SB-1236, As Passed House, December 13, 2012

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 1236

     A bill to amend 2000 PA 274, entitled

"Large carnivore act,"

by amending sections 2 and 22 (MCL 287.1102 and 287.1122).

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 2. As used in this act:

     (a) "Animal control officer" means a county animal control

officer as described in sections 29a and 29b of the dog law of

1919, 1919 PA 339, MCL 287.289a and 287.289b, or a city, village,

or township animal control officer as described in section 29c of

the dog law of 1919, 1919 PA 339, MCL 287.289c.

     (b) "Animal control shelter" or "animal protection shelter"

means an animal control shelter or animal protection shelter,

respectively, registered with the department under section 6 of

1969 PA 287, MCL 287.336.

     (c) "Circus" means an incorporated, class C licensee that is

licensed under chapter I of title 9 of the code of federal

regulations, that is temporarily in this state, and that offers

skilled performances by live animals, clowns, and acrobats for

public entertainment. Circus does not include a person, whether or

not a class C licensee, who presents a large carnivore to the

public as part of a carnival or for any of the following purposes:

     (i) Exhibition.

     (ii) Education.

     (iii) Entertainment that includes wrestling, a photography

opportunity with a patron, or an activity in which the large

carnivore and a patron are in close contact with each other.

     (d) "Department" means the department of agriculture and rural

development.

     (e) "Facility" means an indoor or outdoor cage, pen, or

similar enclosure where a large carnivore is kept.

     (f) "Large carnivore" means either of the following:

     (i) Any of the following cats of the Felidae family, whether

wild or captive bred, including a hybrid cross with such a cat:

     (A) A lion.

     (B) A leopard, including, but not limited to, a snow leopard

or clouded leopard.

     (C) A jaguar.

     (D) A tiger.

     (E) A cougar.

     (F) A panther.

     (G) A cheetah.

     (ii) A bear of a species that is native or nonnative to this

state, whether wild or captive bred.

     (g) "Law enforcement officer" means:

     (i) A sheriff or sheriff's deputy.

     (ii) A village or township marshal.

     (iii) An officer of the police department of a city, village, or

township.

     (iv) An officer of the Michigan state police.

     (v) A peace officer who is trained and certified under the

commission on law enforcement standards act, 1965 PA 203, MCL

28.601 to 28.616.

     (vi) A conservation officer appointed by the department of

natural resources.

     (vii) An animal control officer.

     (viii) A law enforcement officer of the federal government

authorized to enforce any federal law regulating animals.

     (h) "Livestock" means that term as defined in section 5 of the

animal industry act, of 1987, 1988 PA 466, MCL 287.705.

     (i) "Local unit" means a city, village, township, or county.

     (j) "Permit" means a permit issued under section 4.

     (k) "Permitting agency" means the agency of a local unit that

issues permits under section 4.

     (l) "Person" means an individual, partnership, corporation,

association, governmental entity, or other legal entity.

     (m) "Pet shop" means a pet shop licensed by the department

under section 3 of 1969 PA 287, MCL 287.333.

     (n) "Veterinarian" means a person licensed to practice

veterinary medicine under article 15 of the public health code,

1978 PA 368, MCL 333.16101 to 333.18838.

     Sec. 22. (1) Sections 4, 5, and 6 do not apply to any of the

following:

     (a) An animal control shelter or animal protection shelter

temporarily in possession of a large carnivore for not more than 45

days.

     (b) A person licensed or approved by the department of natural

resources of this state or by the United States fish and wildlife

service of the United States department of the interior. This

subdivision does not apply to a person in possession of 1 or more

black bears under the authority of a permit to hold wildlife in

captivity issued by the department of natural resources.

     (c) A zoological park approved or accredited by the American

zoo and aquarium association.

     (d) A person approved by the association of sanctuaries or the

American sanctuary association.

(c) (e) A law enforcement officer acting under the authority

of this act.

(d) (f) A veterinarian temporarily in possession of a large

carnivore to provide veterinary care for or humanely euthanize the

large carnivore.

     (2) Sections 4, 5, 6(1)(d) to (5)(d), 8, and 14(3) do not

apply to a person who is not a resident of this state and who is in

this state only for the purpose of travel between locations outside

of this state.

Senate Bill No. 1236 (H-2) as amended December 12, 2012

     (3) Subject to subsection (2), this act does Sections 3, 4,

and 6 do not apply to a person who meets all of the following

requirements:

     (a) Is conducting a for-profit or nonprofit business, if the

primary purpose of that meets both of the following requirements:

     (i) The primary purpose of the business is the presentation of

animals including large carnivores to the public for education, or

exhibition, or conservation purposes.

     (ii) The business is not conducted in connection with another

business as a means of attracting customers to that other business.

     (b) Is a class A licensee or class C licensee that possesses

and maintains a class A license or class C license under 9 C.F.R.

CFR 1.1 [registers annually with the department at no cost] .and is

approved or accredited by 1 of the following:

     (i) A zoological park approved or accredited by the American

zoo and aquarium association or by the zoological association of

America.

     (ii) A person approved by the American sanctuary association.

     (c) Meets or exceeds all standards, including but not limited

to standards for training, housing, care, and transport of large

carnivores, required of a class A licensee or class C licensee

under 9 C.F.R. CFR 1.1.

     (d) Does not allow a patron to do any of the following:

     (i) Come into direct contact with a large carnivore other than

a bear less than 36 weeks of age [AND ] weighing 90 pounds or

less.

     (ii) Come into close enough contact with a large carnivore over

20 weeks of age, other than a bear less than 36 weeks of age [AND

Senate Bill No. 1236 (H-2) as amended December 12, 2012

    ] weighing 90 pounds or less, so as to place the patron in

jeopardy of being harmed by the large carnivore.

     (e) Does not sell large carnivores, except to another person

that meets the requirements of this subsection.

     (f) Does not breed Only breeds large carnivores if approved or

accredited by the American zoo and aquarium association or by the

zoological association of America.

     (4) This act does not apply to a circus.