SENATE BILL NO. 419

August 20, 2019, Introduced by Senator LUCIDO and referred to the Committee on Agriculture.

"An act to regulate pet shops, animal control shelters, and animal protection shelters; to establish uniform procedures and minimum requirements for adoption of dogs, cats, and ferrets; and to prescribe penalties and civil fines and to provide remedies,"

by amending the title and sections 1, 2, 5a, 6, 7, 8, 8a, 8b, 8c, 9a, and 9b (MCL 287.331, 287.332, 287.335a, 287.336, 287.337, 287.338, 287.338a, 287.338b, 287.338c, 287.339a, and 287.339b), the title and section 8 as amended and sections 8a and 9a as added by 1997 PA 7, sections 1 and 8b as amended by 2017 PA 84, sections 2, 5a, 6, and 7 as amended and section 8c as added by 2016 PA 392, and section 9b as amended by 2007 PA 79, and by adding section 8d.

the people of the state of michigan enact:

TITLE

An act to regulate pet shops, animal control shelters, and animal protection shelters, animal rescues, and large-scale breeders; to establish uniform procedures and minimum requirements for the adoption or sale of dogs, cats, and ferrets; and to prescribe penalties and civil fines; and to provide remedies.

Sec. 1. (1) This act shall be known and may be cited as the "companion animal sales and adoption by MDARD-regulated organizations act".

(2) As used in this act:

(a) "Adoption" means a transfer of ownership, with or without remuneration, of an animal from an animal control shelter, or animal protection shelter, or animal rescue to an individual for the purpose of being a companion animal for that individual. As used in this subdivision, a companion animal includes, but is not limited to, a service dog or a dog that is used for hunting or as a guard dog.

(b) "Alteration" means a professional sterilization procedure performed by a veterinarian that renders a dog, cat, or ferret incapable of reproducing.

(d) Except as provided in section 8b, "animal" means a mammal except livestock as that term is defined in 1937 PA 284, MCL 287.121 to MCL 287.131, and rodents.

(e) "Animal abuse offense" means 1 or more of the following, but does not include the lawful use of an animal to hunt or to participate in field trials or the lawful killing or other use of an animal in farming or a generally accepted animal husbandry or farming practice involving livestock:

(i) A violation of section 49 of the Michigan penal code, 1931 PA 328, MCL 750.49.

(ii) A violation of section 50 of the Michigan penal code, 1931 PA 328, MCL 750.50.

(iii) A violation of section 50a of the Michigan penal code, 1931 PA 328, MCL 750.50a.

(iv) A violation of section 50b of the Michigan penal code, 1931 PA 328, MCL 750.50b.

(v) A violation of section 50c of the Michigan penal code, 1931 PA 328, MCL 750.50c.

(vi) A violation of section 158 of the Michigan penal code, 1931 PA 328, MCL 750.158, if the violation arose out of a crime against nature with an animal.

(vii) A violation of a local ordinance substantially corresponding to a violation described in subparagraphs (i) to (vi).

(viii) An attempt or conspiracy to commit an offense described in subparagraphs (i) to (vii).

(f) "Animal control shelter" means a facility operated by a municipality for the impoundment and care of animals that are found in the streets or at large, animals that are otherwise held due to the violation of a municipal ordinance or state law, or animals that are surrendered to the animal control shelter.

(g) "Animal protection shelter" means a facility operated by a person, humane society, society for the prevention of cruelty to animals, or any other nonprofit organization for the care of homeless animals.

(h) "Animal rescue" means a person that acquires an animal through purchase, adoption, owner surrender, or any other means for the purpose of finding the animal a new home and that maintains the animal in a foster home.

(i) (h) "Cat" means a domestic cat of any age of the species Felis catus.Felis catus.

(j) (i) "Department" means the state department of agriculture and rural development.

(k) (j) "Director" means the director of the department or his or her authorized representative.

(l) (k) "Dog" means a domestic dog of any age of the species Canis familiaris.Canis familiaris.

(m) (l) "Ferret" means an animal of any age of the species Mustela furo.Mustela furo.

(n) "Foster care provider" means a person that provides care or rehabilitation to an animal in a foster home through an affiliation with an animal rescue.

(o) "Foster home" means a private residential dwelling and its surrounding grounds, or a facility and its surrounding grounds, at which care or rehabilitation is provided to an animal through an affiliation with an animal rescue.

(p) (m) "ICHAT" means the internet criminal history access tool maintained by the department of state police.

(q) (n) "Intact dog" means a dog that has not been altered.

(r) (o) "Large-scale dog breeding kennel" means a facility where more than 15 female intact dogs over the age of 4 months are housed or kept for the primary purpose of breeding. As used in this subdivision, "housed or kept for the primary purpose of breeding" means that the female dog has previously been bred and whelped. A female dog that has not previously produced offspring shall is not be considered to have been housed or kept for the primary purpose of breeding.

(s) (p) "Municipality" means a county, city, village, or township.

(t) (q) "Person" means an individual, partnership, corporation, association, governmental entity, or other legal entity.

(u) (r) "Pet health certificate" means a certificate in a form prescribed by the director in which a veterinarian attests to the species, age, sex, gender, breed, and description of an animal, ; any medical conditions of the animal, ; any medical treatment and vaccinations that the animal received while under the control of a pet shop or large-scale dog breeding kennel, ; and to the fact that at the time of the preparation of the certificate the veterinarian examined the animal and found the animal free from any visual evidence of a communicable disease.

(v) (s) "Pet shop" means a place where animals are sold or offered for sale, exchange, or transfer.

(w) (t) "Veterinarian" means a person licensed to practice veterinary medicine under part 188 of the public health code, 1978 PA 368, MCL 333.18801 to 333.18838.

Sec. 2. (1) The department may promulgate rules to accomplish the purposes of this act and to establish minimum standards for the housing, care, and handling of animals to insure the humane care and handling of animals. The department may also promulgate rules to establish minimum standards for animal rescues and large-scale dog breeding kennels. The rules shall be promulgated in accordance with the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.

(2) Except as otherwise provided in this subsection, until the department promulgates rules under subsection (1), an animal rescue or a large-scale dog breeding kennel is subject to R 285.151.1 to R 285.151.41 of the Michigan administrative code. Notwithstanding R 285.151.25 of the Michigan administrative code, in a large-scale dog breeding kennel, a female dog in estrus may be housed with intact male dogs for the purpose of breeding.

Sec. 5a. (1) A person who that operates a pet shop shall not import or cause to be imported into this state a dog or cat that is less than 8 weeks old. A person who that operates an animal control shelter or an animal protection shelter shall not import or cause to be imported into this state a dog or cat that is less than 8 weeks old unless the dog or cat is imported with its dam. A large-scale dog breeding kennel shall not import or cause to be imported into this state a dog that is less than 8 weeks old unless the dog is imported with its dam.

(2) A person who that operates a pet shop shall not sell, exchange, transfer, or offer for sale, exchange, or transfer a dog or cat that is less than 8 weeks old. A large-scale dog breeding kennel shall not sell, exchange, or transfer a dog that is less than 8 weeks old.

(3) A person that operates a pet shop, an animal control shelter, an animal protection shelter, an animal rescue, or a large-scale dog breeding kennel shall not import or cause to be imported into this state, or sell, adopt, exchange, or transfer, or offer for sale, adoption, exchange, or transfer a dog, unless all of the following are satisfied before the dog's entry into this state:

(a) The dog has been vaccinated against distemper, parvovirus, and canine adenovirus-2 . The dog shall also be vaccinated against rabies and leptospirosis and, if the dog is 12 weeks of age or older, . against rabies and leptospirosis. If a rabies vaccine is required under this subdivision, the vaccine shall must be administered by an accredited veterinarian. A person operating a pet shop or a large-scale dog breeding kennel shall ensure that vaccinations other than the rabies vaccination are administered not less than 7 days before the dog's entry into this state. The director may require vaccinations against other diseases not specified in this subdivision.

(b) If indicated, the dog has been treated for external and internal parasites so that the dog is not capable of spreading external or internal parasites to another animal at the time it is imported into this state.

(c) The dog is accompanied by an interstate health certificate or certificate of veterinary inspection completed and signed by an accredited veterinarian licensed to practice veterinary medicine in the dog's state of origin, including records of the dog's medication and immunization.

(4) A person who that operates a pet shop, an animal control shelter, or an animal protection shelter, or an animal rescue shall not import or cause to be imported into this state, or sell, adopt, exchange, or transfer, or offer for sale, adoption, exchange, or transfer a cat, unless all of the following are satisfied before the cat's entry into this state:

(a) The cat has been vaccinated against feline panleukopenia, calici viruses, and feline herpes virus-1 . The cat shall also be vaccinated against rabies and, if the cat is 12 weeks of age or older, . against rabies. If a rabies vaccine is required under this subdivision, the vaccine shall must be administered by an accredited veterinarian. A person operating a pet shop shall ensure that vaccinations other than the rabies vaccination are administered to the cat as required by this subdivision not less than 7 days before the cat's entry into this state. The director may require vaccinations against other diseases not specified in this subdivision.

(b) If indicated, the cat has been treated for external and internal parasites so that the cat is not capable of spreading external or internal parasites to another animal at the time it is imported into this state.

(c) The cat is accompanied by an interstate health certificate or certificate of veterinary inspection filled out completed and signed by an accredited veterinarian licensed to practice veterinary medicine in the cat's state of origin, including records of the cat's medication and immunization.

(5) A person who that operates a pet shop or a large-scale dog breeding kennel shall not sell, exchange, transfer, or deliver a dog, cat, or ferret without providing to the purchaser a valid pet health certificate. For purposes of this subsection, a pet health certificate is only valid for 30 days after the date the animal was examined by the veterinarian who signed the certificate.

Sec. 6. (1) A municipality shall not operate an animal control shelter unless the animal control shelter is registered with the department.

(2) A society for the prevention of cruelty to animals or any other person shall not operate an animal protection shelter unless the shelter is registered with the department.

(3) A person shall not operate an animal rescue unless the animal rescue is registered with the department.

(4) (3) A person shall not operate a large-scale dog breeding kennel unless the large-scale dog breeding kennel is registered with the department. The department shall charge an annual fee of $500.00 per registration of a large-scale dog breeding kennel.

(5) (4) This act is not intended to apply to a dog owner or breeder other than a person that operates a large-scale dog breeding kennel.

Sec. 7. Application for registration of an animal control shelter, an animal protection shelter, an animal rescue, or a large-scale dog breeding kennel shall be on a form prescribed by the director.

Sec. 8. The department shall not register an animal control shelter or animal protection shelter unless the department first inspects it to ensure that it complies with this act and the rules promulgated under this act. Before registering an animal rescue, the department may inspect some or all foster homes utilized by the animal rescue to ensure that the foster homes comply with this act and the rules promulgated under this act.

Sec. 8a. (1) Except as otherwise provided in this section, an animal control shelter, or animal protection shelter, or animal rescue shall not permit a person to adopt a dog, cat, or ferret that has not been altered, unless that person has entered into a contract for the alteration of the dog, cat, or ferret with the animal control shelter, or animal protection shelter, or animal rescue. The contract shall state that the adopting person agrees to have an alteration performed on the dog, cat, or ferret and shall otherwise comply with this section.

(2) A contract with an animal control shelter, or animal protection shelter, or animal rescue entered into pursuant to under subsection (1) shall must require the adopting person to have an alteration performed on the dog, cat, or ferret within not more than 4 weeks after the adoption date if at the time of adoption the dog, cat, or ferret is 6 months of age or older. If the dog, cat, or ferret to be adopted is under 6 months of age at the time of adoption, the contract shall must contain the date upon which the dog, cat, or ferret will be 6 months of age, and shall must require the person adopting the dog, cat, or ferret to have an alteration performed on the dog, cat, or ferret within not more than 4 weeks after that date. This section does not prevent a veterinarian from performing an alteration on a dog, cat, or ferret that is under 6 months of age.

(3) Upon certification by a veterinarian in writing that a dog, cat, or ferret has a serious , and permanent medical or health problem that prevents an alteration, the dog, cat, or ferret to be adopted is not required to be altered. Upon certification by a veterinarian in writing that an alteration poses a serious , and temporary medical or health problem, the alteration may be postponed. The person adopting the dog, cat, or ferret shall must have it reevaluated by a veterinarian at intervals not to exceed 14 days and shall must have the alteration performed no later than 7 days after a veterinarian determines that the temporary problem is resolved.

(4) Except as otherwise provided in subsection (7), a contract entered into pursuant to under subsection (1) shall require the adopting person to leave with the animal control shelter, or animal protection shelter, or animal rescue, or a designee of the animal control shelter, or animal protection shelter, or animal rescue a good faith good-faith deposit of at least not less than $25.00 that indicates the person's intention to have the adopted dog, cat, or ferret altered within the time provided pursuant to under subsection (2). If the person fails to comply with the terms of the contract, the deposit is forfeited. The good faith good-faith deposit shall must be returned to the adopting person if the adopting person submits written certification from a veterinarian of either of the following:

(a) The dog, cat, or ferret died within during the time period in which the alteration was required under subsection (2).

(b) The dog, cat, or ferret has a serious , and permanent medical or health problem that prevents an alteration.

(5) Money forfeited under subsection (4) shall must be used by the animal control shelter, or animal protection shelter, or animal rescue to finance alterations, for public education regarding the value of having dogs, cats, and ferrets altered, or to otherwise ensure compliance with this section.

(6) If the adopting person complies with the terms of a contract entered into under subsection (1), the good faith good-faith deposit of at least $25.00 shall described in subsection (4) must be refunded by the animal control shelter, animal protection shelter, or animal rescue, or by a designee of the animal control shelter, or animal protection shelter, or animal rescue upon submission by the adopting person of written certification by a veterinarian that the adopted dog, cat, or ferret was altered. The certificate shall must include the date of alteration, the name of the owner of the dog, cat, or ferret, the a description of the dog, cat, or ferret, and the signature of the veterinarian who performed the alteration.

(7) The good faith good-faith deposit described under subsection (4) is not required if 1 or more of the following apply:

(a) A dog is transferred to a local, state, or federal law enforcement agency.

(b) A dog is transferred to an organization or trainer that trains guide or leader dogs for blind persons, hearing dogs for deaf or audibly impaired persons, or service dogs for physically limited persons.

(c) A dog, cat, or ferret is transferred to another animal control shelter, or animal protection shelter, or animal rescue or is transferred to a person who that will transfer the animal to another animal control shelter, or animal protection shelter, or animal rescue. Before the first animal control shelter, or animal protection shelter, or animal rescue releases the animal, it shall obtain from the person to whom the animal is to be released a written statement by the second animal control shelter, or animal protection shelter, or animal rescue that it is willing to accept the animal for purposes of adoption or humane euthanasia. Promptly after receipt of the animal by the second animal control shelter, or animal protection shelter, or animal rescue the person to whom the animal was released shall provide the first animal control shelter, or animal protection shelter, or animal rescue with a written statement by the second animal control shelter, or animal protection shelter, or animal rescue containing a description of the dog, cat, or ferret and acknowledging its receipt on a date specified in the statement.

(8) A contract entered into pursuant to under subsection (1) shall must include a statement that if the terms of the contract are breached because a person adopting a dog, cat, or ferret fails to have the animal altered as required in the contract, then the person agrees to pay liquidated damages of the greater of $100.00 or actual reasonable costs incurred by the animal control shelter, or animal protection shelter, or animal rescue to enforce the contract. Immediately before a person signs the contract, a representative of the animal control shelter, or animal protection shelter, or animal rescue shall verbally direct the person's attention to the liquidated damages agreement in the contract.

Sec. 8b. (1) Before allowing an individual to adopt an animal, an animal control shelter, or animal protection shelter, or animal rescue may conduct a search using ICHAT to determine whether that individual has a prior criminal history for an animal abuse offense.

(2) An animal control shelter, or animal protection shelter, or animal rescue does not violate this act if the animal control shelter, or animal protection shelter, or animal rescue searches for an individual on ICHAT as allowed under subsection (1) and the search fails to disclose that the individual has a prior criminal history for an animal abuse offense.

(3) Subsection (1) does not apply to a pet shop that allows an animal protection shelter or animal rescue to use pet shop resources, including, but not limited to, the pet shop's premises, facilities, employees, equipment, and advertising for pet adoptions, or to a pet shop that works with an animal protection shelter or animal rescue but does not perform adoptions except as an agent of the animal protection shelter or animal rescue. A pet shop described in this subsection is not an animal protection shelter or animal rescue and is not liable for any pet adoptions performed by an animal protection shelter or animal rescue.

(4) This section may be referred to as "Logan's law".

(5) For purposes of this section and section 8c only, "animal" means a vertebrate other than a human being.

Sec. 8c. (1) An animal control shelter, or animal protection shelter, or animal rescue may consider an individual's criminal history when deciding whether to allow that individual to adopt an animal. An animal control shelter, or animal protection shelter, or animal rescue may choose not to allow an individual who has been convicted of an animal abuse offense to adopt an animal unless a period of at least 5 years has elapsed since the date of his or her conviction. An animal control shelter, or animal protection shelter, or animal rescue may choose not to allow an individual who is charged with committing an animal abuse offense and enters a plea to any other crime in exchange for dismissal of that charge to adopt an animal.

(2) This section may be referred to as the "animal adoption protection act".

Sec. 8d. All of the following apply to an animal rescue and the foster homes utilized by an animal rescue:

(a) An animal rescue shall not breed animals.

(b) An animal rescue shall not take in a stray animal unless the animal rescue is contracted with a municipality or other governmental agency to provide animal control services.

(c) An animal rescue that uses foster homes shall maintain a list of those foster homes that includes all of the following:

(i) The name and phone number of the foster home owner.

(ii) The street address for each foster home at which animals are housed.

(iii) The name, breed or species, physical description, age, and gender of each animal fostered at a foster home.

(d) Upon request, a foster home owner or operator shall provide the department access to any part of a foster home in which fostered animals are kept on behalf of an animal rescue.

(e) An animal rescue shall maintain verifiable records for a period of at least 2 years. The records shall include all of the following:

(i) The verified name and address of any person from whom an animal is acquired, where the animal was acquired, and the date that the animal was acquired.

(ii) A description of the animal, including the animal's identification information, color, breed or species, gender, alteration status, and approximate weight and age.

(iii) The date and method of the disposition of the animal. If the animal is adopted, transferred, or sold, the records must include the verified name and address of the person to whom the animal is adopted, transferred, or sold.

Sec. 9a. (1) An animal control shelter, or animal protection shelter, or animal rescue shall compile and maintain written records on the total number of dogs, cats, and ferrets under 6 months of age, the total number of dogs, cats, and ferrets 6 months of age and older, and, if applicable, all other animals received, returned to owners, adopted to new owners, sold, or transferred with or without remuneration to any person, the number of adopted dogs, cats, and ferrets that were altered, the number of adopted dogs, cats, and ferrets that were not altered, and the number of dogs, cats, and ferrets euthanized annually, and shall annually provide a copy of these statistics to the department , by March 31 of the year following the year for which the statistics were compiled.

(2) For each dog, cat, and ferret purchased or otherwise acquired, held, transported, sold, or disposed of by an animal control shelter, animal protection shelter, or animal rescue, the owner or operator of the animal control shelter, animal protection shelter, or animal rescue shall keep and maintain the following information in a manner prescribed by the department:

(a) The name and address of the person from whom the animal was acquired and the name and address of the person to whom the animal was sold or otherwise disposed of.

(b) The date the animal was first acquired.

(d) Any available identification information for the animal.

(e) The date, nature, and method of disposition of the animal, including, but not limited to, sale, death, euthanasia, or donation.

(3) An animal control shelter, animal protection shelter, or animal rescue shall maintain the records described in subsection (2) for not less than 2 years and shall make the records available to the director or his or her authorized representative upon request.

Sec. 9b. (1) If a person violates this act or a rule promulgated under this act, the director, after notice and an opportunity for an evidentiary hearing under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, may do either or both of the following:

(a) Suspend or revoke a license or registration issued to the person under this act.

(b) Impose an administrative fine of not more than $1,000.00 for each violation. The director shall advise the attorney general of the failure of a person to pay an administrative fine under this section. The attorney general shall bring a civil action to recover the administrative fine and costs and fees. The administrative fine 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.

(2) In addition to any other action authorized by this act, the director may bring an action to do 1 or more of the following:

(a) Obtain a declaratory judgment that a method, act, or practice is in violation of this act.

(b) Obtain an injunction against a person who that is engaging, or about to engage, in a method, act, or practice that violates this act.

(3) If a person fails to comply with a contract for the alteration of a dog, cat, or ferret as required under section 8a, a court with appropriate jurisdiction may order transfer of ownership of the adopted animal only to 1 of the following:

(a) The facility from which the animal was adopted.

(b) A veterinarian, animal control shelter, or animal protection shelter, or animal rescue willing to accept the animal and either humanely euthanize the animal or adopt the animal to an owner who agrees to have the animal altered.

Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.