0703: COMMITTEE SUMMARY (Date Completed: 9-27-11) - IMPORTATION OF LARGE CARNIVORE

IMPORTATION OF LARGE CARNIVORE S.B. 703: COMMITTEE SUMMARY
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Senate Bill 703 (as introduced 9-27-11)
Sponsor: Senator Joe Hune
Committee: Agriculture

Date Completed: 9-27-11

CONTENT
The bill would amend the Large Carnivore Act to prohibit a person from importing or attempting to import a large carnivore into Michigan unless all of the following requirements were met:

-- Ownership and possession of a large carnivore in Michigan was authorized by the Act.
-- The person was issued a prior entry permit by the Michigan Department of Agriculture and Rural Development (MDARD).
-- An identification number was placed in the animal by subcutaneous microchip.
The identification number would have to be recorded on the prior entry permit. "Prior entry permit" would mean that term as defined in the Animal Industry Act (MCL 287.706). Under that Act, "prior entry permit" means a code that is obtained from MDARD for specific species of livestock imported into Michigan that is recorded on the official interstate health certificate or official interstate certificate of veterinary inspection before entry into the State.

Proposed MCL 287.1108a

BACKGROUND
The Large Carnivore Act regulates the possession and transportation of a "large carnivore". The Act prohibits the possession of a large carnivore without a permit; regulates the handling and care of large carnivores; establishes standards for keeping large carnivores; and specifies owners' responsibilities in instances of attacks.

"Large carnivore" is defined as any of the following cats of the Felidae family, whether wild or captive bred, including a hybrid cross with such a cat: a lion, a leopard (including a snow leopard or clouded leopard), a jaguar, a tiger, a cougar, a panther, or a cheetah; or a bear of a species that is native or nonnative to Michigan, whether wild or captive bred.

A person who violates the Act is guilty of a misdemeanor and must be punished by a fine of not less than $250 or more than $1,000, plus costs of prosecution. A person who fails to obtain a permit required by the Act must be punished by a fine of not less than $500 or more than $2,000 for each large carnivore for which the permit was required, plus costs of prosecution. In addition, a person who violates the Act may be punished by one or more of the following:

-- -- Imprisonment for up to 93 days.
-- Community service work for up to 500 hours.
-- The loss of privileges to own or possess any animal.

Legislative Analyst: Patrick Affholter

FISCAL IMPACT
The bill would have a minimal fiscal impact on the Department of Agriculture and Rural Development and local government. The incidence of importation of large carnivores subject to the Act cannot be determined at this time, but it is estimated that the cost of enforcement by the State and local governments (animal control agencies) would be small.

In addition, there are no data to indicate how many offenders would be convicted of a misdemeanor for violating the bill. Local governments would incur the costs of incarceration in local facilities, which vary by county. Any additional penal fine revenue would be used in support of public libraries.

Fiscal Analyst: Bruce Baker Matthew Grabowski

Analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent. sb703/1112