Bill Text: MI HB6455 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Animals: exotic; ownership, possession, transfer, and importing of certain reptiles; regulate. Creates new act.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-12-02 - Bill Electronically Reproduced 12/02/2020 [HB6455 Detail]
Download: Michigan-2019-HB6455-Introduced.html
HOUSE BILL NO. 6455
December 01, 2020, Introduced by Rep. Ellison
and referred to the Committee on Agriculture.
the people of the state of michigan enact:
(b) "Dangerous reptile" means any of the following animals of the class Reptilia:
(i) A member of the order Crocodilia, including, but not limited to, an alligator, crocodile, gharial, or caiman.
(ii) A member of the family Atractaspidae.
(iii) A member of the species Dispholidus typus of the family Colubridae.
(iv) A member of the family Elapidae, including, but not limited to, a cobra, mamba, krait, coral snake, or Australian tiger snake.
(v) A member of the family Hydrophiidae, including, but not limited to, a sea snake.
(vi) A water monitor or crocodile monitor.
(vii) A member of the family Viperidae, including, but not limited to, a rattlesnake, cottonmouth, bushmaster, puff adder, or gaboon viper.
(c) "Department" means the department of agriculture and rural development.
(d) "Director" means the director of the department.
(e) "Municipality" means a county, township, city, or village.
Sec. 3. (1) Except as otherwise provided in this subsection or section 5, a person shall not own or possess a dangerous reptile. This subsection does not apply to any of the following:
(a) A zoo accredited by the Association of Zoos and Aquariums.
(b) An institution accredited by the Association for Assessment and Accreditation of Laboratory Animal Care.
(c) A sanctuary accredited by the Global Federation of Animal Sanctuaries or the American Sanctuary Association.
(d) A law enforcement officer in the course of his or her employment as a law enforcement officer.
(e) A veterinarian in the course of his or her occupation as a veterinarian.
(f) A permitting agency in the course of its business or mission as a permitting agency.
(g) An animal control officer of a local unit of government in the course of his or her occupation as an animal control officer.
(2) A person shall not transfer the ownership or possession of a dangerous reptile, except to a person, entity, organization, or agency described in subsection (1)(a) to (g).
(3) A person shall not breed, or cause to be bred, a dangerous reptile, except by a person, entity, or organization described in subsection (1)(a) or (b).
(4) A person, except for a zoo accredited by the Association of Zoos, shall not import a dangerous reptile into this state unless both of the following conditions are satisfied:
(a) The person obtains prior authorization from the department.
(b) The person administers, or causes to be administered, a unique and permanent identification for each reptile imported.
Sec. 5. This act does not apply to a person that possesses a dangerous reptile on the effective date of this act if all of the following apply on and after that date:
(a) The person has and maintains documentation showing that on the effective date of this act the person was in possession of the dangerous reptile.
(b) The person has registered the dangerous reptile with the animal control authority of the municipality where it is kept and has paid a registration fee to the municipality, as determined by the department. The person shall include all of the following information when registering the dangerous reptile:
(i) The name and address of a veterinarian who the person expects to provide veterinary care to the dangerous reptile.
(ii) The total number of animals of each species of dangerous reptile that the person possesses.
(iii) Proof that the person has in effect liability insurance coverage in an amount not less than $250,000.00 with a deductible of not more than $250.00 per occurrence of property damage, bodily injury, or death caused by each dangerous reptile in the person's possession.
(iv) Any other reasonable information determined to be necessary by the municipality.
(c) The person does not acquire any additional dangerous reptile, whether by purchase, donation, relinquishment, or breeding.
(d) The person has not been convicted of a crime or of a violation of a local, state, or federal law that has the mistreatment of an animal as an element.
(e) A local, state, or federal agency has not suspended or revoked any license or permit held by the person that is related to possessing, caring for, exhibiting, breeding, or selling animals.
(f) The person develops and is able to implement plans for each of the following situations:
(i) The escape of a dangerous reptile in the person's possession.
(ii) The occurrence of a natural disaster that interferes with the person's ability to care for or confine a dangerous reptile in the person's possession.
(iii) The death of an individual caused by a dangerous reptile in the person's possession.
(g) The person has and maintains a current inventory of all of the dangerous reptiles in the person's possession.
(h) The person has caused a microchip or pit-tag associated with a number that uniquely identifies the dangerous reptile to be permanently implanted into the dangerous reptile.
(i) The person keeps any venomous reptile in the person's possession in a strong escape-proof enclosure that at a minimum meets all of the following conditions:
(i) The enclosure is impact-resistant and locked at all times.
(ii) The enclosure is prominently labeled with the person's full name, address, telephone number, and list of animals contained in the enclosure by scientific and common names.
(iii) A sign that displays the word "venomous" is attached to the enclosure. The signage must include the type and location of an applicable antivenom and contact information of the individual or organization that possesses that antivenom.
Sec. 7. A person that violates this act is guilty of a misdemeanor punishable by permanent removal of the dangerous reptile from the defendant's possession and 1 or more of the following:
(a) Imprisonment for not more than 93 days.
(b) Community service for not more than 500 hours.
(c) A fine of not less than $500.00 or more than $1,000.00.
Sec. 9. A law enforcement officer or animal control officer may seize a dangerous reptile and keep the animal until disposed of in accordance with the rules promulgated by the director under section 11.
Sec. 11. The director shall promulgate rules for the implementation and enforcement of this act in accordance with the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. The rules shall include, but are not limited to, provisions for the disposition of an animal seized under this act.
