4.
For a person who sells or offers to sell 250 or more dogs per year, $1,000.5.
For a person who operates an animal shelter or animal control facility, $125.(b)
Except as provided under par. (c), the annual license fee for an out-of-state dog dealer is 150 percent of the fee determined under par. (a), based on the number of dogs sold in this state.(c)
The department may promulgate rules specifying fees for licenses under sub. (2) that are higher than the fees in pars. (a) and (b) if necessary to cover the costs of administering this section. Section 173.41 (6), Stats., authorizes the department to promulgate rules specifying the fee for reinspection as follows: 173.41 (6) Inspections.
(a)
The department shall inspect the premises at which a person who is required to obtain a license under sub. (2) (a) 1. to 5. operates before issuing the initial license and at least once every 2 years after the year in which the person is first licensed. The department is not required to inspect the out-of-state premises at which an out-of-state dog dealer operates.(b)
The department may enter and inspect the premises for which a person is required to obtain a license under sub. (2) at any time during normal business hours to ensure compliance with this section.(c)
The department may charge a fee for an inspection that it undertakes to determine whether a previous violation of this section or rules promulgated under this section has been corrected.(d)
An inspection fee under par. (c) is due upon written demand from the department. Unless otherwise specified by the department by rule, the fee for an inspection under par. (c) is $150. Section 173.41 (14), Stats., authorizes the department to promulgate rules regulating persons who sell dogs or operate animal shelters as follows: 173.41 (14) Rules.
(a)
The department, in consultation with the advisory committee established under par. (b), shall promulgate rules to implement and administer this section.(b)
Before the department promulgates rules under par. (a), it shall establish an advisory committee to assist in writing the rules that consists of at least one representative from each of the following groups but that does not consist of more than 12 members:1.
Persons selling dogs at retail.2.
Dog breeders that sell large dogs and that sell fewer than 50 dogs per year.3.
Dog breeders that sell small dogs and that sell fewer than 50 dogs per year.4.
Dog breeders that sell large dogs and that sell 50 or more dogs per year.5.
Dog breeders that sell small dogs and that sell 50 or more dogs per year.6.
Sporting associations whose primary activities involve dogs.7.
Humane societies providing shelter to fewer than 500 dogs per year.8.
Humane societies providing shelter to 500 or more dogs per year.10.
Animal control facilities.(c)
The department shall select any member of an advisory committee under par. (b) who represents veterinarians from nominations made by the Wisconsin Veterinary Medical Association and shall select each other member from nominations made by one or more organizations representing the group that the member represents.(d)
An advisory committee under par. (b) does not expire until 12 months after the rules are promulgated and shall make recommendations to the department for amendments to the rules.5. Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule:
DATCP estimates that it will use approximately 0.5 FTE staff to develop this rule. This estimate includes time required for the investigation and analysis, rule drafting, preparing related documents, holding public hearings, and communicating with affected persons and groups. DATCP will use existing staff to develop this rule.
6. List with description of all entities that may be affected by the proposed rule:
The proposed rule would impact persons who annually sell 25 or more dogs from more than three litters or operate animal shelters. As of license year 2020, there are 471 licensed dog sellers:
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113 entities licensed to sell or offer to sell at least 25 but fewer than 50 dogs per year-
87 entities licensed to sell or offer to sell at least 50 but fewer than 100 dogs per year-
64 entities licensed to sell or offer to sell at least 100 but fewer than 250 dogs per year-
25 entities licensed to sell or offer to sell 250 or more dogs per year-
182 entities licensed to operate an animal shelter or animal control facilityThe proposed rule would also impact consumers, pet owners, and other persons and groups affected by the department fulfilling its duties under Wis. Stat. s. 173.41. For example, Wis. Stat. s. 173.41 (6) requires the department to inspect the premises at which a person who is required to obtain a license operates before issuing the initial license and at least once every 2 years after the year in which the person is first licensed. These inspections are critical to ensure that licensed entities are meeting health requirements for selling dogs, the age for the transfer of a puppy, standards of care, and recordkeeping requirements, which are required under Sections 173.41 (8), (9), (10), and (11), Wis. Stats., respectively. The proposed rule would ensure program revenue funding through license fees to continue these statutorily required inspections and protect animal health and wellbeing, human health, and consumer protection. The department held three listening sessions with stakeholders to brainstorm solutions to the current financial under-recovery and get their individual points of view about the possible pros and cons of alternatives to address the financial under-recovery. No stakeholder expressed that the current fees should not be evaluated and no stakeholder expressed an interest in removing or reducing the activities of the programs.
Under this statement of scope, the department would form an advisory group to assist in writing the proposed rule, pursuant to Wis. Stat. s. 173.41 (14). The advisory group would consist of at least one representative from each of the following groups: -
Persons selling dogs at retail-
Dog breeders that sell large dogs and that sell fewer than 50 dogs per year-
Dog breeders that sell small dogs and that sell fewer than 50 dogs per year-
Dog breeders that sell large dogs and that sell 50 or more dogs per year-
Dog breeders that sell small dogs and that sell 50 or more dogs per year-
Sporting associations whose primary activities involve dogs-
Humane societies providing shelter to fewer than 500 dogs per year-
Humane societies providing shelter to 500 or more dogs per year-
Animal control facilities
