AB345: Bill Text

LRB-2591/1

MGG:wlj:rs

2005 - 2006 LEGISLATURE

2005 Assembly BILL 345

April 22, 2005 - Introduced by Representatives M. Williams, Petrowski, Turner, Hahn and Albers, cosponsored by Senators Decker, Breske, Cowles and A. Lasee. Referred to Committee on Natural Resources.

AB345,1,4 An Act to amend 95.55 (2) and 95.55 (5) (b); and to create 95.55 (3c), 95.55 (5) (bg) and 95.55 (5) (br) of the statutes; relating to: acreage requirements for areas in which farm-raised deer that may be hunted are kept and transfers of registration certificates for keeping farm-raised deer.

Analysis by the Legislative Reference Bureau

Under current law, the Department of Agriculture, Trade and Consumer Protection (DATCP) administers the laws that regulate farm-raised deer of any species and that require the registration of owners of farmed-raised deer. Under current rules promulgated by DATCP, a registration certificate authorizing a person to keep farm-raised deer is not transferable to another party. This bill specifically authorizes an individual to transfer his or her registration certificate or his or her ownership interest in a deer farm to a member of his or her immediate family.

Under current law, an owner of a deer farm may not charge a fee for hunting deer on the farm unless the deer to be hunted are confined in a contiguous area of 80 acres or more. This bill creates an exemption to this minimum acreage requirement. Under the bill, if the deer farm was licensed by the Department of Natural Resources (DNR) under previous law and if other requirements are met, the contiguous area may be less than 80 acres but may not be less than the area authorized under the DNR license. Also, if an individual who owns a deer farm previously licensed by DNR transfers his or her registration certificate or his or her ownership interest to a member of his or her immediate family, the reduced acreage exemption continues to apply.

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:

AB345, s. 1 Section 1. 95.55 (2) of the statutes is amended to read:

AB345,2,5 95.55 (2) Application. A person shall register under this section using a form provided by the department. The form shall be accompanied by the fee specified under sub. (3). Upon registration, the department shall issue the person a registration certificate.

AB345, s. 2 Section 2. 95.55 (3c) of the statutes is created to read:

AB345,2,9 95.55 (3c) Transfers. (a) No person may transfer a registration certificate issued under this section or an ownership interest in a farm registered under this section except as provided in par. (b).

AB345,2,12 (b) An individual may transfer his or her registration certificate or his or her ownership interest in a farm registered under this section to a member of his or her immediate family.

AB345, s. 3 Section 3. 95.55 (5) (b) of the statutes is amended to read:

AB345,2,17 95.55 (5) (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, except as provided in pars. (bg) and (br).

AB345, s. 4 Section 4. 95.55 (5) (bg) of the statutes is created to read:

AB345,2,20 95.55 (5) (bg) The area required under par. (b) may be less than 80 contiguous acres if all of the following applies:

AB345,3,4 1. The owner subject to par. (b) had a license for a deer farm issued under s. 29.871, 1999 stats., that authorized the hunting of deer and the owner has been registered with the department under this section continuously beginning on January 1, 2003.

AB345,3,6 2. The area is not less than the minimum acreage required under the deer farm license.

AB345,3,9 3. The deer farm license was in effect on January 1, 2003, and a sale of the opportunity to hunt as authorized under the license had occurred before January 1, 2003.

AB345,3,12 4. The proceeds from the sale of the opportunity to hunt as described in subd. 3. were reported to the department of revenue as income generated from the deer farm for taxable years beginning no later than December 31, 2002.

AB345, s. 5 Section 5. 95.55 (5) (br) of the statutes is created to read:

AB345,3,18 95.55 (5) (br) If an individual under this section to whom par. (bg) applies transfers his or her registration certificate or his or her ownership interest to a member of his or her immediate family under sub. (3c) (b), the area required under par. (b) may be less than 80 contiguous acres but may not be less than the minimum acreage required under par. (bg) 2.

AB345,3,19 (End)