Scope Statements
Agriculture, Trade and Consumer Protection
Subject
Creates Chapter
ATCP 16, relating to the regulation of dog sellers.
Objective of the Rule
This rule will implement the licensure and regulation of dog sellers, as prescribed under s.
173.41, Stats. This includes licensing all persons selling 25 or more dogs in a year, coming from more than 3 litters, and establishing facility and care standards for the licensed entities.
Policy Analysis
The Legislature recently enacted s.
173.41, Stats., which requires DATCP to license persons selling 25 or more dogs per year. DATCP must establish facility standards and standards of care for dogs kept at the licensed facilities, and must inspect facilities for compliance.
This rule will implement the new requirements for dog sellers. This rule may address the following issues, among others:
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Dog seller licensing standards and process.
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Facilities standards for licensed facilities. These may include, among other things, standards for all of the following:
Indoor and outdoor enclosures.
Enclosure size.
Enclosure materials.
Cleanliness of enclosures.
Lighting and ventilation.
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Requirements related to the sale of dogs, including certificates of veterinary inspection.
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Recordkeeping requirements.
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Basic standards of care, including access to exercise, food and water.
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Other issues as appropriate.
Policy Alternatives
Section
173.41, Stats., requires DATCP to implement a dog sellers licensing program, and to adopt rules for that program. DATCP has no alternative but to adopt rules. The rule contents must be consistent with the policy directives contained in the legislation. DATCP rules will spell out the details of the program, consistent with those statutory directives.
There are no statutory alternatives at this time. DATCP intends to implement the dog seller licensing program mandated by the Legislature.
Statutory Authority
Comparison with Federal Regulations
Currently, the United States Department of Agriculture (USDA) licenses and inspects approximately 72 kennels in Wisconsin that are selling puppies wholesale. USDA establishes minimum facility standards for those licensed facilities.
Entities Affected by the Rule
The following are entities which must obtain a dog seller license after the effective date of the statute.
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Any entity who sells 25 or more dogs in a year, coming from 3 or more litters (including a nonresident who brings dogs into this state for sale.
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Any entity which operates a dog breeding facility (a place at which dogs are bred and raised) from which 25 or more dogs, coming from 3 or more litters are sold in a year.
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Any entity which operates an auction at which 50 or more dogs are sold or offered for sale in a year.
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Any entity which operates an animal shelter that is used to shelter at least 25 dogs in a year.
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Any entity that operates an animal control facility under a contract with a city, village, town, or county.
Estimate of Time Needed to Develop the Rule
DATCP estimates that it will use approximately 1.0 FTE staff to develop this rule. This includes time required for investigation and analysis, rule drafting, preparing related documents, coordinating advisory committee meetings, holding public hearings and communicating with affected persons and groups. DATCP will use existing staff to develop this rule.
DATCP may not begin drafting this rule until the Board of Agriculture, Trade and Consumer Protection (Board) approves this scope statement. The Board may not approve this scope statement sooner than 10 days after this scope statement is published in the Wisconsin Administrative Register. If the Board takes no action on the scope statement within 30 days after the scope statement is presented to the Board, the scope statement is considered approved. Before DATCP holds public hearings on this rule, the Board must approve the hearing draft. The Board must also approve the final draft rule before the department adopts the rule.
Children and Families
Subject
Revises Chapter
DCF 101, relating to sanctions in the Wisconsin Works program.
Policy Analysis
Section
49.1515 (1), Stats., as created by
2009 Wisconsin Act 28, provides that the department shall by rule specify guidelines for determining when a
Wisconsin Works (W-2) participant, or individual in the participant's group, who engages in behavior in s.
49.151 (a) to (e), Stats., W-2 sanctions, is demonstrating a refusal to participate. Before determining under s.
49.151, Stats., that a participant is ineligible to participate in the W-2 program, the W-2 agency shall determine all of the following:
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Whether the failure of the participant or individual to participate is because the participant or individual refuses to participate or is unable to participate.
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Ensure that the services offered to the participant or individual are appropriate for him or her.
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Determine whether good cause exists for the failure to participate.
If a W-2 agency determines that a participant or individual has refused to participate without good cause, the W-2 agency shall allow the participant or individual a conciliation period during which he or she must participate in all assigned activities unless good cause exists that prevents compliance during the conciliation period. The department shall by rule establish the length of time for a conciliation period.
Section
49.153, Stats., as created by
2005 Wisconsin Act 25 and amended by
2009 Wisconsin Act 28, provides that before taking any action against a W-2 participant that would result in a 20 percent or more reduction in the participant's benefits or in termination of the participant's W-2 eligibility, a W-2 agency shall do all of the following:
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Explain to the participant orally in person or by phone, or make “reasonable attempts" to explain to the participant orally in person or by phone, the proposed action and the reasons for the proposed action.
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After providing the oral explanation, the W-2 agency shall provide to the participant written notice of the proposed action and of the reasons for the proposed action.
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After providing the explanation or the attempts to provide an oral explanation and the written notice, if the participant has not already been afforded a conciliation period under s.
49.1515 (3), Stats., allow the participant a “reasonable time" to rectify the deficiency, failure, or other behavior to avoid the proposed action.
Section
49.153 (2), Stats., provides that the department shall promulgate rules that establish the procedures for the notice and explanation and that define “reasonable attempts" and “reasonable time."
The proposed rules will also make minor changes and technical corrections affecting Wisconsin Works.
Statutory Authority
Comparison with Federal Regulations
If an individual refuses to engage in work, the state must reduce or terminate the amount of payable to the family, subject to any good cause exceptions the state may establish. The state must, at a minimum, reduce the amount of assistance otherwise payable to the family pro rata with respect to any period during the month in which the individual refuses to work.
