shiawasseecounty.net

This was voted on, and passed at today's Committee of the Whole meeting. It now goes to the full Board of Commissioner's meeting on Thursday.

Somebody asked me what I thought about allowing the Humane Society to issue dog licenses all year long. Big mistake (asking me - besides doing that). BIG MISTAKE TO ADD YET ANOTHER ILLEGAL PROCEDURE TO THE COUNTY'S REPERTOIRE OF ALREADY ILLEGAL DOG RELATED ISSUES. OH WELL, THIS IS SHIAWASSEE COUNTY. Currently after March 1, everyone has to buy their dog license from the county treasurer. Ya know what? That is part of the job, by law.


The Dog Law of 1919 has provisions for the county treasurer, a township treasurer, city treasurer, or city clerk to sell dog licenses. Nowhere does it say "A veterinarian may sell dog licenses", as is done in Shiawassee County and it certainly doesn't say anything about the Humane Society selling dog licenses. Very, very dumb idea.

First, there has to be proof of a rabies vaccination before anyone can purchase a dog license. That almost makes sense to buy the license from a vet, because you pretty much have to take the dog to a vet to get the vaccination. The Humane Society doesn't have a vet on duty and even if they did, puppies are not old enough at the young age many are adopted.

THE DOG LAW OF 1919 says

MCL 287.274 Application for license blanks and tags; issuance of dog licenses and tags; fee; return of unused tags, books, and receipts; contents of receipt; paying over money; resolution providing that clerk perform duties of treasurer.

Sec. 14. (1) Every township or city treasurer shall, on or before December 1 each year, apply to the county treasurer for necessary license blanks and tags for the ensuing year and shall issue dog licenses and tags in a manner prescribed for issuing licenses by the county treasurer. Every township or city treasurer shall receive for the services of licensing dogs a reasonable fee at a rate determined by the county board of commissioners for each dog license issued.

(2) Each township or city treasurer shall not later than March 1 each year return to the county treasurer all unused tags, and the book or books from which dog licenses have been issued, containing receipts properly filled out, and showing the name of the person issued each license and the number of each license issued and a full description of each dog licensed. The township or city treasurer shall on or before March 1 each year pay over all money received for issuing licenses less the amount set by the board of commissioners to be retained by the township or village for each license issued.

(3) A city may, by resolution of its legislative body, provide that its clerk shall perform the duties by this act imposed on the treasurer. Upon the adoption of the resolution, the treasurer of a city is not required to issue licenses under this act but the clerk of the city shall perform, in the manner and under the terms and conditions, and with the same compensation, all of the duties imposed upon city treasurers by this act.

(4) A township treasurer, city treasurer, or city clerk may enter an agreement with the county treasurer for the county treasurer to perform the duties of the township treasurer, city treasurer, or city clerk under this act.

History: 1919, Act 339, Eff. Aug. 14, 1919 ;--Am. 1921, Act 310, Eff. Aug. 18, 1921 ;--Am. 1925, Act 322, Eff. Aug. 27, 1925 ;--CL 1929, 5258 ;--Am. 1933, Act 79, Imd. Eff. May 19, 1933 ;--Am. 1947, Act 168, Eff. Oct. 11, 1947 ;--CL 1948, 287.274 ;--Am. 1977, Act 317, Imd. Eff. Jan. 9, 1978 ;--Am. 1998, Act 390, Imd. Eff. Nov. 30, 1998 .

MCL 287.275 County treasurer's record; inspection.

Sec. 15. The county treasurer shall keep a record of all dog licenses, and all kennel licenses, issued during the year in each city and township in his or her county. Such record shall contain the name and address of the person to whom each license is issued and the expiration date of each license. For an individual license, the record shall also state the breed, sex, age, color, and markings of the dog licensed; and for a kennel license, it shall state the place where the business is conducted. The record is a public record and shall be open to inspection during business hours. The county treasurer shall also keep an accurate record of all license fees collected by the county treasurer or paid over to him or her by any city or township treasurer.

History: 1919, Act 339, Eff. Aug. 14, 1919 ;--CL 1929, 5259 ;--CL 1948, 287.275 ;--Am. 1998, Act 390, Imd. Eff. Nov. 30, 1998 .

I emailed the above to the county commissioners.

At today's meeting Cmr Johnson brought this up, Cmr Stewart commented that he had received the same and Cmr Pavlica, then they voted to table it for 30 days so the prosecutor can look into it.

hmmmmm................

So, I just emailed this to them:

At the request of some larger counties, the Michigan legislature made the below provisions in the dog law to alleviate the workload on the county treasurer's who were complaining about all this dog license work at the same time they were doing all the tax collecting work. It seems to have worked for those counties and it could very well provide some relief for our own.

Counties that have adopted the three (3) year plan have provided a financial incentive to purchasing the 3 year license by reducing the 3 year rate slightly. The 3 year license theoretically reduces the work to 1/3. But there are other benefits. Expiring at the dog's rabies vaccination expiration will eventually spread the renewals throughout the year. Thus spreading the workload. It will also increase revenue for you greedy souls.

Many of these counties provide online dog license renewal, and renewal by mail, as well.


MCL 287.266 Dog licenses; application; resolution; provisions; proof of vaccination.
Sec. 6.
(3) The county board of commissioners of a county may adopt a resolution during the 60-day period before the beginning of the county's fiscal year providing when the owner of a dog that is required to be licensed under subsection (1) must apply for a license. Before adopting the resolution, the county board of commissioners shall obtain the county treasurer's written approval of the resolution.

Subject to subsection (4), the resolution shall provide for 1 of the following:

(a) That the owner apply for a license by March 1 every year or every third year, at the owner's option.

(b) That the owner apply for a license by the last day of the month of the dog's current rabies vaccination, every year.

(c) That the owner apply for a license by the last day of the month of the dog's current rabies vaccination or of the anniversary of the dog's current rabies vaccination, every third year.

(d) That the owner apply for a license by 1 of the following, at the owner's option:

(i) The last day of the month of the dog's current rabies vaccination every year.

(ii) The last day of the month of the dog's current rabies vaccination or of the anniversary of the dog's current rabies vaccination, every third year.

(4) A resolution adopted under subsection (3) shall include necessary provisions for conversion to a new licensing schedule. The resolution may extend the effective period of outstanding licenses but shall not shorten the effective period of outstanding licenses or prorate license fees.

(5) The application shall state the breed, sex, age, color, and markings of the dog, and the name and address of the last previous owner. The application for a license shall be accompanied by a valid certificate of a current vaccination for rabies, with a vaccine licensed by the United States department of agriculture, signed by an accredited veterinarian. The certificate for vaccination for rabies shall state the month and year of expiration for the rabies vaccination, in the veterinarian's opinion.

A license shall not be issued under subsection (3)(b), (c), or (d) if the dog's current rabies vaccination will expire more than 1 month before the date on which that license would expire. When applying for a license, the owner shall pay the license fee provided for in the county budget.


The county board of commissioners may set license fees in the county budget at a level sufficient to pay all the county's expenses of administering this act as it pertains to dogs.

(Oh yeah,,there is still that little problem of grossly overcharging for dog licenses!!!! )

For a spayed or neutered dog, the license fee, if any, shall be set lower than the license fee for a dog that is not spayed or neutered.

In addition, the license fee may be set higher for a delinquent application than for a timely application.

(6) The owner of a dog that is required to be licensed under this section shall keep the dog currently vaccinated against rabies by an accredited veterinarian with a vaccine licensed by the United States department of agriculture.

History: 1919, Act 339, Eff. Aug. 14, 1919 ;--Am. 1925, Act 322, Eff. Aug. 27, 1925 ;--Am. 1927, Act 53, Eff. Sept. 5, 1927 ;--CL 1929, 5250 ;--Am. 1933, Act 79, Imd. Eff. May 19, 1933 ;--Am. 1935, Act 17, Eff. Sept. 21, 1935 ;--Am. 1937, Act 47, Imd. Eff. May 18, 1937 ;--Am. 1947, Act 171, Eff. Oct. 11, 1947 ;--CL 1948, 287.266 ;--Am. 1949, Act 35, Eff. Sept. 23, 1949 ;--Am. 1953, Act 172, Imd. Eff. June 4, 1953 ;--Am. 1969, Act 195, Eff. Mar. 20, 1970 ;--Am. 1971, Act 229, Eff. Mar. 30, 1972 ;--Am. 1998, Act 390, Imd. Eff. Nov. 30, 1998 .

Kaylor, are you against the vets and Humane Society selling the licenses? If so, why?

Humane Society awaiting county decision on sale of dog licenses

By GARY GOULD

Argus-Press Staff Writer

The Shiawassee Humane Society will have to wait until next month to find out whether it can sell dog licenses to the public.

The organization asked the Shiawassee County Board of Commissioners last week to approve a request that would allow it to sell dog licenses to people who adopt a pet from its kennel.

Commissioners, acting on an e-mail sent to them by a resident, decided to seek a legal opinion from the county prosecutor as to whether or not it is legal for the Humane Society to sell dog licenses.

“Allowing them to sell licenses may not be proper according to the law,” said County Commissioner Jack Johnson.

According to Sandy Wright, executive director of the Shiawassee Humane Society, the organization’s intention is to only sell licenses to people who adopt a pet from them — not just to anyone who needs a dog license.

“What we had proposed was to only sell to our adopters,” she said. “We provide a spay and neutering ticket prior to a dog leaving our facility — we wanted to make sure anyone who adopts a dog could also obtain a license.”

She said the Capital Humane Society in Lansing offers a similar service to residents of Ingham County, one that has never been challenged by the law.

County Prosecutor Randy Colbry was unable to say whether he thinks the practice would be legal or not, but told the Board he would look into the matter.

“I’ll do the research if the board can hold off,” he told commissioners. “Give me 30 days to look into it.”

Colbry asked the Board to table the request until its September meeting while he does the necessary research. The Board unanimously approved tabling the item.

Wright said the Humane Society would await the Board's decision.

Thx FoxFire.....I missed that one.

"She said the Capital Humane Society in Lansing offers a similar service to residents of Ingham County, one that has never been challenged by the law."

Yeah, we really need to copy more from Ingham County ...HA!

Right there, right under the legislature's noses they thumb their noses at the legislature's laws. Too funny.

That would be "challenged in court" by anyone, not "by the law". Obviously "the law" doesn't give a rip. Person or persons would have to file a lawsuit and have the court decide. As FoxFire said, we don't all want to run to court over every little thing, but we should still be able to expect our commissioners to obey the law.

Leona Helmslee said "You hire people to do a job. You pay them to do it. You expect them to do it." etc The Queen of Mean, but that was on TV yesterday. Seems reasonable up to that point. What she did after that ????

We elected, we pay and I think we have a right to expect our elected officials to do the job we pay them to do and to do it within the law. We certainly don't expect our elected officials to act outside the law.

They should know, when they do act outside the law, they no longer have immunity protections from prosecution or civil suits.

My thoughts exactly.

I don't think the fact that they would be available from other places besides the treasurers office and / or make them available elsewhere is an attempt at that office doing less work, but more of a convenience to the people buying the licenses.

Although I'm sure that the extra few minutes a day that the treasurer's office would normally spend selling each tag is going to be spent staring aimlessly into space thinking they really put one over on the citizens this time. Give me a break, if you are going to complain about something, do it about something that is important and worthwhile, not some petty topic like this. Got any idea how many homeless kid's we've got in our county Kaylor? What bout elderly who have to choose between their meds or food? What is the percentage of abused children in our area? Or spouses for that matter. How many kids have dropped out of school in the last year or so Kaylor?

Are you saying you are in favor of our county commissioners doing things they have no authority to do? Things that actually violate state law?

Not at all. If the law doesn't work, change it. J walking is illegal too along with probably dozens of other silly laws that are not enforced.

What I am saying is that there are way too many people spend too much time on more/less petty issues like this when there are other larger issues that are major problems in our community. Put your effort where it's needed and can do the most good. I don't mean to make this sound personal either, because it's not, it was just your posting that made me think of it.

I certainly agree with you that there are issues that need addressing.

For now, the state law says who is to sell dog licenses and we pay a lot of legislators to make those laws. They must have a reason for it.

The law could be changed. But it has not been changed.

I think it is important that our own elected officials do not thumb their noses at the law. jmho but I don't see that leading anywhere we want to go.

Even though it is against the law, is it hurting anyone if the local vets are selling the licenses? Is it costing us more for them to do this? Why is it such a big deal if the Humane Society does sell the tags to dogs that are adopted out from there, and old enough? Animal Control sells them, why not the Humane Society also? If it's costing us more to have these conveniences, then I agree with only buying them at the court house. But if it isn't.....who cares? Personally, being able to buy mine from my vet is wonderful. The last time that I bought my licenses at the court house I had to take in a copy that my dogs had their rabies shots which meant that I had to go to my vet's office anyway. Another advantage for me getting them from the vet is that they are open on Saturdays. This law isn't a life or death one.

Currently the bulk of dog licenses are sold by veterinarians who get paid $3.00 for each license they sell.

With annual income around $158,000, that could mean as much as $67,000 paid out to the vets.

Seems like the treasurer could even hire a temp to just sell dog licenses for 3 months out of the year and still have plenty left over to go into the county's coffers.

The county loses a lot by having the vets sell them. Now they want the humane society to sell to only their adoptees. Bad idea. First of all, this is a public requirement. If the humane society sells them, then they should sell them to everyone. That would also generate a nice income for the humane society. But that money should be going into the county's treasury! NOT the humane society's. Secondly, that doesn't mean that everyone who adopts a dog would be able to buy a license, as they state.

They can do that now and just as easily.
They acquire a dog, they take it to a vet, they get a rabies shot, and they get a license.

Doesn't matter where they get the license, it is another step they have to go through in any event and would gain absolutely nothing by having licenses for sale by the humane society.

That is, if it is even legal for the County Commissioners to delegate a duty of the County Treasurer away from the County Treasurer. I don't believe it is. The County Commissioners definitely do not have the authority to do that. Could they take over one of the sheriff's duties? I don't think so. Elected officials have their duties defined by law, by state law and these puny little county commissioners do not have the authority to change that.

If the treasurer stands idly by and allows that to happen, then the treasurer is not doing the job s/he was elected to do.

If the treasurer is asking the board of commissioners to do this, then maybe they all better go back to the Michigan Compiled Laws and educate themselves on the specific duties of their office.

It is remotely possible that the treasurer could authorize somebody to sell dog licenses. But that is something the treasurer would have to do, NOT the board of commissioners. I don't believe the law ever intended for that to happen. There is too much written into the dog law about who should be selling dog licenses and no where does it say the treasurer may arbitrarily give any part of his job to anyone else not under his direct employ/supervision.

Currently that takes a tidy sum away from the county's income. That should cease. Bring it back to the county and invest in some software to maintain a reasonable record of dog licenses.

The best plan is to establish a 3 year license (reduces workload on the treasurer's office) and even put an online application form on the county website, advertise available by mail. There used to be something on the tax bills about renewing your dog licenses. That is a good plan. The Humane Society selling dog licenses is another very bad idea on top of the already bad idea of selling through the veterinarians.

The idea was to have a central location for recording rabies vaccinations in order to prevent people excruciating pain.

If you are bitten by a dog and you don't know if it has had a rabies shot, I think they still put you through a series of extremely painful treatments to make sure you don't get rabies. If there is a record of the vaccination, they don't put you through the treatment. If that has changed, then maybe 'we' need to reconsider this whole dog license business.

If your dog bites somebody and you have to provide the proof of vaccination then why does the county treasurer need to keep a record of it?

I have never believed dog licenses were a necessity. Just a way to tax people for something they love dearly and would not part with.

Our county treasurer could not find a record of a specific dog's license if his life depended on it.

A rabies vaccination is necessary and proof of such is all that should be required. But the law still requires a license at this time. The revenue generated by that license should remain in the county's funds and not be foolishly given away.

Hasn't changed.....this treatment isn't any fun, or so I've heard.

Rabies is a disease humans may get from being bitten by an animal infected with the rabies virus. Rabies has been recognized for over 4,000 years. Yet, despite great advances in diagnosing and preventing it, today rabies is almost always deadly in humans who contract it and do not receive treatment.

Although rabies in humans is very rare in the United States, between 16,000 and 39,000 people receive preventive medical treatment each year after being exposed to a potentially rabid animal.

Cats are the most common domestic animals with rabies in the United States.
(I'm not joking about licensing cats! At least require rabies vaccination.)

Dogs are the most common domestic rabid animals worldwide.
(Not so much in the U.S. due to due diligence of maintaining rabies vaccinations)

If you have been bitten and the animal does not appear overtly ill at the time, then the animal will be observed by local health authorities for 10 days. If the animal remains well during that period, you will not need rabies shots.

If you are bitten and if the animal has the potential for rabies and is unavailable for observation or sacrifice and examination, then you will be given rabies shots in the emergency department.

A one-time injection of human rabies immune globulin (or HRIG), which is a substance that provides rapid, short-term protection against rabies then injection of a series of vaccine doses to provide protection against rabies after an exposure

http://www.emedicinehealth.com/rabies/article_em.htm

aha......today's board of commissioner's meeting they brought the issue off the table and Cmr Pavlica withdrew his motion, Cmr Fuja withdrew his support and the issue was dropped.

Prosecutor Colbry told them no action was required by them.

Treasurer Dwyer commented in the background something to the effect that if he had the authority to do that then he would do so on his own.

aha......more later

I know yer jes dyin' to hear it all............