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.