LRBs0123/1
RCT:cjs&kjf:rs
2009 - 2010 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO 2009 SENATE BILL 208
September 23, 2009 - Offered by Senator Kreitlow.
SB208-SSA1,1,4
1An Act to amend 20.115 (2) (j) and 93.21 (5) (a); and
to create 173.41 and 778.25
2(1) (a) 8. of the statutes;
relating to: regulation of persons who sell dogs or
3operate animal shelters or animal control facilities, granting rule-making
4authority, making an appropriation, and providing a penalty.
Analysis by the Legislative Reference Bureau
Licensing of dog sellers, animal shelters, and animal control facilities
This substitute amendment requires certain persons who sell dogs or operate
animal shelters or animal control facilities to be licensed by the Department of
Agriculture, Trade and Consumer Protection (DATCP), beginning 18 months after
the substitute amendment is enacted into law.
The substitute amendment requires all of the following to obtain licenses, with
limited exceptions:
1. A person who sells 25 or more dogs in a year (including a nonresident who
brings dogs into this state for sale).
2. A person who operates a dog breeding facility (a place at which dogs are bred
and raised) from which 25 or more dogs are sold in a year.
3. A person who operates an auction at which 50 or more dogs are sold or offered
for sale in a year.
4. A person who operates an animal shelter that is used to shelter at least 25
dogs in a year.
5. A person who operates an animal control facility under a contract with a city,
village, town, or county.
The substitute amendment requires DATCP to inspect each location in this
state at which a person who applies for a license operates before issuing an initial
license and at least once every two years thereafter, except that during the first 12
months in which licenses are required DATCP may issue a temporary initial license
before conducting the required inspection. The substitute amendment allows
DATCP to make additional inspections during regular business hours to ensure
compliance with requirements established in the substitute amendment.
The substitute amendment specifies fees for licenses, generally based on the
number of dogs sold, and authorizes DATCP to set higher fees by rule if necessary
to cover the costs of administering the program.
Sale of dogs
This substitute amendment prohibits a licensee from transferring a dog to a
buyer before the dog is seven weeks old. The substitute amendment requires a
licensee to provide the purchaser of a dog with a copy of the dog's vaccination records
and with a statement from a veterinarian who examined the dog stating that the dog
had no signs of infectious or contagious diseases at the time of examination.
The substitute amendment prohibits any person from selling at auction a dog
that is not spayed or neutered unless the dog has tested negative for brucellosis.
The substitute amendment also requires a person who sells or offers to sell a
dog at a temporary dog market, such as a flea market, to provide information about
the dog to the operator of the temporary dog market. It requires the operator of a
temporary dog market to register with DATCP, review and keep the information
provided by sellers, and, if dogs are sold or offered for sale on two or more consecutive
days, have a veterinarian examine the dogs.
Standards of care
The substitute amendment requires licensees to provide dogs with adequate
food, water, veterinary care, shelter, and opportunity for exercise. The substitute
amendment requires enclosures for dogs to be of appropriate size and structurally
sound. It requires licensees to keep enclosures clean and to follow restrictions on the
use of wire flooring. Under the substitute amendment, a licensee must ensure that
each dog is observed every day in order to monitor the health and temperament of
the dog and provide care as needed.
Enforcement and administration
A person who fails to obtain a license required under this substitute
amendment may be fined not more than $10,000 or imprisoned not more than nine
months or both. Violations of other requirements in the substitute amendment are
punishable by forfeitures (civil monetary penalties). The substitute amendment
authorizes the use of a citation, which is similar to a traffic ticket, in case of a
violation that is punishable by a forfeiture.
The substitute amendment provides DATCP with authority to deny, revoke, or
refuse to renew a license for cause. It also authorizes DATCP to summarily suspend
a license if an inspection reveals a condition that imminently threatens an animal
or there is evidence that an animal has been criminally mistreated.
The substitute amendment requires DATCP to promulgate rules for the
administration of the program. It also requires DATCP to appoint an advisory
committee for the rule making.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB208-SSA1,3,72
20.115
(2) (j)
Dog licenses, rabies control, and related services. All moneys
3received under ss. 95.21 (9) (c), 173.27,
173.41, and 174.09 (1) and (3), to provide dog
4license tags and forms under s. 174.07 (2), to perform other program responsibilities
5under ch. 174, to administer the rabies control program under s. 95.21, to help
6administer the rabies control media campaign, and to carry out activities under s.
793.07 (11) and ch. 173.
SB208-SSA1,3,119
93.21
(5) (a) In this subsection, "license" means a permit, certificate,
10registration
, or license issued by the department under chs. 91 to 100
or ch., 126
, or
11173.
SB208-SSA1,3,14
13173.41 Regulation of persons who sell dogs or operate animal shelters. 14(1) Definitions. In this section:
SB208-SSA1,3,1615
(a) "Animal control facility" means a facility for the care of animals operated
16under a contract with a political subdivision under s. 173.15 (1).
SB208-SSA1,4,217
(b) "Animal shelter" means a facility that is operated for the purpose of
18providing for and promoting the welfare, protection, and humane treatment of
19animals, that is used to shelter at least 25 dogs in a year, and that is operated by a
1humane society, animal welfare society, animal rescue group, or other nonprofit
2group.
SB208-SSA1,4,63
(c) "Dog breeder" means a person who sells 25 or more dogs in a year that the
4person has bred and raised, except that "dog breeder" does not include a person who
5sells 25 or more dogs in a year that the person has bred and raised if all of those dogs
6are from no more than 3 litters.
SB208-SSA1,4,117
(d) "Dog breeding facility" means a place at which dogs are bred and raised and
8from which 25 or more dogs are sold in a year, except that "dog breeding facility" does
9not include a place at which dogs are bred and raised and from which 25 or more dogs
10are sold in a year if all of the dogs that are sold in a year are from no more than 3
11litters.
SB208-SSA1,4,1512
(e) "Dog dealer" means a person, other than an out-of-state dog dealer, who
13sells, distributes, or trades, or offers for sale, distribution, or trade, 25 or more dogs
14in a year that the person has not bred and raised or who operates an auction at which
1550 or more dogs are sold or offered for sale in a year.
SB208-SSA1,4,1816
(em) "Dog trial" means an organized competitive field event involving sporting
17dog breeds that is sanctioned, licensed, or recognized by a local, state, regional, or
18national dog organization.
SB208-SSA1,4,2019
(f) "Out-of-state dog dealer" means a person who is not a resident of this state
20who brings 25 or more dogs into this state for sale in this state in a year.
SB208-SSA1,4,2421
(g) "Temporary dog market" means a place at which persons sell dogs, and may
22sell other items, from booths or other spaces that are rented from or provided at no
23cost by the person operating the place, except that "temporary dog market" does not
24include a dog trial.
SB208-SSA1,4,2525
(h) "Transfer" means to grant physical possession to another.
SB208-SSA1,5,4
1(2) License Required. (a) Except as provided in par. (e), (f), or (g), beginning
2on the first day of the 18th month beginning after the effective date of this paragraph
3.... [LRB inserts date], no person may do any of the following without an annual
4license from the department:
SB208-SSA1,5,55
1. Operate an animal shelter.
SB208-SSA1,5,66
2. Operate an animal control facility.
SB208-SSA1,5,77
3. Operate as a dog breeder.
SB208-SSA1,5,88
4. Operate a dog breeding facility.
SB208-SSA1,5,99
5. Operate as a dog dealer.
SB208-SSA1,5,1010
6. Operate as an out-of-state dog dealer.
SB208-SSA1,5,1511
(b) A person operating as an out-of-state dog dealer shall obtain one license
12under this subsection. Any other person required to obtain a license under this
13subsection shall obtain one license for each premises at which the person operates
14an animal shelter, animal control facility, or dog breeding facility or operates as a dog
15breeder or dog dealer.
SB208-SSA1,5,1916
(c) A person shall apply for a license under par. (a) on a form provided by the
17department and shall provide information reasonably required by the department.
18An applicant shall submit the applicable fees required under sub. (3) with the
19application.
SB208-SSA1,5,2220
(d) The department shall grant or deny an application for an initial license
21within 30 days after the application is complete and the applicable fees have been
22submitted.
SB208-SSA1,5,2523
(e) A veterinarian licensed under ch. 453 practicing in the normal course of
24veterinary business within the scope of the license is not required to obtain a license
25under this subsection.
SB208-SSA1,6,3
1(f) An individual providing foster care to a dog in the individual's home at the
2request of a person operating an animal shelter that is licensed under this subsection
3is not required to obtain a license under this subsection.
SB208-SSA1,6,54
(g) An individual is not required to obtain a license for the purpose of
5conducting a one-time kennel liquidation, if all of the following apply:
SB208-SSA1,6,76
1. The individual sells no more than 30 dogs and makes all of the dogs initially
7available for sale at the same time.
SB208-SSA1,6,88
2. The individual sells only dogs that he or she owns.
SB208-SSA1,6,109
3. The individual does not intend to engage in activities for which a license is
10required under this subsection in the next year.
SB208-SSA1,6,1211
4. The individual was not licensed under this subsection during the previous
12year.
SB208-SSA1,6,1413
5. The individual notifies the department at least 30 days before offering the
14dogs for sale.
SB208-SSA1,6,1615
(h) A person licensed under par. (a) 1. to 5. shall post a copy of the license in a
16location visible to any person coming onto the licensed premises.