Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB892 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 SENATE BILL 892
5	5	January 5, 2024 - Introduced by Senator QUINN, cosponsored by Representatives
6	6	PRONSCHINSKE, DALLMAN, ARMSTRONG, BEHNKE, O'CONNOR, SCHMIDT and
7	7	WICHGERS. Referred to Committee on Agriculture and Tourism.
8	8	*AUTHORS SUBJECT TO CHANGE*
9	9	AN ACT to create 173.90 of the statutes; relating to: preemption of certain local
10	10	animal ordinances.
11	11	Analysis by the Legislative Reference Bureau
12	12	Current law specifies animal welfare standards for persons responsible for
13	13	confining animals, including requirements to provide such animals with sufficient
14	14	food and water and standards for providing proper shelter. Current law also
15	15	identifies and prohibits a number of crimes against animals and requires rabies
16	16	vaccinations and local dog licenses and tags for dogs. Under current law, a city,
17	17	village, town, or county (political subdivision) may appoint humane officers who may,
18	18	in addition to law enforcement officers, investigate and enforce these state laws as
19	19	well as local ordinances relating to animals.
20	20	This bill prohibits political subdivisions from adopting certain regulations for
21	21	animal facilities in areas that are zoned exclusively or primarily for agricultural use,
22	22	unless the activity being regulated presents a substantial threat to public health or
23	23	safety. Specifically, the bill prohibits political subdivisions from establishing animal
24	24	welfare standards that are more stringent than those contained in state law or from
25	25	requiring or prohibiting animal medications or vaccinations that are not otherwise
26	26	required or prohibited under state law. The bill also prohibits political subdivisions
27	27	from regulating the use to which an animal will be put, either on a farm or facility
28	28	or after it leaves the farm or facility. In addition, under the bill, political subdivisions
29	29	may not regulate the species of animals that are allowed to be raised within an area
30	30	that is zoned exclusively or primarily for agricultural use. Under the bill, a political
31	31	subdivision may not enforce any existing regulations that conflict with the
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35	35	SENATE BILL 892
36	36	provisions of the bill, unless the activity being regulated presents a substantial
37	37	threat to public health or safety.
38	38	The people of the state of Wisconsin, represented in senate and assembly, do
39	39	enact as follows:
40	40	SECTION 1. 173.90 of the statutes is created to read:
41	41	173.90 Preemption of local animal regulations. (1) DEFINITIONS. In this
42	42	section:
43	43	(a) “Animal” has the meaning given in s. 951.01 (1).
44	44	(b) “Animal facility” means a farm or other commercial operation that raises
45	45	or confines animals as a commercial enterprise.
46	46	(2) PROHIBITIONS. A political subdivision may not, by ordinance, resolution,
47	47	order, or otherwise, do any of the following to regulate an animal facility in an area
48	48	that is zoned exclusively or primarily for agricultural use, unless the activity affected
49	49	by the ordinance, resolution, or order presents a substantial threat to public health
50	50	or safety or unless otherwise specifically authorized:
51	51	(a) Animal welfare standards. Establish animal welfare standards that are
52	52	more stringent that those in ss. 951.13 and 951.14 or in any rules promulgated by
53	53	the department.
54	54	(b) Medications and vaccinations. Require or prohibit any medications or
55	55	vaccinations that are not required or prohibited under ch. 95 or under any rules
56	56	promulgated by the department.
57	57	(c) Use of animals. Limit the use to which an animal may be put while in an
58	58	animal facility or after it leaves an animal facility, except as otherwise provided in
59	59	this chapter, s. 944.18, chs. 174 and 951, and any rules promulgated by the
60	60	department.
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84	84	SECTION 1
85	85	SENATE BILL 892
86	86	(d) Species of animals. Limit the species of animals that may be raised or kept
87	87	in an area zoned exclusively or primarily for agricultural use.
88	88	(3) EXISTING REGULATIONS. If a political subdivision has in effect on the effective
89	89	date of this subsection .... [LRB inserts date], an ordinance, resolution, or order that
90	90	conflicts with sub. (2), the ordinance, resolution, or order does not apply and may not
91	91	be enforced, unless the activity affected by the ordinance, resolution, or order
92	92	presents a substantial threat to public health or safety.
93	93	(4) CONSTRUCTION. Nothing in this section shall be construed as limiting a
94	94	political subdivision's authority to enforce the provisions of this chapter, s. 59.69, or
95	95	ch. 174 or any provisions under state law relating to animal feeding operations.
96	96	SECTION 2.0Effective date.
97	97	(1) This act takes effect on the 90th day after publication.
98	98	(END)
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