2009 - 2010 LEGISLATURE
May 18, 2009 - Introduced by Senators Kreitlow, Darling, Taylor, Plale,
Carpenter, Sullivan, Holperin, S. Fitzgerald, Risser, Lehman, Cowles,
Olsen, A. Lasee, Kanavas, Hansen, Wirch, Kapanke, Coggs and Leibham,
cosponsored by Representatives
Smith, Sinicki, Richards, Jorgensen, Dexter,
Wood, Bernard Schaber, Pope-Roberts, Berceau, Barca, Pocan, Colon,
Mason, Shilling, Sherman, Grigsby, Cullen, Seidel, Staskunas, Molepske
Jr., Soletski, Honadel, Steinbrink, Van Roy, Van Akkeren, Pasch, Benedict,
Turner, Black, Spanbauer, Zepnick, Schneider, Fields, J. Ott, A. Ott,
Hilgenberg, Zigmunt, Young, Parisi, Gottlieb, Hebl, Roys, A. Williams,
Montgomery, Hixson, Stone, Bies, Zipperer, Kestell, Davis and Pridemore.
Referred to Committee on Small Business, Emergency Preparedness,
Technical Colleges, and Consumer Protection.
SB208,1,4
1An Act to amend 20.115 (2) (j); and
to create 173.41 and 778.25 (1) (a) 8. of the
2statutes;
relating to: regulation of persons who sell dogs or operate animal
3shelters or animal control facilities, granting rule-making authority, making
4an appropriation, and providing a penalty.
Analysis by the Legislative Reference Bureau
Licensing of dog sellers, animal shelters, and animal control facilities
This bill 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 bill is enacted into
law.
The bill 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 bill 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 bill allows DATCP to make additional inspections during
regular business hours to ensure compliance with requirements established in the
bill.
The bill 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 bill prohibits a licensee from transferring a dog to a buyer before the dog
is seven weeks old. The bill 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 infectious or contagious diseases at the
time of examination.
The bill prohibits any person from selling at auction a dog that is not spayed or
neutered unless the dog has tested negative for brucellosis.
The bill 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 bill requires licensees to provide dogs with adequate food, water, veterinary
care, shelter, and opportunity for exercise. The bill 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 bill,
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 bill may be fined not
more than $10,000 or imprisoned not more than nine months or both. Violations of
other requirements in the bill are punishable by forfeitures (civil monetary
penalties). The bill 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 bill 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 bill authorizes DATCP to seize a dog from a person required to be licensed
if there are reasonable grounds to believe that the dog is being criminally mistreated.
The bill requires DATCP to promulgate rules for the administration of the
program. It also requires DATCP to appoint an advisory committee for the rule
making.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
For further information see the state 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:
SB208, s. 1
1Section
1. 20.115 (2) (j) of the statutes is amended to read:
SB208,3,72
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, s. 2
8Section
2. 173.41 of the statutes is created to read:
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9173.41 Regulation of persons who sell dogs or operate animal shelters. 10(1) Definitions. In this section:
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(a) "Animal control facility" means a facility for the care of animals operated
12under 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
14providing for and promoting the welfare, protection, and humane treatment of
15animals, that is used to shelter at least 25 dogs in a year, and that is operated by a
16humane society, animal welfare society, animal rescue group, or other nonprofit
17group.
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1(c) "Dog breeder" means a person who sells 25 or more dogs in a year that the
2person has bred and raised.
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(d) "Dog breeding facility" means a place at which dogs are bred and raised and
4from which 25 or more dogs are sold in a year.
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(e) "Dog dealer" means a person, other than an out-of-state dog dealer, who
6sells, distributes, or trades, or offers for sale, distribution, or trade, 25 or more dogs
7in a year that the person has not bred and raised or who operates an auction at which
850 or more dogs are sold or offered for sale in a year.
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(f) "Out-of-state dog dealer" means a person who is not a resident of this state
10who 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
12sell other items, from booths or other spaces that are rented from or provided at no
13cost by the person operating the place.
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(h) "Transfer" means to grant physical possession to another.
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15(2) License Required. (a) Except as provided in par. (e), (f), or (g), beginning
16on the first day of the 18th month beginning after the effective date of this paragraph
17.... [LRB inserts date], no person may do any of the following without an annual
18license 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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1(b) A person operating as an out-of-state dog dealer shall obtain one license
2under this subsection. Any other person required to obtain a license under this
3subsection shall obtain one license for each premises at which the person operates
4an animal shelter, animal control facility, or dog breeding facility or operates as a dog
5breeder or dog dealer.
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(c) A person shall apply for a license under par. (a) on a form provided by the
7department and shall provide information reasonably required by the department.
8An applicant shall submit the applicable fees required under sub. (3) with the
9application.
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(d) The department shall grant or deny an application for an initial license
11within 30 days after the application is complete and the applicable fees have been
12submitted.
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(e) A veterinarian licensed under ch. 453 practicing in the normal course of
14veterinary business within the scope of the license is not required to obtain a license
15under this subsection.
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(f) An individual providing foster care to a dog in the individual's home at the
17request of a person operating an animal shelter that is licensed under this subsection
18is 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
20conducting 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
22available 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
25required under this subsection in the next year.
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14. The individual was not licensed under this subsection during the previous
2year.
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5. The individual notifies the department at least 30 days before offering the
4dogs 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
6location visible to any person coming onto the licensed premises.
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7(3) License Fees. (a) Except as provided under par. (b) or (c), the annual fee
8for 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
10year, $250.
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2. For a person who sells or offers to sell at least 50 but fewer than 100 dogs per
12year, $500.
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3. For a person who sells or offers to sell at least 100 but fewer than 250 dogs
14per 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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5. 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
18dog dealer is 150 percent of the fee determined under par. (a), based on the number
19of dogs sold in this state.
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(c) The department may promulgate rules specifying fees for licenses under
21sub. (2) that are higher than the fees in pars. (a) and (b) if necessary to cover the costs
22of administering this section.
SB208,7,3
23(4) License denial or revocation. (a) The department may deny, refuse to
24renew, or revoke any license under sub. (2) if the applicant or licensee is not fit,
25qualified, or equipped to conduct the activity for which the license is required, has
1violated or failed to obey any applicable law, order, or regulation, or has
2misrepresented or intentionally failed to disclose a material fact in applying for the
3license.
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(b) The department may issue any license under sub. (2) conditioned upon
5relevant circumstances or acts. If a license is conditioned upon compliance within
6a specified period and the condition is not met within the specified period, the license
7is void.
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8(5) Summary license suspension. (a) The department may, by written notice,
9without prior notice or hearing, suspend a license issued under sub. (2) if, upon
10inspection of the licensed premises, the department finds any condition that
11imminently threatens the health, safety, or welfare of any animal on the licensed
12premises or there is evidence that an act of animal cruelty in violation of ch. 951 has
13been 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
15suspension and specify conditions that must be met for reinstatement.
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(c) The department shall specify in the notice under par. (a) a date after which
17a reinspection of the licensed premises may take place. The department may conduct
18a reinspection without notice to the licensee. The department may reinstate a license
19following a summary suspension if the department finds, based upon reinspection
20or evidence presented by the licensee, that circumstances warrant reinstatement.
21The 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
23par. (a), by written appeal to the department, within 10 days of receiving the notice
24of summary suspension. The department shall describe the right of hearing in the
1notice to the licensee under par. (a). The department shall promptly initiate
2proceedings to hear the appeal.
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3(6) Inspections. (a) The department shall inspect the premises at which a
4person who is required to obtain a license under sub. (2) (a) 1. to 5. operates before
5issuing the initial license and at least once every 2 years after the year in which the
6person is first licensed. The department is not required to inspect the out-of-state
7premises 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
9required to obtain a license under sub. (2) at any time during normal business hours
10to ensure compliance with this section.
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(c) The department may charge a fee for an inspection that it undertakes to
12determine whether a previous violation of this section or rules promulgated under
13this section has been corrected.
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(d) An inspection fee under par. (c) is due upon written demand from the
15department. Unless otherwise specified by the department by rule, the fee for an
16inspection under par. (c) is $150.
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17(7) Out-of-state dealers. The department may not issue a license under sub.
18(2) to a person who is an out-of-state dog dealer unless the person provides to the
19department a copy of any license required by the person's state of residence and any
20license required under federal law.