Bill Text: MI HB5095 | 2013-2014 | 97th Legislature | Introduced
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-Introduced.html
HOUSE BILL No. 5095
October 23, 2013, Introduced by Reps. McCready, Poleski, Kosowski, Santana, Kesto, Callton, LaVoy, Foster, Yonker, Jacobsen, Barnett and Roberts and referred to the Committee on Regulatory Reform.
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 the title and sections 1, 5a, 6, 7, and 9a (MCL
287.331, 287.335a, 287.336, 287.337, and 287.339a), the title and
sections 1, 6, and 7 as amended and section 9a as added by 1997 PA
7 and section 5a as added by 1980 PA 214, and by adding sections 8b
and 8c; and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
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; and
to repeal acts and parts of acts.
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.
(f) "Animal holding facility" means an animal control shelter
or an animal protection shelter, or an authorized agent of an
animal control shelter or an animal protection shelter.
(g) (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.
(h) (g)
"Cat" means a domestic
cat of any age of the species
felis
Felis catus.
(i) (h)
"Department" means the
state department of agriculture
and rural development.
(j) (i)
"Director" means the
director of the department or his
or her authorized representative.
(k) (j)
"Dog" means a domestic
dog of any age of the species
canis
Canis familiaris.
(l) "Euthanasia" means the production of the humane death of an
animal through instantaneous unconsciousness and immediate death
consistent with the current guidelines of the American veterinary
medical association on euthanasia or an equivalent protocol as
approved by the director and in accordance with the laws of this
state.
(m) (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.
(n) "Holding period" means the minimum period of time, in
days, after an animal's intake into an animal holding facility'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 not less than 24 hours during which an animal holding
facility is 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 holding facility.
(o) "Intact dog" means a dog that has not been altered.
(p) "Large-scale commercial 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 purpose of breeding.
(q) (m)
"Municipality" means a
county, city, village, or
township.
(r) (n)
"Person" means an
individual, partnership,
corporation, association, governmental entity, or other legal
entity.
(s) "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.
(t) (o)
"Pet shop" means a place
where animals are sold or
offered for sale, exchange, or transfer.
(u) (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. 5a. (1) A person who operates a pet shop, an animal
holding facility, or a large-scale commercial dog breeding kennel
shall not produce the death of any animal other than by euthanasia.
(2) A person who operates a pet shop, an animal holding
facility, or a large-scale commercial dog breeding kennel 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 unless the dog or cat 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.
(3) (c)
Sell or offer for sale A
person who operates a pet
shop, an animal holding facility, or a large-scale commercial dog
breeding kennel shall not sell, adopt, exchange, or transfer, or
offer for sale, adoption, exchange, or transfer a dog or cat that
is less than 8 weeks old.
(4) A person who operates a pet shop or a large-scale
commercial 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 parainfluenza, rabies
if
the dog is over 12 weeks of age, parvovirus, and , if any
other
diseases as required by the director.
(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.
(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.
(5) (d)
Sell or offer for sale A
person who operates a pet
shop or an animal holding facility 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,
rhinotracheitis,
rabies if the cat is over 12 weeks of age, and ,
if
any other diseases as
required by the director.
(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.
(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.
(6) (e)
Sell A person who operates a
pet shop or a large-scale
commercial 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.
(7) A person shall not operate a large-scale commercial 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 commercial dog
breeding kennel unless the large-scale commercial dog breeding
kennel is registered with the department.
Sec.
7. Application for registration of an animal control
shelter
or animal protection shelter holding
facility or a large-
scale
commercial dog breeding kennel shall be
on forms approved a
form
prescribed by the department.director.
Sec. 8b. (1) An animal holding facility shall observe a 7-day
holding period for an animal with current, traceable evidence of
ownership. The animal holding facility 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 holding facility 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 holding facility shall observe a 4-day holding
period for a dog that does not have current, traceable evidence of
ownership.
(3) An animal holding facility shall observe a 2-day holding
period for a cat that does not have current, traceable evidence of
ownership.
(4) Once the applicable holding period as provided in
subsections (1) to (3) has been fulfilled, ownership of the animal
transfers to the animal holding facility.
(5) This section does not apply to any of the following:
(a) An animal who 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 who was relinquished to the animal holding
facility by its owner.
Sec. 8c. (1) Except as otherwise provided in this section, an
animal holding facility 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 holding facility. 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 holding facility 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 holding facility 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 holding facility 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 holding facility
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
holding facility or is transferred to a person who will transfer
the animal to another animal holding facility. Before the first
animal holding facility releases the animal, it shall obtain from
the person to whom the animal is to be released a written statement
by the second animal holding facility 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 holding facility,
the person to whom the animal was released shall provide the first
animal holding facility with a written statement by the second
animal holding facility 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 holding facility to enforce
the contract. Immediately before a person signs the contract, a
representative of the animal holding facility shall verbally direct
the person's attention to the liquidated damages agreement in the
contract.
(9) The alteration of a dog, cat, or ferret that is reclaimed
from an animal holding facility by its owner is not required unless
a local ordinance requires the alteration.
Sec. 9a. (1) An animal holding facility, a pet shop, or a
large-scale commercial 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, breed, sex, alteration
status, age, and approximate weight.
(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 at each physical location.
(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 animal
protection shelter
holding
facility 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, cats, and ferrets that
were
altered , and
the total number of adopted
dogs, cats, and
ferrets
that were not altered. , and the
(e) The total number of dogs, 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.
Enacting section 1. Sections 8a and 9 of 1969 PA 287, MCL
287.338a and 287.339, are repealed.
