Bill Text: MI SB0339 | 2015-2016 | 98th Legislature | Engrossed
Bill Title: Animals; animal shelters; pet shop, dog pound, and animal shelter act; modify to include large-scale commercial dog breeders and to make other general revisions. Amends secs. 1, 2, 5a, 6, 7 & 9 of 1969 PA 287 (MCL 287.331 et seq.) & adds sec. 9c.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2016-12-01 - Referred To Committee On Appropriations [SB0339 Detail]
Download: Michigan-2015-SB0339-Engrossed.html
SB-0339, As Passed Senate, December 1, 2016
SUBSTITUTE FOR
SENATE BILL NO. 339
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 2 and 9 (MCL 287.332 and
287.339), the title and section 9 as amended by 1997 PA 7, and by
adding section 11; and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
An
act to regulate pet shops, animal control shelters, and
animal protection shelters, and dog breeding operations; to
establish uniform procedures and minimum requirements for adoption
of dogs, cats, and ferrets; to create an animal welfare commission;
to prescribe its powers and duties; to prescribe the powers and
duties
of certain governmental officers and entities; and to
prescribe penalties and civil fines and to provide remedies; and to
repeal acts and parts of acts.
Sec.
2. (1) The agriculture department shall issue Subject to
subsection (2), 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 ensure the
humane
care
and handling of animals. 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.
(2) Within 18 months after the effective date of the 2016
amendatory act that added this subsection, the department shall
promulgate rules to establish for dog breeding operations minimum
standards that are consistent with accepted animal welfare
standards. The rules shall not conflict with the commission's
recommendations under section 11(12). The rules may prohibit
activities by dog breeding operations, including, but not limited
to, activities described in section 5a. The rules may require
licensing and inspection of dog breeding operations. If licensing
is required, the rules shall provide for licensing fees that do not
exceed the reasonable costs of administering the department's dog
breeding operation program.
(3) Rules described in this section shall be promulgated
pursuant to the administrative procedures act of 1969, 1969 PA 306,
MCL 24.201 to 24.328.
Senate Bill No. 339 as amended December 1, 2016
(4) Until the department promulgates rules under subsection
(2), dog breeding operations shall comply with 9 CFR 3.1 to 3.19.
Sec. 9. (1) The licensing and registration requirements of
this
act do not apply to a person any
of the following:
(a) An individual who breeds his or her own animals.
(b) Except as otherwise provided in rules promulgated under
section 2(2) or, before the effective date of those rules, in
regulations cited in section 2(4), to a person subject to 1969 PA
224, MCL 287.381 to 287.395.
(2) Subsection (1) does not create an exemption from
vaccination and licensing requirements under the dog law of 1919,
1919 PA 339, MCL 287.261 to 287.290, or from vaccination and
handling requirements under 1994 PA 358, MCL 287.891 to 287.901.
(3) This act does not require the alteration of a dog, cat, or
ferret being reclaimed from an animal control shelter or animal
protection
shelter by its owner unless a local governmental
ordinance requires the alteration.
Sec. 11. (1) The animal welfare commission is created within
the department. The commission shall exercise its powers and duties
independently of the department, except that budgeting,
procurement, and related management functions shall be performed
under the direction and supervision of the director.
(2) The commission shall consist of the following members<<,
who shall be residents of this state,>>
appointed by the director with the advice and consent of the
senate:
(a) <<THREE>> individuals who are employees or board members of an
animal protection shelter that is exempt from taxation under
Senate Bill No. 339 as amended December 1, 2016
section 501(c)(3) of the internal revenue code of 1986, 26 USC 501,
is registered under section 6, and annually cares for more than
2,000 dogs.
(b) An individual member of an animal rescue organization that
is exempt from taxation under section 501(c)(3) of the internal
revenue code of 1986, 26 USC 501.
(c) A licensed veterinarian who is accredited by the United
States Department of Agriculture and has experience in animal
population health.
(d) Two individuals who are involved in animal control for
different local units of government and who are members of an
association of animal control officers.
(e) An individual from academia who specializes in animal
welfare.
<<(f) An individual who is a breeder specializing in breeds of dogs
specific to hunting.
(G) An individual representing a statewide hunting organization.
(H)>> A member of the general public.
<<(I) TWO>> dog breeders who are members of a national
organization of dog breeders and owners.
<<(J)>> The director, who shall serve without vote.
(3) The members first appointed to the commission shall be
appointed within 90 days after the effective date of the 2016
amendatory act that added this section.
(4) If a vacancy occurs on the commission, the director shall
make an appointment to fill the vacancy for the balance of the life
of the commission in the same manner as the original appointment.
(5) The director may remove a member of the commission for
incompetence, dereliction of duty, malfeasance, misfeasance, or
nonfeasance in office, or any other good cause.
(6) The first meeting of the commission shall be called by the
director. At the first meeting, the commission shall elect from
among its members a chairperson and vice-chairperson and other
officers as it considers appropriate. After the first meeting, the
commission shall meet at least quarterly. A special meeting shall
be held at the call of the chairperson or if requested by 5 or more
members. Notice of a special meeting shall be given to members at
least 3 business days in advance.
(7) A majority of the members of the commission constitute a
quorum for the transaction of business at a meeting of the
commission. Approval of a majority of the members appointed and
serving is required for official action of the commission. A
commission member shall not vote by proxy.
(8) The business that the commission may perform shall be
conducted at a public meeting of the commission held in compliance
with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275. A
writing prepared, owned, used, in the possession of, or retained by
the commission in the performance of an official function is
subject to the freedom of information act, 1976 PA 442, MCL 15.231
to 15.246.
(9) Within 45 days after appointment and confirmation of all
members, the commission shall adopt bylaws for the operation of the
commission. The bylaws shall include voting procedures and minimum
requirements for attendance at meetings.
(10) The legislature shall set the per diem compensation for
members of the commission. Expenses of members incurred in the
performance of official duties shall be reimbursed as provided by
Senate Bill No. 339 as amended December 1, 2016
law for state employees.
(11) The department shall do all of the following:
(a) Furnish administrative services to the commission.
(b) Provide secretarial and other staff necessary for the
proper exercise of the powers and duties of the commission.
(c) Provide adequate office space to the commission.
(d) Give notice of the times and places of commission
meetings.
(e) Keep minutes of commission meetings.
(12) By 9 months after the effective date of the 2016
amendatory act that added this section, the commission shall submit
to the department recommendations for rules defining and regulating
dog breeders <<and shall submit a copy of the recommendations to the
chairs of the senate and house standing committees on agriculture>>.
(13) The commission is dissolved 30 days after the effective
date of the rules promulgated under section 2(2).
(14) This section is repealed 2 years after the effective date
of the amendatory act that added this section.
Enacting section 1. This amendatory act does not take effect
unless House Bill No. 4898 of the 98th Legislature is enacted into
law.