This is the first time in the United States that someone has been fined for failing to compromise their property rights through registration of their property as a premises into an international program pushed by the World Trade Organization and the UN……We have more to look forward to as the article states. They already have several more people lined up. One problem they may face is the Emanuel J. Miller trial. He has a literal and Constitutionally secured religious objection to the NAIS program, and will soon go back to trial. Keep checking back for more on that. It is certain to get even more interesting as things progress……For those IN Wisconsin, if you don’t start really aggressively pushing your legislators to halt this it will only become much, much worse. Don’t look for a leader—-Be one!
Polk County Cattle Producer First Convicted in Premises Registration Law Violation
By Sarah Young, Livestock Editor
Thursday, October 29, 2009 4:13 PM CDT
Polk County cattle producer, Patrick Monchilovich, 39, of Cumberland was the first to be found guilty of violating Wisconsin’s livestock premises registration law.
Monchilovich was ordered to pay close to $400.
Although not the first violation addressed in the court system, it is first conviction.
“This is the first case that has turned its way all the way through the system,” said DATCP spokesperson, Donna Gilson.
The 4-year-old premises registration law took effect in November 2005. Monchilovich has 60 days to appeal the judge’s decision.
The premises registration law requires that any property where livestock are held must be registered in a central database and assigned a number. The registration lists what species are on the premises.
According to Gilson, the cattle producer was contacted on several occasions through the outlined process, but he did not comply with the law.
According to documents filed by the Wisconsin Department of Agriculture, Trade and Consumer Protection, Monchilovich was first contacted by telephone in April 2008 to inform him that he needed to register his premises, on which he was keeping cattle. He declined. An animal health inspector visited him later that month, and he still refused to register. In May 2008, he refused delivery of a certified warning letter, which was then hand-delivered to him during a final visit by the inspector and a compliance officer in June 2008.
Charges were filed in Polk County Circuit Court by District Attorney Daniel Steffen on Feb. 26, and Monchilovich pleaded not guilty on March 17. The case came to trial on Oct. 21, when he was found guilty by Judge Molly GaleWyrick and ordered to pay a $200 civil forfeiture and about $190 in court costs.
According to Gilson, most non-compliant individuals are discovered during the licensing process or via other paperwork sent to DATCP for processing where premises registration numbers are required.
Those individuals without premises registration are contacted via series of steps, same used for Monchilovich, she said. If still non-compliant, then documentation is given to the county District Attorney (DA) for possible charges.
“They (District Attorney) don’t have to file charges,” she explained. Currently, DATCP has referred documentation for four more possible cases in Richland, Price and two in Pierce Counties. Gilson says there are another seven that will likely be referred in the near future.
Gilson says that these cases are all non-religious related. DATCP is awaiting the final word from the pending Clark County case where Emanuel Miller Jr., 28, of Loyal was charged with a civil forfeiture for failure to comply with the state’s livestock-premises registration law last year. Many in the Amish community believe the requirement infringes on their religious beliefs because it could eventually result in the tagging of all animals, or the ‘Mark of the Beast.’
DATCP will not be pursuing any cases involving right to religious freedom, mostly affecting Wisconsin’s Amish communities, until a final ruling is reached in the Clark County case. Gilson says there is no timeline for the final ruling, by Clark County circuit court judge Jon Counsell.
Unregistered premises were discovered in the 2007 pseudorabies outbreak in pigs in Clark County.
When there is a disease outbreak, state animal health officials can look at the database to find susceptible animals for testing and/or provide information to the owners of the animals about the disease. The law is intended to speed up the process of finding potentially exposed animals when there is a disease outbreak. A speedier response protects animal and public health, limits losses to individual producers, and reduces economic damage to the state as a whole.
“Our goal is to get them to register there premises,” Gilson explains. “It’s about protecting our animal health.”