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LRB-2277/1
KP:wlj
2017 - 2018 LEGISLATURE
June 6, 2017 - Introduced by Representatives Wachs, Milroy, Meyers, Barca,
Berceau, Billings, Brostoff, Considine, Fields, Hesselbein, Mason,
Ohnstad, Spreitzer, Subeck and Zamarripa, cosponsored by Senators Miller
and Carpenter. Referred to Committee on Natural Resources and Sporting
Heritage.
AB374,1,6 1An Act to renumber 90.20 (1) (a); to amend 20.370 (1) (mu), 20.370 (3) (mu),
290.21 (2) (b), 90.21 (3) (c), 90.21 (6), 90.21 (7), 95.55 (1) (c) (intro.), 169.38 (1)
3(intro.) and 169.38 (2) (d); and to create 90.20 (1) (ag), 90.20 (2) (f), 90.20 (5),
4(6), (7) and (8), 90.21 (6m), 90.22 and 95.55 (1) (c) 7. of the statutes; relating
5to:
fence requirements for deer farms, granting rule-making authority, and
6making appropriations.
Analysis by the Legislative Reference Bureau
This bill subjects the fences that enclose deer farms to additional requirements,
especially if chronic wasting disease (CWD) is confirmed in a farm-raised deer that
is kept in captivity on the deer farm. Under the bill, “farm-raised deer” means any
animal of the cervid family, which includes white-tailed deer, non-white-tailed deer,
reindeer, elk, and moose, that is kept in captivity. The bill requires each deer farm
to pay a fee for and hold a fence inspection certificate issued by the Department of
Natural Resources after DNR inspects the fence enclosing the deer farm and
determines that it meets certain requirements. The bill provides that a fence
inspection certificate for a deer farm is valid for two years, except that a fence
inspection certificate for a deer farm is valid for one year if CWD has been confirmed
in a farm-raised deer kept in captivity on that deer farm. Current law requires that
fences enclosing a deer farm meet certain specifications but does not require a fence
inspection certificate for a deer farm unless the deer farm keeps at least one

white-tailed deer. Under current law, the fence inspection certificates for deer farms
keeping white-tailed deer are valid for approximately ten years.
Further, the bill requires deer farms to install an electronic monitoring system,
or other system approved by DNR, on each gate in the perimeter fence enclosing a
deer farm. Additionally, under the bill, if CWD is confirmed in a farm-raised deer,
the deer farm must install, within 30 days, either 1) a double-perimeter fence, with
each layer of the fence meeting the mandatory specifications; or 2) an electric fence
that meets requirements established by DNR by rule.
The bill requires that if the farm-raised deer kept on a deer farm have been
removed because CWD is confirmed at that deer farm, the operator of the deer farm,
or the landowner, must maintain the fences enclosing the deer farm until DNR and
the Department of Agriculture, Trade and Consumer Protection certify that the deer
farm has been free of CWD prions for five years. If a fence fails to meet the
specifications under the bill, DNR must issue an order to the person who is required
to maintain the fence to bring it into compliance within ten days. The bill grants
DNR authority to inspect the fence enclosing deer farms containing
non-white-tailed deer at any time. DNR has authority under current law to inspect
the fences enclosing white-tailed deer farms at any time.
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:
AB374,1 1Section 1. 20.370 (1) (mu) of the statutes is amended to read:
AB374,2,102 20.370 (1) (mu) General program operations — state funds. The amounts in
3the schedule for general program operations that do not relate to the management
4and protection of the state's fishery resources and that are conducted under ss. 23.09
5to 23.11, 27.01, 30.203, 30.277, and 90.21 90.20 to 90.22, and chs. 29 and 169, for
6activities conducted under the ecological inventory and monitoring program of the
7endangered resources program, for the aquatic and terrestrial resources inventory
8under s. 23.09 (2) (km), and for payments of $53,700 in each fiscal year, to be credited
9to the appropriation account under s. 20.285 (1) (k), to the University of Wisconsin
10System for outdoor skills training under s. 29.598.
AB374,2 11Section 2. 20.370 (3) (mu) of the statutes is amended to read:
AB374,3,4
120.370 (3) (mu) General program operations — state funds. The amounts in
2the schedule for law enforcement operations under ss. 23.09 to 23.11, 90.21 90.20 to
390.22
, and 323.12 (2) (c) and chs. 29, 30, and 169 and for review of environmental
4impact requirements under ss. 1.11 and 23.40.
AB374,3 5Section 3. 90.20 (1) (a) of the statutes is renumbered 90.20 (1) (ar).
AB374,4 6Section 4. 90.20 (1) (ag) of the statutes is created to read:
AB374,3,77 90.20 (1) (ag) “Department” means the department of natural resources.
AB374,5 8Section 5. 90.20 (2) (f) of the statutes is created to read:
AB374,3,109 90.20 (2) (f) Each gate in the fence has an electronic monitoring system, or other
10system approved by the department by rule, that indicates when the gate is open.
AB374,6 11Section 6. 90.20 (5), (6), (7) and (8) of the statutes are created to read:
AB374,3,1512 90.20 (5) Inspection certificates. (a) No person may keep farm-raised deer
13that are not white-tailed deer unless the deer are contained in a fenced area for
14which the person holds a valid fence inspection certificate issued by the department
15under this subsection.
AB374,3,1916 (b) The department may not issue a fence inspection certificate for a fence that
17is used to contain farm-raised deer that are not white-tailed deer unless the
18department inspects the fence and determines that the fence satisfies all of the
19following requirements:
AB374,3,2020 1. The requirements under sub. (2).
AB374,3,2221 2. If chronic wasting disease has been confirmed in a farm-raised deer that was
22kept in captivity on the deer farm, the requirements under s. 90.22 (2).
AB374,3,2423 (c) Subject to s. 90.22 (2) (b) and (5), a fence inspection certificate issued under
24this subsection is valid for 2 years from the date of issuance.
AB374,4,3
1(d) Subject to s. 95.55 (1) (c), no person may apply for registration under s. 95.55
2in order to keep farm-raised deer that are not white-tailed deer without being first
3issued a fence inspection certificate under this subsection.
AB374,4,64 (e) Notwithstanding pars. (a) and (b), a person may keep farm-raised deer and
5the department shall issue a fence inspection certificate under this subsection if all
6of the following apply:
AB374,4,77 1. The requirements of s. 95.55 (1) (c) are satisfied.
AB374,4,98 2. If chronic wasting disease has been confirmed in a farm-raised deer that was
9kept in captivity on the deer farm, the requirements under s. 90.22 (2) are satisfied.
AB374,4,12 10(6) Fees. (a) The fee for a fence inspection certificate issued under sub. (5) is
11$50 for a fenced area that is fewer than 80 acres in size and $100 for a fenced area
12that is 80 acres or more in size.
AB374,4,1613 (b) If a person expands a fenced area that is fewer than 80 acres in size during
14the period that the fence inspection certificate issued under sub. (5) is valid so that
15the fenced area is 80 acres or more in size, the person shall apply for a new fence
16inspection certificate and pay an additional fee of $50.
AB374,4,22 17(7) Enforcement authority. If a person or fence fails to comply with the
18requirements under sub. (2) or s. 90.22 (2) or (3), the department shall issue an order
19directing the person who is required to maintain the fence to bring the fence into
20compliance within 10 days after the issuance of the order. If the person fails to
21comply with the order within 10 days of its issuance, the department may revoke the
22applicable fence inspection certificate issued under sub. (5).
AB374,5,2 23(8) Penalties. (a) A court may suspend the fence inspection certificate issued
24under sub. (5) of a person who violates this section, and may issue an order

1prohibiting the person from being issued another fence inspection certificate, for a
2combined period totaling not more than 3 years.
AB374,5,53 (b) A court may suspend the registration issued under s. 95.55 of a person who
4violates this section, and may issue an order prohibiting the person from being
5granted another registration, for a combined period totaling not more than 3 years.
AB374,7 6Section 7. 90.21 (2) (b) of the statutes is amended to read:
AB374,5,107 90.21 (2) (b) The department may not issue a fence inspection certificate under
8this section for a fence that is used to contain farm-raised deer that are white-tailed
9deer unless the department inspects the fence and determines that the fence meets
10the requirements established by the department by rule under sub. (6).
AB374,8 11Section 8. 90.21 (3) (c) of the statutes is amended to read:
AB374,5,1412 90.21 (3) (c) A Subject to s. 90.22 (2) (b) and (5), a fence inspection certificate
13issued under par. (a) or (b) shall be valid for 2 years from the date of issuance until
14the 10th December 31 following the date of issuance
.
AB374,9 15Section 9. 90.21 (6) of the statutes is amended to read:
AB374,5,2016 90.21 (6) Rules. The Subject to sub. (6m), the department shall promulgate
17rules to establish requirements for fences for which fence inspection certificates are
18issued under this section. If the rules include provisions authorizing the placement
19of fences in navigable bodies of water, s. 30.12 does not apply to fences placed in
20compliance with these rules.
AB374,10 21Section 10. 90.21 (6m) of the statutes is created to read:
AB374,5,2422 90.21 (6m) Fence specifications. The rules promulgated under sub. (6) shall
23require any person who keeps farm-raised deer that are white-tailed deer to keep
24those deer enclosed by a fence that satisfies all of the following requirements:
AB374,6,2
1(a) Each gate in the fence has an electronic monitoring system, or other system
2approved by the department by rule, that indicates when the gate is open.
AB374,6,43 (b) If chronic wasting disease has been confirmed in a farm-raised deer that
4was kept in captivity on the deer farm, the requirements under s. 90.22 (2).
AB374,11 5Section 11. 90.21 (7) of the statutes is amended to read:
AB374,6,116 90.21 (7) Enforcement authority. If a person or fence fails to comply with the
7requirements established under s. 90.22 (2) or (3) or by rule under sub. (6), the
8department may shall issue an order directing the person who is required to
9maintain the fence to bring the fence into compliance within 10 days after the
10issuance of the order. If the person fails to comply with the order within 10 days of
11its issuance, the department may revoke the applicable fence inspection certificate.
AB374,12 12Section 12. 90.22 of the statutes is created to read:
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