Michigan Laws 287.338b – Animal control shelter or animal protection shelter; use of ICHAT to determine prior criminal history for animal abuse offense; subsection (1) inapplicable to pet shop; section to be referred to
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Terms Used In Michigan Laws 287.338b
- animal: means a mammal except livestock as defined in 1937 PA 284, MCL 287. See Michigan Laws 287.331
- Animal abuse offense: means 1 or more of the following, but does not include the lawful use of an animal to hunt or to participate in field trials or the lawful killing or other use of an animal in farming or a generally accepted animal husbandry or farming practice involving livestock:
(i) A violation of section 49 of the Michigan penal code, 1931 PA 328, MCL 750. See Michigan Laws 287.331Animal control shelter: means a facility operated by a municipality for the impoundment and care of animals that are found in the streets or at large, animals that are otherwise held due to the violation of a municipal ordinance or state law, or animals that are surrendered to the animal control shelter. See Michigan Laws 287.331 Animal protection shelter: means a facility operated by a person, humane society, society for the prevention of cruelty to animals, or any other nonprofit organization for the care of homeless animals. See Michigan Laws 287.331 ICHAT: means the internet criminal history access tool maintained by the department of state police. See Michigan Laws 287.331 Pet shop: means a place where animals are sold or offered for sale, exchange, or transfer. See Michigan Laws 287.331
(1) Before allowing an individual to adopt an animal, an animal control shelter or animal protection shelter may conduct a search using ICHAT to determine whether that individual has a prior criminal history for an animal abuse offense.
(2) An animal control shelter or animal protection shelter does not violate this act if the animal control shelter or animal protection shelter searches for an individual on ICHAT allowed under subsection (1) and the search fails to disclose that the individual has a prior criminal history for an animal abuse offense.
(3) Subsection (1) does not apply to a pet shop that allows an animal protection shelter to use pet shop resources, including, but not limited to, the pet shop’s premises, facilities, employees, equipment, and advertising for pet adoptions, or to a pet shop that works with an animal protection shelter but does not perform adoptions except as an agent of the animal protection shelter. A pet shop described in this subsection is not an animal protection shelter and is not liable for any pet adoptions performed by an animal protection shelter.
(4) This section may be referred to as “Logan’s law”.
(5) For purposes of this section and section 8c only, “animal” means a vertebrate other than a human being.