SB563: Bill Text

Under current law, there are many requirements and restrictions relating to wild animals, including those relating to hunting, killing, possessing, transporting, selling, serving, and stealing wild animals. However, these requirements and restrictions generally do not apply to farm-raised deer. The bill exempts farm-raised game bovids from these requirements and restrictions and specifically allows the hunting of farm-raised game bovids without a license.

The bill requires farm-raised game bovids to be fenced in the same manner as farm-raised deer other than white-tailed deer. The bill also treats farm-raised game bovids in the same manner as farm-raised deer for the purpose of sales taxes; farmland preservation and the purchase of agricultural conservation easements; various trade regulation provisions, such as the misrepresentation of animal breeds; disease control, with the exception that farm-raised game bovids are not required to be tested for chronic wasting disease; premises registration; voluntary tagging; indemnity payments for condemned animals; animal market licensing; slaughtering; and the seizure and disposal of escaped animals.

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:

SB563,1 Section 1. 29.001 (25s) of the statutes is created to read:

SB563,2,5 29.001 (25s) “Farm-raised game bovid" has the meaning given in s. 95.001 (1) (aim).

SB563,2 Section 2. 29.011 (3) of the statutes is amended to read:

SB563,2,9 29.011 (3) This section does not apply to farm-raised deer, farm-raised game bovids, farm-raised game birds, farm-raised fish, or wild animals that are subject to regulation under ch. 169.

SB563,3 Section 3. 29.047 (2) (b) of the statutes is amended to read:

SB563,3,4 29.047 (2) (b) The possession, transportation, delivery or receipt of farm-raised deer, farm-raised game bovids, farm-raised game birds, farm-raised fish, or wild animals that are subject to regulation under ch. 169.

SB563,4 Section 4. 29.055 of the statutes is amended to read:

SB563,3,15 29.055 Wild animals; possession in closed season or in excess of bag limit. Except as expressly provided in this chapter, no person may have in the person's possession or under the person's control, or have in storage, any wild animal or carcass that was taken during the closed season for that wild animal or that is in excess of the bag or possession limit or contrary to the size limits for that wild animal. The open and closed seasons and the bag, possession and size limits of the state, province or country in which a wild animal was taken shall apply to the wild animal or the carcass if it was lawfully killed outside of this state. This section does not apply to farm-raised deer, farm-raised game bovids, farm-raised fish, farm-raised game birds, or wild animals that are subject to regulation under ch. 169.

SB563,5 Section 5. 29.057 of the statutes is amended to read:

SB563,3,22 29.057 Wild animals; possession in open season. It is unlawful to possess or control at any time a protected wild animal or the carcass of any protected wild animal showing that it was taken during the closed season for the protected wild animal. This section does not apply to farm-raised deer, farm-raised game bovids, farm-raised fish, farm-raised game birds, or wild animals that are subject to regulation under ch. 169.

SB563,6 Section 6. 29.334 (3) of the statutes is amended to read:

SB563,4,3 29.334 (3) This section does not apply to farm-raised deer, farm-raised game bovids, farm-raised game birds, or wild animals that are subject to regulation under ch. 169.

SB563,7 Section 7. 29.354 (5) of the statutes is amended to read:

SB563,4,8 29.354 (5) Captive wild animals. This section does not apply to farm-raised deer, farm-raised game bovids, farm-raised fish, fish produced in a municipal fish hatchery, farm-raised game birds, or wild animals that are subject to regulation under ch. 169.

SB563,8 Section 8. 29.357 (5) (b) of the statutes is amended to read:

SB563,4,13 29.357 (5) (b) Subsections (1) to (4m) do not apply to the possession, transportation, delivery, or receipt of farm-raised deer, farm-raised game bovids, farm-raised fish, fish produced in a municipal fish hatchery, farm-raised game birds, or wild animals that are subject to regulation under ch. 169.

SB563,9 Section 9. 29.539 (1m) (d) of the statutes is amended to read:

SB563,4,17 29.539 (1m) (d) A farm-raised deer, farm-raised game bovids, a farm-raised fish, fish produced in a municipal fish hatchery, a farm-raised game bird, or a wild animal that is subject to regulation under ch. 169 or the carcass of such a wild animal.

SB563,10 Section 10. 29.541 (3) of the statutes is amended to read:

SB563,4,21 29.541 (3) Exemption. This section does not apply to the meat from farm-raised deer, farm-raised game bovids, farm-raised fish, or farm-raised game birds or to meat that is subject to regulation under s. 169.14.

SB563,11 Section 11. 29.875 (1g) of the statutes is renumbered 29.875 (1g) (intro.) and amended to read:

SB563,4,24 29.875 (1g) (intro.) In this section, “deer":

SB563,4,25 (a) “Deer” means any species of deer.

SB563,12 Section 12. 29.875 (1g) (b) of the statutes is created to read:

SB563,5,3 29.875 (1g) (b) “Farm-raised game bovid" has the meaning given in s. 95.001 (1) (aim).

SB563,13 Section 13. 29.875 (1r) of the statutes is amended to read:

SB563,5,10 29.875 (1r) The department may seize and dispose of or may authorize the disposal of any deer or farm-raised game bovid that has escaped from land owned by a person registered under s. 95.55 or by a person who is subject to s. 169.04 (5m) if the escaped deer or farm-raised game bovid has traveled more than 3 miles from the land or if the licensee or person has not had the deer or farm-raised game bovid returned to the land within 24 hours of the discovery of the escape.

SB563,14 Section 14. 29.875 (2) of the statutes is amended to read:

SB563,5,15 29.875 (2) Notwithstanding sub. (1r), the department may dispose of the deer or farm-raised game bovid immediately if the department of agriculture, trade and consumer protection determines that the deer or farm-raised game bovid poses a risk to public safety or to the health of other domestic or wild animals.

SB563,15 Section 15. 29.885 (1) (f) of the statutes is amended to read:

SB563,5,20 29.885 (1) (f) Notwithstanding s. 29.001 (90), “wild animal" means any undomesticated mammal or bird, but does not include farm-raised deer, farm-raised game bovids, farm-raised game birds, or wild animals that are subject to regulation under ch. 169.

SB563,16 Section 16. 29.969 of the statutes is amended to read:

SB563,6,2 29.969 Larceny of wild animals. A person who, without permission of the owner, disturbs or appropriates any wild animal or its carcass that has been lawfully reduced to possession by another shall forfeit not less than $1,000 nor more than $2,000. This section does not apply to farm-raised deer, farm-raised game bovids, farm-raised fish, farm-raised game birds, or wild animals that are subject to regulation under ch. 169.

SB563,17 Section 17. 29.971 (14) of the statutes is amended to read:

SB563,6,13 29.971 (14) In any prosecution under this section it is not necessary for the state to allege or prove that the animals were not farm-raised deer, farm-raised game bovids, farm-raised fish, farm-raised game birds, wild animals subject to regulation under ch. 169, or domestic animals, that they were not taken for scientific purposes, or that they were taken or in possession or under control without a required approval. The person claiming that these animals were farm-raised deer, farm-raised game bovids, farm-raised fish, farm-raised game birds, wild animals subject to ch. 169, or domestic animals, that they were taken for scientific purposes or that they were taken or in possession or under control under the required approval, has the burden of proving these facts.

SB563,18 Section 18. 29.974 (2) (a) of the statutes is amended to read:

SB563,6,17 29.974 (2) (a) In this subsection, “wild animal" does not include a farm-raised deer, a farm-raised game bovid, a farm-raised fish, a farm-raised game bird, or a wild animal subject to regulation under ch. 169.

SB563,19 Section 19. 77.54 (62) of the statutes is amended to read:

SB563,6,22 77.54 (62) The sales price from the sale of and the storage, use, or other consumption of farm-raised deer, as defined in s. 95.001 (1) (ag), or farm-raised game bovids, as defined in s. 95.001 (1) (aim), sold to a person who is operating a hunting preserve or game farm in this state.

SB563,20 Section 20. 90.20 (title) of the statutes is amended to read:

SB563,6,25 90.20 (title) Fencing of farm-raised deer that are not white-tailed deer and farm-raised game bovids.

SB563,21 Section 21. 90.20 (1) (am) of the statutes is created to read:

SB563,7,3 90.20 (1) (am) “Farm-raised game bovids” has the meaning given in s. 95.001 (1) (aim).

SB563,22 Section 22. 90.20 (2) (intro.) of the statutes is amended to read:

SB563,7,8 90.20 (2) Specifications. (intro.) Unless s. 90.21 or 95.55 (1) (c) applies, any person who keeps farm-raised deer or farm-raised game bovids shall keep the farm-raised deer or farm-raised game bovids enclosed by a fence that meets all of the following requirements:

SB563,23 Section 23. 90.20 (2) (e) of the statutes is amended to read:

SB563,7,11 90.20 (2) (e) The wires are installed on the side of the fence toward the farm-raised deer or farm-raised game bovids, except at corners.

SB563,24 Section 24. 91.01 (20m) of the statutes is amended to read:

SB563,7,15 91.01 (20m) “Livestock" means bovine animals, equine animals, goats, poultry, sheep, swine, farm-raised deer, farm-raised game bovids, farm-raised game birds, camelids, ratites, and farm-raised fish.

SB563,25 Section 25. 93.73 (1m) (dm) of the statutes is amended to read:

SB563,7,19 93.73 (1m) (dm) “Livestock" means bovine animals, equine animals, goats, poultry, sheep, swine, farm-raised deer, farm-raised game birds, farm-raised game bovids, camelids, ratites, and farm-raised fish.

SB563,26 Section 26. 95.001 (1) (ad) 2. of the statutes is amended to read:

SB563,7,22 95.001 (1) (ad) 2. A farm-raised deer, farm-raised game bovid, farm-raised game bird, or farm-raised fish.

SB563,27 Section 27. 95.001 (1) (aim) of the statutes is created to read:

SB563,8,2 95.001 (1) (aim) “Farm-raised game bovid” means an animal that is not currently native to this state, is kept in captivity to be hunted, is a member of the family bovidae, and is a member of the subfamily aepycerotinae, alcelaphinae, antilopinae, bovinae, caprinae, or hippotraginae.

SB563,28 Section 28. 95.185 (2) of the statutes is amended to read:

SB563,8,23 95.185 (2) Voluntary individual animal identification. The department shall create and administer a voluntary program under which a person who has obtained a livestock premises registration under s. 95.51 may obtain RFID tags for individual bovine animals, goats, sheep, swine, or farm-raised deer, or farm-raised game bovids. An RFID tag must include a 15-digit individual animal identification number that is connected to the livestock premises identification code for the animal's premises of origin. As part of the program under this section, the department shall maintain on its Internet site a link to the U.S. Department of Agriculture's list of authorized manufacturers of animal identification number devices. The department may contract with an agent to collect and maintain individual animal identification records, which may include submitting the information to an existing state or federal database. Individual animal identification records held by the department or by an agent with whom the department has contracted are not subject to copying or inspection under s. 19.35 (1) and, unless an exemption provided under s. 95.51 (5) (b) or (c) applies, the department or the agent may not disclose such records. The department may promulgate rules to implement this section. The department may amend any rules promulgated under this section as necessary to adapt to future advances in animal identification technology, including to substitute RFID tags with another technology if RFID technology becomes obsolete.

SB563,29 Section 29. 95.25 (1) of the statutes is amended to read:

SB563,9,8 95.25 (1) In order to detect and control bovine tuberculosis the department may test for tuberculosis those cattle where indication of possible infection is disclosed by means of the slaughter cattle identification program and any other cattle, farm-raised deer, farm-raised game bovids, or other species the department has reason to believe may be infected or exposed or considers necessary to test for any other reason. Tuberculosis tests authorized by the department shall be made at such times and in such manner as the department determines, in the light of the latest and best scientific and practical knowledge and experience.

SB563,30 Section 30. 95.25 (2) of the statutes is amended to read:

SB563,9,18 95.25 (2) Upon reasonable notice, the department, its authorized agents and all inspectors and persons appointed or authorized to assist in the work of applying the tuberculin test, may enter any buildings or enclosures where cattle, farm-raised deer, farm-raised game bovids, or other species are, for the purpose of making inspection and applying the tuberculin test, and any person who interferes therewith or obstructs them in their work or attempts to obstruct or prevent by force the inspection and the testing shall, in addition to the penalty prescribed therefor, be liable for all damages caused thereby to the state or to any person lawfully engaged in the work of inspection and testing.

SB563,31 Section 31. 95.25 (5) of the statutes is amended to read:

SB563,9,25 95.25 (5) For each animal of a species raised primarily to produce food for human consumption, including farm-raised deer and farm-raised game bovids, condemned and slaughtered, except as provided in s. 95.36, the owner shall receive and, upon certificate of the department, the state shall pay two-thirds of the difference between the net salvage value and the appraised value of the animal, but the payment may not exceed $1,500 for an animal.

SB563,32 Section 32. 95.26 (5m) (a) of the statutes is amended to read:

SB563,10,3 95.26 (5m) (a) The department may obtain blood or tissue samples from swine, farm-raised game bovids, and farm-raised deer to test for brucellosis.

SB563,33 Section 33. 95.26 (5m) (b) of the statutes is amended to read:

SB563,10,7 95.26 (5m) (b) The department may condemn swine , farm-raised game bovids, and farm-raised deer that are reactors to the brucellosis test and may quarantine the herd from which the reactors come.

SB563,34 Section 34. 95.26 (7) of the statutes is amended to read:

SB563,10,17 95.26 (7) For each animal of a species raised primarily to produce food for human consumption, including farm-raised deer and farm-raised game bovids, condemned and slaughtered, except as provided in ss. 95.36 and 95.48, the owner shall receive and, upon certificate of the department, the state shall pay two-thirds of the difference between the net salvage value and the appraised value of the animal, but the payment may not exceed $1,500 for an animal. With the consent of the owner the department may condemn, in infected herds, animals which have been exposed and which are suspected of being infected, although the animals have not reacted to the brucellosis tests.

SB563,35 Section 35. 95.30 of the statutes is amended to read:

SB563,10,23 95.30 Disposal of animals infected with tuberculosis. The owner of cattle or, farm-raised deer, or farm-raised game bovids tested and found to be afflicted with bovine tuberculosis shall ship them under the direction of the department to some place designated by it for immediate slaughter under U.S. government inspection, or under the inspection approved by the department.

SB563,36 Section 36. 95.31 (3) of the statutes is amended to read:

SB563,11,10 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, except as provided in sub. (3m). As used in this subsection, “livestock" means animals of species raised primarily to produce food for human consumption, including farm-raised deer and farm-raised game bovids.

SB563,37 Section 37. 95.31 (4) of the statutes is amended to read:

SB563,11,23 95.31 (4) In the event of a major or serious outbreak of a contagious or infectious disease that may affect public health or the health of animals 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 and farm-raised game bovids, 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.

SB563,38 Section 38. 95.33 of the statutes is amended to read:

SB563,12,5 95.33 Tubercular animals that do not react. Whenever in the opinion of the department a bovine or, farm-raised deer, or farm-raised game bovid is afflicted with tuberculosis, although failing to react to the tubercular test, such animal shall be condemned and the appraisal and all subsequent procedure shall be the same as in the case of reactors.

SB563,39 Section 39. 95.40 (1) of the statutes is amended to read:

SB563,12,10 95.40 (1) No person shall use or cause to be used tuberculin or any other agent upon cattle or, farm-raised deer, or farm-raised game bovids, by injection or otherwise, for the purpose of preventing a proper reaction when a tuberculin test is made.

SB563,40 Section 40. 95.41 (2) of the statutes is amended to read:

SB563,12,15 95.41 (2) The department shall provide ear tags to be used for identifying cattle and, farm-raised deer, and farm-raised game bovids tested for purposes of disease control, and shall distribute the tags to persons authorized by the department to identify cattle and, farm-raised deer, and farm-raised game bovids.

SB563,41 Section 41. 95.42 of the statutes is amended to read:

SB563,12,22 95.42 Revocation of permit to test. Only veterinarians approved by the department may apply the tuberculin test to cattle and , farm-raised deer, and farm-raised game bovids, and no veterinarian applying the test may tag or brand reactors except as specifically authorized or directed by the department. Any veterinarian who fails to comply with this section and the rules and instructions furnished by the department shall forfeit all right to apply the tuberculin test.

SB563,42 Section 42. 95.51 (1) of the statutes is amended to read: