Michigan Legislative Alert
        SENATE BILL NO. 705
        September 1999

        We in Michigan need your help to prevent bans on exotic animals.  Please take some time to e-mail the following Senators and Representatives to let them know you oppose the following bills:

        Senate Bill 705:  bans the future ownership of wolf-dog crosses (wolf hybrids)
        Senate Bill 782:  bans the ownership of all exotic cats (and crosses), bears, non-human primates.

        House Bill:  4960:  bans the ownership of wolf-dog crosses.
        House Bill:  4961:  bans exotic cats, bears, and primates.

        Please forward this post to anyone or anyplace you think it will be of help!

        Senate Farming Agribusiness and Food Systems Committee:
        George A. McManus, Jr.:  sengmcmanus@senate.state.mi.us
        Leon Stille:  senlstille@senate.state.mi.us
        Joel Gougeon:  senjgougeon@senate.state.mi.us
        Dianne Byrum:  sendbyrum@senate.state.mi.us
        George Z. Hart:  senghart@senate.state.mi.us

        House Health Policy Committee
        Gerald Law:  glaw@house.state.mi.us
        Paul DeWeese:  pdeweese@house.state.mi.us
        Gene DeRossett:  gderossett@house.state.mi.us
        Stephen Ehardt:  sehardt@house.state.mi.us
        Robert Gosselin:  rgosselin@house.state.mi.us
        Michael Green:  mgreen@house.state.mi.us
        Ruth Johnson:  rujohnson@house.state.mi.us
        Andrew Raczkowski:  araczko@house.state.mi.us
        Sue Rocca:  srocca@house.state.mi.us
        Stephen Vear:  svear@house.state.mi.us
        Mark Schauer:  schauer@house.state.mi.us
        Laura Baird:  lbaird@house.state.mi.us
        Julie Dennis:  jdennis@house.state.mi.us
        Gilda Jacobs:  gjacobs@house.state.mi.us
        Andy Neumann:  aneumann@house.state.mi.us
        Triette Reeves:  treeves@house.state.mi.us
        David Woodward:  dwoodward@house.state.mi.us



        Once again we find ourselves having to prepare for battle in Michigan. Senate Bill #705 sponsored by Senator Leon Stille District 32, is similar to HB4793 introduced an 1997. {My notes will be in brackets{} and italics}

        Anti-wolf-dog fanatics are attempting to ban wolf-dog ownership in ALL States.
        For those of you who live in the State of Michigan, time is running out.

        We urge all of you residing in the State of Michigan, and any other part of the world, to contact the Michigan State Senate NOW, and to include a loving "family" photograph, if possible.

        We ask you also, to pass on this information to family, friends, neighbors, co-workers or anyone who might be interested in preserving their RIGHTS, and those of all animals.

        We MUST reach as many people as possible, in order to STOP this Bill from passing, or remember, YOU could be next!

        We caution those of you who currently own wolves or wolf-dogs to NOT include any personal information about yourselves, such as your real name, or home address!

        People need to write their senators & put pressure on them now!

        Also Mich Assoc of Animal Owners has fought the last ban & I would encourage everyone to co-ordinate their efforts thru them.  If you are interested in contacting them e-mail nature3@greatlakes.net


                                               SENATE BILL NO. 705

        September 21, 1999, Introduced by Senator STILLE and referred to the Committee on Farming, Agribusiness and Food Systems.

        A bill to provide regulations and prohibitions concerning wolf-dog crosses;
        to require the licensing of wolf-dog crosses;
        to impose fees;
        to prescribe the powers and duties of certain federal, state, and local governmental entities and officials;
        to provide standards for the care of wolf-dog crosses;
        and to prescribe penalties and provide remedies.

                       THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

        Sec. 1.
        This act shall be known and may be cited as the "wolf-dog cross act".

        Sec. 2.
        As used in this act:
        (a) "Facility" means an indoor or outdoor cage, pen, or similar enclosure.

        (b) "Law enforcement authority" means:

          (i) A sheriff or sheriff's deputy.
          (ii) A village or township marshal.
          (iii) An officer of the police department of any city, village, or township.
          (iv) An officer of the Michigan state police.
          (v) A peace officer who is trained and certified under the commission on law enforcement standards act, 1965 PA 203, MCL 28.601 to 28.616.
          (vi) A conservation officer appointed by the department of natural resources.
          (vii) An animal control officer of a local unit of government.
          (viii) A law enforcement officer of the federal government authorized to enforce any federal law regulating a wolf-dog cross.
        (c) "Livestock" means that term as defined in the animal industry act of 1987, 1988 PA 466, MCL 287.701 to 287.747. { "Livestock" means those species of animals used for human food and fiber or those species of animals used for service to humans. Livestock includes, but is not limited to, cattle, sheep, new world camelids, goats, bison, captive cervidae, ratites, swine, equine, poultry, aquaculture, and rabbits. Livestock does not include dogs and cats.}

        (d) "Local unit of government" means a city, village, township, or county.

        (e) "Person" means an individual, partnership, corporation, association, governmental entity, or other legal entity.

        (f) "Person in possession" includes a person who was in possession of a wolf-dog cross before the wolf-dog cross escaped or was released.

        (g) "Veterinarian" means a person licensed to practice veterinary medicine under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838.

        (h) "Wolf" means an animal of the species Canis lupus or Canis rufus.

        (i) "Wolf-dog cross" means an individual canid that is any of the following:

          (i) A crossbreed resulting from the breeding of a wolf with a dog. {How many generations back? As it stands, this would define all dogs as a "wolf-dog cross".}
          (ii) A crossbreed resulting from the breeding of 2 wolf-dog crosses.
          (iii) A crossbreed resulting from the breeding a wolf-dog cross with a dog.
          (iv) A crossbreed resulting from the breeding of a wolf-dog cross with a wolf.
          (v) An animal that has been represented as a wolf-dog cross by the owner or person in possession or was represented as a wolf-dog cross by a previous owner or person previously in possession.  For the purposes of this subparagraph, a representation may be by advertisement, registration paper, or any other method. {Pretty much the same as last time. You didn't tell anybody your dog has wolf in it did you?}


        Sec. 3.
        (1) A person shall not possess a wolf-dog cross except in compliance with this act.

        (2) A person shall not do either of the following:

          (a) Possess a wolf-dog cross unless the person was in possession of that wolf-dog cross on the effective date of this act.
          (b) Breed animals to produce a wolf-dog cross.
        (3) A person shall not possess a wolf-dog cross unless both of the following requirements are met:
          (a) The wolf-dog cross has been sexually sterilized. {Again, same as last time}
          (b) The wolf-dog cross has been permanently identified by means of a subcutaneous microchip.


        Sec. 4.
        A person in possession of a wolf-dog cross shall annually obtain a wolf-dog cross license for each wolf-dog cross that the person possesses.  The first license shall be obtained not more than 30 days after the effective date of this act.  A rabies vaccination is not required to obtain a wolf-dog cross license unless the federal government has approved a rabies vaccine for use on wolf-dog crosses.  A wolf-dog cross license shall otherwise be obtained and issued, proof of the license shall be produced, and the license tag shall be kept on the wolf-dog cross in the same manner and subject to the same requirements as a dog
        license or tag under the dog law of 1919, 1919 PA 339, MCL 287.261 to 287.290.

        Sec. 5.
        (1) A wolf-dog cross shall not be tethered outdoors, such as on a leash or chain, or allowed to run at large. {This should already be adequately covered by existing leash laws} Except as otherwise provided in this act, a wolf-dog cross shall be constantly kept in a facility that meets all of the following requirements:

          (a) The facility is sufficiently secure to prevent the wolf-dog cross's escape and protect the animal from injury. {Again, this should already be adequately covered by existing leash laws}
          (b) The facility is constructed of cement blocks, bricks, concrete, chain link fence, wires, or bars of a suitable thickness, gauge, or diameter to prevent the wolf-dog cross's escape and to protect the wolf-dog cross from injury. {Redundant, says basiclly the same as (a) above}
          (c) The facility is well braced and securely anchored at ground or floor level and utilizes metal clamps, ties, or braces of a strength adequate to safely contain the wolf-dog cross. {Again, redundant, says basiclly the same as (a) and (b) above}
          (d) The facility has a lock that is kept locked at all times when the wolf-dog cross is kept in the facility.


        (2) The person in possession of the wolf-dog cross is not required to keep the wolf-dog cross in a facility if the wolf-dog cross is kept in the person's residence.  This subsection does not apply if there is a person less than 21 years of age in the residence unless the wolf-dog cross is under the supervision of a person 21 years of age or older.

        (3) A person in possession of a wolf-dog cross shall comply with all of the following requirements:

          (a) The person shall present a wolf-dog cross license or proof of sterilization for the wolf-dog cross upon the request of a law enforcement authority.
          (b) The person shall not place the wolf-dog cross under the supervision of a person less than 21 years of age.
          (c) The person shall post and maintain clearly legible signs stating "A wolf-dog cross, which is a potentially dangerous animal, is kept on this property.".  A sign shall be posted as follows:
            (i) At each fence gate providing access to a residence on the property, providing access to a building in which the wolf-dog cross's facility is located, or providing access to the facility.
            (ii) On the outside of each door providing access to a residence on the property or providing access to any building in which the wolf-dog cross's facility is located.
            (iii) On each side of the wolf-dog cross's facility, unless the facility is located in a residence or other building.
          (d) The wolf-dog cross shall not be mistreated or neglected.

          (e) The conditions in which the wolf-dog cross is kept, including, but not limited to, the following, shall be safe and conducive to the wolf-dog cross's physical health and comfort and shall promote normal behavior:

            (i) Temperature.
            (ii) Ventilation.
            (iii) Humidity.
            (iv) Drainage.
            (v) Sanitation.
            (vi) Diet.
            (vii) Exercise.
          (f) Potable drinking water shall be provided daily in a clean, accessible container, unless otherwise directed by a veterinarian.

          (g) While a wolf-dog cross's facility is being cleaned, the person in possession of the wolf-dog cross shall keep the wolf-dog cross in the person's residence as provided under subsection (2) or in a shift cage.  The shift cage shall be of a size appropriate for the wolf-dog cross and of a construction adequate to safely contain the wolf-dog cross.

          (h) The person in possession of a wolf-dog cross shall not allow the wolf-dog cross outdoors unless 1 or more of the following apply:

            (i) The person has the wolf-dog cross under direct control or on a secure leash and the wolf-dog cross is on property owned by that person in an area completely enclosed by a secure fence. The fence shall be at least 6 feet high and all the gates of the fence shall be locked.
            (ii) The person has the wolf-dog cross on a secure leash on property other than property owned by that person.
            (iii) The wolf-dog cross is being moved between any 2 of the following:
              (A) The wolf-dog cross's facility.
              (B) The residence of the person in possession of the wolf-dog cross, pursuant to subsection (2).
              (C) A shift cage, pursuant to subsection (3)(g).
              (D) A vehicle, pursuant to section 6.


        Sec. 6.
        A person transporting a wolf-dog cross in a vehicle shall comply with the standards of the international air transport association applicable to a dog.

        Sec. 7.
        (1) If a wolf-dog cross potentially exposes a human to rabies by any penetration of the skin by teeth, any scratch that causes penetration of the skin, any abrasion that causes penetration of the skin, or contamination of open wounds or mucous membranes with saliva or other infectious material, the person in possession of the wolf-dog cross shall report the potential exposure to the local health department within 24 hours.

        (2) If a wolf-dog cross potentially exposes livestock or a mammalian pet to rabies by any penetration of the skin by teeth, any scratch that causes penetration of the skin, any abrasion that causes penetration of the skin, or contamination of open wounds or mucous membranes with saliva or other infectious material, the person in possession of the wolf-dog cross shall report the potential exposure to the licensing agency within 24 hours.

        (3) If a wolf-dog cross potentially exposes a human, livestock, or a mammalian pet to rabies by any means identified in subsection (1), the wolf-dog cross shall be humanely euthanized. The wolf-dog cross shall be immediately examined for rabies in the manner provided by rules promulgated under section 5111 of the public health code, 1978 PA 368, MCL 333.5111.

        Sec. 8.
        A law enforcement authority or other person may kill a wolf-dog cross if the person sees the wolf-dog cross pursuing, attacking, or wounding livestock or poultry or attacking a person.  The law enforcement authority or other person is not liable in damages or otherwise for killing the wolf-dog cross.

        Sec. 9.
        (1) The person in possession of a wolf-dog cross is liable in a civil action for the death of or injury to any
        animal, or a human, or for property damage caused by the wolf-dog cross.

        (2) If a wolf-dog cross escapes or is released, intentionally or unintentionally, the person in possession of the wolf-dog cross shall immediately contact a law enforcement officer of the local unit of government where the escape or release occurred to report the loss, escape, or release.  The person in possession of
        the wolf-dog cross is liable for all expenses associated with efforts to recapture the wolf-dog cross that is released or escapes.

        Sec. 10.
        (1) A facility housing a wolf-dog cross is subject to inspection at reasonable hours by a law enforcement authority to ensure compliance with this act.  If entry for an inspection is refused, the law enforcement authority shall obtain an administrative inspection warrant before conducting the inspection.

        (2) A law enforcement authority may seize a wolf-dog cross incident to a lawful arrest for a violation of this act and impound the wolf-dog cross pending the outcome of the criminal action and possible loss of animal ownership privileges under section 11.

        Sec. 11.
        (1) Except as provided in subsection (2), a person who violates this act is guilty of a misdemeanor punishable by 1 or more of the following:

          (a) A fine of not more than $1,000.00, plus costs of prosecution.
          (b) Imprisonment for not more than 93 days.
          (c) Community service work for not more than 1,000 hours.
          (d) Loss of canid ownership privileges.
        (2) A person who, in violation of section 3(2), knowingly possesses a wolf-dog cross, unless the person was in possession of that wolf-dog cross on the effective date of this act, or knowingly breeds animals to produce a wolf-dog cross is guilty of a misdemeanor punishable by a fine of not less than $1,000.00 or
        more than $5,000.00, plus costs of prosecution.  In addition, the person may be punished by 1 or more of the following:
          (a) Imprisonment for not more than 93 days.
          (b) Community service work for not more than 1,000 hours.
          (c) Loss of animal ownership privileges.
        Sec. 12.
        A city, village, township, or county may adopt an ordinance pertaining to wolf-dog crosses that is more restrictive than this act.


        HOUSE BILL No. 4960

        October 6, 1999, Introduced by Reps. Law, Basham, Wojno, Jellema, Toy, Rocca, Garcia, Gieleghem, Schauer, DeVuyst, DeHart, Hale, Richner, Bisbee, Scranton and Raczkowski and referred to the Committee on Health Policy.

        A bill
        to regulate the ownership, possession, and care of certain wolf-dog crosses;
        to prohibit the ownership and possession of certain wolf-dog crosses;
        to impose fees;
        to prescribe the powers and duties of certain governmental entities and officials;
        and
        to prescribe penalties and provide remedies.

                       THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

        Sec. 1.
        This act shall be known and may be cited as the "wolf-dog cross act" and is enacted in memory of Angie Nickerson.

        Sec. 2.
        As used in this act:

          (a) "Animal control officer" means a county animal control officer as described in sections 29a and 29b of the dog law of 1919, 1919 PA 339, MCL 287.289a and 287.289b, or a city, village, or township animal control officer as described in section 29c of the dog law of 1919, 1919 PA 339, MCL 287.289c.
          (b) "Animal control shelter" or "animal protection shelter" means an animal control shelter or animal protection shelter, respectively, registered with the department under section 6 of 1969 PA 287, MCL 287.336.
          (c) "Department" means the department of agriculture.
          (d) "Dog" means an animal of the species Canis familiaris.
          (e) "Facility" means an indoor or outdoor cage, pen, or similar enclosure where a wolf-dog cross is kept.
          (f) "Law enforcement authority" means:
            (i) A sheriff or sheriff's deputy.
            (ii) A village or township marshal.
            (iii) An officer of the police department of a city, village, or township.
            (iv) An officer of the Michigan state police.
            (v) A peace officer who is trained and certified under the commission on law enforcement standards act, 1965 PA 203, MCL 28.601 to 28.616.
            (vi) A conservation officer appointed by the department of natural resources.
            (vii) An animal control officer of a local unit of government.
            (viii) A law enforcement officer of the federal government authorized to enforce any federal law regulating animals.
          (g) "Livestock" means that term as defined in section 5 of the animal industry act of 1987, 1988 PA 466, MCL 287.705.
          (h) "Local unit" means a city, village, township, or county.
          (i) "Permit" means a permit issued under section 4.
          (j) "Permitting agency" means the agency of a local unit that issues permits under section 4.
          (k) "Person" means an individual, partnership, corporation, association, governmental entity, or other legal entity.
          (l) "Pet shop" means a pet shop licensed by the department under section 3 of 1969 PA 287, MCL 287.333.
          (m) "Transfer" means to be a party to a transfer of possession or ownership, with or without remuneration.
          (n) "Veterinarian" means a person licensed to practice veterinary medicine under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838.
          (o) "Wolf" means an animal of the species Canis lupus or Canis rufus.
          (p) "Wolf-dog cross" means a canid that is any of the following:
            (i) A crossbreed resulting from the breeding of a wolf with a dog.
            (ii) A crossbreed resulting from the breeding of 2 wolf-dog crosses.
            (iii) A crossbreed resulting from the breeding a wolf-dog cross with a dog.
            (iv) A crossbreed resulting from the breeding of a wolf-dog cross with a wolf.
            (v) An animal that is or has been represented by the breeder, owner, or person in possession, whether by advertisements, registration papers, sworn statements, or any other method, as a wolf-dog cross.


        Sec. 3.
        A person shall not do any of the following:

          (a) Possess a wolf-dog cross except in compliance with this act.
          (b) Transfer a wolf-dog cross unless the person is exporting it to another state or country in compliance with section 8 or the transfer is in compliance with section 14(2) or 20(3).
          (c) Breed a wolf-dog cross.
           
        Sec. 4.
        (1) Subject to section 22, a person may possess 1 or more wolf-dog crosses if the person owns the wolf-dog crosses, was in possession of those individual wolf-dog crosses on the effective date of this act, applies for a permit for those wolf-dog crosses within 90 days after the effective date of this act, and obtains a permit for those wolf-dog crosses.  The permit applies only to those individual wolf-dog crosses.  The permit is not transferable to another person except through testate or intestate succession.  The permit is valid in any local unit in which the possession of the wolf-dog crosses is not prohibited by ordinance.

        (2) A person shall file an application for a permit with the person specified by the first of the following subdivisions that applies:

          (a) If the wolf-dog crosses are kept in a city or village and the city or village employs an animal control officer, with the city or village agency to which the animal control officer is assigned.
          (b) If the wolf-dog crosses are kept in a township and the township employs an animal control officer, with the township agency to which the animal control officer is assigned.
          (c) If the county in which the wolf-dog crosses are kept employs an animal control officer, with the county agency to which the animal control officer is assigned.
          (d) If subdivision (a), (b), or (c) does not apply, with the county sheriff of the county where the wolf-dog crosses are kept.


        (3) An applicant for a permit shall include with the application all of the following:

          (a) An annual permit fee.  The annual permit fee shall be established by the governing body of the local unit whose agency issues the permit under subsection (2) and shall be not less than the greater of the following 2 amounts:
            (i) Twenty-five dollars, or at the option of the local unit if the applicant keeps more than 1 wolf-dog cross in that local unit, $25.00 for each wolf-dog cross.
            (ii) An amount necessary to cover the local unit's actual, reasonable costs of enforcing this act.
          (b) A written statement that does all of the following:
            (i) Specifies the number of wolf-dog crosses owned by the applicant.
            (ii) Describes in detail each wolf-dog cross owned by the applicant, including, but not limited  to, its identification number required under section 5.
            (iii) Specifies the name, address, and telephone number of the person from whom the owner obtained the wolf-dog cross, if known.
          (c) A certificate signed by a veterinarian that the wolf-dog cross has been sexually sterilized.


        (4) A local unit shall not issue a permit unless it finds that all of the following apply:

          (a) The requirements of subsections (1), (2), and (3) are met.
          (b) The applicant is 21 years of age or older.
          (c) The applicant has not been convicted of or found responsible for violating a local ordinance or state law prohibiting neglect or mistreatment of an animal and has not within the past 10 years been convicted of a felony.
          (d) The applicant is not subject to a court order requiring the forfeiture of a wolf-dog cross or prohibiting the ownership or possession of a wolf-dog cross.
          (e) The facility and the conditions in which each wolf-dog cross will be kept comply with this act.


        (5) A permit shall set forth all of the following:

          (a) The name and address of the permit holder and the address where each wolf-dog cross will be kept, if different from that of the permit holder.
          (b) The number of wolf-dog crosses owned by the permit holder.
          (c) The identification number of each wolf-dog cross required under section 5.
          (d) The name and address of the veterinarian who is expected to provide veterinary care to the wolf-dog cross.
          (e) Any other reasonable information as determined by the local unit, which may include, but need not be limited to, a designation of permits required by a local unit, the department, the department of community health, the department of natural resources, the United States department of agriculture, or the fish and wildlife service of the United States department of the interior.


        (6) A local unit that issues a permit shall notify the department of the name and address of the permit holder and the number of wolf-dog crosses owned by the permit holder.

        (7) The owner of a wolf-dog cross shall annually pay the local unit the annual permit fee established under subsection (3)(a).

        Sec. 5.
        The owner of a wolf-dog cross shall have an identification number placed in the wolf-dog cross via subcutaneous microchip, at the expense of the owner, by or under the supervision of a veterinarian.

        Sec. 6.
        (1) The wolf-dog cross shall not be tethered outdoors, such as on a leash or chain, or allowed to run at-large. Except as otherwise provided in this section or section 7, the wolf-dog cross shall be constantly kept in a facility that meets all of the following requirements:

          (a) Is sufficiently secure to prevent the wolf-dog cross's escape and protect the wolf-dog cross from injury.
          (b) Is constructed of cement blocks, bricks, concrete, chain link fence, wires, or bars of a suitable thickness, gauge, or diameter to prevent the wolf-dog cross's escape and to protect the wolf-dog cross from injury.
          (c) Is well braced and securely anchored at ground level or, if the facility is located in a residence or other building, at floor level and utilizes metal clamps, ties, or braces of a strength sufficient for cage construction for the wolf-dog cross.
          (d) Is enclosed within a secondary fence that is located at least 3 feet outside of the walls of the facility and is adequate to prevent a human from coming into contact with the wolf-dog cross.
          (e) Has an entrance with a lock that is kept locked at all times when the wolf-dog cross is kept in the facility.
          (f) Has a floor area of at least 900 square feet, plus an additional 450 square feet for each wolf-dog cross in excess of 1 kept in the facility.


        (2) The owner of a wolf-dog cross may, on a permanent or temporary basis, keep the wolf-dog cross in the person's residence and not in a facility if the wolf-dog cross is under the supervision of a person 21 years of age or older.

        (3) The owner of a wolf-dog cross may take the wolf-dog cross outdoors if he or she holds the wolf-dog cross under control on a secure leash and either of the following applies:

          (a) The wolf-dog cross is being exercised by the owner.
          (b) The wolf-dog cross is being moved between any 2 of the following:
            (i) The wolf-dog cross's facility.
            (ii) The residence of the owner of the wolf-dog cross, pursuant to subsection (2).
            (iii) A shift cage, pursuant to subsection (4)(k).
            (iv) A vehicle, pursuant to section 7.
             
        (4) The owner of a wolf-dog cross shall comply with all of the following requirements:
          (a) The owner shall present a permit for the wolf-dog cross upon the request of a law enforcement authority.
          (b) The owner shall not place the wolf-dog cross under the supervision of a person less than 21 years of age.
          (c) The owner shall post and maintain signs on property on which the wolf-dog cross is kept stating "A potentially dangerous wolf-dog cross is kept on this property.".  Each sign shall utilize block letters at least 1/2 inch high.  A sign shall be posted as follows:
            (i) At each fence gate providing access to a residence on the property, providing access to a building in which the wolf-dog cross's facility is located, or providing access to the facility.
            (ii) On the outside of each door providing access to a residence on the property or providing access to any building in which the wolf-dog cross's facility is located.
            (iii) On each side of the wolf-dog cross's facility, unless the facility is located in a residence or other building.
          (d) The wolf-dog cross shall not be mistreated or neglected.
          (e) The conditions in which the wolf-dog cross is kept, including, but not limited to, the following, shall be safe and conducive to the wolf-dog cross's physical health and comfort and shall promote normal behavior:
            (i) Temperature.
            (ii) Ventilation.
            (iii) Humidity.
            (iv) Drainage.
            (v) Sanitation.
            (vi) Diet.
            (vii) Exercise.
          (f) Potable drinking water shall be provided at least twice daily in a clean, accessible container, unless otherwise directed by a veterinarian.
          (g) Swimming or wading pools shall be cleaned as needed to ensure sufficiently sanitary water quality.
          (h) There shall be adequate drainage of surface water from the facility.
          (i) Food shall be unspoiled and not contaminated with insects, fecal material, or any other substance that may cause the food to be unpalatable, that may decrease the nutrient value of the food, or that may pose a health risk to the wolf-dog cross.
          (j) Fecal and food wastes shall be removed from the facility daily and stored or disposed of in a manner that prevents noxious odors, insect pests, or risks to human or animal health or the environment.  Hard floors shall be scrubbed and disinfected weekly.  Large facilities with dirt floors shall be raked every day and the raked waste removed every day.
          (k) A wolf-dog cross may be kept in a shift cage while the wolf-dog cross's facility is being cleaned.  The shift cage shall be of a size appropriate for the wolf-dog cross and of a construction adequate to safely contain the wolf-dog cross.
          (l) At the expense of the owner of the wolf-dog cross, care for the wolf-dog cross shall be provided by a veterinarian as needed.  The veterinarian shall keep up-to-date records of the care and retain the records until the wolf-dog cross dies.
          (m) When the wolf-dog cross dies, the owner of the wolf-dog cross shall arrange to have the death certified in writing by a veterinarian, law enforcement authority, or the permitting agency.  The veterinarian, law enforcement authority, or permitting agency shall submit the certification to to the department within 20 business days after the death.


        Sec. 7.
        A person transporting a wolf-dog cross in a vehicle shall comply with the standards in International Air Transport Ass'n., Live Animal Regulations (26th ed., 1999) applicable to a dog.  In addition, a person transporting a wolf-dog cross in a vehicle shall comply with all of the following requirements:

          (a) The wolf-dog cross shall be individually and securely caged, even while inside a passenger vehicle or in the bed of a truck.  However, a female wolf-dog cross and each of her unweaned pups, if any, shall be transported in the same cage.
          (b) The vehicle shall provide fresh air without injurious drafts and provide adequate protection from the elements to the wolf-dog cross.
          (c) The wolf-dog cross's cargo area shall be as free as possible of engine exhaust fumes.
          (d) Fecal and food wastes shall be removed from the wolf-dog cross's transport cage on at least a daily basis.
          (e) The temperature within the wolf-dog cross's cage shall not be harmful to the wolf-dog cross's health.
          (f) The wolf-dog cross's cage shall be large enough to ensure that the wolf-dog cross has sufficient space to stand erect, turn around, and lie naturally.
          (g) The wolf-dog cross shall not be placed in an enclosure over or next to another animal unless each enclosure has a fitted floor or lateral partition that prevents excreta from entering lower or adjacent enclosures.
          (h) The wolf-dog cross shall be given potable water at least twice daily and fed at least once daily, unless otherwise directed by a licensed veterinarian.


        Sec. 8.
        A person shall not export or attempt to export a wolf-dog cross to another state or country unless all of the following requirements are met:

          (a) The import and possession of the wolf-dog cross are lawful in the other state or country.
          (b) The destination and proposed new owner of the wolf-dog cross have been approved by the regulatory agency in the other state or country having authority to do so, if any.


        Sec. 9.
        (1) If a wolf-dog cross potentially exposes a human to rabies by any penetration of the skin by teeth, any scratch that causes penetration of the skin, any abrasion that causes penetration of the skin, or  contamination of open wounds or mucous membranes with saliva or other infectious material, the owner of the wolf-dog cross shall report the potential exposure to the local health department within 24 hours.

        (2) If a wolf-dog cross potentially exposes livestock or a mammalian pet to rabies by any penetration of the skin by teeth, any scratch that causes penetration of the skin, any abrasion that causes penetration of the skin, or contamination of open wounds or mucous membranes with saliva or other infectious material, the owner of the wolf-dog cross shall report the potential exposure to the permitting agency within 24 hours.

        (3) If a wolf-dog cross potentially exposes a human, livestock, or mammalian pet to rabies by any means identified in subsection (1), the wolf-dog cross shall be humanely euthanized by a veterinarian.  The wolf-dog cross shall be immediately examined for rabies in the manner provided by rules promulgated  under section 5111 of the public health code, 1978 PA 368, MCL 333.5111.

        Sec. 10.
        If a rabies vaccination becomes approved by the federal government for use on a wolf-dog cross, the owner of a wolf-dog cross shall have the wolf-dog cross vaccinated for rabies by a veterinarian.

        Sec. 11.
        (1) A law enforcement authority or other person may kill a wolf-dog cross if the person sees the wolf-dog cross chasing or attacking either of the following:

          (a) A person.
          (b) Livestock, poultry, or any other animal.
           
        (2) A person is not liable in damages or otherwise for killing or attempting to kill a wolf-dog cross under subsection (1).

        (3) A wolf-dog cross's entry onto a field or enclosure that is owned by or leased by a person producing livestock or poultry constitutes a trespass, and the owner of the wolf-dog cross is liable in damages.

        Sec. 12.
        (1) The owner of a wolf-dog cross is liable in a civil action for the death or injury of a person and for property damage, including, but not limited to, the death or injury of another animal, caused by the wolf-dog cross.

        (2) If a wolf-dog cross escapes or is released, intentionally or unintentionally, the owner of the wolf-dog cross shall immediately contact a law enforcement officer of the local unit where the escape or release occurred to report the loss, escape, or release.  The owner of the wolf-dog cross is liable for all expenses associated with efforts to recapture the wolf-dog cross that is released or escapes.

        (3) The owner of the wolf-dog cross may bring against a person who is responsible in whole or part for the escape or release of the wolf-dog cross a civil action for damages, including, but not limited to, damages and expenses under subsections (1) and (2).

        Sec. 13.
        (1) The facility where a wolf-dog cross is kept in captivity is subject to inspection at reasonable hours by a law enforcement authority to ensure compliance with this act.

        (2) If there is probable cause to believe that this act is being violated, a law enforcement authority shall do 1 of the following:

          (a) Issue to the owner of the wolf-dog cross a notice of the violation under section 14.
          (b) Arrest the owner of the wolf-dog cross or seek a warrant for his or her arrest, as appropriate under chapter IV of the code of criminal procedure, 1927 PA 175, MCL 764.1 to 764.29, for a misdemeanor under section 15.
          (c) File a sworn complaint under section 16(3).


        Sec. 14.
        (1) If there is probable cause to believe this act is being violated, a law enforcement authority may give notice of the violation in writing to the owner of the wolf-dog cross.  The notice shall identify the violation and include a copy of this act.

        (2) Not more than 30 days after the notice is delivered, the owner of the wolf-dog cross shall transfer the wolf-dog cross or, subject to subsection (3), correct the violation and shall notify the law enforcement authority of the action taken.

        (3) If the violation was failure to obtain a permit and the violation was committed knowingly, not more than 14 days after the notice is delivered, the owner of the wolf-dog cross shall transfer the wolf-dog cross and notify the law enforcement authority of the action taken.

        (4) A wolf-dog cross transferred under subsection (2) or (3) shall be transferred to a person described in section 22(a), (b), (c), or (d).  Notice that the wolf-dog cross was transferred under this subsection shall include evidence of the transfer satisfactory to the law enforcement authority.

        (5) Unless the owner of the wolf-dog cross notifies the law enforcement authority that the wolf-dog cross was transferred under subsection (2) or (3), the law enforcement authority shall conduct an inspection at a reasonable time not less than 30 days after notice of the violation was delivered.  When the second inspection is conducted, the owner of the wolf-dog cross shall pay an inspection fee of $25.00 or actual, reasonable costs of the inspection, whichever is greater, to the law enforcement authority.

        (6) If the law enforcement authority finds that the owner of the wolf-dog cross has not complied with subsection (2) or (3), the law enforcement authority shall seek forfeiture of the wolf-dog cross under section 16.

        Sec. 15.
        A person who violates this act, other than a law enforcement authority, veterinarian, or permitting agency, is guilty of a misdemeanor.  The person shall be punished by a fine of not less than $250.00, plus costs of prosecution, or if the person failed to obtain a permit for the wolf-dog cross, by a fine of not less than $500.00, plus costs of prosecution.  In addition, the person may be punished by 1 or more of the following:

          (a) Imprisonment for not more than 93 days.
          (b) Community service work for not more than 500 hours.
          (c) The loss of privileges to own or possess any animal.
           
        Sec. 16.
        (1) If a person who owns or possesses a wolf-dog cross violates this act, that wolf-dog cross and any other wolf-dog cross owned by that person is subject to civil forfeiture.

        (2) The prosecuting attorney in an action under section 15 may file a petition requesting that the court issue an order for civil forfeiture of all of the wolf-dog crosses owned by the person violating this act.

        (3) Any person may file with a court having jurisdiction a complaint alleging that a person is violating this act and requesting the court to order the civil forfeiture of all of the wolf-dog crosses owned by that person.

        Sec. 17.
        (1) A law enforcement officer shall seize a wolf-dog cross pursuant to an order of seizure issued by the  court having jurisdiction over the wolf-dog cross upon a showing of probable cause that the wolf-dog cross is subject to forfeiture under section 16(1).

        (2) A wolf-dog cross subject to forfeiture under section 16(1) may be seized without process under any of the following circumstances:

          (a) The seizure is incident to a lawful arrest for a violation of this act.
          (b) The seizure is pursuant to a valid search warrant.
          (c) The seizure is pursuant to an inspection under a valid administrative inspection warrant.
          (d) There is probable cause to believe that the conditions under which the wolf-dog cross or any other wolf-dog cross owned by the same person is kept are directly or indirectly dangerous to human or animal health or safety.
          (e) Exigent circumstances exist that preclude obtaining a court order, and there is probable cause to believe that this act has been violated.
          (f) The wolf-dog cross or any other wolf-dog cross owned by the same person is the subject of a prior judgment in favor of this state in a forfeiture proceeding.


        (3) If a seizure is to be accomplished by capture, tranquilization or other humane methods shall be used for the capture.

        (4) A wolf-dog cross seized under this act is not subject to any other action to recover personal property, but is considered to be in the custody of the seizing agency subject only to subsection (5) and sections 18 and 19, or to an order and judgment of the court having jurisdiction over the forfeiture proceedings.  When a wolf-dog cross is seized under this act, the law enforcement authority may remove the wolf-dog cross to a place designated by the court.

        (5) A wolf-dog cross that belongs to the victim of a crime shall promptly be returned to the victim, except in the following circumstances:

          (a) When the crime victim last possessed the wolf-dog cross, he or she was in violation of section 4.
          (b) If the ownership of the wolf-dog cross is disputed, until the dispute is resolved.
          (c) If the property is required to be retained as evidence pursuant to section 4(4) of the crime victim's rights act, 1985 PA 87, MCL 780.754.


        Sec. 18.
        (1) A law enforcement authority may return a seized wolf-dog cross to the owner of the wolf-dog cross if the law enforcement authority is satisfied that the conditions resulting in the seizure have been corrected.  If the wolf-dog cross was seized pursuant to process issued by a court, the law enforcement authority shall obtain approval of the court before returning the wolf-dog cross.

        (2) Unless the wolf-dog cross has been returned, the law enforcement authority shall, within 10 days after the wolf-dog cross is seized, give written notice of the seizure and intent to forfeit the wolf-dog cross to each of the following persons:

          (a) The owner of the wolf-dog cross.
          (b) Each person with a known ownership interest in the wolf-dog cross.
          (c) Any person who was injured or whose property was damaged by the wolf-dog cross.
           
        (3) The notice required under subsection (2) shall be delivered in person or sent by certified mail.  If the name and address of the person are not reasonably ascertainable or personal delivery of the notice cannot reasonably be accomplished, the notice shall be published in a newspaper of general circulation in the county in which the wolf-dog cross was seized for 10 successive publishing days.  Proof of written notice or publication shall be filed with the court having jurisdiction over the seizure or forfeiture.

        (4) The law enforcement authority shall immediately after seizure of the wolf-dog cross notify the prosecuting attorney for the county in which the wolf-dog cross was seized or, if the attorney general is actively handling a case involving or relating to the wolf-dog cross, the attorney general of the seizure of the wolf-dog cross and any intent to forfeit the wolf-dog cross under this act.

        Sec. 19.
        (1) A person may file a motion with the court having jurisdiction to return the wolf-dog cross on the grounds that the wolf-dog cross was illegally seized or that the wolf-dog cross is not subject to forfeiture under this act.  The court shall hear the motion within 30 days after the motion is filed.

        (2) At the hearing on the motion filed under subsection (1), the attorney general, or the attorney for the local unit in which the wolf-dog cross was seized, shall establish probable cause to believe that the wolf-dog cross is subject to forfeiture under this act and, if the person filing the motion claims the wolf-dog cross was illegally seized, that the wolf-dog cross was properly seized.

        (3) If the attorney general or the attorney for the local unit in which the wolf-dog cross was seized fails to sustain his or her burden of proof under subsection (2), the court shall order the return of the wolf-dog cross.

        (4) The testimony of a person at a hearing held under this section is not admissible against him or her in any criminal proceeding except in a criminal prosecution for perjury.  The testimony of a person at a hearing held under this section does not waive the person's constitutional right against self-incrimination.

        Sec. 20.
        (1) A law enforcement authority shall return a seized wolf-dog cross to the owner of the wolf-dog cross within 7 days after the occurrence of any of the following:

          (a) The failure to issue a warrant against the owner of the wolf-dog cross for committing a misdemeanor under section 15 or to file a complaint under section 16(3) within 10 days after the wolf-dog cross is seized.
          (b) The dismissal of charges against the owner of the wolf-dog cross under section 15 or of a complaint under section 16(3), as applicable.
          (c) The court's determination that an order for the wolf-dog cross to be forfeited shall not be entered.
          (d) The acquittal of the owner of the wolf-dog cross of any charges under section 15.
          (e) Entry of a court order under this act for the return of the wolf-dog cross.


        (2) If a wolf-dog cross is returned under subsection (1), the law enforcement authority shall give written notice to the persons who received notice under section 18 that the wolf-dog cross has been returned.  The notice under this subsection shall be delivered in person or sent by certified mail.  If the name and address of the person are not reasonably ascertainable or personal delivery of the notice cannot reasonably be accomplished, the notice shall be published in a newspaper of general circulation in the county in which the wolf-dog cross was seized for 10 successive publishing days.

        (3) If the court orders a wolf-dog cross to be forfeited, the order of forfeiture shall direct that each wolf-dog cross be transferred to a wildlife sanctuary approved by the association of sanctuaries, an animal protection shelter, or a zoo accredited by the American zoo and aquarium association, where the wolf-dog cross will be safely and humanely cared for as provided by this act.  However, subject to section 9, if the wolf-dog cross killed or injured a human or an animal, the order of forfeiture may direct that the wolf-dog cross be humanely euthanized by a veterinarian.  An order of forfeiture shall also revoke any permit that may have been issued for the wolf-dog cross under section 4 and order payment of costs under subsection (4).  The forfeiture is a civil forfeiture.

        (4) If a wolf-dog cross is seized, the owner of the wolf-dog cross is liable for the costs of placement and care for the wolf-dog cross from the time of seizure until the time of return or forfeiture and, if a wolf-dog cross is ordered to be forfeited and euthanized, for the costs of humanely euthanizing and disposing of the wolf-dog cross.  This subsection does not apply if the wolf-dog cross is returned under subsection (1) or section 19.

        Sec. 21.
        (1) A local unit may adopt an ordinance governing wolf-dog crosses that is more restrictive than this act.

        (2) The requirements of this act are in addition to any other requirements governing a wolf-dog cross under state and federal law.

        Sec. 22.
        Section 4 does 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 and wildlife service of the United States department of the interior.
          (c) A zoological park approved or accredited by the American zoo and aquarium association.
          (d) A person approved by the association of sanctuaries.
          (e) A law enforcement officer acting under the authority of this act.
          (f) A veterinarian temporarily in possession of a wolf-dog cross to provide veterinary care for or humanely euthanize the wolf-dog cross.


        Sec. 23.  The department shall provide each pet shop, animal control shelter, and animal protection shelter with information on the requirements of this act.


        Contact List for Michigan State Senate:

        Michigan State Senators:

        District 1  Joe Young
        District 2  Virgil Smith(Senate Floor Leader)
        District 3  Henry Stallings
        District 4  Jackie Vaughn
        District 5  Michael OBrien
        District 6  George Hart
        District 7  Christopher Dingell
        District 8  Loren Bennett
        District 9  Robert Geake
        District 10  Arthur Miller
        District 11  Kenneth DeBeaussaert
        District 12  Douglas Carl
        District 13  Michael Bouchard
        District 14  Gary Peters
        District 15  Bill Bullard
        District 16  Mat Dunaskiss
        District 17  Jim Berryman(Assistant Floor Leader)
        District 18  Alma Smith
        District 19  Philip Hoffman
        District 20  Harry Gast
        District 21  Dale Shugars
        District 22 William Van Regenmorter
        District 23  Joanne Emmons
        District 24  John Schwarz
        District 25  Dianne Byrum
        District 26  Mike Rogers
        District 27  Dan DeGrow
        District 28  John Cherry
        District 29  Joe Conroy
        District 30  Glenn Steil
        District 31  Dick Posthumus
        District 32  Leon Stille
        District 33  Jon Cisky
        District 34  Joel Gougeon
        District 35  Bill Schuette
        District 36  George McManus
        District 37  Walter North
        District 38  Don Koivisto

        The above Senators can be reached by "Snail Mail" at the following address:

        Michigan State Senate
        The Honorable (insert name)
        P.O. Box 30036
        Lansing, Mi.  48909-7536

        You can also reach them by E-Mail by typing in Sen, the first initial of their first name, their complete last name, and @senate.state.mi.us Example:  SenVSmith@senate.state.mi.us
         

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