Statement of Scope
Department of Agriculture, Trade and Consumer Protection
Rule No.: | Ch. ATCP 10, Wis. Admin. Code (Existing) |
Relating to: | Animal Disease and Movement |
1. Finding/nature of emergency (Emergency Rule only):
Not applicable.
2. Detailed description of the objective of the proposed rule:
The objective of the proposed rule is to evaluate and modify animal disease and movement program fees in the following programs:
- Movement
- Brucellosis
- Tuberculosis
- Johne’s
- Feed Lot
- Pseudorabies
- Equine Infectious Anemia (EIA)
- Equine Quarantine
- Medical Separation
- Poultry
- Farm-Raised Deer
- Fish Farms
The objective of the proposed rule is also to evaluate for improvements and updates: subchapter I regarding definitions and general provisions, appendix A regarding diseases reported within one day, and appendix B regarding diseases reported within 10 days.
The following table shows the existing fees relevant to this rule, as well as the statutory authority and the year that the fee was last changed. Most fees in this rule were last evaluated in 2008 or 2009. Over time, standard costs have continued to increase. The associated program revenue appropriation (appropriated by Wis. Stat. s. 20.115 (2) (ha)) no longer has 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 under Wis. Stat. chs. 93 and 95. (See pdf for image)
3. Description of the existing policies relevant to the rule, new policies proposed to be included in the rule, and an analysis of policy alternatives:
Existing Policies Relevant to the Rule:
This rule relates to animal health program fees. The table under section 2 shows the existing fees relevant to this rule, as well as the statutory authority and the year that the fee was last changed. Most fees in this rule were last evaluated in 2008 or 2009.
The existing rule also includes subchapter I regarding definitions and general provisions, appendix A regarding diseases reported within one day, and appendix B regarding diseases reported within 10 days.
New Policies Proposed to be Included in the Rule and Analysis of Policy Alternatives:
The department proposes evaluating and modifying animal health program fees to ensure there is adequate cost recovery. This includes evaluating and modifying existing fee amounts and evaluating and modifying or adding categories related to these programs within existing statutory authority. The associated appropriation is currently under-recovering. Without the proposed rule, the department would not be able to evaluate animal health program fees. The appropriation would continue to under-recover and would develop a negative cash balance.
The department also proposes evaluating for improvements and updates: subchapter I regarding definitions and general provisions, appendix A regarding diseases reported within one day, and appendix B regarding diseases reported within 10 days. Without the proposed rule, the department would not be able to evaluate these sections for improvements and updates.
4. Detailed explanation of statutory authority for the rule (including the statutory citation and language):
Citations to specific statutory authority are included in section 1. The language from these citations is included below.
Section 93.06 (1g), Stats., authorizes the department to charge a fee for certificates of veterinary inspections forms as follows: 93.06 (1g) Certificates of Veterinary Inspection.
