HB-4353, As Passed Senate, December 14, 2016

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE 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 sections 1, 2, 5a, 6, 7, and 9 (MCL 287.331, 287.332,

 

287.335a, 287.336, 287.337, and 287.339), sections 1, 6, 7, and 9

 

as amended by 1997 PA 7 and section 5a as added by 1980 PA 214, and

 

by adding sections 8c, 9c, and 9d.

 

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.

 

     (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.

 

     (m) "ICHAT" means the internet criminal history access tool

 

maintained by the department of state police.

 

     (n) "Intact dog" means a dog that has not been altered.

 

     (o) "Large-scale dog breeding kennel" means a facility where

 

more than 15 female intact dogs over the age of 4 months are housed

 

or kept for the primary purpose of breeding. As used in this

 

subdivision, "housed or kept for the primary purpose of breeding"

 

means that the female dog has previously been bred and whelped. A

 

female dog that has not previously produced offspring shall not be

 

considered to have been housed or kept for the primary purpose of

 

breeding.

 

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

 

township.

 

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

 

corporation, association, governmental entity, or other legal

 

entity.

 

     (r) "Pet health certificate" means a certificate in a form

 

prescribed by the director in which a veterinarian attests to the

 

species, age, sex, breed, and description of an animal; any medical

 

conditions of the animal; any medical treatment and vaccinations

 

that the animal received while under the control of a pet shop or

 

large-scale dog breeding kennel; and to the fact that at the time


of the preparation of the certificate the veterinarian examined the

 

animal and found the animal free from visual evidence of

 

communicable disease.

 

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

 

offered for sale, exchange, or transfer.

 

     (t) (p) "Veterinarian" means a person licensed to practice

 

veterinary medicine under article 15 part 188 of the public health

 

code, 1978 PA 368, MCL 333.16101 333.18801 to 333.18838.

 

     Sec. 2. (1) The agriculture department shall issue may

 

promulgate rules to accomplish the purposes of this act and to

 

establish minimum standards for the housing, care, and handling of

 

animals to insure the humane care and handling of animals. The

 

department may also promulgate rules to establish minimum standards

 

for large-scale dog breeding kennels. The rules shall be

 

promulgated in accordance with the provisions of Act No. 88 of the

 

Public Acts of 1943, as amended, being sections 24.71 to 24.80 of

 

the Compiled Laws of 1948, and subject to Act No. 197 of the Public

 

Acts of 1952, as amended, being sections 24.101 to 24.110 of the

 

Compiled Laws of 1948.the administrative procedures act of 1969,

 

1969 PA 306, MCL 24.201 to 24.328.

 

     (2) Except as otherwise provided in this subsection, until the

 

department promulgates rules under subsection (1), a large-scale

 

dog breeding kennel is subject to R 285.151.1 to R 285.151.41 of

 

the Michigan administrative code. Notwithstanding R 285.151.25 of

 

the Michigan administrative code, in a large-scale dog breeding

 

kennel, a female dog in estrus may be housed with intact male dogs

 

for the purpose of breeding.


     Sec. 5a. (1) A person who operates a pet shop shall not do any

 

of the following:

 

     (a) Import import or cause to be imported into this state , or

 

offer for sale or resale, a dog or cat that is less than 8 weeks

 

old. A person who operates an animal control shelter or an animal

 

protection shelter shall not import or cause to be imported into

 

this state a dog or cat that is less than 8 weeks old unless the

 

dog or cat is imported with its dam. A large-scale dog breeding

 

kennel shall not import or cause to be imported into this state a

 

dog that is less than 8 weeks old unless the dog is imported with

 

its dam.

 

     (b) Import or cause to be imported into this state, or offer

 

for sale or resale, a dog or cat unless the dog or cat has

 

deciduous (baby) teeth visibly present.

 

     (2) (c) Sell or offer for sale A person who operates a pet

 

shop shall not sell, exchange, transfer, or offer for sale,

 

exchange, or transfer a dog or cat that is less than 8 weeks old. A

 

large-scale dog breeding kennel shall not sell, exchange, or

 

transfer a dog that is less than 8 weeks old.

 

     (3) A person that operates a pet shop, an animal control

 

shelter, an animal protection shelter, or a large-scale dog

 

breeding kennel shall not import or cause to be imported into this

 

state, or sell, adopt, exchange, or transfer, or offer for sale,

 

adoption, exchange, or transfer a dog, unless the all of the

 

following are satisfied before the dog's entry into this state:

 

     (a) The dog has been inoculated vaccinated against distemper,

 

hepatitis, and leptospirosis, para influenza and, if parvovirus,


and canine adenovirus-2. The dog shall also be vaccinated against

 

rabies and leptospirosis if the dog is 12 weeks of age or older. If

 

a rabies vaccine is required under this subdivision, the vaccine

 

shall be administered by an accredited veterinarian. A person

 

operating a pet shop or a large-scale dog breeding kennel shall

 

ensure that vaccinations other than the rabies vaccination are

 

administered not less than 7 days before the dog's entry into this

 

state. The director may require vaccinations against other diseases

 

not specified in this subdivision.

 

     (b) If indicated, the dog has been treated for external and

 

internal parasites , not less than 7 days before the dog's entry

 

into this state. so that the dog is not capable of spreading

 

external or internal parasites to another animal at the time it is

 

imported into this state.

 

     (c) The dog shall be is accompanied by a an interstate health

 

certificate or certificate of veterinary inspection signed by a an

 

accredited veterinarian licensed to practice veterinary medicine in

 

the dog's state of origin, including records of the dog's

 

medication and immunization.

 

     (4) (d) Sell or offer for sale A person who operates a pet

 

shop, an animal control shelter, or an animal protection shelter

 

shall not import or cause to be imported into this state, or sell,

 

adopt, exchange, or transfer, or offer for sale, adoption,

 

exchange, or transfer a cat, unless the all of the following are

 

satisfied before the cat's entry into this state:

 

     (a) The cat has been inoculated vaccinated against feline

 

panleukopenia, (cat distemper), rinotraecheitis and calici viruses,


and, if and feline herpes virus-1. The cat shall also be vaccinated

 

against rabies if the cat is 12 weeks of age or older. If a rabies

 

vaccine is required under this subdivision, the vaccine shall be

 

administered by an accredited veterinarian. A person operating a

 

pet shop shall ensure that vaccinations other than the rabies

 

vaccination are administered to the cat as required by this

 

subdivision not less than 7 days before the cat's entry into this

 

state. The director may require vaccinations against other diseases

 

not specified in this subdivision.

 

     (b) If indicated, the cat has been treated for external and

 

internal parasites , not less than 7 days prior to the cat's entry

 

into this state. so that the cat is not capable of spreading

 

external or internal parasites to another animal at the time it is

 

imported into this state.

 

     (c) The cat shall be is accompanied by a an interstate health

 

certificate or certificate of veterinary inspection filled out and

 

signed by a an accredited veterinarian licensed to practice

 

veterinary medicine in the cat's state of origin, including records

 

of the cat's medication and immunization.

 

     (5) (e) Sell A person who operates a pet shop or a large-scale

 

dog breeding kennel shall not sell, exchange, transfer, or deliver

 

a dog, or cat, or ferret without providing to the purchaser a valid

 

pet health certificate. signed by a veterinarian licensed by this

 

state, for the dog or cat. The certificate shall include a health

 

record indicating the date and type of vaccinations which have been

 

given to the dog or cat.For purposes of this subsection, a pet

 

health certificate is only valid for 30 days after the date the


House Bill No. 4353 as amended December 14, 2016

 

animal was examined by the veterinarian who signed the certificate.

 

     Sec. 6. (1) A municipality shall not operate an animal control

 

shelter unless the animal control shelter is registered with the

 

department.

 

     (2) A society for the prevention of cruelty to animals , or

 

any other person , shall not operate an animal protection shelter

 

unless the shelter is registered with the department.

 

     (3) A person shall not operate a large-scale dog breeding

 

kennel unless the large-scale dog breeding kennel is registered

 

with the department. The department shall charge an annual fee of

 

$500.00 per registration of a large-scale dog breeding kennel.

 

     (4) This act is not intended to apply to a dog owner or

 

breeder other than a person that operates a large-scale dog

 

breeding kennel.

 

     Sec. 7. Application for registration of an animal control

 

shelter, or an animal protection shelter, or a large-scale dog

 

breeding kennel shall be on forms approved a form prescribed by the

 

department.director.

 

     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 <<may choose not to>>

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".

 

     Sec. 9. (1) The Except as otherwise provided in this

 

subsection, the licensing and registration requirements of this act

 

do not apply to a person who breeds his or her own animals or to a

 

person subject to 1969 PA 224, MCL 287.381 to 287.395. The

 

licensing and registration requirements of this act apply to a

 

large-scale dog breeding kennel.

 

     (2) Subsection (1) does not create an exemption from

 

vaccination and licensing requirements under the dog law of 1919,

 

1919 PA 339, MCL 287.261 to 287.290, or from vaccination and

 

handling requirements under 1994 PA 358, MCL 287.891 to 287.901.

 

     (3) This act does not require the alteration of a dog, cat, or

 

ferret being reclaimed from an animal control shelter or animal

 

protection shelter by its owner unless a local governmental

 

government ordinance requires the alteration.

 

     Sec. 9c. (1) A large-scale dog breeding kennel shall maintain

 

current verifiable records for a period of at least 2 years. The

 

records shall include all of the following information:

 

     (a) The verified name and address of the person from whom the

 

dog was acquired, where the dog was acquired, and the date that the

 

dog was acquired.

 

     (b) A description and identification of the dog, including the

 

dog's identification information, color, breed, sex, alteration

 

status, and approximate weight and age.


     (c) The date and method of disposition of the dog. If the dog

 

is adopted, transferred, or sold, the records shall also include

 

the verified name and address of the person to whom the dog is

 

adopted, transferred, or sold.

 

     (d) The number of dogs on site daily at each physical

 

location.

 

     (e) The number of intact breeding adult female dogs on site

 

daily at the physical location.

 

     (f) Breeding records for each female intact dog that include

 

the approximate date the dog was bred and the birth date and size

 

of each litter during the time that the dog was at the physical

 

location.

 

     (2) A large-scale dog breeding kennel shall make the records

 

required under subsection (1) available to the director or his or

 

her representative on request.

 

     Sec. 9d. No later than 18 months after the effective date of

 

the amendatory act that added this section and annually thereafter

 

until September 30, 2019, the department shall prepare and submit a

 

report to the senate and house standing committees on

 

appropriations. The report required under this section shall

 

include, but is not limited to, all of the following information:

 

     (a) The number of registrations issued to large-scale dog

 

breeding kennels under section 6(3).

 

     (b) The approximate number of breeding animals housed at each

 

large-scale dog breeding kennel described in subdivision (a).

 

     (c) The number of inspections of large-scale dog breeding

 

kennels performed by the department or a partner of the department.


     (d) The number of complaints received regarding large-scale

 

dog breeding kennels.

 

     (e) The number of pending or assessed penalties arising from

 

the complaints described in subdivision (d).

 

     (f) Recommendations regarding all of the following:

 

     (i) Department staffing levels.

 

     (ii) Annual registration fees for large-scale dog breeding

 

kennels.

 

     (iii) Best practices for working with partners to assist in

 

identifying and resolving noncompliant large-scale dog breeding

 

kennels.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.