June 30, 2021, Introduced by Senators WOJNO, POLEHANKI, BULLOCK, CHANG and ALEXANDER and referred to the Committee on Agriculture.

A bill to prohibit the conducting of research or training on dogs in a manner that causes pain and distress, and certain activities related to that research or training, by an individual employed, contracted, or otherwise directed by a public body; to prescribe civil sanctions; and to provide for the powers and duties of certain state and local governmental officers and entities.

the people of the state of michigan enact:

Sec. 1. As used in this act:

(a) "Animal control shelter" means that term as defined in section 1 of 1969 PA 287, MCL 287.331.

(b) "Dog" means a live dog of the species Canis lupus familiaris.

(c) "Public body" means this state, a city, village, township, county, school district, public college or university, or single-purpose government agency, or any other body that is created by law.

(d) "Veterinarian" means an individual licensed to practice veterinary medicine under part 188 of the public health code, 1978 PA 368, MCL 333.18801 to 333.18838.

Sec. 3. (1) Subject to subsection (3), in carrying out research or training activities by a public body, an individual employed by, contracted by, or otherwise directed to take action on behalf of the public body shall not do either of the following:

(a) Conduct a research or training activity on a dog in a manner that causes pain or distress.

(b) Breed, purchase, transport, house, feed, or maintain a dog for use in a research or training activity that causes pain or distress.

(2) For purposes of this section, a research or training activity causes pain or distress in either of the following circumstances:

(a) The research or training activity would, if it were conducted, be reportable to the United States Department of Agriculture under 9 CFR 2.36(b)(6) or (7).

(b) The research or training activity involves a procedure that would, in the absence of pain relief, reasonably be expected to cause more than slight or momentary pain or distress, such as pain in excess of that caused by an injection or other minor procedure. A procedure is considered to be a painful procedure even if pain relief is administered.

(3) The prohibition in subsection (1) does not apply under either of the following circumstances:

(a) If a dog owner consents to the use of his or her dog in veterinary training or veterinary clinical research involving the necessary treatment of an existing disease or ailment.

(b) The spaying or neutering of a dog by a veterinarian or animal control shelter or other training or medical procedures commonly performed by an animal control shelter.

Sec. 5. An individual who violates this act is responsible for a civil fine of not less than $1,000.00 or more than $5,000.00 for each dog that is the subject of a violation for each day that the violation continues. The attorney general shall bring a civil action to recover the fine described in this section, and costs and fees, including attorney fees. A determination of responsibility for a violation of this act does not preclude a conviction, sentence, or determination of responsibility for a violation of any other law of this state arising from the same conduct.