BillCam

SENATE BILL No. 419

August 20, 2019, Introduced by Senator LUCIDO 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 the title and sections 1, 2, 5a, 6, 7, 8, 8a, 8b, 8c,

9a, and 9b (MCL 287.331, 287.332, 287.335a, 287.336, 287.337,

287.338, 287.338a, 287.338b, 287.338c, 287.339a, and 287.339b), the

title and section 8 as amended and sections 8a and 9a as added by

1997 PA 7, sections 1 and 8b as amended by 2017 PA 84, sections 2,

5a, 6, and 7 as amended and section 8c as added by 2016 PA 392, and

section 9b as amended by 2007 PA 79, and by adding section 8d.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

TITLE

An act to regulate pet shops, animal control shelters, and

animal protection shelters, animal rescues, and large-scale

breeders; to establish uniform procedures and minimum requirements

for the adoption or sale of dogs, cats, and ferrets; and to

prescribe penalties and civil fines; and to provide remedies.

Sec. 1. (1) This act shall be known and may be cited as the

"companion animal sales and adoption by MDARD-regulated

organizations act".

(2) 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, or animal rescue 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 service dog or 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.

having undergone alteration.

(d) Except as provided in section 8b, "animal" means a mammal

except livestock as that term is 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) "Animal rescue" means a person that acquires an animal

through purchase, adoption, owner surrender, or any other means for

the purpose of finding the animal a new home and that maintains the

animal in a foster home.

(i) (h) "Cat" means a domestic cat of any age of the species

Felis catus.Felis catus.

(j) (i) "Department" means the state department of agriculture

and rural development.

(k) (j) "Director" means the director of the department or his

or her authorized representative.

(l) (k) "Dog" means a domestic dog of any age of the species

Canis familiaris.Canis familiaris.

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

Mustela furo.Mustela furo.

(n) "Foster care provider" means a person that provides care

or rehabilitation to an animal in a foster home through an

affiliation with an animal rescue.

(o) "Foster home" means a private residential dwelling and its

surrounding grounds, or a facility and its surrounding grounds, at

which care or rehabilitation is provided to an animal through an

affiliation with an animal rescue.

(p) (m) "ICHAT" means the internet criminal history access

tool maintained by the department of state police.

(q) (n) "Intact dog" means a dog that has not been altered.

(r) (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 is not

be considered to have been housed or kept for the primary purpose

of breeding.

(s) (p) "Municipality" means a county, city, village, or

township.

(t) (q) "Person" means an individual, partnership,

corporation, association, governmental entity, or other legal

entity.

(u) (r) "Pet health certificate" means a certificate in a form

prescribed by the director in which a veterinarian attests to the

species, age, sex, gender, 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 any visual

evidence of a communicable disease.

(v) (s) "Pet shop" means a place where animals are sold or

offered for sale, exchange, or transfer.

(w) (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. 2. (1) The department 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 animal rescues and large-scale

dog breeding kennels. The rules shall be promulgated in accordance

with 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), an animal rescue

or 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 that operates a pet shop shall not

import or cause to be imported into this state a dog or cat that is

less than 8 weeks old. A person who that 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.

(2) A person who that 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, an animal rescue, 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 all

of the following are satisfied before the dog's entry into this

state:

(a) The dog has been vaccinated against distemper, parvovirus,

and canine adenovirus-2. The dog shall also be vaccinated against

rabies and leptospirosis and, if the dog is 12 weeks of age or

older, . against rabies and leptospirosis. If a rabies vaccine is

required under this subdivision, the vaccine shall must 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 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.

or certificate of veterinary inspection completed and signed by 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) A person who that operates a pet shop, an animal control

shelter, or an animal protection shelter, or an animal rescue 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 all of the following are satisfied before

the cat's entry into this state:

(a) The cat has been vaccinated against feline panleukopenia,

calici viruses, and feline herpes virus-1. The cat shall also be

vaccinated against rabies and, if the cat is 12 weeks of age or

older, . against rabies. If a rabies vaccine is required under this

subdivision, the vaccine shall must 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 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.

or certificate of veterinary inspection filled out completed and

signed by 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) A person who that operates a pet shop or a large-scale dog

breeding kennel shall not sell, exchange, transfer, or deliver a

dog, cat, or ferret without providing to the purchaser a valid pet

health certificate. 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 an animal rescue unless the

animal rescue is registered with the department.

(4) (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.

(5) (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, an animal protection shelter, an animal rescue, or a

large-scale dog breeding kennel shall be on a form prescribed by

the director.

Sec. 8. The department shall not register an animal control

shelter or animal protection shelter unless the department first

inspects it to ensure that it complies with this act and the rules

promulgated under this act. Before registering an animal rescue,

the department may inspect some or all foster homes utilized by the

animal rescue to ensure that the foster homes comply with this act

and the rules promulgated under this act.

Sec. 8a. (1) Except as otherwise provided in this section, an

animal control shelter, or animal protection shelter, or animal

rescue 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, or animal

rescue. 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, or animal rescue entered into pursuant to under

subsection (1) shall must require the adopting person to have an

alteration performed on the dog, cat, or ferret within not more

than 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 must contain the date upon which the

dog, cat, or ferret will be 6 months of age, and shall must require

the person adopting the dog, cat, or ferret to have an alteration

performed on the dog, cat, or ferret within not more than 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, and permanent medical or health

problem that prevents an alteration, the dog, cat, or ferret to be

adopted is not required to be altered. Upon certification by a

veterinarian in writing that an alteration poses a serious, and

temporary medical or health problem, the alteration may be

postponed. The person adopting the dog, cat, or ferret shall must

have it reevaluated by a veterinarian at intervals not to exceed 14

days and shall must 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 under subsection (1) shall require the

adopting person to leave with the animal control shelter, or animal

protection shelter, or animal rescue, or a designee of the animal

control shelter, or animal protection shelter, or animal rescue a

good faith good-faith deposit of at least not less than $25.00 that

indicates the person's intention to have the adopted dog, cat, or

ferret altered within the time provided pursuant to under

subsection (2). If the person fails to comply with the terms of the

contract, the deposit is forfeited. The good faith good-faith

deposit shall must 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 during the time period

in which the alteration was required under subsection (2).

(b) The dog, cat, or ferret has a serious, and permanent

medical or health problem that prevents an alteration.

(5) Money forfeited under subsection (4) shall must be used by

the animal control shelter, or animal protection shelter, or animal

rescue 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 good-

faith deposit of at least $25.00 shall described in subsection (4)

must be refunded by the animal control shelter, animal protection

shelter, or animal rescue, or by a designee of the animal control

shelter, or animal protection shelter, or animal rescue upon

submission by the adopting person of written certification by a

veterinarian that the adopted dog, cat, or ferret was altered. The

certificate shall must include the date of alteration, the name of

the owner of the dog, cat, or ferret, the a description of the dog,

cat, or ferret, and the signature of the veterinarian who performed

the alteration.

(7) The good faith good-faith deposit described 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.

control shelter, or animal protection shelter, or animal rescue or

is transferred to a person who that will transfer the animal to

another animal control shelter, or animal protection shelter, or

animal rescue. Before the first animal control shelter, or animal

protection shelter, or animal rescue 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, or animal rescue 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, or animal rescue the person to whom

the animal was released shall provide the first animal control

shelter, or animal protection shelter, or animal rescue with a

written statement by the second animal control shelter, or animal

protection shelter, or animal rescue containing a description of

the dog, cat, or ferret and acknowledging its receipt on a date

specified in the statement.

(8) A contract entered into pursuant to under subsection (1)

shall must 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, or animal rescue to enforce the

contract. Immediately before a person signs the contract, a

representative of the animal control shelter, or animal protection

shelter, or animal rescue shall verbally direct the person's

attention to the liquidated damages agreement in the contract.

Sec. 8b. (1) Before allowing an individual to adopt an animal,

an animal control shelter, or animal protection shelter, or animal

rescue 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,

or animal rescue does not violate this act if the animal control

shelter, or animal protection shelter,or animal rescue searches

for an individual on ICHAT as 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 or animal rescue 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 or animal rescue but does not perform adoptions except as

an agent of the animal protection shelter or animal rescue. A pet

shop described in this subsection is not an animal protection

shelter or animal rescue and is not liable for any pet adoptions

performed by an animal protection shelter or animal rescue.

(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.

Sec. 8c. (1) An animal control shelter, or animal protection

shelter,or animal rescue may consider an individual's criminal

history when deciding whether to allow that individual to adopt an

animal. An animal control shelter, or animal protection shelter, or

animal rescue may choose not to allow an individual who has been

convicted of an animal abuse offense to adopt an animal unless a

period of at least 5 years has elapsed since the date of his or her

conviction. An animal control shelter, or animal protection

shelter, or animal rescue may choose not to allow an individual who

is charged with committing an animal abuse offense and enters a

plea to any other crime in exchange for dismissal of that charge to

adopt an animal.

(2) This section may be referred to as the "animal adoption

protection act".

Sec. 8d. All of the following apply to an animal rescue and

the foster homes utilized by an animal rescue:

(a) An animal rescue shall not breed animals.

(b) An animal rescue shall not take in a stray animal unless

the animal rescue is contracted with a municipality or other

governmental agency to provide animal control services.

list of those foster homes that includes all of the following:

(i) The name and phone number of the foster home owner.

(ii) The street address for each foster home at which animals

are housed.

(iii) The name, breed or species, physical description, age,

and gender of each animal fostered at a foster home.

(d) Upon request, a foster home owner or operator shall

provide the department access to any part of a foster home in which

fostered animals are kept on behalf of an animal rescue.

(e) An animal rescue shall maintain verifiable records for a

period of at least 2 years. The records shall include all of the

following:

(i) The verified name and address of any person from whom an

animal is acquired, where the animal was acquired, and the date

that the animal was acquired.

(ii) A description of the animal, including the animal's

identification information, color, breed or species, gender,

alteration status, and approximate weight and age.

(iii) The date and method of the disposition of the animal. If

the animal is adopted, transferred, or sold, the records must

include the verified name and address of the person to whom the

animal is adopted, transferred, or sold.

Sec. 9a. (1) An animal control shelter, or animal protection

shelter, or animal rescue shall compile and maintain written

records on the total number of dogs, cats, and ferrets under 6

months of age, the total number of dogs, cats, and ferrets 6 months

of age and older, and, if applicable, all other animals received,

returned to owners, adopted to new owners, sold, or transferred

with or without remuneration to any person, the number of adopted

dogs, cats, and ferrets that were altered, the number of adopted

dogs, cats, and ferrets that were not altered, and the number of

dogs, cats, and ferrets euthanized annually, and shall annually

provide a copy of these statistics to the department, by March 31

of the year following the year for which the statistics were

compiled.

(2) For each dog, cat, and ferret purchased or otherwise

acquired, held, transported, sold, or disposed of by an animal

control shelter, animal protection shelter, or animal rescue, the

owner or operator of the animal control shelter, animal protection

shelter, or animal rescue shall keep and maintain the following

information in a manner prescribed by the department:

(a) The name and address of the person from whom the animal

was acquired and the name and address of the person to whom the

animal was sold or otherwise disposed of.

(b) The date the animal was first acquired.

species, gender, color, and approximate weight.

(d) Any available identification information for the animal.

(e) The date, nature, and method of disposition of the animal,

including, but not limited to, sale, death, euthanasia, or

donation.

(3) An animal control shelter, animal protection shelter, or

animal rescue shall maintain the records described in subsection

(2) for not less than 2 years and shall make the records available

to the director or his or her authorized representative upon

request.

Sec. 9b. (1) If a person violates this act or a rule

promulgated under this act, the director, after notice and an

opportunity for an evidentiary hearing under the administrative

procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, may do

either or both of the following:

(a) Suspend or revoke a license or registration issued to the

person under this act.

(b) Impose an administrative fine of not more than $1,000.00

for each violation. The director shall advise the attorney general

of the failure of a person to pay an administrative fine under this

section. The attorney general shall bring a civil action to recover

the administrative fine and costs and fees. The administrative fine

shall be deposited in the agriculture licensing and inspection fees

fund created in section 9 of the insect pest and plant disease act,

1931 PA 189, MCL 286.209.

(2) In addition to any other action authorized by this act,

the director may bring an action to do 1 or more of the following:

(a) Obtain a declaratory judgment that a method, act, or

practice is in violation of this act.

(b) Obtain an injunction against a person who that is

engaging, or about to engage, in a method, act, or practice that

violates this act.

(3) If a person fails to comply with a contract for the

alteration of a dog, cat, or ferret as required under section 8a, a

court with appropriate jurisdiction may order transfer of ownership

of the adopted animal only to 1 of the following:

(a) The facility from which the animal was adopted.

(b) A veterinarian, animal control shelter, or animal

protection shelter, or animal rescue willing to accept the animal

and either humanely euthanize the animal or adopt the animal to an

owner who agrees to have the animal altered.

Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.