Substitute For

SENATE BILL NO. 148

"An act to license and regulate dealers in and research facilities using dogs and cats for research purposes; and to repeal certain acts and parts of acts,"

by amending section 12 (MCL 287.392) and by adding sections 11a and 12a.

the people of the state of michigan enact:

Sec. 11a. (1) By March 31 each year, a research facility that uses dogs or cats shall submit a report to, and on a form provided by, the department that includes all of the following information regarding the preceding calendar year:

(a) The total number of dogs and cats owned by the research facility.

(b) The total number of dogs and cats that are used for laboratory research conducted at the research facility.

(2) The department shall use the information provided on a report submitted under subsection (1) for purposes of determining compliance under section 8a and shall not make any information provided on the report available on the department’s website.

Sec. 12. (1) Any Except as provided in subsection (2), a person who that violates any of the provisions of this act is guilty of a misdemeanor.

(2) If a research facility violates section 8a or 11a, the department, after notice and opportunity for a hearing under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, may impose an administrative fine as follows:

(a) If the violation involved 1 dog or cat, a fine of not more than $1,000.00.

(b) If the violation involved 2 or 3 dogs or cats, a fine of not more than $2,000.00.

(c) If the violation involved 4 or more dogs or cats but fewer than 10 dogs or cats or the research facility has 1 prior violation under section 8a or 11a, a fine of not more than $3,000.00.

(d) If the violation involved 10 or more dogs or cats but fewer than 25 dogs or cats or the research facility has 2 prior violations under section 8a or 11a, a fine of not more than $5,000.00

(e) If the violation involved 25 or more dogs or cats or the research facility has 3 or more prior violations under section 8a or 11a, a fine of not more than $10,000.00.

(3) The department shall advise the attorney general of the failure of a person to pay an administrative fine under subsection (2). The attorney general shall bring an action to enforce compliance with sections 8a and 11a and recover the administrative fine, actual costs and fees, and attorney fees. The court shall triple the administrative fine as part of any monetary judgment.

(4) An administrative fine collected under subsection (2) must be deposited into the laboratory animal fund created under section 12a.

(5) One year after the effective date of the amendatory act that amended this section, the department may issue a warning for a violation of section 8a or 11a instead of imposing an administrative fine under subsection (2).

Sec. 12a. (1) The laboratory animal fund is created within the state treasury.

(2) The state treasurer may receive the administrative fines collected under section 12(2) for deposit into the laboratory animal fund. The state treasurer may also receive money or other assets from any other source for deposit into the laboratory animal fund. The state treasurer shall credit to the laboratory animal fund interest and earnings from fund investments.

(3) Money in the laboratory animal fund at the close of the fiscal year remains in the laboratory animal fund and does not lapse to the general fund.

(4) The department is the administrator of the laboratory animal fund for auditing purposes. The department shall expend money from the laboratory animal fund to administer sections 8a, 11a, and 12.

Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 149 of the 102nd Legislature is enacted into law.