Section 95.71. Animal truckers.

 

(1)   Definitions. In this section:

(dm) “Animal transport vehicle" means any vehicle used to transport livestock or wild animals.

(e) “Animal trucker" means a person engaged in the business of transporting for hire, by means of an animal transport vehicle, livestock and wild animals, except that “animal trucker" does not include an animal trucker employee.

(f) “Animal trucker employee" means the employee of a person who holds an animal trucker license if the employee, in the name of the licensed animal trucker, operates an animal transport vehicle which is registered by the animal trucker and on which the name and the business address of the licensed animal trucker are prominently displayed.

(h) “Livestock" has the meaning given in s. 95.68 (1) (d) .

(i) “Wild animal" has the meaning given in s. 95.68 (1) (g) .

(2)   License. No person may operate as an animal trucker without an annual license issued by the department. An animal trucker license authorizes an animal trucker to operate only those animal transport vehicles that are registered by the animal trucker under sub. (4) . A license expires on June 30 annually. An animal trucker license is not transferable.

(3)   Application. An application for an animal trucker license under sub. (2) shall be made on a form provided by the department. The application shall include information reasonably required by the department for licensing purposes. As part of the application, the applicant shall register every animal transport vehicle operated by the applicant as provided under sub. (4) . An application shall be accompanied by the applicable fees and surcharges required under subs. (5) and (6) .

(4)   Animal transport vehicle registration. No animal trucker may operate an animal transport vehicle unless the animal transport vehicle is registered with the department in the name of the animal trucker. The animal transport vehicle shall be registered on a form provided by the department. The registration shall include a description and the serial number of the animal transport vehicle.

(5)   License fee; registration fee; reinspection fee.

(a) The department shall, by rule, specify the fee for an animal trucker license issued under this section.

(b) The department shall, by rule, specify the fee to be paid for each animal transport vehicle registered under sub. (4) . If during any license year an animal trucker registers an animal transport vehicle that was not registered with the animal trucker's annual license application under sub. (3) , the animal trucker shall pay the fee required under this paragraph at the time of registration.

(c)

1. If the department reinspects an animal trucker operation because the department has found a violation of this chapter or rules promulgated under this chapter, the department shall charge the animal trucker the reinspection fee specified under subd. 2.

2. The department shall specify the reinspection fee to be charged under subd. 1. by rule. The reinspection fee may not exceed the reasonable costs to reinspect the animal trucker operation. The department may specify different reinspection fees for different animal trucker operations.

3. A reinspection fee under this paragraph is payable when the reinspection is completed, and is due upon written demand from the department. The department may issue a demand for payment when it issues a license renewal application form to the animal trucker.

(6)   Surcharge and past fees.

(a) An applicant for an animal trucker license shall pay a license fee surcharge of $100 if the department determines that within 365 days prior to submitting the license application the applicant did any of the following:

1. Operated as an animal trucker without a license in violation of sub. (2) .

1m. Operated as a livestock trucker, as defined in s. 95.71 (1) (e) , 1999 stats., without a license in violation of s. 95.71 (2) , 1999 stats.

2. Operated an unregistered animal transport vehicle in violation of sub. (4) .

2m. Operated an unregistered livestock vehicle, as defined in s. 95.71 (1) (g) , 1999 stats., in violation of s. 95.71 (4) , 1999 stats.

(b) In addition to the surcharge under par. (a) , an applicant for a license under sub. (2) shall pay the fees due for the year in which the applicant was in violation.

(c) The payment of the surcharge and fees under this subsection does not relieve the applicant of other civil or criminal liability that may result from the failure to obtain a license or to register a vehicle but does not constitute evidence of a violation of a law.

(7)   License contingent on fees. The department may not issue or renew a license under sub. (2) unless the license applicant pays all fees and surcharges that are due under subs. (5) and (6) . The department shall refund a fee or surcharge paid under protest if the department determines that the fee or surcharge was not due as a condition of licensing under this section. If a fee or surcharge is paid by check, a license issued in reliance upon that check is void if the check is not honored.

(8)   Rules. The department may promulgate rules to regulate animal truckers, including rules related to animal trucker qualifications, construction and maintenance of animal transport vehicles, identification of animal transport vehicles, disease sanitation, humane treatment of animals, identification of animals, record keeping, reports to the department and compliance with applicable financial security requirements under state or federal law.

(9)   Penalties. A person conducting a business regulated by this section after revocation of his or her license shall be fined not less than $500 nor more than $1,000 or imprisoned not to exceed 6 months or both.

1993 a. 16 ; 2001 a. 56 , 105 ; 2009 a. 28 . Cross-reference: See also ch. ATCP 12 , Wis. adm. code.