Bill Text: MI HB5501 | 2015-2016 | 98th Legislature | Chaptered


Bill Title: Law enforcement; peace officers; reference to peace officer certification under the Michigan commission on law enforcement standards act in the large carnivore act; modify. Amends sec. 2 of 2000 PA 274 (MCL 287.1102).

Spectrum: Partisan Bill (Republican 3-0)

Status: (Passed) 2016-10-19 - Assigned Pa 305'16 With Immediate Effect [HB5501 Detail]

Download: Michigan-2015-HB5501-Chaptered.html

Act No. 305

Public Acts of 2016

Approved by the Governor

October 3, 2016

Filed with the Secretary of State

October 4, 2016

EFFECTIVE DATE: January 2, 2017

STATE OF MICHIGAN

98TH LEGISLATURE

REGULAR SESSION OF 2016

Introduced by Reps. Crawford, Kesto and Tedder

ENROLLED HOUSE BILL No. 5501

AN ACT to amend 2000 PA 274, entitled “An act to regulate the ownership, possession, and care of certain large carnivores; to prohibit the ownership and possession of certain large carnivores; to impose fees; to prescribe the powers and duties of certain governmental entities and officials and of certain veterinarians; and to prescribe penalties and provide remedies,” by amending section 2 (MCL 287.1102), as amended by 2013 PA 8.

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 of the animal industry act, 1988 PA 466, MCL 287.705.

(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. 92 of the 98th Legislature is enacted into law.

This act is ordered to take immediate effect.

Clerk of the House of Representatives

Secretary of the Senate

Approved

Governor