Bill Text: MI HB4851 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Animals; dogs; puppy protection act; create. Creates new act. TIE BAR WITH: HB 4850'13
Spectrum: Moderate Partisan Bill (Democrat 10-3)
Status: (Introduced - Dead) 2013-06-20 - Printed Bill Filed 06/20/2013 [HB4851 Detail]
Download: Michigan-2013-HB4851-Introduced.html
HOUSE BILL No. 4851
June 19, 2013, Introduced by Reps. Barnett, Roberts, Schmidt, Santana, Brown, Kosowski, Callton, Tlaib, Kandrevas, Yonker, Slavens, Dillon and Abed and referred to the Committee on Regulatory Reform.
A bill to regulate large-scale commercial breeding kennels; to
provide for the promulgation of rules; to provide for exceptions;
and to provide for penalties.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the "puppy
protection act".
Sec. 3. As used in this act:
(a) "Adequate food and water" means the provision of
sufficiently nutritious food at least once a day to maintain a
state of good health and access to regularly available potable
water that is not frozen and is free of debris, feces, and other
contaminants. Both the food and water provided to a dog or puppy
shall be suitable for the age and breed of the dog or puppy.
(b) "Adequate housing" means either of the following:
(i) A housing facility that satisfies all of the following:
(A) Is structurally sound.
(B) Is maintained in good repair to protect a dog or puppy
from injury.
(C) Contains 1 or more dogs or puppies and restricts the
entrance of other dogs or puppies.
(ii) A primary enclosure that satisfies all of the following:
(A) Has a solid floor or a slatted floor with gaps of no more
than 1/2 inch between the slats.
(B) Is not stacked or otherwise placed on top of or below
another animal's primary enclosure.
(C) Allows each dog or puppy in the enclosure room to turn and
stretch freely and to fully extend all limbs simultaneously without
touching another dog or puppy.
(D) Is placed no higher than 42 inches above the floor.
(c) "Adequate rest between breeding cycles" means, at a
minimum, ensuring that a dog is not bred to produce more than 1
litter in any 12-month period of time.
(d) "Adequate sanitary conditions" means space free from
health hazards, including, but not limited to, excessive waste,
overcrowding, or other conditions that endanger a dog's or puppy's
health.
(e) "Adequate shelter from elements" means, at a minimum and
based upon the age, breed, and physical condition of a dog or
puppy, adequate protection from heat and cold and from the elements
and weather conditions so as to maintain the dog or puppy in a
state of good health and safety.
(f) "Adequate veterinary care" means, at a minimum, all of the
following:
(i) Maintenance of current vaccination against rabies by a
licensed veterinarian.
(ii) Prompt treatment of any significant illness or injury by a
licensed veterinarian.
(iii) When necessary, humane euthanasia that is performed only
by a licensed veterinarian or other individual authorized to
euthanize animals under the public health code, 1978 PA 368, MCL
333.1101 to 333.25211.
(g) "Animal control shelter" means that term as defined in
section 1 of 1969 PA 287, MCL 287.331.
(h) "Animal protection shelter" means that term as defined in
section 1 of 1969 PA 287, MCL 287.331.
(i) "Department" means the department of agriculture and rural
development.
(j) "Director" means the director of the department of
agriculture and rural development or his or her authorized
representative.
(k) "Dog" means an animal of the species canis familiaris or
canis lupus familiaris who is over 4 months of age.
(l) "Fully extend all limbs" means fully extending all limbs
while lying down without touching the side of a primary enclosure
or another dog or puppy.
(m) "Housing facility" means a room, building, or area used to
contain a primary enclosure.
(n) "Intact dog" means a dog with intact sexual organs.
(o) "Large-scale commercial breeding kennel" means a kennel
where more than 15 female intact dogs are housed for the purpose of
breeding.
(p) "Licensed veterinarian" means a person licensed to
practice veterinary medicine under article 15 of the public health
code, 1978 PA 368, MCL 333.16101 to 333.18838.
(q) "Person" means an individual, firm, partnership, joint
venture, association, limited liability company, corporation,
estate, trust, receiver, or syndicate.
(r) "Pet shop" means that term as defined in section 1 of 1969
PA 287, MCL 287.331.
(s) "Primary enclosure" means a structure used to immediately
restrict 1 or more dogs or puppies to a limited amount of space and
includes, but is not limited to, a pen, run, cage, or compartment.
(t) "Puppy" means an animal of the species canis familiaris or
canis lupus familiaris who is 4 months of age or less.
(u) "Regular exercise" means, at a minimum, 1 exercise period
during each day for a total of not less than 1 hour for each dog or
puppy, and includes the removal from the dog's or puppy's primary
enclosure allowing the dog or puppy free mobility for the entire
exercise period by either leash-walking or giving the dog or puppy
access to a space that is at least 60 square feet in area, but
shall not include the use of a treadmill, jenny mill, slat mill, or
similar device, unless prescribed by a doctor of veterinary
medicine to address a specific medical condition.
(v) "State of good health" means freedom from disease and
illness, and in a condition of proper body weight and temperature
for the age and breed of the dog or puppy, unless the dog or puppy
is undergoing appropriate treatment.
(w) "Turn and stretch freely" means the ability of a dog or
puppy, without touching the side of a primary enclosure, to sit and
stand on all 4 legs and turn in a complete circle without any
impediment, including a tether.
Sec. 5. Notwithstanding any other provision of law and subject
to section 9, a person who operates a large-scale commercial
breeding kennel shall not house more than 15 female intact dogs for
the purpose of breeding unless the dogs and puppies in the large-
scale commercial breeding kennel are provided with all of the
following:
(a) Adequate housing.
(b) Adequate sanitary conditions.
(c) Sufficient room for each dog and puppy to turn and stretch
freely.
(d) Adequate food and water.
(e) Regular exercise.
(f) Adequate veterinary care.
(g) Adequate rest between breeding cycles.
(h) Adequate shelter from the elements.
Sec. 6. Notwithstanding any other provision of law and subject
to section 9, a person who operates a large-scale commercial
breeding kennel shall not sell a puppy that is less than 8 weeks of
age.
Sec. 7. Notwithstanding any other provision of law and subject
to section 9, a person shall not own, possess, control, or
otherwise have charge or custody of more than 50 female intact dogs
at any time at any single location.
Sec. 9. The provisions of this act do not apply to any of the
following:
(a) During the lawful examination, testing, operation, or
other individual treatment of a dog or puppy for veterinary
purposes.
(b) During the transportation of a dog or puppy.
(c) Pet shops.
(d) Animal control shelters.
(e) Animal protection shelters.
(f) Scientific research conducted using a dog or puppy under
1969 PA 224, MCL 287.381 to 287.395.
(g) Scientific research conducted using a dog or puppy under
sections 2226, 2671, 2676, and 7333 of the public health code, 1978
PA 368, MCL 333.2226, 333.2671, 333.2676, and 333.7333.
(h) A person or breeder who houses 15 or fewer female intact
dogs.
Sec. 11. A person who violates any provision of this act is
guilty of a misdemeanor punishable by 1 or more of the following:
(a) Imprisonment for not more than 93 days.
(b) A fine of not less than $1,000.00 for each violation.
(c) Suspension of the person's large-scale commercial breeding
kennel license for a period of not less than 1 year.
(d) Revocation of the person's large-scale commercial breeding
kennel license.
Sec. 13. The director may promulgate rules in accordance with
the administrative procedures act of 1969, 1969 PA 306, MCL 24.201
to 24.328, to govern the handling of dogs and puppies by large-
scale commercial breeding kennels and to promote the health,
safety, and well-being of dogs and puppies in large-scale
commercial breeding kennels.
Sec. 15. The provisions of this act are in addition to, and
not in lieu of, any other laws protecting animal welfare. This act
shall not be construed to limit any other state law or rules
protecting the welfare of animals. This act does not prevent a
local unit of government from adopting and enforcing local
ordinances or charter provisions relating to animal welfare.
Enacting section 1. This act takes effect January 1, 2014.
Enacting section 2. This act does not take effect unless
Senate Bill No.____ or House Bill No. 4850(request no. 00579'13) of
the 97th Legislature is enacted into law.
