AB857: Bill Text

LRB-4447/1

MCP:cjs

2015 - 2016 LEGISLATURE

2015 Assembly BILL 857

February 4, 2016 - Introduced by Representatives Craig, Czaja, Gannon, Jacque, Knudson, Murtha and Sanfelippo. Referred to Committee on State Affairs and Government Operations.

AB857,1,5 An Act to amend 94.01 (4), 94.02 (1) and 94.02 (2); and to create 94.01 (5) and 94.02 (2m) of the statutes; relating to: the authority of the Department of Agriculture, Trade and Consumer Protection related to the inspection for, and abatement of, pests on properties that are not agricultural lands or agricultural business premises.

Analysis by the Legislative Reference Bureau

This bill changes the authority of the Department of Agriculture, Trade and Consumer Protection regarding the inspection and abatement of pest infestations on properties other than agricultural lands or agricultural business premises.

Current law grants DATCP a number of powers related to organisms that are injurious to plants, animals, and humans (pests). Under the law, DATCP inspectors may enter any property at any reasonable time for purposes of inspection, investigation, and control of suspected pest infestations; may stop any person or vehicle believed to be carrying plants or other materials infested with pests; and may seize and destroy infested plants and other materials transported in violation of any law, rule, or quarantine.

Under this bill, before a DATCP inspector may enter property other than agricultural lands or agricultural business premises for purposes of inspection, investigation, or control of a suspected pest infestation, DATCP must request the permission of the owner of the property. If the owner does not give permission, DATCP may not proceed without an inspection warrant.

Under current law, DATCP may also order the owner of property where a pest infestation occurs to treat the property or treat or destroy infested plants or other material. The owner may appeal the order within ten days. If the owner fails to comply with the order within ten days, DATCP may treat the property or treat or destroy the infested plants or other material and charge the owner for the work.

Under this bill, before DATCP may order the owner of property where a pest infestation occurs, other than agricultural lands or agricultural business premises, to treat the property or treat or destroy infested plants or other material, DATCP must first ask the owner to do so. If the owner does not agree, DATCP may issue an order. The owner has 30 days to appeal the order and, if the owner appeals, DATCP may not treat the premises or treat or destroy the infested plants or other material while the appeal is pending.

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:

AB857,1 Section 1. 94.01 (4) of the statutes is amended to read:

AB857,2,9 94.01 (4) The Subject to sub. (5), the department, through its authorized agents or inspectors, may enter at all reasonable times any property for purposes of inspection, investigation and control of suspected pest infestations or infections and. The department, through its authorized agents or inspectors, may intercept, stop and detain for official inspection any person, truck, vessel, aircraft or other conveyance believed to be carrying plants or other materials infested or infected with pests, and may seize and destroy any such plants or other materials moved, shipped or transported in violation of any law, rule, quarantine notice or order.

AB857,2 Section 2. 94.01 (5) of the statutes is created to read:

AB857,3,2 94.01 (5) Before the department enters, under sub. (4), property other than agricultural lands or agricultural business premises, the department shall seek the permission of the person who owns, controls, or manages the property. If the person does not grant permission or cannot be located, the department may not enter the property without an inspection warrant under s. 66.0119.

AB857,3 Section 3. 94.02 (1) of the statutes is amended to read:

AB857,3,15 94.02 (1) If the department finds any agricultural lands or agricultural business premises, or any plants, plant parts, or pest-harboring materials located thereon are so infested or infected with injurious pests as to constitute a hazard to plant or animal life in the state, or any area thereof, it may notify the owner or person having charge of such premises to that effect, and the owner or person in charge shall, within 10 days after such notice, cause the treatment of the premises or the treatment or removal and destruction of infested or infected plants, host plants or other pest-harboring material as directed in the notice. No person may violate the terms of any notice received under this subsection, nor may any damages be awarded to the owner for such treatment, removal or destruction. Any person affected by a notice or order may appeal to the department and request a hearing under s. 94.01 (2).

AB857,4 Section 4. 94.02 (2) of the statutes is amended to read:

AB857,3,25 94.02 (2) If the owner or person in charge fails to comply with the terms of the a notice under sub. (1), within 10 days after receiving it, the department or any cooperating local unit of government may proceed to treat the premises or to treat or destroy the infested or infected plants or other material. The expense of such abatement shall be certified to the town, city or village clerk and assessed, collected and enforced against the premises upon which such expense was incurred as taxes are assessed, collected, and enforced, and shall be paid to the cooperating unit of government incurring the expense, or into the general fund if the control work was conducted by the department.

AB857,5 Section 5. 94.02 (2m) of the statutes is created to read:

AB857,4,9 94.02 (2m) (a) If the department finds that any premises other than agricultural lands or agricultural business premises, or that any plants, plant parts, or pest-harboring materials located on premises other than agricultural lands or agricultural business premises, are so infested or infected with injurious pests as to constitute a hazard to plant or animal life in the state, or any area of the state, it may ask the owner or person having charge of the premises to cause the treatment of the premises or the treatment or removal and destruction of infested or infected plants, host plants, or other pest-harboring material.

AB857,4,14 (b) If a person does not agree under par. (a) to cause the treatment of the premises or the treatment or removal and destruction of infested or infected plants, host plants, or other pest-harboring material, the department may order the person to take that action. A person receiving an order under this paragraph may appeal the order within 30 days after the date of service. An appeal stays the order.

AB857,4,20 (c) If a person receiving an order under par. (b) does not appeal the order and does not take the ordered action within 30 days after the date of service, the department or a cooperating local unit of government may cause the treatment of the premises or the treatment or removal and destruction of infested or infected plants, host plants, or other pest-harboring material and the person is responsible for the costs of the action.

AB857,4,21 (End)