SB-0048, As Passed Senate, February 14, 2013



Text Box: SENATE BILL No. 48















January 16, 2013, Introduced by Senators CASPERSON and WALKER 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).




     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




     (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




     (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




     (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 if the primary purpose of the that 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. 1.1.CFR parts 1 and 2.


     (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. 1.1.CFR


parts 1 and 2.


     (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 or a bear weighing 90 pounds or




     (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 or a


bear weighing 90 pounds or less, so as to place the patron in


jeopardy of being harmed by the large carnivore.


     (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.