-
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.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.
