Bill Text: MI SB0560 | 2013-2014 | 97th Legislature | Introduced

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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). TIE BAR WITH: HB 5095'13

Spectrum: Slight Partisan Bill (Democrat 4-2)

Status: (Introduced - Dead) 2013-10-01 - Referred To Committee On Agriculture [SB0560 Detail]

Download: Michigan-2013-SB0560-Introduced.html

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SENATE BILL No. 560

 

 

October 1, 2013, Introduced by Senators BIEDA, JONES, SMITH, EMMONS, GREGORY and JOHNSON and referred to the Committee on Agriculture.

 

 

 

     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.