Amendment ASA1-AB567

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2007 - 2008 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 2007 ASSEMBLY BILL 567

November 27, 2007 - Offered by Representative Lothian.

AB567-ASA1,1,4 An Act to amend 20.115 (2) (j) and 93.20 (1); and to create 173.35 and 173.37 of the statutes; relating to: the sale of dogs, regulation of certain dog breeders, granting rule-making authority, making an appropriation, and providing a penalty.

Analysis by the Legislative Reference Bureau

Licensing of commercial dog breeders

This substitute amendment 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 sells 50 dogs in a year.

The substitute amendment 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 substitute amendment 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.

Information for purchasers

This substitute amendment 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 substitute amendment also requires a person who sells a dog to provide a written description of the remedies provided to purchasers under the substitute amendment.

The substitute amendment allows a person who sells a dog as a pet to give the purchaser a written description of any congenital or hereditary conditions that are specific to the dog's breed or of any injury, defect, or illness that the dog has.

Remedies for purchasers

This substitute amendment 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, a humane society, or a rescue group, the dog is not more than 12 months old when purchased. A purchaser of such a dog (covered dog) is generally entitled to a remedy if any of the following happens:

1. The dog dies within 12 months of purchase; a veterinarian certifies that the dog had a congenital or hereditary condition that severely affected the health of the dog and that the purchaser did not cause the death; and the death was not caused by a condition that the seller disclosed in advance.

2. Within 12 months of purchase, the dog shows symptoms of a congenital or hereditary condition that severely affects the health of dogs; a veterinarian certifies that the dog has that condition; and the seller did not disclose the condition in advance.

3. The dog dies within two weeks of purchase; 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 and that the purchaser did not cause the death; and the death was not caused by an injury, defect, or illness that the seller disclosed in advance.

4. The dog dies within two weeks of purchase; a veterinarian certifies that the dog died from causes other than accident, injury, or communicable disease suffered after the purchaser received the dog and that the dog's death was not caused by an action or inaction of the purchaser; and the death was not caused by an injury, defect, or illness that the seller disclosed in advance.

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; a veterinarian certifies that the dog has that injury, defect, or illness; and the seller did not disclose the injury, defect, or illness in advance.

The substitute amendment allows a seller who receives a certification to request the purchaser to allow a veterinarian chosen by the seller to examine the dog or, if the dog is dead, to conduct an autopsy on the dog at the seller's expense. A purchaser who does not comply with a request is not entitled to a remedy.

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 if one is available, 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.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB567-ASA1, s. 1 Section 1. 20.115 (2) (j) of the statutes is amended to read:

AB567-ASA1,3,7 20.115 (2) (j) Dog licenses, rabies control, and related services. All moneys received under ss. 95.21 (9) (c), 173.27, 173.35, and 174.09 (1) and (3), to provide dog license tags and forms under s. 174.07 (2), to perform other program responsibilities under ch. 174, to administer the rabies control program under s. 95.21, to help administer the rabies control media campaign, and to carry out activities under s. 93.07 (11) and ch. 173.

AB567-ASA1, s. 2 Section 2. 93.20 (1) of the statutes is amended to read:

AB567-ASA1,3,11 93.20 (1) Definition. In this section, "action" means an action that is commenced in court by, or on behalf of, the department of agriculture, trade and consumer protection to enforce chs. 88, 91 to 100 or, 126, or 173.

AB567-ASA1, s. 3 Section 3. 173.35 of the statutes is created to read:

AB567-ASA1,4,2 173.35 Regulation of commercial dog breeders. (1) Definitions. In this section:

AB567-ASA1,4,5 (a) "Adequate food" means wholesome food that is accessible to an animal, is appropriate for the type of animal, and is sufficient in amount to maintain the animal in good health.

AB567-ASA1,4,7 (b) "Adequate water" means potable water that is accessible to an animal and is sufficient in amount to maintain the animal in good health.

AB567-ASA1,4,10 (c) "Commercial dog breeder" means a person who is engaged in the business of breeding dogs and who either sells or offers to sell at least 50 dogs in a year, except that "commercial dog breeder" does not include a humane society or rescue group.

AB567-ASA1,4,13 (d) "Humane care" includes the provision of adequate heating, cooling, ventilation, sanitation, shelter, and medical care consistent with the normal requirements of an animal's size and breed, adequate food, and adequate water.

AB567-ASA1,4,17 (2) License. (a) No person may act as a commercial dog breeder without an annual license from the department. A person shall obtain a license under this subsection for each separate location at which the person is engaged in the business of dog breeding.

AB567-ASA1,4,22 (b) The department may not issue a license to a person under this subsection unless the person submits an application that includes an affidavit stating that the person complies with the rules under sub. (6) (a) to (f) and includes evidence satisfactory to the department that the person holds a current seller's permit under s. 77.52 (9).

AB567-ASA1,4,23 (3) Fee. The fee for a license under sub. (2) is as follows:

AB567-ASA1,4,24 (a) For a person who sells or offers to sell fewer than 100 dogs in a year, $75.

AB567-ASA1,5,2 (b) For a person who sells or offers to sell at least 100 but fewer than 150 dogs in a year, $100.

AB567-ASA1,5,3 (c) For a person who sells or offers to sell at least 150 dogs in a year, $125.

AB567-ASA1,5,5 (4) Annual report. (a) Annually, a person holding a license under sub. (2) shall submit to the department a report that includes all of the following information:

AB567-ASA1,5,7 1. The number of dogs at the locations at which the person is engaged in the business of dog breeding on the date on which the report is prepared.

AB567-ASA1,5,8 2. The number of dogs that the person sold in the preceding calendar year.

AB567-ASA1,5,10 3. The number of dogs that the person sold for which a purchaser received a remedy under s. 173.37 (5) during the preceding calendar year.

AB567-ASA1,5,15 (b) If an annual report under par. (a) for a commercial dog breeder shows that the number of dogs under par. (a) 3. is 15 percent or more of the number of dogs under par. (a) 2., the department shall revoke the commercial dog breeder's license under sub. (2) and the commercial dog breeder is ineligible for a license for 12 months from the date of revocation.

AB567-ASA1,5,18 (5) Purchase for retail sale. No person who sells dogs at retail may purchase a dog from a commercial dog breeder if the person knows that the commercial dog breeder is not licensed under sub. (2).

AB567-ASA1,5,20 (6) Rules. The department shall promulgate rules that specify all of the following:

AB567-ASA1,5,22 (a) Minimum standards for facilities at which commercial dog breeders operate.

AB567-ASA1,5,24 (b) Minimum requirements for humane care to be provided by commercial dog breeders.

AB567-ASA1,6,2 (c) Requirements relating to the transportation of dogs by commercial dog breeders.

AB567-ASA1,6,3 (d) Minimum ages for the sale of puppies by commercial dog breeders.

AB567-ASA1,6,5 (e) Requirements relating to space and opportunity for exercise to be provided to dogs by commercial dog breeders.

AB567-ASA1,6,6 (f) Requirements for record keeping by commercial dog breeders.

AB567-ASA1,6,9 (g) Reinspection fees, designed not to exceed the cost of performing a reinspection, to be charged when an inspection by the department under sub. (8) reveals conditions that require correction and reinspection.

AB567-ASA1,6,10 (h) Grounds for revocation of licenses issued under sub. (2).

AB567-ASA1,6,14 (7) Investigations. If a local law enforcement agency receives a complaint alleging a violation of this section or otherwise has reason to believe that a violation has occurred, the local law enforcement agency may conduct an investigation and report its findings to the department.

AB567-ASA1,6,21 (8) Inspections. The department may inspect a facility for the purpose of determining compliance with this section only after receiving a report under sub. (7) or a complaint from an individual alleging a violation of this section. The department may charge a person whose facility is inspected under this subsection for the costs of conducting the inspection only if the inspection reveals a violation of this section. The department may reinspect a facility if an inspection reveals conditions that require correction and may charge the fee under sub. (6) (g) for the reinspection.

AB567-ASA1,6,24 (9) Penalties. (a) A person who violates this section or a rule promulgated under this section or who falsifies information on an application for a license under sub. (2) or on an annual report under sub. (4) is subject to the following penalties:

AB567-ASA1,6,25 1. For a 1st offense, a forfeiture of not more than $3,000.