Bill Text: MI HB5095 | 2013-2014 | 97th Legislature | Engrossed

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Bill Title: Animals; animal shelters; pet shop, dog pound, and animal shelters act; modify to include large-scale commercial dog breeders and to make other general revisions. Amends title & secs. 1, 5a, 6, 7 & 9a of 1969 PA 287 (MCL 287.331 et seq.); adds secs. 8b & 8c & repeals secs. 8a & 9 of 1969 PA 287 (MCL 287.338a & 287.339).

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2014-12-09 - Referred To Committee On Agriculture [HB5095 Detail]

Download: Michigan-2013-HB5095-Engrossed.html

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HB-5095, As Passed House, December 4, 2014

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 5095

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1969 PA 287, entitled

 

"An act to regulate pet shops, animal control shelters, and animal

protection shelters; to establish uniform procedures and minimum

requirements for adoption of dogs, cats, and ferrets; and to

prescribe penalties and civil fines and to provide remedies,"

 

by amending sections 1, 2, 5a, 6, 7, 8a, 9, and 9a (MCL 287.331,

 

287.332, 287.335a, 287.336, 287.337, 287.338a, 287.339, and

 

287.339a), sections 1, 6, 7, and 9 as amended and sections 8a and

 

9a as added by 1997 PA 7 and section 5a as added by 1980 PA 214,

 

and by adding sections 8b and 8c.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. As used in this act:

 

     (a) "Adoption" means a transfer of ownership, with or without

 

remuneration, of a dog, cat, or ferret from an animal control

 

shelter or animal protection shelter to an individual for the

 

purpose of being a companion animal for that individual. As used in

 

this subdivision, a companion animal includes but is not limited to

 

a dog that is used for hunting or as a guard dog.

 

     (b) "Alteration" means a professional sterilization procedure

 

performed by a veterinarian that renders a dog, cat, or ferret

 

incapable of reproducing.

 

     (c) "Altered", in reference to a dog, cat, or ferret, means

 

having undergone alteration.

 

     (d) "Animal" means a mammal except livestock as that term is

 

defined in section 1 of 1937 PA 284, MCL 287.121, to 287.131, and

 

rodents.

 

     (e) "Animal control shelter" means a facility operated by a

 

municipality for the impoundment and care of animals that are found

 

in the streets or at large, animals that are otherwise held due to

 

the violation of a municipal ordinance or state law, or animals

 

that are surrendered to the animal control shelter. Animal control

 

shelter does not include a pet shop that allows an animal control

 

shelter to use pet shop resources including, but not limited to,

 

pet shop premises, facilities, employees, equipment, or advertising

 

for pet adoptions.

 

     (f) "Animal protection shelter" means a facility operated by a

 

person, humane society, society for the prevention of cruelty to

 

animals, or any other nonprofit organization for the care of

 

homeless animals. Animal protection shelter does not include a pet

 

shop that allows an animal protection shelter to use pet shop

 

resources including, but not limited to, pet shop premises,

 

facilities, employees, equipment, or advertising for pet adoptions.

 

     (g) "Cat" means a domestic cat of any age of the species felis

 

Felis catus.

 

     (h) "Department" means the state department of agriculture and

 

rural development.

 

     (i) "Director" means the director of the department or his or

 

her authorized representative.

 

     (j) "Dog" means a domestic dog of any age of the species canis

 

Canis familiaris.

 

     (k) "Ferret" means an animal of any age of the species mustela

 

Mustela furo.

 

     (l) "Health certificate" means a certificate in a form

 

prescribed by the department in which a veterinarian attests to the

 

age, sex, breed, and description of an animal, and to the fact that

 

at the time of preparation of the certificate, the veterinarian

 

examined the animal and found the animal free from visual evidence

 

of communicable disease.

 

     (l) "Holding period" means the minimum period of time, in days,

 

after an animal's intake into an animal control shelter's or animal

 

protection shelter's inventory for which the animal must be held

 

prior to being made available for adoption, euthanasia, transfer,

 

sale, or other disposition. For purposes of this subdivision, a day

 

is a time period of 24 hours during which an animal control shelter

 

or animal protection shelter is open for business or available by

 

appointment and accessible to the owner of an animal for any

 

portion of that 24-hour period for the purpose of reclaiming his or

 

her animal from the animal control shelter or animal protection

 

shelter. If an animal is held at an animal control shelter, the

 

holding period begins at the time the animal is admitted to the

 

animal control shelter. All of the following apply to the holding

 

period for an animal held at an animal protection shelter:

 

     (i) If the animal is a dog, and if the animal protection

 

shelter has a contractual relationship with a governmental agency

 

as described in section 8a, the holding period begins at the time

 

the animal is admitted to the animal protection shelter.

 

     (ii) If the animal is a cat, the holding period begins at the

 

time the animal is admitted to the animal protection shelter.

 

     (iii) If the animal is a dog, and if the animal protection

 

shelter does not have a contractual relationship with a

 

governmental agency as described in section 8a, the holding period

 

begins at the time the animal protection shelter notifies the law

 

enforcement agency that has jurisdiction over animal control within

 

the municipality in which the dog was recovered that the animal

 

protection shelter is holding the dog.

 

     (m) "Intact dog" means a dog that has not been altered.

 

     (n) "Large-scale dog breeding kennel" means a facility where

 

more than 15 female intact dogs over the age of 4 months are housed

 

or kept for the primary purpose of breeding.

 

     (o) (m) "Municipality" means a county, city, village, or

 

township.

 

     (p) (n) "Person" means an individual, partnership,

 

corporation, association, governmental entity, or other legal

 

entity.

 

     (q) "Pet health certificate" means a certificate in a form

 

prescribed by the director in which a veterinarian attests to the

 

age, sex, breed, and description of an animal; any medical

 

conditions of the animal; any medical treatment and vaccinations

 

that the animal received while under the control of a pet shop or

 

large-scale commercial dog breeding kennel; and to the fact that at

 

the time of the preparation of the certificate the veterinarian

 

examined the animal and found the animal free from visual evidence

 

of communicable disease.

 

     (r) (o) "Pet shop" means a place where animals are sold or

 

offered for sale, exchange, or transfer.

 

     (s) (p) "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.

 

     Sec. 2. (1) The agriculture department shall issue may

 

promulgate rules to accomplish the purposes of this act and to

 

establish minimum standards for the housing, care, and handling of

 

animals to insure the humane care and handling of animals. The

 

department may also promulgate rules to establish minimum standards

 

for large-scale dog breeding kennels. The rules shall be

 

promulgated in accordance with the provisions of Act No. 88 of the

 

Public Acts of 1943, as amended, being sections 24.71 to 24.80 of

 

the Compiled Laws of 1948, and subject to Act No. 197 of the Public

 

Acts of 1952, as amended, being sections 24.101 to 24.110 of the

 

Compiled Laws of 1948.the administrative procedures act of 1969,

 

1969 PA 306, MCL 24.201 to 24.328.

 

     (2) Except as otherwise provided in this subsection, until the

 

department promulgates rules under subsection (1), a large-scale

 

dog breeding kennel is subject to R 285.151.1 to R 285.151.41 of

 

the Michigan administrative code. Notwithstanding R 285.151.25 of

 

the Michigan administrative code, in a large-scale breeding kennel,

 

a female dog in estrus may be housed with intact male dogs for the

 

purpose of breeding.

 

     Sec. 5a. (1) A person who operates a pet shop shall not do any

 

of the following:

 

     (a) Import import or cause to be imported into this state , or

 

offer for sale or resale, a dog or cat that is less than 8 weeks

 

old. A person who operates an animal control shelter or an animal

 

protection shelter shall not import or cause to be imported into

 

this state a dog or cat that is less than 8 weeks old unless the

 

dog or cat is imported with its dam. A large-scale dog breeding

 

kennel shall not import or cause to be imported into this state a

 

dog that is less than 8 weeks old unless the dog is imported with

 

its dam.

 

     (b) Import or cause to be imported into this state, or offer

 

for sale or resale, a dog or cat unless the dog or cat has

 

deciduous (baby) teeth visibly present.

 

     (2) (c) Sell or offer for sale A person who operates a pet

 

shop shall not sell, exchange, transfer, or offer for sale,

 

exchange, or transfer a dog or cat that is less than 8 weeks old. A

 

large-scale dog breeding kennel shall not sell, exchange, transfer,

 

or offer for sale, exchange, or transfer a dog that is less than 8

 

weeks old.

 

     (3) A person who operates a pet shop, an animal control

 

shelter, an animal protection shelter, or a large-scale dog

 

breeding kennel shall not import or cause to be imported into this

 

state, or sell, adopt, exchange, or transfer, or offer for sale,

 

adoption, exchange, or transfer a dog, unless the all of the

 

following are satisfied before the dog's entry into this state:

 

     (a) The dog has been inoculated vaccinated against distemper,

 

hepatitis, and leptospirosis, para influenza and, if parvovirus,

 

and canine adenovirus-2. The dog shall also be vaccinated against

 

rabies and leptospirosis if the dog is 12 weeks of age or older. If

 

a rabies vaccine is required under this subdivision, the vaccine

 

shall be administered by a veterinarian. If the person operates a

 

pet shop or if the person is a large-scale dog breeding kennel, the

 

person shall administer vaccinations other than the rabies

 

vaccination to the dog as required by this subdivision not less

 

than 7 days before the dog's entry into this state. The director

 

may require vaccinations against other diseases not specified in

 

this subdivision.

 

     (b) If indicated, the dog has been treated for external and

 

internal parasites , not less than 7 days before the dog's entry

 

into this state. so that the dog is not capable of spreading

 

external or internal parasites to another animal at the time it is

 

imported into this state.

 

     (c) The dog shall be is accompanied by a an interstate health

 

certificate or certificate of veterinary inspection filled out and

 

signed by a an accredited veterinarian licensed to practice

 

veterinary medicine in the dog's state of origin, including records

 

of the dog's medication and immunization.

 

     (4) (d) Sell or offer for sale A person who operates a pet

 

shop, an animal control shelter, or an animal protection shelter

 

shall not import or cause to be imported into this state, or sell,

 

adopt, exchange, or transfer, or offer for sale, adoption,

 

exchange, or transfer a cat, unless the all of the following are

 

satisfied before the cat's entry into this state:

 

     (a) The cat has been inoculated vaccinated against feline

 

panleukopenia, (cat distemper), rinotraecheitis and calici viruses,

 

and, if and feline herpes virus-1. The cat shall also be vaccinated

 

against rabies if the cat is 12 weeks of age or older. If a rabies

 

vaccine is required under this subdivision, the vaccine shall be

 

administered by a veterinarian. If the person operates a pet shop,

 

the person shall administer vaccinations other than the rabies

 

vaccination to the cat as required by this subdivision not less

 

than 7 days before the cat's entry into this state. The director

 

may require vaccinations against other diseases not specified in

 

this subdivision.

 

     (b) If indicated, the cat has been treated for external and

 

internal parasites , not less than 7 days prior to the cat's entry

 

into this state. so that the cat is not capable of spreading

 

external or internal parasites to another animal at the time it is

 

imported into this state.

 

     (c) The cat shall be is accompanied by a an interstate health

 

certificate or certificate of veterinary inspection filled out and

 

signed by a an accredited veterinarian licensed to practice

 

veterinary medicine in the cat's state of origin, including records

 

of the cat's medication and immunization.

 

     (5) (e) Sell A person who operates a pet shop or a large-scale

 

dog breeding kennel shall not sell, exchange, transfer, or deliver

 

a dog, or cat, or ferret without providing to the purchaser a valid

 

pet health certificate. signed by a veterinarian licensed by this

 

state, for the dog or cat. The certificate shall include a health

 

record indicating the date and type of vaccinations which have been

 

given to the dog or cat.For purposes of this subsection, a pet

 

health certificate is only valid for 30 days after the date the

 

animal was examined by the veterinarian who signed the certificate.

 

     (6) A person shall not operate a large-scale dog breeding

 

kennel that houses or keeps more than 50 intact female dogs over

 

the age of 4 months in any 1 physical location.

 

     Sec. 6. (1) A municipality shall not operate an animal control

 

shelter unless the animal control shelter is registered with the

 

department.

 

     (2) A society for the prevention of cruelty to animals , or

 

any other person , shall not operate an animal protection shelter

 

unless the shelter is registered with the department.

 

     (3) A person shall not operate a large-scale dog breeding

 

kennel unless the large-scale dog breeding kennel is registered

 

with the department.

 

     (4) This act is not intended to apply to a dog owner or

 

breeder that houses 15 or fewer intact female dogs.

 

     Sec. 7. Application for registration of an animal control

 

shelter, or an animal protection shelter, or a large-scale dog

 

breeding kennel shall be on forms approved a form prescribed by the

 

department.director.

 

     Sec. 8a. (1) Except as otherwise provided in this section, an

 

animal control shelter or animal protection shelter shall not

 

permit a person to adopt a dog, cat, or ferret that has not been

 

altered, unless that person has entered into a contract for the

 

alteration of the dog, cat, or ferret with the animal control

 

shelter or animal protection shelter. The contract shall state that

 

the adopting person agrees to have an alteration performed on the

 

dog, cat, or ferret and shall otherwise comply with this section.

 

     (2) A contract with an animal control shelter or animal

 

protection shelter entered into pursuant to subsection (1) shall

 

require the adopting person to have an alteration performed on the

 

dog, cat, or ferret within 4 weeks after the adoption date if at

 

the time of adoption the dog, cat, or ferret is 6 months of age or

 

older. If the dog, cat, or ferret to be adopted is under 6 months

 

of age at the time of adoption, the contract shall contain the date

 

upon which the dog, cat, or ferret will be 6 months of age, and

 

shall require the person adopting the dog, cat, or ferret to have

 

an alteration performed on the dog, cat, or ferret within 4 weeks

 

after that date. This section does not prevent a veterinarian from

 

performing an alteration on a dog, cat, or ferret that is under 6

 

months of age.

 

     (3) Upon certification by a veterinarian in writing that a

 

dog, cat, or ferret has a serious, permanent medical or health

 

problem that prevents an alteration, the dog, cat, or ferret

 

adopted is not required to be altered. Upon certification by a

 

veterinarian in writing that an alteration poses a serious,

 

temporary medical or health problem, the alteration may be

 

postponed. The person adopting the dog, cat, or ferret shall have

 

it reevaluated by a veterinarian at intervals not to exceed 14 days

 

and shall have the alteration performed no later than 7 days after

 

a veterinarian determines that the temporary problem is resolved.

 

     (4) Except as otherwise provided in subsection (7), a contract

 

entered into pursuant to subsection (1) shall require the adopting

 

person to leave with the animal control shelter or animal

 

protection shelter, or a designee of the animal control shelter or

 

animal protection shelter, a good faith deposit of at least $25.00

 

that indicates the person's intention to have the adopted dog, cat,

 

or ferret altered within the time provided pursuant to subsection

 

(2). If the person fails to comply with the terms of the contract,

 

the deposit is forfeited. The good faith deposit shall be returned

 

to the adopting person if the adopting person submits written

 

certification from a veterinarian of either of the following:

 

     (a) The dog, cat, or ferret died within the time period in

 

which the alteration was required under subsection (2).

 

     (b) The dog, cat, or ferret has a serious, permanent medical

 

or health problem that prevents an alteration.

 

     (5) Money forfeited under subsection (4) shall be used by the

 

animal control shelter or animal protection shelter to finance

 

alterations, for public education regarding the value of having

 

dogs, cats, and ferrets altered, or to otherwise ensure compliance

 

with this section.

 

     (6) If the adopting person complies with the terms of a

 

contract entered into under subsection (1), the good faith deposit

 

of at least $25.00 shall be refunded by the animal control shelter,

 

animal protection shelter, or a designee of the animal control

 

shelter or animal protection shelter, upon submission by the

 

adopting person of written certification by a veterinarian that the

 

adopted dog, cat, or ferret was altered. The certificate shall

 

include the date of alteration, the name of the owner of the dog,

 

cat, or ferret, the description of the dog, cat, or ferret, and the

 

signature of the veterinarian who performed the alteration.

 

     (7) The good faith deposit under subsection (4) is not

 

required if 1 or more of the following apply:

 

     (a) A dog is transferred to a local, state, or federal law

 

enforcement agency.

 

     (b) A dog is transferred to an organization or trainer that

 

trains guide or leader dogs for blind persons, hearing dogs for

 

deaf or audibly impaired persons, or service dogs for physically

 

limited persons.

 

     (c) A dog, cat, or ferret is transferred to another animal

 

control shelter or animal protection shelter or is transferred to a

 

person who will transfer the animal to another animal control

 

shelter or animal protection shelter. Before the first animal

 

control shelter or animal protection shelter releases the animal,

 

it shall obtain from the person to whom the animal is to be

 

released a written statement by the second animal control shelter

 

or animal protection shelter that it is willing to accept the

 

animal for purposes of adoption or humane euthanasia. Promptly

 

after receipt of the animal by the second animal control shelter or

 

animal protection shelter, the person to whom the animal was

 

released shall provide the first animal control shelter or animal

 

protection shelter with a written statement by the second animal

 

control shelter or animal protection shelter containing a

 

description of the dog, cat, or ferret and acknowledging its

 

receipt on a date specified in the statement.

 

     (8) A contract entered into pursuant to subsection (1) shall

 

include a statement that if the terms of the contract are breached

 

because a person adopting a dog, cat, or ferret fails to have the

 

animal altered as required in the contract, then the person agrees

 

to pay liquidated damages of the greater of $100.00 or actual

 

reasonable costs incurred by the animal control shelter or animal

 

protection shelter to enforce the contract. Immediately before a

 

person signs the contract, a representative of the animal control

 

shelter or animal protection shelter shall verbally direct the

 

person's attention to the liquidated damages agreement in the

 

contract.

 

     (1) A government agency that has jurisdiction over animal

 

control within a county or municipality and an animal protection

 

shelter may enter into a contract under which the animal protection

 

shelter agrees to provide housing and care for animals under the

 

jurisdiction of that government agency. If an animal protection

 

shelter that is not under contract with a government agency that

 

has jurisdiction over animal control within a county or

 

municipality takes custody of a dog that was found running at large

 

or otherwise in violation of a local ordinance or the laws of this

 

state, the animal protection shelter shall, no later than 48 hours

 

after taking custody of the dog, notify the government agency in

 

that jurisdiction that the animal protection shelter has custody of

 

the dog.

 

     (2) An animal protection shelter that provides the

 

notification required under subsection (1) shall provide full

 

information about the dog and access to the dog to the government

 

agency to allow that agency to investigate and enforce any

 

violations of a local ordinance or a law of this state.

 

     Sec. 8b. (1) An animal control shelter or an animal protection

 

shelter shall observe a 7-day holding period for an animal with

 

current, traceable evidence of ownership. The animal control

 

shelter or an animal protection shelter shall use all reasonable

 

methods to identify the owner of the animal, including universal

 

microchip scanning equipment and any other methods prescribed by

 

the director. The animal control shelter or animal protection

 

shelter shall notify the owner of an animal using the means

 

provided for in the identification and shall not dispose of the

 

animal for at least 7 days after the date and time of the

 

documented notification.

 

     (2) An animal control shelter or an animal protection shelter

 

shall observe a 4-day holding period for a dog or a cat that does

 

not have current, traceable evidence of ownership.

 

     (3) Once the applicable holding period as provided in

 

subsections (1) and (2) has been fulfilled, ownership of the animal

 

transfers to the animal control shelter or animal protection

 

shelter.

 

     (4) This section does not apply to any of the following:

 

     (a) An animal that would be subjected to undue suffering if

 

the required holding period was observed.

 

     (b) An animal whose owner requests immediate disposition of

 

the animal.

 

     (c) An animal that was relinquished to the animal control

 

shelter or animal protection shelter by its owner.

 

     Sec. 8c. (1) Except as otherwise provided in this section, an

 

animal control shelter or an animal protection shelter shall not

 

permit a person to adopt a dog, cat, or ferret that has not been

 

altered, unless that person has entered into a contract for the

 

alteration of the dog, cat, or ferret with the animal control

 

shelter or animal protection shelter. The contract shall state that

 

the adopting person agrees to have an alteration performed on the

 

dog, cat, or ferret and shall otherwise comply with this section.

 

     (2) A contract with an animal control shelter or an animal

 

protection shelter entered into under subsection (1) shall require

 

the adopting person to have an alteration performed on the dog,

 

cat, or ferret within 4 weeks after the adoption date if at the

 

time of adoption the dog, cat, or ferret is 6 months of age or

 

older. If the dog, cat, or ferret to be adopted is under 6 months

 

of age at the time of adoption, the contract shall contain the date

 

upon which the dog, cat, or ferret will be 6 months of age, and

 

shall require the person adopting the dog, cat, or ferret to have

 

an alteration performed on the dog, cat, or ferret within 4 weeks

 

after that date. This section does not prevent a veterinarian from

 

performing an alteration on a dog, cat, or ferret that is under 6

 

months of age.

 

     (3) Upon certification by a veterinarian in writing that a

 

dog, cat, or ferret has a serious, permanent medical or health

 

problem that prevents an alteration, the dog, cat, or ferret

 

adopted is not required to be altered. Upon certification by a

 

veterinarian in writing that an alteration poses a serious,

 

temporary medical or health problem, the alteration may be

 

postponed. The person adopting the dog, cat, or ferret shall have

 

it reevaluated by a veterinarian at intervals not to exceed 14 days

 

and shall have the alteration performed no later than 7 days after

 

a veterinarian determines that the temporary problem is resolved.

 

     (4) Except as otherwise provided in subsection (7), a contract

 

entered into under subsection (1) shall require the adopting person

 

to leave with the animal control shelter or animal protection

 

shelter a good-faith deposit of at least $25.00 that indicates the

 

person's intention to have the adopted dog, cat, or ferret altered

 

within the time provided under subsection (2). If the person fails

 

to comply with the terms of the contract, the deposit is forfeited.

 

The good-faith deposit shall be returned to the adopting person if

 

the adopting person submits written certification from a

 

veterinarian of either of the following:

 

     (a) The dog, cat, or ferret died within the time period in

 

which the alteration was required under subsection (2).

 

     (b) The dog, cat, or ferret has a serious, permanent medical

 

or health problem that prevents an alteration.

 

     (5) Money forfeited under subsection (4) shall be used by the

 

animal control shelter or animal protection shelter to finance

 

alterations, for public education regarding the value of having

 

dogs, cats, and ferrets altered, or to otherwise ensure compliance

 

with this section.

 

     (6) If the adopting person complies with the terms of a

 

contract entered into under subsection (1), the good-faith deposit

 

of at least $25.00 shall be refunded by the animal control shelter

 

or animal protection shelter upon submission by the adopting person

 

of written certification by a veterinarian that the adopted dog,

 

cat, or ferret was altered. The certificate shall include the date

 

of alteration, the name of the owner of the dog, cat, or ferret,

 

the description of the dog, cat, or ferret, and the signature of

 

the veterinarian who performed the alteration.

 

     (7) The good-faith deposit under subsection (4) is not

 

required if 1 or more of the following apply:

 

     (a) A dog is transferred to a local, state, or federal law

 

enforcement agency.

 

     (b) A dog is transferred to an organization or trainer that

 

trains guide or leader dogs for blind persons, hearing dogs for

 

deaf or audibly impaired persons, or service dogs for physically

 

limited persons.

 

     (c) A dog, cat, or ferret is transferred to another animal

 

control shelter or animal protection shelter or is transferred to a

 

person who will transfer the animal to another animal control

 

shelter or animal protection shelter. Before the first animal

 

control shelter or animal protection shelter releases the animal,

 

it shall obtain from the person to whom the animal is to be

 

released a written statement by the second animal control shelter

 

or animal protection shelter that it is willing to accept the

 

animal for purposes of adoption or euthanasia. Promptly after

 

receipt of the animal by the second animal control shelter or

 

animal protection shelter, the person to whom the animal was

 

released shall provide the first animal control shelter or animal

 

protection shelter with a written statement by the second animal

 

control shelter or animal protection shelter containing a

 

description of the dog, cat, or ferret and acknowledging its

 

receipt on a date specified in the statement.

 

     (8) A contract entered into under subsection (1) shall include

 

a statement that if the terms of the contract are breached because

 

a person adopting a dog, cat, or ferret fails to have the animal

 

altered as required in the contract, then the person agrees to pay

 

liquidated damages of the greater of $100.00 or actual reasonable

 

costs incurred by the animal control shelter or animal protection

 

shelter to enforce the contract. Immediately before a person signs

 

the contract, a representative of the animal control shelter or

 

animal protection shelter shall verbally direct the person's

 

attention to the liquidated damages agreement in the contract.

 

     Sec. 9. (1) The Except as otherwise provided in this

 

subsection, the licensing and registration requirements of this act

 

do not apply to a person who breeds his or her own animals or to a

 

person subject to 1969 PA 224, MCL 287.381 to 287.395. The

 

licensing and registration requirements of this act apply to a

 

large-scale dog breeding kennel.

 

     (2) Subsection (1) does not create an exemption from

 

vaccination and licensing requirements under the dog law of 1919,

 

1919 PA 339, MCL 287.261 to 287.290, or from vaccination and

 

handling requirements under 1994 PA 358, MCL 287.891 to 287.901.

 

     (3) This act does not require the alteration of a dog, cat, or

 

ferret being reclaimed from an animal control shelter or animal

 

protection shelter by its owner unless a local governmental

 

government ordinance requires the alteration.

 

     Sec. 9a. (1) An animal control shelter, an animal protection

 

shelter, a pet shop, or a large-scale dog breeding kennel shall

 

maintain current verifiable records for a period of at least 2

 

years. The records shall include all of the following information:

 

     (a) How the animal was acquired, the location where the animal

 

was found or obtained, and the date and time of acquisition or

 

birth.

 

     (b) If the animal was acquired from a person, the verified

 

name and address of the person from whom the animal was acquired

 

and the person's relationship to the animal.

 

     (c) If the animal was acquired by animal control or law

 

enforcement personnel, the name of the officer, the verified name

 

and address of the person from whom the animal was obtained or the

 

location where the animal was obtained, and, if applicable, the

 

person's relationship to the animal.

 

     (d) The method or methods used to identify the owner of the

 

animal.

 

     (e) A description and identification of the animal, including

 

the animal's identification information, species, color, breed,

 

sex, alteration status, and approximate weight and age.

 

     (f) The date, nature, and method of disposition of the animal.

 

     (g) If the animal is adopted, transferred, or sold, the

 

verified name and address of the person to whom the animal is

 

adopted, transferred, or sold.

 

     (h) The number of animals on site daily at each physical

 

location.

 

     (i) The number of intact breeding adult female dogs on site

 

daily at each physical location. This subdivision only applies to a

 

large-scale dog breeding kennel.

 

     (2) The records required under subsection (1) shall be made

 

available upon request to the director or his or her

 

representative.

 

     (3) An animal control shelter or an animal protection shelter

 

shall maintain written records on the annually report the following

 

statistics to the department on a form prescribed by the director

 

no later than March 31 of the year following the year for which the

 

statistics were compiled:

 

     (a) The total number of dogs , and cats , and ferrets under 6

 

months of age. , the

 

     (b) The total number of dogs , and cats , and ferrets 6 months

 

of age and older. , and all

 

     (c) The total number of all other animals received, returned

 

to owners, adopted to new owners, sold, or transferred with or

 

without remuneration to any person. , the

 

     (d) The total number of adopted dogs , and cats , and ferrets

 

that were altered , and the total number of adopted dogs , and cats

 

, and ferrets that were not altered. , and the

 

     (e) The total number of dogs , and cats , and ferrets

 

euthanized annually. , and shall annually provide a copy of these

 

statistics to the department, by March 31 of the year following the

 

year for which the statistics were compiled.