HB-5917, As Passed Senate, December 13, 2018

SUBSTITUTE FOR

HOUSE BILL NO. 5917

     A bill to prohibit a local unit of government from enacting or

enforcing an ordinance, policy, resolution, or rule that

arbitrarily bans a qualified pet shop located in that local unit of

government; and to prescribe the powers and duties of certain local

officers and officials.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 1. (1) The governing body of a local unit of government

shall not enact or enforce an ordinance, policy, resolution, or

rule that arbitrarily bans a qualified pet shop located in a

business district of that local unit of government.

     (2) Any provision in an ordinance, policy, resolution, or rule

adopted by the governing body of a local unit of government on or

after the effective date of this act that violates this act is void

and unenforceable.

     (3) Notwithstanding subsections (1) and (2), a qualified pet

shop is subject to any otherwise applicable requirements of a

zoning ordinance adopted by a local unit of government under the

Michigan zoning enabling act, 2006 PA 110, MCL 125.3101 to

125.3702.

     (4) As used in this act:

     (a) "Business district" means an area of a local unit of

government zoned and used primarily for business.

     (b) "Governing body" means the body in which the legislative

powers of a local unit of government are vested.

     (c) "Local unit of government" means a county, city, village,

or township.

     (d) "Qualified pet shop" means a pet shop that complies with

all of the requirements in section 5b of 1969 PA 287, MCL 287.335b.

     Enacting section 1. This act takes effect 90 days after the

date it is enacted into law.

     Enacting section 2. This act does not take effect unless House

Bill No. 5916 of the 99th Legislature is enacted into law.