September 25, 2007, Introduced by Rep. Young and referred to the Committee on Regulatory Reform.
A bill to amend 1969 PA 224, entitled
"An act to license and regulate dealers in and research facilities
using dogs and cats for research purposes; and to repeal certain
acts and parts of acts,"
by amending sections 1, 8, and 9 (MCL 287.381, 287.388, and
287.389).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
1. When As used in this act:
(a) "Person" includes any individual, partnership,
association, or corporation.
(b) "Director" means the director of the department of
agriculture.
(c)
"Cat" means any live domestic cat (felis catus) of the
species felis catus for use or intended to be used for research,
tests, or
experiments at a research facilities facility.
(d) "Dog" means any live dog of the species canis familiaris
for use or intended to be used for research, tests, or experiments
at
a research facilities facility.
(e) "Research facility" means any school, hospital,
laboratory, institution, organization, or person that uses or
intends to use dogs or cats in research, tests, or experiments, and
that
(1) purchases does 1 or
more of the following:
(i) Purchases or transports
such animals. , or (2) receives
(ii) Receives any funds from the
this state or a
local
government
or any agency or instrumentality thereof of this state
or a local government to finance its operations by means of grants,
loans, or otherwise.
(f)
"Dealer" means any a
person who for compensation or profit
delivers for transportation, transports, boards, buys, or sells
dogs or cats for research purposes and does not mean a person who
breeds or raises dogs or cats for sale to a research facility.
(g) "Animal control shelter" and "animal protection shelter"
mean those terms as defined in section 1 of 1969 PA 287, MCL
287.331, and are facilities registered with the state department of
agriculture pursuant to section 6 of 1969 PA 287, MCL 287.336.
(h) "Random source animal" means a dog or cat obtained from an
auction sale or from any person who did not breed and raise the dog
or cat on the person's premises.
Sec.
8. A dealer, a county, city, village, or township
operating
a dog pound or animal shelter shall not sell or otherwise
dispose
of a dog or cat within 4 days after its acquisition. If the
dog
or cat has a collar, license, or other evidence of ownership,
the
operator of the pound or shelter shall notify the owner in
writing
and disposition of the animal shall not be made within 7
days
from the date of mailing the notice. Each operator of a pound
or
shelter shall be required to maintain a record on each
identifiable
dog or cat acquired, indicating a basic description of
the
animal, the date it was acquired and under what circumstances.
The
record shall also indicate the date of notice sent to the owner
of
an animal and subsequent disposition.
This
section does not apply to animals which are sick or
injured
to the extent that the holding period would cause undue
suffering,
or to animals whose owners request immediate disposal.
(1) A person shall not do any of the following:
(a) Purchase or otherwise acquire a random source animal for
the purpose of resale for experimentation.
(b) Sell or otherwise make available a random source animal
for the purpose of experimentation.
(2) Subsection (1) applies regardless of whether the person is
licensed by the United States department of agriculture to purchase
and resell random source animals.
Sec.
9. (1) Dogs and cats shall not be offered for sale or
sold
to a research facility at public auction or by weight; or
purchased
by a research facility A
person shall not sell or offer
to sell a dog or cat to a research facility at public auction or by
weight. A research facility shall not purchase a dog or cat at
public auction or by weight.
(2) A research facility shall not purchase any dogs
or cats a
dog
or cat except from a licensed dealer ,
public dog pound, humane
society,
or from a person who breeds or
raises dogs or cats for
sale.
Any county, city, village or township operating a dog pound
or
animal shelter may sell for an amount not to exceed $10.00 per
animal
or otherwise dispose of unclaimed or unwanted dogs and cats
to
a Michigan research facility.
(3) A research facility or dealer shall not obtain a dog or
cat from an animal control shelter or animal protection shelter.