SERVICE ANIMALS: TRAINERS & RAISERS                                                     H.B. 4256:

                                                                                                    SUMMARY OF BILL

                                                                                     REPORTED FROM COMMITTEE

House Bill 4256 (as reported without amendment)

Sponsor:  Representative Tommy Brann

House Committee:  Regulatory Reform

Senate Committee:  Regulatory Reform

CONTENT

The bill would amend the Michigan Penal Code to modify provisions requiring a public accommodation to accommodate a person with a disability's service animal to require a public accommodation also to accommodate a trainer or animal raiser.

Generally, under the Penal Code, a public accommodation (as defined under Federal law) must modify its policies, practices, and procedures to allow the use of a service animal by a person with a disability. The bill would require a public accommodation to modify its policies, practices, and procedures to permit the use of a service animal by a trainer or animal raiser, if the trainer or animal raiser were accompanied by the service animal for the purpose of training or socializing the service animal.

Under the Code, a public accommodation that violates the provisions pertaining to a public accommodation's requirements to accommodate a person's service animal is guilty of a misdemeanor. Under the bill, this also would apply to the bill's provisions. (Under Section 504 of the Code, if a person is convicted of a crime designated by State law to be a misdemeanor for which no punishment is specially prescribed, he or she is guilty of a misdemeanor punishable by up to 90 days' imprisonment or a fine of not more than $500, or both.)

MCL 750.502c                                                       Legislative Analyst:  Stephen Jackson

FISCAL IMPACT

The bill could have an indeterminate fiscal impact on the State and local units of government. The bill could result in an increase in misdemeanor convictions that would have a negative fiscal impact on State and local government. New misdemeanor arrests and convictions under the bill could increase resource demands on law enforcement, court systems, community supervision, and jails. However, it is unknown how many people would be prosecuted under the bill's provisions. Any additional revenue from imposed fines would go to local libraries.

Date Completed:  2-10-22                                              Fiscal Analyst:  Joe Carrasco, Jr.

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.