Bill Text: MI HB4663 | 2009-2010 | 95th Legislature | Introduced
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-Introduced.html
HOUSE BILL No. 4663
March 19, 2009, Introduced by Reps. Espinoza, Huckleberry, Mayes and Terry Brown and referred to the Committee on Agriculture.
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 that does
not result in harm to the donor.
(b) "Animal control shelter" means that term as defined in
section 1 of 1969 PA 287, MCL 287.331, and that is licensed 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 licensed 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) "Preexisting medical condition" means an illness, disease,
or other condition that requires immediate medical attention in
order to prevent further physical harm or death.
(j) "Random source animal" means a dog or cat obtained from a
person who did not breed and raise the dog or cat on his or her
premises, an auction sale, or an animal shelter, or a stray or lost
animal.
(k) (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 more 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
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) Regardless of whether the person is licensed to purchase,
obtain, or resell random source animals by the United States
department of agriculture and subject to subsection (3), a person
shall not do any of the following:
(a) Purchase or otherwise acquire a random source animal for
the purpose of resale for experimentation.
(b) Sell or otherwise make available a random source animal
for the purpose of experimentation.
(3) Subsection (2) does not apply to any of the following:
(a) A research facility that receives a cat or dog from an
animal control shelter or animal protection shelter for the sole
purpose of performing a procedure to correct a preexisting medical
condition.
(b) A research facility that conducts a no-cost or subsidized
sterilization program of shelter cats and dogs under the following
conditions:
(i) The program is part of a veterinary university training
program that is supervised by a licensed veterinarian.
(ii) Cats and dogs participating in the sterilization program
are returned to the animal control shelter or animal protection
shelter for adoption or placement in a suitable home by the program
unless the animal is found to be suffering from a preexisting
medical condition that requires humane euthanasia to avoid imminent
pain and suffering.
(iii) Cats and dogs in need of other veterinary care for a
preexisting medical condition are given treatment by a licensed
veterinarian.
(iv) Cats and dogs are accepted into the sterilization training
program solely for the purpose of training students in spay/neuter
surgery techniques.
(c) A facility engaged in animal blood banking that obtains a
random source animal solely for the purpose of the donation of
blood for veterinary use so long as the procedure is performed by,
or under the supervision of, a licensed veterinarian and the cat or
dog is thereafter placed in a suitable home unless it suffers from
a preexisting medical condition requiring euthanasia in order to
avoid imminent pain or suffering.
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 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.
(3) A research facility or dealer shall only obtain a dog or
cat from an animal control shelter or animal protection shelter
under the circumstances described under section 8(3).
Enacting section 1. Section 15 of 1969 PA 224, MCL 287.395, is
repealed.
