REGULATION OF ANIMAL RESCUES                                                         S.B. 419 (S-2):

                                                                                                    SUMMARY OF BILL

                                                                                     REPORTED FROM COMMITTEE

Senate Bill 419 (Substitute S-2 as reported)

Sponsor:  Senator Peter J. Lucido

Committee:  Agriculture

CONTENT

The bill would amend Public Act 287 of 1969, which governs pet shops, animal control shelters, and animal protection shelters, to rename the Act as the "Companion Animal Act", and to do the following:

-- Specify that the minimum standards for the housing of animals promulgated by the Michigan Department of Agriculture and Rural Development (MDARD) would not apply to an animal rescue or foster home.

-- Require MDARD, within 12 months after the bill's effective date, to promulgate rules and minimum standards for the housing, care, and handling of animals by animal rescues and foster homes.

-- Require MDARD to inspect a foster home for compliance with the Act and rules promulgated under the Act but prohibit the Department from entering a foster home without consent.

-- Prescribe procedures and penalties for a foster home's or animal rescue's failure to comply with the Act.

-- Prohibit an entity that operates an animal rescue from importing or causing to be imported into Michigan, or selling, adopting, or transferring, or offering for sale, adoption, or transfer a dog or cat unless certain requirements are satisfied with respect to the animal's health and vaccinations.

-- Prohibit a person from operating an animal rescue unless it was registered with MDARD.

-- Specify that provisions pertaining to a contract to alter an unaltered dog, cat, or ferret as a condition of adopting the animal also would apply to an animal rescue.

-- Allow an animal rescue to conduct a search using the internet criminal history access tool) to determine whether an individual has a previous history for an animal abuse offense before allowing him or her to adopt an animal.

-- Prohibit an animal rescue from breeding animals, and require an animal rescue that used foster homes to maintain a list of those homes that included the information specified in the bill.

-- Require an animal rescue and the foster homes it used to keep and maintain the records prescribed under the bill.

MCL 287.331 et al.                                                           Legislative Analyst:  Jeff Mann

FISCAL IMPACT

The bill would have an indeterminate fiscal impact on MDARD. The bill would require the Department to engage in regulatory responsibilities for animal rescue operations similar to those already provided for animal shelters. The Department reports that it would need additional staff, in the field and in administrative offices, to accomplish this, but to an extent that cannot be determined until further research reveals the actual number of animal rescue

operations involved and the scope of the Department's responsibilities. No source of funding is identified in the bill to support the additional responsibilities that would be required under the bill.

Date Completed:  7-16-20                                                    Fiscal Analyst:  Bruce Baker

This 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.