May 21, 2007 - Introduced by Representative Albers. Referred to Committee on
Natural Resources.
AB342,1,4
1An Act to amend 169.04 (4) (b) (intro.), 169.31 (title) and 169.36 (9) (b); and
to
2create 169.01 (25r), 169.04 (4m), 169.31 (5) and 169.45 (2m) of the statutes;
3relating to: possession of certain nonnative wild animals of the family felidae
4and 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.
This bill 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 bill are lions, tigers, leopards, jaguars, pumas, and cheetahs. The bill also
prohibits an owner of such a cat to charge a fee for photographing or filming the
animal. The bill 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 large cat was acquired and whether, to the best of registrant's knowledge,
the cat has caused any physical injury to any individual. The owner must also
provide DNR information when the owner no longer possesses the large cat,
including the conditions under which the owner ceased to have possession, such as
sale of the cat, or the fact that the cat has died or escaped. The bill requires DNR to
maintain an electronic database that includes the information provided by the owner
and to provide the information concerning each large cat to the county in which the
cat is located. Finally, the bill requires the Department of Commerce to promulgate
rules establishing minimum standards for enclosures in which these large cats are
kept.
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:
AB342, s. 1
1Section
1. 169.01 (25r) of the statutes is created to read:
AB342,2,32
169.01
(25r) "Physical injury" means lacerations, fractured bones, internal
3injuries, severe bruising, great bodily harm as defined in s. 939.22 (14), or death.
AB342, s. 2
4Section
2. 169.04 (4) (b) (intro.) of the statutes is amended to read:
AB342,2,85
169.04
(4) (b) (intro.)
A Subject to sub. (4m), a person is exempt from holding
6a license or other approval as required under this chapter to possess live nonnative
7wild animals that are not endangered or threatened species, except for any of the
8following:
AB342, s. 3
9Section
3. 169.04 (4m) of the statutes is created to read:
AB342,2,1410
169.04
(4m) Nonnative wild animals of the family felidae. (a) A person shall
11register with the department each nonnative wild animal that the person possesses
12that is not designated as a harmful wild animal under s. 169.11 (1) (a) or under the
13rules promulgated under that paragraph and that is one of the following or a hybrid
14of one or more of the following:
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3. A leopard.
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4. A snow leopard.
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5. A clouded leopard.
AB342,3,54
(b) No person may charge a fee for photographing or filming a nonnative wild
5animal subject to par. (a).
AB342,3,86
(c) Paragraph (a) does not apply to nonnative wild animals temporarily
7possessed for a period not to exceed 24 hours for any of the purposes described under
8sub. (2) (a) 1. to 3.
AB342,3,119
(d) A person who possesses a nonnative wild animal subject to par. (a) shall
10register the nonnative wild animal and shall provide all of the following information
11to the department for each nonnative wild animal:
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1. The registrant's complete legal name and any trade name under which the
13registrant possesses the nonnative wild animal.
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2. The registrant's address and telephone number.
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3. The address and legal description of the location at which the registrant
16possesses the nonnative wild animal.
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4. The species of the nonnative wild animal.
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5. The date of birth of the nonnative wild animal, or the approximate date of
19birth if the date of birth is unknown.
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6. The date that the registrant took possession of the nonnative wild animal.
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7. The name, address, and telephone number of the person from who in the
22registrant purchased or acquired the nonnative wild animal. If the registrant did not
23purchase or acquire the nonnative wild animal from another person, the manner in
24which the registrant took possession of the nonnative wild animal.
AB342,4,4
18. To the best of the registrant's knowledge, a detailed description of the extent
2of any physical injury caused by the nonnative wild animal to any individual at any
3time during or prior to the registrant possessing the nonnative wild animal, and the
4circumstances surrounding such injury.
AB342,4,55
9. Any additional information that is required by the department by rule.
AB342,4,76
(e) A person shall submit the registration under par. (d) and the required fee
7under s. 169.31 (5) to the department in the following manner:
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1. Except as provided in subd. 2. or 3., no later than 60 days after the person
9purchases or acquires the nonnative wild animal.
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2. Except as provided in subd. 3., no later than 120 days after the birth of the
11nonnative wild animal if the person possessed it at the time of its birth.
AB342,4,1512
3. No later than the first day of the 24th month beginning after the effective
13date of this subsection .... [revisor inserts date], if the nonnative wild animal was
14possessed by the person on the effective date of this subsection .... [revisor inserts
15date], and has remained in the person's possession since that date.
AB342,4,1816
(f) A person shall notify the department when the person no longer possesses
17a nonnative wild animal subject to par. (a). The notification shall include the
18following information:
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1. The date the person ceased to possess the nonnative wild animal.
AB342,4,2120
2. The name, address, and telephone number of any person to whom the
21nonnative wild animal, was sold or transferred.
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3. Whether the nonnative wild animal died, escaped, disappeared, was killed,
23or was sold or transferred.
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4. If the nonnative wild animal died or was killed, the manner of disposal of the
25carcass.
AB342,5,1
15. Any additional information that is required by the department by rule.
AB342,5,32
(g) The person shall submit the notification required under par. (f) to the
3department in the following manner:
AB342,5,54
1. Except as provided in subd. 2., no later than 60 days after the date the person
5ceases to possess the nonnative wild animal.
AB342,5,76
2. If the nonnative wild animal escaped or disappeared, no later than 24 hours
7after the person learns of the escape or disappearance.
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(h) A person shall update or supplement the information the person is required
9to provide to the department under pars. (d) and (f) as soon as practicable after the
10information changes or new information becomes known to the person.
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(i) The department shall establish and maintain an electronic database which
12includes the information provided to the department under pars. (d), (f), and (h). The
13department shall make the database available to the public on its Internet site but
14shall not include the telephone number of any person provided under par. (d) 2. or
15(f) 2. The department may also exclude additional information by rule.
AB342,5,2316
(j) The department shall provide any information submitted by a person under
17pars. (d), (f), and (h) to the county clerk of the county in which the nonnative wild
18animal is possessed within 30 days after receipt of the information by the
19department, except that the department shall provide the information received
20under par. (g) 2. as soon as reasonably possible. The county clerk of each county shall
21disseminate this information in a time and manner established by the county to the
22county sheriff and to county agencies relating to public health, animal control,
23emergency management, conservation, and zoning.
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(k) The department of commerce shall promulgate rules establishing minimum
25standards for the construction and inspection of the enclosures in which a nonnative
1wild animal subject to par. (a) are kept for the purpose of protecting the nonnative
2wild animal, the public, and wildlife.
AB342, s. 4
3Section
4. 169.31 (title) of the statutes is amended to read:
AB342,6,4
4169.31 (title)
License and
, tag, and registration fees.
AB342, s. 5
5Section
5. 169.31 (5) of the statutes is created to read:
AB342,6,106
169.31
(5) Nonnative wild animal registration fee. The department shall
7promulgate a rule establishing a fee for the registration of nonnative wild animals
8under s. 169.04 (4m) (d) in an amount estimated to equal the department's cost of
9processing registrations, and establishing and maintaining the electronic database
10under s. 169.04 (4m) (i), and otherwise administering s. 169.09 (4m).
AB342, s. 6
11Section
6. 169.36 (9) (b) of the statutes is amended to read:
AB342,6,1712
169.36
(9) (b) In addition to the requirements under par. (a), the person holding
13a license subject to this section shall provide a copy of the record required under this
14section to the department on a quarterly basis, as determined by the department, if
15the transaction or activity involved any live wild animal of the family canidae,
16ursidae, mustelidae, or felidae, or any harmful wild animal.
This paragraph does not
17apply to nonnative wild animals that are subject to registration under s. 169.04 (4m).
AB342, s. 7
18Section
7. 169.45 (2m) of the statutes is created to read:
AB342,6,2019
169.45
(2m) Possession. Subsection (2) and s. 93.61 (1) do not apply to a
20nonnative wild animal possessed in violation of s. 169.04 (4m).
AB342,6,2322
(1) This act takes effect on the first day of the 24th month beginning after
23publication.
