HB-4860, As Passed House, September 5, 2007

SUBSTITUTE FOR

HOUSE BILL NO. 4860

     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 sections 4 and 9b (MCL 287.334 and 287.339b), section 4

as amended by 2004 PA 280 and section 9b as added by 1997 PA 7.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 4. (1) Applications for pet shop licenses shall be on a

form as provided or made available by the director. Beginning

October 1, 2003 through September 30, 2007 2012, the director shall

issue pet shop licenses for a term of 1 year beginning January 1 of

each year. Until October 1, 2003 or after September 30, 2007, After

September 30, 2012, the director shall issue a pet shop license

upon application and payment of a license fee of $150.00.

     (2) Beginning October 1, 2003 through September 30, 2007,

Subject to subsection (6) and until September 30, 2012, the

department shall charge a fee of $200.00 for an initial application

for a pet shop license and a fee of $100.00 for renewal of a pet

shop license.

     (3) The following apply only to licenses issued beginning

October 1, 2003 through September 30, 2007:

     (a) A license issued before July 23, 2003 expires on December

31, 2003, except that a license issued in the 2003 calendar year

expires on December 31, 2004.

     (b) Beginning January 1, 2004 Until September 30, 2012 and

except as otherwise provided for in this section, a pet shop

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 (2).

     (4) 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.

(5) (4) Beginning the effective date of the amendatory act

that added this subsection July 23, 2004, the department shall

issue an initial or renewal pet shop 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 the state of Michigan. 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.

(6) (5) 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.

(7) (6) Beginning October 1, 2005, the director of the

department 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 (4) (5).

     (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 (5) (6).

(8) (7) 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 the

state of Michigan. 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. 9b. (1) If a person 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 or registration issued to the

person 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 person 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 general fund of the state treasury

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 person who is engaging, or

about to engage, in a method, act, or practice that violates this

act.

     (3) If a person fails to comply with a contract for the

alteration of a dog, cat, or ferret as required under section 8a, a

court with appropriate jurisdiction may order transfer of ownership

of the adopted animal only to 1 of the following:

     (a) The facility from which the animal was adopted.

     (b) A veterinarian, animal control shelter, or animal

protection shelter willing to accept the animal and either humanely

euthanize the animal or adopt the animal to an owner who agrees to

have the animal altered.

     Enacting section 1. This amendatory act does not take effect

unless House Bill No. 4862 of the 94th Legislature is enacted into

law.