HOUSE Substitute For

SENATE BILL NO. 149

"An act to license and regulate dealers in and research facilities using dogs and cats for research purposes; and to repeal certain acts and parts of acts,"

by amending the title and sections 1 and 7 (MCL 287.381 and 287.387) and by adding section 8a.

the people of the state of michigan enact:

TITLE

An act to license and regulate dealers in and that deliver, transport, board, buy, or sell dogs or cats for laboratory research purposes; to regulate research facilities using that use dogs and or cats for laboratory research; purposes; to require research facilities to offer laboratory animals no longer needed for laboratory research to certain animal protection shelters for adoption before euthanizing; to require research facilities to submit annual reports; to provide immunity from civil liability under certain conditions; to create certain funds; and to repeal certain acts and parts of acts.

Sec. 1. When As used in this act:

(a) "Person" includes any individual, partnership, association or corporation.

(b) "Director" means the director of the department of agriculture.

(a) "Animal protection shelter" means a facility that is registered under section 6 of 1969 PA 287, MCL 287.336, and is operated by any of the following:

(i) A person.

(ii) A humane society.

(iii) A society for the prevention of cruelty to animals.

(iv) Any other nonprofit organization for the care of homeless animals.

(b) (c) "Cat" means any live a domestic cat (felis catus) for use or intended to be used for research, tests or experiments at research facilities.of any age of the species Felis catus.

(c) "Dealer" means a person that for compensation or profit delivers for transportation, transports, boards, buys, or sells dogs or cats for research purposes. Dealer does not include a person that breeds or raises dogs or cats for sale to a research facility.

(d) "Department" means the department of agriculture and rural development.

(e) "Director" means the director of the department.

(f) (d) "Dog" means any live a domestic dog of any age of the species canis familiaris for use or intended to be used for research tests or experiments at research facilities.Canis lupus familiaris.

(g) "Laboratory animal" means a dog or cat that is used or intended to be used for laboratory research at a research facility.

(h) "Laboratory research" means research, tests, or experiments conducted for education, scientific, medical, or experimental purposes.

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

(j) "Person" means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity.

(k) (e) "Research facility" means any a school, hospital, laboratory, institution, organization, or person that is licensed or otherwise registered with the United States Department of Agriculture, that uses or intends to use dogs or cats a laboratory animal in laboratory research, tests or experiments, and that (1) purchases does 1 or both of the following:

(i) Purchases or transports such animals, or (2) receives any laboratory animals.

(ii) Receives funds from the this state, or a local government, or any an agency or instrumentality thereof of this state or a local government to finance its operations by means of through grants, loans, or otherwise.other funds.

(f) "Dealer" means any person who for compensation or profit delivers for transportation, transports, boards, buys or sells dogs or cats for research purposes and does not mean a person who breeds or raises dogs or cats for sale to a research facility.

Sec. 7. (1) Research facilities and dealers shall make and keep such maintain any records with respect to their regarding the purchase, sale, transportation, and handling of dogs and cats , as the director may prescribe.for laboratory research, and research facilities shall maintain any report submitted under section 11a. A research facility shall maintain a report submitted under section 11a for 5 years.

(2) The department shall maintain and make available on its website a list of all research facilities operating in this state.

Sec. 8a. (1) Before euthanizing a laboratory animal no longer needed for laboratory research that the attending veterinarian, as that term is defined in 9 CFR 1.1, determines is suitable for adoption, a research facility shall offer the laboratory animal directly to its employees or to an animal protection shelter located in this state for adoption.

(2) A research facility that provides a former laboratory animal to an animal protection shelter may enter into a written agreement to carry out the purpose of subsection (1). A written agreement under this subsection may include an acknowledgment that the animal protection shelter accepts and takes responsibility for any and all risks that may be associated with the former laboratory animal and an agreement to waive the right to hold the research facility liable for behavioral or health issues.

(3) An animal protection shelter that places a laboratory animal received from a research facility under subsection (1) for adoption shall enter into a written agreement with the individual that adopts the former laboratory animal. A written agreement under this subsection must include an acknowledgment that the adopting individual understands that the animal was a former laboratory animal. A written agreement under this subsection may also require that the adopting individual accepts any and all risks that may be associated with the former laboratory animal and an agreement to waive the right to hold the animal protection shelter liable for behavioral or health issues.

(4) This section may be known as "Teddy's law".

Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 148 of the 102nd Legislature is enacted into law.