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.~~

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.

(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.

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.

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.

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.

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.

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.

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).

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.

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.

(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.

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.