Bill Text: MI HB4278 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: Animals: research facilities; certain research facilities to offer certain laboratory animals for adoption before euthanization; require. Amends title & secs. 1 & 7 of 1969 PA 224 (MCL 287.381 & 287.387) & adds sec. 8a. TIE BAR WITH: HB 4277'23
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Introduced) 2023-03-15 - Bill Electronically Reproduced 03/14/2023 [HB4278 Detail]
Download: Michigan-2023-HB4278-Introduced.html
HOUSE BILL NO. 4278
A bill to amend 1969 PA 224, entitled
"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:
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 used 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 prohibit certain acts and prescribe penalties; 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 control shelter" means a facility that is registered under section 6 of 1969 PA 287, MCL 287.336, and is operated by a municipality for the impoundment or care of an animal for any of the following reasons:
(i) The animal was found in the streets or at large.
(ii) The animal was otherwise held due to a violation of a municipal ordinance or state law.
(iii) The animal was surrendered to the animal control shelter.
(b) "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.
(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.
(d) "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.
(e) "Department" means the department of agriculture and rural development.
(f) "Director" means the director of the department.
(g) (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.
(h) "Laboratory animal" means a dog or cat that is used or intended to be used for laboratory research at a research facility.
(i) "Laboratory research" means research, tests, or experiments conducted for education, scientific, medical, or experimental purposes.
(j) "Municipality" means a county, city, village, or township.
(k) "Person" means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity.
(l) (e) "Research facility" means any a school, hospital, laboratory, institution, organization, or person that is licensed under this act 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 records with respect to their regarding the purchase, sale, transportation, and handling of dogs and cats for laboratory research, as the director may prescribe.and any other information required by the department.
(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 that is no longer needed for laboratory research, a research facility shall offer the animal to an animal control shelter or animal protection shelter located in this state for adoption. A research facility may enter into a written agreement with an animal control shelter or animal protection shelter to carry out the purpose of this subsection.
(2) A research facility that provides a laboratory animal to an animal control shelter or animal protection shelter under subsection (1) is immune from civil liability for or resulting from the transfer of the laboratory animal, if the research facility acted in good faith concerning the health and physical condition of the laboratory animal.
(3) An animal control shelter or animal protection shelter that receives a transfer of a laboratory animal from a research facility under subsection (1) is immune from civil liability for or resulting from the transfer of the laboratory animal, if the animal control shelter or animal protection shelter acted in good faith concerning the health and physical condition of the laboratory animal.
(4) This section shall be known as "Teddy's law".
Enacting section 1. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No. 4277 (request no. 01478'23) of the 102nd Legislature is enacted into law.
