Bill Text: MI HB4186 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Animals; animal shelters; certain definition of animal; revise. Amends secs. 1 & 8b of 1969 PA 287 (MCL 287.331 & 287.338b).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2017-08-16 - Assigned Pa 84'17 With Immediate Effect [HB4186 Detail]
Download: Michigan-2017-HB4186-Introduced.html
HOUSE BILL No. 4186
February 9, 2017, Introduced by Reps. Alexander, Barrett, Howell, McCready and Elder 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 sections 1 and 8b (MCL 287.331 and 287.338b), section 1
as amended by 2016 PA 392 and section 8b as added by 2016 PA 393.
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 an animal 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" Except
as provided in section 8b, "animal" means
a
vertebrate other than a human being.mammal except livestock as
defined in 1937 PA 284, MCL 287.121 to MCL 287.131, and rodents.
(e) "Animal abuse offense" means 1 or more of the following,
but does not include the lawful use of an animal to hunt or to
participate in field trials or the lawful killing or other use of
an animal in farming or a generally accepted animal husbandry or
farming practice involving livestock:
(i) A violation of section 49 of the Michigan penal code, 1931
PA 328, MCL 750.49.
(ii) A violation of section 50 of the Michigan penal code,
1931 PA 328, MCL 750.50.
(iii) A violation of section 50a of the Michigan penal code,
1931 PA 328, MCL 750.50a.
(iv) A violation of section 50b of the Michigan penal code,
1931 PA 328, MCL 750.50b.
(v) A violation of section 50c of the Michigan penal code,
1931 PA 328, MCL 750.50c.
(vi) A violation of section 158 of the Michigan penal code,
1931 PA 328, MCL 750.158, if the violation arose out of a crime
against nature with an animal.
(vii) A violation of a local ordinance substantially
corresponding to a violation described in subparagraphs (i) to
(vi).
(viii) An attempt or conspiracy to commit an offense described
in subparagraphs (i) to (vii).
(f) "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.
(g) "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) "Cat" means a domestic cat of any age of the species Felis
catus.
(i) "Department" means the state department of agriculture and
rural development.
(j) "Director" means the director of the department or his or
her authorized representative.
(k) "Dog" means a domestic dog of any age of the species Canis
familiaris.
(l) "Ferret" means an animal of any age of the species Mustela
furo.
(m) "ICHAT" means the internet criminal history access tool
maintained by the department of state police.
(n) "Intact dog" means a dog that has not been altered.
(o) "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. As used in this
subdivision, "housed or kept for the primary purpose of breeding"
means that the female dog has previously been bred and whelped. A
female dog that has not previously produced offspring shall not be
considered to have been housed or kept for the primary purpose of
breeding.
(p) "Municipality" means a county, city, village, or township.
(q) "Person" means an individual, partnership, corporation,
association, governmental entity, or other legal entity.
(r) "Pet health certificate" means a certificate in a form
prescribed by the director in which a veterinarian attests to the
species, 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 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.
(s) "Pet shop" means a place where animals are sold or offered
for sale, exchange, or transfer.
(t) "Veterinarian" means a person licensed to practice
veterinary medicine under part 188 of the public health code, 1978
PA 368, MCL 333.18801 to 333.18838.
Sec. 8b. (1) Before allowing an individual to adopt an animal,
an animal control shelter or animal protection shelter may conduct
a search using ICHAT to determine whether that individual has a
prior criminal history for an animal abuse offense.
(2) An animal control shelter or animal protection shelter
does not violate this act if the animal control shelter or animal
protection shelter searches for an individual on ICHAT allowed
under subsection (1) and the search fails to disclose that the
individual has a prior criminal history for an animal abuse
offense.
(3) Subsection (1) does not apply to a pet shop that allows an
animal protection shelter to use pet shop resources, including, but
not limited to, the pet shop's premises, facilities, employees,
equipment, and advertising for pet adoptions, or to a pet shop that
works with an animal protection shelter but does not perform
adoptions except as an agent of the animal protection shelter. A
pet shop described in this subsection is not an animal protection
shelter and is not liable for any pet adoptions performed by an
animal protection shelter.
(4) This section may be referred to as "Logan's law".
(5) For purposes of this section and section 8c only, "animal"
means a vertebrate other than a human being.
Enacting section 1. This amendatory act takes effect March 29,
2017.
