SB-0350, As Passed House, October 18, 2007

SUBSTITUTE FOR

SENATE BILL NO. 350

     A bill to establish the animal welfare fund in the department

of agriculture; to provide for the distribution of money from the

fund; to prescribe the powers and duties of certain agencies and

officials; and to provide for appropriations.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 1. This act shall be known and may be cited as the

"animal welfare fund act".

     Sec. 2. As used in this act:

     (a) "Animal control shelter" and "animal protection shelter"

mean those terms as defined in section 1 of 1969 PA 287, MCL

287.331.

     (b) "Department" means the department of agriculture.

     (c) "Fund" means the animal welfare fund created in section 3.

     (d) "Qualified veterinarian" means a person licensed or

otherwise authorized to engage in the practice of veterinary

medicine under part 188 of article 15 of the public health code,

1978 PA 368, MCL 333.18801 to 333.18838, and who practices

veterinary medicine in this state.

     (e) "State animal anticruelty laws" means the laws and

standards provided for the adequate care of animals in chapter IX

of the Michigan penal code, 1931 PA 328, MCL 750.49 to 750.70,

including the provisions of section 50(8) of the Michigan penal

code, 1931 PA 328, MCL 750.50.

     Sec. 3. (1) The animal welfare fund is created in the

department to provide funds to promote sterilization and adoption

of dogs and cats, to improve knowledge of the proper care of

animals pursuant to state animal anticruelty laws by educating the

public and training personnel authorized by law to enforce state

animal anticruelty laws, to support and enhance programs that

provide for the care and protection of animals pursuant to state

anticruelty laws, and to allow the purchase of equipment and

supplies for programs that receive grants under this act.

     (2) The state treasurer shall credit to the fund all amounts

appropriated for this purpose under section 435 of the income tax

act of 1967, 1967 PA 281, MCL 206.435.

     (3) The fund shall consist of the money credited to the fund

pursuant to section 435 of the income tax act of 1967, 1967 PA 281,

MCL 206.435, any interest and earnings accruing from the saving and

investment of that money, and other appropriations, money, or other

things of value received by the fund.

     (4) The state treasurer shall direct the investment of the

fund.

     (5) Money in the fund at the close of the year shall remain in

the fund and shall not lapse to the general fund.

     Sec. 4. (1) The money, interest, and earnings of the fund

shall be expended solely for the purposes described in this act.

     (2) Money granted or received as a gift or donation to the

fund is available for distribution upon appropriation.

     (3) Money in the fund may be expended by the department for

actual administrative costs related to the administration of

programs or activities authorized under this act.

     Sec. 5. (1) The department shall solicit proposals for grants

under this act.

     (2) The department shall approve proposals for funding under

this act. Only the following entities shall receive grants from the

fund:

     (a) An animal control shelter or animal protection shelter.

     (b) An organization exempt from taxation under section

501(c)(3) of the internal revenue code that is based in this state

and whose primary purpose is to increase the number of dogs and

cats that are sterilized and adopted.

     (3) The department shall make grants to animal control

shelters or animal protection shelters for only 1 or more of the

following purposes:

     (a) Increase the number of dogs and cats that are sterilized

and adopted.

     (b) Provide information to the public about the value of

sterilization and adoption of dogs and cats.

     (c) Improve knowledge of the proper care of animals pursuant

to state animal anticruelty laws by educating the public and

training personnel authorized by law to enforce state animal

anticruelty laws.

     (d) Support and enhance programs that provide for the care and

protection of animals pursuant to state anticruelty laws.

     (e) Purchase equipment and supplies for programs that receive

grants under this act.

     (4) The department shall make grants to organizations

described in subsection (2)(b) only for 1 or both of the following

purposes:

     (a) To increase the number of dogs and cats that are

sterilized and adopted.

     (b) To provide information to the public about the value of

sterilization and adoption of dogs and cats.

     (5) The department shall not approve a grant under this act to

an organization described in subsection (2)(b) unless the

organization has complied with section 9a of 1969 PA 287, MCL

287.339a.

     (6) A grant received under this act shall not be used to

replace funds otherwise designated by a grantee to support similar

programs or projects if existing funds for those programs or

projects are included in the grantee's budget before receiving a

grant under this act.

     Sec. 6. An organization that receives a grant under this act

shall provide a written report of activities funded by the grant to

the department annually on a form prescribed by the department.

     Sec. 7. (1) An organization that receives a grant under this

act that does not comply with the provisions of this act or the

terms of the grant as determined by the department is not eligible

for any future grant under this act.

     (2) An organization that receives a grant under this act that

does not comply with the provisions of this act or the terms of the

grant shall be required to repay to the department the amount of

the grant, or a portion of the grant, as determined by the

department.

     Enacting section 1. This act does not take effect unless

Senate Bill No. 347 of the 94th Legislature is enacted into law.