HB-4353, As Passed House, February 9, 2016


























     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.




     Sec. 1. As used in this act:


     (a) "Adoption" means a transfer of ownership, with or without


remuneration, of 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.


     (d) "Animal" means a mammal except livestock as defined in


1937 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).


     (f) (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.


     (g) (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


homeless animals.


     (h) (g) "Cat" means a domestic cat of any age of the species


felis Felis catus.


     (i) (h) "Department" means the state department of agriculture


and rural development.


     (j) (i) "Director" means the director of the department or his


or her authorized representative.


     (k) (j) "Dog" means a domestic dog of any age of the species


canis Canis familiaris.


     (l) (k) "Ferret" means an animal of any age of the species


mustela Mustela furo.


     (m) (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.


     (o) (m) "Municipality" means a county, city, village, or




     (p) (n) "Person" means an individual, partnership,


corporation, association, governmental entity, or other legal




     (q) (o) "Pet shop" means a place where animals are sold or


offered for sale, exchange, or transfer.


     (r) (p) "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


protection act".