HB-4353, As Passed House, February 9, 2016
HOUSE BILL NO. 4353
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 section 1 (MCL 287.331), as amended by 1997 PA 7, and
by adding section 8c.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. As used in this act:
(a) "Adoption" means a transfer of ownership, with or without
a dog, cat, or ferret an
animal 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.
"Animal" means a
mammal except livestock as defined in
PA 284, MCL 287.121 to 287.131, and rodents.vertebrate other
than a human being.
(e) "Animal abuse offense" means 1 or more of the following,
but does not include the lawful use of an animal to hunt or to
participate in field trials or the lawful killing or other use of
an animal in farming or a generally accepted animal husbandry or
farming practice involving livestock:
(i) A violation of section 49 of the Michigan penal code, 1931
PA 328, MCL 750.49.
(ii) A violation of section 50 of the Michigan penal code,
1931 PA 328, MCL 750.50.
(iii) A violation of section 50a of the Michigan penal code,
1931 PA 328, MCL 750.50a.
(iv) A violation of section 50b of the Michigan penal code,
1931 PA 328, MCL 750.50b.
(v) A violation of section 50c of the Michigan penal code,
1931 PA 328, MCL 750.50c.
(vi) A violation of section 158 of the Michigan penal code,
1931 PA 328, MCL 750.158, if the violation arose out of a crime
against nature with an animal.
(vii) A violation of a local ordinance substantially
corresponding to a violation described in subparagraphs (i) to
(viii) An attempt or conspiracy to commit an offense described
in subparagraphs (i) to (vii).
"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.
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
"Cat" means a domestic cat
of any age of the species
"Department" means the state
department of agriculture
and rural development.
"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.
(n) "ICHAT" means the internet criminal history access tool
maintained by the department of state police.
"Municipality" means a
county, city, village, or
"Person" means an
corporation, association, governmental entity, or other legal
"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. 8c. (1) An animal control shelter or animal protection
shelter may consider an individual's criminal history when deciding
whether to allow that individual to adopt an animal. An animal
control shelter or animal protection shelter shall not allow an
individual who has been convicted of an animal abuse offense to
adopt an animal unless a period of at least 5 years has elapsed
since the date of his or her conviction. An animal control shelter
or animal protection shelter may choose not to allow an individual
who is charged with committing an animal abuse offense and enters a
plea to any other crime in exchange for dismissal of that charge to
adopt an animal.
(2) This section may be referred to as the "animal adoption