2003 - 2004 LEGISLATURE
September 25, 2003 - Introduced by Representatives Balow, J. Wood, Lothian,
Ott, Kreibich, Krawczyk, Ladwig, Richards, Underheim, Coggs, Zepnick,
Taylor, Weber, Molepske, Van Akkeren, Plouff, Ainsworth, Gronemus,
Pocan, Cullen, Steinbrink, Stone, Sinicki, Loeffelholz, Shilling, Boyle, M.
Lehman, Van Roy and
Olsen, cosponsored by Senators Roessler, Leibham,
Kanavas, Risser, M. Meyer, Breske, Carpenter, Chvala, Wirch, Plale and
Hansen. Referred to Committee on Agriculture.
1An Act to amend
20.115 (2) (j), 174.05 (2), 174.053 (1), 174.07 (3) (c) and 174.09 2
(1); and to create
173.41 of the statutes; relating to: pet dealers, kennels,
3animal shelters, dog licensing, granting rule-making authority, making an
4appropriation, and providing a penalty.
Analysis by the Legislative Reference Bureau
This bill requires persons who breed and sell dogs or cats for resale (pet
breeders), persons who operate pet stores selling mammals as pets (pet dealers), and
persons who operate kennels and animal shelters to have licenses from the
Department of Agriculture, Trade and Consumer Protection (DATCP) beginning on
February 1, 2004. The bill requires DATCP to inspect each location for which a
license is required before issuing a license, except that DATCP may issue an interim
license for the period before it makes the initial inspection, and authorizes DATCP
to make inspections at other reasonable times. The bill authorizes DATCP to
promulgate rules that specify minimum standards for animal shelters and kennel
facilities and facilities at which pet breeders and pet dealers operate and that specify
requirements for humane care to be provided by persons who are required to be
licensed. The bill provides criminal penalties for persons who operate without a
required license and forfeitures (civil monetary penalties) for other violations of the
provisions concerning pet breeders, pet dealers, kennels, and animal shelters.
Under current law, the minimum dog license fee is $3 for a neutered or spayed
dog and $8 for a dog that is not neutered or spayed. A city, village, town, or county
may impose a higher fee. Under this bill, the minimum dog license fee is increased
to $5.50 for a neutered or spayed dog and $10.50 for a dog that is not neutered or
spayed. Under current law, a county treasurer is required to pay 5% of the minimum
dog license fee to this state. Under this bill, the county treasurer is required to pay
$2 to the state for each dog license issued.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
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:
(j) Dog licenses, rabies control, and related services.
All moneys 4
received under ss. 95.21 (9) (c), 173.27, 173.40
, and 174.09 (1), to provide dog 5
license tags and forms under s. 174.07 (2), to perform other program responsibilities 6
under ch. 174, to administer the rabies control program under s. 95.21, to help 7
administer the rabies control media campaign, and to carry out activities under s. 8
93.07 (11) and ch. 173.
AB536, s. 2
173.41 of the statutes is created to read:
10173.41 Pet dealers, pet breeders, kennels, and animal shelters. (1) 11Definitions.
In this section:
(a) "Adequate food" means wholesome food that is accessible to an animal, is 13
appropriate for the type of animal, and is sufficient in amount to maintain the animal 14
in good health.
(b) "Adequate water" means potable water that is accessible to an animal and 16
is sufficient in amount to maintain the animal in good health.
(c) "Animal shelter" means any of the following:
1. A facility that is used to impound or harbor at least 25 seized, stray, 2
abandoned, or unwanted dogs, cats, or other animals in a year and that is operated 3
by this state, a political subdivision, or a veterinarian licensed under ch. 453.
2. A facility that is operated for the purpose of providing for and promoting the 5
welfare, protection, and humane treatment of animals, that is used to shelter at least 6
25 animals in a year, and that is operated by a humane society, an animal welfare 7
society, or a nonprofit association.
(d) "Humane care" includes the provision of adequate heating, cooling, 9
ventilation, sanitation, shelter, and medical care consistent with the normal 10
requirements of an animal's size, species, and breed, adequate food, and adequate 11
(e) "Kennel" means a facility where dogs or cats are kept for 24 hours or more 13
for boarding, training, or similar purposes for compensation, except that "kennel" 14
does not include any of the following:
1. An animal shelter.
2. A facility owned or operated by a veterinarian licensed under ch. 453 where 17
animals are boarded only in conjunction with the provision of veterinary care.
(em) "Livestock" means cattle, horses, swine, sheep, goats, deer, llamas, and 19
related species, including game species.
(f) "Nonprofit association" means an incorporated or unincorporated 21
organization consisting of 3 or more members joined by mutual consent for a 22
common, nonprofit purpose.
(fm) "Pet breeder" means a person who sells or offers to sell at least 25 dogs or 24
cats for resale as pets in a year, except that "pet breeder" does not include a pet dealer.
(g) "Pet dealer" means a person who sells, or offers to sell at retail, exchanges, 2
or offers for adoption at least 25 mammals, other than livestock, as pets in a year.
3(2) License required.
(a) Except as provided in par. (c), no person may operate 4
an animal shelter or kennel without a license from the department. A person shall 5
obtain a license under this paragraph for each separate location at which the person 6
operates an animal shelter or kennel.
(b) Except as provided in par. (c), no person may act as a pet dealer or pet 8
breeder without a license from the department. A person shall obtain a license under 9
this paragraph for each separate location at which the person conducts business as 10
a pet dealer or pet breeder.
(c) The department may issue an interim permit that authorizes a person to 12
operate an animal shelter or kennel or to act as a pet dealer or pet breeder until the 13
department makes the initial inspection required under sub. (4) (a).
(d) Licenses issued under pars. (a) and (b) expire on October 31 of each 15
(e) A license issued under par. (a) or (b) is not transferable.
17(3) License fees.
The department shall promulgate rules specifying fees that 18
must be paid by applicants for licenses under sub. (2). A fee paid under this 19
subsection is not refundable if the department denies the license.
(a) The department shall inspect each location for which a 21
person is required to obtain a license under sub. (2) before issuing the initial license 22
and at least once during each biennial licensing period after the initial license period.
(b) In addition to the inspections required under par. (a), the department may 24
enter and inspect a facility for which a person is required to obtain a license under 25
sub. (2) at any reasonable time.
The department may promulgate rules that specify any of the 2
(a) Minimum standards for animal shelter and kennel facilities and facilities 4
at which pet dealers and pet breeders operate.
(b) Minimum requirements for humane care to be provided by persons required 6
to obtain licenses under sub. (2).
(c) Requirements relating to the transportation of animals by persons required 8
to obtain licenses under sub. (2).
(d) Grounds for revocation of licenses issued under sub. (2).
(e) Grounds for the department to issue orders prohibiting a person required 11
to be licensed under this section from selling or moving an animal.
(f) Minimum ages for the sale of animals by persons required to be licensed 13
under sub. (2).
(g) Reinspection fees to be charged when an inspection by the department 15
under this section reveals conditions that require correction and reinspection.
(h) Requirements for record keeping by persons required to be licensed under 17
(i) Requirements relating to space and opportunity for exercise to be provided 19
to animals by persons required to be licensed under sub. (2).
(a) A person who operates without a license required under sub. 21
(2) may be fined not more than $10,000 or imprisoned for not more than 9 months 22
(b) 1. Except as provided under par. (a), a person who violates this section or 24
a rule promulgated under this section may be required to forfeit not more than $1,000
for the first offense and may be required to forfeit not less than $200 nor more than 2
$2,000 for the 2nd or any subsequent offense within 5 years.