LRBs0127/1
MGG:lmk/kjf/jd:pg
2007 - 2008 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2007 ASSEMBLY BILL 342
December 18, 2007 - Offered by Representative Albers.
AB342-ASA1,1,5 1An Act to amend 20.370 (3) (mu), 23.50 (1), 23.65 (1), 169.04 (4) (b) (intro.),
2169.31 (title), 169.36 (9) (b), 169.37 (1) (intro.), 169.42 (1) (intro.), 169.43 and
3169.45 (4); and to create 169.045, 169.31 (5), 169.425, 169.45 (2m) and 778.25
4(1) (a) 8. and 9. of the statutes; relating to: possession of certain nonnative wild
5animals, providing a penalty, and granting rule-making authority.
Analysis by the Legislative Reference Bureau
Under current law, with some exceptions, a person must have a license issued
by the Department of Natural Resources (DNR) to possess or exhibit a native captive
wild animal. As for captive wild animals that are not found in North America, no
license is required for species except for certain wild birds and nonnative bears.
However, under federal law, a license is required to possess and house certain wild
animals used for research or exhibition purposes or as pets.
This substitute amendment requires that any nonnative "large cat" must be
registered with DNR by the person who owns or otherwise possesses the cat (owner)
unless the person is in possession of the cat for not more than 24 hours. The large
cats that are covered by the substitute amendment are lions, tigers, leopards,
jaguars, pumas, and cheetahs. The substitute amendment also authorizes DNR to
promulgate rules requiring that other nonnative wild animals be subject to
registration. Wild animals that are eligible for such designation are limited to those

that are capable of causing injury to humans. The substitute amendment also
prohibits an owner of such a wild animal from charging a fee for photographing or
filming the animal. The substitute amendment excludes from the requirements
those wild animals that are subject to possession and housing requirements under
federal law.
The substitute amendment specifies the information that must be provided at
the time of registration and includes such items as the name and address of the
person from whom the wild animal was acquired and whether, to the best of the
owner's knowledge, the wild animal has caused any physical injury to any
individual. The owner must also provide DNR information when the owner no longer
possesses the wild animal, including the conditions under which the owner ceased
to have possession, such as sale of the animal, or the fact that the animal has died
or escaped. The substitute amendment requires DNR to maintain an electronic
database that includes the information provided by the owner and to provide the
information concerning each wild animal to the county in which the wild animal is
located. Also, the substitute amendment requires the Department of Commerce to
promulgate rules establishing minimum standards for enclosures in which these
wild animals are kept. An owner of nonnative wild animals that are possessed under
a federal animal welfare license or that are kept in facilities subject to federal
inspection is exempt from the registration requirement but must send copies of all
federal inspection reports concerning the wild animals to the county in which the
animals are kept.
The substitute amendment prohibits DNR conservation wardens from
enforcing these registration requirements. Instead, humane officers and certain
other law enforcement officers have enforcement authority.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB342-ASA1, s. 1 1Section 1. 20.370 (3) (mu) of the statutes is amended to read:
AB342-ASA1,2,52 20.370 (3) (mu) General program operations — state funds. The amounts in
3the schedule for law enforcement operations under ss. 23.09 to 23.11, 90.21, and
4166.04 and, under chs. 29, and 30, and under ch. 169, except s. 169.045, and for
5review of environmental impact requirements under ss. 1.11 and 23.40.
AB342-ASA1, s. 2 6Section 2. 23.50 (1) of the statutes, as affected by 2005 Wisconsin Act 360, is
7amended to read:
AB342-ASA1,3,11
123.50 (1) The procedure in ss. 23.50 to 23.85 applies to all actions in circuit
2court to recover forfeitures, plus costs, fees, and surcharges imposed under ch. 814,
3for violations of ss. 77.09, 90.21, 134.60, 167.10 (3), 167.31 (2), 281.48 (2) to (5),
4283.33, 285.57 (2), 285.59 (2), (3) (c) and (4), 287.07, 287.08, 287.81 and 299.64 (2),
5subch. VI of ch. 77, this chapter, and chs. 26 to 31, ch. 169, and ch. 350, and any
6administrative rules promulgated thereunder, violations of ch. 169, except s.
7169.045,
violations specified under s. 280.98 (2) or 285.86, violations of ch. 951 if the
8animal involved is a captive wild animal, violations of rules of the Kickapoo reserve
9management board under s. 41.41 (7) (k), violations to which s. 299.85 (7) (a) 2. or
104. applies, or violations of local ordinances enacted by any local authority in
11accordance with s. 23.33 (11) (am) or 30.77.
AB342-ASA1, s. 3 12Section 3. 23.65 (1) of the statutes is amended to read:
AB342-ASA1,3,1913 23.65 (1) When it appears to the district attorney that a violation of s. 90.21,
14134.60, 281.48 (2) to (5), 283.33, 285.57 (2), 285.59 (2), (3) (c) and (4), 287.07, 287.08,
15287.81 or 299.64 (2), this chapter or ch. 26, 27, 28, 29, 30, 31, 169, or 350, or any
16administrative rule promulgated pursuant thereto, a violation of ch. 169, except s.
17169.045,
a violation specified under s. 285.86, or a violation of ch. 951, if the animal
18involved is a captive wild animal, has been committed the district attorney may
19proceed by complaint and summons.
AB342-ASA1, s. 4 20Section 4. 169.04 (4) (b) (intro.) of the statutes is amended to read:
AB342-ASA1,3,2421 169.04 (4) (b) (intro.) A Subject to s. 169.045, a person is exempt from holding
22a license or other approval as required under this chapter to possess live nonnative
23wild animals that are not endangered or threatened species, except for any of the
24following:
AB342-ASA1, s. 5 25Section 5. 169.045 of the statutes is created to read:
AB342-ASA1,4,2
1169.045 Possession of nonnative wild animals; registration. (1) In this
2section:
AB342-ASA1,4,43 (a) "Dangerous wild animal" means a species of wild animal that is capable of
4causing physical injury to a human.
AB342-ASA1,4,65 (b) "Physical injury" means lacerations, fractured bones, internal injuries,
6severe bruising, great bodily harm, as defined in s. 939.22 (14), or death.
AB342-ASA1,4,10 7(2) Registration required. (a) A person shall register with the department
8each live nonnative wild animal that the person possesses that is an exempt live
9nonnative wild animal under s. 169.04 (4) (b) and that is one of the following or a
10hybrid of one or more of the following:
AB342-ASA1,4,1111 1. A lion.
AB342-ASA1,4,1212 2. A tiger.
AB342-ASA1,4,1313 3. A leopard.
AB342-ASA1,4,1414 4. A snow leopard.
AB342-ASA1,4,1515 5. A clouded leopard.
AB342-ASA1,4,1616 6. A jaguar.
AB342-ASA1,4,1717 7. A cheetah.
AB342-ASA1,4,1818 8. A puma.
AB342-ASA1,4,2119 (b) In addition to the wild animals listed under par. (a), the department may
20designate by rule additional live nonnative dangerous wild animals, or hybrids
21thereof, for which registration is required under this section.
AB342-ASA1,4,23 22(3) Photographing; filming. No person may charge a fee for photographing or
23filming a live nonnative wild animal subject to sub. (2).
AB342-ASA1,5,3
1(4) Temporary possession. Subsection (2) does not apply to live nonnative wild
2animals temporarily possessed for a period not to exceed 24 hours for any of the
3purposes described under s. 169.04 (2) (a) 1. to 3.
AB342-ASA1,5,7 4(5) Registration requirements. (a) A person who possesses a live nonnative
5wild animal subject to sub. (2) shall register the nonnative wild animal and shall
6provide all of the following information to the department for each nonnative wild
7animal:
AB342-ASA1,5,98 1. The registrant's complete legal name and any trade name under which the
9registrant possesses the nonnative wild animal.
AB342-ASA1,5,1010 2. The registrant's address and telephone number.
AB342-ASA1,5,1211 3. The address and legal description of the location at which the registrant
12possesses the nonnative wild animal.
AB342-ASA1,5,1313 4. The species of the nonnative wild animal.
AB342-ASA1,5,1514 5. The date of birth of the nonnative wild animal, or the approximate date of
15birth if the date of birth is unknown.
AB342-ASA1,5,1616 6. The date that the registrant took possession of the nonnative wild animal.
AB342-ASA1,5,2017 7. The name, address, and telephone number of the person from whom the
18registrant purchased or acquired the nonnative wild animal. If the registrant did not
19purchase or acquire the nonnative wild animal from another person, the manner in
20which the registrant took possession of the nonnative wild animal.
AB342-ASA1,5,2421 8. To the best of the registrant's knowledge, a detailed description of the extent
22of any physical injury caused by the nonnative wild animal to any individual at any
23time during or prior to the registrant possessing the nonnative wild animal, and the
24circumstances surrounding the physical injury.
AB342-ASA1,5,2525 9. Any additional information that is required by the department by rule.
AB342-ASA1,6,2
1(b) A person shall submit the registration under par. (a) and the required fee
2under s. 169.31 (5) to the department in the following manner:
AB342-ASA1,6,43 1. Except as provided in subd. 2. or 3., no later than 60 days after the person
4purchases or acquires the nonnative wild animal.
AB342-ASA1,6,65 2. Except as provided in subd. 3., no later than 120 days after the birth of the
6nonnative wild animal if the person possessed it at the time of its birth.
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