September 3, 2008, Introduced by Rep. Caul and referred to the Committee on Agriculture.
A bill to amend 1969 PA 287, entitled
"An act to regulate pet shops, animal control shelters, and animal
protection shelters; to establish uniform procedures and minimum
requirements for adoption of dogs, cats, and ferrets; and to
prescribe penalties and civil fines and to provide remedies,"
by amending the title and sections 1 and 9 (MCL 287.331 and
287.339), as amended by 1997 PA 7, and by adding sections 5c, 5d,
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
act to regulate pet shops, animal control shelters,
animal protection shelters, and pet sellers; to establish uniform
procedures and minimum requirements for adoption of dogs, cats, and
ferrets; to regulate the sale of dogs and cats by certain persons;
and to prescribe penalties and civil fines and to provide remedies.
Sec. 1. As used in this act:
(a) "Adoption" means a transfer of ownership, with or without
remuneration, of a dog, cat, or ferret from an animal control
shelter or animal protection shelter to an individual for the
purpose of being a companion animal for that individual. As used in
this subdivision, a companion animal includes but is not limited to
a dog that is used for hunting or as a guard dog.
(b) "Alteration" means a professional sterilization procedure
performed by a veterinarian that renders a dog, cat, or ferret
incapable of reproducing.
(c) "Altered", in reference to a dog, cat, or ferret, means
having undergone alteration.
(d) "Animal" means a mammal except livestock as defined in
1937 PA 284, MCL 287.121 to 287.131, and rodents.
(e) "Animal control shelter" means a facility operated by a
municipality for the impoundment and care of animals that are found
in the streets or at large, animals that are otherwise held due to
the violation of a municipal ordinance or state law, or animals
that are surrendered to the animal control shelter.
(f) "Animal protection shelter" means a facility operated by a
person, humane society, society for the prevention of cruelty to
animals, or any other nonprofit organization for the care of
(g) "Cat" means a domestic cat of any age of the species felis
(h) "Dealer" means that term as defined in section 1 of 1969
PA 224, MCL 287.381.
"Department" means the
state department of
"Director" means the
director of the department or his
or her authorized representative.
"Dog" means a domestic
dog of any age of the species
"Ferret" means an animal
of any age of the species
( l ) "Health
certificate" means a certificate in a form
prescribed by the department in which a veterinarian attests to the
age, sex, breed, and description of an animal, and to the fact that
at the time of preparation of the certificate, the veterinarian
examined the animal and found the animal free from visual evidence
of communicable disease.
"Municipality" means a
county, city, village, or
"Person" means an
corporation, association, governmental entity, or other legal
(p) "Pet seller" means a person who sells or offers for sale
more than 2 dogs or cats or more than 1 litter of dogs or cats in
any 12-month period. Pet seller does not include an animal control
shelter, animal protection shelter, dealer, or pet shop.
"Pet shop" means a place
where animals are sold or
offered for sale, exchange, or transfer.
"Veterinarian" means a
person licensed to practice
veterinary medicine under article 15 of the public health code,
1978 PA 368, MCL 333.16101 to 333.18838.
Sec. 5c. (1) A pet seller shall not sell a dog or cat in a
county unless the pet seller has obtained a pet seller license from
the county animal control shelter located in the county in which
the dog or cat is to be sold as provided in section 5e.
(2) In addition to the requirements of subsection (1), a pet
seller shall not sell or deliver a dog or cat without providing to
the purchaser a health certificate for the dog or cat signed by a
veterinarian licensed by this state. The health certificate shall
include a health record indicating the date and type of
vaccinations which have been given to the dog or cat.
(3) A person who violates this section is guilty of a
misdemeanor punishable by a fine of not more than $500.00. In
addition, within 14 days of being found guilty under this section,
the person shall obtain a pet seller license from a county animal
Sec. 5d. A pet seller shall comply with the rules, R
285.151.21 to R 285.151.41 of the Michigan administrative code,
that establish standards for housing, care, handling, and
transportation of dogs and cats.
Sec. 5e. (1) A county animal control shelter shall provide or
make available an application form for a pet seller license.
(2) An applicant for a pet seller license shall submit his or
her fingerprints to the department of state police to have a
criminal history check conducted and shall request that the
department of state police forward his or her fingerprints to the
federal bureau of investigation for a national criminal history
check. The department of state police shall conduct a criminal
history check and shall request the federal bureau of investigation
to make a determination of the existence of any national criminal
history pertaining to the applicant. The department of state police
shall provide the county animal control shelter with a written
report of the criminal history check if the criminal history check
contains any criminal history record information. The department of
state police shall forward the results of the federal bureau of
investigation determination to the county animal control shelter
within 30 days after the request is made. The county animal control
shelter shall notify the applicant in writing of the type of crime
disclosed on the federal bureau of investigation determination
without disclosing the details of the crime. The department of
state police may charge a reasonable fee to cover the cost of
conducting the criminal history check. The criminal history record
information obtained under this subsection shall be used only for
the purpose of evaluating an applicant's qualifications for
licensure for which he or she has applied. As used in this
subsection, "criminal history record information" means that term
as defined in section 1a of 1925 PA 289, MCL 28.241a.
(3) A county animal control shelter shall approve or deny the
issuance of a pet seller license to an applicant upon submission of
a completed application form and payment of a license fee of
$200.00. The pet seller license is valid for a term of 1 year
beginning January 1 of each year.
(4) The county animal control shelter may deny the issuance or
renewal of a pet seller license if the applicant has been convicted
of any of the following:
(a) A felony or misdemeanor involving state animal anticruelty
laws. As used in this subdivision, "state animal anticruelty laws"
means that term as defined in section 2 of the animal welfare fund
act, 2007 PA 132, MCL 287.992.
(b) A felony or misdemeanor involving domestic violence. As
used in this subdivision, "domestic violence" means that term as
defined in section 1 of 1978 PA 389, MCL 400.1501.
(5) If the county animal control shelter denies a pet seller
license to an applicant, the county animal control shelter shall
state the reasons for the denial in writing to the applicant.
(6) A pet seller license is renewable upon submission of a
completed renewal application form as provided or made available by
a county animal control shelter and upon payment of a renewal
license fee of $100.00.
The Except as
otherwise provided in section 5c,
the licensing and registration requirements of this act do not
apply to a person who breeds his or her own animals or to a person
subject to 1969 PA 224, MCL 287.381 to 287.395.
(2) Subsection (1) does not create an exemption from
vaccination and licensing requirements under the dog law of 1919,
1919 PA 339, MCL 287.261 to 287.290, or from vaccination and
handling requirements under 1994 PA 358, MCL 287.891 to 287.901.
(3) This act does not require the alteration of a dog, cat, or
ferret being reclaimed from an animal control shelter or animal
protection shelter by its owner unless a local governmental
ordinance requires the alteration.