HB-6050, As Passed House, June 12, 2018

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 6050

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 2000 PA 274, entitled

 

"Large carnivore act,"

 

by amending section 22 (MCL 287.1122), as amended by 2013 PA 8.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     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.

 

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

 

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

 

wildlife service Wildlife Service of the United States department

 

Department of the interior. 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 Zoo and aquarium association.Aquarium Association.

 

     (d) A person approved by the association Association of

 

sanctuaries Sanctuaries or the American sanctuary

 

association.Sanctuary Association.

 

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

 

this act.

 

     (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.

 

     (3) Subject to subsection (2), this act does 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 business is the presentation of animals

 

including large carnivores to the public for education or

 

exhibition purposes.

 

     (b) Is a class C licensee that possesses and maintains a class

 

C license under 9 CFR parts 1 and 2.

 

     (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 C licensee under 9 CFR parts 1 and

 

2.

 

     (d) Except as provided in subsection (4), does not allow a


patron to do any of the following:

 

     (i) Come into direct contact with a large carnivore.

 

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

 

over 20 weeks of age 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 large carnivores.

 

     (4) This act does not apply to a person who allows a patron to

 

come into contact with a large carnivore under subsection (3)(d)(i)

 

or (ii) if the large carnivore is a bear less than 36 weeks of age

 

or a bear weighing 90 pounds or less if the person otherwise meets

 

the requirements of subsection (3) and satisfies 1 of the

 

following:

 

     (a) The person was in possession of a bear on the effective

 

date of the 2013 amendatory act that amended this section.March 26,

 

2013.

 

     (b) The person acquired a business described in subsection

 

(3)(a) from a person who was in possession of a bear on the

 

effective date of the 2013 amendatory act that amended this

 

section.March 26, 2013.

 

     (5) Notwithstanding any law to the contrary, a person who

 

meets the requirements of subsection (4) may breed not more than 4

 

black bear sows per year if the person satisfies all of the

 

following conditions:

 

     (a) The person does not transfer a large carnivore to any of

 

the following:


     (i) A person that is not qualified or capable, as determined

 

by the department, of safely maintaining the large carnivore or

 

ensuring its well-being.

 

     (ii) An animal auction or a person that may display or sell

 

the large carnivore at an animal auction.

 

     (iii) A person that allows the hunting of large carnivores.

 

     (b) The person does not raise a large carnivore for the

 

purpose of providing food, fur, pelts, body parts, organs, or

 

bodily fluids, or transfer a large carnivore to a person that will

 

use the large carnivore for any of those purposes.

 

     (c) The person does not perform disfiguring procedures,

 

including, but not limited to, declawing or canine tooth removal,

 

unless considered medically necessary by a licensed veterinarian.

 

     (6) (5) This act does not apply to a circus.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.