HB-6214, As Passed House, December 5, 2018

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 6214

 

 

June 12, 2018, Introduced by Reps. Frederick, Lauwers, Victory, Vaupel, Alexander, Howell, Wentworth, Calley and Barrett and referred to the Committee on Agriculture.

 

     A bill to amend 2000 PA 274, entitled

 

"Large carnivore act,"

 

by amending section 2 (MCL 287.1102), as amended by 2016 PA 305.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2. As used in this act:

 

     (a) "Animal control officer" means a county animal control

 

officer as described in sections 29a and 29b of the dog law of

 

1919, 1919 PA 339, MCL 287.289a and 287.289b, or a city, village,

 

or township animal control officer as described in section 29c of

 

the dog law of 1919, 1919 PA 339, MCL 287.289c.

 

     (b) "Animal control shelter" or "animal protection shelter"

 

means an animal control shelter or animal protection shelter,

 

respectively, registered with the department under section 6 of

 

1969 PA 287, MCL 287.336.

 

     (c) "Circus" means an incorporated, class C licensee that is


licensed under 9 CFR chapter I that is temporarily in this state,

 

and that offers skilled performances by live animals, clowns, and

 

acrobats for public entertainment. Circus does not include a

 

person, whether or not a class C licensee, who presents a large

 

carnivore to the public as part of a carnival or for any of the

 

following purposes:

 

     (i) Exhibition.

 

     (ii) Education.

 

     (iii) Entertainment that includes wrestling, a photography

 

opportunity with a patron, or an activity in which the large

 

carnivore and a patron are in close contact with each other.

 

     (d) "Department" means the department of agriculture and rural

 

development.

 

     (e) "Facility" means an indoor or outdoor cage, pen, or

 

similar enclosure where a large carnivore is kept.

 

     (f) "Large carnivore" means either of the following:

 

     (i) Any of the following cats of the Felidae family, whether

 

wild or captive bred, including a hybrid cross with such a cat:

 

     (A) A lion.

 

     (B) A leopard, including, but not limited to, a snow leopard

 

or clouded leopard.

 

     (C) A jaguar.

 

     (D) A tiger.

 

     (E) A cougar.

 

     (F) A panther.

 

     (G) A cheetah.

 

     (ii) A bear of a species that is native or nonnative to this


state, whether wild or captive bred.

 

     (g) "Law enforcement officer" means:

 

     (i) A sheriff or sheriff's deputy.

 

     (ii) A village or township marshal.

 

     (iii) An officer of the police department of a city, village,

 

or township.

 

     (iv) An officer of the Michigan state police.

 

     (v) A peace officer who is trained and licensed or certified

 

under the Michigan commission on law enforcement standards act,

 

1965 PA 203, MCL 28.601 to 28.615.

 

     (vi) A conservation officer appointed by the department of

 

natural resources.

 

     (vii) An animal control officer.

 

     (viii) A law enforcement officer of the federal government

 

authorized to enforce any federal law regulating animals.

 

     (h) "Livestock" means that term as defined in section 5 3 of

 

the animal industry act, 1988 PA 466, MCL 287.705.287.703.

 

     (i) "Local unit" means a city, village, township, or county.

 

     (j) "Permit" means a permit issued under section 4.

 

     (k) "Permitting agency" means the agency of a local unit that

 

issues permits under section 4.

 

     (l) "Person" means an individual, partnership, corporation,

 

association, governmental entity, or other legal entity.

 

     (m) "Pet shop" means a pet shop licensed by the department

 

under section 3 of 1969 PA 287, MCL 287.333.

 

     (n) "Veterinarian" means a person licensed to practice

 

veterinary medicine under article 15 of the public health code,


1978 PA 368, MCL 333.16101 to 333.18838.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

 

     Enacting section 2. This amendatory act does not take effect

 

unless Senate Bill No.____ or House Bill No. 6205 (request no.

 

04193'17) of the 99th Legislature is enacted into law.