Bill Text: MI HB4465 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Animals; other; dog, cat, or ferret temporarily transferred to a person; provide for waiver of good faith deposit. Amends sec. 8a of 1969 PA 287 (MCL 287.338a).
Spectrum: Partisan Bill (Republican 7-0)
Status: (Introduced - Dead) 2009-02-26 - Printed Bill Filed 02/26/2009 [HB4465 Detail]
Download: Michigan-2009-HB4465-Introduced.html
HOUSE BILL No. 4465
February 25, 2009, Introduced by Reps. Lund, Lori, Meltzer, Daley, Kurtz, Tyler and Hansen 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 section 8a (MCL 287.338a), as added by 1997 PA 7.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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.
(d) A dog, cat, or ferret is temporarily transferred, for a
period of time not to exceed 90 days, to a person who will provide
shelter for the dog, cat, or ferret before it is adopted by that
person or another person.
(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.
