Wisconsin Legislature: AB567,4,5

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) Fee. 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:

AB567,5,2

11. The number of dogs at the locations at which the person is engaged in the
2business of dog breeding on the date on which the report is prepared.

AB567,5,33 2. The number of dogs that the person sold in the preceding calendar year.

AB567,5,54 3. The number of dogs that the person sold for which a purchaser received a
5remedy under s. 173.37 (5) during the preceding calendar year.

AB567,5,106 (b) If an annual report under par. (a) for a commercial dog breeder shows that
7the number of dogs under par. (a) 3. is 15 percent or more of the number of dogs under
8par. (a) 2., the department shall revoke the commercial dog breeder's license under
9sub. (2) and the commercial dog breeder is ineligible for a license for 12 months from
10the date of revocation.

AB567,5,13 11(5) Purchase for retail sale. No person who sells dogs at retail may purchase
12a dog from a commercial dog breeder if the person knows that the commercial dog
13breeder is not licensed under sub. (2).

AB567,5,15 14(6) Rules. The department shall promulgate rules that specify all of the
15following:

AB567,5,1716 (a) Minimum standards for facilities at which commercial dog breeders
17operate.

AB567,5,1918 (b) Minimum requirements for humane care to be provided by commercial dog
19breeders.

AB567,5,2120 (c) Requirements relating to the transportation of dogs by commercial dog
21breeders.

AB567,5,2222 (d) Minimum ages for the sale of puppies by commercial dog breeders.

AB567,5,2423 (e) Requirements relating to space and opportunity for exercise to be provided
24to dogs by commercial dog breeders.

AB567,5,2525 (f) Requirements for record keeping by commercial dog breeders.

AB567,6,3

1(g) Reinspection fees, designed not to exceed the cost of performing a
2reinspection, to be charged when an inspection by the department under sub. (8)
3reveals conditions that require correction and reinspection.

AB567,6,44 (h) Grounds for revocation of licenses issued under sub. (2).

AB567,6,8 5(7) Investigations. If a local law enforcement agency receives a complaint
6alleging a violation of this section or otherwise has reason to believe that a violation
7has occurred, the local law enforcement agency may conduct an investigation and
8report its findings to the department.

AB567,6,15 9(8) Inspections. The department may inspect a facility for the purpose of
10determining compliance with this section only after receiving a report under sub. (7)
11or a complaint from an individual alleging a violation of this section. The department
12may charge a person whose facility is inspected under this subsection for the costs
13of conducting the inspection only if the inspection reveals a violation of this section.
14The department may reinspect a facility if an inspection reveals conditions that
15require correction and may charge the fee under sub. (6) (g) for the reinspection.

AB567,6,18 16(9) Penalties. (a) A person who violates this section or a rule promulgated
17under this section or who falsifies information on an application for a license under
18sub. (2) or on an annual report under sub. (4) is subject to the following penalties:

AB567,6,1919 1. For a 1st offense, a forfeiture of not more than $3,000.

AB567,6,2220 2. For a 2nd offense committed 365 days or more after conviction for a 1st
21offense, a fine of not more than $5,000 or imprisonment for not more than 30 days
22or both.

AB567,6,2523 3. For a 2nd offense committed fewer than 365 days after conviction for a 1st
24offense, for a 3rd offense, or for a subsequent offense, a fine of not more than $10,000
25or imprisonment for not more than 90 days or both.

AB567,7,6

1(b) 1. If a commercial dog breeder convicted of a 1st or 2nd violation under par.
2(a) does not have a license under sub. (2), the commercial dog breeder is ineligible for
3a license for 12 months following the conviction. If a commercial dog breeder
4convicted of a 1st or 2nd violation under par. (a) has a license under sub. (2), the
5department shall revoke the license and the commercial dog breeder is ineligible for
6a new license for 12 months after the conviction.

AB567,7,117 2. If a commercial dog breeder convicted of a 3rd violation under par. (a) does
8not have a license under sub. (2), the commercial dog breeder is permanently
9ineligible for a license. If a commercial dog breeder convicted of a 3rd violation under
10par. (a) has a license under sub. (2), the department shall revoke the license and the
11commercial dog breeder is permanently ineligible for a new license.

AB567, s. 4 12Section 4. 173.37 of the statutes is created to read:

AB567,7,13 13173.37 Protection for purchasers of dogs. (1) Definitions. In this section:

AB567,7,1414 (a) "Commercial dog breeder" has the meaning given in s. 173.35 (1) (c).

AB567,7,1515 (b) "Covered dog" means one of the following:

AB567,7,1616 1. A dog sold to a purchaser by a commercial dog breeder.

AB567,7,1817 2. A dog sold to a purchaser by a person other than a commercial dog breeder
18if the dog is not more than 18 months of age at the time of sale.

AB567,7,1919 (c) "Purchaser" means a person who buys a dog as a pet.

AB567,7,2020 (d) "Seller" means a person who sells a dog as a pet.

AB567,7,2121 (e) "Unfit for sale" means either of the following:

AB567,7,2322 1. Having a condition that is congenital or hereditary and that severely affects
23the health of the dog.

AB567,8,3

12. Having an injury, defect, or illness that was obvious or able to be diagnosed
2before the purchaser received the dog from the seller or that is likely to have been
3acquired before the purchaser received the dog from the seller.

AB567,8,5 4(2) Information for purchasers. (a) When a person sells a dog as a pet, the
5person shall provide all of the following to the purchaser, in writing:

AB567,8,76 1. A description of any vaccinations and any treatments for parasites that the
7dog has received.

AB567,8,98 2. A description of the remedies under this section for the sale of a dog that is
9unfit for sale.

AB567,8,1210 (b) A person who sells a dog as a pet shall obtain the signature of the purchaser
11on a copy of the document under par. (a) 2. containing the written description of
12remedies and retain a copy of the signed document for inspection by the department.

AB567,8,1513 (c) When a person sells a dog for resale as a pet, the person shall provide the
14buyer with a written description of any vaccinations and any treatments for
15parasites that the dog has received.

AB567,8,17 16(3) Right to remedy. A purchaser of a covered dog is entitled to a remedy
17specified under sub. (4) if any of the following applies:

AB567,8,2218 (a) The dog dies before the 366th day after the day on which the purchaser
19received the dog from the seller, a veterinarian certifies that the dog was unfit for sale
20due to a condition that is congenital or hereditary, and, if the seller complied with
21sub. (2) (a) 2. and (b), the purchaser presents the certification to the seller before the
22373rd day after the day on which the purchaser received the dog from the seller.

AB567,9,323 (b) The dog shows symptoms, before the 366th day after the day on which the
24purchaser received the dog from the seller, of a condition that is congenital or
25hereditary, a veterinarian certifies that the dog was unfit for sale due to that

1condition, and, if the seller complied with sub. (2) (a) 2. and (b), the purchaser
2presents the certification to the seller before the 373rd day after the day on which
3the purchaser received the dog from the seller.

AB567,9,84 (c) The dog dies before the 15th day after the day on which the purchaser
5received the dog from the seller, a veterinarian certifies that the dog was unfit for
6sale, and, if the seller complied with sub. (2) (a) 2. and (b), the purchaser presents the
7certification to the seller before the 22nd day after the day on which the purchaser
8received the dog from the seller.

AB567,9,149 (d) The dog dies before the 15th day after the day on which the purchaser
10received the dog from the seller, a veterinarian certifies that the dog died from causes
11other than an accident or injury suffered after the purchaser received the dog from
12the seller, and, if the seller complied with sub. (2) (a) 2. and (b), the purchaser
13presents the certification to the seller before the 22nd day after the day on which the
14purchaser received the dog from the seller.

AB567,9,2015 (e) The dog shows symptoms of a an injury, defect, or illness before the 15th day
16after the day on which the purchaser received the dog from the seller, a veterinarian
17certifies that the dog was unfit for sale due to the injury, defect, or illness, and, if the
18seller complied with sub. (2) (a) 2. and (b), the purchaser presents the certification
19to the seller before the 22nd day after the day on which the purchaser received the
20dog from the seller.

AB567,9,22 21(4) Certification. A certification from a veterinarian satisfies the
22requirements under sub. (3) if it contains all of the following:

AB567,9,2323 (a) The name of the purchaser.

AB567,9,2424 (b) The date or dates on which the veterinarian examined the dog.

AB567,9,2525 (c) The dog's breed, color, sex, and age.

AB567,10,2

1(d) A statement of the veterinarian's findings concerning the condition of the
2dog.

AB567,10,33 (e) If the dog died, a statement of the probable cause of death.

AB567,10,74 (f) A statement that at the time of sale the dog was unfit for sale or, if the dog
5died before the 15th day after the day on which the purchaser received the dog, that
6the dog died from a cause other than an accident or injury suffered after the
7purchaser received the dog from the seller.