The Department also has specific authority under Wis. Stat. s. 173.41 (14) to promulgate rules in consultation with an advisory committee established under par. (b). Related Statutes and Rules
Plain Language Analysis
The Dog Sellers and Facilities Program was created in 2011 to ensure the welfare of dogs and provide consumer protection. The Department licenses and inspects about 500 facilities under this program. The minimum licensing fees were set when the program began and have not changed since 2011.
The program revenue appropriation (appropriated by Wis. Stat. s. 20.115 (2) (j)) does not have adequate revenue to recover costs. The Department is not able to reduce expenditures to the level of current revenues without resulting in a failure to fulfill statutory requirements. The Department convened an ATCP 16 Advisory Committee to advise the Department in relation to the Statement of Scope (SS 093-20), pertaining to license fees and reinspection fees for dog sellers and dog facility operators. The Committee was comprised of representatives from each of the groups under Wis. Stat. s. 173.41 (14) (b). This rule proposal includes a 100% license fee increase for shelter/control facilities, a 120% license fee increase for all other entities, and a 167% reinspection fee increase. The table below shows the current and proposed license and reinspection fee amounts, the amount of each change, the number of licensees in each category, and the average reinspection count each year.
The proposed fees would ensure recovery of annual program costs and would gradually eliminate the current and projected deficit over five years. Without the proposed fee increase, the appropriation would continue to operate in a negative cash balance until a different change occurs, such as the creation of an alternative funding source or a statutory change. The department would continue to report the negative cash balance to the Joint Committee on Finance.
Summary of, and Comparison with, Existing or Proposed Federal Statutes and Regulations
The United States Department of Agriculture (USDA) licenses some businesses that breed or broker dogs. As of March 2020, there are 86 USDA-licensed dog breeders (Class A) and 10 USDA-licensed dog brokers (Class B) in Wisconsin. These numbers include some, but not all, businesses that are also licensed as dog sellers by the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP).
USDA and DATCP have different criteria for determining whether an entity needs to be licensed, as well as different minimum facility requirements. USDA does not license retail pet stores and does not license breeders with four or fewer breeding females. DATCP licenses persons who operate an animal shelter, animal control facility, dog breeder, dog breeding facility, dog dealer, or out-of-state dog dealer. Among other criteria defined in Wis. Stat. s. 173.41 (1), these are entities that shelter or sell 25 or more dogs in a year. Comparison with Rules in Adjacent States
Each of the adjacent states has a program related to dog sellers and facilities, but the programs vary greatly. Below is a comparison of the programs in Wisconsin, Illinois, Iowa, Michigan, and Minnesota. Each have unique program structures, program requirements, and funding sources.
Wisconsin
Wisconsin licenses dog sellers and dog facility operators, including animal shelters and control facilities.
Wisconsin’s program is funded through Program Revenue (PR). The primary source of program revenue is from license fees, but there is also a smaller portion of program revenue from reinspection fees.
Wisconsin’s current license fees are shown below. The first amounts listed are the license fees for in-state entities and the second amounts listed in parentheses are the license fees for out-of-state entities, which are 150% of the license fees for in-state entities.
-$250 ($375) for entities licensed to sell or offer to sell at least 25 but fewer than 50 dogs per year
-$500 ($750) for entities licensed to sell or offer to sell at least 50 but fewer than 100 dogs per year
-$750 ($1,125) for entities licensed to sell or offer to sell at least 100 but fewer than 250 dogs per year
-$1,000 ($1,500) for entities licensed to sell or offer to sell 250 or more dogs per year
-$125 ($188) for entities licensed to operate an animal shelter or animal control facility
Wisconsin’s current reinspection fee is $150. On average, there are approximately 23 reinspections per year.
When the Department receives an application for licensure, that application is reviewed and processed. The Department conducts a pre-license inspection that the applicant must pass prior to the issuance of a license. The Department conducts routine inspections of all licensed premises at least once every two years.
The Department also receives and reviews complaints. The Department investigates cases of entities operating without a license and other alleged violations. The Department also conducts follow-up inspections and reinspections when violations are noted as part of an investigation or inspection, to ensure that compliance is gained. The Department takes compliance actions as appropriate, which can include an action on a license (such as to suspend, condition, deny, or revoke), or referral for civil forfeiture or criminal action.
Wisconsin has three dedicated companion animal inspectors, part of a veterinarian specialist, part of a license/permit program associate, and part of an inspector supervisor. Additional staff, including a compliance officer and other field staff, assist as needed when a reinspection or further actions are required.
Wisconsin currently licenses 506 entities:
-120 (114 in-state and 6 out-of-state) entities licensed to sell or offer to sell at least 25 but fewer than 50 dogs per year
-103 (101 in-state and 2 out-of-state) entities licensed to sell or offer to sell at least 50 but fewer than 100 dogs per year
-76 (75 in-state and 1 out-of-state) entities licensed to sell or offer to sell at least 100 but fewer than 250 dogs per year
-28 (27 in-state and 1 out-of-state) entities licensed to sell or offer to sell 250 or more dogs per year
-179 (all in-state) entities licensed to operate an animal shelter or animal control facility
Illinois
Illinois licenses animal shelters and animal control facilities, dog and cat breeders, kennel operators, dog day care operators, pet store operators, dog dealers, horse rescues, and guard dog services.
Illinois’ program is funded through General Revenue Funds (GRF). All licensing fees and fines go back into GRF.
Illinois’ initial license application fee is $350. The license renewal fee is $100. Late license renewals have a $300 late fee.
When Illinois receives an application, the inspector in that area is assigned to do an initial inspection. A license will not be sent until that inspection has been completed and approved by the inspector. Illinois does complaint-based inspections. Illinois strives for annual inspections, but annual inspections are not always obtainable due to resources and staffing.
Illinois currently has five field inspectors and one field veterinarian, who are also responsible for inspection of animal health licenses (such as auctions, markets, etc) and other duties as assigned.
Illinois currently has the following number of licensees:
-168 animal controls
-517 animal shelters
-6 cat breeders
-9 dog dealers
-4 guard dog services
-22 horse rescues
-585 kennel operators
-196 dog breeders with over six intact females
-228 day care operators
-340 pet shop operators
Iowa
Iowa authorizes the operation of:
-Commercial establishments which are commercial breeders (breeds and sells dogs or cats and owns four or more intact males or females)
-Dealers (which includes rescues)
-Animal shelters
