SB308,5,33 2. The number of dogs that the person sold in the preceding calendar year.

SB308,5,54 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.

SB308,5,106 (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.

SB308,5,13 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).

SB308,5,15 14(6) Rules. The department shall promulgate rules that specify all of the
15following:

SB308,5,1716 (a) Minimum standards for facilities at which commercial dog breeders
17operate.

SB308,5,1918 (b) Minimum requirements for humane care to be provided by commercial dog
19breeders.

SB308,5,2120 (c) Requirements relating to the transportation of dogs by commercial dog
21breeders.

SB308,5,2222 (d) Minimum ages for the sale of puppies by commercial dog breeders.

SB308,5,2423 (e) Requirements relating to space and opportunity for exercise to be provided
24to dogs by commercial dog breeders.

SB308,5,2525 (f) Requirements for record keeping by commercial dog breeders.

SB308,6,3

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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.

SB308,6,44 (h) Grounds for revocation of licenses issued under sub. (2).

SB308,6,8 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.

SB308,6,15 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.

SB308,6,18 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:

SB308,6,1919 1. For a 1st offense, a forfeiture of not more than $3,000.

SB308,6,2220 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.

SB308,6,2523 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.

SB308,7,6

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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.

SB308,7,117 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.

SB308,7,13 13173.37 Protection for purchasers of dogs. (1) Definitions. In this section:

SB308,7,1414 (a) "Commercial dog breeder" has the meaning given in s. 173.35 (1) (c).

SB308,7,1515 (b) "Covered dog" means one of the following:

SB308,7,1616 1. A dog sold to a purchaser by a commercial dog breeder.

SB308,7,1817 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.

SB308,7,1919 (c) "Purchaser" means a person who buys a dog as a pet.

SB308,7,2020 (d) "Seller" means a person who sells a dog as a pet.

SB308,7,2121 (e) "Unfit for sale" means either of the following:

SB308,7,2322 1. Having a condition that is congenital or hereditary and that severely affects
23the health of the dog.

SB308,8,3

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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.

SB308,8,5 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:

SB308,8,76 1. A description of any vaccinations and any treatments for parasites that the
7dog has received.

SB308,8,98 2. A description of the remedies under this section for the sale of a dog that is
9unfit for sale.

SB308,8,1210 (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.

SB308,8,1513 (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.

SB308,8,17 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:

SB308,8,2218 (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.

SB308,9,323 (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

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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.

SB308,9,84 (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.

SB308,9,149 (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.

SB308,9,2015 (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.

SB308,9,22 21(4) Certification. A certification from a veterinarian satisfies the
22requirements under sub. (3) if it contains all of the following:

SB308,9,2323 (a) The name of the purchaser.

SB308,9,2424 (b) The date or dates on which the veterinarian examined the dog.

SB308,9,2525 (c) The dog's breed, color, sex, and age.

SB308,10,2

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

SB308,10,33 (e) If the dog died, a statement of the probable cause of death.

SB308,10,74 (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.

SB308,10,98 (g) An itemized statement of the veterinary fees incurred for examination and
9treatment of the dog as of the date of certification.

SB308,10,1110 (h) If the dog did not die and may be curable, an estimate of the cost of
11attempting to cure the dog.

SB308,10,1212 (i) The name and address of the veterinarian and the date of the certification.

SB308,10,14 13(5) Remedies available. (a) A purchaser who is entitled under sub. (3) to a
14remedy due to the death of a covered dog may obtain all of the following:

SB308,10,1615 1. A full refund of the amount that the purchaser paid for the dog, including
16sales tax, or another dog of equivalent value that is selected by the purchaser.

SB308,10,1817 2. Reimbursement for veterinary fees incurred with respect to the dog, subject
18to par. (c).

SB308,10,2119 (b) A purchaser who is entitled under sub. (3) to a remedy due to the injury,
20defect, or illness of the dog may do one of the following, as determined by the
21purchaser:

SB308,10,2422 1. Return the dog and receive a full refund of the amount that the purchaser
23paid for the dog, including sales tax, and reimbursement for veterinary fees incurred
24with respect to the dog, subject to par. (c).

SB308,11,3

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12. Retain the dog and receive reimbursement for veterinary fees incurred with
2respect to the dog plus the future cost of veterinary fees for curing or attempting to
3cure the dog, as estimated in the veterinarian's certification, subject to par. (c).

SB308,11,64 3. Return the dog and receive another dog of equivalent value that is selected
5by the purchaser plus reimbursement for veterinary fees incurred with respect to the
6dog, subject to par. (c).

SB308,11,97 (c) The total amount of reimbursement for past and future veterinary fees
8under this subsection is limited to twice the amount that the purchaser paid for the
9dog, including sales tax.

SB308,11,14 10(6) Procedure. (a) When a purchaser presents a certification that complies
11with sub. (4) to a seller, the purchaser shall notify the seller of the purchaser's choice
12of remedy. The seller shall prepare a document confirming the choice to be signed
13by the seller and the purchaser. The seller shall give a copy of the confirmation to
14the purchaser and shall retain a copy of the document.

SB308,11,1715 (b) A seller that receives a veterinarian's certification and a confirmation of
16choice of remedy shall provide the purchaser with the chosen remedy no later than
17the 10th day after the day of receipt.

SB308,11,2118 (c) A purchaser entitled to a remedy under sub. (3) has a cause of action against
19a seller who fails to comply with pars. (a) and (b). The court shall award a consumer
20who prevails in such an action twice the amount of damages, together with costs
21including reasonable attorney fees, notwithstanding s. 814.04 (1).

SB308,12,2 22(7) Recourse for seller. A person who sold a dog to a seller is liable to the
23seller if the seller provides a remedy under sub. (5) to the purchaser of the dog and
24the dog had a condition that is congenital or hereditary and that severely affects the
25health of the dog or the dog had an injury, defect, or illness that was obvious, able to

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1be diagnosed, or likely to have been acquired before the person sold the dog to the
2seller.

SB308,12,6 3(8) Rules. The department shall promulgate rules for the administration of
4this section, including rules specifying the information that a seller must provide
5under sub. (2) (a) 2. and the form for confirming the choice of remedies under sub.
6(6) (a).

SB308,12,8 7(9) Penalties. (a) A person who sells a dog that is unfit for sale knowing that
8the dog is unfit for sale is subject to the following penalties:

SB308,12,99 1. For a first offense, a forfeiture of not more than $3,000.

SB308,12,1210 2. For a second offense committed 365 days or more after conviction for a first
11offense, a fine of not more than $5,000 or imprisonment for not more than 30 days
12or both.

SB308,12,1513 3. For a second offense committed fewer than 365 days after conviction for a
14first offense, for a third offense, or for a subsequent offense, a fine of not more than
15$10,000 or imprisonment for not more than 90 days or both.

SB308,12,1616 (b) A person who violates sub. (2) is subject to a forfeiture of not more than $500.