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

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

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

 

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


(vi).

 

     (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

 

township.

 

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

 

corporation, association, governmental entity, or other legal

 

entity.

 

     (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".