AB1038: Bill Text

AB1038,22 Section 22. 29.889 (6) (em) 2. of the statutes is created to read:

AB1038,7,22 29.889 (6) (em) 2. Damage to commercial seedings or crops growing on agricultural land caused by operating a vehicle in a field in order to place a live bear trap pursuant to the wildlife damage abatement program is eligible for wildlife damage claim payment.

AB1038,23 Section 23. 29.889 (6) (f) of the statutes is renumbered 29.889 (6) (f) (intro.) and amended to read:

AB1038,8,2 29.889 (6) (f) Other eligibility requirements. (intro.) In order to be eligible for wildlife damage claim payments, a all of the following apply:

AB1038,8,5 1. A person is required to comply with eligibility requirements adopted by the department under sub. (2) (b) and with eligibility requirements specified in the plan of administration under sub. (3) (c).

AB1038,24 Section 24. 29.889 (6) (f) 2. and 3. of the statutes are created to read:

AB1038,8,9 29.889 (6) (f) 2. Except as provided in subd. 3., a person may not receive both a payment of a crop insurance claim for wildlife damage and a payment for a wildlife damage claim that arose from the same growing season.

AB1038,8,17 3. a. A person is not eligible for a wildlife damage claim payment for crop damage cause by a bear unless the person has crop insurance that covers wildlife damage. Except as provided in subd. 3. b., the amount of a wildlife damage claim payment for crop damage caused by a bear may not be determined until an insurance claim for the damage is filed and settled. A person who receives a payment of a crop insurance claim for damage caused by a bear may receive a payment for a wildlife damage claim that arose from the same growing season for up to the amount of the damage that was not covered by the insurance payment, subject to sub. (7) (b) 4.

AB1038,8,21 b. A person under subd. 3. a. is not required to submit a crop insurance claim for crop damage caused by a bear before receiving a wildlife damage claim payment for that damage if the cumulative crop damage is not sufficient to warrant a crop insurance claim.

AB1038,25 Section 25. 29.889 (7) (a) of the statutes is amended to read:

AB1038,9,2 29.889 (7) (a) Investigation. A participating county The department shall investigate each statement of claim and determine the total amount of the wildlife damage that occurred, regardless of the amount that may be eligible for payment under par. (b).

AB1038,26 Section 26. 29.889 (7) (b) (intro.) of the statutes is amended to read:

AB1038,9,6 29.889 (7) (b) Calculating amount of payment. (intro.) In calculating the amount of the wildlife damage claim payment to be paid for a claim under par. (a), the participating county department shall determine the amount as follows:

AB1038,27 Section 27 . 29.889 (7) (b) 2. of the statutes is amended to read:

AB1038,9,10 29.889 (7) (b) 2. If the amount of claim is more than $500 but not more than $5,250 $5,500, the claimant will be paid 100 percent of the amount of the claim that exceeds $500.

AB1038,28 Section 28. 29.889 (7) (b) 3. of the statutes is amended to read:

AB1038,9,14 29.889 (7) (b) 3. If the amount of the claim is more than $5,250 $5,500, the claimant will be paid the amount calculated under subd. 2., plus 80 percent of the amount of the claim that exceeds $5,250, subject to subd. 4. $5,500.

AB1038,29 Section 29. 29.889 (7) (b) 4. of the statutes is amended to read:

AB1038,9,17 29.889 (7) (b) 4. The total amount paid to a claimant under this paragraph may not exceed $10,000 $25,000 for each claim.

AB1038,30 Section 30. 29.889 (7) (bm) of the statutes is repealed.

AB1038,31 Section 31. 29.889 (7) (d) 2. of the statutes is amended to read:

AB1038,9,24 29.889 (7) (d) 2. The department shall pay claimants under subd. 1. from the appropriation under s. 20.370 (5) (fq) after first deducting from s. 20.370 (5) (fq) payments made for county administrative costs under sub. (2) (d) and payments made for wildlife damage abatement assistance under sub. (5) (c). If the amount remaining after these deductions from the appropriation under s. 20.370 (5) (fq) are not sufficient to pay the full amount required under subd. 1., the department shall pay claimants on a prorated basis.

AB1038,32 Section 32. 29.889 (7m) (a) of the statutes is amended to read:

AB1038,10,12 29.889 (7m) (a) Requirements. A person who receives wildlife damage abatement assistance or wildlife damage claim payments and any other person who owns, leases, or controls the land where the wildlife damage occurred shall permit hunting of the type of wild animals causing the wildlife damage on that land and on contiguous land under the same ownership, lease or control, subject to par. (ae). In order to satisfy the requirement to permit hunting under this subsection, the land shall be open to hunting during the appropriate open season. The county, with the assistance of the department, shall determine the acreage of land suitable for hunting.

AB1038,33 Section 33. 29.889 (7m) (ae) 1. of the statutes is amended to read:

AB1038,10,16 29.889 (7m) (ae) 1. A Except as provided under par. (au), a hunter may hunt on land covered by par. (a) only if the hunter notifies the landowner of his or her intent to hunt on the land.

AB1038,34 Section 34. 29.889 (7m) (ae) 4. (intro.) of the statutes is amended to read:

AB1038,10,20 29.889 (7m) (ae) 4. (intro.) A Except as provided under par. (au), a landowner may deny a hunter access to land covered by par. (a) for reasonable cause, including any of the following:

AB1038,35 Section 35. 29.889 (7m) (au) of the statutes is created to read:

AB1038,11,4 29.889 (7m) (au) Registration system for bear hunting. When land is open to bear hunting under this subsection, the department shall establish and administer, without input by the landowner, an Internet-based registration system under which, beginning at midnight, hunters may register to hunt bear on a particular parcel of land that day. A landowner may deny a hunter access to land under this paragraph only if the hunter has not registered using the department's registration system for that day, if the hunter brings a motor vehicle onto the land without the landowner's permission, or for the reasons under par. (ae) 4. b. and c.

AB1038,36 Section 36. 29.889 (7m) (av) of the statutes is created to read:

AB1038,11,9 29.889 (7m) (av) Exemption; damage caused by bears on leased land. The requirement under par. (a) does not apply to a person who acquires a live bear trap with wildlife damage abatement assistance as an abatement measure for damage caused by bears on land that the person leases.

AB1038,37 Section 37. 29.889 (8g) of the statutes is amended to read:

AB1038,11,14 29.889 (8g) Review. A participating county's The department's determination of the amount of wildlife damage, the amount of a wildlife damage claim, or the amount of wildlife damage abatement assistance shall be treated as a final decisions decision for purposes of review.

AB1038,38 Section 38. 29.889 (8r) (a), (b) and (c) of the statutes are amended to read:

AB1038,11,19 29.889 (8r) (a) Records. A person receiving wildlife damage abatement assistance or wildlife damage claim payments shall retain all records as required by the participating county or the department and make them available to the participating county or the department for inspection at reasonable times.

AB1038,11,22 (b) Entry to land. The department or a participating county may enter and inspect, at reasonable times, any land for which a wildlife damage claim has been filed or for which wildlife damage abatement measures have been implemented.

AB1038,12,3 (c) Responsibilities. No person may refuse entry or access to or withhold records from the department or the participating county under this subsection. No person may obstruct or interfere with an inspection by the department or a participating county under this subsection. The department or participating county, if requested, shall furnish to the person a report setting forth all of the factual findings by the department or participating county that relate to the inspection.

AB1038,39 Section 39 . 29.89 (3) (a) of the statutes is repealed.

AB1038,40 Section 40 . 29.89 (5) (b) 2. c. of the statutes is amended to read:

AB1038,12,9 29.89 (5) (b) 2. c. Moneys are available under s. 20.370 (5) (fq) after first deducting from s. 20.370 (5) (fq) payments made for county administrative costs, payments made for wildlife damage abatement assistance, and wildlife damage claim payments under s. 29.889.

AB1038,41 Section 41. Nonstatutory provisions.

AB1038,12,15 (1) Internet-based bear hunter registration system. The department of natural resources shall request from the joint committee on finance under s. 13.10 an amount from the balance of the appropriation account under s. 20.370 (5) (fq) to be used for the purpose of establishing the Internet-based hunter registration system under s. 29.889 (7m) (au).

AB1038,42 Section 42 . Initial applicability.

AB1038,12,19 (1) Remote monitoring of live bear traps. The treatment of s. 29.889 (5) (d) first applies to a live bear trap acquired with wildlife damage abatement assistance on July 2, 1983.

AB1038,12,21 (2) Cap on claim payments. The treatment of s. 29.889 (7) (b) 4. first applies to a statement of wildlife damage claim submitted on January 1, 2024.

AB1038,43 Section 43. Effective dates. This act takes effect on January 1, 2025, except as follows:

AB1038,12,25 (1) Remote monitoring of live bear traps. The treatment of s. 29.889 (5) (d) and Section 42 (1) of this act take effect on June 30, 2024.

AB1038,13,3 (2) Types of eligible damage and hunting land exemption. The treatment of s. 29.889 (7m) (av), the renumbering of s. 29.889 (6) (em), and the creation of s. 29.889 (6) (em) 2. take effect on the day after publication.

AB1038,13,4 (End)