HB-5778, As Passed House, December 20, 2018

HB-5778, As Passed Senate, December 19, 2018

 

 

 

 

 

 

 

 

 

 

 

 

SENATE SUBSTITUTE FOR

 

HOUSE BILL NO. 5778

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 2000 PA 274, entitled

 

"Large carnivore act,"

 

by amending sections 2, 3, 14, and 22 (MCL 287.1102, 287.1103,

 

287.1114, and 287.1122), section 2 as amended by 2016 PA 305 and

 

section 22 as amended by 2013 PA 8, and by adding sections 22a,

 

22b, and 22c.

 

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 9 CFR chapter I 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.

 

     (c) "Breeding license" means the license granted under section

 

22b.

 

     (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.

 

     (C) A jaguar.

 

     (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 licensed or certified

 

under the Michigan commission on law enforcement standards act,

 

1965 PA 203, MCL 28.601 to 28.615.

 

     (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.those species of

 

animals used for human food and for fiber or those species of

 

animals used for service to humans. Livestock includes, but is not

 

limited to, cattle, sheep, new world camelids, old world camelids,


goats, bison, privately owned cervids, ratites, swine, equine,

 

poultry, aquaculture species, and rabbits. Livestock does not

 

include dogs or cats.

 

     (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) "State veterinarian" means the chief animal health

 

official of this state as appointed by the director of the

 

department under section 7 of the animal industry act, 1988 PA 466,

 

287.707, or his or her authorized representative.

 

     (o) (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. 3. A person shall not do any of the following:

 

     (a) Own or possess a large carnivore except in compliance with

 

this act.

 

     (b) Breed Except as provided in section 22, breed a large

 

carnivore.

 

     (c) Transfer ownership or possession of or receive a transfer

 

of ownership or possession of a large carnivore, with or without

 

remuneration. This subdivision does not apply to a transfer of

 

ownership or possession of a large carnivore expressly authorized


or required by this act.

 

     Sec. 14. (1) If there is probable cause to believe this act is

 

being violated, a law enforcement officer may give notice of the

 

violation in writing to the owner of the large carnivore. The

 

notice shall identify the violation and include a copy of this act.

 

     (2) Not more than 30 days after the notice is delivered, the

 

owner of the large carnivore shall transfer ownership and

 

possession of the large carnivore or, subject to subsection (3),

 

correct the violation and shall notify the law enforcement officer

 

of the action taken.

 

     (3) If the violation was failure to obtain a permit and the

 

violation was committed knowingly, not more than 14 days after the

 

notice is delivered, the owner of the large carnivore shall

 

transfer ownership and possession of the large carnivore and notify

 

the law enforcement officer of the action taken.

 

     (4) A large carnivore transferred under subsection (2) or (3)

 

shall must be transferred to a person described in section 22(1)(a)

 

, (b), (c), or (d). or (3). Notice that the large carnivore was

 

transferred under this subsection shall must include evidence of

 

the transfer satisfactory to the law enforcement officer.

 

     (5) Unless the owner of the large carnivore notifies the law

 

enforcement officer that the large carnivore was transferred under

 

subsection (2) or (3), the law enforcement officer shall conduct an

 

inspection at a reasonable time not less than 30 days after notice

 

of the violation was delivered. When the second inspection is

 

conducted, the owner of the large carnivore shall pay an inspection

 

fee of $25.00 or actual, reasonable costs of the inspection,


whichever is greater, to the law enforcement officer.

 

     (6) If the law enforcement officer finds that the owner of the

 

large carnivore has not complied with subsection (2) or (3), the

 

law enforcement officer shall seek forfeiture of the large

 

carnivore under section 16.

 

     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.

 

     (a) (b) A person who is licensed or approved by the department

 

of natural resources of this state or by the United States fish and

 

wildlife service Fish and Wildlife Service of the United States

 

department of the interior. 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.

 

     (c) A zoological park approved or accredited by the American

 

zoo and aquarium association.

 

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

 

American sanctuary association.

 

     (b) (e) A law enforcement officer acting under the authority

 

of this act.

 

     (c) (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) Sections 4, 5, 6(1)(d) to (5)(d), and 14(3) do not apply

 

to an animal control shelter or animal protection shelter in

 

possession of a large carnivore to provide humane euthanasia or

 

export the large carnivore to another state under section 8.

 

     (4) (3) Subject to subsection (2), this act does Sections 4,

 

6(1)(d) to (5)(d), 8, and 14(3) do not apply to a person who

 

resides in this state and 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 required of a class C

 

licensee under 9 CFR parts 1 and 2, 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.If the United States Department of Agriculture has, within

 

the last 5 years, confiscated an animal of, or issued a finally

 

determined direct or critical noncompliance to or a civil penalty,

 

including a cease and desist order, a monetary penalty, or a

 

license suspension or revocation against, a class C licensee, that

 

class C licensee does not meet the requirement under this

 

subdivision.

 

     (d) Except as provided in subsection (4), (5), does not allow

 

a patron to do any either 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.

 

     (5) (4) This act does not apply to a A person who allows

 

otherwise meets the requirements under subsection (4) may allow 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.March 26,

 

2013.

 

     (b) The person acquired a business described in subsection

 

(3)(a) (4) from a person who was in possession of a bear on the

 

effective date of the 2013 amendatory act that amended this

 

section.March 26, 2013.

 

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

 

     (6) Notwithstanding any law to the contrary, a person who

 

meets the requirements of subsection (5) may breed not more than 4

 

black bear sows per year if the person satisfies all of the

 

following conditions:

 

     (a) The person does not transfer a large carnivore to any of


the following:

 

     (i) A person that is not qualified or capable, as determined

 

by the department, of safely maintaining the large carnivore or

 

ensuring its well-being.

 

     (ii) An animal auction or a person that may display or sell

 

the large carnivore at an animal auction.

 

     (iii) A person that allows the hunting of large carnivores.

 

     (b) The person does not raise a large carnivore for the

 

purpose of providing food, fur, pelts, body parts, organs, or

 

bodily fluids, or transfer a large carnivore to a person that will

 

use the large carnivore for any of those purposes.

 

     (c) The person does not perform disfiguring procedures,

 

including, but not limited to, declawing or canine tooth removal,

 

unless considered medically necessary by a licensed veterinarian.

 

     (7) Sections 3(b), 4, 5, 6(1)(d) to (5)(d), and 14(3) do not

 

apply to a person who holds a valid breeding license under section

 

22b.

 

     Sec. 22a. Subject to section 22b, a person who meets all of

 

the following requirements may apply to the department for a

 

breeding license to breed large carnivores:

 

     (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 required of a class C


licensee under 9 CFR parts 1 and 2, including, but not limited to,

 

standards for training, housing, care, and transport of large

 

carnivores. If the United States Department of Agriculture has,

 

within the last 5 years, confiscated an animal of, or issued a

 

finally determined direct or critical noncompliance to or a civil

 

penalty, including a cease and desist order, a monetary penalty, or

 

a license suspension or revocation against, a class C licensee,

 

that class C licensee does not meet the requirement under this

 

subdivision.

 

     (d) Does not allow a patron to come into direct contact with a

 

large carnivore.

 

     (e) Does not sell large carnivores, except to another person

 

that meets the requirements of this section.

 

     Sec. 22b. (1) The application for a license to breed large

 

carnivores must be on a form prescribed by the department and must

 

contain both of the following:

 

     (a) The name, address, telephone number, and electronic mail

 

address of the person applying and, if the person applying is a

 

corporation, partnership, association, governmental entity, or

 

other legal entity, list any partners, officers, or agent for

 

service of process.

 

     (b) A description of the 2 large carnivores the person intends

 

to breed and the purpose for the breeding that demonstrates

 

compliance with section 22c(1)(l).

 

     (2) The application described under subsection (1) must be

 

accompanied by the following:

 

     (a) Documentation from the United States Department of


Agriculture that the person has not had an animal confiscated or

 

been issued a finally determined direct or critical noncompliance

 

or civil penalty as described in section 22a(c).

 

     (b) Documentation that the person complies with section 22a.

 

     (c) Documentation that the person complies with section 22c.

 

Documentation that the person complies with section 22c(1)(c) and

 

(d) must be from a local law enforcement agency.

 

     (d) An application fee of $2,500.00.

 

     (3) Except as provided in subsections (6) and (8), a breeding

 

license to breed the 2 large carnivores identified under subsection

 

(1)(b) that is granted under this section is valid for 3 years from

 

the date the breeding license is granted.

 

     (4) Upon receipt of an application described under subsection

 

(1), the department shall forward the application to the large

 

carnivore breeding advisory committee created in subsection (5).

 

Not later than 90 days after receiving an application under

 

subsection (1), the department shall deny, grant, or grant with

 

conditions the application for a breeding license after considering

 

the recommendation of the state veterinarian. The department shall

 

not grant more than 10 new breeding licenses in a calendar year.

 

Receipt of the application is considered the date the application

 

is received by any agency or department of this state. If the

 

application is considered incomplete by the department, the

 

department shall notify the applicant in writing or make notice

 

electronically available within 14 days after receipt of the

 

incomplete application, describing the deficiency and requesting

 

additional information. If the department identifies a deficiency,


the 90-day period is tolled upon notification by the department of

 

a deficiency and until the date the requested information is

 

received by the department.

 

     (5) The large carnivore breeding advisory committee is created

 

in the department to advise the department on applications for a

 

breeding license. The committee shall consist of the state

 

veterinarian, who shall serve as chairperson, and the following 2

 

members appointed by the governor:

 

     (a) One individual who is a member of a public zoo.

 

     (b) One individual who is a member of a private zoo.

 

     (6) The department may revoke a breeding license granted under

 

this section upon the advice from the state veterinarian and after

 

notice and a hearing as provided under the administrative

 

procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.

 

     (7) The revenue received for application fees under this

 

section shall be deposited in the agriculture licensing and

 

inspection fees fund created in section 9 of the insect pest and

 

plant disease act, 1931 PA 189, MCL 286.209. The application fees

 

collected under this section and placed in the agriculture

 

licensing and inspection fees fund shall be used only by the

 

department to implement this section.

 

     (8) The department may allow a person to amend a breeding

 

license to breed a large carnivore that was not identified on the

 

application under subsection (1)(b) if the person provides all of

 

the following information to the department on forms prescribed by

 

the department:

 

     (a) Verification the person holds a valid breeding license.


     (b) A description of the large carnivore that was not

 

identified on the application under subsection (1)(b).

 

     (c) Identification of the large carnivore to be removed from

 

the breeding license.

 

     (d) The reasons the large carnivore identified under

 

subdivision (c) was unable to breed.

 

     Sec. 22c. (1) A person who holds a breeding license granted

 

under section 22b shall do all of the following:

 

     (a) Ensure that a facility in which a large carnivore is

 

housed is adequately lit and free of clutter. Service doors must be

 

clearly marked and in good working condition, and sufficient

 

barriers must be in place to prevent unauthorized access to areas

 

not intended for public access.

 

     (b) Provide immediate access to staff working with or around

 

large carnivores to designated emergency response personnel through

 

a walkie-talkie, cellular telephone, alarm, or other electronic

 

device.

 

     (c) Create written emergency protocols for large carnivore

 

escapes and injuries to humans by large carnivores and conduct

 

annual emergency drills to practice responses for large carnivore

 

escapes and injuries to humans by large carnivores. The emergency

 

protocols must include communication systems to notify local law

 

enforcement and emergency services.

 

     (d) If law enforcement is not within a reasonable distance

 

from the facility, create a trained firearms team. A trained

 

firearms team shall have professional training and practice

 

emergency responses at least 2 times each year.


     (e) Provide and ensure the functionality of security and fire

 

protection systems and methods that provide a reasonable level of

 

safety for the collection of animals on a 24-hour basis, including,

 

but not limited to, compliance with local building codes and an

 

appropriate combination of night security, patrols, fire and smoke

 

detection systems and alarms, monitors, and building design

 

features.

 

     (f) House a large carnivore that is not native to a temperate

 

environment in an environment that has climate control and is

 

comfortable for that species of large carnivore. An environment

 

that relies on climate control must have an emergency backup system

 

available, and all mechanical equipment must be included in a

 

documented preventative maintenance program.

 

     (g) Ensure that the conditions in which the large carnivore is

 

kept take into account all of the following:

 

     (i) Need for space.

 

     (ii) Need for complexity in the large carnivore's environment

 

in order to provide for the large carnivore's physical, social, and

 

psychological well-being. The space in which the large carnivore is

 

kept must include provisions for the behavioral enrichment of the

 

large carnivore.

 

     (iii) Choice and control over the use of space and social

 

interactions with other large carnivores in the same space. The

 

person must be capable of separating a large carnivore from other

 

animals if the large carnivore exhibits a desire for separation.

 

     (iv) Protection from injury and disease.

 

     (h) Train staff to recognize abnormal behavior and clinical


signs of illness and have knowledge regarding the diets, husbandry,

 

natural history, and care required for large carnivores under their

 

care to ensure the well-being of the large carnivores.

 

     (i) Maintain a written policy for the acquisition, transfer,

 

and disposition of large carnivores. The written policy described

 

in this subdivision must satisfy all of the following:

 

     (i) The policy must comply with all applicable local, state,

 

federal, and international laws and regulations.

 

     (ii) The policy must require documentation of ownership of

 

large carnivores and any applicable chain of custody.

 

     (iii) The policy must establish a system for the documentation

 

of acquisition, transfer, and disposition of large carnivores using

 

a comprehensive institutional record-keeping system. Individual

 

large carnivores must be permanently identified as provided in

 

section 5.

 

     (iv) The policy must require the acquisition of a free-ranging

 

animal to be done in accordance with applicable local, state,

 

federal, and international laws and regulations and prohibit the

 

acquisition if it is detrimental to the long-term viability of the

 

large carnivore species in the wild.

 

     (j) Meet all applicable local, state, federal, and

 

international laws and regulations when designating a large

 

carnivore for reintroduction and release into the wild.

 

     (k) Satisfy all of the following requirements:

 

     (i) Sign and provide to the department a succession plan for

 

the large carnivores held by the person. The person shall also sign

 

and provide to the department an affidavit stating that the person


has the financial ability to care for the collection of large

 

carnivores.

 

     (ii) Has a written contingency plan in place in the event that

 

a significant decrease in operating income occurs.

 

     (iii) Provide insurance coverage for staff, volunteers,

 

visitors, and physical facilities.

 

     (l) Participate in scientific, sustainable, and cooperatively

 

managed breeding programs that identify specific and typically

 

threatened or endangered large carnivore species that are composed

 

of large carnivores of known provenance and pedigree. A breeding

 

program described in this subdivision must be based on

 

comprehensive pedigree and demographic databases and analyses and

 

must have long-range population management goals and

 

recommendations to ensure sustainability of the population. A

 

breeding program described in this subdivision must not allow the

 

breeding of species hybrids or the breeding of a large carnivore

 

for the purpose of selling, bartering, or trading the large

 

carnivore's parts, and must ensure that adequate space to house

 

offspring of a large carnivore is in place.

 

     (m) Satisfy all of the following with respect to veterinary

 

care of a large carnivore:

 

     (i) Has a staff or attending veterinarian with knowledge of

 

the species of large carnivore held by the person available 24

 

hours per day.

 

     (ii) Has a veterinary care program that emphasizes disease

 

prevention.

 

     (iii) Perform routine health evaluations to evaluate for


infectious and noninfectious diseases common to large carnivores.

 

The health evaluations described in this subparagraph must include,

 

but are not limited to, all of the following:

 

     (A) Fecal parasite screening.

 

     (B) Complete blood count and serum chemistry.

 

     (C) Weight.

 

     (D) Health examinations described in section 6(5)(k).

 

     (iv) Regularly vaccinate large carnivores for infectious

 

diseases, as considered necessary by the attending veterinarian,

 

and excludes from enclosures wildlife or feral animals that could

 

transmit an infectious disease to a captive large carnivore.

 

     (v) Consider procedures including, but not limited to,

 

castration and ovariohysterectomy, that would benefit the long-term

 

health and welfare of an individual large carnivore.

 

     (vi) Adopt humane euthanasia practices as set forth in the

 

"American Veterinary Medical Association Euthanasia Guidelines",

 

performs necropsies on the deceased large carnivores to determine

 

the cause of death, and disposes of a large carnivore after a

 

necropsy in accordance with local, state, and federal law.

 

     (vii) Meet all applicable laws or regulations regarding food

 

preparation and storage.

 

     (viii) Provide a nutritious diet and, to the best of the

 

person's ability, minimizes disease, nutritional deficiencies,

 

infections, parasite infestations, and obesity.

 

     (ix) Make written procedures available to staff for the use of

 

drugs for veterinary purposes, and maintains appropriate security

 

over veterinary drugs.


     (n) Maintain a written conservation action plan and strategy

 

that is part of a collaborative, scientifically managed species

 

conservation program for each species of large carnivore held that

 

includes, but is not limited to, all of the following:

 

     (i) Participation in local, regional, national, or

 

international conservation programs, including, but not limited to,

 

staff support or participation in field conservation activities and

 

financial support.

 

     (ii) Education awareness programs for guests, staff,

 

volunteers, supporters, members, vendors, and contractors.

 

     (iii) Evaluation and measurement of the impact of conservation

 

programs and activities.

 

     (2) A person who holds a breeding license granted under

 

section 22b shall not do any of the following:

 

     (a) Transfer a large carnivore to a person that is not

 

qualified or capable of safely maintaining the large carnivore or

 

ensuring its well-being.

 

     (b) Transfer a large carnivore to an animal auction or to a

 

person that may display or sell the large carnivore at an animal

 

auction.

 

     (c) Transfer a large carnivore to a person that allows the

 

hunting of large carnivores.

 

     (d) Raise a large carnivore for the purpose of providing food,

 

fur, pelts, body parts, organs, or bodily fluids, or transfer a

 

large carnivore to a person that will use the large carnivore for

 

any of these purposes.

 

     (e) Perform disfiguring procedures, including, but not limited


to, declawing and canine tooth removal, unless considered medically

 

necessary by the attending veterinarian.

 

     (f) Remove socially or nutritionally dependent young large

 

carnivores from their mothers for hand-rearing unless deemed

 

medically necessary by the attending veterinarian.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.