September 2016: Michigan Legislative Update

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A Review of Animal-Related Legislation 

Michigan legislators returned to the Capitol this month. The fall session will be a short one, due to the November election. This month has seen a flurry of activity on animal-related bills, with committee hearings on legislation introduced earlier, and several new bills introduced.

When the legislature adjourns later this year, the session will end. All pending legislation will die, but can be re-introduced after the 2017-18 session begins.

AFA voted to support all three bills and submitted testimony at the hearings. You can read our position statement on these bills at the links below. The Board will consider the recently introduced legislation at an upcoming meeting. Stay tuned!

Committee Hearings

(1) SB 239, House Local Government Committee hearing, September 7, 2016: the bill would prohibit a local unit of government from enacting an ordinance or rule that regulates a dog based solely on breed, perceived breed, or type of dog. Introduced by Sen. David B. Robertson, it passed the Senate on October 8, 2015. AFA submitted this statement in support of the bill. No vote was taken on this bill at the Sept. 7 hearing.

“Most of us intuitively understand that animals are widely considered as part of the family. … People are mobile, and, absent a statewide ban on BSL risk the choice between breaking the law and giving up a beloved pet,
when they move to another community.”
(AFA position statement, SB 239)

(2) SB 566, House Judiciary Committee, September 13, 2016: the bill would create the “Emergency Minor and Animal Rescue Act” to provide immunity from civil liability for a person breaking into a motor vehicle to rescue a minor or animal from death or injury, and provided the person meets certain conditions. Sen. Marty Knollenberg introduced the bill, which unanimously passed the Senate (one Senator not voting) on February 23, 2016. AFA submitted this statement in support of the bill with recommended technical changes regarding the grant of immunity.  No vote was taken on this bill at the Sept. 13 hearing.

“The bill addresses a serious animal welfare problem.
Twenty-three states have legislation dealing with animals left unattended in vehicles …
[It authorizes action by] members of the general public and
not just law enforcement, humane society representatives, firefighters or other officials.” 

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(AFA position statement, SB 566)

(3)  HB 5670 (substitute), House Criminal Justice Committee, September 20, 2016: the bill provides enhanced sentences for animal crimes committed in the presence of a minor child. Rep. Robert Kozowski introduced the bill, which acknowledges the fact, supported by empirical evidence, that children are harmed by witnessing animal abuse. AFA submitted this statement in support of the bill, and testified at the hearing.  The substitute bill passed 8-0; we are working with the sponsor so that the enhanced punishment extends to all types of animal abuse.

“Already this session, the Michigan legislature considered the scourge of animal abuse in the family setting.
 … You are part of the growing number of legislators around the country
who are both recognizing the deleterious effect of animal abuse on people,
and taking important steps to counter it.”
(AFA position statement, Sub HB 5670)

Newly Introduced Legislation

The following legislation has been introduced this month:

(1) HB 5929, Rep. Kosowski, referred to Criminal Justice Committee: Another bill which recognizes the connection between animal abuse and domestic violence, this legislation amends the Domestic Violence Prevention and Treatment Board to encompass animal victims. Significantly, the existing legislation provides funding for prevention and treatment.

(2) HB 5915 and 5916, Rep. Jon Hoadley, referred to Criminal Justice Committee: These bills define much more specifically “dangerous” and “potentially dangerous” dogs; provide a procedure for determining if a dog is dangerous; and create a 4 year felony for those violating the dangerous dog law. The sponsor says the definition is based on behavior, not on breed.