Bill Summary – FastDemocracy

Legislative Analysis
PROHIBIT PET SHOP SALE OF DOGS, CATS, AND RABBITS                            Phone: (517) 373-8080
                                                                             http://www.house.mi.gov/hfa
House Bill 4838 as introduced
                                                                             Analysis available at
Sponsor: Rep. Penelope Tsernoglou                                            http://www.legislature.mi.gov
Committee: Government Operations
Revised 5-28-24
SUMMARY:
       House Bill 4838 would amend 1969 PA 287, which regulates pet shops and animal shelters, to
       prohibit a pet shop from selling a dog, cat, or rabbit, beginning July 1, 2025. A person violating
       this prohibition would be subject to a civil fine of up to $500 per violation, with each animal
       considered a separate violation. The bill also would revise the act’s definitions of the terms pet
       shop and animal protection shelter.
       Under the bill, beginning July 1, 2025, a pet shop could not sell, adopt, exchange, or transfer a
       dog, cat, or rabbit or offer a dog, cat, or rabbit for sale, adoption, exchange, or transfer.
       However, a pet shop could collaborate with, and offer space to, an animal control shelter or
       animal protection shelter to showcase adoptable dogs, cats, or rabbits—but it could not retain
       an adoption fee or any other fee for providing space to a dog, cat, or rabbit showcased under
       these provisions.
               Currently, pet shop means a place where animals are sold or offered for sale, exchange,
               or transfer. The bill would instead define pet shop as a brick-and-mortar commercial
               establishment that sells or offers for sale at retail animals that are not bred at the
               establishment.
               Rabbit would mean a domestic rabbit of any age of the species Oryctolagus cuniculus
               domesticus.
               Animal control shelter means a facility operated by a county, city, village, or township
               for the impoundment and care of animals that are found in the streets or at large,
               animals that are otherwise held due to the violation of a municipal ordinance or state
               law, or animals that are surrendered to the animal control shelter.
               Currently, animal protection shelter means a facility operated by a person, humane
               society, society for the prevention of cruelty to animals, or any other nonprofit
               organization for the care of homeless animals. The bill would limit the term to mean
               only a not-for-profit facility operated by an entity described above.
       A person that violates the above prohibition would be subject to a civil fine of up to $500 for
       each violation, with each dog, cat, or rabbit sold, adopted, exchanged, or transferred, or offered
       for sale, adoption, exchange, or transfer in violation considered a separate violation. The
       prosecutor of the county where the violation occurred or the attorney general could bring an
       action to collect the fine.
       Finally, the bill would amend provisions that now apply to the sale of dogs and cats by pet
       shops to provide that they only apply through June 30, 2025.
       MCL 287.331, 287.335a, and 287.340
House Fiscal Agency                                                                           Page 1 of 2
FISCAL IMPACT:
       House Bill 4838 would have an indeterminate fiscal impact on the state and on local units of
       government. The fiscal impact would depend on the number of people found in violation and
       ordered to pay a civil fine of not more than $500. Revenue collected from payment of civil
       fines is used to support public and county law libraries. Also, under section 8827(4) of the
       Revised Judicature Act, a judge can order $10 of the civil fine to be deposited into the state’s
       Justice System Fund (JSF), which supports various justice-related endeavors in the judicial
       branch and legislative branches of government and the Departments of State Police,
       Corrections, Health and Human Services, and Treasury. The fiscal impact on local court
       systems would depend on how provisions of the bill affect court caseloads and related
       administrative costs. Because there is no practical way to determine the number of violations
       that will occur, estimates of fine revenue and costs to local courts cannot be made.
       The bill would authorize the Department of Attorney General (AG) to bring a civil action to
       recover civil fines from pet shops. The number of civil actions brought as a result of the bill
       would likely not result in any additional costs to the AG. However, if existing AG staff were
       insufficient to provide the required legal services, additional state costs of approximately
       $100,000 annually for any additional support staff FTE position and $200,000 annually for any
       additional attorney FTE position may be required.
                                                          Legislative Analyst: Rick Yuille
                                                             Fiscal Analysts: Robin Risko
                                                                               Michael Cnossen
■ 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.
House Fiscal Agency                                                  HB 4838 as introduced   Page 2 of 2
Statutes affected: 
House Introduced Bill: 287.331