- 2026 LEGISLATURE LRBs0312/1LRB-4386/1 ARG:cjsJAM:cdc ASSEMBLY SUBSTITUTEBILL AMENDMENT436 1,September TO19, ASSEMBLY2025 BILL- 436Introduced Januaryby 22,Representatives 2026K -ITCHENS, OfferedJOERS by, RepresentativeA RMSTRONG , UDELL, M IRESS, DE SMIDT, PIWOWARCZYK , MAXEY, PALMERI , K ITCHENSREIBICH, BARE , GOODWIN , D ONOVAN , SHEEHAN , A NDERSON , SINICKI, B EHNKE, M ELOTIK, M URSAU and STUBBS, cosponsored by Senators W ANGGAARD , CARPENTER , HABUSH SINYKIN, RATCLIFF, SPREITZE, KEYESKI and JAGLER .
Referred to Committee on State Affairs.
requiring animal testing facilities and breeders to offer to transfer certain dogs and cats for adoption to releasing agencies and providing a penalty.
Analysis by the Legislative Reference Bureau This bill requires an animal testing facility,facilities and apersons person that breedsbreed dogscats or catsdogs for sale or transfer to an animal testing facility (breeder), to offer to a releasing agency for eventual adoption,adoption orcertain todogs transferand tocats athat persondo fornot privatepose placementa inrisk theto person’spublic home,health. certain dogs and cats.
TheA bill“releasing definesagency” anis “animaldefined testingto facility”mean asan aanimal facilityshelter, thathumane usessociety, dogsanimal orwelfare catsorganization, society for research,the education,prevention testing,of cruelty to animals, home-based rescue, or other scientificentity orthat medicalprovides purposes.individuals with animals for adoption as companion animals.
The bill definesrequires athat, “releasingif agency” as an animal shelter,testing humanefacility society,is animaloperated welfareby organization,a societystate foragency theor preventionan institution of crueltyhigher toeducation, animals,the home-basedstate rescue,agency or otherinstitution entityof thathigher provideseducation individualsmay withdevelop animalsits forown internal adoption asprogram companionto animals.effectuate the requirements of the bill.
UnderThe thebill bill,also anrequires animal testing facilityfacilities orand breederbreeders must offer to transferannually areport dogto orthe catDepartment inof itsAgriculture, possessionTrade toand aConsumer releasingProtection agencycertain ifinformation 1)about the animaldogs testingand facilitycats orthat breederthey nooffer longerto hastransfer ato needreleasing foragency. the dog or cat;
2)A person who violates the dogprovisions orof catthe doesbill notshall posebe asubject healthto ora safetyforfeiture risknot to theexceed public;$5,000.
and- 3)2026 forLegislature an- animal2 testing- facility,LRB-4386/1 theJAM:cdc facility’sASSEMBLY attendingBILL veterinarian436 determinesSECTION that1 theFor dogfurther orinformation catsee isthe suitablestate forfiscal adoption,estimate, -which 2026will Legislaturebe -printed 2as -an LRBs0312/1appendix ARG:cjsto SECTIONthis 1bill. considering the welfare of the dog or cat.
This offer to transfer a dog or cat must be open for at least three weeks prior to the animal testing facility or breeder effectuating the euthanasia of the dog or cat.
An animal testing facility or breeder may develop its own internal adoption program to effectuate these requirements.
An animal testing facility or breeder may also offer to transfer ownership and custody of a retired dog or cat to a person for private placement in the person’s permanent adoptive home.
An animal testing facility or breeder that acts in good faith to transfer a dog or cat to a releasing agency or for private placement is not liable for civil damages for acts or circumstances related to or resulting from the transfer of the dog or cat.
The bill requires an animal testing facility or breeder to retain, for at least 36 months, records of the transfer or adoption of a dog or cat and to make these records available to the Department of Agriculture, Trade and Consumer Protection upon request.
The bill also requires an animal testing facility or breeder to annually submit to DATCP a report identifying, for the preceding calendar year, the total number of dogs and cats transferred by the animal testing facility or breeder to a releasing agency or for private placement.
The annual report and records submitted to DATCP are confidential and not subject to the open records law, except that DATCP must annually publish on its website the aggregated total number of dogs and cats transferred in the preceding calendar year by all animal testing facilities and breeders to releasing agencies and for private placement.
A person who violates the provisions of the bill, other than the record-keeping and annual report requirements, is subject to a forfeiture of up to $5,000 per dog or cat involved in the violation.
SECTIONS ECTION 1.
(1) D EFINITIONSEFINITIONS. .
(b) “Animal testing facility” means a facility that uses dogscats or catsdogs for research, education, testing, or other scientific or medical purposes, including testing done to assess the safety or efficacy of chemicals, ingredients, drugs, vaccines, or product formulations.
- 2026 Legislature - 3 - LRBs0312/1 ARG:cjs SECTION 1 (c) “Breeder” means a person that breeds dogs or cats for sale or transfer to an animal testing facility.
(d)(g) “Releasing agency” means an animal shelter, humane society, animal welfare organization, society for the prevention of cruelty to animals, home-based rescue, or other nonprofit group that provides individuals with animals for adoption as companion animals.
(2) REQUIREMENTR EQUIREMENT TO TRANSFER TO RELEASING AGENCY .
(a) 1.An animal testing facility or breeder that no longer has a need for a dog or cat in its possession that does not pose a health or safety risk to the public shall offer the dog or cat for transfer to a releasing agency for eventual adoption.
SubjectThe offer for transfer shall be open for at least 3 weeks prior to pars.the animal testing facility or breeder effectuating the euthanasia of the dog or cat.
(b)- and2026 (d),Legislature an- animal3 testing- facilityLRB-4386/1 orJAM:cdc breederASSEMBLY thatBILL no436 longerSECTION has1 a(b) needIf foran aanimal dogtesting orfacility catis inoperated itsby possession shall offer the dog or cat for transfer to a releasingstate agencyagency, foras eventualdefined adoptionin ifs. all of the following apply:
a.1.12 (1) (b), or an institution of higher education, as defined in s.
The39.395 dog(1), the state agency or catinstitution doesof nothigher poseeducation amay healthdevelop orits safetyown riskinternal adoption program to effectuate the public.requirements of par.
b.
For an animal testing facility, the animal testing facility’s attending veterinarian determines that the dog or cat is suitable for adoption, considering the welfare of the dog or cat.
2.
The offer for transfer under subd.
1.
shall be open for at least 3 weeks prior to the animal testing facility or breeder effectuating the euthanasia of the dog or cat.
3.
In determining whether a dog or cat is suitable for adoption under subd.
1.
b., an attending veterinarian shall consider whether the dog or cat has a medical condition that could be managed or treated through rehabilitation or socialization outside the animal testing facility.
(b) An animal testing facility or breeder, including an animal testing facility or breeder operated by a state agency, as defined in s.
1.12 (1) (b), or an institution - 2026 Legislature - 4 - LRBs0312/1 ARG:cjs SECTION 1 of higher education, as defined in s.
39.395 (1), may develop its own internal adoption program to effectuate the requirements of par.
(d) An animal testing facility or breeder maythat offeracts toin transfergood ownershipfaith andto custodytransfer of a retired dog or cat to a personreleasing foragency privatepursuant placement in the person’s permanent adoptive home according to anpar. arrangement agreed to by the animal testing facility or breeder and the person.
(e)(a) Anis animalnot testingliable facilityfor orcivil breederdamages thatfor acts inor goodcircumstances faithrelated to transfer a dog or catresulting tofrom athe releasingtransfer agencyof pursuantthe todog par.or cat.
(a)(3) orRECORD toKEEPING aREQUIREMENTS person. pursuant to par.
(b)By orJanuary (d)31 isof notthe liableyear forfollowing civil damages for acts or circumstances related to or resulting from the transfereffective date of thethis dogsection or.... cat.
(3)[LRB Rinserts ECORD-KEEPINGdate], ANDand ANNUALby REPORTJanuary REQUIREMENTS31 .of each year thereafter, an animal testing facility or breeder shall submit to the department, in a matter as determined by the department, a report that includes the following information for the previous year:
(a) AnThe animaltotal testingnumber facility or breeder shall retain records of thedogs transfer or adoption, and anycats saleit relatedowned. to the transfer or adoption, of any dog or cat under sub.
(2).(b) The total number of dogs and cats it used for research or testing.
These(c) recordsThe shalltotal benumber retainedof fordogs atand leastcats 36it monthstransferred afterto thea transfer,releasing adoption,agency orfor sale.the purpose of adoption.
(b)(d) NoThe latername thanand Apriladdress 1 of each year,releasing anagency animal testing facility or breeder shall submit to thewhich departmentit transferred a reportdog identifying,or cat for the precedingpurpose calendar year, the total number of dogsadoption. and cats transferred by the animal testing facility or breeder to a releasing agency pursuant to sub.
(2)(e) (a)The ortotal tonumber aof persondogs pursuantand tocats sub.that were adopted from its internal adoption program, if applicable.
(2)(4) (b)P orENALTY. (d).
(c)(a) 1.A person who violates this section shall be subject to a - 2026 Legislature - 4 - LRB-4386/1 JAM:cdc ASSEMBLY BILL 436 S ECTION 1 forfeiture not to exceed $5,000.
An animal testing facility or breeder shall make the records under par.
(a) available to the department upon request by the department.
2.
Except as provided in par.
(d), the report under par.
(b) and all records - 2026 Legislature - 5 - LRBs0312/1 ARG:cjs SECTION 1 under par.
(a) submitted to the department under subd.
1.
are confidential and not subject to public inspection, copying, or disclosure under s.
19.35.
(d) No later than July 1 of each year, the department shall aggregate the data from the reports submitted under par.
(b) and publish on the department’s website the total number of dogs and cats transferred in the preceding calendar year by all animal testing facilities and breeders to releasing agencies pursuant to sub.
(2) (a) and to persons pursuant to sub.
(2) (b) and (d).
In publishing this information on the department’s website, the department may not identify any animal testing facility or breeder making a transfer or other information except the aggregated total number of transfers.
(4) PENALTY.
(a) A person who violates sub.
(2) shall be subject to a forfeiture not to exceed $5,000.
(2) as it relates to a single dog or cat isand each violation of the reporting requirement as it relates to a separatesingle offense.dog or cat under sub.
(b)(3) Nothingis ina thisseparate subsectionoffense. imposes liability on, or constitutes acceptance of responsibility by, the state, its agencies, and the officers and employees of the state or its agencies.
S(b) ECTIONNothing 2.in this subsection shall be construed to impose or accept any liability or responsibility by the state, its agencies, and the officers and employees of the state or its agencies.
InitialEND applicability.)
(1) The treatment of s.
173.44 (3) (b) and (d) first applies in 2027 for information applicable to the 2026 calendar year.
(END)