The bill specifies the powers and duties of a humane officer. A humane officer
is required to enforce the statutes concerning rabies control, dogs and crimes against
animals, the laws concerning taking animals into custody and the disposition of
animals taken into custody created in this bill and ordinances relating to animals.
The bill requires a humane officer to investigate violations of statutes and
ordinances relating to animals. The bill prohibits a humane officer who is not also
a law enforcement officer from taking certain actions, including arresting persons
and removing an animal from the custody of another person by force.
Under this bill, a humane officer or law enforcement officer who has reasonable
grounds to believe that a violation of a statute or ordinance is occurring to the injury
of an animal may issue an abatement order. The order must prohibit further
violations and describe the measures necessary to correct the alleged violation. If a
person violates one of 13 specified statutes concerning animals within 3 years after
receiving an abatement order prohibiting the violation of that statute, the person is
subject to a Class A forfeiture (a forfeiture not to exceed $10,000) rather than a Class
C forfeiture (a forfeiture not to exceed $500).
Current law authorizes a county to provide a pound for stray or unwanted dogs.
The county may designate a humane society or other organization to provide the
pound.
This bill authorizes a political subdivision to 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.
Current law requires law enforcement officers, humane officers and certain
others to attempt to take custody of any dog that is untagged or is running at large.
Current law authorizes a humane officer or law enforcement officer to take into
custody, shelter and care for any animal found to be treated in a cruel manner.
This bill authorizes a humane officer or law enforcement officer, on behalf of a
political subdivision, to 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:
1. An abandoned or stray animal.
2. An unwanted animal.
3. An untagged dog.
4. An animal not licensed as required by ordinance.
5. An animal not confined as required by a quarantine order relating to animal
disease.
6. An animal that has caused damage to persons or property.
7. A participant in an animal fight.

8. An animal mistreated in violation of law.
9. An animal that was not picked up from a veterinarian after the veterinarian
provided notice to the owner that the animal was ready to be picked up.
A humane officer or law enforcement officer must attempt to notify the owner
of an animal taken into custody of the procedure by which the owner can recover the
animal and the procedure to be followed if the animal is not returned to the owner.
Under current law, a dog that is impounded may be released to its owner only
if the owner gives his or her name and address, presents evidence that the dog is
licensed and provides for rabies vaccination and pays boarding fees. If the dog is not
released to its owner within 7 days after impoundment, the dog may be released to
a person other than the dog's owner if the person gives his or her name and address,
agrees to have the dog licensed and vaccinated against rabies and pays any required
boarding fee. If the dog is not released to a person other than its owner, the dog may
be authorized or released to the University of Wisconsin or the Medical College of
Wisconsin for scientific or educational purposes.
Under this bill, generally, an animal taken into custody must be returned to its
owner if the owner provides reasonable evidence of ownership, provides for any
required licensure and vaccination of the animal and pays the costs of custody, care
and treatment of the animal. A political subdivision may withhold an animal from
its owner if there are reasonable grounds to believe that the owner has mistreated
the animal in violation of law; there are reasonable grounds to believe that the
animal poses a significant threat to public health, safety or welfare; the animal may
be used in a pending prosecution; or a court has ordered the animal withheld for any
reason.
If the owner of an abandoned or stray animal, untagged dog, unlicensed animal
or animal that was not picked up from a veterinarian does not claim the animal
within 7 days after custody is taken, the animal is considered unclaimed. A political
subdivision, or person contracting with the political subdivision, may release an
unclaimed or unwanted animal to a person other than the owner if the person
provides for any required licensure and vaccination of the animal and pays any
charges that the custodian imposes. The political subdivision or contractor may also
dispose of an unclaimed or unwanted animal by selling it at public auction,
euthanizing it, or, if the animal is a stray or abandoned dog, releasing it for scientific
or educational purposes as under current law.
A political subdivision with custody of an animal that was not confined as
required by a quarantine order must generally confine the animal for the duration
of the quarantine order. The animal is released to the owner at the end of the
quarantine if the owner pays the costs of its custody and care, except that the entity
issuing the quarantine order may require the animal to be euthanized if it is
diseased.
Under current law, if a humane officer or law enforcement officer determines
that an animal taken into custody because it has been treated in a cruel manner is
hopelessly injured or diseased so as to be beyond the probability of recovery, the
officer may euthanize the animal.

Under this bill, a political subdivision, or a person contracting with a political
subdivision to provide custody and care for animals, may euthanize any animal in
custody if the animal is hopelessly injured beyond any reasonable chance of recovery,
the animal poses an imminent threat to public health or safety or the animal poses
an imminent threat to the health or safety of itself or its custodian.
This bill authorizes a political subdivision to petition the circuit court for an
order requiring the owner of an animal in custody to pay for the custody, care or
treatment of the animal; requiring the owner of an animal to post bond for the costs
of custody, care or treatment of an animal pending the outcome of any other
proceeding; or authorizing the sale, destruction or other disposal of the animal.
For further information see the state and local 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:
AB1043, s. 1 1Section 1. 20.115 (2) (j) of the statutes is amended to read:
AB1043,4,82 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.
AB1043, s. 2 9Section 2. 58.07 of the statutes is repealed.
AB1043, s. 3 10Section 3. 60.24 (3) (xm) of the statutes is amended to read:
AB1043,4,1211 60.24 (3) (xm) Perform the town chairperson's duties related to animals that
12have caused damage in the town under ch. 173 172.
AB1043, s. 4 13Section 4. 93.07 (11) of the statutes is amended to read:
AB1043,5,314 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

1education and the prevention of cruelty to animals and for this purpose the
2department and its authorized agents when engaged in this work shall have the
3powers of police officers and constables
.
AB1043, s. 5 4Section 5. 95.21 (1) (a) of the statutes is created to read:
AB1043,5,55 95.21 (1) (a) "Humane officer" means an officer appointed under s. 173.03.
AB1043, s. 6 6Section 6. 170.065 of the statutes is created to read:
AB1043,5,9 7170.065 Exemption. Sections 170.01 to 170.06 do not apply to a humane
8officer appointed under ch. 173 or a law enforcement officer who takes custody of an
9animal under ch. 173 or other applicable law.
AB1043, s. 7 10Section 7. Chapter 172 (title) of the statutes is amended to read:
AB1043,5,1111 CHAPTER 172
AB1043,5,1312 ANIMALS DISTRAINED
13or doing damage
AB1043, s. 8 14Section 8. Subchapter I (title) of chapter 172 [precedes 172.01] of the statutes
15is created to read:
AB1043,5,1616 chapter 172
AB1043,5,1817 Subchapter I
18 animals distrained
AB1043, s. 9 19Section 9. 172.012 of the statutes is created to read:
AB1043,5,22 20172.012 Exemption. This chapter does not apply to a humane officer
21appointed under ch. 173 or a law enforcement officer who takes custody of an animal
22under ch. 173 or other applicable law.
AB1043, s. 10 23Section 10. Subchapter II (title) of chapter 172 [precedes 172.51] of the
24statutes is created to read:
AB1043,5,2525 chapter 172
AB1043,6,2
1subchapter ii
2 animals doing damage
AB1043, s. 11 3Section 11. Chapter 173 (title) of the statutes is repealed and recreated to
4read:
AB1043,6,65 chapter 173
6 Animals; humane officers
AB1043, s. 12 7Section 12. 173.01, 173.02, 173.03, 173.04, 173.05, 173.06 and 173.07 of the
8statutes are renumbered 172.51, 172.52, 172.53, 172.54, 172.55, 172.56 and 172.57.
AB1043, s. 13 9Section 13. Chapter 173 of the statutes is created to read:
AB1043,6,10 10173.01 Definitions. In this chapter:
AB1043,6,12 11(1) "Department" means the department of agriculture, trade and consumer
12protection.
AB1043,6,13 13(2) "Law enforcement officer" has the meaning given in s. 165.85 (2) (c).
AB1043,6,14 14(3) "Political subdivision" means a city, village, town or county.
AB1043,6,18 15173.03 Appointment of humane officer. (1) Appointment. The governing
16body of any political subdivision may appoint one or more humane officers. The
17governing body of a political subdivision shall report all appointments and
18terminations of appointments of humane officers to the department.
AB1043,6,23 19(2) Ordinance. Before, or at the time of, appointing a humane officer under sub.
20(1), the governing body making the appointment shall enact an ordinance that
21designates one or more officials of the political subdivision who may modify or
22withdraw abatement orders issued under s. 173.11 by humane officers appointed by
23the political subdivision.
AB1043,7,4 24(3) Jurisdiction. A humane officer appointed by a city, village or town shall
25carry out his or her duties within the boundaries of the city, village or town. A

1humane officer appointed by a county shall carry out his or her duties throughout the
2county, other than within the boundaries of a city or village whose governing body
3adopts a resolution withdrawing from county enforcement of humane laws and
4transmits a copy of the resolution to the county.
AB1043,7,9 5173.05 Certification required. (1) Any person appointed as a humane
6officer under s. 173.03 on or after the first day of the 13th month beginning after the
7effective date of this subsection .... [revisor inserts date], shall, before appointment
8or no more than 12 months following appointment, complete a course of training
9approved by the department and receive certification under s. 173.27 (3).
AB1043,7,16 10(2) (a) A person appointed as a humane officer before the first day of the 13th
11month beginning after the effective date of this paragraph .... [revisor inserts date],
12shall complete a course of training approved by the department, except as provided
13in par. (b), and shall receive certification under s. 173.27 (3) no more than 12 months
14after the first day of the 13th month beginning after the effective date of this
15paragraph .... [revisor inserts date], or no more than 12 months following
16appointment, whichever is later.
AB1043,7,1917 (b) A person to whom par. (a) applies is not required to complete a course of
18training approved by the department if he or she takes an examination given by the
19department and passes the examination on the first attempt.
AB1043,7,22 20(3) The governing body of a political subdivision that appoints a humane officer
21who fails to obtain certification within the required time shall terminate the
22appointment.
AB1043,8,2 23173.07 Powers and duties of humane officers. (1) Enforcement. A
24humane officer shall enforce s. 95.21, this chapter, chs. 174 and 951 and ordinances

1relating to animals enacted by political subdivisions in which the humane officer has
2jurisdiction under s. 173.03 (3).
AB1043,8,5 3(2) Investigation. A humane officer shall investigate alleged violations of
4statutes and ordinances relating to animals and, in the course of the investigations,
5may execute inspection warrants under s. 66.123.
AB1043,8,8 6(3) Seek subpoenas. A humane officer may request the district attorney for the
7county to obtain subpoenas to compel testimony and obtain documents in aid of
8investigations.
AB1043,8,11 9(4) Issue citations. If authorized by the appointing political subdivision, a
10humane officer shall issue citations under s. 66.119 for violations of ordinances
11relating to animals.
AB1043,8,14 12(4m) Request prosecutions. A humane officer may request law enforcement
13officers and district attorneys to enforce and prosecute violations of state law and
14may cooperate in those prosecutions.
AB1043,8,16 15(5) Prohibited actions. Unless also a law enforcement officer, a humane officer
16may not in the course of his or her duties do any of the following:
AB1043,8,1717 (a) Execute a search warrant.
AB1043,8,1818 (b) Carry firearms.
AB1043,8,1919 (c) Stop or arrest persons.
AB1043,8,2120 (d) Stop, search or detain vehicles, except under an inspection warrant under
21s. 66.123.
AB1043,8,2522 (e) Enter any place or vehicle by force or without the consent of the owner,
23except in an emergency occasioned by fire or other circumstance in which that entry
24is reasonable and is necessary to save an animal from imminent death or a person
25from imminent death or injury.
AB1043,9,1
1(f) Remove any animal from the custody of another person by force.
AB1043,9,6 2(6) Conflict of interest prohibited. No humane officer may take into custody,
3sell or dispose of any animal that came into the humane officer's custody in the course
4of his or her duties in order to obtain a private benefit for the humane officer, a
5member of the humane officer's family or an organization with which the humane
6officer is affiliated.
AB1043,9,13 7173.09 Investigations. In the course of investigation of suspected violations
8of statutes or ordinances, a humane officer may enter any building, vehicle or place
9where animals may be present for the purpose of inspection, examination of animals
10or the gathering of evidence. If the building, vehicle or place to be entered is not
11public, and consent of the owner or person in charge is not obtained, entry shall be
12under authority of a special inspection warrant issued under s. 66.123 or a search
13warrant.
AB1043,9,20 14173.11 Abatement of violations. (1) Issuance of order. If a humane officer
15or law enforcement officer after investigation has reasonable grounds to believe that
16a violation of a statute or ordinance is occurring to the detriment or injury of any
17animal, the humane officer or law enforcement officer may issue and serve an order
18of abatement directed to named persons. An official designated in an ordinance
19under s. 173.03 (2) may not participate in the decision to issue the order or in any
20activity leading to that decision.
AB1043,9,22 21(1m) Content of order. An abatement order issued under sub. (1) shall
22contain all of the following:
AB1043,9,2323 (a) The name and address of the person to whom directed.
AB1043,9,2424 (b) The statute or ordinance alleged to be violated.
AB1043,9,2525 (c) A prohibition on further violations.
AB1043,10,1
1(d) A description of measures necessary to correct the alleged violation.
AB1043,10,22 (e) A description of the hearing and appeal provisions under subs. (2) and (4).
AB1043,10,7 3(2) Hearing. Any person named in an abatement order issued under sub. (1)
4may, within the 10-day period following service of the order, request a hearing before
5an official designated in an ordinance under s. 173.03 (2). The hearing shall be held
6within 10 days after the request is made, unless the requester agrees to a later date.
7The hearing shall be informal in nature.
AB1043,10,10 8(3) Decision. Within 10 days after a hearing under sub. (2), the official who
9conducts the hearing shall affirm the order, modify and affirm the order or withdraw
10the order.
AB1043,10,13 11(4) Appeal. Any person adversely affected by a decision under sub. (3) may seek
12judicial review by commencing an action in circuit court within 30 days after the day
13that the decision is issued.
AB1043,10,18 14173.13 Taking custody of animals. (1) Intake. (a) A humane officer, on
15behalf of a political subdivision in which the humane officer has jurisdiction under
16s. 173.01 (3), or a law enforcement officer, on behalf of a political subdivision, may
17take custody of an animal if the humane officer or law enforcement officer has
18reasonable grounds to believe that the animal is one of the following:
AB1043,10,1919 1. An abandoned or stray animal.
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