Bill Text: MI HB6050 | 2017-2018 | 99th Legislature | Enrolled

Michigan House Bill 6050 (Prior Session Legislation)

Bill Title: Agriculture; animals; large carnivore act; amend to allow for breeding of black bears under certain conditions. Amends sec. 22 of 2000 PA 274 (MCL 287.1122).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2018-12-31 - Assigned Pa 609'18 With Immediate Effect [HB6050 Detail]

Download: Michigan-2017-HB6050-Enrolled.html

STATE OF MICHIGAN

99TH LEGISLATURE

REGULAR SESSION OF 2018

Introduced by Rep. Lauwers

ENROLLED HOUSE BILL No. 6050

AN ACT to amend 2000 PA 274, entitled “An act to regulate the ownership, possession, and care of certain large carnivores; to prohibit the ownership and possession of certain large carnivores; to impose fees; to prescribe the powers and duties of certain governmental entities and officials and of certain veterinarians; and to prescribe penalties and provide remedies,” by amending section 22 (MCL 287.1122), as amended by 2013 PA 8.

The People of the State of Michigan enact:

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.

(b) A person licensed or approved by the department of natural resources of this state or by the United States Fish and Wildlife Service of the United States 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.

(d) A person approved by the Association of Sanctuaries or the American Sanctuary Association.

(e) A law enforcement officer acting under the authority of this act.

(f) A veterinarian temporarily in possession of a large 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) Subject to subsection (2), this act does not apply to a person who 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.

(c) Meets or exceeds all standards, 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.

(d) Except as provided in subsection (4), does not allow a patron to do any 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.

(4) This act does not apply to a person who allows 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 March 26, 2013.

(b) The person acquired a business described in subsection (3)(a) from a person who was in possession of a bear on March 26, 2013.

(5) Notwithstanding any law to the contrary, a person who meets the requirements of subsection (4) 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.

(c) The person does not perform disfiguring procedures, including, but not limited to, declawing or canine tooth removal, unless considered medically necessary by a licensed veterinarian.

(6) This act does not apply to a circus.

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

This act is ordered to take immediate effect.

Clerk of the House of Representatives

Secretary of the Senate

Approved

Governor