Amendment SSA1-SB208

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2009 - 2010 LEGISLATURE

SENATE SUBSTITUTE AMENDMENT 1, TO 2009 SENATE BILL 208

September 23, 2009 - Offered by Senator Kreitlow.

SB208-SSA1,1,4 An Act to amend 20.115 (2) (j) and 93.21 (5) (a); and to create 173.41 and 778.25 (1) (a) 8. of the statutes; relating to: regulation of persons who sell dogs or operate animal shelters or animal control facilities, granting rule-making authority, 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, s. 1 Section 1. 20.115 (2) (j) of the statutes is amended to read:

SB208-SSA1,3,7 20.115 (2) (j) Dog licenses, rabies control, and related services. All moneys received under ss. 95.21 (9) (c), 173.27, 173.41, and 174.09 (1) and (3), 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 activities under s. 93.07 (11) and ch. 173.

SB208-SSA1, s. 2 Section 2. 93.21 (5) (a) of the statutes is amended to read:

SB208-SSA1,3,11 93.21 (5) (a) In this subsection, "license" means a permit, certificate, registration, or license issued by the department under chs. 91 to 100 or ch., 126, or 173.

SB208-SSA1, s. 3 Section 3. 173.41 of the statutes is created to read:

SB208-SSA1,3,14 173.41 Regulation of persons who sell dogs or operate animal shelters. (1) Definitions. In this section:

SB208-SSA1,3,16 (a) "Animal control facility" means a facility for the care of animals operated under a contract with a political subdivision under s. 173.15 (1).

SB208-SSA1,4,2 (b) "Animal shelter" means a facility that is operated for the purpose of providing for and promoting the welfare, protection, and humane treatment of animals, that is used to shelter at least 25 dogs in a year, and that is operated by a humane society, animal welfare society, animal rescue group, or other nonprofit group.

SB208-SSA1,4,6 (c) "Dog breeder" means a person who sells 25 or more dogs in a year that the person has bred and raised, except that "dog breeder" does not include a person who sells 25 or more dogs in a year that the person has bred and raised if all of those dogs are from no more than 3 litters.

SB208-SSA1,4,11 (d) "Dog breeding facility" means a place at which dogs are bred and raised and from which 25 or more dogs are sold in a year, except that "dog breeding facility" does not include a place at which dogs are bred and raised and from which 25 or more dogs are sold in a year if all of the dogs that are sold in a year are from no more than 3 litters.

SB208-SSA1,4,15 (e) "Dog dealer" means a person, other than an out-of-state dog dealer, who sells, distributes, or trades, or offers for sale, distribution, or trade, 25 or more dogs in a year that the person has not bred and raised or who operates an auction at which 50 or more dogs are sold or offered for sale in a year.

SB208-SSA1,4,18 (em) "Dog trial" means an organized competitive field event involving sporting dog breeds that is sanctioned, licensed, or recognized by a local, state, regional, or national dog organization.

SB208-SSA1,4,20 (f) "Out-of-state dog dealer" means a person who is not a resident of this state who brings 25 or more dogs into this state for sale in this state in a year.

SB208-SSA1,4,24 (g) "Temporary dog market" means a place at which persons sell dogs, and may sell other items, from booths or other spaces that are rented from or provided at no cost by the person operating the place, except that "temporary dog market" does not include a dog trial.

SB208-SSA1,4,25 (h) "Transfer" means to grant physical possession to another.

SB208-SSA1,5,4 (2) License Required. (a) Except as provided in par. (e), (f), or (g), beginning on the first day of the 18th month beginning after the effective date of this paragraph .... [LRB inserts date], no person may do any of the following without an annual license from the department:

SB208-SSA1,5,5 1. Operate an animal shelter.

SB208-SSA1,5,6 2. Operate an animal control facility.

SB208-SSA1,5,7 3. Operate as a dog breeder.

SB208-SSA1,5,8 4. Operate a dog breeding facility.

SB208-SSA1,5,9 5. Operate as a dog dealer.

SB208-SSA1,5,10 6. Operate as an out-of-state dog dealer.

SB208-SSA1,5,15 (b) A person operating as an out-of-state dog dealer shall obtain one license under this subsection. Any other person required to obtain a license under this subsection shall obtain one license for each premises at which the person operates an animal shelter, animal control facility, or dog breeding facility or operates as a dog breeder or dog dealer.

SB208-SSA1,5,19 (c) A person shall apply for a license under par. (a) on a form provided by the department and shall provide information reasonably required by the department. An applicant shall submit the applicable fees required under sub. (3) with the application.

SB208-SSA1,5,22 (d) The department shall grant or deny an application for an initial license within 30 days after the application is complete and the applicable fees have been submitted.

SB208-SSA1,5,25 (e) A veterinarian licensed under ch. 453 practicing in the normal course of veterinary business within the scope of the license is not required to obtain a license under this subsection.

SB208-SSA1,6,3 (f) An individual providing foster care to a dog in the individual's home at the request of a person operating an animal shelter that is licensed under this subsection is not required to obtain a license under this subsection.

SB208-SSA1,6,5 (g) An individual is not required to obtain a license for the purpose of conducting a one-time kennel liquidation, if all of the following apply:

SB208-SSA1,6,7 1. The individual sells no more than 30 dogs and makes all of the dogs initially available for sale at the same time.

SB208-SSA1,6,8 2. The individual sells only dogs that he or she owns.

SB208-SSA1,6,10 3. The individual does not intend to engage in activities for which a license is required under this subsection in the next year.

SB208-SSA1,6,12 4. The individual was not licensed under this subsection during the previous year.

SB208-SSA1,6,14 5. The individual notifies the department at least 30 days before offering the dogs for sale.

SB208-SSA1,6,16 (h) A person licensed under par. (a) 1. to 5. shall post a copy of the license in a location visible to any person coming onto the licensed premises.

SB208-SSA1,6,18 (3) License Fees. (a) Except as provided under par. (b) or (c), the annual fee for a license under sub. (2) is as follows: