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2007 - 2008 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO 2007 SENATE BILL 308
November 26, 2007 - Offered by Senator Plale.
SB308-SSA1,1,4
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 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:
SB308-SSA1,3,72
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.
SB308-SSA1,3,119
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.
SB308-SSA1,4,2
1173.35 Regulation of commercial dog breeders. (1) Definitions. In this
2section:
SB308-SSA1,4,53
(a) "Adequate food" means wholesome food that is accessible to an animal, is
4appropriate for the type of animal, and is sufficient in amount to maintain the animal
5in good health.
SB308-SSA1,4,76
(b) "Adequate water" means potable water that is accessible to an animal and
7is sufficient in amount to maintain the animal in good health.
SB308-SSA1,4,108
(c) "Commercial dog breeder" means a person who is engaged in the business
9of breeding dogs and who either sells or offers to sell at least 50 dogs in a year, except
10that "commercial dog breeder" does not include a humane society or rescue group.
SB308-SSA1,4,1311
(d) "Humane care" includes the provision of adequate heating, cooling,
12ventilation, sanitation, shelter, and medical care consistent with the normal
13requirements of an animal's size and breed, adequate food, and adequate water.
SB308-SSA1,4,17
14(2) License. (a) No person may act as a commercial dog breeder without an
15annual license from the department. A person shall obtain a license under this
16subsection for each separate location at which the person is engaged in the business
17of dog breeding.
SB308-SSA1,4,2218
(b) The department may not issue a license to a person under this subsection
19unless the person submits an application that includes an affidavit stating that the
20person complies with the rules under sub. (6) (a) to (f) and includes evidence
21satisfactory to the department that the person holds a current seller's permit under
22s. 77.52 (9).
SB308-SSA1,4,23
23(3) F
ee. The fee for a license under sub. (2) is as follows:
SB308-SSA1,4,2424
(a) For a person who sells or offers to sell fewer than 100 dogs in a year, $75.
SB308-SSA1,5,2
1(b) For a person who sells or offers to sell at least 100 but fewer than 150 dogs
2in a year, $100.
SB308-SSA1,5,33
(c) For a person who sells or offers to sell at least 150 dogs in a year, $125.
SB308-SSA1,5,5
4(4) Annual report. (a) Annually, a person holding a license under sub. (2) shall
5submit to the department a report that includes all of the following information:
SB308-SSA1,5,76
1. The number of dogs at the locations at which the person is engaged in the
7business of dog breeding on the date on which the report is prepared.
SB308-SSA1,5,88
2. The number of dogs that the person sold in the preceding calendar year.
SB308-SSA1,5,109
3. The number of dogs that the person sold for which a purchaser received a
10remedy under s. 173.37 (5) during the preceding calendar year.
SB308-SSA1,5,1511
(b) If an annual report under par. (a) for a commercial dog breeder shows that
12the number of dogs under par. (a) 3. is 15 percent or more of the number of dogs under
13par. (a) 2., the department shall revoke the commercial dog breeder's license under
14sub. (2) and the commercial dog breeder is ineligible for a license for 12 months from
15the date of revocation.
SB308-SSA1,5,18
16(5) Purchase for retail sale. No person who sells dogs at retail may purchase
17a dog from a commercial dog breeder if the person knows that the commercial dog
18breeder is not licensed under sub. (2).
SB308-SSA1,5,20
19(6) Rules. The department shall promulgate rules that specify all of the
20following: