HOUSE BILL No. 4793 May 15, 1997, Introduced by Reps. Law, Prusi, Hanley, Galloway, Godchaux, Rocca, DeVuyst, Kukuk, Freeman, Dobronski, Gire, Gubow, London, Olshove, Willard, Brewer, Jellema, Lowe, Hammerstrom, Bodem, Richner, McManus, Llewellyn, Green, Palamara, Bobier and Cassis and referred to the Committee on Health Policy. A bill to provide regulations and prohibitions concerning wolf hybrids; to impose fees; to prescribe the powers and duties of certain federal, state, and local governmental entities and officials with respect to certain canids; to provide standards for the care of wolf hybrids; and to prescribe penalties and pro- vide remedies. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 1. This act shall be known and may be cited as the 2 "wolf hybrid act". 3 Sec. 2. As used in this act: 4 (a) "Department" means the department of agriculture of this 5 state. 6 (b) "Dog" mean an animal of the species Canis familiarus. 7 (c) "Facility" means a cage, pen, or enclosure where a wolf 8 hybrid is kept. 03070'97 TMV 2 1 (d) "Law enforcement authority" means a law enforcement 2 officer of a local unit, including an animal control officer; an 3 officer of the department of agriculture or a representative of 4 the department of agriculture under section 11(3); a conservation 5 officer of the department of natural resources; or a law enforce- 6 ment officer of the federal government. 7 (e) "Local unit" means a city, village, township, or 8 county. 9 (f) "Permit" means a permit issued under section 4. 10 (g) "Person" means an individual, partnership, corporation, 11 association, governmental entity, or other legal entity. 12 (h) "Veterinarian" means a person licensed to practice vet- 13 erinary medicine under article 15 of the public health code, 1978 14 PA 368, MCL 333.16101 to 333.18838. 15 (i) "Wolf" means an animal of the species Canis lupus or 16 Canis rufus. 17 (j) "Wolf hybrid" means a canid that is a crossbreed result- 18 ing from the breeding of a wolf with a dog, or a crossbreed 19 resulting from the breeding of 2 wolf hybrids, or that is repre- 20 sented by the owner, whether by advertisements, registration 21 papers, sworn statements, or any other method, as a wolf-dog 22 crossbreed or the descendent of a wolf-dog crossbreed. 23 Sec. 3. A person shall not do any of the following: 24 (a) Possess a wolf hybrid except in compliance with this 25 act. 26 (b) Make or receive, or attempt to make or receive, a 27 conveyance of ownership of a wolf hybrid unless the person is 03070'97 3 1 exporting the wolf hybrid to another state or country in 2 compliance with section 9 or the conveyance is in compliance with 3 section 15 or 16. 4 (c) Breed a wolf hybrid. 5 Sec. 4. (1) Except as provided in section 18, a person 6 shall not possess a wolf hybrid unless the person was in posses- 7 sion of that individual animal on the effective date of this act 8 and obtains a permit. The permit applies only to that individual 9 animal and is nontransferable. A person shall file an applica- 10 tion for a permit within 90 days after the effective date of this 11 act with the local unit where the animal is kept. 12 (2) An applicant for a permit shall include with the appli- 13 cation all of the following: 14 (a) A nonrefundable permit application fee of $100.00. 15 (b) An annual permit fee. The annual permit fee shall be 16 established by the local unit and shall be not less than $200.00 17 or an amount necessary to cover the local unit's actual, reason- 18 able costs of enforcing this act, whichever is greater. 19 (c) A photograph of the wolf hybrid's facility, the dimen- 20 sions of the facility, and a scale diagram of the property where 21 the wolf hybrid will be kept, including the location of any resi- 22 dence on that property. 23 (d) A notarized statement that the existing facility or the 24 construction of a facility as required by this act is not prohib- 25 ited by an ordinance of a local unit in which the wolf hybrid 26 will be kept. 03070'97 4 1 (e) A description of the number and type or types of wolf 2 hybrids possessed by the applicant, a description of the property 3 where the wolf hybrid is to be kept, a detailed description of 4 each wolf hybrid possessed by the applicant, and, if requested by 5 the local unit, a description of when, where, and how the appli- 6 cant came to possess each wolf hybrid. 7 (3) A local unit shall not issue a permit unless it finds 8 that all of the following apply: 9 (a) The requirements of subsections (1) and (2) are met. 10 (b) The applicant is 21 years of age or older. 11 (c) The applicant has not been convicted of violating a 12 state or federal criminal law or a local ordinance substantially 13 corresponding to a state or federal criminal law. 14 (d) A court order has not been issued against the applicant 15 under section 15(2). 16 (e) The facility and conditions in which the wolf hybrid 17 will be kept comply with this act. 18 (4) A permit shall set forth all of the following: 19 (a) The name and address of the person in possession of a 20 wolf hybrid, the address where the wolf hybrid will be kept, if 21 different, and the number of wolf hybrids possessed by the person 22 in possession of a wolf hybrid. 23 (b) A statement of the terms and conditions under which the 24 export of a wolf hybrid is permitted under this act subject to 25 other requirements of state and federal law. 26 (c) The place and conditions of quarantine, if required. 03070'97 5 1 (d) A statement of any tests, veterinary examinations, 2 observation periods, and quarantine periods required by the 3 department. 4 (e) The name and address of the veterinarian who will pro- 5 vide veterinary care to the wolf hybrid. 6 (f) Proof that the owner of the wolf hybrid has liability 7 insurance coverage for the wolf hybrid. 8 (g) Any other reasonable information as determined by the 9 local unit, which may include, but need not be limited to, a des- 10 ignation of permits required by a local unit, the department, the 11 department of community health, the department of natural 12 resources, the United States department of agriculture, or the 13 fish and wildlife service of the United States department of the 14 interior. 15 (5) A local unit that issues a permit shall notify the 16 department of the name and address of the person in possession of 17 a wolf hybrid. 18 (6) A person in possession of a wolf hybrid shall annually 19 pay the local unit the annual permit fee established under sub- 20 section (2)(b). 21 Sec. 5. A person in possession of a wolf hybrid shall 22 ensure all of the following: 23 (a) That the wolf hybrid is under adult supervision and con- 24 trol so as to prevent injury to any animal or human. 25 (b) That, except when the wolf hybrid's facility is being 26 cleaned as required under this section or the wolf hybrid is 27 being transported as provided by section 8, the animal is never 03070'97 6 1 tethered outdoors or transported outside of a travel cage, such 2 as on a leash or chain but is constantly kept in a facility that 3 meets all of the following requirements: 4 (i) Is sufficiently secure to prevent the wolf hybrid's 5 escape and protect the wolf hybrid from injury. 6 (ii) Has a floor area of at least 900 square feet, plus an 7 additional 450 square feet for each wolf hybrid in excess of 1 8 kept in the facility. 9 (iii) Has walls extending at least 3 feet below ground, and 10 at least 8 feet above ground with an inward overhang of at least 11 3 feet. 12 (iv) Is constructed of cement blocks, bricks, concrete, 13 chain link fence, wires, or bars of a suitable thickness, gauge, 14 or diameter to prevent the wolf hybrid's escape and protect it 15 from injury. 16 (v) Is well braced and securely anchored at ground level and 17 utilizes metal clamps, ties, or braces of a strength prescribed 18 for cage construction for wolf hybrids. 19 (vi) Has a double-gated safety entrance with a lock. 20 (vii) Has a concrete perimeter that is at least 6 feet wide, 21 with at least 3 feet of width inside the walls of the facility 22 and at least 3 feet of width outside the walls of the facility. 23 (viii) Is enclosed within a secondary fence that is located 24 at least 3 feet outside of the walls of the facility and adequate 25 to prevent a human from coming into contact with the wolf 26 hybrid. 03070'97 7 1 (c) That the wolf hybrid is not mistreated or neglected. 2 (d) That the conditions in which the wolf hybrid is kept, 3 including, but not limited to, the following, are safe and condu- 4 cive to the wolf hybrid's physical and psychological health and 5 comfort: 6 (i) Temperature. 7 (ii) Ventilation. 8 (iii) Humidity. 9 (iv) Drainage. 10 (v) Sanitation. 11 (vi) Diet. 12 (vii) Exercise. 13 (e) That potable drinking water is provided daily in a 14 clean, accessible container, unless otherwise directed by a 15 veterinarian. 16 (f) That swimming or wading pools are cleaned as needed to 17 ensure sufficiently sanitary water quality. 18 (g) That there is adequate drainage of surface water from 19 the facility. 20 (h) That food is unspoiled and not contaminated with 21 insects, fecal material, or any other substance that may cause 22 the food to be unpalatable, that may decrease the nutrient value 23 of the food, or that may pose a health risk to the wolf hybrid. 24 (i) That fecal and food wastes are removed from the facility 25 daily and stored or disposed of in a manner that prevents noxious 26 odors, insect pests, or risks to human health or the environment; 27 that hard floors are scrubbed and disinfected weekly; and that 03070'97 8 1 large facilities with dirt floors are raked every day and that 2 the raked waste is removed every day. 3 (j) That a shift cage is used to temporarily contain the 4 wolf hybrid while its primary facility is being cleaned. 5 (k) That care for the wolf hybrid is provided by a veteri- 6 narian at the expense of the owner as needed, that such care is 7 documented, and that a veterinarian's necropsy report is provided 8 to the department promptly after the wolf hybrid dies. 9 Sec. 6. A person in possession of a wolf hybrid shall have 10 an identification number placed on the wolf hybrid, at the 11 owner's expense, by or under the supervision of a veterinarian, 12 or of another person approved by the department. The department 13 shall assign an identification number to the wolf hybrid, and the 14 identification number shall be listed in the department's records 15 under 1939 PA 309, MCL 287.301 to 287.308. An identification 16 number shall be placed on a wolf hybrid by marking the number 17 with indelible ink on the wolf hybrid's inner left thigh or by 18 subcutaneously injecting the wolf hybrid with a microchip on 19 which the number is stored. 20 (2) The person in possession of a wolf hybrid shall have the 21 wolf hybrid sexually sterilized by a veterinarian. 22 Sec. 7. (1) A person in possession of a wolf hybrid shall 23 have the wolf hybrid vaccinated for rabies consistent with recom- 24 mendations of the "Compendium of Animal Rabies Control, 1997" 25 published by the national association of state public health vet- 26 erinarians, inc. The vaccine used shall be approved by the 27 United States department of agriculture for domestic dogs. 03070'97 9 1 However, if, after the effective date of this act, a vaccine is 2 developed for wolf hybrids and approved by the department and the 3 United States department of agriculture, the wolf hybrid shall be 4 vaccinated with the new vaccine. 5 (2) A veterinarian is immune from civil and criminal liabil- 6 ity for vaccinating a wolf hybrid with a vaccine approved for 7 domestic dogs until such time as a vaccine has been approved for 8 wolf hybrids by the department and the United States department 9 of agriculture. 10 (3) A veterinarian vaccinating a wolf hybrid with a vaccine 11 approved for domestic dogs in compliance with subsection (1) 12 shall require the person in possession of the animal to sign an 13 affidavit indicating that he or she is aware that the use of such 14 a vaccine on a wolf hybrid is experimental and that the veteri- 15 narian administering the vaccine is not liable if the wolf hybrid 16 contracts rabies. 17 (4) If a wolf hybrid bites a human, livestock, or a pet, the 18 wolf hybrid shall be considered not to be vaccinated against 19 rabies and shall be humanely euthanized. The wolf hybrid's brain 20 shall immediately be tested for the presence of rabies virus or 21 antigen in the manner provided by rules promulgated under section 22 5111 of the public health code, 1978 PA 368, MCL 333.5111. 23 Sec. 8. A person transporting a wolf hybrid in a vehicle 24 shall comply with the standards of the international animal 25 transport association and with all of the following 26 requirements: 03070'97 10 1 (a) The wolf hybrid shall be individually caged, even while 2 inside a passenger vehicle or in the open bed of a truck. 3 However, a female wolf hybrid and each of her unweaned pups, if 4 any, shall be transported in the same cage. 5 (b) The vehicle shall provide fresh air without injurious 6 drafts and provide adequate protection from the elements to the 7 wolf hybrid. 8 (c) The wolf hybrid cargo area shall be free of engine 9 exhaust fumes. 10 (d) Fecal and food wastes shall be removed from the wolf 11 hybrid's quarters on at least a daily basis. 12 (e) The temperature within the wolf hybrid's enclosure shall 13 not be harmful to the wolf hybrid's health. 14 (f) The wolf hybrid's cage shall be large enough to ensure 15 that the wolf hybrid has sufficient space to stand erect, turn 16 around, and lie naturally. 17 (g) The wolf hybrid shall not be placed in an enclosure over 18 or next to other animals unless each enclosure has a fitted floor 19 or lateral partition that prevents excreta from entering lower or 20 adjacent enclosures. 21 (h) A wolf hybrid shall be given potable water at least 22 twice daily and fed at least once daily, unless otherwise 23 directed by a veterinarian. 24 Sec. 9. A person shall not export or attempt to export a 25 wolf hybrid to another state or country unless all of the follow- 26 ing requirements are met: 03070'97 11 1 (a) The export is approved by the department. 2 (b) The import and possession of the wolf hybrid is lawful 3 in the other state or country. 4 (c) The destination and proposed new owner of the wolf 5 hybrid have been approved by the regulatory agency in the other 6 state or country having authority to do so, if any. 7 Sec. 10. The department shall do all of the following: 8 (a) Provide each veterinarian, animal control shelter, and 9 animal protection shelter in this state with information on the 10 requirements of this act. 11 (b) Together with the department of natural resources, 12 inform the public of the requirements of this act. 13 Sec. 11. (1) A person who violates this act or an order 14 under section 15 is guilty of a misdemeanor punishable by 1 or 15 more of the following: 16 (a) Imprisonment for not more than 90 days. 17 (b) Community service work for not more than 1,000 hours. 18 (c) A fine of not less than $2,000.00. 19 (d) Revocation of a permit. 20 (e) Loss of privileges to own or possess any animal for any 21 period of time determined by the court. 22 (f) Payment of the cost of prosecution. 23 (g) Payment of the cost to law enforcement authorities to 24 care for, relocate, or euthanize any confiscated wolf hybrid. 25 (2) This act may be enforced by any law enforcement 26 authority. A state or local law enforcement authority authorized 27 to enforce this act is authorized to issue an appearance ticket 03070'97 12 1 as described and authorized by sections 9a to 9g of chapter IV of 2 the code of criminal procedure, 1927 PA 175, MCL 764.9a to 3 764.9g, for misdemeanor violations. 4 (3) The department may designate a person in this state to 5 serve as the department's representative under this act for a fee 6 established by the department. 7 (4) A person in possession of a wolf hybrid shall present a 8 permit upon the request of a law enforcement authority. 9 Sec. 12. (1) Locations where wolf hybrids are kept in cap- 10 tivity are subject to inspection at reasonable hours by a law 11 enforcement authority. 12 (2) If a law enforcement authority finds that this act is 13 being violated, the law enforcement authority shall notify the 14 person in possession of the wolf hybrid in writing of the 15 violation. By not more than 30 days after the notice is deliv- 16 ered, the person in possession of the wolf hybrid shall correct 17 the violation or convey the wolf hybrid to a person approved by 18 the department who is permitted under this act or otherwise 19 authorized by law to possess the wolf hybrid, and shall notify 20 the law enforcement authority of the action taken. Notice that 21 the wolf hybrid was conveyed under this subsection shall include 22 evidence of the conveyance satisfactory to the law enforcement 23 authority. 24 (3) Unless the person in possession of the wolf hybrid noti- 25 fies the law enforcement authority that the wolf hybrid was con- 26 veyed to another person under subsection (2), the law enforcement 27 authority shall conduct an unannounced second inspection at a 03070'97 13 1 reasonable time between not less than 30 or more than 60 days 2 after notice of the violation was delivered under subsection 3 (2). When the second inspection is conducted, the person in pos- 4 session of the wolf hybrid shall pay a reinspection fee of 5 $100.00 or actual, reasonable costs, whichever is greater, to the 6 law enforcement authority. If, upon the second inspection, the 7 law enforcement authority finds that the person in possession of 8 the wolf hybrid has not corrected the violation, the department 9 shall revoke the person's permit after an evidentiary hearing 10 under the administrative procedures act of 1969, 1969 PA 306, MCL 11 24.201 to 24.328, and the wolf hybrid shall be confiscated by the 12 law enforcement authority. The law enforcement authority shall 13 place the wolf hybrid in a nature preserve or wildlife sanctuary 14 where hunting is not allowed, in an animal protection shelter, or 15 in a zoo accredited by the association of zoos and aquaria, where 16 the wolf hybrid will be safely and humanely cared for in compli- 17 ance with this act or humanely euthanized. If such a placement 18 is not available, the law enforcement authority shall place the 19 wolf hybrid under section 15(2)(c), or have the animal humanely 20 euthanized at the owner's expense. 21 (4) A wolf hybrid housed in conditions constituting a clear 22 and present danger to human safety shall, under the direction of 23 the department, be immediately placed in approved facilities at 24 the expense of the owner. 25 Sec. 13. (1) A person who witnesses a wolf hybrid attack 26 any animal or a human, or who reasonably believes such an attack 27 is about to occur, may capture, repel, disable, or kill the wolf 03070'97 14 1 hybrid that is attacking or about to attack. A person is immune 2 from civil or criminal liability for action authorized by this 3 section. 4 (2) A law enforcement authority may confiscate, or capture 5 by means of tranquilization or other humane methods, a wolf 6 hybrid to ensure the compliance with and enforcement of this 7 act. 8 Sec. 14. (1) The owner or person in possession of a wolf 9 hybrid is civilly liable for the death of or injury to any 10 animal, or a human, or for property damage caused by the wolf 11 hybrid, whether or not the person possesses a permit. 12 (2) If a wolf hybrid escapes or is released, intentionally 13 or unintentionally, the owner shall immediately contact a law 14 enforcement officer of the local unit where the escape or release 15 occurred to report the escape or release. An owner is responsi- 16 ble for all expenses associated with efforts to recapture a wolf 17 hybrid that is released or escapes. 18 Sec. 15. (1) A district court may issue a summons to show 19 cause why a wolf hybrid should not be humanely euthanized, 20 securely confined, sexually sterilized, or confiscated if the 21 court is presented with a sworn complaint alleging 1 or more of 22 the following: 23 (a) The wolf hybrid is not maintained as required by section 24 5(a). 25 (b) The wolf hybrid has destroyed property of value, habitu- 26 ally caused damage while trespassing on the property of a person 03070'97 15 1 who is not the owner of the wolf hybrid, or injured other 2 animals. 3 (c) The wolf hybrid has killed or seriously injured a human 4 or another animal. 5 (2) After a hearing, if the court finds that any of the 6 allegations under subsection (1) are true, the court may order 7 any of the following: 8 (a) That the wolf hybrid be humanely euthanized. 9 (b) That the wolf hybrid be securely confined under this act 10 on the owner's property, or sexually sterilized, or both, as the 11 court determines appropriate. 12 (c) That the wolf hybrid be permanently confiscated from the 13 owner and transferred to a person approved by the department to 14 care for the wolf hybrid on a temporary or permanent basis at a 15 location where the wolf hybrid will be safely and humanely cared 16 for or humanely euthanized in accordance with this act. 17 (3) If a wolf hybrid is confiscated under this section, the 18 owner of the animal is responsible for all costs associated with 19 the confiscation and placement of the wolf hybrid. 20 Sec. 16. (1) A permit may be revoked by the department 21 after an evidentiary hearing under the administrative procedures 22 act of 1969, 1969 PA 306, MCL 24.201 to 24.328, if the department 23 finds that 1 or more of the following have occurred: 24 (a) The person in possession of a wolf hybrid has been con- 25 victed of cruelty to animals. 26 (b) The person in possession of a wolf hybrid has violated 27 this act. 03070'97 16 1 (c) A court order has been issued against the person in 2 possession of a wolf hybrid under section 15(2). 3 (e) The wolf hybrid has seriously injured or killed a human 4 or another animal. 5 (2) In addition to the sanctions provided in subsection (1), 6 a person who possesses a wolf hybrid and who does not obtain a 7 permit for that wolf hybrid as required under this act shall, by 8 not more than 14 days after delivery of written notification by 9 the department, transfer the ownership of the wolf hybrid to a 10 person authorized under this act to possess the wolf hybrid. A 11 person who violates this subsection is responsible for all costs 12 associated with the confiscation of the wolf hybrid and the 13 attempt to place the wolf hybrid in a lawful situation. 14 Sec. 17. (1) A local unit may adopt an ordinance governing 15 wolf hybrids that is more restrictive than this act. 16 (2) A local unit shall not adopt an ordinance that prohibits 17 the possession of a dog exclusively based on the breed of that 18 dog. 19 (3) The requirements of this act are in addition to other 20 requirements governing wolf hybrids under state and federal law. 21 Sec. 18. The permit requirements of section 4 of this act 22 do not apply to the possession of a wolf hybrid by a facility 23 licensed or approved by the association of zoos and aquaria, the 24 United States department of agriculture, or the fish and wildlife 25 service of the United States department of the interior. 03070'97 Final page. TMV