SB563: Bill Text

LRB-1893/1

ZDW&MCP:cdc

2021 - 2022 LEGISLATURE

2021 Senate BILL 563

September 15, 2021 - Introduced by Senators Testin and Felzkowski, cosponsored by Representatives Mursau and Edming. Referred to Committee on Sporting Heritage, Small Business and Rural Issues.

SB563,2,2 An Act to renumber and amend 29.875 (1g); to amend 29.011 (3), 29.047 (2) (b), 29.055, 29.057, 29.334 (3), 29.354 (5), 29.357 (5) (b), 29.539 (1m) (d), 29.541 (3), 29.875 (1r), 29.875 (2), 29.885 (1) (f), 29.969, 29.971 (14), 29.974 (2) (a), 77.54 (62), 90.20 (title), 90.20 (2) (intro.), 90.20 (2) (e), 91.01 (20m), 93.73 (1m) (dm), 95.001 (1) (ad) 2., 95.185 (2), 95.25 (1), 95.25 (2), 95.25 (5), 95.26 (5m) (a), 95.26 (5m) (b), 95.26 (7), 95.30, 95.31 (3), 95.31 (4), 95.33, 95.40 (1), 95.41 (2), 95.42, 95.51 (1), 95.51 (2) (a) 1., 95.55 (title), 95.55 (1) (a), 95.55 (1) (b) 1., 95.55 (1) (b) 2., 95.55 (1) (c) (intro.), 95.55 (1) (c) 1., 95.55 (3) (b) 1., 95.55 (3) (b) 3., 95.55 (3m) (a), 95.55 (3m) (b), 95.55 (4), 95.55 (5) (a), 95.55 (5) (b), 95.55 (5) (bn) 1., 95.55 (5) (bn) 2., 95.55 (5) (c), 95.55 (6) (a), 95.55 (6) (b) 1., 95.68 (1) (d), 95.80 (1) (b), 97.42 (1) (bg), 97.42 (1) (em), 97.42 (3) (em), 97.42 (4) (em), 97.44 (3), 100.04 (1), 169.01 (7), 174.001 (3) and 943.76 (1) (a); and to create 29.001 (25s), 29.875 (1g) (b), 90.20 (1) (am), 95.001 (1) (aim), 97.42 (1) (ds), 169.01 (12s) and 951.09 (3) (cm) of the statutes; relating to: farm-raised game bovids.

Analysis by the Legislative Reference Bureau

This bill makes numerous changes so that farm-raised game bovids are treated in the same manner as farm-raised deer. The bill defines “farm-raised game bovid” as animals kept in captivity to be hunted that are members of the taxonomic family bovidae, which includes animals more commonly known as bison, buffalo, sheep, goats, and antelopes.

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.