SB307: Bill Text

SB307,31,8 (7) Enforcement authority. If a fence fails to comply with the requirements established by rule under sub. (6), the department may issue an order directing the person who is required to maintain the fence to bring the fence into compliance within 10 days after the issuance of the order. If the person fails to comply with the order within 10 days of its issuance, the department may revoke the applicable fence inspection certificate.

SB307,31,10 (8) Penalties. (a) Any person who violates this section, or a rule promulgated under this section, shall be subject to a forfeiture of not more than $200.

SB307,31,14 (b) In addition to or in lieu of the forfeiture specified in par. (a), a court may suspend a fence inspection certificate issued under this section, a registration issued under s. 95.55 that authorizes the defendant to keep farm-raised deer, or both, for a period of up to 3 years.

SB307,31,16 (c) The department may revoke any fence inspection certificate issued under this section to which any of the following applies:

SB307,31,17 1. The holder fails to comply with an order issued under sub. (7).

SB307,31,19 2. The department determines that the certificate was fraudulently procured, or erroneously issued.

SB307, s. 115 Section 115. 93.06 (1g) of the statutes is amended to read:

SB307,31,25 93.06 (1g) Interstate health certificates Certificates of veterinary inspection. Furnish, to veterinarians in this state, forms to be used by them in issuing interstate health certificates or certificates of veterinary inspection. The department may charge a $2 fee for each form unless the department specifies a different fee by rule.

SB307, s. 116 Section 116. 93.07 (10) (a) of the statutes is repealed.

SB307, s. 117 Section 117. 93.07 (10) (b) of the statutes is renumbered 93.07 (10) and amended to read:

SB307,32,13 93.07 (10) Animal health; quarantine. To protect the health of domestic animals of the located in this state ; and of humans residing in this state and to determine and employ the most efficient and practical means for the prevention, suppression, control, and eradication of communicable diseases among domestic animals, and for. For these purposes it the department may establish, maintain, enforce, and regulate such quarantine and such other measures relating to the importation, movement, and care of animals and their products, the disinfection of suspected localities and articles, and the disposition of animals, as the department may deem necessary. The definition of "communicable disease" in s. 990.01 (5g) does not apply to this paragraph.

SB307, s. 118 Section 118. 93.07 (10m) of the statutes is created to read:

SB307,32,17 93.07 (10m) Rules for domestic animals. To promulgate rules specifying which animals are domestic animals for purposes of s. 169.01 (7). The rules shall specify that fur-bearing animals to which s. 29.627 applies are domestic animals.

SB307, s. 119 Section 119. 95.001 (1) (a) of the statutes is renumbered 95.001 (1) (ag) and amended to read:

SB307,32,24 95.001 (1) (ag) "Farm-raised deer" means an animal that is a member of the family cervidae and of the genus dama, the genus rangifer or the genus cervus, except for an elk a cervid that is kept in captivity or a cervid that is present in the wild and that does not have has an ear tag or other mark identifying it as being raised on a farm.

SB307, s. 120 Section 120. 95.001 (1) (ad) of the statutes is created to read:

SB307,33,1 95.001 (1) (ad) "Domestic animal" means any of the following:

SB307,33,3 1. An animal that is a member of a species that has been domesticated by humans.

SB307,33,4 2. A farm-raised deer, farm-raised game bird, or farm-raised fish.

SB307,33,5 3. An animal that is listed as a domestic animal by rule by the department.

SB307, s. 121 Section 121. 95.001 (1) (ah) of the statutes is created to read:

SB307,33,8 95.001 (1) (ah) "Farm-raised fish" means any fish egg that is present on a fish farm or any fish that is reared on a fish farm.

SB307, s. 122 Section 122. 95.001 (1) (ai) of the statutes is created to read:

SB307,33,11 95.001 (1) (ai) "Farm-raised game bird" has the meaning given in s. 169.01 (12m).

SB307, s. 123 Section 123. 95.10 (5) of the statutes is amended to read:

SB307,33,17 95.10 (5) No person shall remove or permit the removal of any swine from any premises where public or commercial garbage is received, except to federally inspected slaughtering establishments and other slaughtering establishments approved by the state to receive diseased animals, and only if such swine are accompanied by a health certificate issued by a veterinarian of veterinary inspection.

SB307, s. 124 Section 124. 95.12 of the statutes is amended to read:

SB307,33,24 95.12 False pedigree. No person with intent to defraud shall obtain from any corporation, association, society or company organized for the purpose of improving breeds of domestic animals, a false certificate of registration of any such domestic animal in the herd or other register of any such corporation, association, society or company, or the transfer of any such certificate, or shall, with intent to defraud, give a false pedigree of any such domestic animal.

SB307, s. 125 Section 125. 95.13 of the statutes is amended to read:

SB307,34,12 95.13 Misrepresenting breed of domestic animal. No person shall sell or barter or cause to be sold or bartered any domestic animal and represent, or cause to be represented that such domestic animal is a pure bred domestic animal, when in fact such domestic animal is not registered, or entitled to registry, in any pure breed registry maintained for such domestic animals; nor shall any person knowingly utter, pass or deliver to any person as true, any false, or altered pedigree; nor shall any person refuse to deliver proper certificate of registry for any domestic animal sold or transferred by the person, having represented at the time of sale or transfer, and as an inducement thereto, that such domestic animal was registered and that the person possessed and would deliver a certificate of registry as evidence thereof, or that such domestic animal was entitled to registry and that the person would secure such certificate and deliver the same.

SB307, s. 126 Section 126. 95.17 of the statutes is amended to read:

SB307,35,7 95.17 Animal diseases; cooperation with United States. Whenever it is determined by the department and the state constitutional officers that it is necessary to combat dangerous diseases among domestic in animals in this state in cooperation with the U.S. department of agriculture and to destroy animals affected with or which have been exposed to any such disease or to destroy property in the disinfection of the premises or to do any other act or incur any other expense reasonably necessary in suppressing or combating such disease, the department may accept, on behalf of the state, the rules and regulations prepared by the U.S. department of agriculture under authority of an act of congress relating to the suppression of any such disease and cooperate with the authorities of the U.S. in the enforcement of their provisions; or it may follow such procedure as to inspection, vaccination, condemnation, appraisal, disinfection and other acts reasonably necessary in the suppression of such diseases as may be agreed upon and adopted by the department and the state constitutional officers with the representatives of the U.S. department of agriculture. Within the amount which may, subsequent to March 23, 1915, be appropriated for this purpose, the state shall pay such proportion of the expense incurred in suppressing or combating any such disease and in compensating owners of animals slaughtered under this section as shall be determined by and mutually agreed upon with the U.S. department of agriculture.

SB307, s. 127 Section 127. 95.20 of the statutes is repealed and recreated to read:

SB307,35,13 95.20 Import and movement of animals. The department may prohibit or regulate the importing of animals into this state or the movement of animals within this state if the department has reasonable grounds to believe that regulation or prohibition is necessary to prevent the introduction or spread of a disease in this state that threatens the health of animals or of humans.

SB307, s. 128 Section 128. 95.22 of the statutes is repealed and recreated to read:

SB307,35,19 95.22 Reporting animal diseases. (1) A veterinarian and the department of natural resources shall report to the department of agriculture, trade and consumer protection any disease specified in the rules promulgated under sub. (2) (a) each time a veterinarian or the department of natural resources discovers that such a disease is present in any animal in this state.

SB307,35,20 (2) The department shall promulgate rules that specify all of the following:

SB307,35,22 (a) The diseases that a veterinarian or the department of natural resources must report under this section.

SB307,35,24 (b) For each disease specified in par. (a), the deadline for reporting the disease after the date of its discovery.

SB307,36,2 (c) The information that a veterinarian or the department of natural resources must include in his or her report.

SB307,36,3 (d) Procedures to be used in preparing and submitting the report.

SB307,36,8 (3) The department of agriculture, trade and consumer protection shall notify the department of natural resources of the contents of any report submitted under sub. (1) by a veterinarian if the department of agriculture, trade and consumer protection determines that the disease that is the subject of the report may present a threat to any wild animals present in this state.

SB307, s. 129 Section 129. 95.24 (3) (a) (intro.) of the statutes is amended to read:

SB307,36,16 95.24 (3) (a) (intro.) No type of living vaccine for immunizing against anthrax or swine erysipelas may be administered to any domestic animal, including fowl, or sold or dispensed in this state without first having obtained the written approval of the chief veterinarian of the department. Approval to administer such vaccine shall be granted to licensed veterinarians only, and then only to qualify the domestic animal or fowl for export or in the event that any of the following has been established:

SB307, s. 130 Section 130. 95.24 (3) (a) 1. of the statutes is amended to read:

SB307,36,18 95.24 (3) (a) 1. The domestic animals to be so treated are infected.

SB307, s. 131 Section 131. 95.24 (3) (a) 2. of the statutes is amended to read:

SB307,36,21 95.24 (3) (a) 2. The domestic animals to be so treated are on premises known to be contaminated.

SB307, s. 132 Section 132. 95.24 (3) (a) 3. of the statutes is amended to read:

SB307,36,25 95.24 (3) (a) 3. The domestic animals to be so treated have been exposed within 40 days to infection with the disease for which the living vaccine is prescribed as a proper immunizing agent.

SB307, s. 133 Section 133. 95.31 (1) of the statutes is amended to read:

SB307,37,9 95.31 (1) The department shall have general power and authority to may condemn and order the slaughter or destruction of animals that are affected with or exposed to a contagious and or infectious diseases as disease if the department determines that it is necessary to do so to prevent or control the spread of dangerous diseases among domestic animals of this state. The department shall pay indemnities to the owners of animals condemned and destroyed as provided in this chapter the disease. Condemned animals shall be slaughtered or destroyed as directed by the department.

SB307, s. 134 Section 134. 95.31 (2) of the statutes is amended to read:

SB307,37,16 95.31 (2) Whenever If the department determines that it is necessary to condemn diseased animals an animal under sub. (1), the department shall, in all cases where the payment of indemnities is authorized under this chapter, appraise the condemned animals animal as provided in s. 95.32 and shall notify the owner in writing of the appraised value. The notice shall include the number and description of the animals and the name of the owner.

SB307, s. 135 Section 135. 95.31 (3) of the statutes is amended to read:

SB307,38,2 95.31 (3) In addition to the indemnities for specific animal diseases provided under ss. 95.25, 95.26 and 95.27 or under special emergency programs and subject to s. 95.36, the department shall pay indemnities on livestock condemned and slaughtered or destroyed because of other diseases if the department determines that the condemnation and slaughter or destruction is necessary to protect public health or the livestock industry. The indemnity under this subsection shall be two-thirds of the difference between net salvage value and appraised value, but may not exceed $1,500 for an animal. As used in this subsection, "livestock" means animals of species raised primarily to produce food for human consumption, including farm-raised deer.

SB307, s. 136 Section 136. 95.31 (4) of the statutes is amended to read:

SB307,38,15 95.31 (4) In the event of a major or serious outbreak of dangerous diseases affecting a contagious or infectious disease that may affect public health or the health of domestic animals requiring and that requires special control measures, the department may request the joint committee on finance to release funds appropriated under s. 20.115 (2) (b) as needed to conduct emergency control programs independently or in cooperation with federal or local units of government and, subject to s. 95.36, to pay indemnities on animals of species raised primarily to produce food for human consumption, including farm-raised deer, condemned and slaughtered or destroyed under the emergency control programs. For all indemnities paid under this subsection, the state shall pay two-thirds of the difference between the net salvage value and the appraised value of an animal, except that no payment may exceed $1,500 for an animal.

SB307, s. 137 Section 137. 95.38 (1) of the statutes is amended to read:

SB307,38,23 95.38 (1) It shall be unlawful for any person to in any manner change any test record, falsely record any test, misrepresent the identification of any animal or any other material fact on any test record, interstate health certificate, certificate of veterinary inspection, vaccination record, claim for indemnity, or any disease control report or application to the department. It shall be unlawful for any person to induce or to conspire with another, either directly or indirectly, to do any of the said prohibited acts.

SB307, s. 138 Section 138. 95.45 (title) of the statutes is repealed and recreated to read:

SB307,39,2 95.45 (title) Certificates of veterinary inspection; tests for interstate shipment.

SB307, s. 139 Section 139. 95.45 (2) of the statutes is repealed.

SB307, s. 140 Section 140. 95.45 (3) of the statutes is repealed.

SB307, s. 141 Section 141. 95.45 (4) of the statutes is created to read:

SB307,39,8 95.45 (4) (a) If the department requires that a certificate of veterinary inspection accompany an animal imported into this state, the veterinarian who issues the certificate shall file a copy of the certificate with the department.

SB307,39,14 (b) If a certificate of veterinary inspection is required for a wild animal under s. 169.04 (2) (d) and (3) (a) or 169.06 (1) (d) 1., the veterinarian who issues the certificate shall file a copy of the certificate with the department of agriculture, trade and consumer protection. The department of agriculture, trade and consumer protection shall provide a copy of the certificate to the department of natural resources.

SB307,39,16 (c) The department may promulgate rules to impose requirements on the form, issuance, and filing of certificates of veterinary inspection.

SB307, s. 142 Section 142. 95.45 (5) of the statutes is created to read:

SB307,39,19 95.45 (5) Any certificate of veterinary inspection prepared under this chapter or ch. 169 shall comply with any rules that are promulgated by the department.

SB307, s. 143 Section 143. 95.49 (1) (e) of the statutes is amended to read:

SB307,39,23 95.49 (1) (e) Animals not known to be reactors moved to the premises of a livestock an animal market operator licensed under s. 95.68 or a livestock an animal dealer licensed under s. 95.69, for sale and removal as provided in sub. (2).

SB307, s. 144 Section 144. 95.49 (1m) (e) of the statutes is amended to read:

SB307,40,3 95.49 (1m) (e) Animals not known to be reactors moved to the premises of a livestock an animal market operator licensed under s. 95.68 or a livestock an animal dealer licensed under s. 95.69, for sale and removal as provided in sub. (2).

SB307, s. 145 Section 145. 95.49 (2) of the statutes is amended to read:

SB307,40,8 95.49 (2) Animals moved to the premises of a livestock an animal market or animal dealer pursuant to the exemption from brucellosis test in sub. (1) (e) or (1m) (e) may be removed only in compliance with the brucellosis test requirements in sub. (1) or (1m).

SB307, s. 146 Section 146. 95.55 (title) of the statutes is amended to read:

SB307,40,10 95.55 Farm-raised deer; registration.

SB307, s. 147 Section 147. 95.55 (1) (b) of the statutes is renumbered 95.55 (1) (b) 1.

SB307, s. 148 Section 148. 95.55 (1) (b) 2. of the statutes is created to read:

SB307,40,15 95.55 (1) (b) 2. The department may promulgate rules to exempt groups of persons or species of farm-raised deer from the registration requirement under this section.

SB307, s. 149 Section 149. 95.55 (3m) of the statutes is created to read:

SB307,40,18 95.55 (3m) Authorization. A person who is registered under this section may do any of the following:

SB307,40,19 (a) Possess, propagate, purchase, sell, hunt, kill, and exhibit farm-raised deer.

SB307,40,21 (b) Hunt or sell or offer to sell the opportunity to hunt farm-raised deer that the person owns.

SB307, s. 150 Section 150. 95.55 (5) of the statutes is created to read:

SB307,41,6 95.55 (5) Hunting. (a) A person hunting farm-raised deer is exempt from having any hunting approval issued under ch. 29 and is exempt from any closed season restrictions or bag limits established by the department of natural resources. In order to regulate the hunting of farm-raised deer, the department of agriculture, trade and consumer protection may promulgate rules to establish tagging requirements or other methods for identifying dead farm-raised deer that have been legally hunted or killed and to impose other conditions or requirements regulating the hunting of farm-raised deer. Section 29.314 applies to the hunting of farm-raised deer.

SB307,41,9 (b) No owner of farm-raised deer may sell, or offer to sell, the opportunity to hunt farm-raised deer unless the farm-raised deer to be hunted are confined in an area of 80 contiguous acres or more.

SB307,41,12 (c) The department of natural resources and the department of agriculture, trade and consumer protection shall cooperate with each other with respect to the hunting of farm-raised deer.