UPDATED 3/8/16
AB487 and SB450 passed both the Assembly and Senate and was signed by the governor this week.
This amendment was included in the final version of the bill that passed both houses last week.
http://docs.legis.wisconsin.gov/…/amendments/sb450/aa2_sb450
http://docs.legis.wisconsin.gov/2015/proposals/sb450
AB487 and SB450 passed both the Assembly and Senate and was signed by the governor this week.
This amendment was included in the final version of the bill that passed both houses last week.
http://docs.legis.wisconsin.gov/…/amendments/sb450/aa2_sb450
http://docs.legis.wisconsin.gov/2015/proposals/sb450
UPDATED 2/11/16
AB-487 (also known as the "Stray Hold Bill") - Treatment of Animals, authored by Republican John Spiros, will affect current State Statute 173 as it pertains to animals believed to have been involved in crimes against animals, when a stray or abandoned animal may be considered unclaimed, and a court order relating to an animal taken into or held in custody.
This bill may have an impact on your organization. Please take a few minutes to review the proposed changes to Statute 173. Helpful links are provided to assist you with your research. If you have a position "for" or "against" these this bill, it is important that you contact your State Reprehensive today. You can find your legislators and their contact information here:http://legis.wisconsin.gov/ Click on the box in the upper right corner Find My Legislators.
Proposed changes to Statute 173 can be reviewed on the Wisconsin Federated Humane Society's Website: http://www.wisconsinfederatedhs.org/new-legislation-update.html
AB-487 (also known as the "Stray Hold Bill") - Treatment of Animals, authored by Republican John Spiros, will affect current State Statute 173 as it pertains to animals believed to have been involved in crimes against animals, when a stray or abandoned animal may be considered unclaimed, and a court order relating to an animal taken into or held in custody.
This bill may have an impact on your organization. Please take a few minutes to review the proposed changes to Statute 173. Helpful links are provided to assist you with your research. If you have a position "for" or "against" these this bill, it is important that you contact your State Reprehensive today. You can find your legislators and their contact information here:http://legis.wisconsin.gov/ Click on the box in the upper right corner Find My Legislators.
Proposed changes to Statute 173 can be reviewed on the Wisconsin Federated Humane Society's Website: http://www.wisconsinfederatedhs.org/new-legislation-update.html
UPDATED 2/2/16:
If you are interested in the current legislative effort to shorten the stray hold period and other legislative actions that may affect your humane society or animal shelter please be advised a public hearing has been scheduled.
Senate Judiciary and Public Safety, 10 am, Thu, Feb. 4, Room 330-SW SB-450 Treatment of Animals (Petrowski, Jerry (R)) Animals believed to have been involved in crimes against animals, when a stray or abandoned animal may be considered unclaimed, and a court order relating to an animal taken into or held in custody.
There are helpful links to the bill and other resources at the end of this web page to assist you with your review.
If you are interested in the current legislative effort to shorten the stray hold period and other legislative actions that may affect your humane society or animal shelter please be advised a public hearing has been scheduled.
Senate Judiciary and Public Safety, 10 am, Thu, Feb. 4, Room 330-SW SB-450 Treatment of Animals (Petrowski, Jerry (R)) Animals believed to have been involved in crimes against animals, when a stray or abandoned animal may be considered unclaimed, and a court order relating to an animal taken into or held in custody.
There are helpful links to the bill and other resources at the end of this web page to assist you with your review.
UPDATED 1/14/16:
On Wednesday, January 13, 2015 Assembly Committee - Criminal Justice and Public Safety held a Public Hearing on AB 487 Treatment of Animals. The following day, the Committee unanimously voted in favor of the bill as written. It appears that AB 487 will now go to the full Assembly for a floor vote soon. If you are interested in contacting your state lawmakers, now would be the time to have your views heard.
On Wednesday, January 13, 2015 Assembly Committee - Criminal Justice and Public Safety held a Public Hearing on AB 487 Treatment of Animals. The following day, the Committee unanimously voted in favor of the bill as written. It appears that AB 487 will now go to the full Assembly for a floor vote soon. If you are interested in contacting your state lawmakers, now would be the time to have your views heard.
POSTED 1/11/16:
Public Hearing Notice
AB 487 Treatment of Animals - Authored by John Spiros (R)
Animals believed to have been involved in crimes against animals, when a stray or abandoned animal may be considered unclaimed, and a court order relating to an animal taken into or held in custody
Assembly Committee - Criminal Justice and Public Safety
Wednesday, January 13, 2016 at 1:30 PM
State Capitol Room 300 Northeast
_______________________________________________________________________
Wisconsin Assembly Bill 487 and the Senate Bill 450
URGENT! Legislation has been introduced in Wisconsin that will affect the animal sheltering community, the animals it protects, and the multitude of associated constituents which interplay with animals and shelters in the State of Wisconsin. It is imperative that you review this legislation and take action based on how it will impact you, your organization and the animals we all care about.
Wisconsin Federated Humane Societies (WFHS) currently takes a neutral position on this legislation, which has been introduced as AB 487 in the Assembly and SB 450 in the Senate. Our mission is to represent all humane organizations, which is why WFHS currently remains neutral. As this legislation may impact some shelters in a positive way and other shelters in a negative way, WFHS seeks to inform you rather than support or object to the proposals. WFHS encourages all shelters to analyze the legislation and its potential effect on their operations.
One intent of the legislation is to improve the outcome for seized animals (often called "court case animals") in Wisconsin – animals that have been taken into custody as victims of cruelty, hoarding, or animal fighting. Another primary purpose is to alter the stray-hold period from 7 days to 4 days. While the intention of the legislation is good, WFHS recommends heightened scrutiny by each shelter to determine the potential operational impact of these bills if they were to become law. How your shelter, rescue, or “stray hold” facility will be affected, if this legislation becomes law, is specific to your operation and how it is financed. What seems simple on the surface may have many unintended adverse, and possibly catastrophic, consequences for your shelter in the long run. WFHS encourages active involvement in the legislative process to ensure that you are heard and that the effect of this legislation on owners, municipalities, district attorneys, corporation counsel, law enforcement, humane officers, courts, and the animals themselves is understood.
There are no easy answers, but there is a lot to consider:
______________________________________________________________________________
CURRENT LAW Under State Statute 173 currently and dog over a year old that has been involved in animal fighting MUST be euthanized.
AB 487 / SB 450 - The legislation as proposed would redefine these dogs as “unclaimed animals,” making them available to be euthanized or adopted out (presumably, when they are no longer needed as evidence).
We must consider: Some see this as good news, as it removes the requirement for any animal over one year in age found to have been involved in an animal fight to be euthanized. Not all dogs seized from accused dog fighters have been used in training or fighting; some may be lost or stolen pets gathered to be used as bait dogs, etc. Many argue that dogs seized from a convicted dog fighter can and should be rehabilitated and have the opportunity for loving pet homes.
However, there also could be serious issues with releasing any dogs from a fighting environment to other persons, such as (but not limited to):
CURRENT LAW: If an animal has allegedly been used in, or is evidence of, a crime related to animals, it can be seized and retained in custody. If the owner wants the animal returned, a court must determine whether the animal is needed as evidence or if there is reason to believe that the animal has been used in fighting. If so, the animal must be retained in custody.
AB 487 / SB 450 - If an animal allegedly has been used in any crime against animals or is evidence of a crime against animals, it must be retained in custody. However, the animal’s owner has 30 days to petition the court for its return and the court must hold a hearing within 20 days of receiving the application. If the court determines that the animal is not needed as evidence and that there is no reason to believe that it was used in a crime against animals, the animal must be returned to the owner. However, if the court believes that the animal is needed as evidence or if there is reason to believe that the animal has been used in fighting, it must be retained in custody.
The bill also allows the facility that has custody of a seized animal to demand reasonable payment from the animal's owner for its care, and treatment every two weeks. If the owner does not pay in a timely manner, the animal will be treated as an unclaimed animal.
We must consider: This provision could result in less expense for the holding facility for housing and care, which could be a significant sum since dog fighting cases take so long to settle. It would also provide obvious benefits for the animals involved, which wouldn’t have to languish in shelters or holding facilities for months.
However, animals are unique “evidence” and the proposed amendment does not go far enough to address the issue. Thought should be given to quicker timetables for the adjudication of that issue, coordination between civil and criminal authorities on how to handle this special kind of evidence, what “early on” requirements for the collection of such evidence should be imposed on the owner and prosecutors to enable early collection of the evidence, and temporary placement thereafter in foster care pending final adjudication so as to avoid long-term lock up of animals that could later be redeemed or adopted.
____________________________________________________________________________________
CURRENT LAW: Sets the “stray hold” time at seven (7) days before an abandoned, stray, untagged /unlicensed dog, or an animal whose owner fails to pick it up from a veterinarian is considered “unclaimed”
AB 487 / SB 450 - Reduces the “stray hold” period to four days.
We must consider: Some entities see this reduction in time as very beneficial, as it also reduces expenses of caring for the animal, may get some animals rehomed more quickly, means less “kennel stress,” and may also keep the animal healthier by alleviating overcrowding in shelters. On the surface, it saves taxpayer dollars. For details, please see “WHS and MADACC support AB 487/SB 450” at: http://wihumane.org/news/whs-and-madacc-support-lrb1926. Some opponents argue that:
AB 487 Treatment of Animals - Authored by John Spiros (R)
Animals believed to have been involved in crimes against animals, when a stray or abandoned animal may be considered unclaimed, and a court order relating to an animal taken into or held in custody
Assembly Committee - Criminal Justice and Public Safety
Wednesday, January 13, 2016 at 1:30 PM
State Capitol Room 300 Northeast
_______________________________________________________________________
Wisconsin Assembly Bill 487 and the Senate Bill 450
URGENT! Legislation has been introduced in Wisconsin that will affect the animal sheltering community, the animals it protects, and the multitude of associated constituents which interplay with animals and shelters in the State of Wisconsin. It is imperative that you review this legislation and take action based on how it will impact you, your organization and the animals we all care about.
Wisconsin Federated Humane Societies (WFHS) currently takes a neutral position on this legislation, which has been introduced as AB 487 in the Assembly and SB 450 in the Senate. Our mission is to represent all humane organizations, which is why WFHS currently remains neutral. As this legislation may impact some shelters in a positive way and other shelters in a negative way, WFHS seeks to inform you rather than support or object to the proposals. WFHS encourages all shelters to analyze the legislation and its potential effect on their operations.
One intent of the legislation is to improve the outcome for seized animals (often called "court case animals") in Wisconsin – animals that have been taken into custody as victims of cruelty, hoarding, or animal fighting. Another primary purpose is to alter the stray-hold period from 7 days to 4 days. While the intention of the legislation is good, WFHS recommends heightened scrutiny by each shelter to determine the potential operational impact of these bills if they were to become law. How your shelter, rescue, or “stray hold” facility will be affected, if this legislation becomes law, is specific to your operation and how it is financed. What seems simple on the surface may have many unintended adverse, and possibly catastrophic, consequences for your shelter in the long run. WFHS encourages active involvement in the legislative process to ensure that you are heard and that the effect of this legislation on owners, municipalities, district attorneys, corporation counsel, law enforcement, humane officers, courts, and the animals themselves is understood.
There are no easy answers, but there is a lot to consider:
______________________________________________________________________________
CURRENT LAW Under State Statute 173 currently and dog over a year old that has been involved in animal fighting MUST be euthanized.
AB 487 / SB 450 - The legislation as proposed would redefine these dogs as “unclaimed animals,” making them available to be euthanized or adopted out (presumably, when they are no longer needed as evidence).
We must consider: Some see this as good news, as it removes the requirement for any animal over one year in age found to have been involved in an animal fight to be euthanized. Not all dogs seized from accused dog fighters have been used in training or fighting; some may be lost or stolen pets gathered to be used as bait dogs, etc. Many argue that dogs seized from a convicted dog fighter can and should be rehabilitated and have the opportunity for loving pet homes.
However, there also could be serious issues with releasing any dogs from a fighting environment to other persons, such as (but not limited to):
- Can a former fighting dog ever be completely trustworthy, as they are bred to be aggressive. They have been trained and rewarded for killing other dogs.
- Who makes the determination of adoptability? There are no provisions for temperament testing of the dogs by a qualified person before they may be adopted out.
- Fighting dogs present unique challenges in rehabilitation, as, in addition to the obvious, they are trained to certain “triggers” – such as the removal of a collar – which can change them in an instant from a friendly potential family pet to a raging killer.
- If the dog is not properly evaluated and is released to an unprepared person or family, the results could be disastrous for everyone involved – with liability issues for the facility that releases the animal.
- The dog may be unintentionally released to another dog fighter.
- Evaluation and rehabilitation of the animal may present a considerable expense to the shelter or facility, taking time and resources that might better be spent on more easily adoptable animals.
CURRENT LAW: If an animal has allegedly been used in, or is evidence of, a crime related to animals, it can be seized and retained in custody. If the owner wants the animal returned, a court must determine whether the animal is needed as evidence or if there is reason to believe that the animal has been used in fighting. If so, the animal must be retained in custody.
AB 487 / SB 450 - If an animal allegedly has been used in any crime against animals or is evidence of a crime against animals, it must be retained in custody. However, the animal’s owner has 30 days to petition the court for its return and the court must hold a hearing within 20 days of receiving the application. If the court determines that the animal is not needed as evidence and that there is no reason to believe that it was used in a crime against animals, the animal must be returned to the owner. However, if the court believes that the animal is needed as evidence or if there is reason to believe that the animal has been used in fighting, it must be retained in custody.
The bill also allows the facility that has custody of a seized animal to demand reasonable payment from the animal's owner for its care, and treatment every two weeks. If the owner does not pay in a timely manner, the animal will be treated as an unclaimed animal.
We must consider: This provision could result in less expense for the holding facility for housing and care, which could be a significant sum since dog fighting cases take so long to settle. It would also provide obvious benefits for the animals involved, which wouldn’t have to languish in shelters or holding facilities for months.
However, animals are unique “evidence” and the proposed amendment does not go far enough to address the issue. Thought should be given to quicker timetables for the adjudication of that issue, coordination between civil and criminal authorities on how to handle this special kind of evidence, what “early on” requirements for the collection of such evidence should be imposed on the owner and prosecutors to enable early collection of the evidence, and temporary placement thereafter in foster care pending final adjudication so as to avoid long-term lock up of animals that could later be redeemed or adopted.
____________________________________________________________________________________
CURRENT LAW: Sets the “stray hold” time at seven (7) days before an abandoned, stray, untagged /unlicensed dog, or an animal whose owner fails to pick it up from a veterinarian is considered “unclaimed”
AB 487 / SB 450 - Reduces the “stray hold” period to four days.
We must consider: Some entities see this reduction in time as very beneficial, as it also reduces expenses of caring for the animal, may get some animals rehomed more quickly, means less “kennel stress,” and may also keep the animal healthier by alleviating overcrowding in shelters. On the surface, it saves taxpayer dollars. For details, please see “WHS and MADACC support AB 487/SB 450” at: http://wihumane.org/news/whs-and-madacc-support-lrb1926. Some opponents argue that:
- Stray holding facilities can include large shelters, small rescues, vet clinics, boarding kennels, police departments, town offices, individual contractors, etc. There is a huge disparity in funding, staff, expertise, operations methods, and other resources among them.
- This provision may cause serious financial hardship for non-profit shelters, which rely on the 7 days of subsidies from municipalities as part of their operating budgets.
- There is no established correlation between a shortened stray holding period and a quicker release or adoption of these animals.
- Reducing the stray hold period may not allow enough time to find the owners. Some stray hold facilities do not have the resources to actively advertise or try to find owners. For more details on this argument, please see: Lost Dogs of Wisconsin website, http://lostdogsofwisconsin.org/