(c)
$750 if the number is at least 100 but less than 250.(d)
$1,000 if the number is at least 250.(3)
If the applicant is an out-of-state dog seller, a fee that is 150 percent of the fee calculated under sub. (2).(4)
A late renewal surcharge equal to 20 percent of all applicable license fees required under subs. (1) to (3) if the applicant seeks to renew a license after that license has expired.(5)
A surcharge equal to the total of all applicable license fees required under subs. (1) to (3) if the department determines that any of the following apply:(a)
Within 365 days prior to submitting the license application, the applicant operated without a license required under s. ATCP 16.02 (1).(b)
The applicant knowingly misrepresented information in the applicant’s license application for the preceding license year, in order to avoid payment of any required license fees. Note: A surcharge payment under sub. (5) does not relieve the applicant of any other penalties or liabilities that the applicant may incur as a result of any act or omission under sub. (5), but does not constitute evidence of a law violation.
(6)
Any unpaid reinspection fee properly charged under s. ATCP 16.12 (6).ATCP 16.12 (6) specifies reinspection fees as follows:
ATCP 16.12 (6) Reinspection Fees. The department may charge, to the holder of a license under s. ATCP 16.02 (1), a reinspection fee of $150 for a reinspection that the department makes to determine whether that person has corrected a previous violation of this chapter, noted on a previous inspection report. The department may not charge a reinspection fee under this subsection for a routine or regularly scheduled inspection, or for an inspection that is required under this chapter. The program revenue appropriation (appropriated by Wis. Stat. s. 20.115 (2) (j)) does not have adequate revenue to recover costs. The appropriation under-recovered by $199,000 in fiscal year 2019, resulting in a negative cash balance of -$185,300. The appropriation includes the dog seller program as well as dog licensing, rabies, and humane programs. The portion of the appropriation specific to the dog seller program under-recovered by $157,400 in fiscal year 2019, resulting in a negative cash balance of -$146,400. Fiscal year 2019 expenditures and revenues for the dog seller program were $338,600 and $181,200, respectively. The department has evaluated expenditures. The department is not able to reduce expenditures to the level of current revenues without resulting in a failure to fulfill statutory requirements. Pursuant to Wis. Stat. s. 173.41, the department is required to: -
Implement and administer licensing of dog sellers and dog facility operators -
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 -
Report mistreatment of dogs to a humane officer or law enforcement agency if the department has reasonable grounds to believe that a dog in the possession of a person required to be licensed is being mistreated in violation of ch. 951 -
Promulgate rules to implement and administer regulations of persons who sell dogs or operate animal shelters, including licensing, inspections, health requirements, standards of care, and record keepingThe above statutory requirements are critical to ensuring appropriate standards of care in licensed facilities. These statutory requirements benefit animal health and wellbeing, human health, and consumer protection.
New Policies Proposed to be Included in the Rule:
DATCP proposes evaluating whether to change fee amounts for dog sellers and dog facility operators. These fees include license fees and reinspection fees.
Analysis of Policy Alternatives:
Rule Proposal: Under the proposed rule, the department would evaluate whether to change fee amounts for dog sellers and dog facility operators. These fees include license fees and reinspection fees. The department would form an advisory group to assist in writing the proposed rule, pursuant to Wis. Stat. s. 173.41 (14). Fees would be evaluated to ensure recovery of program costs through program revenues and to eliminate the current negative cash balance. No Change: Without the proposed rule, the department would not be able to evaluate whether to change fee amounts for dog sellers and dog facility operators. The appropriation would continue to operate in a negative cash balance until a different change occurs, such as the creation of an alternate funding source or a statutory change. The department would continue to report the negative cash balance to the Joint Committee on Finance.
4. Detailed explanation of statutory authority for the rule (including the statutory citation and language):
Section 173.41 (3), Stats., authorizes the department to promulgate rules specifying license fees as follows: 173.41 (3) License Fees.
(a)
Except as provided under par. (b) or (c), the annual fee for a license under sub. (2) is as follows:1.
For a person who sells or offers to sell at least 25 but fewer than 50 dogs per year, $250.2.
For a person who sells or offers to sell at least 50 but fewer than 100 dogs per year, $500.3.
For a person who sells or offers to sell at least 100 but fewer than 250 dogs per year, $750.4.
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.
