House Introduced Bill 5843

HOUSE BILL No. 5843

May 12, 1998, Introduced by Reps. McNutt, Law, LaForge, Llewellyn, Voorhees, Rhead, Oxender, Dalman, Brackenridge, Goschka and Wetters and referred to the Committee on Agriculture.

A bill to amend 1919 PA 339, entitled

"Dog law of 1919,"

by amending sections 6, 8, 9, 14, 15, and 17 (MCL 287.266,

287.268, 287.269, 287.274, 287.275, and 287.277).

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 6. (1) On or before March 1 of each year the owner of

2 any dog 6 months old or over, except as provided in section 14,

3 shall apply to the county, THE OWNER OF A DOG THAT IS 6 OR MORE

4 MONTHS OLD SHALL APPLY TO THE TREASURER OF THE COUNTY OR, EXCEPT

5 AS PROVIDED IN SECTION 14, THE TREASURER OF THE township or city

6 treasurer or his authorized agent, where the owner resides, in

7 writing, OR TO THE TREASURER'S AUTHORIZED AGENT, for a license

8 for each dog owned or kept by him OR HER. The board of

9 supervisors of any county of this state may by resolution extend

10 the time for application for license until June 1 of any year,

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1 and wherever the date of March 1 is used in this section, the

2 same shall be June 1 as applied to such county. Such

3 (2) UNLESS THE COUNTY BOARD OF COMMISSIONERS ADOPTS A RESO-

4 LUTION UNDER SUBSECTION (3), THE OWNER SHALL APPLY FOR A LICENSE

5 ANNUALLY ON OR BEFORE MARCH 1.

6 (3) THE COUNTY BOARD OF COMMISSIONERS OF A COUNTY MAY ADOPT

7 A RESOLUTION DURING THE 60-DAY PERIOD BEFORE THE BEGINNING OF THE

8 COUNTY'S FISCAL YEAR PROVIDING WHEN THE OWNER OF A DOG THAT IS

9 REQUIRED TO BE LICENSED UNDER SUBSECTION (1) MUST APPLY FOR A

10 LICENSE. BEFORE ADOPTING THE RESOLUTION, THE COUNTY BOARD OF

11 COMMISSIONERS SHALL OBTAIN THE COUNTY TREASURER'S WRITTEN

12 APPROVAL OF THE RESOLUTION. SUBJECT TO SUBSECTION (4), THE RESO-

13 LUTION SHALL PROVIDE FOR 1 OF THE FOLLOWING:

14 (A) THAT THE OWNER APPLY FOR A LICENSE BY MARCH 1 EVERY

15 YEAR.

16 (B) THAT THE OWNER APPLY FOR A LICENSE BY MARCH 1 EVERY

17 THIRD YEAR.

18 (C) THAT THE OWNER APPLY FOR A LICENSE BY MARCH 1 EVERY YEAR

19 OR EVERY THIRD YEAR, AT THE OWNER'S OPTION.

20 (D) THAT THE OWNER APPLY FOR A LICENSE BY THE LAST DAY OF

21 THE MONTH OF THE DOG'S CURRENT RABIES VACCINATION, EVERY YEAR.

22 (E) THAT THE OWNER APPLY FOR A LICENSE BY THE LAST DAY OF

23 THE MONTH OF THE DOG'S CURRENT RABIES VACCINATION OR OF THE ANNI-

24 VERSARY OF THE DOG'S CURRENT RABIES VACCINATION, EVERY THIRD

25 YEAR.

26 (F) THAT THE OWNER APPLY FOR A LICENSE BY 1 OF THE

27 FOLLOWING, AT THE OWNER'S OPTION:

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1 (i) THE LAST DAY OF THE MONTH OF THE DOG'S CURRENT RABIES

2 VACCINATION EVERY YEAR.

3 (ii) THE LAST DAY OF THE MONTH OF THE DOG'S CURRENT RABIES

4 VACCINATION OR OF THE ANNIVERSARY OF THE DOG'S CURRENT RABIES

5 VACCINATION, EVERY THIRD YEAR.

6 (4) A RESOLUTION ADOPTED UNDER SUBSECTION (3) SHALL INCLUDE

7 NECESSARY PROVISIONS FOR CONVERSION TO A NEW LICENSING SCHEDULE.

8 THE RESOLUTION MAY EXTEND THE EFFECTIVE PERIOD OF OUTSTANDING

9 LICENSES BUT SHALL NOT SHORTEN THE EFFECTIVE PERIOD OF OUTSTAND-

10 ING LICENSES OR PRORATE LICENSE FEES.

11 (5) THE application shall state the breed, sex, age, color,

12 and markings of such THE dog, and the name and address of the

13 last previous owner. Such THE application for a license shall

14 be accompanied by proof of vaccination of the dog for rabies by

15 a valid certificate of A CURRENT vaccination for rabies, with a

16 vaccine licensed by the United States department of agriculture,

17 signed by an accredited veterinarian. THE CERTIFICATE FOR VACCI-

18 NATION FOR RABIES SHALL STATE THE MONTH AND YEAR OF EXPIRATION

19 FOR THE RABIES VACCINE, IN THE VETERINARIAN'S OPINION. A LICENSE

20 SHALL NOT BE ISSUED UNDER SUBSECTION (3)(D), (E), OR (F) IF THE

21 DOG'S CURRENT RABIES VACCINATION WILL EXPIRE MORE THAN 1 MONTH

22 BEFORE THE DATE ON WHICH THAT LICENSE WOULD EXPIRE. WHEN APPLY-

23 ING FOR A LICENSE, THE OWNER SHALL PAY THE LICENSE FEE PROVIDED

24 FOR IN THE COUNTY BUDGET. THE COUNTY BOARD OF COMMISSIONERS

25 SHALL SET LICENSE FEES IN THE COUNTY BUDGET AT A LEVEL SUFFICIENT

26 TO PAY ALL THE COUNTY'S EXPENSES OF ADMINISTERING THIS ACT.

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1 The board of supervisors shall require, by resolution of a

2 majority of the board, that at the time of making the application

3 the owner shall pay the following license fee: If the applica-

4 tion is made before March 1, the same shall be accompanied by a

5 license fee of $1.00 for each male dog or unsexed dog; and $2.00

6 for each female dog; if the application is made on or after March

7 1, the same shall be accompanied by a license fee of $2.00 for

8 each male dog or unsexed dog; and $4.00 for each female dog. The

9 board of supervisors of any county in this state in which the

10 collections of the fees hereinbefore prescribed shall exceed the

11 amount of money necessary to pay the necessary fees and damages

12 caused by dogs, as provided in this act, in such county, by reso-

13 lution, may reduce such fees to an amount deemed necessary by the

14 board to bring in sufficient funds to pay the damages caused by

15 dogs, as provided in this act, in such county. The board of

16 supervisors of any county in this state in which the collections

17 of the fees hereinbefore prescribed shall not be sufficient to

18 pay the necessary fees and damages caused by dogs, as provided in

19 this act, in such county, by resolution, may increase such fees

20 to an amount deemed necessary by the board to bring in sufficient

21 funds to pay the damages caused by dogs, as provided in this act,

22 in such county.

23 Sec. 8. Any person becoming the owner, after the first day

24 of March, 1926, or any year thereafter, of any dog 4 months old

25 or over, which has not already been licensed, or any person

26 owning a dog which becomes 4 months old at any time after the

27 first day of March of any year, shall forthwith apply for and

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1 secure a license for such dog, and in case of application made at

2 any time after the tenth day of July of any year, the license fee

3 shall be 1/2 the amount fixed as the annual license fee for such

4 dog. IN A COUNTY IN WHICH SECTION 6(2) OR SECTION 6(3)(A), (B),

5 OR (C) APPLIES, A PERSON WHO BECOMES OWNER OF A DOG THAT IS 6 OR

6 MORE MONTHS OLD AND THAT IS NOT ALREADY LICENSED SHALL APPLY FOR

7 A LICENSE WITHIN 30 DAYS. A PERSON WHO OWNS A DOG THAT WILL

8 BECOME 6 MONTHS OLD AND THAT IS NOT ALREADY LICENSED SHALL APPLY

9 FOR A LICENSE WITHIN 30 DAYS AFTER THE DOG BECOMES 6 MONTHS OLD.

10 IN A COUNTY IN WHICH SECTION 6(2) OR SECTION 6(3)(A), (B), OR (C)

11 APPLIES, IF A PERSON APPLIES FOR A LICENSE UNDER THIS SUBSECTION

12 AFTER JULY 10 OF A CALENDAR YEAR, THE LICENSE FEE SHALL BE 1/2

13 THE FEE PROVIDED FOR UNDER SECTION 6.

14 Sec. 9. Each license issued shall be dated and shall bear

15 a DISPLAY ALL OF THE FOLLOWING:

16 (A) AN EXPIRATION DATE. SUBJECT TO SECTION 6(4), THE EXPI-

17 RATION DATE SHALL BE 1 YEAR OR 3 YEARS AFTER THE DATE ON OR

18 BEFORE WHICH THE LICENSE WAS REQUIRED TO BE OBTAINED UNDER

19 SECTION 6(3).

20 (B) A serial number corresponding to the number on the metal

21 tag furnished to said THE owner. ; it shall also bear the

22 (C) THE name of the county issuing the same and a

23 LICENSE.

24 (D) A full description of the dog licensed.

25 Sec. 14. (1) Every township or city treasurer shall, on or

26 before December 1 each year, make application APPLY to the

27 county treasurer for necessary license blanks and tags for the

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1 ensuing year and may SHALL issue dog licenses and tags in a

2 manner prescribed for issuing licenses by the county treasurer.

3 Every township or city treasurer shall receive for the services

4 of licensing dogs a reasonable fee at a rate determined by the

5 county board of commissioners for each dog license issued.

6 (2) Each township or city treasurer shall not later than

7 March 1 each year return to the county treasurer all unused tags,

8 and the book or books from which dog licenses have been issued,

9 containing receipts properly filled out, and showing the name of

10 the person issued each license and the number of each license

11 issued and a full description of each dog licensed. The township

12 or city treasurer shall on or before March 1 each year pay over

13 all moneys MONEY received for issuing licenses less the amount

14 set by the board of commissioners to be retained by the township

15 or village for each license issued.

16 (3) A city may, by resolution of its legislative body, pro-

17 vide that its clerk shall perform the duties by this act imposed

18 on the treasurer. Upon the adoption of the resolution, the trea-

19 surer of a city shall IS not be required to issue licenses

20 under this act but the clerk of the city shall perform, in the

21 manner and under the terms and conditions, and with the same com-

22 pensation, all of the duties imposed upon city treasurers by this

23 act.

24 (4) A TOWNSHIP TREASURER, CITY TREASURER, OR CITY CLERK MAY

25 ENTER AN AGREEMENT WITH THE COUNTY TREASURER FOR THE COUNTY TREA-

26 SURER TO PERFORM THE DUTIES OF THE TOWNSHIP TREASURER, CITY

27 TREASURER, OR CITY CLERK UNDER THIS ACT.

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1 Sec. 15. The county treasurer shall keep a record of all

2 dog licenses, and all kennel licenses, issued during the year in

3 each city and township in his OR HER county. Such record shall

4 contain the name and address of the person to whom each license

5 is issued AND THE EXPIRATION DATE OF EACH LICENSE. In the case

6 of FOR an individual license, the record shall also state the

7 breed, sex, age, color, and markings of the dog licensed; and in

8 the case of FOR a kennel license, it shall state the place where

9 the business is conducted. The record shall be IS a public

10 record and SHALL BE open to inspection during business hours.

11 He THE COUNTY TREASURER shall also keep an accurate record of

12 all license fees collected by him THE COUNTY TREASURER or paid

13 over to him OR HER by any city or township treasurer.

14 Sec. 17. On June 15 of each year the THE county treasurer

15 may, make a comparison of his BASED ON records of the dogs

16 actually licensed in each city or township of his county with

17 the report of the supervisor of said township or assessor of said

18 city or animal control officer, to determine THE COUNTY AND ANY

19 REPORT UNDER SECTION 16, IDENTIFY and locate all unlicensed

20 dogs. On and after June 15 of each year every unlicensed dog,

21 subject to license under the provisions of this act, is declared

22 to be IF A DOG IS REQUIRED TO BE LICENSED UNDER THIS ACT BUT IS

23 UNLICENSED, THE DOG IS a public nuisance. and the THE county

24 treasurer shall immediately thereafter list all such unli-

25 censed dogs , as shown by the returns in his office of the

26 supervisors and assessors, IDENTIFIED BY THIS SECTION and shall

27 deliver copies of such lists THE LIST to the sheriff and

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1 prosecuting attorney of said THE county and to the

2 commissioner DIRECTOR OF THE DEPARTMENT of agriculture. On

3 receiving from the county treasurer the name of any owner of

4 any AN unlicensed dog, the prosecuting attorney shall at once

5 commence the necessary proceedings against the owner of said

6 THE dog, as required by the provisions of this act. It shall

7 also be the duty of the sheriff or any member of the state con-

8 stabulary to THE SHERIFF SHALL locate and kill, or cause to be

9 killed, all such unlicensed dogs. Failure, refusal, or neglect

10 on the part of any A sheriff to carry out the provisions of

11 this section shall constitute CONSTITUTES nonfeasance in

12 office.

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