HB 6317

HOUSE BILL NO. 6317
A bill to promote the welfare and care of
community cats; to promote the establishment and implementation of community
cat programs; and to exempt community cats and certain persons from certain
statutes and local ordinances concerning the care, treatment, and possession or
ownership of cats.
the people of the state of michigan enact:
Sec. 1. As used in this
act:
(a) "Animal control officer" means a county, city,
village, or township animal control officer as described in sections 29a, 29b,
and 29c of the dog law of 1919, 1919 PA 339, MCL 287.289a, 287.289b, and
287.289c.
(b) "Animal shelter" means an animal control shelter
or animal protection shelter as those terms are defined in section 1 of 1969 PA 287, MCL 287.331.
(c) "Cat" means a member of the species Felis
catus.
(d) "Community cat" means a free-roaming cat that
does not have a visibly discernable identification or
microchip identification. Community cat
includes, but is not limited to, any of the following:
(i)
A cat that has been ear-tipped to indicate that the cat is sterilized,
vaccinated against rabies, and currently part of a community cat program.
(ii)
A cat that is known to be currently under the care of 1 or more residents in
the area where the cat is found.
(iii)
A cat that is found outside with no valid identification or is not known to be under the care of 1 or more residents in
the area where the cat is found that is
brought to an animal shelter and determined to not be sterilized, vaccinated
against rabies, or ear-tipped.
(e) "Community cat caretaker" means a person that
provides care to a community cat in the form of food, water, shelter, and
veterinary care.
(f) "Community cat colony" means a group of cats
that congregate together. Community cat colony includes a colony in which
community cats and cats that are owned by or in the possession of a person, as
determined by the law of this state or a local ordinance, regulation, or
resolution, congregate together.
(g) "Community cat program" means a program under
which a community cat is humanely trapped, sterilized, vaccinated against
rabies, ear-tipped, and returned to the location where the
cat was found.
(h) "Ear-tipped" means approximately 1/4 inch of the
tip of a cat's left ear has been removed in a straight line to indicate that
the cat is sterilized and vaccinated against
rabies.
(i) "Sponsor" means a
person that operates a community cat program. Sponsor includes, but is
not limited to, an animal shelter, a nonprofit organization for animals, an
animal rescue organization, or an animal adoption organization.
Sec. 2. The following do
not apply to a community cat:
(a) Any licensing requirement, at-large provision, or feeding
ban under a law of this state or under a local ordinance, regulation, or
resolution.
(b) Any law of this state or any local ordinance, regulation,
or resolution that applies to an animal that is owned by or in the possession
of a person, as determined by the law of this state or a local ordinance,
regulation, or resolution.
Sec. 3. (1) Subject to
subsection (2), a sponsor may release a community cat received by the sponsor before the expiration of any required holding period
for stray animals imposed under a law of this state or a local ordinance,
regulation, or resolution. The sponsor may release the community cat into the
community at large, at the location where the cat was found,
or to a sponsor.
(2) A sponsor shall not release a community cat under
subsection (1) unless before the cat's release
the cat is, or is determined to be, sterilized, vaccinated against rabies, and
ear-tipped. A sponsor shall not ear-tip a community cat unless the cat is
anesthetized during the procedure.
Sec. 4. (1) A sponsor or
community cat caretaker that is operating as a participant in a community cat
program shall not be considered under any law of this state or any local
ordinance, regulation, or resolution, the
owner, custodian, harborer, possessor, or keeper of a community cat that is
under the care of the sponsor or caretaker.
(2) The care and treatment of a community cat is not exempt
from any law of this state or any local ordinance, regulation, or resolution
that prohibits cruelty to or neglect of animals.
(3) The release of a community cat at the location where the cat was found, after sterilization, vaccination
against rabies, and ear-tipping, must not be
considered abandonment under any law of this state or any local ordinance,
regulation, or resolution.
(4) A sponsor or community cat caretaker shall maintain for
not less than 3 years the sterilization and rabies vaccination records of a
community cat that is or was in the care of the sponsor or caretaker. The
sponsor or caretaker shall make the records available to an animal control
officer on reasonable request.
(5) This section does not limit the enforcement of any law of
this state or any local ordinance, regulation, or resolution that requires the
sterilization of a cat.
(6) A community cat must not
be included in the number of animals permitted to be owned by or under the care
of a person under any law of this state or any local ordinance, regulation, or
resolution as applied to a community cat sponsor or caretaker.
(7) A sponsor or community cat caretaker shall make reasonable
efforts to do all of the following:
(a) Ensure that a community cat that is under the care of the
sponsor or caretaker is sterilized, vaccinated against rabies, and ear-tipped.
(b) Humanely trap and remove socialized kittens and socialized
cats for adoptive placement.
(c) Arrange for veterinary care for a community cat that is
suffering from illness or injury.
Enacting section 1.
This act takes effect January 1, 2027.