LRB-2829/3
RCT:lmk&kjf:nwn
2007 - 2008 LEGISLATURE
November 6, 2007 - Introduced by Representatives Lothian, Sinicki, Albers,
Berceau, Bies, Black, Cullen, Grigsby, Hahn, Hebl, Jorgensen, Kaufert,
Kerkman, Newcomer, J. Ott, Pridemore, Smith, Van Roy and Turner,
cosponsored by Senators Plale, Darling, Kreitlow, Carpenter, Cowles,
Lassa, Lazich, Lehman, Olsen, Risser, Roessler, Sullivan and Wirch.
Referred to Committee on Consumer Protection and Personal Privacy.
AB567,1,4
1An Act to amend 20.115 (2) (j) and 93.20 (1); and
to create 173.35 and 173.37
2of the statutes;
relating to: the sale of dogs, regulation of certain dog breeders,
3granting rule-making authority, making an appropriation, and providing a
4penalty.
Analysis by the Legislative Reference Bureau
Licensing of commercial dog breeders
This bill requires certain persons who breed and sell dogs (commercial dog
breeders) to be licensed by the Department of Agriculture, Trade and Consumer
Protection (DATCP). The licensing requirement applies to a person who is engaged
in the business of breeding dogs and either sells 60 dogs in a year or has at least eight
breeding female dogs.
The bill requires DATCP to promulgate rules setting minimum standards for
facilities at which commercial dog breeders operate and that specify requirements
for humane care to be provided by commercial dog breeders. To obtain a license a
commercial dog breeder must have a seller's permit issued by the Department of
Revenue and must submit an affidavit stating that the commercial dog breeder
complies with DATCP's rules.
The bill prohibits a person who sells dogs at retail from purchasing a dog from
a commercial dog breeder if the person knows that the commercial dog breeder is not
licensed.
A person who violates the requirements concerning licensure or who violates
DATCP's rules is subject to a forfeiture (a civil monetary penalty) for a first or second
offense and criminal penalties (a fine or imprisonment, or both) for a third or
subsequent offense. A person convicted of a third offense is permanently barred from
licensure as a commercial dog breeder.
Remedies for purchasers
This bill provides remedies for a person who buys a dog as a pet (purchaser) if
the purchaser buys the dog from a commercial dog breeder or, if the purchaser buys
the dog from someone who is not a commercial dog breeder, the dog is not more than
18 months old when purchased. A purchaser of such a dog (covered dog) is entitled
to a remedy if any of the following happens:
1. The dog dies within 12 months of purchase and a veterinarian certifies that
the dog had a congenital or hereditary condition that severely affected the health of
the dog.
2. Within 12 months of purchase, the dog shows symptoms of a congenital or
hereditary condition that severely affects the health of dogs and a veterinarian
certifies that the dog has that condition.
3. The dog dies within two weeks of purchase and a veterinarian certifies that
the dog had an injury, defect, or illness that was obvious or able to be diagnosed before
the purchaser received the dog or that is likely to have been acquired before the
purchaser received the dog.
4. The dog dies within two weeks of purchase and a veterinarian certifies that
the dog died from causes other than accident or injury suffered after the purchaser
received the dog.
5. Within two weeks of purchase, the dog shows symptoms of an injury, defect,
or illness that was obvious or able to be diagnosed before the purchaser received the
dog or that is likely to have been acquired before the purchaser received the dog and
a veterinarian certifies that the dog has that injury, defect, or illness.
A purchaser who is entitled to remedies because of the death of a covered dog
may obtain a refund of the purchase price and reimbursement of veterinary fees. A
purchaser who is entitled to remedies because of the injury, defect, or illness of a
covered dog may do any of the following:
1. Return the dog and obtain a refund of the purchase price and reimbursement
of veterinary fees.
2. Return the dog, receive another dog of equivalent value, and obtain
reimbursement of veterinary fees.
3. Keep the dog and obtain reimbursement of veterinary fees plus the estimated
future cost of veterinary fees for attempting to cure the dog.
In each situation, the total amount of reimbursement for past and future
veterinary fees is limited to twice the purchase price of the dog.
If a seller fails to provide the remedies to which a buyer is entitled, the buyer
may sue the seller and recover double the amount of his or her damages plus attorney
fees.
Information for purchasers
This bill requires each person who sells a dog as a pet, or for resale as a pet, to
provide a written description of any vaccinations and any treatment for parasites
that the dog has received. The bill also requires a person who sells a covered dog to
provide a written description of the remedies provided to purchasers under the bill.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB567, s. 1
1Section
1. 20.115 (2) (j) of the statutes is amended to read:
AB567,3,72
20.115
(2) (j)
Dog licenses, rabies control, and related services. All moneys
3received under ss. 95.21 (9) (c), 173.27,
173.35, and 174.09 (1) and (3), to provide dog
4license tags and forms under s. 174.07 (2), to perform other program responsibilities
5under ch. 174, to administer the rabies control program under s. 95.21, to help
6administer the rabies control media campaign, and to carry out activities under s.
793.07 (11) and ch. 173.
AB567, s. 2
8Section
2. 93.20 (1) of the statutes is amended to read:
AB567,3,119
93.20
(1) Definition. In this section, "action" means an action that is
10commenced in court by, or on behalf of, the department of agriculture, trade and
11consumer protection to enforce chs. 88, 91 to 100
or, 126
, or 173.
AB567, s. 3
12Section
3. 173.35 of the statutes is created to read:
AB567,3,14
13173.35 Regulation of commercial dog breeders. (1) Definitions. In this
14section:
AB567,3,1715
(a) "Adequate food" means wholesome food that is accessible to an animal, is
16appropriate for the type of animal, and is sufficient in amount to maintain the animal
17in good health.
AB567,4,2
1(b) "Adequate water" means potable water that is accessible to an animal and
2is sufficient in amount to maintain the animal in good health.
AB567,4,53
(c) "Commercial dog breeder" means a person who is engaged in the business
4of breeding dogs and who either sells or offers to sell at least 60 dogs in a year or has
5at least 8 breeding female dogs.
AB567,4,86
(d) "Humane care" includes the provision of adequate heating, cooling,
7ventilation, sanitation, shelter, and medical care consistent with the normal
8requirements of an animal's size and breed, adequate food, and adequate water.
AB567,4,12
9(2) License. (a) No person may act as a commercial dog breeder without an
10annual license from the department. A person shall obtain a license under this
11subsection for each separate location at which the person is engaged in the business
12of dog breeding.
AB567,4,1713
(b) The department may not issue a license to a person under this subsection
14unless the person submits an application that includes an affidavit stating that the
15person complies with the rules under sub. (6) (a) to (f) and includes evidence
16satisfactory to the department that the person holds a current seller's permit under
17s. 77.52 (9).
AB567,4,18
18(3) F
ee. The fee for a license under sub. (2) is as follows:
AB567,4,1919
(a) For a person who sells or offers to sell fewer than 100 dogs in a year, $75.
AB567,4,2120
(b) For a person who sells or offers to sell at least 100 but fewer than 150 dogs
21in a year, $100.
AB567,4,2222
(c) For a person who sells or offers to sell at least 150 dogs in a year, $125.
AB567,4,24
23(4) Annual report. (a) Annually, a person holding a license under sub. (2) shall
24submit to the department a report that includes all of the following information:
