2009 WI Act 90 Administrative Rules Process

       On 1 December 2009, Wisconsin's Gov. Doyle signed AB-250 into effect. The new 2009 WISCONSIN ACT 90 requires licensing and inspection for breeders, retailers, shelters and pounds that sell or transfer at least 25 dogs a year.

       2009 WISCONSIN ACT 90 included provisions for a process to create Administrative Rules that set standards for housing, feeding, watering and exercise for the dogs in regulated facilities. The Department of Agriculture, Trade and Consumer Protection was instrumental this process, aided by recommendations from a 12-member advisory committee.

       This advisory committee included retail dog sellers, breeders who sell dogs either wholesale or retail, sporting groups, humane societies, animal control facilities and breed rescue groups. Members were required to be people who would be licensed under the new law, but must speak for their organization as a whole rather than their individual interests. (Please see the DACTP Dog Sellers Advisory Committee page for more information on the selection process.)

       Below are explanations of exactly what the Rulemaking Process is and how it worked.

   Rulemaking Process: ATCP 16 - Regulation of Dog Sellers

1.        On January 13, 2010, the DATCP Board approved the Scope of Proposed Rulemaking Statement. This begins the process for rulemaking.

2.        The Advisory Committee will have until approximately the end of June to complete its work in assisting the Division to develop the ATCP 16 rule, implementing s. 173.41, Wis. Stats., regarding the licensing and regulation of dog sellers

3.       By July 21, 2010, the draft of the rule must be sent to DATCP's Chief Legal Counsel for review. This includes not only the draft rule language, but also the following:
     a.  Plain Language Analysis
     b.  Fiscal Estimate - objectively describing the rule's anticipated fiscal effect on DATCP and other state and local units of government
     c.  Small Business Analysis - analyze the rules to determine the effect on small business and attempt to minimize any adverse impacts. .

4.       On August 11, 2010, the DATCP Board will be asked approve the draft for public hearings at its meeting.

5.       If the Board approves the hearing draft, the Division must send the draft to the Legislative Council Rules Clearinghouse for review, prior to DATCP holding public hearings on the rule. The Clearinghouse will review the rule for compliance with legal and drafting requirements. The Clearinghouse has 20 working days to review the proposed rule.

6.       At the same time as the Clearinghouse is reviewing the rule, DATCP may publish a formal hearing notice, describing the proposed rule and announcing the scheduled hearing dates, times and locations.

7.       In October, 2010, the Division will hold public hearings on ATCP 16. These hearings will be held at different locations in the state and will include an opening statement by Division staff, with a brief summary of the background and contents of the proposed rule. There will be an audio recording of the hearing and provision for submitting written comments. A record will be made of all the hearings, as part of the rule file.

8.       By November 17, 2010, the final rule must be sent to DATCP's Chief Legal Counsel for review. The analysis must address suggestions made by the Legislative Council Rules Clearinghouse report and at public hearings, including those suggestions that were incorporated in the final rule and those that were not, and why or why not.

9.       On December 8, 2010, the DATCP Board will be asked to approve the final draft of ATCP 16.

10.       After the Board approves the final draft rule, DATCP must refer the rule for Legislative committee review. Within 7 days after DATCP refers the rule to the Legislature, the presiding officer in each house refers the rule to one standing committee in that house. Each standing committee has 30 days to review the rule, with a possible extension of 30 days.

11.       Once the review period is complete, DATCP may adopt the rule, by having the Secretary sign the rule and filing certified copies. The rule will not take effect until the first day of the month following publication in the Wisconsin Administrative Register.

12.       If this rule is filed by February 12, 2011, it will be published on March 31, 2011 with a general effective date of April 1, 2011. However, if the rule has a significant economic impact on small business, then the rule as it applies to small businesses is effective on June 1, 2011. The program is scheduled to begin, with the rule in effect, on July 1, 2011.

     The Wisconsin Legislature website features an official record of the 13 October 2009 joint committee public hearing. This includes lists of those who spoke or registered for or against the bill. (Note: please see link bar at left; scroll down to "AB250" and click.)

   DOG SELLERS ADVISORY COMMITTEE: PURPOSE

Role of Advisory Committee:

       The role of the Dog Sellers Advisory Committee is to advise the Division of Animal Health. The Dog Sellers Advisory Committee will discuss ideas and options related to Dog Seller Program rule development. The Dog Sellers Advisory Committee will make recommendations to the Department. The Department will consider the recommendations as it prepares the draft administrative rules.

Goals of Advisory Committee:

• Advise the Department of Agriculture, Trade and Consumer Protection (DATCP) on regulatory provisions necessary to implement the Dog Sellers Law.

• Advise DATCP on licensing, inspection and record keeping procedures to implement the new law.

• Assist DATCP to indentify workable industry standards regarding the care of dogs in licensed facilities in the following categories:

  • Sufficient food and water
  • Veterinary care
  • Enclosure standards:
    • Size
    • Time kept in enclosures of different allowable sizes
    • Structure integrity, maintenance, safety
    • Allowable use of wire flooring
    • Cleaning and sanitizing
    • Transportation enclosure standards ·
  • Maximum time allowed in enclosures based on size, breed and purpose.
  • Outdoor dog standards
  • Facility standards (as appropriate for type and breed):
    • Adequate lighting
    • Adequate ventilation
    • Proper temperature
  • Adequate daily exercise
  • Daily observation

• Advise DATCP regarding health requirement records for dogs including certificates of veterinary inspections, vaccination records, and veterinary care records to implement new law.

• After the administrative rule is promulgated, advise DATCP on the effectiveness and workability of the new rule.

   DOG SELLERS ADVISORY COMMITTEE: COMMITTEE INFORMATION

Responsibilities of Advisory Committee Members:

• Review WI Act 90 and become familiar with the requirement as set forth in the Act.

• Become familiar with the rule making process.

• Be prepared. Information regarding the topic on the agenda will be disseminated to the committee prior to the meeting.

• Be prepared to discuss the information provided from other state and federal laws and industry best practices pertaining to standards of care for dog breeders.

• Disseminate information with individuals in the industry category you represent and seek feedback.

• · Professionally share feedback received from your constituency with the advisory committee.

Duration of the Advisory Committee:

       The Dog Sellers Advisory Committee will be in effect until 12 months after the rules are published and shall make recommendations to the department for amendments to the rules if necessary.

Committee Members:

Dog breeders selling fewer than 50 large dogs a year:	Patty LaFave, Black Creek
Dog breeders selling 50 or more large dogs a year:	Mike Marsch, Neillsville
Dog breeders selling fewer than 50 small dogs a year:	Jackie Fogel, West Bend
Dog breeders selling 50 or more small dogs a year:	Dr. Rick VanDomelen, Mount Horeb
Humane societies sheltering fewer than 500 dogs a year:	Chuck Wegner, Neillsville,
Humane societies sheltering more than 500 dogs a year:	Eilene Ribbens, Elkhart Lake
Dog rescue groups:	Kim Waugus, Beaver Dam
Animal control facilities:	Pam McCloud Smith, DeForest
Retail dog seller:	Troy Anderson, Hartland
Sporting associations whose activities involve dogs:	Elaine Rhodes, Richfield
Technical expert:	Dr. Maria Verbrugge, Madison
Veterinarians:	Dr. Doug Kratt, Onalaska

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