The 2017-18 Michigan Legislature session is winding down.
Lawmakers return from summer recess on September 5. The legislature House will meet only 9 days before the November 6 election. Then, House and Senate will meet another 14 days in “Lame Duck” session until final adjournment on December 20.
It promises to be an interesting 100 days.
“Some major themes emerged…”
Recap of the Session
Some major themes emerged from a review of the animal-related bills introduced (note, very few have passed; many have not yet received a committee hearing) since the session began in January 2017. See our Legislative Tracker (below) for details on the bills. Here’s what the legislature has been up to:
Key: No committee hearing Committee reported favorably Passed House or Senate Signed into law
- Strengthening animal crime laws
- Mandatory minimum sentences for animal fighting (SB 413)
- Establish degrees first, second, and third degrees of killing or torturing an animal with enhaned penaties; extend law to breeders and pet shops (HB 4332, SB 276)
- Increase penalties for animal neglect committed in presence of minor (HB 4025)
- Close loophole in animal fighting ban (HB 6255)
- Prohibit ownership, possession, breeding, sale, and importing of nonhuman primates (HB 6032)
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- Reforming or reorganizing existing statutes regarding practices and procedures
- Adoption of dogs seized for animal fighting (SB 416, 710)
- Revision of Dangerous Dog Law (SB 708, 709)
- Declaw, devocalization regulation (HB 6030, 6031, 6034)
- Major overhaul of Animal Industry Act (HB 6205)
- Revising the Large Carnivore Act
- Expand entities allowed to breed (HB 5778, 6050); or not (HB 6182)
- Topical Issues
- “Puppy Mill Bills” (HB 5916, 5917): “Qualified pet shop” may sell dogs obtained from large scale breeders (a/k/a “puppy mills”); pre-empts local regulation
- Animals in Hot Cars (SB 496, HB 5063)
- Service/Support (HB 5645 has passed allowing Courtroom Support Dogs; SB 663, HB 5188, 5281, 5356, 5357)
- Prevent local governments from enacting Breed Specific Legislation (SB 741)
- Natural Resources
- Efforts to control Natural Resources Commission authority (SB 316 has passed expanding frog hunting; HB 5321, 5441)
- Resolutions calling on the NRC to institute sandhill crane hunting (HR 154), and on Congress to remove wolves from the Endangered Species Act (SR 105), both of which passed
- Farmed Animals
- Little activity on this front, other than bill delaying effective date for higher standards for egg-laying hens, but provides for enforcement, broader coverage (SB 660)
- Pro-animal policies
- DV prevention and treatment board includes animals (HB 4026)
- Cross Reporting between investigators of animal, child abuse (HB 4441, 4442, 4443)
- Shelter pet is offical state pet (HB 5069)
- Regulation of pet insurance (SB 648)
- Appointment of advocate to represent an animal’s interest or the interests of justice, in prosecutions regarding the treatment, welfare or custody of the animal (HB 6029)
What to expect
” ‘Puppy Mill’ bills, which we oppose and which seemed on a fast-track this spring,
were slowed by a determined and organized opposition”
Under normal procedure, all bills must have a committee hearing, pass the House or Senate, and then go through the same process in the other chamber. Any differences between the two versions of the bill must be ironed out. However, if the political will is there, all steps can be accomplished quickly. This is particularly true in “Lame Duck” session, where legislators are freed from the constraints that may be imposed on their votes by the prospect of a looming election.
As a general rule, bills that have been moving, and especially moving quickly, (see the Key, above, to determine a bill’s status: no committee hearing, committee reported favorably, passed House or Senate, signed into law) have a better chance to continue moving toward passage. Several caveats:
- A bill that has moved in one chamber may not in the other
- Consider when the bill was introduced; a flurry of bills were dropped just as the legislature was adjourning for summer recess, so obviously have not had any activity
We don’t have a crystal ball, but we are keeping a close eye on:
- Various measures to strengthen the animal crimes statute: however, there may be some resistence to legislation creating longer sentences
- “Puppy Mill” bills, which we oppose (read why) and which seemed on a fast-track this spring, but were slowed by a determined and organized opposition
- Allowing adoption of fighting animals, banning BSL and modernizing the Dangerous Dog statute are priorities among most animal law experts and practitioners in the state
- Large Carnivore Act revisions, which pose the risk of unintended consequences under one bill, but which could be quickly and easily be remedied by another (read our assessment)
- Two pressing issues that need attention in MI, but the existing bills need work:
- Service/support animal regulation
- Animals unattended in vehicles
- Complex bills that need a thorough analysis, which is difficult in the end-of-session rush (e.g., the bill overhauling the Animal Industry Act, which runs 80+ pages)
- Several pending bills would boost Michigan’s credentials as a pro-animal state, but have not moved this session; these would be at the top of our wish list:
- DV prevention and treatment board includes animals
- Cross-reporting
- Appointment of an advocate to represent animals’ interest
- We’ve received information that other pro-animal bills may be introduced this fall. We’ll be following those and reporting to you.
A word about Congress…and a Call to Action
Farm Bill
Congress passes a major farm bill every 5 years. The bill often includes riders that impact animal welfare in a positive or negative way. This year’s bill is no exception. Both House and Senate have passed different versions, and currently a conference committee with members from both the US House and Senate are working out a compromise.
The House version (but not the Senate) contains the very dangerous King Amendment (H.R. 4879) which would force states to authorize the sale of “any agricultural product” not prohibited under federal law; prevents many animal welfare provisions that have passed by states.
On the other hand, the following 3 bills are pro-animal and should be included in the final Farm Bill:
- PAWS (Pet and Women Safety) Act (S. 322, H.R. 909)
- Dog and Cat Meat Prohibition Act (H.R. 1406)
- PACE (Parity in Animal Cruelty Enforcement) Act would extend animal fighting prohibitions to US territories (S. 2971)
The negotiations are occuring now. Please call your US Senators and US Representatives to urge exclusion of the King Amendment, and inclusion of the animal-friendly provisions in the Farm Bill.
Endangered Species Act
Various factions have long sought to revamp this major piece of legislation dating to 1973, and now they see an opening. We will follow closely — and report — any developments to de-list or down-list various species (such as wolves); as well as attempts to weaken the ESA by major revisions that would encourage piecemeal enforcement, downplay the role of science and make decisions less transparent.
