Legislation

State Legislation

Hoarding of Animals, Chained Dogs, and Pet Safety during Transport (HB 5946, Rep. Warren)

The Michigan Humane Society developed legislation that would further strengthen Michigan’s anti-cruelty law. Several key issues are addressed including the hoarding of animals, tethered dogs and the safety of pets during transportation.

Hoarding of Animals

• “Animal Hoarding” occurs when an individual possesses a large number of animals and fails to provide them with basic care and sanitary conditions.
• Individuals may fail to understand that a problem exists, even when animals in their care may be sick or dying.
• Hoarding currently has nearly a 100% recidivism rate.
• This legislation will define animal hoarding in the law, allowing courts to recognize this act of animal cruelty and hand down appropriate sentences, including psychological counseling when indicated.

Restrictions on Tethering

• “Tethering,” also commonly referred to as chaining, poses several safety hazards for dogs.
• Tethered dogs suffer from restricted movement, and the possibility of becoming tangled in the chain, which can lead to strangulation and death.
• This legislation would require that a “swivel” be added on both ends of the tether to prevent tangling.
• By establishing a minimum of five feet tether length, small dogs will have more freedom of movement.
• The tether may not be used as a collar.

Safety during Transport

• This bill includes provisions that would prevent animals from falling or jumping out of a vehicle by the use of humane restraint.
• Would also require protection from the elements during transport.

Current Status: Referred to the Committe on Judiciary

Companion Animal Welfare Fund (SBs 349 & 350, Sen. Valde Garcia):
When passed, these bills would allow taxpayers to either designate a portion of their state income tax refund, or make a voluntary donation, to a new interest-bearing Companion Animal Welfare Fund in the state Treasury. The fund would make monetary grants to animal welfare groups for implementing innovative animal sterilization and adoption programs in our state.

Current Status : SB 350 passed both the House and the Senate and has been signed by the Governor!

Consecutive Sentencing for Animal Cruelty (HB 4552, Rep. Pam Byrnes ):

• Permits consecutive sentencing for felony level cruelty cases, which could result in longer sentences for those who intentionally harm animals.
  

Current Status as of 12/14/07: HB 4552 was referred to the Senate Judiciary Committee.

Pound Seizure (HB 5263, Rep. Coleman Young)
This bill would establish a ban on Class B Dealers. Class B dealers are individuals or organizations who purchase animals from shelters, newspaper ads, and other random sources to sell for laboratory research. There are two Class B dealers currently operating in Michigan.
Current Status as of 9/28/07: Referred to the Committee on Regulatory Reform.

Pet Shop Licensing (HB 4860, Rep. Paul Condino):
HB 4860 would maintain the current range of pet shop license fees at $100-200 dollars per year. The bill also enables the Dept. of Agriculture to adjust the fee every three years based on changes in the Detroit Consumer Price Index. Funds generated from this fee will be deposited into a new Agriculture Licensing and Inspection Fund and would support the inspection and licensing of pet shops and animal shelters.
Current Status as of 10/1/07: This bill has been approved by the Governor and will take immediate effect as PA 79'07.

Sex Offender Registry (HB 4139, Rep. Rick Jones):
This bill would add those convicted of sodomy of an animal to the sex offender registry.
Current Status as of 7/2/07: Referred to the Committee on Family and Children’s services.

Dining with Dogs (HB 5000, Rep. Tonya Schuitmaker):
HB 5000 makes it legal for food service establishments to allow the presence of a leashed dog in outdoor service areas.
Current Status as of 7/20/07: Referred to the House Committee on Regulatory Reform.

Promoting Anti-Violence Policy in Schools (HB 4162, Rep. Pam Byrnes; HB 4091, Rep. Aldo Vagnozzi; SB 107, Rep. Glenn Anderson):
This bill asks that schools develop and implement an anti-bullying and harassment policy and task force that will offer programs to staff, faculty, and students. Schools may be interested in sponsoring humane education programs in order to fulfill this requirement.
Current Status as of 4/17/07: HB 4162 and HB 4091 were introduced to the Senate and referred to the Committee on Education.

Protection of Pets of Domestic Violence Victims (HB 4742, Bieda, HB 4743, Condino):
Under Michigan law, abusing an animal is a felony punishable by up to four years in prison. If the proposed legislation passes, abusing or threatening to abuse an animal as an act of domestic violence would increase the maximum penalty to six years imprisonment. These bills also offer additional protection for those who have requested a Personal Protection Order. The additional provisions will prohibit the individual being restrained by the Personal Protection Order from threatening to or actually neglecting, injuring or killing the victim’s animal. Furthermore, they cannot try and remove the animal from the victim’s possession or prevent the victim from taking their animal with them.
Current Status as of 5/10/07: These bills were introduced and referred to the Committee on Judiciary.

Holding Owners Responsible for Dog Bites (HB 4065, Rep. Jeff Mayes, SB 346, Sen. Van Woerkom):
If these bills become law, it will be illegal for dog and wolf hybrid owners to leave the scene of a bite caused by their canine. According to this legislation, dog owners must remain on the scene to exchange information, and wait for emergency services to arrive. Should owners fail to wait at the scene, they would face a misdemeanor charge, punishable by up to 93 days in jail and a $500 fine.
Current Status as of 3/14/07: SB 346 was referred to the Senate Committee on Judiciary.

Alternatives to Dissection (HB 4218, Rep. Robert Jones):
Michigan Public Schools may soon have to offer students an alternative to dissection if a student objects on moral grounds. Instead of the actual dissection of an animal, students might use a computer model or similar method to learn the required material.
Current Status as of 2/8/07: This legislation was introduced to the House and referred to the House Committee on Education.

Dog Racing Prohibition ( SB 626, Senator Cropsey)

SB 626 would prohibit dog racing in Michigan. Although there are no tracks operating in Michigan at this time, the bill has been proposed to ensure none can be established in the future.
Current Status: SB 626 has been passed in the Senate and referred to the House Committee on Regulatory Reform.

State Animal Regulation:

Wolf Management Roundtable: REPORT ISSUED!
The Michigan Humane Society is proud to have represented animal welfare interests on the Wolf Management Roundtable convened by the Michigan Department of Natural Resources (MDNR) during 2006. Comprised of 20 politically diverse organizations, the group met biweekly for six months and was charged with coming to consensus on a set of guiding principles for wolf management. The gray wolf is an endangered species that is scheduled for de-listing by the federal government due to its recovery in Michigan and several other northern states. There are currently an estimated 400 wolves in the Upper Peninsula. The report from the group addresses predation issues through step-wise approaches (non-lethal whenever possible), and promotes minimizing risks while maximizing benefits of living in harmony with wolves. An emphasis on education and research regarding wolves was included. The hunting of wolves for non-management purposes was not endorsed in the report. A copy is available at http://www.michigan.gov/documents/dnr/Final_Roundtable_Report_178862_7.pdf.

Canada Goose Coalition Team: UPDATE
The coalition met again in Lansing in February for an update of the 2007 season. However, the egg program will not be expanded to other urban communities experiencing goose problems. The permit based egg removal program will again be offered to landowners in Macomb, Oakland, and Wayne Counties. The deadline each year to sign up for the free program is April 1 at (248) 359-9040. The state plans to survey past participants in egg and round up/transport programs to determine their popularity and perceived efficacy. Other States surrounding Michigan are expanding their egg programs, while reducing transport programs. The group also heard a presentation by Geese Peace, a private non-profit that teaches communities how to implement humane diversified goose management programs. Geese Peace is interested in partnering with a Michigan community. Learn more at http://www.geesepeace.org/.

Federal Legislation

Human and Pet Food Safety Act (HR 2108, S 1274):
Due to the controversy surrounding the recent pet food recalls, several bills have been introduced that seek to improve the safety of pet food. In order to gain certification to import food, international companies would be required to meet or exceed the standards for the food safety program in the United States. Companies would have to be re-evaluated and certified every five years. Food from foreign countries who deny inspection may be prohibited importation. Within 18 months of the passage of this Act, processing and ingredient standards for pet food will have to be established, and labeling standards must be updated. Furthermore, an early warning and surveillance system will be established to identify potential pet food contaminants and track pet food cause illnesses. The Food and Drug Administration will also be given the power to execute mandatory recalls.
Current Status as of 5/2/07: HR 2108 was referred to the House Committee on Energy and Commerce. S1274 was referred to the Committee on Health, Education, Labor, and Pensions.

Safeguarding Companion Animals from Laboratory Research (HR 1280):
An amendment to the Animal Welfare Act which would ban Class B Dealers may be on the horizon. Class B dealers are individuals or organizations who purchase animals from shelters, newspaper ads, and other random sources to sell for laboratory research. Class B dealers are regulated by the USDA, but are difficult to track because they acquire the animals from random sources, and can rarely prove where the animals came from. Currently, there are 15 Class B dealers in the United States, two of which are located in Michigan. This legislation would put an end to pound seizure by requiring that research facilities only purchase animals from individuals who have bred or raised the animals.
Current Status as of 3/20/2007: This bill was referred to House Subcommittee on Livestock, Dairy, and Poultry.

Ban on Horse Slaughter for Human Consumption (HR 503, S 311):
Last year, both the House and the Senate proposed bills that would in effect ban horse slaughter for human consumption. Horse meat is exported to France, Japan and other countries. While the bill passed in the House, it did not make it through the Senate before the session adjourned. However, both bills were reintroduced in the first session of the 110 th Congress. The bills would amend the Horse Protection Act to prohibit the transportation of horses for purposes of slaughter for human consumption. HR 503 has been referred to the Committee on Agriculture and the Committee on Energy and Commerce on January 17. S 311 was read twice and referred to the Committee on Commerce, Science, and Transportation on January 17.

Although the federal government has proposed this ban, states are also taking individual action. Currently, there are three horse processing plants in the United States – two in Texas and one in Illinois. On January 19, the 5 th U.S. Circuit Court of Appeals in New Orleans ruled that horse slaughter for human consumption was illegal in Texas. While this has temporarily ended slaughter for human consumption, the plants are still processing horses for pet food. However, the two horse processing plants are planning an appeal. In addition, on February 22, Illinois introduced a bill that would ban horse slaughter for human consumption.

While most humane groups support this federal legislation, the American Veterinary Medical Association (AVMA) and others oppose it on the grounds that it limits options for up to 100,000 unwanted horses annually. The AVMA and 200 other horse interest groups oppose the federal legislation and are attempting to draft a viable alternative.

A federal district court recently issued a ruling that in effect stopped the slaughter of horses for human consumption. The question of what to do with these unwanted horses still remains a subject of concern.
Current Status as of 4/25/07: S311 was passed by the Senate.

Wild-Free Roaming Horses and Burros (HR 249):
HR 249 would prohibit the sale and slaughter of wild free-roaming horses and burros. Until the passage of the Burns Amendment in 2005, wild horses had been protected from both sale and slaughter for the past 33 years. The Burns Amendment was introduced as part of a lengthy appropriations bill, which legislators had little time to review. During the 2006 legislative session, a bill was introduced to repeal this amendment, however the session ended before any further action was taken.
Current Status as of 4/26/07: HR 249 was passed in the House and referred to the Senate Committee on Energy and Natural Resources.

Dog and Cat Fur Prohibition Act (HR 891):
This act would prohibit the importation, exportation, manufacturing, selling and advertising of dog or cat fur in the United States. Currently, companies are not always required to label their products accurately when the price of the product does not exceed 150 dollars. This Act would require that Companies that sell fur products indicate what type of fur was used in their product in the product label.
Current Status as of 2/20/07: This bill was referred to the Subcommittee on Trade.