AB763: Bill Text

LRB-3474/3

RCT:kmg:rs

2003 - 2004 LEGISLATURE

2003 Assembly BILL 763

January 27, 2004 - Introduced by Representatives Hubler, M. Lehman, Hahn, Miller, Freese, Plouff, Molepske and Gronemus, cosponsored by Senator A. Lasee. Referred to Committee on Agriculture.

AB763,1,3 An Act to amend 95.31 (3); and to create 95.31 (3m) of the statutes; relating to: payments to persons whose animals are destroyed because of a transmissible spongiform encephalopathy.

Analysis by the Legislative Reference Bureau

Current law provides for payments to be made by this state to the owners of certain animals that are ordered by the Department of Agriculture, Trade and Consumer Protection (DATCP) to be destroyed because of exposure to or infection with rabies, tuberculosis, brucellosis, and pseudorabies. In addition, DATCP is required to make payments for livestock destroyed because of other diseases if DATCP determines that the destruction is necessary to protect public health or the livestock industry. An animal disease indemnity payment for the destruction of a livestock animal because of other diseases equals two-thirds of the difference between the appraised value of the animal and the sum of any federal indemnity plus any payment that the owner received from selling the slaughtered animal, but not more than $1,500 per animal.

This bill specifies that DATCP must provide indemnification if it orders animals that are raised commercially, other than livestock, to be destroyed because of transmissible spongiform encephalopathies (TSEs) and if DATCP determines that the destruction is necessary to protect public health or animal health. TSEs are a group of central nervous system diseases. Bovine spongiform encephalopathy, commonly called mad cow disease, and chronic wasting disease are TSEs. The bill also specifies that bovine spongiform encephalopathy is one of the diseases for which DATCP must provide indemnification if it orders a livestock animal to be destroyed.

For further information see the state 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:

AB763, s. 1 Section 1. 95.31 (3) of the statutes is amended to read:

AB763,2,11 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, including bovine spongiform encephalopathy, 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.

AB763, s. 2 Section 2. 95.31 (3m) of the statutes is created to read:

AB763,2,19 95.31 (3m) Subject to s. 95.36, the department shall pay indemnities on animals other than livestock, as defined in sub. (3), that are raised for commercial purposes and that are condemned and destroyed because of transmissible spongiform encephalopathies if the department determines that the condemnation and destruction are necessary to protect public health or animal health. 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.

AB763,2,20 (End)