Wisconsin Legislature: 16,2881b

167.10 (3) (bm) Paragraph (a) applies to a person transporting fireworks under par. (b) 7. or 8. if, in the course of transporting the fireworks through a city, town, or village, the person remains in that city, town, or village for a period of at least 12 hours.

16,2881an Section 2881an. 167.10 (4) of the statutes is amended to read:

167.10 (4) Out-of-state and in-state shipping. Shipping and transporting. This section does not prohibit a resident wholesaler or jobber from selling fireworks to a nonresident person outside of this state or to a person or group granted a permit under sub. (3) (c) 1. to 7. A resident wholesaler or resident jobber that ships the fireworks sold under this subsection shall package and ship the fireworks in accordance with applicable state and federal law by, as defined in s. 194.01 (1), (2), and (11), common motor carrier, contract motor carrier, or private motor carrier.

16,2881ap Section 2881ap. 167.10 (8) (b) of the statutes is amended to read:

167.10 (8) (b) Fireworks stored, handled, sold, possessed, or used by a person who violates this section, an ordinance adopted under sub. (5) sub. (6m) (a), (b), or (c); a rule promulgated under sub. (6m) (e); or a court order under par. (a) may be seized and held as evidence of the violation. Except as provided in s. 968.20 (4), only the fireworks that are the subject of a violation of this section, an ordinance adopted under sub. (5), or a court order under par. (a) may be destroyed after conviction for a violation. Except as provided in s. 968.20 (4), fireworks that are seized as evidence of a violation for which no conviction results shall be returned to the owner in the same condition as they were when seized to the extent practicable.

16,2881b Section 2881b. 173.40 of the statutes is created to read:

173.40 Pet dealers, pet breeders, kennels, and animal shelters. (1) Definitions. In this section:

(a) "Adequate food" means wholesome food that is accessible to an animal, is appropriate for the type of animal, and is sufficient in amount to maintain the animal in good health.

(b) "Adequate water" means potable water that is accessible to an animal and is sufficient in amount to maintain the animal in good health.

1. A facility that is used to impound or harbor at least 25 seized, stray, abandoned, or unwanted dogs, cats, or other animals in a year and that is operated 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 welfare, protection, and humane treatment of animals, that is used to shelter at least 25 animals in a year, and that is operated by a humane society, an animal welfare society, or a nonprofit association.

(d) "Humane care" includes the provision of adequate heating, cooling, ventilation, sanitation, shelter, and medical care consistent with the normal requirements of an animal's size, species, and breed, adequate food, and adequate water.

(e) "Kennel" means a facility where dogs or cats are kept for 24 hours or more for boarding, training, or similar purposes for compensation, except that "kennel" 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 animals are boarded only in conjunction with the provision of veterinary care.

(em) "Livestock" means cattle, horses, swine, sheep, goats, deer, llamas, and related species, including game species.

(f) "Nonprofit association" means an incorporated or unincorporated organization consisting of 3 or more members joined by mutual consent for a common, nonprofit purpose.

(fm) "Pet breeder" means a person who sells or offers to sell at least 25 dogs or 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, or offers for adoption at least 25 mammals, other than livestock, as pets in a year.

(2) License required. (a) Except as provided in par. (c), no person may operate an animal shelter or kennel without a license from the department. A person shall obtain a license under this paragraph for each separate location at which the person operates an animal shelter or kennel.

(b) Except as provided in par. (c), no person may act as a pet dealer or pet breeder without a license from the department. A person shall obtain a license under this paragraph for each separate location at which the person conducts business as a pet dealer or pet breeder.

(c) The department may issue an interim permit that authorizes a person to operate an animal shelter or kennel or to act as a pet dealer or pet breeder until the department makes the initial inspection required under sub. (4) (a).

(d) Licenses issued under pars. (a) and (b) expire on October 31 of each even-numbered year.

(e) A license issued under par. (a) or (b) is not transferable.

(3) License fees. The department shall promulgate rules specifying fees that must be paid by applicants for licenses under sub. (2). A fee paid under this subsection is not refundable if the department denies the license.

(4) Inspections. (a) The department shall inspect each location for which a person is required to obtain a license under sub. (2) before issuing the initial license 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 enter and inspect a facility for which a person is required to obtain a license under sub. (2) at any reasonable time.

(5) Rules. The department may promulgate rules that specify any of the following:

(a) Minimum standards for animal shelter and kennel facilities and facilities at which pet dealers and pet breeders operate.

(b) Minimum requirements for humane care to be provided by persons required 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 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 under sub. (2).

(g) Reinspection fees to be charged when an inspection by the department under this section reveals conditions that require correction and reinspection.

(h) Requirements for record keeping by persons required to be licensed under sub. (2).

(i) Requirements relating to space and opportunity for exercise to be provided to animals by persons required to be licensed under sub. (2).

(6) Penalties. (a) A person who operates without a license required under sub. (2) may be fined not more than $10,000 or imprisoned for not more than 9 months, or both.

(b) 1. Except as provided under par. (a), a person who violates this section or 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 $2000 for the 2nd or any subsequent offense within 5 years.

2. If a violation under subd. 1. involves the keeping of animals, each animal with respect to which the statute or rule is violated constitutes a separate violation.

16,2881c Section 2881c. 174.001 (2m) of the statutes is repealed.

16,2881d Section 2881d. 174.05 (2) of the statutes is amended to read:

174.05 (2) Tax. The minimum dog license tax is $3 $4.50 for a neutered male dog or spayed female dog, upon presentation of evidence that the dog is neutered or spayed, and $8 $10.00 for an unneutered male dog or unspayed female dog, or one-half of these amounts if the dog became 5 months of age after July 1 of the license year.

16,2881e Section 2881e. 174.053 of the statutes is amended to read:

174.053 Kennel Multiple dog licenses. (1) Kennel Multiple dog license option. Any person who keeps or operates a kennel more than one dog may, instead of the license tax for each dog required by this chapter, apply to the collecting official for a kennel multiple dog license for the keeping or operating of the kennel of the dogs. Such person shall pay for the license year a license tax of $35 $45.50 for a kennel of 12 or fewer dogs and an additional $3 $4.50 for each dog in excess of 12. Upon payment of the required kennel multiple dog license tax and upon presentation of evidence that all dogs over 5 months of age are currently immunized against rabies, the collecting official shall issue the kennel multiple dog license and a number of tags equal to the number of dogs authorized to be kept in the kennel by the person.

(2) Kennel Multiple dog license tags. Kennel Multiple dog license tags shall be made in a form so that they may be readily distinguishable from the individual license tags for the same year. The owner or keeper of a kennel dogs for which a multiple dog license has been issued shall keep at all times a kennel multiple dog license tag attached to the collar of each dog over 5 months old kept by the owner or keeper under a kennel multiple dog license, but this requirement does not apply to a dog during competition or training, to a dog securely confined indoors, to a dog while hunting, or to a dog securely confined in a fenced area. These tags may be transferred from one dog to another within the kennel whenever any dog is removed from the kennel. An owner or keeper may transfer a multiple dog license tag from a dog that the owner or keeper no longer owns or keeps to another dog if the other dog is currently immunized against rabies. The rabies vaccination tag or substitute tag shall remain attached to the dog for which it is issued at all times, but this requirement does not apply to a dog during competition or training, to a dog securely confined indoors, to a dog while hunting, or to a dog securely confined in a fenced area. No dog bearing a kennel multiple dog license tag shall be permitted to stray or to be taken anywhere outside the limits of the kennel owner's or keeper's premises unless the dog is in leash or temporarily out for the purposes of hunting, breeding, trial, training, or competition.

(3) Applicability of other requirements. Unless clearly inapplicable, all the provisions of this chapter relating to the individual dog license tax, licenses, and tags shall apply to the kennel multiple dog license and tags.

16,2881f Section 2881f. 174.06 (6) of the statutes is amended to read:

174.06 (6) Kennel Multiple dog license records. The listing official shall make in triplicate a list of the names of persons owning and operating kennels holding multiple dog licenses and the number of dogs kept in each by each of those persons.

16,2881g Section 2881g. 174.06 (7) of the statutes is amended to read:

174.06 (7) List delivery. The listing official shall, by September 15, deliver one copy of the list under sub. (5) or (6) to the county clerk, and one copy to the collecting official to whom license taxes are paid under s. 174.08, and retain one copy for his or her files.

16,2881h Section 2881h. 174.065 (1) of the statutes is amended to read:

174.065 (1) Collecting official. The collecting official is the any city, village , or town treasurer or other tax collecting officer or a any person deputized by the treasurer or tax collecting official, unless the common council or village or town board provides by ordinance or resolution for the appointment of a different person. Veterinarians and humane societies may voluntarily become collecting officials for a city, village, or town if the governing body of the city, village, or town by resolution or ordinance provides that veterinarians and humane societies may be collecting officials for the city, village, or town.

16,2881i Section 2881i. 174.07 (1) (c) of the statutes is amended to read:

174.07 (1) (c) Copies. The collecting official shall keep a duplicate copy of the license on file. In counties having a population of 500,000 or more, the collecting official shall immediately send to the county clerk or whatever agency the county board may direct, a triplicate copy of the license. A collecting official who is not the official to whom license taxes are paid under s. 174.08 shall provide a copy of each license issued to the official to whom license taxes are paid under s. 174.08.

16,2881j Section 2881j. 174.07 (2) (d) of the statutes is amended to read:

174.07 (2) (d) The department shall furnish county clerks with suitable kennel multiple dog license tags and blank licenses for distribution to the collecting officials.

16,2881k Section 2881k. 174.07 (3) (c) of the statutes is amended to read:

174.07 (3) (c) Reimbursement. The collecting official may retain 25 75 cents, or a greater amount established by the county board by ordinance or resolution, for each license issued as compensation for the service, if not a full-time, salaried municipal employee. If the collecting official is a full-time, salaried municipal employee this compensation shall be paid into the treasury of the town, village, or city.

16,2881L Section 2881L. 174.09 (1) of the statutes is amended to read:

174.09 (1) The dog license taxes so paid to the county treasurer shall be kept in a separate account and shall be known as the "dog license fund" and shall be appropriated and disbursed for the purposes and in the manner following: fund." Within 30 days after receipt of the same dog license taxes the county treasurer shall pay into the state treasury 5% of the minimum tax as provided for $1 for each license issued under s. 174.05 (2) of all dog license taxes which shall have been received by the county treasurer for a neutered or spayed dog, $1.50 for each license issued under s. 174.05 (2) for a dog that has not been neutered or spayed, $10 for each multiple dog license issued under s. 174.053 (1), and $1 for each dog in excess of 12 for which a multiple dog license is issued under s. 174.053 (1).

16,2882m Section 2882m. 175.50 of the statutes is created to read:

175.50 Use of passive alcohol sensors. (1) In this section:

(a) "Law enforcement officer" means a Wisconsin law enforcement officer, as defined in s. 175.46 (1) (g).

(b) "Passive alcohol sensor" means a device that is used to determine the presence of alcohol in the air but that does not require a person to breathe directly into it through a mouthpiece, tube, or similar device.

(2) A law enforcement officer may not use a passive alcohol sensor for the purpose of detecting the presence of alcohol in a person's breath unless the person consents to its use.

16,2883 Section 2883. 177.06 (3) (b) of the statutes is amended to read:

177.06 (3) (b) Assess a service charge after December 31 of the 2nd calendar year covered in the report filed under s. 177.17 concerning that property.

16,2884 Section 2884. 177.06 (4) of the statutes is amended to read:

177.06 (4) Any property described in sub. (1) that is automatically renewable is matured for purposes of sub. (1) upon the expiration of its initial time period, or after one year if the initial period is less than one year, except that in the case of any renewal to which the owner consents at or about the time of renewal by communicating in writing with the banking or financial organization or otherwise indicating consent as evidenced by a memorandum or other record on file prepared by an employee of the organization, the property is matured upon the expiration of the last time period for which consent was given or one year from the date of the last consent, whichever is longer. If, at the time provided for delivery in s. 177.19 177.17 (4) (a), a penalty or forfeiture in the payment of interest would result from the delivery of the property, the time for delivery is extended until the time when no penalty or forfeiture would result.

16,2885 Section 2885. 177.10 (1) (intro.) of the statutes is amended to read:

177.10 (1) (intro.) Except as provided in subs. (2) and (5), any stock or other intangible ownership interest in a business association, the existence of which is evidenced by records available to the association, is presumed abandoned and, with respect to the interest, the association is the holder, if a dividend, distribution or other sum payable as a result of the interest has remained unclaimed by the owner for 7 5 years and the owner has not done either of the following within 7 5 years:

16,2886 Section 2886. 177.10 (2) and (3) of the statutes are amended to read:

177.10 (2) At the expiration of a 7-year 5-year period following the failure of the owner to claim a dividend, distribution or other sum payable to the owner as a result of the interest, the interest is not presumed abandoned unless there have been at least 7 5 dividends, distributions or other sums paid during the period, none of which has been claimed by the owner. If 7 5 dividends, distributions or other sums are paid during the 7-year 5-year period, the period leading to a presumption of abandonment commences on the date on which payment of the first such unclaimed dividend, distribution or other sum became due and payable. If 7 5 dividends, distributions or other sums are not paid during the presumptive period, the period continues to run until there have been 7 5 dividends, distributions or other sums that have not been claimed by the owner.

(3) The running of the 7-year 5-year period of abandonment ceases immediately upon the occurrence of a communication specified under sub. (1). If any future dividend, distribution or other sum payable to the owner as a result of the interest is subsequently not claimed by the owner, a new period of abandonment commences and relates back to the time a subsequent dividend, distribution or other sum became due and payable.

16,2887 Section 2887. 177.10 (5) of the statutes is amended to read:

177.10 (5) This chapter does not apply to any stock or other intangible ownership interest enrolled in a plan that provides for the automatic reinvestment of dividends, distributions or other sums payable as a result of the interest unless the records available to the administrator of the plan show, with respect to any intangible ownership interest not enrolled in the reinvestment plan, that the owner has not within 7 5 years communicated in any manner specified under sub. (1).

16,2888 Section 2888. 177.17 (title) of the statutes is amended to read:

177.17 (title) Report Reporting, payment, and delivery of abandoned property.

16,2889 Section 2889. 177.17 (4) of the statutes is renumbered 177.17 (4) (a) 1. and amended to read:

177.17 (4) (a) 1. Before May November 1 of each even-numbered year, each holder shall file a report covering the 2 previous calendar years year. On written request by any person required to file a report, the administrator may postpone the reporting date extend the deadline established in this paragraph.

16,2890 Section 2890. 177.17 (4) (a) 2. of the statutes is created to read:

177.17 (4) (a) 2. Except as otherwise provided in this subdivision and s. 177.06 (4), upon filing the report under subd. 1., the holder shall pay or deliver to the administrator all abandoned property required to be reported. This subdivision does not apply to abandoned property that is in the form of amounts credited under s. 20.912 (1) to the support collections trust fund or amounts not distributable from the support collections trust fund to the persons for whom the amounts were awarded.

16,2891 Section 2891. 177.18 (title) of the statutes is amended to read:

177.18 (title) Notice and publication of lists of abandoned or escheated property.

16,2892 Section 2892. 177.18 (1) of the statutes is amended to read:

177.18 (1) The Before July 1 of each year, the administrator shall publish a notice entitled "Notice of names of persons appearing to be owners of abandoned property" not later than the September 20 following the report required under s. 177.17. Except as provided in sub. (1m), the notice shall include the name of each person identified in a report filed under s. 177.17 since the publication of the previous notice. The administrator shall publish the notice as a class 1 notice under ch. 985, in a newspaper of general circulation in the county in which is located the last-known address of the person to be named in the notice. If no address is listed or the address is outside this state, the notice shall be published in the county in which the holder of the property has its principal place of business within this state.

16,2893 Section 2893. 177.18 (2) (intro.) of the statutes is amended to read: