AB684: Bill Text

AB684, s. 100 Section 100. 173.11 (5) of the statutes is created to read:

AB684,88,16 173.11 (5) Nonapplicability. This section does not apply to wild animals that are subject to regulation under ch. 22.

AB684, s. 101 Section 101. 173.12 (1) of the statutes, as created by 1997 Wisconsin Act 192, is renumbered 173.12 (1) (a) and amended to read:

AB684,88,21 173.12 (1) (a) Any veterinarian who has reason to believe that an animal has been in a fight in violation of s. 951.08 shall report the matter to the local humane officer or to a local law enforcement agency, except as provided in par. (b).

AB684,88,24 (c) The report under this subsection shall be in writing and shall include a description and the location of the animal, any injuries suffered by the animal and the name and address of the owner or person in charge of the animal, if known.

AB684, s. 102 Section 102. 173.12 (1) (b) of the statutes is created to read:

AB684,89,2 173.12 (1) (b) If the animal is a wild animal subject to regulation under ch. 22, the veterinarian shall report the matter to the department of natural resources.

AB684, s. 103 Section 103. 173.12 (1m) of the statutes, as created by 1997 Wisconsin Act 192, is amended to read:

AB684,89,11 173.12 (1m) If an animal has been seized because it is alleged that the animal has been used in or constitutes evidence of any crime specified in s. 951.08, the animal may not be returned to the owner by an officer under s. 968.20 (2). In any hearing under s. 968.20 (1), the court shall determine if the animal is needed as evidence or there is reason to believe that the animal has participated in or been trained for fighting. If the court makes such a finding, the animal shall be retained in custody.

AB684, s. 104 Section 104. 173.12 (3) (a) of the statutes, as created by 1997 Wisconsin Act 192, is amended to read:

AB684,89,18 173.12 (3) (a) If the owner is convicted under s. 951.08 or is subject to the restrictions under s. 951.08 (2m), the animal shall be delivered to the local humane officer or county or municipal pound if the animal is not subject to regulation under ch. 22. If there is no local humane officer or pound, the animal may be delivered to a local humane society or to another person designated by the court.

AB684,89,21 (ar) If the animal is one year old or older or shows indication of having participated in fighting, the animal shall be disposed of in a proper and humane manner.

AB684, s. 105 Section 105. 173.12 (3) (ag) of the statutes is created to read:

AB684,90,2 173.12 (3) (ag) If the owner is convicted under s. 951.08 or is subject to the restrictions under s. 951.08 (2m), the animal shall be delivered to the department of natural resources or to another person designated by the court if the animal is a wild animal subject to regulation under ch. 22.

AB684, s. 106 Section 106. 173.13 (1) (d) of the statutes is created to read:

AB684,90,5 173.13 (1) (d) This subsection does not apply to wild animals that are subject to regulation under ch. 22.

AB684, s. 107 Section 107. 173.13 (2) (a) (intro.) of the statutes, as created by 1997 Wisconsin Act 192, is amended to read:

AB684,90,11 173.13 (2) (a) (intro.) A humane officer or , law enforcement officer or conservation warden 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:

AB684, s. 108 Section 108. 173.13 (2) (a) 1. of the statutes, as created by 1997 Wisconsin Act 192, is amended to read:

AB684,90,17 173.13 (2) (a) 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 person authorized to accept the animal if not picked up within 7 days.

AB684, s. 109 Section 109. 173.13 (2) (a) 3. of the statutes, as created by 1997 Wisconsin Act 192, is amended to read:

AB684,90,21 173.13 (2) (a) 3. The veterinarian certifies in writing to the humane officer or, law enforcement officer or conservation warden that subds. 1. and 2 apply.

AB684, s. 110 Section 110. 173.13 (2) (a) 4. of the statutes is created to read:

AB684,90,25 173.13 (2) (a) 4. The humane officer, law enforcement officer or conservation warden or the person contracting under s. 173.15 (1) is authorized under s. 22.42 or this section to accept the animal.

AB684, s. 111 Section 111. 173.13 (2) (b) of the statutes, as created by 1997 Wisconsin Act 192, is amended to read:

AB684,91,6 173.13 (2) (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, or health or the licensure of the animal or of the owner under ch. 22.

AB684, s. 112 Section 112. 173.13 (3) (a) of the statutes, as created by 1997 Wisconsin Act 192, is amended to read:

AB684,91,13 173.13 (3) (a) If a humane officer or , law enforcement officer or conservation warden takes custody of an animal with the knowledge of the owner, the humane officer or, law enforcement officer or conservation warden 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.

AB684, s. 113 Section 113. 173.13 (3) (b) of the statutes, as created by 1997 Wisconsin Act 192, is amended to read:

AB684,91,24 173.13 (3) (b) If a humane officer or , law enforcement officer or conservation warden takes custody of an animal without the knowledge of the owner, the humane officer or, law enforcement officer or conservation warden 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. The notice shall also inform the owner that the owner must notify any person with a lien on the animal that the animal has been taken into custody.

AB684, s. 114 Section 114. 173.13 (3) (c) of the statutes, as created by 1997 Wisconsin Act 192, is amended to read:

AB684,92,5 173.13 (3) (c) If the owner informs the humane officer or, law enforcement officer or conservation warden in writing that he or she will not claim the animal, it may be treated as an unclaimed animal under s. 173.23 (1m).

AB684, s. 115 Section 115. 173.15 (1) of the statutes, as created by 1997 Wisconsin Act 192, is amended to read:

AB684,92,21 173.15 (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 under s. 173.13. The department of natural resources may provide for the care, treatment or disposal of wild animals subject to regulation under ch. 22 that are taken into custody under s. 22.42. A political subdivision or the department of natural resources may provide these services directly or by contracting with any other person. A political subdivision or the department of natural resources may establish standard fees for the care, custody and treatment of animals in its custody. The political subdivision or the department of natural resources may establish different fees for animals released to their owners and animals released to persons other than their owners. If the political subdivision or the department of natural resources 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.

AB684, s. 116 Section 116. 173.15 (2) (intro.) of the statutes, as created by 1997 Wisconsin Act 192, is amended to read:

AB684,93,3 173.15 (2) Contract for services. (intro.) Every person entering into a contract with a political subdivision or the department of natural resources under sub. (1) shall agree to do all of the following:

AB684, s. 117 Section 117. 173.17 (intro.) of the statutes, as created by 1997 Wisconsin Act 192, is amended to read:

AB684,93,11 173.17 Records. (intro.) A humane officer or law enforcement officer taking custody of an animal on behalf of a political subdivision under s. 173.13 or a conservation warden taking custody of an animal under s. 22.42 shall maintain, or require any person to whom the animal is delivered under a contract under s. 173.15 (1) to maintain, as appropriate, records for each animal containing the following information:

AB684, s. 118 Section 118. 173.19 of the statutes, as created by 1997 Wisconsin Act 192, is amended to read:

AB684,93,21 173.19 Animals considered unclaimed. A political subdivision or person contracting under s. 173.15 (1) custodial entity may treat any animal taken into custody under s. 22.42 (1) (a), (c), (h) or (j) or 173.13 (1) (a) 1., 3., 4. or 9. as an unclaimed animal subject to s. 173.23 (1m) if, within 7 days after custody is taken of the animal, it is not claimed by and returned to its owner under s. 173.23 (1), except that an animal taken into custody under s. 22.42 (1) (c) or 173.13 (1) (a) 3. or 4. may not be treated as unclaimed if its owner files a petition under s. 173.22 (1) within 7 days after custody is taken.

AB684, s. 119 Section 119. 173.21 (1) (intro.) of the statutes, as created by 1997 Wisconsin Act 192, is amended to read:

AB684,94,3 173.21 (1) Grounds. (intro.) A political subdivision or the department of natural resources may withhold, or direct a person contracting with the political subdivision or the department of natural resources under s. 173.15 (1) to withhold, an animal in custody from an owner who makes an otherwise adequate claim for the animal under s. 173.23 (1) on any of the following grounds:

AB684, s. 120 Section 120. 173.21 (1) (a) of the statutes, as created by 1997 Wisconsin Act 192, is amended to read:

AB684,94,8 173.21 (1) (a) There are reasonable grounds to believe that the owner has mistreated the animal in violation of ch. 951 or in violation of ch. 22 if the animal is a wild animal subject to regulation under ch. 22.

AB684, s. 121 Section 121. 173.21 (4) of the statutes, as created by 1997 Wisconsin Act 192, is amended to read:

AB684,94,15 173.21 (4) Return. A political subdivision or person contracting under s. 173.15 (1) custodial entity having custody of an animal withheld under sub. (1) shall release the animal to the owner at the direction of the humane officer or, law enforcement officer that or conservation warden who took custody of the animal if the requirements of s. 173.23 (1) (a) to (c) are satisfied.

AB684, s. 122 Section 122. 173.22 (1) of the statutes, as created by 1997 Wisconsin Act 192, is amended to read:

AB684,94,22 173.22 (1) Petition. A person claiming that an animal that he or she owns was improperly taken into custody under s. 22.42 (1) (c), (d), (e), (g), (i), (j), (k) or (L) or 173.13 (1) (a) 3., 4., 5., 6. or 8. or is wrongfully withheld under s. 173.21 (1) may seek return of the animal by petitioning for an order from the circuit court for the county in which the animal was taken into custody or in which it is held.

AB684, s. 123 Section 123. 173.22 (2) of the statutes, as created by 1997 Wisconsin Act 192, is amended to read:

AB684,95,5 173.22 (2) Notice and hearing. The court shall provide notice of a petition under sub. (1) to the humane officer or, law enforcement officer or conservation warden who took the animal into custody or to the political subdivision governmental unit that withheld the animal and shall hold a hearing on the issue of whether the animal was improperly taken into custody or is wrongfully withheld.

AB684, s. 124 Section 124. 173.22 (3) (a) (intro.) of the statutes, as created by 1997 Wisconsin Act 192, is amended to read:

AB684,95,11 173.22 (3) (a) (intro.) If the animal was taken into custody under s. 22.42 (1) (g) or 173.13 (1) (a) 8. or is withheld under s. 173.21 (1), the court shall order the animal returned to the owner unless it determines that one of the following conditions is satisfied:

AB684, s. 125 Section 125. 173.22 (3) (a) 1. of the statutes, as created by 1997 Wisconsin Act 192, is amended to read:

AB684,95,15 173.22 (3) (a) 1. There are reasonable grounds to believe that the owner has mistreated the animal in violation of ch. 22 or 951.

AB684, s. 126 Section 126. 173.22 (3) (cm) of the statutes is created to read:

AB684,95,20 173.22 (3) (cm) If the animal was taken into custody under s. 22.42 (1) (c), the court shall order the animal returned to its owner if the court determines that the the owner of the animal has not violated ch. 22 or any ordinance enacted under s. 22.43.

AB684, s. 127 Section 127. 173.22 (3) (d) of the statutes, as created by 1997 Wisconsin Act 192, is amended to read:

AB684,96,2 173.22 (3) (d) If the animal was taken into custody under s. 22.42 (1) (d) or 173.13 (1) (a) 5., the court shall order the animal returned to its owner if the court determines that the animal was not subject to a quarantine order or was confined as required by a quarantine order.

AB684, s. 128 Section 128. 173.22 (3) (e) of the statutes, as created by 1997 Wisconsin Act 192, is amended to read:

AB684,96,7 173.22 (3) (e) If the animal was taken into custody under s. 22.42 (1) (e) or 173.13 (1) (a) 6., the court shall order the animal returned to its owner if the court determines that the animal did not cause damage to persons or property.

AB684, s. 129 Section 129. 173.22 (3) (f) of the statutes is created to read:

AB684,96,11 173.22 (3) (f) If the animal was taken into custody under s. 22.42 (1) (i), the court shall order the animal returned to its owner if the court determines that the animal has not been exposed to, or has not been infected with, any of the following:

AB684,96,13 1. A contagious or infectious disease, as defined in the rules promulgated by the department under s. 95.001 (2).

AB684,96,15 2. A reportable disease as designated by the department of natural resources under s. 22.44 (2).

AB684,96,17 3. A disease or parasite that has pathological significance to humans or any type of animal.

AB684, s. 130 Section 130. 173.22 (3) (g) of the statutes is created to read:

AB684,96,21 173.22 (3) (g) If the animal was taken into custody under s. 22.42 (1) (k), the court shall order the animal returned to its owner if the court determines that the animal has not been held or housed in violation of s. 22.39.

AB684, s. 131 Section 131. 173.22 (3) (h) of the statutes is created to read:

AB684,96,25 173.22 (3) (h) If the animal was taken into custody under s. 22.42 (1) (L), the court shall order the animal returned to its owner if the court determines that the owner is not in violation of s. 22.38.

AB684, s. 132 Section 132. 173.23 (1) (intro.) of the statutes, as created by 1997 Wisconsin Act 192, is amended to read:

AB684,97,6 173.23 (1) Claim and return. (intro.) Except as provided in sub. (4) or s. 173.21 (1), a political subdivision or person contracting under s. 173.15 (1) custodial entity shall return an animal described in s. 22.42 (1) (a), (c), (e), (g), (h), (j) or (k) or 173.13 (1) (a) 1., 3., 4., 6., 8. or 9. to its owner upon the happening of all of the following:

AB684, s. 133 Section 133. 173.23 (1) (b) of the statutes, as created by 1997 Wisconsin Act 192, is amended to read:

AB684,97,10 173.23 (1) (b) If licensure of the animal is required by statute or ordinance, the animal is licensed or assurance of licensure by prepayment is given.

AB684, s. 134 Section 134. 173.23 (1) (bn) of the statutes is created to read:

AB684,97,14 173.23 (1) (bn) If licensure of the owner of a wild animal that is subject to regulation under ch. 22 is required under ch. 22, the owner is licensed or assurance of licensure by prepayment is given.

AB684, s. 135 Section 135. 173.23 (1m) (intro.) of the statutes, as created by 1997 Wisconsin Act 192, is amended to read:

AB684,97,20 173.23 (1m) Unclaimed animals. (intro.) A political subdivision or a person contracting under s. 173.15 (1) custodial entity that has custody of an animal considered unclaimed under sub. (5) (c) or (6) or s. 173.13 (3) (c) or 173.19 or an unwanted animal may do any of the following:

AB684, s. 136 Section 136. 173.23 (1m) (a) 2. of the statutes, as created by 1997 Wisconsin Act 192, is amended to read:

AB684,97,24 173.23 (1m) (a) 2. If licensure of the animal is required by statute or ordinance, the animal is licensed or assurance of licensure is given by evidence of prepayment.

AB684, s. 137 Section 137. 173.23 (1m) (a) 2m. of the statutes, as created by 1997 Wisconsin Act 192, is created to read:

AB684,98,5 173.23 (1m) (a) 2m. If licensure of the owner of a wild animal that is subject to regulation under ch. 22 is required under ch. 22, the owner is licensed or assurance of licensure by prepayment is given.

AB684, s. 138 Section 138. 173.23 (1m) (a) 4. of the statutes, as created by 1997 Wisconsin Act 192, is amended to read:

AB684,98,10 173.23 (1m) (a) 4. Any charges imposed by the political subdivision or person contracting under s. 173.15 (1) custodial entity for custody, care, vaccination and treatment are paid or waived.

AB684, s. 139 Section 139. 173.23 (2) of the statutes, as created by 1997 Wisconsin Act 192, is amended to read:

AB684,98,17 173.23 (2) Animals not returned to owner. If an animal in the custody of a political subdivision or the department of natural resources, other than an animal to which sub. (1m) applies, is not returned to the owner under sub. (1) or (5) (b) or s. 173.12 (2), 173.21 (4) or 173.22 or disposed of under sub. (4) or (5) (a) or s. 173.12 (3), it shall be disposed of under a court order under sub. (3) or s. 951.18 (4).

AB684, s. 140 Section 140. 173.23 (3) (a) (intro.) of the statutes, as created by 1997 Wisconsin Act 192, is amended to read:

AB684,98,25 173.23 (3) (a) (intro.) A political subdivision or the department of natural resources may petition the circuit court for an order doing any of the following with respect to an animal taken into custody by a law enforcement officer or a humane officer or on behalf of the political subdivision under s. 173.13 or the department of natural resources under s. 22.42 or with respect to an animal withheld under s. 173.21 (1):

AB684, s. 141 Section 141. 173.23 (3) (c) of the statutes, as created by 1997 Wisconsin Act 192, is amended to read:

AB684,99,5 173.23 (3) (c) The political subdivision or the department of natural resources shall serve a copy of the petition, in the manner provided in s. 801.11, upon the owner of the animal, if known.