LRB-1343/1
JAM:cdc
2023 - 2024 LEGISLATURE
January 16, 2024 - Introduced by Representatives Pronschinske, Dallman,
Armstrong, Behnke, O'Connor, Schmidt and Wichgers, cosponsored by
Senator Quinn. Referred to Committee on Local Government.
AB957,1,2
1An Act to create 173.90 of the statutes;
relating to: preemption of certain local
2animal ordinances.
Analysis by the Legislative Reference Bureau
Current law specifies animal welfare standards for persons responsible for
confining animals, including requirements to provide such animals with sufficient
food and water and standards for providing proper shelter. Current law also
identifies and prohibits a number of crimes against animals and requires rabies
vaccinations and local dog licenses and tags for dogs. Under current law, a city,
village, town, or county (political subdivision) may appoint humane officers who may,
in addition to law enforcement officers, investigate and enforce these state laws as
well as local ordinances relating to animals.
This bill prohibits political subdivisions from adopting certain regulations for
animal facilities in areas that are zoned exclusively or primarily for agricultural use,
unless the activity being regulated presents a substantial threat to public health or
safety. Specifically, the bill prohibits political subdivisions from establishing animal
welfare standards that are more stringent than those contained in state law or from
requiring or prohibiting animal medications or vaccinations that are not otherwise
required or prohibited under state law. The bill also prohibits political subdivisions
from regulating the use to which an animal will be put, either on a farm or facility
or after it leaves the farm or facility. In addition, under the bill, political subdivisions
may not regulate the species of animals that are allowed to be raised within an area
that is zoned exclusively or primarily for agricultural use. Under the bill, a political
subdivision may not enforce any existing regulations that conflict with the
provisions of the bill, unless the activity being regulated presents a substantial
threat to public health or safety.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB957,1
1Section
1. 173.90 of the statutes is created to read:
AB957,2,3
2173.90 Preemption of local animal regulations. (1) Definitions. In this
3section:
AB957,2,44
(a) “Animal” has the meaning given in s. 951.01 (1).
AB957,2,65
(b) “Animal facility” means a farm or other commercial operation that raises
6or confines animals as a commercial enterprise.
AB957,2,11
7(2) Prohibitions. A political subdivision may not, by ordinance, resolution,
8order, or otherwise, do any of the following to regulate an animal facility in an area
9that is zoned exclusively or primarily for agricultural use, unless the activity affected
10by the ordinance, resolution, or order presents a substantial threat to public health
11or safety or unless otherwise specifically authorized:
AB957,2,1412
(a)
Animal welfare standards. Establish animal welfare standards that are
13more stringent that those in ss. 951.13 and 951.14 or in any rules promulgated by
14the department.
AB957,2,1715
(b)
Medications and vaccinations. Require or prohibit any medications or
16vaccinations that are not required or prohibited under ch. 95 or under any rules
17promulgated by the department.
AB957,2,2118
(c)
Use of animals. Limit the use to which an animal may be put while in an
19animal facility or after it leaves an animal facility, except as otherwise provided in
20this chapter, s. 944.18, chs. 174 and 951, and any rules promulgated by the
21department.
AB957,3,2
1(d)
Species of animals. Limit the species of animals that may be raised or kept
2in an area zoned exclusively or primarily for agricultural use.
AB957,3,7
3(3) Existing regulations. If a political subdivision has in effect on the effective
4date of this subsection .... [LRB inserts date], an ordinance, resolution, or order that
5conflicts with sub. (2), the ordinance, resolution, or order does not apply and may not
6be enforced, unless the activity affected by the ordinance, resolution, or order
7presents a substantial threat to public health or safety.
AB957,3,10
8(4) Construction. Nothing in this section shall be construed as limiting a
9political subdivision's authority to enforce the provisions of this chapter, s. 59.69, or
10ch. 174 or any provisions under state law relating to animal feeding operations.
AB957,2
11Section
2.
Effective date.
AB957,3,1212
(1)
This act takes effect on the 90th day after publication.
