SB-1236, As Passed Senate, October 17, 2012

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 1236

 

 

August 15, 2012, Introduced by Senator CASPERSON and referred to the Committee on Agriculture.

 

 

 

     A bill to amend 2000 PA 274, entitled

 

"Large carnivore act,"

 

by amending sections 2 and 22 (MCL 287.1102 and 287.1122).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2. As used in this act:

 

     (a) "Animal control officer" means a county animal control

 

officer as described in sections 29a and 29b of the dog law of

 

1919, 1919 PA 339, MCL 287.289a and 287.289b, or a city, village,

 

or township animal control officer as described in section 29c of

 

the dog law of 1919, 1919 PA 339, MCL 287.289c.

 

     (b) "Animal control shelter" or "animal protection shelter"

 

means an animal control shelter or animal protection shelter,

 

respectively, registered with the department under section 6 of

 

1969 PA 287, MCL 287.336.

 

     (c) "Circus" means an incorporated, class C licensee that is

 


licensed under chapter I of title 9 of the code of federal

 

regulations, that is temporarily in this state, and that offers

 

skilled performances by live animals, clowns, and acrobats for

 

public entertainment. Circus does not include a person, whether or

 

not a class C licensee, who presents a large carnivore to the

 

public as part of a carnival or for any of the following purposes:

 

     (i) Exhibition.

 

     (ii) Education.

 

     (iii) Entertainment that includes wrestling, a photography

 

opportunity with a patron, or an activity in which the large

 

carnivore and a patron are in close contact with each other.

 

     (d) "Department" means the department of agriculture and rural

 

development.

 

     (e) "Facility" means an indoor or outdoor cage, pen, or

 

similar enclosure where a large carnivore is kept.

 

     (f) "Large carnivore" means either of the following:

 

     (i) Any of the following cats of the Felidae family, whether

 

wild or captive bred, including a hybrid cross with such a cat:

 

     (A) A lion.

 

     (B) A leopard, including, but not limited to, a snow leopard

 

or clouded leopard.

 

     (C) A jaguar.

 

     (D) A tiger.

 

     (E) A cougar.

 

     (F) A panther.

 

     (G) A cheetah.

 

     (ii) A bear of a species that is native or nonnative to this

 


state, whether wild or captive bred.

 

     (g) "Law enforcement officer" means:

 

     (i) A sheriff or sheriff's deputy.

 

     (ii) A village or township marshal.

 

     (iii) An officer of the police department of a city, village, or

 

township.

 

     (iv) An officer of the Michigan state police.

 

     (v) A peace officer who is trained and certified under the

 

commission on law enforcement standards act, 1965 PA 203, MCL

 

28.601 to 28.616.

 

     (vi) A conservation officer appointed by the department of

 

natural resources.

 

     (vii) An animal control officer.

 

     (viii) A law enforcement officer of the federal government

 

authorized to enforce any federal law regulating animals.

 

     (h) "Livestock" means that term as defined in section 5 of the

 

animal industry act, of 1987, 1988 PA 466, MCL 287.705.

 

     (i) "Local unit" means a city, village, township, or county.

 

     (j) "Permit" means a permit issued under section 4.

 

     (k) "Permitting agency" means the agency of a local unit that

 

issues permits under section 4.

 

     (l) "Person" means an individual, partnership, corporation,

 

association, governmental entity, or other legal entity.

 

     (m) "Pet shop" means a pet shop licensed by the department

 

under section 3 of 1969 PA 287, MCL 287.333.

 

     (n) "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. 22. (1) Sections 4, 5, and 6 do not apply to any of the

 

following:

 

     (a) An animal control shelter or animal protection shelter.

 

     (b) A person licensed or approved by the department of natural

 

resources of this state or by the United States fish and wildlife

 

service of the United States department of the interior. This

 

subdivision does not apply to a person in possession of 1 or more

 

black bears under the authority of a permit to hold wildlife in

 

captivity issued by the department of natural resources.

 

     (c) A zoological park approved or accredited by the American

 

zoo and aquarium association.

 

     (d) A person approved by the association of sanctuaries or the

 

American sanctuary association.

 

     (e) A law enforcement officer acting under the authority of

 

this act.

 

     (f) A veterinarian temporarily in possession of a large

 

carnivore to provide veterinary care for or humanely euthanize the

 

large carnivore.

 

     (2) Sections 4, 5, 6(1)(d) to (5)(d), 8, and 14(3) do not

 

apply to a person who is not a resident of this state and who is in

 

this state only for the purpose of travel between locations outside

 

of this state.

 

     (3) Subject to subsection (2), this act does not apply to a

 

person who meets all of the following requirements:

 

     (a) Is conducting a for-profit or nonprofit business that

 

meets both of the following requirements:

 


     (i) The primary purpose of the business is the presentation of

 

animals including large carnivores to the public for education or

 

exhibition purposes.

 

     (ii) The business is not conducted in connection with another

 

business as a means of attracting customers to that other business.

 

     (b) Is a class C licensee that possesses and maintains a class

 

C license under 9 C.F.R. CFR 1.1.

 

     (c) Meets or exceeds all standards, including but not limited

 

to standards for training, housing, care, and transport of large

 

carnivores, required of a class C licensee under 9 C.F.R. CFR 1.1.

 

     (d) Does not allow a patron to do any of the following:

 

     (i) Come into direct contact with a large carnivore other than

 

a bear less than 36 weeks of age.

 

     (ii) Come into direct contact with a bear 36 weeks of age or

 

older.

 

     (iii) (ii) Come into close enough contact with a large carnivore

 

over 20 weeks of age, other than a bear less than 36 weeks of age,

 

so as to place the patron in jeopardy of being harmed by the large

 

carnivore.

 

     (iv) Come into close enough contact with a bear 36 weeks of age

 

or older so as to place the patron in jeopardy of being harmed by

 

the bear.

 

     (e) Does not sell large carnivores, except to another person

 

that meets the requirements of this subsection.

 

     (f) Does not breed large carnivores.

 

     (4) This act does not apply to a circus.