HB-4860, As Passed Senate, September 26, 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.