Public Hearing,
1:30 p.m. to 2:30 p.m.
June 17, 1999 Room 152B
Thursday District State Office Bldg.
Question and 200 North Jefferson St.
Answer Session, GREEN BAY, WI
1:00 p.m. to 1:30 p.m.
Public Hearing,
1:30 p.m. to 2:30 p.m.
Written comments will be accepted until June 30, 1999.
Analysis Prepared by the Dept. of Agriculture, Trade & Consumer Protection
Statutory authority: s. 173.27
Statutes interpreted: ss. 173.03 (1), 173.05, and 173.27
This rule establishes minimum training and certification requirements for humane officers, as required by s. 173.27, Stats. The Department developed this rule in consultation with an advisory committee that included representatives of the livestock industry, the equine industry, dog interests, law enforcement agencies, current humane officers, public health agencies, humane societies, veterinarians, and livestock truckers.
Humane Officer Certification
1997 Wis. Act 192 modernized the administration of Wisconsin's animal welfare laws. The legislation clarified the authority of humane officers, provided a wider range of options for dealing with animal welfare problems, and assured “due process" for affected animal owners. The legislation also required the Department to certify humane officers. To be certified, humane officers must complete an examination and meet training requirements established by the Department.
This rule requires a humane officer to be certified within one year after the humane officer is appointed, or by December 1, 2000, whichever is later. A humane officer must satisfy applicable training requirements and pass an examination before the humane officer is initially certified. A certified humane officer must satisfy continuing education requirements and must renew his or her certification every 2 years. No examination is required to renew a certification.
Initial Certification
A person wishing to be certified as a humane officer must do all the following:
• Complete an initial training program sponsored or approved by the Department. (There are some exceptions.)
• Pass an examination.
• Submit an application that includes all the following:
* The applicant's name, address and telephone number.
* The identity of the applicant's employer if the applicant is currently employed as a humane officer.
* The date on which the applicant passed the examination required for initial certification.
* A fee of $25.
The Department must grant or deny a certification application within 30 days after the Department receives a complete application form.
Certification Renewal
A certification expires on December 31 of each odd-numbered year. A humane officer wishing to renew his or her certification must submit a renewal application on a form provided by the Department. The renewal application must include all the following:
• The applicant's name, address and telephone number.
• The identity of the applicant's employer if the applicant is currently employed as a humane officer.
• A renewal fee of $25.
• Information showing that the applicant has satisfied applicable continuing education requirements. The information must identify and describe the continuing education programs attended.
A humane officer must complete 32 hours of continuing education during each biennium for which the humane officer is certified. (This requirement does not apply during the biennium for which the person is initially certified.) The Department does not pre-approve continuing education programs. However, the Department may refuse to accept a continuing education program that is unrelated to a humane officer's duties.
Examination
Under this rule, a person who wishes to be certified as a humane officer must pass an examination administered by the Department. (No examination is required for certification renewal.) The examination will test applicants on animal husbandry and care practices, as well as applicable laws and investigative procedures. To pass the examination, an applicant must achieve a passing score on each part of the examination.
A person wishing to take the examination must provide his or her name, address and telephone number, pay a $25 examination fee, and show that he or she is eligible to take the examination. A person is eligible to take the examination if one of the following applies:
• The person has completed an initial training program (see below). The applicant must identify the training program attended, including the program title, sponsor and dates.
• The person is exempt from initial training (see below).
A person who is exempt from initial training, but who fails the examination, must complete the initial training program before retaking the exam. A person who twice fails the examination may not retake it.
Initial Training
A person must complete an initial training program before taking the humane officer examination, except that the following persons are exempt if they pass the examination on the first attempt:
• A person employed as a humane officer in Wisconsin before December 1, 1999.
• A veterinarian.
• A person who has served as a humane officer in another state.
An initial training program must be sponsored or pre-approved by the Department. The Department will charge a fee to cover the cost of the initial training program which it sponsors. Other sponsors may apply for approval of their training programs (see below).
An initial training program must provide at least 40 hours of training in the following areas:
• At least 16 hours of training in animal husbandry and care practices including the following:
* At least 10 hours of training related to farm animals. A portion of this training must be practical on-site training at a farm location.
* At least 4 hours of training related to domestic non-farm animals.
* At least 2 hours of training related to exotic animals, pet stores, animal collectors or other relevant animal care issues.
• At least 24 hours of legal and investigative training including:
* At least 4 hours of training related to the legal system, the role of the animal cruelty investigator, Wisconsin laws related to animals, and other applicable laws.
* At least 4 hours of training related to the rules of evidence, and the collection and preservation of evidence.
* At least 4 hours of training related to interview and interrogation techniques, stages of the investigation and courtroom testimony.
* At least 4 hours of training on search and seizure law, and on photographing, video taping or sketching the scene of the investigation.
* At least 4 hours of training related to report writing.
* At least 4 hours of training related to crisis intervention, humane officer safety and civil liability.
Initial Training Programs; Approval
The sponsor of an initial training program may apply to the Department for approval of that training program. The application must include the following information:
• A detailed outline showing the topics covered, the number of hours devoted to each topic, and the content of each topic.
• The identity and credentials of program instructors.
• The training location, including the location of any on-site farm training.
• A copy of the certificate that the sponsor will provide to persons who successfully complete the course, and the identity of each person authorized to sign certificates for the sponsor.
The Department must approve or disapprove a training program within 30 days after the Department receives a complete application from the program sponsor.
Humane Officer Appointments; Reporting
Under s. 173.27 (4), Stats., the Department must keep a current registry of all persons serving as humane officers. Under s. 173.03 (1), Stats., a county, city, village or town must report to the Department whenever that local entity appoints or terminates a humane officer. This rule requires the local entity to file the report in writing within 30 days after it appoints or terminates the humane officer. The report must include all the following.
• The identity of the local entity.
• The name and address of the humane officer.
• The humane officer's certification number if the humane officer is currently certified by the Department.
• The date of the humane officer's appointment or termination.
Fiscal Estimate
The complete fiscal note is available on request.
For purposes of this fiscal estimate, in the first year of the humane officer certification program, it is estimated that 25 people will take the humane officer training and 40 people will take the humane officer examination. In future years, it is estimated 25 people will take the training and 22 people will take the examination.
Revenue:
DATCP can recover costs incurred with the training, examination and certification of humane officers. Fees are estimated at $400 for the training course and $25 each for examination and certification. Based on the estimated participation, these fees will generate $12,000 PR the first year and $11,100 thereafter. Under PR funds, the Department will absorb any costs incurred beyond the fee offset.
Expense:
The Department will expend estimated one-time costs of $15,500 PR funds and .20 FTE (Full-Time Equivalent) of veterinary and clerical staff time to establish the humane officer certification program in its first year. Annual program costs are estimated at $17,300 PR and .10 FTE veterinary and clerical staff time.
Initial Regulatory Flexibility Analysis
This rule, ch. ATCP 15, interprets and establishes minimum standards of education for humane officers and establishes a certification program for humane officers, in compliance with 1997 Wis. Act 192. It has no impact on small businesses.
The statute allows a political subdivision to appoint humane officers, but it requires that, if the political subdivision appoints a humane officer, the humane officer must meet minimum training standards established by the Department of Agriculture, Trade and Consumer Protection and be certified by the Department. Therefore, the impacts of this rule are on the political subdivision which chooses to appoint a humane officer and the person appointed, not on a business.
Notice of the proposed rule has been delivered to the Department of Development, as required by s. 227.114 (5), Stats.
Notice of Hearings
Agriculture, Trade and Consumer Protection
The State of Wisconsin Department of Agriculture, Trade and Consumer Protection announces that it will hold public hearings on proposed rule amendments to ch. ATCP 34, Wis. Adm. Code, relating to the collection of unwanted agricultural chemicals and containers (Agricultural Clean Sweep).
