AB609: Bill Text

LRB-2676/2

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2005 - 2006 LEGISLATURE

2005 Assembly BILL 609

August 16, 2005 - Introduced by Representatives Kleefisch, Gunderson, Hahn, Musser, Albers, Hines, Kestell, Lamb, Owens, Townsend, Pettis, Montgomery and Ott, cosponsored by Senators Stepp, Wirch and Miller. Referred to Committee on Natural Resources.

AB609,1,12 An Act to repeal 167.31 (4) (bg) 1m. and 167.31 (4) (bg) 2.; to amend 29.047 (1m), 29.047 (2) (a), 29.089 (3), 29.177 (1), 29.347 (2), 29.347 (2m) (b), 29.347 (3) (a), 29.347 (5) (a), 29.347 (5) (b) (intro.) and 29.357 (5) (b); and to create 20.370 (1) (hc), 23.09 (2) (p), 29.001 (19), 29.047 (1) (c) 3., 29.063 (3), 29.063 (4), 29.063 (5), 29.063 (6), 29.347 (6), 29.357 (4m), 29.361 (3m) and 29.506 (5m) of the statutes; relating to: agreements to indemnify persons who process or dispose of carcasses with chronic wasting disease; access to tissue or disease data from wild animals; the regulation of the transportation, possession, control, storage, or disposal of the carcass of a cervid from a chronic wasting disease control zone or a state with confirmed chronic wasting disease; hunting deer in a chronic wasting disease control zone without a deer hunting license; granting rule-making authority; and making an appropriation.

Analysis by the Legislative Reference Bureau

Under current law, the Department of Natural Resources (DNR) may manage and provide funding to conduct testing for chronic wasting disease in cervids (deer and elk). DNR also may designate an area as a chronic wasting disease eradication zone and permit hunting in that zone to control the spread of chronic wasting disease.

This bill allows DNR to promulgate rules regulating the transportation, possession, control, storage, and disposal of the carcass of a cervid to control chronic wasting disease. The bill also allows DNR to promulgate rules prohibiting the transportation of the carcass of a cervid from another state or country in which chronic wasting disease has been confirmed in a cervid. Under the bill, these rules may not apply to certain types of meat and antlers, including deboned meat, wrapped meat, and finished taxidermy heads. The rules, under the bill, would apply to everyone that may be involved with the cervid carcass, including motor vehicle operators who accidently kill a deer on a highway, and hunters, taxidermists, and transporters.

The bill requires any person to provide DNR with sample tissue or data derived from a wild animal if that sample is needed to determine the extent of a disease in wild animals. The bill removes the sunset date of June 30, 2004, to again allow DNR staff, federal employees, and landowners to shoot deer from certain vehicles in areas designated as chronic wasting disease control zones.

The bill also allows DNR and the Department of Agriculture, Trade and Consumer Protection to enter into agreements with persons who own or operate landfills, meat processing facilities, or wastewater treatment facilities to indemnify them for damages resulting from processing or disposal of cervids that have chronic wasting disease.

Under current law, a person must have a valid deer hunting license to obtain a permit to hunt deer. In addition, the person is required to wear a back tag while hunting and to attach a deer tag to any deer killed during the deer hunt. This bill allows DNR to exempt deer hunters in chronic wasting disease control zones from having a deer hunting license. The bill requires DNR to promulgate a rule that establishes eligibility criteria and application procedures for receipt of an exemption from those requirements.

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:

AB609, s. 1 Section 1. 20.370 (1) (hc) of the statutes is created to read:

AB609,2,3 20.370 (1) (hc) Indemnification agreements. From the general fund, a sum sufficient to provide indemnification under agreements under s. 29.063 (6).

AB609, s. 2 Section 2. 23.09 (2) (p) of the statutes is created to read:

AB609,3,4 23.09 (2) (p) Disease control. Require any person to provide the department with disease sample tissue or disease sample data derived from a wild animal, as defined in s. 29.001 (90), if the department decides that the tissue or data is needed to determine the existence or extent of a disease in wild animals in this state.

AB609, s. 3 Section 3. 29.001 (19) of the statutes is created to read:

AB609,3,7 29.001 (19) "Cervid" means any species of deer or elk that is present in the wild and that is not a farm-raised deer.

AB609, s. 4 Section 4. 29.047 (1) (c) 3. of the statutes is created to read:

AB609,3,11 29.047 (1) (c) 3. If the game is a cervid the person transports, possesses, delivers, receives, or controls the carcass of the cervid in compliance with rules promulgated by the department.

AB609, s. 5 Section 5. 29.047 (1m) of the statutes is amended to read:

AB609,3,17 29.047 (1m) Unless prohibited by the laws of an adjoining state or a rule promulgated by the department under s. 29.063 (3) or (4), any person who has lawfully killed a deer or an elk cervid in this state may take the deer or an elk cervid or its carcass into the adjoining state and ship the deer or an elk cervid or carcass from any point in the adjoining state to any point in this state.

AB609, s. 6 Section 6. 29.047 (2) (a) of the statutes is amended to read:

AB609,3,22 29.047 (2) (a) A person who has a valid taxidermist permit and who, in compliance with rules promulgated by the department under s. 29.063 (3) or (4), possesses, transports, causes to be transported, delivers or receives, or offers to deliver or receive, a wild animal carcass in connection with his or her business.

AB609, s. 7 Section 7. 29.063 (3) of the statutes is created to read:

AB609,4,2 29.063 (3) To control chronic wasting disease, the department may promulgate rules regulating the transportation, possession, control, storage, or disposal of the carcass of a cervid in this state, except that the rules may not apply to any of the following:

AB609,4,3 (a) Meat that is cut and wrapped, either commercially or privately.

AB609,4,5 (b) Quarters or other portions of meat to which no part of the spinal column or head is attached.

AB609,4,6 (c) Meat that has been deboned.

AB609,4,7 (d) Hides with no heads attached.

AB609,4,8 (e) Finished taxidermy heads.

AB609,4,9 (f) Antlers with no meat or tissue attached.

AB609,4,10 (g) Skulls with antlers attached and with no meat or tissue attached.

AB609,4,11 (h) Upper canine teeth.

AB609, s. 8 Section 8. 29.063 (4) of the statutes is created to read:

AB609,4,16 29.063 (4) The department may promulgate rules prohibiting the transportation of the carcass of a cervid from another state or country in which chronic wasting disease has been confirmed in a cervid, except that the rules may not apply to any of the following:

AB609,4,17 (a) Meat that is cut and wrapped, either commercially or privately.

AB609,4,19 (b) Quarters or other portions of meat to which no part of the spinal column or head is attached.

AB609,4,20 (c) Meat that has been deboned.

AB609,4,21 (d) Hides with no heads attached.

AB609,4,22 (e) Finished taxidermy heads.

AB609,4,23 (f) Antlers with no meat or tissue attached.

AB609,4,24 (g) Skulls with antlers attached and with no meat or tissue attached.

AB609,4,25 (h) Upper canine teeth.

AB609, s. 9 Section 9. 29.063 (5) of the statutes is created to read:

AB609,5,10 29.063 (5) The department may exempt deer hunters from obtaining a license under this chapter for the hunting of deer in an area that the department has designated by rule as a chronic wasting disease control zone. Deer hunters that are exempted under this subsection shall be at least 12 years of age, except that a person born on or after January 1, 1973, may not hunt deer under this subsection unless he or she complies with ss. 29.304 and 29.593. The department shall by rule establish eligibility criteria and application procedures for receipt of an exemption under this subsection, including a method for obtaining a permit to hunt deer without a license under this subsection.

AB609, s. 10 Section 10. 29.063 (6) of the statutes is created to read: