AB 957 — Relating to: preemption of certain local animal ordinances.

-Date 2024of LEGISLATUREenactment: LRB-1343/1 JAM:cdc ASSEMBLY BILL 957 January 16, 2024 - Introduced by Representatives P RONSCHINSKE , D ALLMAN , ARMSTRONG , B EHNKE , OC ONNOR , SCHMIDT and W ICHGERS , cosponsored by Senator QUINN .

ReferredAssembly toBill Committee957 onDate Localof Government.publication*:

WISCONSIN ACT A N A CT to create 173.90 of the statutes;

AnalysisThe bypeople of the Legislativestate Referenceof BureauWisconsin, Currentrepresented lawin specifies(c) animalUse welfareof standardsanimals. for persons responsible for confining animals, including requirements to provide such animals with sufficient food and water and standards for providing proper shelter.

CurrentLimit lawthe alsouse identifiesto andwhich prohibitsan aanimal numbersenate of crimes against animals and requiresassembly, rabiesdo vaccinationsenact andas localfollows: dog licenses and tags for dogs.

Under current law, a city, village, town, or county (political subdivision) may appointbe humaneput officerswhile who may, in additionan toanimal lawfacility enforcementor officers,after investigateit andleaves enforcean theseanimal statefacility, lawsexcept as wellotherwise asprovided localin ordinancesthis relatingchap- toSECTION animals.1.

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 - 2024 Legislature - 2 - LRB-1343/1 JAM:cdc ASSEMBLY BILL 957 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:

SECTION 1.

(1)ter, Ds. EFINITIONS.In this section:

944.18, chs.

174 and 951, and any rules promul- (1) D EFINITIONS.

In this section:

gated by the department.

(b)(d) “AnimalSpecies facility”of meansanimals. a farm or other commercial operation that raises or confines animals as a commercial enterprise.

Limit the species of animals (b) “Animal facility” means a farm or other commer- that may be raised or kept in an area zoned exclusively or primarily for agricultural use.

cial operation that raises or confines animals as a com- (3) E XISTING REGULATIONS.

If a political subdivision mercial enterprise.

A political subdivision may not, byhas ordinance, resolution, order, or otherwise, do any of the following to regulate an animal facility in aneffect areaon that is zoned exclusively or primarily for agricultural use, unless the activityeffective affecteddate byof thethis ordinance,subsection resolution,.... or order presents a substantial threat to public health or safety or unless otherwise specifically authorized:

(a)by Animalordinance, welfareresolution, standards.order, or otherwise, do any of [LRB inserts date], an ordinance, resolution, or order that the following to regulate an animal facility in an area that conflicts with sub.

Establish(2), animalthe welfareordinance, standardsresolution, thator areorder moreis stringentzoned thatexclusively thoseor inprimarily ss.for agricultural use, does not apply and may not be enforced, unless the activ- unless the activity affected by the ordinance, resolution, ity affected by the ordinance, resolution, or order presents a substantial threat to public health or safety.

951.13or andorder 951.14presents ora insubstantial anythreat rulesto promulgatedpublic byhealth theor department.safety or unless otherwise specifically authorized:

(b) Medications and vaccinations.

Require or prohibit any medications or vaccinations that are not required or prohibited under ch.

95 or under any rules promulgated by the department.

(c) Use of animals.

Limit the use to which an animal may be put while in an animal facility or after it leaves an animal facility, except as otherwise provided in this chapter, s.

944.18, chs.

174 and 951, and any rules promulgated by the department.

LRB-1343/1 - 2024 Legislature - 3 - JAM:cdc SECTION 1 ASSEMBLY BILL 957 (d) Species of animals.

Limit the species of animals that may be raised or kept in an area zoned exclusively or primarily for agricultural use.

(3) EXISTING REGULATIONS.

If a political subdivision has in effect on the effective date of this subsection ....

[LRB inserts date], an ordinance, resolution, or order that conflicts with sub.

(2), the ordinance, resolution, or order does not apply and may not be enforced, unless the activity affected by the ordinance, resolution, or order presents a substantial threat to public health or safety.

Nothing in this section shall be construed(a) asAnimal limitingwelfare astandards. political subdivision's authority to enforce the provisions of this chapter, s.