LRB-2034/1
RCT:wlj:jf
2003 - 2004 LEGISLATURE
April 9, 2003 - Introduced by Senators Reynolds, Lazich and Darling, cosponsored
by Representatives Stone, Grothman, Vrakas, Gundrum, Sinicki, Hines, Bies,
Hahn and Pocan. Referred to Committee on Homeland Security, Veterans and
Military Affairs and Government Reform.
SB97,1,7
1An Act to renumber and amend 174.06 (3), 174.08 and 174.11 (2);
to amend
220.115 (2) (j), 174.052, 174.065 (1), 174.07 (3) (b), 174.09, 174.11 (1), 174.11 (4),
3174.12 (1) and 174.12 (2);
to repeal and recreate 20.115 (2) (j); and
to create
4174.001 (2j), 174.052 (3), 174.06 (3) (b), 174.07 (2) (e), 174.07 (3) (bm), 174.08
5(2), 174.09 (3), 174.10 and 174.11 (2) (c) of the statutes;
relating to: dog
6licensing and claims for damage that is caused by dogs in certain populous
7counties.
Analysis by the Legislative Reference Bureau
Under current law, cities, villages, and towns (municipalities) are responsible
for licensing dogs. Counties also have responsibilities related to dog licensing, such
as distributing tags to the municipalities and maintaining a fund consisting of
license fee revenues to pay for administering the dog licensing law, to pay for caring
for stray and unwanted dogs, and to pay claims for damages caused by dogs to
domestic animals.
Under this bill, if all of the municipalities in a county with a population of
500,000 or more (Milwaukee County) form an intergovernmental commission for the
purpose of providing animal control services, the county and the intergovernmental
commission may enter into an agreement under which the intergovernmental
commission assumes the county's responsibilities related to dog licensing. The bill
also allows the intergovernmental commission to issue dog licenses for any
municipality that authorizes the intergovernmental commission to do so.
Under current law, if on March 1 of any year, there is a surplus in excess of
$1,000 in the dog license fund from the license payments of the previous year, the
county must pay the excess over $1,000 to an organization providing a pound for the
county or, if there is no such organization, must return the excess to the
municipalities.
Under this bill, if an intergovernmental commission has assumed Milwaukee
County's responsibilities related to dog licensing, and if on March 1 of any year there
is a surplus in the dog license fund from the license payments of the previous year
in excess of 5% of the amount of those payments, the intergovernmental commission
must return the excess over 5% to the municipalities.
For further information see the 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:
SB97, s. 1
1Section
1. 20.115 (2) (j) of the statutes is amended to read:
SB97,2,82
20.115
(2) (j)
Dog licenses, rabies control
, and related services. The amounts
3in the 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 humane activities under s. 93.07 (11) and ch. 173. All moneys received
7under ss. 95.21 (9) (c), 173.27
, and 174.09 (1)
and (3) shall be credited to this
8appropriation.
SB97, s. 2
9Section
2. 20.115 (2) (j) of the statutes, as affected by
2001 Wisconsin Act 16 10and 2003 Wisconsin Act .... (this act), is repealed and recreated to read:
SB97,3,211
20.115
(2) (j)
Dog licenses, rabies control, and related services. All moneys
12received under ss. 95.21 (9) (c), 173.27, 173.40, and 174.09 (1) and (3), to provide dog
13license tags and forms under s. 174.07 (2), to perform other program responsibilities
14under ch. 174, to administer the rabies control program under s. 95.21, to help
1administer the rabies control media campaign, and to carry out activities under s.
293.07 (11) and ch. 173.
SB97, s. 3
3Section
3. 174.001 (2j) of the statutes is created to read:
SB97,3,74
174.001
(2j) "Intergovernmental commission" means an intergovernmental
5commission formed by contract under s. 66.0301 (2) by all of the municipalities in a
6county with a population of 500,000 or more for the purpose of providing animal
7control services.
SB97, s. 4
8Section
4. 174.052 of the statutes is amended to read:
SB97,3,14
9174.052 Publication of the dog license requirement and rabies
10vaccination requirement. (1) January notice. The Except as provided in sub.
11(3), the county board of each county shall cause a class 1 notice under ch. 985 to be
12published between January 1 and January 15 of each year in a newspaper having
13general circulation in the county notifying the public that rabies vaccinations and
14dog licenses are required under the statutes.
SB97,3,19
15(2) March notice. The Except as provided in sub. (3), the county board of each
16county shall cause a class 1 notice under ch. 985 to be published between March 1
17and March 15 of each year in a newspaper having general circulation in the county
18notifying the public that rabies vaccinations and dog licenses are required under the
19statutes and that late fees may be assessed after April 1.
SB97, s. 5
20Section
5. 174.052 (3) of the statutes is created to read:
SB97,3,2321
174.052
(3) Notice in certain populous counties. In a county in which an
22agreement under s. 174.10 (2) is in effect, the intergovernmental commission shall
23cause the notices under subs. (1) and (2) to be published.
SB97, s. 6
24Section
6. 174.06 (3) of the statutes is renumbered 174.06 (3) (a) and amended
25to read:
SB97,4,8
1174.06
(3) (a)
A Except as provided in par. (b), a listing official who is not a
2full-time, salaried municipal employee shall receive as compensation 50 cents for
3each dog listed, or a greater amount established by the county board by ordinance
4or resolution, to be audited and allowed by the county board as other claims against
5the county and to be paid out of the dog license fund. A listing official who is a
6full-time, salaried municipal employee shall receive this compensation from the
7county board but shall be required to pay the compensation into the town, village
, 8or city treasury.
SB97, s. 7
9Section
7. 174.06 (3) (b) of the statutes is created to read:
SB97,4,1210
174.06
(3) (b) In a county in which an agreement under s. 174.10 (2) is in effect,
11the intergovernmental commission shall pay the compensation required under par.
12(a).
SB97, s. 8
13Section
8. 174.065 (1) of the statutes is amended to read:
SB97,4,2414
174.065
(1) Collecting official. The collecting official is any city, village, or
15town treasurer or other tax collecting officer or any person deputized by the treasurer
16or tax collecting official, unless the common council or village or town board provides
17by ordinance or resolution for the appointment of a different person.
Veterinarians
18and humane societies may voluntarily become collecting officials for a city, village,
19or town if the governing body of the city, village, or town by resolution or ordinance
20provides that veterinarians and humane societies may be collecting officials for the
21city, village, or town.
In a county in which an agreement under s. 174.10 (2) is in
22effect, the intergovernmental commission is also a collecting official for a city, village,
23or town if the governing body of the city, village, or town by resolution or ordinance
24provides that the intergovernmental commission is a collecting official.
SB97, s. 9
25Section
9. 174.07 (2) (e) of the statutes is created to read:
SB97,5,2
1174.07
(2) (e) Notwithstanding pars. (a) to (d), in a county in which an
2agreement under s. 174.10 (2) is in effect, all of the following apply:
SB97,5,43
1. The department shall provide tags and, upon request, license forms to the
4intergovernmental commission, rather than to the county clerk.
SB97,5,65
2. The intergovernmental commission shall pay the costs out of the dog license
6fund.
SB97,5,87
3. The intergovernmental commission shall distribute tags and license blanks
8to the other collecting officials.
SB97, s. 10
9Section
10. 174.07 (3) (b) of the statutes is amended to read:
SB97,5,1810
174.07
(3) (b)
Return of tags and licenses. The Except as provided in par. (bm),
11the collecting official shall annually by December 31 return to the county clerk all
12unused tags of the current license year, together with license books and all duplicate
13licenses of the current year. The county clerk shall carefully check the returned tags,
14duplicate licenses, and license forms to ascertain whether all tags and license forms
15that were furnished by the county clerk have been accounted for
, and to. To enable
16the county clerk to do that
, the county clerk shall charge each collecting official with
17all tags and license forms furnished or delivered and credit those returned. In case
18of discrepancy, the county clerk shall notify the department.
SB97, s. 11
19Section
11. 174.07 (3) (bm) of the statutes is created to read:
SB97,5,2320
174.07
(3) (bm)
Certain populous counties. In a county in which an agreement
21under s. 174.10 (2) is in effect, a collecting official who is not the intergovernmental
22commission shall return unused tags, license books, and duplicate licenses to the
23intergovernmental commission.
SB97, s. 12
24Section
12. 174.08 of the statutes is renumbered 174.08 (1) and amended to
25read:
SB97,6,8
1174.08
(1) Every Except as provided in sub. (2), every collecting official shall
2pay all dog license taxes to the town, village
, or city treasurer or other tax collecting
3officer who shall deduct any additional tax
which
that may have been levied by the
4municipal governing body and pay the remainder to the county treasurer at the time
5settlement is made with the county treasurer for collections of personal property
6taxes, and shall at the same time report in writing to the county clerk the licenses
7issued. The report shall be in the form prescribed by the department, and the forms
8shall be furnished by the county clerks.
SB97, s. 13
9Section
13. 174.08 (2) of the statutes is created to read:
SB97,6,1310
174.08
(2) In a county in which an agreement under s. 174.10 (2) is in effect,
11a collecting official who is not the intergovernmental commission shall pay all dog
12license taxes to the intergovernmental commission and shall report the licenses
13issued to the intergovernmental commission.
SB97, s. 14
14Section
14. 174.09 of the statutes is amended to read:
SB97,6,21
15174.09 Dog license fund; how disposed of and accounted for. (1) The 16Except as provided in sub. (3), the dog license taxes so paid to the county treasurer
17shall be kept in a separate account and shall be known as the "dog license fund" and
18shall be appropriated and disbursed for the purposes and in the manner following:
19Within 30 days after receipt of the same
, the county treasurer shall pay into the state
20treasury 5% of the minimum tax as provided for under s. 174.05 (2) of all dog license
21taxes which shall have been received by the county treasurer.
SB97,7,12
22(2) Expenses Except as provided in sub. (3), expenses necessarily incurred by
23the county in purchasing and providing books, forms
, and other supplies required in
24the administering
of the dog license law, expenses incurred by the county under s.
2595.21 (4) (b) and (8) and expenses incurred by the county pound or by a humane
1society or other organization designated to provide a pound for collecting, caring for
, 2and disposing of dogs may be paid out of the dog license fund. The amount remaining
3in the fund after deducting these expenses shall be available for and may be used as
4far as necessary for paying claims allowed by the county to the owners of domestic
5animals because of damages done by dogs during the license year for which the taxes
6were paid. Any surplus in excess of $1,000 which may remain from the dog license
7taxes of any license year shall on March 1 of the succeeding year be paid by the county
8treasurer to the county humane society or other organization designated by the
9county board to provide a pound. If there is no humane society or other organization
10designated to provide a pound, these funds shall be paid to the towns, villages
, and
11cities of the county for their use in the proportion in which the towns, villages
, and
12cities contributed to the fund out of which the surplus arises.
SB97, s. 15
13Section
15. 174.09 (3) of the statutes is created to read:
SB97,7,2414
174.09
(3) In a county in which an agreement under s. 174.10 (2) is in effect,
15the intergovernmental commission shall maintain the dog license fund, consisting
16of the dog license taxes. The intergovernmental commission shall pay 5% of the
17minimum dog license tax provided for under s. 174.05 (2) to the department and shall
18expend the remainder of the dog license fund for the purposes of administering the
19dog license law, providing a pound for dogs, and paying claims allowed under s.
20174.11. If on March 1 there is remaining in the dog license fund a surplus from the
21dog license taxes of the previous license year that exceeds 5% of the dog license taxes
22collected in that license year, the intergovernmental commission shall return the
23excess to the towns, villages, and cities of the county in the proportion in which the
24towns, villages, and cities contributed to the fund in that license year.
SB97, s. 16
25Section
16. 174.10 of the statutes is created to read:
SB97,8,2
1174.10 Dog licensing in populous counties. (1) In this section,
2"municipality" means a city, village, or town.
SB97,8,8
3(2) If all of the municipalities in a county with a population of 500,000 or more
4form an intergovernmental commission by contract under s. 66.0301 (2) for the
5purpose of providing animal control services, the county and the intergovernmental
6commission may enter into an agreement under which the intergovernmental
7commission assumes the county's responsibility for activities related to dog
8licensing.
SB97,8,11
9(3) If a county and an intergovernmental commission enter into an agreement
10under sub. (2), the intergovernmental commission shall provide a copy of the
11agreement to the department.
SB97, s. 17
12Section
17. 174.11 (1) of the statutes is amended to read:
SB97,9,313
174.11
(1) The owner of any domestic animal, including a ranch mink, when
14it is proven that a dog forcibly entered an enclosure in which the mink was kept,
15which is attacked, chased, injured
, or killed by a dog may, within 3 days after the
16owner has knowledge or notice thereof, file a written claim for damages with the
17clerk of the town, village
, or city in which the damage occurred or, if it occurred in
18a town or village, with the chairperson of such town or the president of such village.
19The form of the claim may be prescribed by the department of agriculture, trade and
20consumer protection. Upon presentation of a claim the supervisors of the town, the
21board of trustees of the village, or the common council of the city, or a committee
22appointed for that purpose by the supervisors, the board of trustees
, or the common
23council shall promptly investigate the claim and may subpoena witnesses,
24administer oaths
, and take testimony relative to the claim and shall within 30 days
25after the filing of the claim make, certify
, and return to the county clerk
or, in a county
1in which an agreement under s. 174.10 (2) is in effect, to the intergovernmental
2commission the claim, a report of the investigation, the testimony taken
, and the
3amount of damages suffered by the owner of the domestic animal.
SB97, s. 18
4Section
18. 174.11 (2) of the statutes is renumbered 174.11 (2) (a) and
5amended to read:
SB97,9,96
174.11
(2) (a) The form of the report and certification
under sub. (1) may be
7prescribed by the department of agriculture, trade and consumer protection, and
8shall be subscribed by the supervisors, board
, or committee making the report and
9certification.
The
SB97,9,17
10(b) Except as provided in par. (c), the county clerk shall submit to the county
11board at its first meeting, following the receipt of any such claim, all claims filed and
12reported
, and the claims shall be acted upon and determined by the county board as
13other claims are determined and acted upon.
The
Except as provided in par. (c), the 14amount of damages filed and reported to the county clerk shall be prima facie proof
15of the actual damages sustained, but evidence may be taken before the county board
16relative to the claims as in other cases
, and appeals from the action of the county
17board shall lie as in other cases.