Amendment ASA1-AB585

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 1997 ASSEMBLY BILL 585

December 11, 1997 - Offered by Representative Meyer.

AB585-ASA1,1,11 An Act to repeal 58.07, 174.046, 951.15 (2) to (4) and 951.162 (title); to renumber 173.01 to 173.07 and 951.15 (1); to renumber and amend 951.16, 951.162, 951.165 (title), (1), (2) and (3) and 951.17; to amend 20.115 (2) (j), 60.24 (3) (xm), 93.07 (11), chapter 172 (title), 174.01 (2), 174.13 (3), 895.57 (1) (a), 943.75 (1) (a), 951.01 (4), 951.03, 951.18 (1) and (4) (a) 2. and (b) and 968.20 (1) (intro.) and (2); to repeal and recreate chapter 173 (title) and 951.15 (title); and to create 95.21 (1) (a), 170.065, subchapter I (title) of chapter 172 [precedes 172.01], 172.012, subchapter II (title) of chapter 172 [precedes 172.51], 173.01 to 173.27, 757.69 (1) (n) and 951.01 (3e) of the statutes; relating to: humane officers, the custody and disposition of animals, granting rule-making authority, making an appropriation and providing a penalty.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB585-ASA1, s. 1 Section 1. 20.115 (2) (j) of the statutes is amended to read:

AB585-ASA1,2,8 20.115 (2) (j) Dog licenses, rabies control and related services. The amounts in the schedule to provide dog license tags and forms under s. 174.07 (2), to perform other program responsibilities under ch. 174, to administer the rabies control program under s. 95.21, to help administer the rabies control media campaign and to carry out the humane activities under s. 93.07 (11) and ch. 173. All moneys received by the state treasurer under s. ss. 173.27 and 174.09 (1) shall be credited to this appropriation.

AB585-ASA1, s. 2 Section 2. 58.07 of the statutes is repealed.

AB585-ASA1, s. 3 Section 3. 60.24 (3) (xm) of the statutes is amended to read:

AB585-ASA1,2,12 60.24 (3) (xm) Perform the town chairperson's duties related to animals that have caused damage in the town under ch. 173 172.

AB585-ASA1, s. 4 Section 4. 93.07 (11) of the statutes is amended to read:

AB585-ASA1,2,18 93.07 (11) Humane activities. To cooperate with humane societies and assist duly appointed humane officers in the enforcement of the laws relating to humane education and the prevention of cruelty to animals and for this purpose the department and its authorized agents when engaged in this work shall have the powers of police officers and constables.

AB585-ASA1, s. 5 Section 5. 95.21 (1) (a) of the statutes is created to read:

AB585-ASA1,2,20 95.21 (1) (a) "Humane officer" means an officer appointed under s. 173.03.

AB585-ASA1, s. 6 Section 6. 170.065 of the statutes is created to read:

AB585-ASA1,2,24 170.065 Exemption. Sections 170.01 to 170.06 do not apply to a humane officer appointed under ch. 173 or a law enforcement officer who takes custody of an animal under ch. 173 or other applicable law.

AB585-ASA1, s. 7 Section 7. Chapter 172 (title) of the statutes is amended to read:

AB585-ASA1,3,1 CHAPTER 172

AB585-ASA1,3,3 ANIMALS DISTRAINED or doing damage

AB585-ASA1, s. 8 Section 8. Subchapter I (title) of chapter 172 [precedes 172.01] of the statutes is created to read:

AB585-ASA1,3,6 chapter 172

AB585-ASA1,3,8 Subchapter I animals distrained

AB585-ASA1, s. 9 Section 9. 172.012 of the statutes is created to read:

AB585-ASA1,3,12 172.012 Exemption. This chapter does not apply to a humane officer appointed under ch. 173 or a law enforcement officer who takes custody of an animal under ch. 173 or other applicable law.

AB585-ASA1, s. 10 Section 10. Subchapter II (title) of chapter 172 [precedes 172.51] of the statutes is created to read:

AB585-ASA1,3,15 chapter 172

AB585-ASA1,3,17 subchapter ii animals doing damage

AB585-ASA1, s. 11 Section 11. Chapter 173 (title) of the statutes is repealed and recreated to read:

AB585-ASA1,3,21 chapter 173 Animals; humane officers

AB585-ASA1, s. 12 Section 12. 173.01 to 173.07 of the statutes are renumbered 172.51 to 172.57.

AB585-ASA1, s. 13 Section 13. 173.01 to 173.27 of the statutes are created to read:

AB585-ASA1,3,24 173.01 Definitions. In this chapter:

AB585-ASA1,4,2 (1) "Department" means the department of agriculture, trade and consumer protection.

AB585-ASA1,4,3 (2) "Law enforcement officer" has the meaning given in s. 165.85 (2) (c).

AB585-ASA1,4,4 (3) "Political subdivision" means a city, village, town or county.

AB585-ASA1,4,8 173.03 Appointment of humane officer. (1) Appointment. The governing body of any political subdivision may appoint one or more humane officers. The governing body of a political subdivision shall report all appointments and terminations of appointments of humane officers to the department.

AB585-ASA1,4,13 (2) Ordinance. Before, or at the time of, appointing a humane officer under sub. (1), the governing body making the appointment shall enact an ordinance that designates one or more officials of the political subdivision who may modify or withdraw abatement orders issued under s. 173.11 by humane officers appointed by the political subdivision.

AB585-ASA1,4,19 (3) Jurisdiction. A humane officer appointed by a city, village or town shall carry out his or her duties within the boundaries of the city, village or town. A humane officer appointed by a county shall carry out his or her duties throughout the county, other than within the boundaries of a city or village whose governing body adopts a resolution withdrawing from county enforcement of humane laws and transmits a copy of the resolution to the county.

AB585-ASA1,4,24 173.05 Certification required. (1) Any person appointed as a humane officer under s. 173.03 on or after the effective date of this subsection .... [revisor inserts date], shall, before appointment or by the applicable deadline established under s. 173.27 (1) (b), complete a course of training approved by the department and receive certification under s. 173.27 (3).

AB585-ASA1,5,4 (2) (a) A person appointed as a humane officer before the effective date of this paragraph .... [revisor inserts date], shall complete a course of training approved by the department, except as provided in par. (b), and shall receive certification under s. 173.27 (3) by the applicable deadline established under s. 173.27 (1) (b).

AB585-ASA1,5,7 (b) A person to whom par. (a) applies is not required to complete a course of training approved by the department if he or she takes an examination given by the department and passes the examination on the first attempt.

AB585-ASA1,5,10 (3) The governing body of a political subdivision that appoints a humane officer who fails to obtain certification within the required time shall terminate the appointment.

AB585-ASA1,5,14 173.07 Powers and duties of humane officers. (1) Enforcement. A humane officer shall enforce s. 95.21, this chapter, chs. 174 and 951 and ordinances relating to animals enacted by political subdivisions in which the humane officer has jurisdiction under s. 173.03 (3).

AB585-ASA1,5,17 (2) Investigation. A humane officer shall investigate alleged violations of statutes and ordinances relating to animals and, in the course of the investigations, may execute inspection warrants under s. 66.122.

AB585-ASA1,5,20 (3) Seek subpoenas. A humane officer may request the district attorney for the county to obtain subpoenas to compel testimony and obtain documents in aid of investigations.

AB585-ASA1,5,23 (4) Issue citations. If authorized by the appointing political subdivision, a humane officer shall issue citations under s. 66.119 for violations of ordinances relating to animals.

AB585-ASA1,6,3 (4m) Request prosecutions. A humane officer may request law enforcement officers and district attorneys to enforce and prosecute violations of state law and may cooperate in those prosecutions.

AB585-ASA1,6,5 (5) Prohibited actions. Unless also a law enforcement officer, a humane officer may not in the course of his or her duties do any of the following:

AB585-ASA1,6,6 (a) Execute a search warrant.

AB585-ASA1,6,7 (b) Carry firearms.

AB585-ASA1,6,8 (c) Stop or arrest persons.

AB585-ASA1,6,10 (d) Stop, search or detain vehicles, except under an inspection warrant under s. 66.122.

AB585-ASA1,6,14 (e) Enter any place or vehicle by force or without the consent of the owner, except in an emergency occasioned by fire or other circumstance in which that entry is reasonable and is necessary to save an animal from imminent death or a person from imminent death or injury.

AB585-ASA1,6,15 (f) Remove any animal from the custody of another person by force.

AB585-ASA1,6,18 (6) Conflict of interest prohibited. No humane officer may sell or otherwise dispose of any animal that came into the humane officer's custody in the course of his or her duties.

AB585-ASA1,6,25 173.09 Investigations. In the course of investigation of suspected violations of statutes or ordinances, a humane officer may enter any building, vehicle or place where animals may be present for the purpose of inspection, examination of animals or the gathering of evidence. If the building, vehicle or place to be entered is not public, and consent of the owner or person in charge is not obtained, entry shall be under authority of a special inspection warrant issued under s. 66.122 or a search warrant.

AB585-ASA1,7,7 173.11 Abatement of violations. (1) Issuance of order. If a humane officer or law enforcement officer after investigation has reasonable grounds to believe that a violation of a statute or ordinance is occurring to the detriment or injury of any animal, the humane officer or law enforcement officer may issue and serve an order of abatement directed to named persons. An official designated in an ordinance under s. 173.03 (2) may not participate in the decision to issue the order or in any activity leading to that decision.

AB585-ASA1,7,9 (1m) Content of order. An abatement order issued under sub. (1) shall contain all of the following:

AB585-ASA1,7,10 (a) The name and address of the person to whom directed.

AB585-ASA1,7,11 (b) The statute or ordinance alleged to be violated.

AB585-ASA1,7,12 (c) A prohibition on further violations.

AB585-ASA1,7,13 (d) A description of measures necessary to correct the alleged violation.

AB585-ASA1,7,14 (e) A description of the hearing and appeal provisions under subs. (2) and (4).

AB585-ASA1,7,19 (2) Hearing. Any person named in an abatement order issued under sub. (1) may, within the 10-day period following service of the order, request a hearing before an official designated in an ordinance under s. 173.03 (2). The hearing shall be held within 10 days after the request is made, unless the requester agrees to a later date. The hearing shall be informal in nature.

AB585-ASA1,7,22 (3) Decision. Within 10 days after a hearing under sub. (2), the official who conducts the hearing shall affirm the order, modify and affirm the order or withdraw the order.

AB585-ASA1,7,25 (4) Appeal. Any person adversely affected by a decision under sub. (3) may seek judicial review by commencing an action in circuit court within 30 days after the day that the decision is issued.

AB585-ASA1,8,5 173.13 Taking custody of animals. (1) Intake. (a) A humane officer, on behalf of a political subdivision in which the humane officer has jurisdiction under s. 173.01 (3), or a law enforcement officer, on behalf of a political subdivision, may take custody of an animal if the humane officer or law enforcement officer has reasonable grounds to believe that the animal is one of the following:

AB585-ASA1,8,6 1. An abandoned or stray animal.

AB585-ASA1,8,8 2. An unwanted animal delivered to the humane officer or law enforcement officer.

AB585-ASA1,8,9 3. A dog not tagged as required by ch. 174.

AB585-ASA1,8,10 4. An animal not licensed in compliance with any ordinance.

AB585-ASA1,8,12 5. An animal not confined as required by a quarantine order under any statute, rule or ordinance relating to the control of any animal disease.

AB585-ASA1,8,13 6. An animal that has caused damage to persons or property.

AB585-ASA1,8,14 7. A participant in an animal fight intentionally instigated by any person.

AB585-ASA1,8,15 8. An animal mistreated in violation of ch. 951.

AB585-ASA1,8,16 9. An animal delivered by a veterinarian under sub. (2).

AB585-ASA1,8,18 (b) A humane officer shall accept into custody any animal delivered by a law enforcement officer or delivered under a court order.

AB585-ASA1,8,25 (c) A person other than a humane officer or a law enforcement officer may not take an animal into custody on behalf of a political subdivision unless the animal is an abandoned or stray animal. If a person other than a humane officer or a law enforcement officer takes custody of an abandoned or stray animal on behalf of a political subdivision, he or she shall deliver the animal to a person contracting under s. 173.15 (1), to a humane officer or law enforcement officer for disposition under s. 173.23 or to a pound.

AB585-ASA1,9,4 (2) Delivery of animal by veterinarian. (a) A humane officer or law enforcement officer or a person contracting under s. 173.15 (1) may accept an animal delivered by a veterinarian, or his or her employe, if the animal has not been picked up by its owner and all of the following apply:

AB585-ASA1,9,7 1. The veterinarian notified the owner of the animal by certified mail, return receipt requested, that the animal was ready to be picked up and that the animal would be delivered to a humane officer if not picked up within 7 days.

AB585-ASA1,9,10 2. The veterinarian retained the animal for 7 days after the day on which the return receipt was signed or until the letter was returned to the veterinarian as undeliverable.

AB585-ASA1,9,12 3. The veterinarian certifies in writing to the humane officer or law enforcement officer that subds. 1. and 2 apply.

AB585-ASA1,9,15 (b) If an animal is accepted under par. (a), the veterinarian shall provide the person accepting the animal with any requested records concerning the animal's ownership, health or licensure.

AB585-ASA1,9,20 (3) Notification of owner. (a) If a humane officer or law enforcement officer takes custody of an animal with the knowledge of the owner, the humane officer or law enforcement officer shall explain the procedure by which the owner can recover the animal, including the procedure under s. 173.22, and the procedure to be followed if the animal is not returned to the owner.

AB585-ASA1,9,24 (b) If a humane officer or law enforcement officer takes custody of an animal without the knowledge of the owner, the humane officer or law enforcement officer shall promptly notify the owner in writing if he or she can be identified and located with reasonable effort. The notice shall explain the procedure by which the owner can recover the animal, including the procedure under s. 173.22, and the procedure to be followed if the animal is not returned to the owner.

AB585-ASA1,10,5 (c) If the owner informs the humane officer or law enforcement officer in writing that he or she will not claim the animal, it may be treated as an unclaimed animal under s. 173.23 (1m).

AB585-ASA1,10,15 173.15 Provision of care, treatment or disposal services. (1) Providing services. A political subdivision may provide for the care, treatment or disposal of animals taken into custody by a humane officer or law enforcement officer. A political subdivision may provide these services directly or by contracting with any other person. A political subdivision may establish standard fees for the care, custody and treatment of animals in its custody. The political subdivision may establish different fees for animals released to their owners and animals released to persons other than their owners. If the political subdivision does not establish standard fees, it may charge no more than the actual costs of care, custody or treatment to any person required to pay for the care, custody or treatment of an animal.

AB585-ASA1,10,17 (2) Contract for services. Every person entering into a contract with a political subdivision under sub. (1) shall agree to do all of the following: