September 22, 2010, Introduced by Senator SWITALSKI and referred to the Committee on Agriculture and Bioeconomy.
A bill to regulate commercial dog and cat breeders; to provide
for licensing of commercial dog and cat breeders; to prescribe
civil sanctions and provide penalties; and to provide for the
disposition of civil fines.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the
"commercial dog and cat breeder act".
Sec. 3. As used in this act:
(a) "Commercial breeder" means a person who possesses or
maintains 25 or more unaltered dogs or cats, or any combination
thereof, that are over the age of 4 months in whole or in part for
the purpose of the sale of their offspring as companion animals.
(b) "Department" means the department of agriculture.
(c) "Director" means the director of the department of
agriculture or his or her designee.
Sec. 5. The department shall promulgate rules pursuant to the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328, to accomplish the purposes of this act and to establish
minimum standards for housing, care, and handling of dogs and cats
to insure the humane care and handling of dogs and cats by
commercial breeders.
Sec. 7. (1) A commercial breeder shall obtain a license from
the department under the provisions of this act.
(2) An application for a commercial breeder license shall be
on a form as provided or made available by the director. Beginning
on the effective date of this act through September 30, 2012, the
director shall issue commercial breeder licenses for a term of 1
year beginning January 1 of each year. After September 30, 2012,
the director shall issue a commercial breeder license upon
application and payment of a license fee of $150.00.
(3) Subject to subsection (7) and until September 30, 2012,
the department shall charge a fee of $200.00 for an initial
application for a commercial breeder license and a fee of $100.00
for renewal of a commercial breeder license.
(4) Until September 30, 2012 and except as otherwise provided
for in this section, a commercial breeder license is renewable by
submission of a completed renewal application provided or made
available by the department and payment of the renewal fee
described in subsection (3).
(5) The department shall deposit all license fees, inspection
fees, other noncriminal fines or fees, and administrative fines
received pursuant to this act into the agriculture licensing and
inspection fees fund created in section 9 of the insect pest and
plant disease act, 1931 PA 189, MCL 286.209, to be used, pursuant
to appropriation, by the director in administering and carrying out
those duties required by law under this act.
(6) The department shall issue an initial or renewal
commercial breeder license not later than 90 days after the
applicant files a completed application. Receipt of the application
is considered the date the application is received by any agency or
department of this state. If the application is considered
incomplete by the department, the department shall notify the
applicant in writing, or make the information electronically
available, within 30 days after receipt of the incomplete
application, describing the deficiency and requesting the
additional information. The 90-day period is tolled upon
notification by the department of a deficiency until the date the
requested information is received by the department. The
determination of the completeness of an application does not
operate as an approval of the application for the license and does
not confer eligibility of an applicant determined otherwise
ineligible for issuance of a license.
(7) If the department fails to issue or deny a license within
the time required by this section, the department shall return the
license fee and shall reduce the license fee for the applicant's
next renewal application, if any, by 15%. The failure to issue a
license within the time required under this subsection does not
allow the department to otherwise delay the processing of the
application, and that application, upon completion, shall be placed
in sequence with other completed applications received at that same
time. The department shall not discriminate against an applicant in
the processing of the application based upon the fact that the
license fee was refunded or discounted under this subsection.
(8) The director shall submit a report by December 1 of each
year to the standing committees and appropriations subcommittees of
the senate and house of representatives concerned with agriculture
issues. The director shall include all of the following information
in the report concerning the preceding fiscal year:
(a) The number of initial and renewal applications the
department received and completed within the 90-day time period
described in subsection (6).
(b) The number of applications denied.
(c) The number of applicants not issued a license within the
90-day time period and the amount of money returned to licensees
and registrants under subsection (7).
(9) As used in this section, "completed application" means an
application complete on its face and submitted with any applicable
licensing fees as well as any other information, records, approval,
security, or similar item required by law or rule from a local unit
of government, a federal agency, or a private entity but not from
another department or agency of this state. In the case of an
initial application, completed application includes the completion
of construction or renovation of any facility and the passing of a
satisfactory inspection.
Sec. 9. The director shall not issue a license to a commercial
breeder until the director has inspected the premises to assure
that it complies with the provisions of this act and the rules of
the department.
Sec. 11. (1) A commercial breeder shall not sell or deliver a
dog or cat without providing to the purchaser a health certificate
signed by a veterinarian licensed by this state for the dog or cat.
The health certificate shall include a health record indicating the
date and type of vaccinations that have been given to the dog or
cat.
(2) A commercial breeder shall not sell or deliver a dog
unless the dog has received all of the following vaccinations at
age-appropriate times:
(a) Canine parvovirus (CPV-2).
(b) Canine distemper virus (CDV).
(c) Canine adenovirus-2 (CAV-2).
(d) Rabies.
(3) A commercial breeder shall not sell or deliver a cat
unless the cat has received all of the following vaccinations at
age-appropriate times:
(a) Panleukopenia virus (PFV)/feline herpesvirus-1 and feline
calicivirus (FHV-1/FCV).
(b) Rabies.
Sec. 13. (1) If a commercial breeder violates this act or a
rule promulgated under this act, the director, after notice and an
opportunity for an evidentiary hearing under the administrative
procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, may do
either or both of the following:
(a) Suspend or revoke a license issued to the commercial
breeder under this act.
(b) Impose an administrative fine of not more than $1,000.00
for each violation. The director shall advise the attorney general
of the failure of a commercial breeder to pay an administrative
fine under this section. The attorney general shall bring a civil
action to recover the administrative fine and costs and fees. The
administrative fine shall be deposited in the agriculture licensing
and inspection fees fund created in section 9 of the insect pest
and plant disease act, 1931 PA 189, MCL 286.209.
(2) In addition to any other action authorized by this act,
the director may bring an action to do 1 or more of the following:
(a) Obtain a declaratory judgment that a method, act, or
practice is in violation of this act.
(b) Obtain an injunction against a commercial breeder who is
engaging, or about to engage, in a method, act, or practice that
violates this act.
Sec. 15. A commercial breeder who violates the provisions of
this act or any rule of the department promulgated under the
provisions of this act is guilty of a misdemeanor.