SB-0339, As Passed Senate, December 1, 2016

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 339

 

 

 

 

 

 

 

 

 

 

 

     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 the title and sections 2 and 9 (MCL 287.332 and

 

287.339), the title and section 9 as amended by 1997 PA 7, and by

 

adding section 11; and to repeal acts and parts of acts.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

TITLE

 

     An act to regulate pet shops, animal control shelters, and

 

animal protection shelters, and dog breeding operations; to

 

establish uniform procedures and minimum requirements for adoption

 

of dogs, cats, and ferrets; to create an animal welfare commission;

 

to prescribe its powers and duties; to prescribe the powers and

 

duties of certain governmental officers and entities; and to


prescribe penalties and civil fines and to provide remedies; and to

 

repeal acts and parts of acts.

 

     Sec. 2. (1) The agriculture department shall issue Subject to

 

subsection (2), the department 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 ensure the humane

 

care and handling of animals. 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.

 

     (2) Within 18 months after the effective date of the 2016

 

amendatory act that added this subsection, the department shall

 

promulgate rules to establish for dog breeding operations minimum

 

standards that are consistent with accepted animal welfare

 

standards. The rules shall not conflict with the commission's

 

recommendations under section 11(12). The rules may prohibit

 

activities by dog breeding operations, including, but not limited

 

to, activities described in section 5a. The rules may require

 

licensing and inspection of dog breeding operations. If licensing

 

is required, the rules shall provide for licensing fees that do not

 

exceed the reasonable costs of administering the department's dog

 

breeding operation program.

 

     (3) Rules described in this section shall be promulgated

 

pursuant to the administrative procedures act of 1969, 1969 PA 306,

 

MCL 24.201 to 24.328.


Senate Bill No. 339 as amended December 1, 2016

 

     (4) Until the department promulgates rules under subsection

 

(2), dog breeding operations shall comply with 9 CFR 3.1 to 3.19.

 

     Sec. 9. (1) The licensing and registration requirements of

 

this act do not apply to a person any of the following:

 

     (a) An individual who breeds his or her own animals.

 

     (b) Except as otherwise provided in rules promulgated under

 

section 2(2) or, before the effective date of those rules, in

 

regulations cited in section 2(4), to a person subject to 1969 PA

 

224, MCL 287.381 to 287.395.

 

     (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

 

ordinance requires the alteration.

 

     Sec. 11. (1) The animal welfare commission is created within

 

the department. The commission shall exercise its powers and duties

 

independently of the department, except that budgeting,

 

procurement, and related management functions shall be performed

 

under the direction and supervision of the director.

 

     (2) The commission shall consist of the following members<<,

who shall be residents of this state,>>

appointed by the director with the advice and consent of the

 

senate:

 

     (a) <<THREE>> individuals who are employees or board members of an

 

animal protection shelter that is exempt from taxation under


Senate Bill No. 339 as amended December 1, 2016

 

section 501(c)(3) of the internal revenue code of 1986, 26 USC 501,

 

is registered under section 6, and annually cares for more than

 

2,000 dogs.

 

     (b) An individual member of an animal rescue organization that

 

is exempt from taxation under section 501(c)(3) of the internal

 

revenue code of 1986, 26 USC 501.

 

     (c) A licensed veterinarian who is accredited by the United

 

States Department of Agriculture and has experience in animal

 

population health.

 

     (d) Two individuals who are involved in animal control for

 

different local units of government and who are members of an

 

association of animal control officers.

 

     (e) An individual from academia who specializes in animal

 

welfare.

     <<(f) An individual who is a breeder specializing in breeds of dogs

specific to hunting.

     (G) An individual representing a statewide hunting organization.

     (H)>> A member of the general public.

 

     <<(I) TWO>> dog breeders who are members of a national

 

organization of dog breeders and owners.

 

     <<(J)>> The director, who shall serve without vote.

 

     (3) The members first appointed to the commission shall be

 

appointed within 90 days after the effective date of the 2016

 

amendatory act that added this section.

 

     (4) If a vacancy occurs on the commission, the director shall

 

make an appointment to fill the vacancy for the balance of the life

 

of the commission in the same manner as the original appointment.

 

     (5) The director may remove a member of the commission for

 

incompetence, dereliction of duty, malfeasance, misfeasance, or

 

nonfeasance in office, or any other good cause.


     (6) The first meeting of the commission shall be called by the

 

director. At the first meeting, the commission shall elect from

 

among its members a chairperson and vice-chairperson and other

 

officers as it considers appropriate. After the first meeting, the

 

commission shall meet at least quarterly. A special meeting shall

 

be held at the call of the chairperson or if requested by 5 or more

 

members. Notice of a special meeting shall be given to members at

 

least 3 business days in advance.

 

     (7) A majority of the members of the commission constitute a

 

quorum for the transaction of business at a meeting of the

 

commission. Approval of a majority of the members appointed and

 

serving is required for official action of the commission. A

 

commission member shall not vote by proxy.

 

     (8) The business that the commission may perform shall be

 

conducted at a public meeting of the commission held in compliance

 

with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275. A

 

writing prepared, owned, used, in the possession of, or retained by

 

the commission in the performance of an official function is

 

subject to the freedom of information act, 1976 PA 442, MCL 15.231

 

to 15.246.

 

     (9) Within 45 days after appointment and confirmation of all

 

members, the commission shall adopt bylaws for the operation of the

 

commission. The bylaws shall include voting procedures and minimum

 

requirements for attendance at meetings.

 

     (10) The legislature shall set the per diem compensation for

 

members of the commission. Expenses of members incurred in the

 

performance of official duties shall be reimbursed as provided by


Senate Bill No. 339 as amended December 1, 2016

 

law for state employees.

 

     (11) The department shall do all of the following:

 

     (a) Furnish administrative services to the commission.

 

     (b) Provide secretarial and other staff necessary for the

 

proper exercise of the powers and duties of the commission.

 

     (c) Provide adequate office space to the commission.

 

     (d) Give notice of the times and places of commission

 

meetings.

 

     (e) Keep minutes of commission meetings.

 

     (12) By 9 months after the effective date of the 2016

 

amendatory act that added this section, the commission shall submit

 

to the department recommendations for rules defining and regulating

 

dog breeders <<and shall submit a copy of the recommendations to the

chairs of the senate and house standing committees on agriculture>>.

 

     (13) The commission is dissolved 30 days after the effective

 

date of the rules promulgated under section 2(2).

 

     (14) This section is repealed 2 years after the effective date

 

of the amendatory act that added this section.

 

     Enacting section 1. This amendatory act does not take effect

 

unless House Bill No. 4898 of the 98th Legislature is enacted into

 

law.