Act No. 8

Public Acts of 2013

Approved by the Governor

March 26, 2013

Filed with the Secretary of State

March 26, 2013

EFFECTIVE DATE: March 26, 2013

STATE OF MICHIGAN

97TH LEGISLATURE

REGULAR SESSION OF 2013

Introduced by Senators Casperson and Walker

ENROLLED SENATE BILL No. 48

AN ACT to amend 2000 PA 274, entitled “An act to regulate the ownership, possession, and care of certain large carnivores; to prohibit the ownership and possession of certain large carnivores; to impose fees; to prescribe the powers and duties of certain governmental entities and officials and of certain veterinarians; and to prescribe penalties and provide remedies,” by amending sections 2 and 22 (MCL 287.1102 and 287.1122).

The People of the State of Michigan enact:

Sec. 2. As used in this act:

(a) “Animal control officer” means a county animal control officer as described in sections 29a and 29b of the dog law of 1919, 1919 PA 339, MCL 287.289a and 287.289b, or a city, village, or township animal control officer as described in section 29c of the dog law of 1919, 1919 PA 339, MCL 287.289c.

(b) “Animal control shelter” or “animal protection shelter” means an animal control shelter or animal protection shelter, respectively, registered with the department under section 6 of 1969 PA 287, MCL 287.336.

(c) “Circus” means an incorporated, class C licensee that is licensed under chapter I of title 9 of the code of federal regulations, that is temporarily in this state, and that offers skilled performances by live animals, clowns, and acrobats for public entertainment. Circus does not include a person, whether or not a class C licensee, who presents a large carnivore to the public as part of a carnival or for any of the following purposes:

(i) Exhibition.

(ii) Education.

(iii) Entertainment that includes wrestling, a photography opportunity with a patron, or an activity in which the large carnivore and a patron are in close contact with each other.

(d) “Department” means the department of agriculture and rural development.

(e) “Facility” means an indoor or outdoor cage, pen, or similar enclosure where a large carnivore is kept.

(f) “Large carnivore” means either of the following:

(i) Any of the following cats of the Felidae family, whether wild or captive bred, including a hybrid cross with such a cat:

(A) A lion.

(B) A leopard, including, but not limited to, a snow leopard or clouded leopard.

(D) A tiger.

(E) A cougar.

(F) A panther.

(G) A cheetah.

(ii) A bear of a species that is native or nonnative to this state, whether wild or captive bred.

(g) “Law enforcement officer” means:

(i) A sheriff or sheriff’s deputy.

(ii) A village or township marshal.

(iii) An officer of the police department of a city, village, or township.

(iv) An officer of the Michigan state police.

(v) A peace officer who is trained and certified under the commission on law enforcement standards act, 1965 PA 203, MCL 28.601 to 28.616.

(vi) A conservation officer appointed by the department of natural resources.

(vii) An animal control officer.

(viii) A law enforcement officer of the federal government authorized to enforce any federal law regulating animals.

(h) “Livestock” means that term as defined in section 5 of the animal industry act, 1988 PA 466, MCL 287.705.

(i) “Local unit” means a city, village, township, or county.

(j) “Permit” means a permit issued under section 4.

(k) “Permitting agency” means the agency of a local unit that issues permits under section 4.

(l) “Person” means an individual, partnership, corporation, association, governmental entity, or other legal entity.

(m) “Pet shop” means a pet shop licensed by the department under section 3 of 1969 PA 287, MCL 287.333.

(n) “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. 22. (1) Sections 4, 5, and 6 do not apply to any of the following:

(a) An animal control shelter or animal protection shelter.

(b) A person licensed or approved by the department of natural resources of this state or by the United States fish and wildlife service of the United States department of the interior. This subdivision does not apply to a person in possession of 1 or more black bears under the authority of a permit to hold wildlife in captivity issued by the department of natural resources.

(d) A person approved by the association of sanctuaries or the American sanctuary association.

(e) A law enforcement officer acting under the authority of this act.

(f) A veterinarian temporarily in possession of a large carnivore to provide veterinary care for or humanely euthanize the large carnivore.

(2) Sections 4, 5, 6(1)(d) to (5)(d), 8, and 14(3) do not apply to a person who is not a resident of this state and who is in this state only for the purpose of travel between locations outside of this state.

(3) Subject to subsection (2), this act does not apply to a person who meets all of the following requirements:

(a) Is conducting a for-profit or nonprofit business, if the primary purpose of that business is the presentation of animals including large carnivores to the public for education or exhibition purposes.

(b) Is a class C licensee that possesses and maintains a class C license under 9 CFR parts 1 and 2.

(c) Meets or exceeds all standards, including but not limited to standards for training, housing, care, and transport of large carnivores, required of a class C licensee under 9 CFR parts 1 and 2.

(d) Except as provided in subsection (4), does not allow a patron to do any of the following:

(i) Come into direct contact with a large carnivore.

(ii) Come into close enough contact with a large carnivore over 20 weeks of age so as to place the patron in jeopardy of being harmed by the large carnivore.

(e) Does not sell large carnivores, except to another person that meets the requirements of this subsection.

(f) Does not breed large carnivores.

(4) This act does not apply to a person who allows a patron to come into contact with a large carnivore under subsection (3)(d)(i) or (ii) if the large carnivore is a bear less than 36 weeks of age or a bear weighing 90 pounds or less if the person otherwise meets the requirements of subsection (3) and satisfies 1 of the following:

(a) The person was in possession of a bear on the effective date of the 2013 amendatory act that amended this section.

(b) The person acquired a business described in subsection (3)(a) from a person who was in possession of a bear on the effective date of the 2013 amendatory act that amended this section.

(5) This act does not apply to a circus.

This act is ordered to take immediate effect.

Secretary of the Senate

Clerk of the House of Representatives

Approved

Governor