LRBs0386/1
RCT:mfd:lp
1997 - 1998 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 2,
TO 1997 ASSEMBLY BILL 585
January 7, 1998 - Offered by
Committee on Agriculture.
AB585-ASA2,1,11
1An Act to repeal 58.07, 174.046, 951.15 (2) to (4) and 951.162 (title);
to
2renumber 173.01 to 173.07 and 951.15 (1);
to renumber and amend 951.16,
3951.162, 951.165 (title), (1), (2) and (3) and 951.17;
to amend 20.115 (2) (j),
460.24 (3) (xm), 93.07 (11), chapter 172 (title), 174.01 (2), 174.13 (3), 895.57 (1)
5(a), 943.75 (1) (a), 951.01 (4), 951.03, 951.18 (1) and (4) (a) 2. and (b) and 968.20
6(1) (intro.) and (2);
to repeal and recreate chapter 173 (title) and 951.15 (title);
7and
to create 95.21 (1) (a), 170.065, subchapter I (title) of chapter 172 [precedes
8172.01], 172.012, subchapter II (title) of chapter 172 [precedes 172.51], 173.01
9to 173.27, 757.69 (1) (n) and 951.01 (3e) of the statutes;
relating to: humane
10officers, the custody and disposition of animals, granting rule-making
11authority, making an appropriation and providing a penalty.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB585-ASA2,2,82
20.115
(2) (j)
Dog licenses, rabies control and related services. The amounts in
3the 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
the humane activities under s. 93.07 (11)
and ch. 173. All moneys
7received
by the state treasurer under
s. ss. 173.27 and 174.09 (1) shall be credited
8to this appropriation.
AB585-ASA2, s. 3
10Section
3. 60.24 (3) (xm) of the statutes is amended to read:
AB585-ASA2,2,1211
60.24
(3) (xm) Perform the town chairperson's duties related to animals that
12have caused damage in the town under ch.
173 172.
AB585-ASA2,2,1814
93.07
(11) Humane activities. To cooperate with humane societies and assist
15duly appointed humane officers in the enforcement of the laws relating to humane
16education and the prevention of cruelty to animals
and for this purpose the
17department and its authorized agents when engaged in this work shall have the
18powers of police officers and constables.
AB585-ASA2,2,2020
95.21
(1) (a) "Humane officer" means an officer appointed under s. 173.03.
AB585-ASA2,2,24
22170.065 Exemption. Sections 170.01 to 170.06 do not apply to a humane
23officer appointed under ch. 173 or a law enforcement officer who takes custody of an
24animal under ch. 173 or other applicable law.
AB585-ASA2, s. 7
25Section
7. Chapter 172 (title) of the statutes is amended to read:
AB585-ASA2,3,32
ANIMALS DISTRAINED
3or doing damage
AB585-ASA2, s. 8
4Section
8. Subchapter I (title) of chapter 172 [precedes 172.01] of the statutes
5is created to read:
AB585-ASA2,3,87
Subchapter I
8
animals distrained
AB585-ASA2,3,12
10172.012 Exemption. This chapter does not apply to a humane officer
11appointed under ch. 173 or a law enforcement officer who takes custody of an animal
12under ch. 173 or other applicable law.
AB585-ASA2, s. 10
13Section
10. Subchapter II (title) of chapter 172 [precedes 172.51] of the
14statutes is created to read:
AB585-ASA2,3,1716
subchapter ii
17
animals doing damage
AB585-ASA2, s. 11
18Section
11. Chapter 173 (title) of the statutes is repealed and recreated to
19read:
AB585-ASA2,3,2120
chapter 173
21
Animals; humane officers
AB585-ASA2, s. 12
22Section
12. 173.01 to 173.07 of the statutes are renumbered 172.51 to 172.57.
AB585-ASA2, s. 13
23Section
13. 173.01 to 173.27 of the statutes are created to read:
AB585-ASA2,3,24
24173.01 Definitions. In this chapter:
AB585-ASA2,4,2
1(1) "Department" means the department of agriculture, trade and consumer
2protection.
AB585-ASA2,4,3
3(2) "Law enforcement officer" has the meaning given in s. 165.85 (2) (c).
AB585-ASA2,4,4
4(3) "Political subdivision" means a city, village, town or county.
AB585-ASA2,4,8
5173.03 Appointment of humane officer. (1) Appointment. The governing
6body of any political subdivision may appoint one or more humane officers. The
7governing body of a political subdivision shall report all appointments and
8terminations of appointments of humane officers to the department.
AB585-ASA2,4,13
9(2) Ordinance. Before, or at the time of, appointing a humane officer under sub.
10(1), the governing body making the appointment shall enact an ordinance that
11designates one or more officials of the political subdivision who may modify or
12withdraw abatement orders issued under s. 173.11 by humane officers appointed by
13the political subdivision.
AB585-ASA2,4,19
14(3) Jurisdiction. A humane officer appointed by a city, village or town shall
15carry out his or her duties within the boundaries of the city, village or town. A
16humane officer appointed by a county shall carry out his or her duties throughout the
17county, other than within the boundaries of a city or village whose governing body
18adopts a resolution withdrawing from county enforcement of humane laws and
19transmits a copy of the resolution to the county.
AB585-ASA2,4,24
20173.05 Certification required. (1) (a) Any person appointed as a humane
21officer under s. 173.03 on or after the effective date of this paragraph .... [revisor
22inserts date], shall, before appointment or by the applicable deadline established
23under s. 173.27 (1) (b), complete a course of training approved by the department,
24except as provided in par. (b) or (c), and receive certification under s. 173.27 (3).
AB585-ASA2,5,4
1(b) A person to whom par. (a) applies who is a veterinarian licensed under ch.
2453 is not required to complete a course of training approved by the department if
3he or she takes an examination given by the department and passes the examination
4on the first attempt.
AB585-ASA2,5,85
(c) A person to whom par. (a) applies who is certified or otherwise approved as
6a humane officer by another state is not required to complete a course of training
7approved by the department if he or she takes an examination given by the
8department and passes the examination on the first attempt.
AB585-ASA2,5,12
9(2) (a) A person appointed as a humane officer before the effective date of this
10paragraph .... [revisor inserts date], shall complete a course of training approved by
11the department, except as provided in par. (b), and shall receive certification under
12s. 173.27 (3) by the applicable deadline established under s. 173.27 (1) (b).
AB585-ASA2,5,1513
(b) A person to whom par. (a) applies is not required to complete a course of
14training approved by the department if he or she takes an examination given by the
15department and passes the examination on the first attempt.
AB585-ASA2,5,18
16(3) The governing body of a political subdivision that appoints a humane officer
17who fails to obtain certification within the required time shall terminate the
18appointment.
AB585-ASA2,5,22
19173.07 Powers and duties of humane officers. (1) Enforcement. A
20humane officer shall enforce s. 95.21, this chapter, chs. 174 and 951 and ordinances
21relating to animals enacted by political subdivisions in which the humane officer has
22jurisdiction under s. 173.03 (3).
AB585-ASA2,5,25
23(2) Investigation. A humane officer shall investigate alleged violations of
24statutes and ordinances relating to animals and, in the course of the investigations,
25may execute inspection warrants under s. 66.122.
AB585-ASA2,6,3
1(3) Seek subpoenas. A humane officer may request the district attorney for the
2county to obtain subpoenas to compel testimony and obtain documents in aid of
3investigations.
AB585-ASA2,6,6
4(4) Issue citations. If authorized by the appointing political subdivision, a
5humane officer shall issue citations under s. 66.119 for violations of ordinances
6relating to animals.
AB585-ASA2,6,9
7(4m) Request prosecutions. A humane officer may request law enforcement
8officers and district attorneys to enforce and prosecute violations of state law and
9may cooperate in those prosecutions.