Bill Text: MI SB1227 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Animals; dangerous; dangerous animal complaint and regulation; modify. Amends sec. 2 of 1988 PA 426 (MCL 287.322).

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-12-12 - Referred To Committee Of The Whole With Substitute S-1 [SB1227 Detail]

Download: Michigan-2017-SB1227-Introduced.html

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SENATE BILL No. 1227

 

 

November 28, 2018, Introduced by Senator BIEDA and referred to the Committee on Judiciary.

 

 

 

     A bill to amend 1988 PA 426, entitled

 

"An act to regulate dangerous animals; to provide for the

confinement, tattooing, or destruction of dangerous animals; and to

provide penalties for the owners or keepers of dangerous animals

that attack human beings,"

 

by amending section 2 (MCL 287.322).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2. (1) Upon a sworn complaint that an animal is a

 

dangerous animal and the animal has caused serious injury or death

 

to a person an individual or has caused serious injury or death to

 

a dog, a district court magistrate, district court, or a municipal

 

court shall issue a summons to the owner ordering him or her to

 

appear to show cause why the animal should not be destroyed and

 

provide, in accordance with MCR 2.501, not less than 28 days'

 

notice of the date on which the owner must appear. All evidence,

investigations, notes, determinations, and communications shall be

 

provided to the owner, including exculpatory evidence. Discovery

 

shall be permitted.

 

     (2) Upon the filing of a sworn complaint as provided in

 

subsection (1), the court or magistrate shall order the owner to

 

immediately turn the animal over to a proper animal control

 

authority, an incorporated humane society, a licensed veterinarian,

 

or a boarding kennel, at the owner's option, to be retained by them

 

until a hearing is held and a decision is made for the disposition

 

of the animal. The owner shall notify the person who that retains

 

the animal under this section of the complaint and order. The owner

 

shall be responsible for the expense of the boarding and retention

 

of the animal is to be borne by the owner. unless the animal is

 

held by an animal control authority and the animal is exonerated.

 

The animal shall not be returned to the owner until it has a

 

current rabies vaccination and a license as required by law.

 

     (3) After If, after a hearing, an animal is found by clear and

 

convincing evidence and without justification to be a dangerous

 

animal that caused serious injury or death to an individual or

 

death to a dog, the magistrate or court shall may order, at the

 

expense of the owner, the destruction of the animal, at the expense

 

of the owner, if the animal is found to be a dangerous animal that

 

caused serious injury or death to a person or a dog. After a

 

hearing, the or compliance by the owner with 1 or more of the

 

provisions prescribed in subsection (4)(a) to (e). The court may,

 

after a hearing, order the destruction of the animal, at the

 

expense of the owner, if the court finds that the animal is a

dangerous animal that did not cause serious injury or death to a

 

person an individual but is likely in the future to cause serious

 

injury or death to a person an individual or in the past has been

 

adjudicated a dangerous animal.

 

     (4) If the A court or magistrate that finds that an animal is

 

a dangerous animal but has not caused serious injury or death to a

 

person, the court or magistrate and does not order the destruction

 

of the animal shall notify the animal control authority for the

 

county in which the complaint was filed of the finding of the

 

court, the name of the owner of the dangerous animal, and the

 

address at which the animal was kept at the time of the finding of

 

the court. In addition, the court or magistrate shall order the

 

owner of that the dangerous animal to do 1 or more of the

 

following:

 

     (a) If the animal that has been found to be a dangerous animal

 

is of the Canis familiaris species, have an identification number

 

tattooed upon the animal, or microchipped, at the owner's expense,

 

by or under the supervision of a licensed veterinarian. The

 

identification number shall be assigned to the animal by the

 

Michigan The department of agriculture and rural development shall

 

assign an identification number to the animal and the number shall

 

be noted in its records. pursuant to Act No. 309 of the Public Acts

 

of 1939, being sections 287.301 to 287.308 of the Michigan Compiled

 

Laws. The identification number, if tattooed, shall be tattooed on

 

the upper inner left rear thigh of the animal by means of indelible

 

or permanent ink. The department of agriculture and rural

 

development shall promulgate rules and procedures to implement this

subsection in accordance with the administrative procedures act of

 

1969, 1969 PA 306, MCL 24.201 to 24.328.

 

     (b) Take specific steps, such as the use of escape proof

 

fencing or an enclosure , including that includes a top or roof, to

 

ensure that the animal cannot escape or nonauthorized individuals

 

cannot enter the premises.

 

     (c) Have the animal sterilized.

 

     (d) Obtain and maintain liability insurance coverage

 

sufficient to protect the public from any damage or harm caused by

 

the animal.

 

     (e) Take any other action appropriate to protect the public.

 

     (5) An animal control officer or investigating law enforcement

 

officer shall not coerce or threaten the owner of an animal

 

adjudicated to be a dangerous animal under this section to cause

 

the owner to relinquish the animal.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.