LRB-1422/1
RCT:kjf:rs
2009 - 2010 LEGISLATURE
March 11, 2009 - Introduced by Senator Darling, cosponsored by Representatives
J. Ott, A. Ott, Van Roy, Bies, Spanbauer and Honadel. Referred to Committee
on Agriculture and Higher Education.
SB110,1,3
1An Act to amend 20.115 (2) (j); and
to create 173.35 of the statutes;
relating
2to: regulation of certain dog breeders, granting rule-making authority, making
3an appropriation, and providing a penalty.
Analysis by the Legislative Reference Bureau
This bill requires certain persons who breed and sell dogs (commercial dog
breeders) to be licensed by the Department of Agriculture, Trade and Consumer
Protection (DATCP). The licensing requirement applies to a person who is engaged
in the business of breeding dogs and who sells or offers to sell at least 100 dogs in a
year for resale.
The bill authorizes DATCP to inspect a location for which a commercial dog
breeder license is required before issuing an initial license. The bill also authorizes
DATCP to inspect a location for which a commercial dog breeder license is required
when DATCP has reason to believe that there is a violation of this state's criminal
laws relating to the treatment of animals or of the federal Animal Welfare Act. The
bill requires DATCP to promulgate rules setting fees for commercial dog breeder
licenses. The bill provides civil and criminal penalties for operating without a
required license and authorizes DATCP to suspend or revoke a license if it finds a
violation of this state's criminal laws relating to the treatment of animals or of the
federal Animal Welfare Act.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
For further information see the state 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:
SB110, s. 1
1Section
1. 20.115 (2) (j) of the statutes is amended to read:
SB110,2,72
20.115
(2) (j)
Dog licenses, rabies control, and related services. All moneys
3received under ss. 95.21 (9) (c), 173.27,
173.35, and 174.09 (1) and (3), to provide dog
4license tags and forms under s. 174.07 (2), to perform other program responsibilities
5under ch. 174, to administer the rabies control program under s. 95.21, to help
6administer the rabies control media campaign, and to carry out activities under s.
793.07 (11) and ch. 173.
SB110, s. 2
8Section
2. 173.35 of the statutes is created to read:
SB110,2,11
9173.35 Regulation of commercial dog breeders. (1) In this section,
10"commercial dog breeder" means a person who is engaged in the business of breeding
11dogs and who sells or offers to sell at least 100 dogs for resale in a year.
SB110,2,15
12(2) No person may act as a commercial dog breeder without a license from the
13department. A person shall obtain a license under this subsection for each separate
14location at which the person is engaged in the business of dog breeding. Licenses
15issued under this subsection expire on October 31 of each even-numbered year.
SB110,2,19
16(3) The department shall promulgate rules specifying fees for licenses under
17sub. (2). The department may promulgate rules specifying fees that must be paid
18when an inspection by the department under sub. (4) reveals conditions that require
19correction and reinspection.
SB110,3,4
20(4) The department may inspect a location for which a commercial dog breeder
21is required to obtain a license under sub. (2) before issuing the initial license. In
1addition, the department may inspect a location for which a commercial dog breeder
2is required to obtain a license under sub. (2) when the department has reason to
3believe that there is a violation of ch. 951 or of the federal Animal Welfare Act,
7 USC
42131 to
2159.
SB110,3,8
5(5) If the department determines that a violation of ch. 951 or of the federal
6Animal Welfare Act,
7 USC 2131 to
2159, has occurred at a location for which a
7license is required under sub. (2), the department may suspend or revoke the license
8issued under sub. (2) for that location.
SB110,3,10
9(6) (a) A person who violates sub. (2) may be fined not more than $1,000 or
10imprisoned for not more than 6 months or both.
SB110,3,1411
(b) In lieu of the penalties under par. (a), a person who violates sub. (2) may be
12required to forfeit not less than $200 nor more than $5,000 for the first offense and
13may be required to forfeit not less than $400 nor more than $5,000 for the 2nd or
14subsequent offense.
SB110,3,1716
(1)
This act takes effect on the first day of the 18th month beginning after
17publication.
