Bill Text: MI HB4898 | 2015-2016 | 98th Legislature | Engrossed
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 secs. 1, 2, 5a, 6, 7 & 9 of 1969 PA 287 (MCL 287.331 et seq.) & adds sec. 9c.
Spectrum: Slight Partisan Bill (Republican 9-3)
Status: (Introduced - Dead) 2016-12-06 - Referred To Committee Of The Whole With Substitute S-2 [HB4898 Detail]
Download: Michigan-2015-HB4898-Engrossed.html
HB-4898, As Passed House, March 2, 2016
SUBSTITUTE FOR
HOUSE BILL NO. 4898
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, and 9 (MCL 287.331, 287.332,
287.335a, 287.336, 287.337, and 287.339), sections 1, 6, 7, and 9
as amended by 1997 PA 7 and section 5a as added by 1980 PA 214, and
by adding sections 9c and 9d.
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.
(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.
(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) "Intact dog" means a dog that has not been altered.
(m) "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.
(n) (m)
"Municipality" means a
county, city, village, or
township.
(o) (n)
"Person" means an
individual, partnership,
corporation, association, governmental entity, or other legal
entity.
(p) "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.
(q) (o)
"Pet shop" means a place
where animals are sold or
offered for sale, exchange, or transfer.
(r) (p)
"Veterinarian" means a
person licensed to practice
veterinary
medicine under article 15 part
188 of the public health
code,
1978 PA 368, MCL 333.16101 333.18801
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 dog 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, or
transfer a dog that is less than 8 weeks old.
(3) A person that 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 an accredited veterinarian. A person
operating a pet shop or a large-scale dog breeding kennel shall
ensure that vaccinations other than the rabies vaccination are
administered 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
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 an accredited veterinarian. A person operating a
pet shop shall ensure that vaccinations other than the rabies
vaccination are administered 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.
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. The department shall charge an annual fee of
$500.00 per registration of a large-scale dog breeding kennel.
(4) This act is not intended to apply to a dog owner or
breeder other than a person that operates a large-scale dog
breeding kennel.
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.
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. 9c. (1) 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) The verified name and address of the person from whom the
dog was acquired, where the dog was acquired, and the date that the
dog was acquired.
(b) A description and identification of the dog, including the
dog's identification information, color, breed, sex, alteration
status, and approximate weight and age.
(c) The date and method of disposition of the dog. If the dog
is adopted, transferred, or sold, the records shall also include
the verified name and address of the person to whom the dog is
adopted, transferred, or sold.
(d) The number of dogs on site daily at each physical
location.
(e) The number of intact breeding adult female dogs on site
daily at the physical location.
(f) Breeding records for each female intact dog that include
the approximate date the dog was bred and the birth date and size
of each litter during the time that the dog was at the physical
location.
(2) A large-scale dog breeding kennel shall make the records
required under subsection (1) available to the director or his or
her representative on request.
Sec. 9d. No later than 18 months after the effective date of
the amendatory act that added this section and annually thereafter
until September 30, 2019, the department shall prepare and submit a
report to the senate and house standing committees on
appropriations. The report required under this section shall
include, but is not limited to, all of the following information:
(a) The number of registrations issued to large-scale dog
breeding kennels under section 6(3).
(b) The approximate number of breeding animals housed at each
large-scale dog breeding kennel described in subdivision (a).
(c) The number of inspections of large-scale dog breeding
kennels performed by the department or a partner of the department.
(d) The number of complaints received regarding large-scale
dog breeding kennels.
(e) The number of pending or assessed penalties arising from
the complaints described in subdivision (d).
(f) Recommendations regarding all of the following:
(i) Department staffing levels.
(ii) Annual registration fees for large-scale dog breeding
kennels.
(iii) Best practices for working with partners to assist in
identifying and resolving noncompliant large-scale dog breeding
kennels.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.