Bill Text: MI HB4663 | 2009-2010 | 95th Legislature | Engrossed

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Bill Title: Occupations; individual licensing and regulation; dealers or research facilities using dogs and cats for certain purposes; clarify regulation. Amends secs. 1, 8 & 9 of 1969 PA 224 (MCL 287.381 et seq.) & repeals sec. 15 of 1969 PA 224 (MCL 287.395).

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2010-09-23 - Referred To Committee On Agriculture And Bioeconomy [HB4663 Detail]

Download: Michigan-2009-HB4663-Engrossed.html

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HB-4663, As Passed House, July 28, 2010

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 4663

 

 

 

 

 

 

 

 

 

     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 sections 1, 8, and 9 (MCL 287.381, 287.388, and

 

287.389); and to repeal acts and parts of acts.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     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 blood banking" means the provision of veterinary

 

transfusion products through species-specific donation.

 

     (b) "Animal control shelter" means that term as defined in

 

section 1 of 1969 PA 287, MCL 287.331, and that is registered under

 

that act.

 

     (c) "Animal protection shelter" means that term as defined in

 

section 1 of 1969 PA 287, MCL 287.331, and that is registered under

 

that act.

 

     (d) (c) "Cat" means any live domestic cat (felis of the

 

species Felis catus. ) for use or intended to be used for research,

 

tests or experiments at research facilities.

 

     (e) "Dealer" means a person who for compensation or profit

 

delivers for transportation, transports, boards, buys, or sells

 

dogs or cats for research purposes and does not include a person

 

who breeds or raises dogs or cats on his or her premises for sale

 

to a research facility.

 

     (f) "Director" means the director of the department of

 

agriculture.

 

     (g) (d) "Dog" means any live dog of the species canis Canis

 

familiaris. for use or intended to be used for research tests or

 

experiments at research facilities.

 

     (h) "Person" includes any individual, limited liability

 

company, partnership, association, or corporation.

 

     (i) (e) "Research facility" means any school, hospital,

 

laboratory, institution, organization, or person that uses or

 

intends to use dogs or cats in research, tests testing, or

 

experiments, and that (1) purchases does 1 or both of the

 

following:

 

     (i) Purchases, receives, or transports such animals, or (2)

 

receives dogs or cats.

 

     (ii) Receives any funds from the this state or a local

 

government or any agency or instrumentality thereof to finance its

 

operations by means of grants, loans, or otherwise.

 

     (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. 8. (1) A dealer , or a county, city, village, or township

 

operating a dog pound or animal control shelter or animal

 

protection shelter shall not sell or otherwise dispose of a dog or

 

cat within 4 days after its acquisition. If the dog or cat has a

 

collar, license, or other evidence of ownership, the operator of

 

the pound or animal control shelter or animal protection shelter

 

shall notify the owner in writing and disposition of the animal dog

 

or cat shall not be made within 7 days from the date of mailing the

 

notice. Each operator of a pound or animal control shelter or

 

animal protection shelter shall be required to maintain a record on

 

each identifiable dog or cat acquired, indicating a basic

 

description of the animal, the date it was acquired, and under what

 

the circumstances under which it was acquired. The record shall

 

also indicate the date of notice sent to the owner of an animal and

 

subsequent disposition. This section subsection does not apply to

 

animals which that are sick or injured to the extent that the

 

holding period would is likely to cause undue suffering, or to

 

animals whose owners request immediate disposal.

 

     (2) Until the expiration of 12 months after the effective date

 

of the amendatory act that added this subsection, a person

 

surrendering a dog or cat to an animal control shelter or an animal

 

protection shelter has the option of designating, in writing,

 

whether the surrendered dog or cat may be sold or transferred to a

 

research facility or dealer for the purpose of resale for

 

experimentation. An animal control shelter or animal protection

 

shelter shall not sell or transfer to a research facility or dealer

 

a dog or cat surrendered by its owner unless the written

 

designation described in this subsection is executed. However, in

 

the case of an animal control shelter receiving a dog or cat found

 

on the streets or running at large, the animal control shelter

 

shall not sell or transfer the dog or cat to a dealer.

 

     (3) Beginning 12 months after the effective date of the

 

amendatory act that added this subsection, a person surrendering a

 

dog or cat to an animal control shelter or an animal protection

 

shelter has the option of designating, in writing, whether the

 

surrendered dog or cat may be sold or transferred to a research

 

facility. An animal control shelter or animal protection shelter

 

shall not sell or transfer to a research facility a dog or cat

 

surrendered by its owner unless the written designation described

 

in this subsection is executed.

 

     (4) Beginning 12 months after the effective date of the

 

amendatory act that added this subsection, a dealer shall not

 

acquire or purchase a cat or dog from an animal control shelter or

 

animal protection shelter. Beginning 12 months after the effective

 

date of the amendatory act that added this subsection, an animal

 

control shelter or animal protection shelter shall not sell,

 

provide, or otherwise transfer a cat or dog to a dealer.

 

     (5) Subsections (2), (3), and (4) do not apply to a person

 

regulated as a dealer under federal law and that is engaged in

 

animal blood banking. A person regulated as a dealer under federal

 

law and that is engaged in animal blood banking may obtain a cat or

 

dog solely for the purpose of the donation of blood.

 

     Sec. 9. (1) Dogs and cats shall not be offered for sale or

 

sold A person shall not sell or offer to sell a dog or cat to a

 

research facility at public auction or by weight. ; or purchased by

 

a research facility at public auction or by weight.

 

     (2) A research facility shall not purchase any dogs or cats

 

except from a licensed dealer, public dog pound, humane society, or

 

from an animal control shelter, an animal protection shelter, or a

 

person who breeds or raises dogs or cats for sale. Any county,

 

city, village or township operating a dog pound or animal shelter

 

may sell for an amount not to exceed $10.00 per animal or otherwise

 

dispose of unclaimed or unwanted dogs and cats to a Michigan

 

research facility.

 

     Enacting section 1. Section 15 of 1969 PA 224, MCL 287.395, is

 

repealed.