LRB-3040/2

CMH:skw

2019 - 2020 LEGISLATURE

2019 Senate BILL 675

January 9, 2020 - Introduced by Senators Smith, Hansen, Carpenter, Risser and Larson, cosponsored by Representatives L. Myers, Steffen, Sinicki, Subeck, Emerson, Anderson, Vruwink, C. Taylor, Zamarripa, Bowen, Stuck and Stubbs. Referred to Committee on Agriculture, Revenue and Financial Institutions.

SB675,1,4 An Act to repeal 951.14 (2) (b) 1. (title) and 951.14 (2) (b) 2.; to renumber 951.14 (2) (b) 1.; to amend 951.14 (intro.), 951.14 (2) (intro.) and 951.14 (3) (intro.); and to create 951.14 (1m), 951.14 (3m) and 951.14 (5) of the statutes; relating to: standards for care and shelter of animals and providing a penalty.

Analysis by the Legislative Reference Bureau

This bill creates standards for the shelter, tethering, and transportation of animals. Specifically, with regard to shelter for dogs, the bill provides that dog houses must rest on a flat, solid floor that is at least four inches high, must provide enough room for the dog to stand, sit, turn around, or lie flat, must be windproof, must be shaded from direct sunlight, and must be surrounded by a reasonably dry and clean area. With regard to tethering dogs, the bill provides that dogs may not be tethered outside during extreme weather or in unsafe or unsanitary conditions, for such an unreasonable amount of time that it affects the dog's well-being, or for more than ten hours in a 24-hour period; a person must be on or near a property where a dog is tethered; a tether may not weigh more than 15 percent of the dog's weight, the tether must be the longer of 12 feet or four times the length of the dog, and the collar used may not be improperly fitted nor a prong, pinch, or choke collar; and a vicious, dangerous, or sick, pregnant, or nursing dog, or a dog that is under the age of five months, may not be tethered. With regard to the transportation of animals, the bill requires a person to crate or restrain an animal being transported in the bed of a truck on public roads or lands in a manner that ensures the animal cannot fall or jump or be strangled.

The penalty for violating a standard created in the bill is the same penalty for violating a current law standard of proper shelter for an animal. A person who violates a standard is subject to a forfeiture of up to $500 except that, if a person violates the standard within three years after receiving an abatement order from a humane officer regarding that standard, that person is subject to a forfeiture of up to $10,000 and except that a person who intentionally or negligently violates a standard is guilty of a Class A misdemeanor. The penalty for a Class A misdemeanor is a fine of up to $10,000 or imprisonment for up to nine months, or both.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB675,1 Section 1. 951.14 (intro.) of the statutes is amended to read:

SB675,2,8 951.14 Providing proper care and shelter. (intro.) No person owning or responsible for confining or impounding any animal may fail to provide the animal with proper care and shelter as prescribed in this section. In the case of farm animals, nothing in this section shall be construed as imposing shelter requirements or standards more stringent than normally accepted husbandry practices in the particular county where the animal or shelter is located. The following standards apply:

SB675,2 Section 2. 951.14 (1m) of the statutes is created to read:

SB675,2,11 951.14 (1m) Dog house standards. The following standards with respect to a shelter for a dog apply:

SB675,2,12 (a) No person may put a dog in a shelter if any of the following applies:

SB675,2,13 1. The shelter does not rest on a flat, solid floor that is at least 4 inches in height.