LRB-2670/2
RCT:skg&kaf:jlb
1995 - 1996 LEGISLATURE
March 18, 1996 - Introduced by Representatives Ott, Schneiders, Meyer,
Johnsrud, Wilder, Ainsworth, Freese, Gunderson, Vrakas, Boyle, Olsen,
Ourada, Hahn and
Brandemuehl, cosponsored by Senators Buettner, Rude
and Schultz. Referred to Committee on Urban and Local Affairs.
AB1043,1,11
1An Act to repeal 58.07, 174.046, 951.15 (2) to (4) and 951.162 (title);
to
2renumber 173.01, 173.02, 173.03, 173.04, 173.05, 173.06 and 173.07 and
3951.15 (1);
to renumber and amend 951.16, 951.162, 951.165 (title), (1), (2)
4and (3) and 951.17;
to amend 20.115 (2) (j), 60.24 (3) (xm), 93.07 (11), chapter
5172 (title), 174.01 (2), 174.13 (3), 895.57 (1) (a), 943.75 (1) (a), 951.01 (4), 951.03,
6951.18 (1) and (4) (a) 2. and (b) and 968.20 (1) (intro.) and (2);
to repeal and
7recreate chapter 173 (title) and 951.15 (title); and
to create 95.21 (1) (a),
8170.065, subchapter I (title) of chapter 172 [precedes 172.01], 172.012,
9subchapter II (title) of chapter 172 [precedes 172.51], chapter 173, 757.69 (1)
10(n) and 951.01 (3e) of the statutes;
relating to: humane officers, the custody
11and disposition of animals, making an appropriation and providing a penalty.
Analysis by the Legislative Reference Bureau
This bill makes numerous changes in the laws relating to humane officers,
taking animals into custody and the disposition of animals taken into custody.
Current law authorizes a city, village, town or county (political subdivision) to
appoint humane officers. The law requires the governing body of a political
subdivision that appoints a humane officer to prescribe the duties of the humane
officer, which must include enforcement of the statutes concerning rabies control,
dogs and crimes against animals.
Under this bill, a political subdivision may continue to appoint humane officers.
The bill requires a person appointed as a humane officer to complete a course of
training approved by the department of agriculture, trade and consumer protection
(DATCP) and to become certified by DATCP before appointment or no more than 12
months following appointment. The bill requires a political subdivision to terminate
the appointment of a humane officer who fails to obtain certification within the
required time. The bill authorizes DATCP to charge fees sufficient to cover the costs
of providing training and certification.
The bill specifies the powers and duties of a humane officer. A humane officer
is required to enforce the statutes concerning rabies control, dogs and crimes against
animals, the laws concerning taking animals into custody and the disposition of
animals taken into custody created in this bill and ordinances relating to animals.
The bill requires a humane officer to investigate violations of statutes and
ordinances relating to animals. The bill prohibits a humane officer who is not also
a law enforcement officer from taking certain actions, including arresting persons
and removing an animal from the custody of another person by force.
Under this bill, a humane officer or law enforcement officer who has reasonable
grounds to believe that a violation of a statute or ordinance is occurring to the injury
of an animal may issue an abatement order. The order must prohibit further
violations and describe the measures necessary to correct the alleged violation. If a
person violates one of 13 specified statutes concerning animals within 3 years after
receiving an abatement order prohibiting the violation of that statute, the person is
subject to a Class A forfeiture (a forfeiture not to exceed $10,000) rather than a Class
C forfeiture (a forfeiture not to exceed $500).
Current law authorizes a county to provide a pound for stray or unwanted dogs.
The county may designate a humane society or other organization to provide the
pound.
This bill authorizes a political subdivision to provide for the care, treatment or
disposal of animals taken into custody by a humane officer or law enforcement officer.
A political subdivision may provide these services directly or by contracting with any
other person.
Current law requires law enforcement officers, humane officers and certain
others to attempt to take custody of any dog that is untagged or is running at large.
Current law authorizes a humane officer or law enforcement officer to take into
custody, shelter and care for any animal found to be treated in a cruel manner.
This bill authorizes a humane officer or law enforcement officer, on behalf of a
political subdivision, to take custody of an animal if the humane officer or law
enforcement officer has reasonable grounds to believe that the animal is one of the
following:
1. An abandoned or stray animal.
2. An unwanted animal.
3. An untagged dog.
4. An animal not licensed as required by ordinance.
5. An animal not confined as required by a quarantine order relating to animal
disease.
6. An animal that has caused damage to persons or property.
7. A participant in an animal fight.
8. An animal mistreated in violation of law.
9. An animal that was not picked up from a veterinarian after the veterinarian
provided notice to the owner that the animal was ready to be picked up.
A humane officer or law enforcement officer must attempt to notify the owner
of an animal taken into custody of the procedure by which the owner can recover the
animal and the procedure to be followed if the animal is not returned to the owner.
Under current law, a dog that is impounded may be released to its owner only
if the owner gives his or her name and address, presents evidence that the dog is
licensed and provides for rabies vaccination and pays boarding fees. If the dog is not
released to its owner within 7 days after impoundment, the dog may be released to
a person other than the dog's owner if the person gives his or her name and address,
agrees to have the dog licensed and vaccinated against rabies and pays any required
boarding fee. If the dog is not released to a person other than its owner, the dog may
be authorized or released to the University of Wisconsin or the Medical College of
Wisconsin for scientific or educational purposes.
Under this bill, generally, an animal taken into custody must be returned to its
owner if the owner provides reasonable evidence of ownership, provides for any
required licensure and vaccination of the animal and pays the costs of custody, care
and treatment of the animal. A political subdivision may withhold an animal from
its owner if there are reasonable grounds to believe that the owner has mistreated
the animal in violation of law; there are reasonable grounds to believe that the
animal poses a significant threat to public health, safety or welfare; the animal may
be used in a pending prosecution; or a court has ordered the animal withheld for any
reason.
If the owner of an abandoned or stray animal, untagged dog, unlicensed animal
or animal that was not picked up from a veterinarian does not claim the animal
within 7 days after custody is taken, the animal is considered unclaimed. A political
subdivision, or person contracting with the political subdivision, may release an
unclaimed or unwanted animal to a person other than the owner if the person
provides for any required licensure and vaccination of the animal and pays any
charges that the custodian imposes. The political subdivision or contractor may also
dispose of an unclaimed or unwanted animal by selling it at public auction,
euthanizing it, or, if the animal is a stray or abandoned dog, releasing it for scientific
or educational purposes as under current law.
A political subdivision with custody of an animal that was not confined as
required by a quarantine order must generally confine the animal for the duration
of the quarantine order. The animal is released to the owner at the end of the
quarantine if the owner pays the costs of its custody and care, except that the entity
issuing the quarantine order may require the animal to be euthanized if it is
diseased.
Under current law, if a humane officer or law enforcement officer determines
that an animal taken into custody because it has been treated in a cruel manner is
hopelessly injured or diseased so as to be beyond the probability of recovery, the
officer may euthanize the animal.
Under this bill, a political subdivision, or a person contracting with a political
subdivision to provide custody and care for animals, may euthanize any animal in
custody if the animal is hopelessly injured beyond any reasonable chance of recovery,
the animal poses an imminent threat to public health or safety or the animal poses
an imminent threat to the health or safety of itself or its custodian.
This bill authorizes a political subdivision to petition the circuit court for an
order requiring the owner of an animal in custody to pay for the custody, care or
treatment of the animal; requiring the owner of an animal to post bond for the costs
of custody, care or treatment of an animal pending the outcome of any other
proceeding; or authorizing the sale, destruction or other disposal of the animal.
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:
AB1043, s. 1
1Section
1. 20.115 (2) (j) of the statutes is amended to read:
AB1043,4,82
20.115
(2) (j)
Dog licenses, rabies control and related services. The amounts in
3the schedule to provide dog license tags and forms under s. 174.07 (2), to perform
4other program responsibilities under ch. 174, to administer the rabies control
5program under s. 95.21, to help administer the rabies control media campaign and
6to carry out
the humane activities under s. 93.07 (11)
and ch. 173. All moneys
7received
by the state treasurer under
s. ss. 173.27 and 174.09 (1) shall be credited
8to this appropriation.
AB1043, s. 3
10Section
3. 60.24 (3) (xm) of the statutes is amended to read:
AB1043,4,1211
60.24
(3) (xm) Perform the town chairperson's duties related to animals that
12have caused damage in the town under ch.
173 172.
AB1043, s. 4
13Section
4. 93.07 (11) of the statutes is amended to read:
AB1043,5,314
93.07
(11) Humane activities. To cooperate with humane societies and assist
15duly appointed humane officers in the enforcement of the laws relating to humane
1education and the prevention of cruelty to animals
and for this purpose the
2department and its authorized agents when engaged in this work shall have the
3powers of police officers and constables.
AB1043, s. 5
4Section
5. 95.21 (1) (a) of the statutes is created to read:
AB1043,5,55
95.21
(1) (a) "Humane officer" means an officer appointed under s. 173.03.
AB1043, s. 6
6Section
6. 170.065 of the statutes is created to read:
AB1043,5,9
7170.065 Exemption. Sections 170.01 to 170.06 do not apply to a humane
8officer appointed under ch. 173 or a law enforcement officer who takes custody of an
9animal under ch. 173 or other applicable law.
AB1043, s. 7
10Section
7. Chapter 172 (title) of the statutes is amended to read:
AB1043,5,1111
CHAPTER 172
AB1043,5,1312
ANIMALS DISTRAINED
13or doing damage
AB1043, s. 8
14Section
8. Subchapter I (title) of chapter 172 [precedes 172.01] of the statutes
15is created to read:
AB1043,5,1616
chapter 172
AB1043,5,1817
Subchapter I
18
animals distrained
AB1043, s. 9
19Section
9. 172.012 of the statutes is created to read:
AB1043,5,22
20172.012 Exemption. This chapter does not apply to a humane officer
21appointed under ch. 173 or a law enforcement officer who takes custody of an animal
22under ch. 173 or other applicable law.