 2. of the statutes is amended to read:

SB307,110,12 951.18 (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.

SB307, s. 238 Section 238. 951.18 (4) (b) 1. of the statutes is amended to read:

SB307,111,2 951.18 (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. 169 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.

SB307, s. 239 Section 239. 973.05 (1) of the statutes is amended to read:

SB307,112,5 973.05 (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. 29.987 or 169.46 (1) and any applicable natural resources restitution payment imposed by s. 29.989 or 169.46 (2) 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.

SB307, s. 240 Section 240. Nonstatutory provisions.

SB307,112,7 (1) In this Section:

SB307,112,9 (a) "Livestock" means bovine animals, sheep, goats, swine, farm-raised deer, and equine animals.

SB307,112,11 (b) "Wild animal" means a wild animal that is subject to regulation under chapter 169 of the statutes, as created by this act.

SB307,112,15 (2) Any livestock market license and any livestock vehicle registration issued under section 95.68, 1999 stats., shall remain valid until its expiration date and shall allow the trading and transport of wild animals as well as livestock in the manner authorized under the license until that date.

SB307,112,19 (3) Any livestock dealer license and any livestock vehicle registration issued under section 95.69, 1999 stats., shall remain valid until its expiration date and and shall allow the dealing in, and transport of, wild animals as well as livestock in the manner authorized under the license until that date.

SB307,112,23 (4) Any livestock trucker license and any livestock vehicle registration issued under section 95.71, 1999 stats., shall remain valid until its expiration date and shall allow the transporting for hire of wild animals as well as livestock in the manner authorized under the license until that date.

SB307, s. 241 Section 241. Effective dates. This act takes effect on January 1, 2003, except as follows: