May 29, 2007, Introduced by Rep. Condino and referred to the Committee on Appropriations.
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 the title and sections 4 and 9b (MCL 287.334 and
287.339b), the title as amended and section 9b as added by 1997 PA
7 and section 4 as amended by 2004 PA 280.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
An act to regulate pet shops, animal control shelters, and
animal protection shelters; to prescribe certain powers and duties
for certain state departments; to establish uniform procedures and
minimum requirements for adoption of dogs, cats, and ferrets; to
create certain restricted funds for certain department activities
and to allow allocation of those funds throughout certain
departments; and to prescribe penalties and civil fines and to
provide remedies.
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, the 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, 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, the
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 and except as otherwise provided
for
in this section, a 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 agriculture licensing and inspection fees fund is
created within the state treasury. The state treasurer may receive
license and inspection fees and administrative fines received
pursuant to this or other acts, as provided for by law, that are
administered by the department. The fund may receive money or other
assets from any source for deposit into the fund. The state
treasurer shall direct the investment of the fund and shall credit
to the fund interest earnings from fund investments. Money in the
fund at the close of the fiscal year shall remain in the fund and
shall not lapse to the general fund. The department shall expend
money from the fund, upon appropriation, for the purpose of
administering and carrying out those duties required by law under
this act and 1937 PA 284, MCL 287.121 to 287.131; 1974 PA 93, MCL
287.111 to 287.119; the insect and plant disease act, 1931 PA 189,
MCL 286.201 to 286.228; and part 83 of the natural resources and
environmental protection act, 1994 PA 451, MCL 324.8301 to
324.8336.
(5) Every 3 years, the department may adjust the fee schedule
in subsection (2) by an amount determined by the state treasurer to
reflect the cumulative annual percentage change in the Detroit
consumer price index over the 3-year period. An adjustment under
this subsection shall not exceed 5% even if the amount determined
by the state treasurer to reflect the cumulative annual percentage
change over the 3-year period is more than 5%. A fee adjusted under
this subsection shall be rounded to the nearest $5.00. As used in
this subsection, "Detroit consumer price index" means the most
comprehensive index of consumer prices available for the Detroit
area from the bureau of labor statistics of the United States
department of labor.
(6) (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.
(7) (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.
(8) (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) (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 (5) (7).
(9) (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
4.
(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.