DEFINITIONS OF "ANIMAL"

IN PET SHOP/SHELTER LAW

House Bill 4186 as reported from committee w/o amendment

Sponsor:  Rep. Julie Alexander

Committee:  Agriculture                                                                       (Public Act 24 of 2017)

Complete to 2-22-17

SUMMARY:

House Bill 4186 would change the recently amended Pet Shop-Animal Shelter Law so that two separate definitions of the term "animal" would apply in different sections of the act.

Public Act 393 of 2016 added a Section 8b, coined "Logan's Law," which allows an animal control shelter or animal protection shelter to use ICHAT to consider an individual's criminal history when that individual seeks to adopt an animal.  Public Act 394 of 2016 added Section 8c, known as the "Animal Adoption Protection Act," which then allows the shelter to deny an individual from adopting an animal if the individual has been convicted of an animal abuse offense, unless a period of at least five years have elapsed since the conviction.

For those two new criminal history sections added last year, which are due to take effect March 29, the term "animal" means "a vertebrate other than a human being."  HB 4186 retains that definition for those two sections.  (Vertebrates include mammals, birds, reptiles, amphibians, and fishes.) 

For the rest of the act, under HB 4186, the term "animal" refers to "mammals, except rodents and livestock."  This is the current definition in law, but without this bill, it would be eliminated when the 2016 amendments take effect in March. Eliminating that definition would impact farm animals, by bringing them, and rodents, under all sections of the act, and it is not the intent of the legislature to do so. Restoring the definition to other sections would not affect the sections creating Logan's Law and the Animal Adoption Protection Act.

FISCAL IMPACT:

The Michigan Department of Agriculture and Rural Development indicated the bill represents a technical correction to the Pet Shop Law and has no direct fiscal impact.[1]

POSITIONS:

The Michigan Department of Agriculture and Rural Development indicated support for the bill. (2-15-17)

The Michigan Farm Bureau was neutral on the bill. (2-15-17)

The Humane Society of the United States was neutral on the bill. (2-22-17)

                                                                                        Legislative Analyst:   Emily S. Smith

                                                                                                Fiscal Analyst:   William E. Hamilton

■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.

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