1 | | - | Date of enactment: |
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2 | | - | 2023 Assembly Bill 957 Date of publication*: |
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3 | | - | 2023 WISCONSIN ACT |
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4 | | - | AN ACT to create 173.90 of the statutes; relating to: preemption of certain local animal ordinances. |
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5 | | - | The people of the state of Wisconsin, represented in |
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6 | | - | senate and assembly, do enact as follows: |
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| 1 | + | LRB-1343/1 |
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| 2 | + | JAM:cdc |
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| 3 | + | 2023 - 2024 LEGISLATURE |
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| 4 | + | 2023 ASSEMBLY BILL 957 |
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| 5 | + | January 16, 2024 - Introduced by Representatives PRONSCHINSKE, DALLMAN, |
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| 6 | + | ARMSTRONG, BEHNKE, O'CONNOR, SCHMIDT and WICHGERS, cosponsored by |
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| 7 | + | Senator QUINN. Referred to Committee on Local Government. |
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| 8 | + | ***AUTHORS SUBJECT TO CHANGE*** |
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| 9 | + | AN ACT to create 173.90 of the statutes; relating to: preemption of certain local |
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| 10 | + | animal ordinances. |
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| 11 | + | Analysis by the Legislative Reference Bureau |
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| 12 | + | Current law specifies animal welfare standards for persons responsible for |
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| 13 | + | confining animals, including requirements to provide such animals with sufficient |
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| 14 | + | food and water and standards for providing proper shelter. Current law also |
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| 15 | + | identifies and prohibits a number of crimes against animals and requires rabies |
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| 16 | + | vaccinations and local dog licenses and tags for dogs. Under current law, a city, |
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| 17 | + | village, town, or county (political subdivision) may appoint humane officers who may, |
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| 18 | + | in addition to law enforcement officers, investigate and enforce these state laws as |
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| 19 | + | well as local ordinances relating to animals. |
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| 20 | + | This bill prohibits political subdivisions from adopting certain regulations for |
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| 21 | + | animal facilities in areas that are zoned exclusively or primarily for agricultural use, |
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| 22 | + | unless the activity being regulated presents a substantial threat to public health or |
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| 23 | + | safety. Specifically, the bill prohibits political subdivisions from establishing animal |
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| 24 | + | welfare standards that are more stringent than those contained in state law or from |
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| 25 | + | requiring or prohibiting animal medications or vaccinations that are not otherwise |
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| 26 | + | required or prohibited under state law. The bill also prohibits political subdivisions |
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| 27 | + | from regulating the use to which an animal will be put, either on a farm or facility |
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| 28 | + | or after it leaves the farm or facility. In addition, under the bill, political subdivisions |
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| 29 | + | may not regulate the species of animals that are allowed to be raised within an area |
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| 30 | + | that is zoned exclusively or primarily for agricultural use. Under the bill, a political |
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| 31 | + | subdivision may not enforce any existing regulations that conflict with the |
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| 32 | + | 1 |
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| 33 | + | 2 - 2 -2023 - 2024 Legislature LRB-1343/1 |
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| 34 | + | JAM:cdc |
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| 35 | + | ASSEMBLY BILL 957 |
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| 36 | + | provisions of the bill, unless the activity being regulated presents a substantial |
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| 37 | + | threat to public health or safety. |
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| 38 | + | The people of the state of Wisconsin, represented in senate and assembly, do |
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| 39 | + | enact as follows: |
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11 | | - | (b) “Animal facility” means a farm or other commer- |
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12 | | - | cial operation that raises or confines animals as a com- |
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13 | | - | mercial enterprise. |
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14 | | - | (2) PROHIBITIONS. A political subdivision may not, |
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15 | | - | by ordinance, resolution, order, or otherwise, do any of |
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16 | | - | the following to regulate an animal facility in an area that |
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17 | | - | is zoned exclusively or primarily for agricultural use, |
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18 | | - | unless the activity affected by the ordinance, resolution, |
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19 | | - | or order presents a substantial threat to public health or |
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20 | | - | safety or unless otherwise specifically authorized: |
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21 | | - | (a) Animal welfare standards. Establish animal wel- |
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22 | | - | fare standards that are more stringent that those in ss. |
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23 | | - | 951.13 and 951.14 or in any rules promulgated by the |
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| 44 | + | (b) “Animal facility” means a farm or other commercial operation that raises |
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| 45 | + | or confines animals as a commercial enterprise. |
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| 46 | + | (2) PROHIBITIONS. A political subdivision may not, by ordinance, resolution, |
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| 47 | + | order, or otherwise, do any of the following to regulate an animal facility in an area |
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| 48 | + | that is zoned exclusively or primarily for agricultural use, unless the activity affected |
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| 49 | + | by the ordinance, resolution, or order presents a substantial threat to public health |
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| 50 | + | or safety or unless otherwise specifically authorized: |
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| 51 | + | (a) Animal welfare standards. Establish animal welfare standards that are |
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| 52 | + | more stringent that those in ss. 951.13 and 951.14 or in any rules promulgated by |
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| 53 | + | the department. |
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| 54 | + | (b) Medications and vaccinations. Require or prohibit any medications or |
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| 55 | + | vaccinations that are not required or prohibited under ch. 95 or under any rules |
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| 56 | + | promulgated by the department. |
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| 57 | + | (c) Use of animals. Limit the use to which an animal may be put while in an |
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| 58 | + | animal facility or after it leaves an animal facility, except as otherwise provided in |
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| 59 | + | this chapter, s. 944.18, chs. 174 and 951, and any rules promulgated by the |
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25 | | - | (b) Medications and vaccinations. Require or pro- |
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26 | | - | hibit any medications or vaccinations that are not |
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27 | | - | required or prohibited under ch. 95 or under any rules |
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28 | | - | promulgated by the department. |
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29 | | - | (c) Use of animals. Limit the use to which an animal |
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30 | | - | may be put while in an animal facility or after it leaves an |
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31 | | - | animal facility, except as otherwise provided in this chap- |
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32 | | - | ter, s. 944.18, chs. 174 and 951, and any rules promul- |
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33 | | - | gated by the department. |
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34 | | - | (d) Species of animals. Limit the species of animals |
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35 | | - | that may be raised or kept in an area zoned exclusively or |
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36 | | - | primarily for agricultural use. |
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37 | | - | (3) EXISTING REGULATIONS. If a political subdivision |
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38 | | - | has in effect on the effective date of this subsection .... |
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39 | | - | [LRB inserts date], an ordinance, resolution, or order that |
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40 | | - | conflicts with sub. (2), the ordinance, resolution, or order |
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41 | | - | does not apply and may not be enforced, unless the activ- |
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42 | | - | ity affected by the ordinance, resolution, or order |
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| 81 | + | 21 - 3 -2023 - 2024 Legislature |
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| 82 | + | LRB-1343/1 |
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| 83 | + | JAM:cdc |
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| 84 | + | SECTION 1 |
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| 85 | + | ASSEMBLY BILL 957 |
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| 86 | + | (d) Species of animals. Limit the species of animals that may be raised or kept |
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| 87 | + | in an area zoned exclusively or primarily for agricultural use. |
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| 88 | + | (3) EXISTING REGULATIONS. If a political subdivision has in effect on the effective |
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| 89 | + | date of this subsection .... [LRB inserts date], an ordinance, resolution, or order that |
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| 90 | + | conflicts with sub. (2), the ordinance, resolution, or order does not apply and may not |
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| 91 | + | be enforced, unless the activity affected by the ordinance, resolution, or order |
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44 | | - | (4) CONSTRUCTION. Nothing in this section shall be |
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45 | | - | construed as limiting a political subdivision’s authority |
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46 | | - | to use its zoning authority or power or to enforce the pro- |
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47 | | - | visions of this chapter, s. 59.69, 60.61, 60.62, 61.35, or |
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48 | | - | 62.23, or ch. 174 or any provisions under state law relat- |
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49 | | - | ing to livestock facilities. |
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| 93 | + | (4) CONSTRUCTION. Nothing in this section shall be construed as limiting a |
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| 94 | + | political subdivision's authority to enforce the provisions of this chapter, s. 59.69, or |
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| 95 | + | ch. 174 or any provisions under state law relating to animal feeding operations. |
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