September 29, 2015, Introduced by Reps. McCready, Kosowski, Vaupel, Rendon, Kesto, Tedder, Love and Goike 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 sections 1, 2, 6, and 9a (MCL 287.331, 287.332,
287.336, and 287.339a), sections 1 and 6 as amended and section 9a
as added by 1997 PA 7, and by adding sections 8b, 8c, and 9c.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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 livestock as that term is
defined
in section 1 of 1937 PA 284, MCL 287.121, to
287.131, and
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)
"Cat" means a domestic cat of any age of the species felis
Felis catus.
(h) "Department" means the state department of agriculture and
rural development.
(i) "Director" means the director of the department or his or
her authorized representative.
(j)
"Dog" means a domestic dog of any age of the species canis
Canis familiaris.
(k)
"Ferret" means an animal of any age of the species mustela
Mustela furo.
(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.
(m) "Holding period" means the minimum period of time, in
days, after an animal's intake into an animal control shelter's or
animal protection shelter's inventory for which the animal must be
held prior to being made available for adoption, euthanasia,
transfer, sale, or other disposition. For purposes of this
subdivision, a day is a time period of 24 hours during which an
animal control shelter or animal protection shelter is open for
business or available by appointment and accessible to the owner of
an animal for any portion of that 24-hour period for the purpose of
reclaiming his or her animal from the animal control shelter or
animal protection shelter. If an animal is held at an animal
control shelter, the holding period begins at the time the animal
is admitted to the animal control shelter. All of the following
apply to the holding period for an animal held at an animal
protection shelter:
(i) If the animal is a dog, and if the animal protection
shelter has a contractual relationship with a governmental agency
as described in section 8b, the holding period begins at the time
the animal is admitted to the animal protection shelter.
(ii) If the animal is a cat, the holding period begins at the
time the animal is admitted to the animal protection shelter.
(iii) If the animal is a dog, and if the animal protection
shelter does not have a contractual relationship with a
governmental agency as described in section 8b, the holding period
begins at the time the animal protection shelter notifies the law
enforcement agency that has jurisdiction over animal control within
the municipality in which the dog was recovered that the animal
protection shelter is holding the dog.
(n) (m)
"Municipality" "Local
unit of government" means a
county, city, village, or township.
(o) (n)
"Person" means an
individual, partnership,
corporation, association, governmental entity, or other legal
entity.
(p) (o)
"Pet shop" means a place
where animals are sold or
offered for sale, exchange, or transfer.
(q) "Sterilization release program" means a program under
which a domestic cat that does not have current, traceable evidence
of ownership is altered and returned to its community of origin.
(r) (p)
"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.
Sec.
2. The agriculture department shall issue 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 If the
department promulgates rules under this section, the rules shall be
promulgated
in accordance with the provisions of Act No. 88 of the
Public
Acts of 1943, as amended, being sections 24.71 to 24.80 of
the
Compiled Laws of 1948, and subject to Act No. 197 of the Public
Acts
of 1952, as amended, being sections 24.101 to 24.110 of the
Compiled
Laws of 1948.the
administrative procedures act of 1969,
1969 PA 306, MCL 24.201 to 24.328.
Sec.
6. (1) A municipality local unit of government 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.
Sec. 8b. A government agency that has jurisdiction over animal
control within a local unit of government and an animal protection
shelter may enter into a contract under which the animal protection
shelter agrees to provide housing and care for animals under the
jurisdiction of that government agency.
Sec. 8c. (1) An animal control shelter or an animal protection
shelter shall observe a 7-day minimum holding period for an animal
with current, traceable evidence of ownership. The animal control
shelter or an animal protection shelter shall use all reasonable
methods to identify the owner of the animal, including universal
microchip scanning equipment and any other methods prescribed by
the director. The animal control shelter or animal protection
shelter shall notify the owner of an animal using the means
provided for in the identification and shall not dispose of the
animal for at least 7 days after the date and time of the
documented notification.
(2) An animal control shelter or an animal protection shelter
shall observe a 4-day minimum holding period for a dog that does
not have current, traceable evidence of ownership.
(3) An animal control shelter or an animal protection shelter
shall observe a 4-day minimum holding period for a cat that does
not have current, traceable evidence of ownership and is not a
candidate for adoption or a sterilization release program.
(4) An animal control shelter or an animal protection shelter
may observe a zero-day holding period for a cat that does not have
current, traceable evidence of ownership if that cat is a candidate
for adoption or a sterilization release program.
(5) Once the applicable holding period as provided in
subsections (1) to (4) has been fulfilled, ownership of the animal
transfers to the animal control shelter or animal protection
shelter in possession of the animal during the holding period.
(6) A local unit of government shall not adopt an ordinance,
policy, or requirement that provides for longer holding periods
than the holding periods provided for in this section.
(7) This section does not apply to any of the following:
(a) An animal that would be subjected to undue suffering if
the required holding period was observed.
(b) An animal whose owner requests immediate disposition of
the animal.
(c) An animal that was relinquished to the animal control
shelter or animal protection shelter by its owner.
Sec. 9a. (1) An animal control shelter, an animal protection
shelter, or a pet shop shall maintain current verifiable records
for a period of at least 2 years. The records shall include all of
the following information:
(a) How the animal was acquired, the location where the animal
was found or obtained, and the date and time of acquisition.
(b) If the animal was acquired from a person, the verified
name and address of the person from whom the animal was acquired
and the person's relationship to the animal.
(c) If the animal was acquired by animal control or law
enforcement personnel, the name of the officer, the verified name
and address of the person from whom the animal was obtained or the
location where the animal was obtained, and, if applicable, the
person's relationship to the animal.
(d) The method or methods used to identify the owner of the
animal.
(e) A description and identification of the animal, including
the animal's identification information, species, color, breed,
sex, alteration status, and approximate weight and age.
(f) The date, time, nature, and method of disposition of the
animal.
(g) If the animal is adopted, transferred, or sold, the
verified name and address of the person to whom the animal is
adopted, transferred, or sold.
(2) An animal control shelter or an animal protection shelter
shall
maintain written records on the annually
report the following
statistics to the department on a form prescribed by the director
no later than March 31 of the year following the year for which the
statistics were compiled:
(a)
The total number of dogs , and cats ,
and ferrets under 6
months
of age. , the
(b)
The total number of dogs , and cats ,
and ferrets 6 months
of
age and older. , and all
(c) The total number of all other animals other than wildlife
that are received, returned to owners, adopted to new owners, sold,
or
transferred with or without remuneration to any person. ,
the
(d)
The total number of adopted dogs , and cats ,
and ferrets
that
were altered , and
the total number of adopted dogs , and cats
,
and ferrets that were not altered. ,
and the
(e)
The total number of dogs , and 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.
Sec. 9c. A local unit of government shall not adopt an
ordinance, rule, or policy that prohibits a sterilization release
program, regardless of whether the sterilization release program
includes the live trapping of cats.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.