Bill Text: MI SB0574 | 2011-2012 | 96th Legislature | Introduced

---

Bill Title: Animals; dogs; sale of dogs and cats; create certain protections for purchasers. Amends title & sec. 1 of 1969 PA 287 (MCL 287.331) & adds sec. 5b.

Spectrum: Slight Partisan Bill (Democrat 5-3)

Status: (Introduced - Dead) 2011-09-27 - Referred To Committee Of The Whole With Substitute S-2 [SB0574 Detail]

Download: Michigan-2011-SB0574-Introduced.html

---

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 574

 

 

August 24, 2011, Introduced by Senators BIEDA, ROCCA, WARREN, HOPGOOD, SMITH, JOHNSON, HANSEN and KOWALL 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 section 1 (MCL 287.331), as amended by

 

1997 PA 7, and by adding section 5b.

 

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; to

 

regulate the sale of dogs and cats by certain persons; to provide

 

certain protections for purchasers of dogs and cats; and to

 

prescribe penalties and civil fines; and to provide remedies.

 

     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 Animal does not include

 

livestock as defined in 1937 PA 284, MCL 287.121 to 287.131, and or

 

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) "Breeder" means a person who breeds or raises dogs or cats

 

for sale to the public.

 

     (h) (g) "Cat" means a domestic cat animal of any age of the

 

species 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 animal of any age of the

 

species canis familiaris.

 

     (l) (k) "Ferret" means an animal of any age of the species

 

mustela furo.

 

     (m) (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) (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 dealer" means a person who for compensation buys or

 

sells dogs or cats. Pet dealer does not include an animal

 

protection shelter.

 

     (q) (o) "Pet shop" means a place where animals are sold or

 

offered for sale, exchange, or transfer.

 

     (r) (p) "Veterinarian" means a person an individual licensed

 

to practice veterinary medicine under article 15 of the public

 

health code, 1978 PA 368, MCL 333.16101 to 333.18838.

 

     Sec. 5b. (1) This section applies to all of the following:

 

     (a) A pet shop that sells dogs or cats.

 

     (b) A pet dealer.

 

     (c) A breeder.

 

     (d) A person who engages in the sale of dogs or cats to the

 

public for profit.

 

     (e) A person who sells more than 1 litter of dogs or cats

 

under 6 months of age or 2 dogs or cats over 6 months of age per

 

year.

 

     (2) A dog or cat is unfit for sale at the time of purchase if

 

any of the following occur:

 

     (a) Within 30 days after a purchaser receives the dog or cat

 

from a person described in subsection (1), a veterinarian states,

 

in writing, that the dog or cat has symptoms of a contagious or

 

infectious disease or illness that existed in the dog or cat at the

 

time of purchase.

 

     (b) Within 90 days after a purchaser receives the dog or cat

 

from a person described in subsection (1), a veterinarian states,

 

in writing, that the dog or cat died or is ill due to a hereditary

 

or congenital defect.

 

     (3) If a dog or cat is unfit for sale at the time of purchase

 

as described in subsection (2), the person described in subsection

 

(1) that sold the dog or cat to the purchaser shall allow the

 

purchaser of the dog or cat to do any of the following:

 

     (a) Return the dog or cat for a refund of the full purchase

 

price.

 

     (b) If a replacement dog or cat is available, exchange the dog

 

or cat for another dog or cat of the purchaser's choice that is of

 

equal value.

 

     (c) Retain the dog or cat and receive reimbursement for

 

reasonable veterinary fees. The reimbursement of reasonable

 

veterinary fees shall not exceed the original purchase price of the

 

dog or cat.

 

     (d) If the dog or cat dies, receive another dog or cat of

 

equal value, if available, and receive reimbursement for reasonable

 

veterinary fees. The reimbursement of reasonable veterinary fees

 

shall not exceed the original purchase price of the dog or cat.

 

     (e) If the dog or cat dies, receive a refund of the full

 

purchase price.

 

     (4) This section does not limit the rights or remedies

 

otherwise available to the purchaser of a dog or cat under any

 

other law.