LRB-3282/1
RNK.:cmh:km
1999 - 2000 LEGISLATURE
March 8, 2000 - Introduced by Representatives Suder, Skindrud, Johnsrud,
Musser, Gronemus and
Sykora. Referred to Committee on Natural
Resources.
AB861,1,4
1An Act to renumber and amend 29.889 (7) (d) 1. and 29.889 (7) (d) 2.;
to amend
220.370 (5) (fq) and 29.889 (11) (a) 5.; and
to create 20.370 (5) (fb), 29.889 (1) (f)
3and 29.889 (7) (f) of the statutes;
relating to: wildlife damage caused by
4raccoons and making an appropriation.
Analysis by the Legislative Reference Bureau
Under current law, the department of natural resources (DNR) assists counties
in developing and administering a wildlife damage abatement program and a
wildlife damage claim program. Under the abatement program, a participating
county may provide wildlife damage assistance to the owner or lessee of land or the
owner of an apiary or of livestock. The county may provide the assistance where
wildlife damage is occurring or is likely to occur for the reimbursement of costs
associated with authorized wildlife damage abatement measures. In order to be
eligible for wildlife damage abatement assistance, the type of wildlife damage to be
abated is limited to damage to commercial seedings or crops growing on agricultural
land, damage to crops that have been harvested for sale but not yet removed from the
land, damage to orchard trees or nursery stock or damage to apiaries or livestock.
DNR pays each participating county 75% of the cost of providing wildlife damage
abatement assistance provided that the county complies with certain rules
promulgated by DNR.
Under the damage claim program, a person may be eligible for a wildlife
damage claim payment for the occurrence of wildlife damage if the land where the
wildlife damage occurred is located in a county that is participating in both the
wildlife damage abatement program and the wildlife damage claim program. The
person must also have complied with wildlife damage abatement measures to abate
the damage as recommended by the participating county. The type of wildlife
damage that is eligible for a claim payment is the same type as the type that is
eligible for abatement assistance. The amount of the wildlife damage claim payment
is determined by the participating county and is paid to the claimant by DNR.
Under current law, both the wildlife damage abatement program and the
wildlife damage claim program apply to damage caused by deer, bear, geese, turkey
and sandhill crane if hunting of sandhill cranes is authorized by DNR. Under this
bill, both the wildlife damage abatement program and the wildlife damage claim
program would also apply to damage caused by raccoons.
Under current law, the amounts appropriated to pay for both programs come
from the conservation fund. Under this bill, the amounts appropriated to pay for
abatement measures and damage claims relating to damage caused by raccoons
comes from the general fund.
For further information see the state and local 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:
AB861, s. 1
1Section
1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
2the following amounts for the purposes indicated:
-
See PDF for table 
AB861, s. 2
3Section
2. 20.370 (5) (fb) of the statutes is created to read:
AB861,2,74
20.370
(5) (fb)
Wildlife damage claims—raccoons. From the general fund, the
5amounts in the schedule for damage caused by raccoons under the wildlife damage
6abatement program under s. 29.889 (5) (c) and the wildlife damage claim program
7under s. 29.889 (7) (f).
AB861, s. 3
1Section
3. 20.370 (5) (fq) of the statutes is amended to read:
AB861,3,62
20.370
(5) (fq)
Wildlife damage claims and abatement. All moneys received
3under ss. 29.181 (3) and 29.563 (13) and not appropriated under par. (fr) and sub. (1)
4(Ls) to provide state aid under the wildlife damage abatement program under s.
529.889 (5) (c) and the wildlife damage claim program under s. 29.889 (7)
(d) (e) and
6for county administration costs under s. 29.889 (2) (d).
AB861, s. 4
7Section
4. 29.889 (1) (f) of the statutes is created to read:
AB861,3,88
29.889
(1) (f) Raccoon.
AB861, s. 5
9Section
5. 29.889 (7) (d) 1. of the statutes is renumbered 29.889 (7) (d) and
10amended to read:
AB861,3,1611
29.889
(7) (d)
State aid. Except as provided under subd. 2., the The department
12shall pay claimants the full amount of wildlife damage claim payments calculated
13in accordance with par. (b)
and, in accordance with funding requirements adopted
14under sub. (2) (b)
and in the manner provided in pars. (e) and (f). The department
15shall make these payments no later than June 1 of the calendar year after the
16calendar year in which the statement of claims were filed.
AB861, s. 6
17Section
6. 29.889 (7) (d) 2. of the statutes is renumbered 29.889 (7) (e) and
18amended to read:
AB861,4,319
29.889
(7) (e)
Funding. The department shall pay claimants under
subd. 1. par.
20(d) from the appropriation under s. 20.370 (5) (fq)
, except for payments made under
21par. (f). The department shall pay claimants for wildlife damage claims, other than
22the payments under par. (f), after first deducting from
s. 20.370 (5) (fq) that
23appropriation payments made for county administrative costs under sub. (2) (d) and
24payments made for wildlife damage abatement assistance under sub. (5) (c)
that
25relate to wildlife damage caused by the wild animals listed under sub. (1) (a) to (e).
1If the amount remaining after these deductions from the appropriation under s.
220.370 (5) (fq)
are is not sufficient to pay the full amount required under
subd. 1. par.
3(d), the department shall pay claimants on a prorated basis.
AB861, s. 7
4Section
7. 29.889 (7) (f) of the statutes is created to read:
AB861,4,125
29.889
(7) (f)
Funding; damage by raccoons. The department shall pay
6claimants whose claims are for wildlife damage caused by raccoons from the
7appropriation under s. 20.370 (5) (fb) after first deducting from that appropriation
8payments made for wildlife damage abatement assistance under sub. (5) (c) that
9relate to wildlife damage caused by raccoons. If the amount remaining after these
10deductions from the appropriation under s. 20.370 (5) (fb) is not sufficient to pay the
11full amount of claims for wildlife damage caused by raccoons, the department shall
12pay claimants on a prorated basis.
AB861, s. 8
13Section
8. 29.889 (11) (a) 5. of the statutes is amended to read:
AB861,4,1614
29.889
(11) (a) 5. The percentage of the total number of wildlife damage claims
15for which the amount of the payment to the claimant was prorated under sub. (7)
(d) 16(e) or (f).
