ANIMAL STERILIZATION H.B. 5926 (H-1): FLOOR ANALYSIS
House Bill 5926 (Substitute H-1 as reported without amendment) Sponsor: Representative Gerald Law
House Committee: Health Policy
Senate Committee: Agriculture and Forestry
The bill would amend Public Act 287 of 1969, which regulates pet shops, dog pounds, and animal shelters, to prohibit an animal control shelter or animal protection shelter from permitting the adoption of an unaltered dog, cat, or ferret by a person, unless that person had entered into a contract for the alteration (sterilization) of the dog, cat, or ferret, and left a good faith, refundable deposit of at least $25 with the shelter. Someone who breached a contract would be subject to damages of at least $150, and a court could transfer ownership of the animal to the facility from which it was adopted or to a veterinarian, animal control shelter, or animal protection shelter.
A shelter that violated the bill would be subject to revocation of its license, and the Michigan Department of Agriculture could issue an appearance ticket to a pet shop or shelter for a misdemeanor violation of the Act. The bill would require shelters to maintain specific records regarding pets that were received, adopted, altered, and euthanized, and give a copy of the statistics to the Department.
In addition, the bill would make an exemption to the Act’s licensing and regulation requirements for an individual who bred his or her own male or female animals or first generation offspring from them if the person sold or otherwise transferred his or her own animals and did not act as an animal control shelter or animal protection shelter. (Currently, the Act does not apply to a person who breeds his or her own animals.)
The bill also would make an exception to the Act for an individual who legally obtained an animal with the express intention of reselling the animal or finding the animal another home as long as the person did not have more than two such animals at any one time and did not engage in more than six transactions in a 12-month period.
The bill would take effect on January 1, 1997.
MCL 287.331 et al. Legislative Analyst: L. Arasim
The bill would have no fiscal impact on State or local government.
Date Completed: 12-5-96 Fiscal Analyst: A. Rich
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This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.