House Introduced Bill 5639

HOUSE BILL No. 5639

April 18, 2000, Introduced by Reps. Ruth Johnson, Rocca, Julian, Pappageorge, Birkholz, Hart, Howell, Garcia and Rick
Johnson and referred to the Committee on Local Government and Urban Policy.

A bill to amend 1919 PA 339, entitled

"Dog law of 1919,"

by amending sections 6, 8, 9, and 14 (MCL 287.266, 287.268,

287.269, and 287.274), as amended by 1998 PA 390.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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Sec. 6. (1) The owner of a dog that is 4 or more months old

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shall apply to the treasurer of the county or, except as provided

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in section 14, the treasurer of the township or city where the

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owner resides, or to the treasurer's authorized agent, for a

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license for each dog owned or kept by him or her.

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(2) Unless the county board of commissioners adopts a reso-

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lution under subsection (3), the owner shall apply for a license

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annually on or before March 1.

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(3) The county board of commissioners of a county may adopt

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a resolution during the 60-day period before the beginning of the

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county's fiscal year providing when the owner of a dog that is

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required to be licensed under subsection (1) must apply for a

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license. Before adopting the resolution, the county board of

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commissioners shall obtain the county treasurer's written

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approval of the resolution. Subject to subsection (4), the reso-

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lution shall provide for 1 of the following:

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(a) That the owner apply for a license by March 1 every year

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or every third year, at the owner's option.

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(B) THAT THE OWNER APPLY FOR A LICENSE BY JUNE 1 EVERY

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YEAR.

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(C) THAT THE OWNER APPLY FOR A LICENSE BY JUNE 1 EVERY YEAR

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OR EVERY THIRD YEAR, AT THE OWNER'S OPTION.

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(D) (b) That the owner apply for a license by the last day

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of the month of the dog's current rabies vaccination, every

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year.

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(E) (c) That the owner apply for a license by the last day

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of the month of the dog's current rabies vaccination, or of the

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anniversary of the dog's current rabies vaccination, every third

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year.

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(F) (d) That the owner apply for a license by 1 of the

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following, at the owner's option:

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(i) The last day of the month of the dog's current rabies

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vaccination every year.

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(ii) The last day of the month of the dog's current rabies

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vaccination, or of the anniversary of the dog's current rabies

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vaccination, every third year.

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(4) A resolution adopted under subsection (3) shall include

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necessary provisions for conversion to a new licensing schedule.

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The resolution may extend the effective period of outstanding

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licenses but shall not shorten the effective period of outstand-

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ing licenses or prorate license fees.

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(5) The application shall state the breed, sex, age, color,

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and markings of the dog, and the name and address of the last

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previous owner. The application for a license shall be accom-

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panied by a valid certificate of a current vaccination for

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rabies, with a vaccine licensed by the United States department

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of agriculture, signed by an accredited veterinarian. The cer-

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tificate for vaccination for rabies shall state the month and

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year of expiration for the rabies vaccination, in the

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veterinarian's opinion. A license shall not be issued under sub-

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section (3)(b), (c), or (d) (3)(D), (E), OR (F) if the dog's

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current rabies vaccination will expire more than 1 month before

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the date on which that license would expire. When applying for a

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license, the owner shall pay the license fee provided for in the

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county budget. The county board of commissioners may set license

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fees in the county budget at a level sufficient to pay all the

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county's expenses of administering this act as it pertains to

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dogs. For a spayed or neutered dog, the license fee, if any,

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shall be set lower than the license fee for a dog that is not

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spayed or neutered. In addition, the license fee may be set

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higher for a delinquent application than for a timely

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application.

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(6) IF A DOG IS LICENSED BEFORE IT BECOMES 5 MONTHS OLD AND

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IS SUBSEQUENTLY SPAYED OR NEUTERED BEFORE IT BECOMES 7 MONTHS

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OLD, THE OWNER OF THE DOG MAY EXCHANGE THE LICENSE FOR A LICENSE

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FOR A SPAYED OR NEUTERED DOG AND RECEIVE A REFUND FOR THE DIFFER-

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ENCE IN THE COST OF THE LICENSES. THE OWNER SHALL EXCHANGE THE

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LICENSE BEFORE THE DOG BECOMES 7 MONTHS OLD.

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(7) SUBSECTION (6) APPLIES IN A COUNTY ONLY IF THE COUNTY

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BOARD OF COMMISSIONERS ADOPTS A RESOLUTION TO THAT EFFECT DURING

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THE 60-DAY PERIOD BEFORE THE BEGINNING OF THE COUNTY'S FISCAL

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YEAR. BEFORE ADOPTING THE RESOLUTION, THE COUNTY BOARD OF COM-

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MISSIONERS SHALL OBTAIN THE COUNTY TREASURER'S WRITTEN APPROVAL

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OF THE RESOLUTION.

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(8) (6) The owner of a dog that is required to be licensed

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under this section shall keep the dog currently vaccinated

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against rabies by an accredited veterinarian with a vaccine

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licensed by the United States department of agriculture.

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Sec. 8. In a county in which section 6(2) or section

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6(3)(a) applies, a A person who becomes owner of a dog that is 4

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or more months old and that is not already licensed shall apply

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for a license within 30 days. A person who owns a dog that will

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become 4 months old and that is not already licensed shall apply

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for a license within 30 days after the dog becomes 4 months old.

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In a county in which section 6(2) or section 6(3)(a), (B), OR (C)

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applies, if a person applies for a license under this subsection

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after July 10 of a calendar year, the license fee shall be 1/2

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the fee provided for under section 6.

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Sec. 9. Each DOG license issued UNDER THIS ACT shall

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display all of the following:

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(a) An expiration date. Subject to section 6(4), the expi-

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ration date shall be 1 year or 3 years after the date on or

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before which the license was required to be obtained under sec-

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tion 6(3) 6. HOWEVER, THE EXPIRATION DATE OF A LICENSE ISSUED

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UNDER SECTION 6(3)(D), (E), OR (F) SHALL BE THE EARLIER OF THE

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FOLLOWING:

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(i) ONE YEAR OR 3 YEARS, AS APPLICABLE, AFTER THE DATE ON

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WHICH THE LICENSE WAS REQUIRED TO BE OBTAINED.

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(ii) THE EXPIRATION DATE OF THE DOG'S RABIES VACCINATION.

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(b) A serial number corresponding to the number on the metal

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tag furnished to the owner.

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(c) The name of the county issuing the license.

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(d) A full description of the dog licensed.

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Sec. 14. (1) Every township or city treasurer shall, on or

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before December 1 each year, apply to the county treasurer for

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necessary license blanks and tags for the ensuing year and shall

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issue dog licenses and tags in a manner prescribed for issuing

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licenses by the county treasurer. Every township or city trea-

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surer shall receive for the services of licensing dogs a reason-

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able fee at a rate determined by the county board of commission-

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ers for each dog license issued.

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(2) Each township or city treasurer shall not later than

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March 1 each year, OR JUNE 1 EACH YEAR FOR A COUNTY OPERATING

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UNDER SECTION 6(3)(B) OR (C), return to the county treasurer all

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unused tags, and the book or books from which dog licenses have

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been issued, containing receipts properly filled out, and showing

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the name of the person issued each license and the number of each

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license issued and a full description of each dog licensed. The

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township or city treasurer shall on or before March 1 each year,

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OR JUNE 1 EACH YEAR FOR A COUNTY OPERATING UNDER SECTION 6(3)(B)

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OR (C), pay over all money received for issuing licenses less the

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amount set by the board of commissioners to be retained by the

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township or village for each license issued.

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(3) A city may, by resolution of its legislative body, pro-

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vide that its clerk shall perform the duties by this act imposed

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on the treasurer. Upon the adoption of the resolution, the trea-

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surer of a city is not required to issue licenses under this act

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but the clerk of the city shall perform, in the manner and under

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the terms and conditions, and with the same compensation, all of

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the duties imposed upon city treasurers by this act.

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(4) A township treasurer, city treasurer, or city clerk may

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enter an agreement with the county treasurer for the county trea-

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surer to perform the duties of the township treasurer, city trea-

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surer, or city clerk under this act.

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