SB-308/AB-567:  "Wisconsin Dog Purchaser Protection Act"

    Overall Problems      "Lemon Law" Flaw   

       November 2007: The "Wisconsin Dog Purchaser Protection Act," was introduced in the WI legislature and marketed as the answer to Wisconsin's puppy mill problems. Perhaps it was rightly titled as it appeared to be more a consumer protection bill than one that would help end the misery, suffering, abuse and neglect of animals in Wisconsin's Puppy Mills.

The Wisconsin Puppy Mill Project
Wisconsin Federated Humane Societies
Wisconsin Department of Agriculture Trade and Consumer Protection (DATCP)
The Wisconsin Veterinary Medical Association
Alliance of Wisconsin Animal Rehoming Efforts (AWARE)
Alliance for Animals
Animal Law Associates of Wisconsin

ALL strongly OPPOSED this bill.

       Even with the amendments that addressed some of our concerns, we DID NOT believe they would end the abuse, neglect and cruelty the animals suffer in Wisconsin's "pet industry." We also felt the lemon law aspects of the bills were unrealistic and misguided.

       Our advisors studied the bills and the consensus was that the legislation was inherently flawed, even with the amendments.

   SB-308 History

        Sen. Plale introduced the "Wisconsin Dog Purchaser Protection Act" to the Senate on 2 November 07, and it is became known as SB-308. Senators cosponsoring the bill were: Tim Carpenter, Robert Cowles, Pat Kreitlow, Julie Lassa, Mary Lazich, John Lehman, Luther Olsen, Fred Risser, Carol Roessler, Jim Sullivan, and Robert Wirch.

       On 23 January 2008, SB 308 was passed out of Senate Committee by a vote of 3-2 (three of the committee members were bill co-sponsors). On 29 January, it was referred on to the Joint Committee on Finance. No further action was taken.

   AB-567 History

       Rep. Lothian introduced virtually identical legislation to the Assembly on 6 November, where it was assigned the designation AB-567. Cosponsors in the Assembly were: Sheryl Albers, Terese Berceau, Garey Bies, Spencer Black, David Cullen, Tamara Grigsby, Eugene Hahn, Gary Hebl, Andy Jorgensen, Dean Kaufert, Samantha Kerkman, Scott Newcomer, Jim Ott, Don Pridemore, and Karl Van Roy.

       It made it as far as the committee on Consumer Protection and Personal Privacy in the Assembly, but was never scheduled for a committee hearing. Five of the nine members of this committee were authors or co-sponsors.

    History, AB 567      History, SB 308 (pdf)   

       Please note: without consulting anyone in the WI humane community, the ASPCA issued an alert to support this legislation.

       Other legislators are working on this issue with a separate bill that we feel has more promise to truly address the CRUELTY, SUFFERING and ABUSE in this industry. Ask your legislators to stand by for a bill that will SOLVE the PROBLEM, not be a band aid on a hemorrhage!

   In Brief....

As you read the bill, please keep in mind the following:

• The bill was a combination of a "lemon law"*** and a statute to set MINIMUM standards for people selling more than 50 dogs annually.

• The bill called for SHERIFF'S departments to respond to complaints and wemt so far as to say that sheriffs MAY (not shall) respond to complaints.

• The bill did NOT provide adequate funding for the Department of Ag, Trade and Consumer Protection (DATCP) or any other agency to provide for qualified staff to handle complaints.

• Inspections would only be initiated when there are consumer complaints.

• The bill did not address any other pet animals except dogs.

• The bill did not include pet shops or other animal facilities.

• The bill allowed people to get licenses by simply signing an affidavit stating they are in compliance with minimum standards.

Please also read:

• Wisconsin Department of Agriculture Trade and Consumer Protection (DATCP) testimony at the 10 Jan 08 Public Hearing
• Wisconsin Puppy Mill Project testimony at the 10 Jan 08 public hearing
• the Animal Law Coalition's detailed breakdown and explanation of these bills: Why we oppose AB 567 and SB 308 (no longer available)
• Wisconsin Humane Society's position: Puppy Mill Legislation (no longer available)

   "Lemon Law" Flaws:

       ***Please note: the bills as written provided no exemption or provision for shelters and rescues. An amendment was made to the original bill changing that. However, we still felt that, while the "lemon law" is a good idea in theory, the practical application in this bill was not.

"This bill is nothing more than an after-the-fact lemon law for pet buyers, providing legislative fodder for attorneys." -- Frank S - Eau Claire

Again, please see:

• Wisconsin Department of Agriculture Trade and Consumer Protection (DATCP) testimony at the 10 Jan 08 Public Hearing
• Wisconsin Puppy Mill Project testimony at the 10 Jan 08 public hearing
• the Animal Law Coalition's detailed breakdown and explanation of these bills: Why we oppose AB 567 and SB 308
• Wisconsin Humane Society's position: Puppy Mil Legislation