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:
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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.
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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.
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13173.41 Regulation of persons who sell dogs or operate animal shelters. 14(1) Definitions. In this section:
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(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).
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(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.
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(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.
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(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.
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(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.
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(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.
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(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.
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(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.
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(h) "Transfer" means to grant physical possession to another.
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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:
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1. Operate an animal shelter.
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2. Operate an animal control facility.
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3. Operate as a dog breeder.
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4. Operate a dog breeding facility.
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5. Operate as a dog dealer.
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6. Operate as an out-of-state dog dealer.
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(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.
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(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.
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(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.
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(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.
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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.
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(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:
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1. The individual sells no more than 30 dogs and makes all of the dogs initially
7available for sale at the same time.
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2. The individual sells only dogs that he or she owns.
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3. The individual does not intend to engage in activities for which a license is
10required under this subsection in the next year.
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4. The individual was not licensed under this subsection during the previous
12year.
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5. The individual notifies the department at least 30 days before offering the
14dogs for sale.
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(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.
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17(3) License Fees. (a) Except as provided under par. (b) or (c), the annual fee
18for a license under sub. (2) is as follows:
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1. For a person who sells or offers to sell at least 25 but fewer than 50 dogs per
20year, $250.
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2. For a person who sells or offers to sell at least 50 but fewer than 100 dogs per
22year, $500.
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3. For a person who sells or offers to sell at least 100 but fewer than 250 dogs
24per year, $750.
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4. For a person who sells or offers to sell 250 or more dogs per year, $1,000.
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15. For a person who operates an animal shelter or animal control facility, $125.
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(b) Except as provided under par. (c), the annual license fee for an out-of-state
3dog dealer is 150 percent of the fee determined under par. (a), based on the number
4of dogs sold in this state.
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(c) The department may promulgate rules specifying fees for licenses under
6sub. (2) that are higher than the fees in pars. (a) and (b) if necessary to cover the costs
7of administering this section.
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8(4) License denial or revocation. (a) The department may deny, refuse to
9renew, or revoke any license under sub. (2) if the applicant or licensee is not fit,
10qualified, or equipped to conduct the activity for which the license is required, has
11violated or failed to obey any applicable law, order, or regulation, or has
12misrepresented or intentionally failed to disclose a material fact in applying for the
13license.
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(b) The department may issue any license under sub. (2) conditioned upon
15relevant circumstances or acts. If a license is conditioned upon compliance within
16a specified period and the condition is not met within the specified period, the license
17is void.
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18(5) Summary license suspension. (a) The department may, by written notice,
19without prior notice or hearing, suspend a license issued under sub. (2) if, upon
20inspection of the licensed premises, the department finds any condition that
21imminently threatens the health, safety, or welfare of any animal on the licensed
22premises or there is evidence that an act of animal cruelty in violation of ch. 951 has
23been committed by the licensee or has occurred on the licensed premises.
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(b) In the notice under par. (a), the department shall state the reasons for the
25suspension and specify conditions that must be met for reinstatement.
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1(c) The department shall specify in the notice under par. (a) a date after which
2a reinspection of the licensed premises may take place. The department may conduct
3a reinspection without notice to the licensee. The department may reinstate a license
4following a summary suspension if the department finds, based upon reinspection
5or evidence presented by the licensee, that circumstances warrant reinstatement.
6The department may specify a reinstatement date that it considers appropriate.
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(d) A licensee may request a hearing contesting a summary suspension under
8par. (a), by written appeal to the department, within 10 days of receiving the notice
9of summary suspension. The department shall describe the right of hearing in the
10notice to the licensee under par. (a). The department shall promptly initiate
11proceedings to hear the appeal.
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12(6) Inspections. (a) The department shall inspect the premises at which a
13person who is required to obtain a license under sub. (2) (a) 1. to 5. operates before
14issuing the initial license and at least once every 2 years after the year in which the
15person is first licensed. The department is not required to inspect the out-of-state
16premises at which an out-of-state dog dealer operates.
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(b) The department may enter and inspect the premises for which a person is
18required to obtain a license under sub. (2) at any time during normal business hours
19to ensure compliance with this section.
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(c) The department may charge a fee for an inspection that it undertakes to
21determine whether a previous violation of this section or rules promulgated under
22this section has been corrected.
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(d) An inspection fee under par. (c) is due upon written demand from the
24department. Unless otherwise specified by the department by rule, the fee for an
25inspection under par. (c) is $150.
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1(7) Out-of-state dealers. The department may not issue a license under sub.
2(2) to a person who is an out-of-state dog dealer unless the person provides to the
3department a copy of any license required by the person's state of residence and any
4license required under federal law.
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5(8) Health requirements for selling dogs. (a) No person who is required to
6be licensed under sub. (2) may sell a dog without providing all of the following to the
7purchaser:
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1. A certificate of veterinary inspection from a licensed veterinarian stating
9that the veterinarian has examined the dog and found that it has no signs of
10infectious or contagious diseases as of the date of the examination.
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2. A copy of all vaccination records for the dog showing the date the vaccine was
12administered and the name of the person who administered the vaccine.
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(b) A person may not sell at auction a dog that is not spayed or neutered without
14providing written proof that the dog has tested negative for brucellosis using a test
15approved by the department that was conducted no more than 30 days before the day
16of sale.
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17(9) Age for transfer of puppy. A person required to be licensed under sub. (2)
18may not transfer a dog to a buyer until the dog is 7 weeks of age.
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19(10) Standards of care. A person who is required to be licensed under sub. (2)
20shall do all of the following with respect to each dog kept by the person: