AB585: Bill Text

1997 - 1998 LEGISLATURE

1997 Assembly BILL 585

November 4, 1997 - Introduced by Representatives Meyer, Boyle, Gronemus, Brandemuehl, Huber, Ward, Lazich, Gunderson, Vrakas, Plouff, Murat and Musser, cosponsored by Senators Rude, Panzer, Shibilski, Farrow, Schultz and Roessler. Referred to Committee on Agriculture.

AB585,1,11 An Act to repeal 58.07, 174.046, 951.15 (2) to (4) and 951.162 (title); to renumber 173.01, 173.02, 173.03, 173.04, 173.05, 173.06 and 173.07 and 951.15 (1); to renumber and amend 951.16, 951.162, 951.165 (title), (1), (2) and (3) and 951.17; to amend 20.115 (2) (j), 60.24 (3) (xm), 93.07 (11), chapter 172 (title), 174.01 (2), 174.13 (3), 895.57 (1) (a), 943.75 (1) (a), 951.01 (4), 951.03, 951.18 (1) and (4) (a) 2. and (b) and 968.20 (1) (intro.) and (2); to repeal and recreate chapter 173 (title) and 951.15 (title); and to create 95.21 (1) (a), 170.065, subchapter I (title) of chapter 172 [precedes 172.01], 172.012, subchapter II (title) of chapter 172 [precedes 172.51], chapter 173, 757.69 (1) (n) and 951.01 (3e) of the statutes; relating to: humane officers, the custody and 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), which would be the usual penalty.

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 euthanized 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.

Under this bill, 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 in custody 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 an animal in custody.

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:

AB585, s. 1 Section 1. 20.115 (2) (j) of the statutes is amended to read:

AB585,4,8 20.115 (2) (j) Dog licenses, rabies control and related services. The amounts in the schedule to provide dog license tags and forms under s. 174.07 (2), to perform other program responsibilities under ch. 174, to administer the rabies control program under s. 95.21, to help administer the rabies control media campaign and to carry out the humane activities under s. 93.07 (11) and ch. 173. All moneys received by the state treasurer under s. ss. 173.27 and 174.09 (1) shall be credited to this appropriation.

AB585, s. 2 Section 2. 58.07 of the statutes is repealed.

AB585, s. 3 Section 3. 60.24 (3) (xm) of the statutes is amended to read:

AB585,4,12 60.24 (3) (xm) Perform the town chairperson's duties related to animals that have caused damage in the town under ch. 173 172.

AB585, s. 4 Section 4. 93.07 (11) of the statutes is amended to read:

AB585,5,3 93.07 (11) Humane activities. To cooperate with humane societies and assist duly appointed humane officers in the enforcement of the laws relating to humane education and the prevention of cruelty to animals and for this purpose the department and its authorized agents when engaged in this work shall have the powers of police officers and constables.

AB585, s. 5 Section 5. 95.21 (1) (a) of the statutes is created to read:

AB585,5,5 95.21 (1) (a) "Humane officer" means an officer appointed under s. 173.03.

AB585, s. 6 Section 6. 170.065 of the statutes is created to read:

AB585,5,9 170.065 Exemption. Sections 170.01 to 170.06 do not apply to a humane officer appointed under ch. 173 or a law enforcement officer who takes custody of an animal under ch. 173 or other applicable law.

AB585, s. 7 Section 7. Chapter 172 (title) of the statutes is amended to read:

AB585,5,11 CHAPTER 172

AB585,5,13 ANIMALS DISTRAINED or doing damage

AB585, s. 8 Section 8. Subchapter I (title) of chapter 172 [precedes 172.01] of the statutes is created to read:

AB585,5,16 chapter 172

AB585,5,18 Subchapter I animals distrained

AB585, s. 9 Section 9. 172.012 of the statutes is created to read:

AB585,5,22 172.012 Exemption. This chapter does not apply to a humane officer appointed under ch. 173 or a law enforcement officer who takes custody of an animal under ch. 173 or other applicable law.

AB585, s. 10 Section 10. Subchapter II (title) of chapter 172 [precedes 172.51] of the statutes is created to read:

AB585,5,25 chapter 172

AB585,6,2 subchapter ii animals doing damage

AB585, s. 11 Section 11. Chapter 173 (title) of the statutes is repealed and recreated to read:

AB585,6,6 chapter 173 Animals; humane officers

AB585, s. 12 Section 12. Chapter 173 of the statutes is created to read:

AB585,6,8 173.01 Definitions. In this chapter:

AB585,6,10 (1) "Department" means the department of agriculture, trade and consumer protection.

AB585,6,11 (2) "Law enforcement officer" has the meaning given in s. 165.85 (2) (c).

AB585,6,12 (3) "Political subdivision" means a city, village, town or county.

AB585,6,16 173.03 Appointment of humane officer. (1) Appointment. The governing body of any political subdivision may appoint one or more humane officers. The governing body of a political subdivision shall report all appointments and terminations of appointments of humane officers to the department.

AB585,6,21 (2) Ordinance. Before, or at the time of, appointing a humane officer under sub. (1), the governing body making the appointment shall enact an ordinance that designates one or more officials of the political subdivision who may modify or withdraw abatement orders issued under s. 173.11 by humane officers appointed by the political subdivision.

AB585,7,2 (3) Jurisdiction. A humane officer appointed by a city, village or town shall carry out his or her duties within the boundaries of the city, village or town. A humane officer appointed by a county shall carry out his or her duties throughout the county, other than within the boundaries of a city or village whose governing body adopts a resolution withdrawing from county enforcement of humane laws and transmits a copy of the resolution to the county.

AB585,7,7 173.05 Certification required. (1) Any person appointed as a humane officer under s. 173.03 on or after the first day of the 13th month beginning after the effective date of this subsection .... [revisor inserts date], shall, before appointment or no more than 12 months following appointment, complete a course of training approved by the department and receive certification under s. 173.27 (3).

AB585,7,14 (2) (a) A person appointed as a humane officer before the first day of the 13th month beginning after the effective date of this paragraph .... [revisor inserts date], shall complete a course of training approved by the department, except as provided in par. (b), and shall receive certification under s. 173.27 (3) no more than 12 months after the first day of the 13th month beginning after the effective date of this paragraph .... [revisor inserts date], or no more than 12 months following appointment, whichever is later.

AB585,7,17 (b) A person to whom par. (a) applies is not required to complete a course of training approved by the department if he or she takes an examination given by the department and passes the examination on the first attempt.

AB585,7,20 (3) The governing body of a political subdivision that appoints a humane officer who fails to obtain certification within the required time shall terminate the appointment.

AB585,7,24 173.07 Powers and duties of humane officers. (1) Enforcement. A humane officer shall enforce s. 95.21, this chapter, chs. 174 and 951 and ordinances relating to animals enacted by political subdivisions in which the humane officer has jurisdiction under s. 173.03 (3).

AB585,8,3 (2) Investigation. A humane officer shall investigate alleged violations of statutes and ordinances relating to animals and, in the course of the investigations, may execute inspection warrants under s. 66.123.

AB585,8,6 (3) Seek subpoenas. A humane officer may request the district attorney for the county to obtain subpoenas to compel testimony and obtain documents in aid of investigations.

AB585,8,9 (4) Issue citations. If authorized by the appointing political subdivision, a humane officer shall issue citations under s. 66.119 for violations of ordinances relating to animals.

AB585,8,12 (4m) Request prosecutions. A humane officer may request law enforcement officers and district attorneys to enforce and prosecute violations of state law and may cooperate in those prosecutions.

AB585,8,14 (5) Prohibited actions. Unless also a law enforcement officer, a humane officer may not in the course of his or her duties do any of the following:

AB585,8,15 (a) Execute a search warrant.

AB585,8,16 (b) Carry firearms.

AB585,8,17 (c) Stop or arrest persons.

AB585,8,19 (d) Stop, search or detain vehicles, except under an inspection warrant under s. 66.123.

AB585,8,23 (e) Enter any place or vehicle by force or without the consent of the owner, except in an emergency occasioned by fire or other circumstance in which that entry is reasonable and is necessary to save an animal from imminent death or a person from imminent death or injury.