March 14, 2006, Introduced by Reps. Nitz, Schuitmaker, Proos, Baxter, Mayes, Sheltrown, Casperson and Emmons and referred to the Committee on Agriculture.
A bill to amend 1988 PA 466, entitled
"Animal industry act,"
by amending section 14 (MCL 287.714), as amended by 2002 PA 458.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 14. (1) If the director determines that the control or
eradication of a disease or condition of livestock warrants entry
onto property where livestock or domestic animals are located, the
director shall order the entry onto property where livestock or
domestic animals are located and authorize seizure, slaughter,
destruction, or other disposition of individual livestock or
domestic animals or the entire herd, flock, or school. If the
director has signed an order for the slaughter, destruction, or
other disposition of livestock or domestic animals, or if the
director has signed an order confirming the loss of livestock or
domestic animals due to cougar depredation, the director shall
notify the attorney general and the house and senate appropriations
committees and the department of management and budget on the issue
of indemnity under this section. The director may approve
facilities and procedures for the orderly disposal of animals,
animal products, and animal feeds for the purpose of controlling or
preventing the spread of an infectious, contagious, or
toxicological disease. The director may select a site or method for
the disposal with the advice of the director of the department of
environmental quality.
(2) The director may, under rules promulgated by the
department, allow indemnification for the slaughter, destruction,
or other disposition of livestock or domestic animals due to
livestock diseases or toxicological contamination. If the director
has signed an order for the slaughter, destruction, or other
disposition of livestock or domestic animals, the owner may apply
for indemnification. The director shall appraise and inventory the
condemned livestock or domestic animals. The appraisals and
inventories shall be on forms approved by the director. The
director shall use agricultural pricing information from commercial
livestock or domestic animal auction markets and other livestock or
domestic animal market information as determined by the director to
determine the value of condemned livestock or domestic animals.
(3) The director may, under rules promulgated by the
department, allow indemnification for the loss of livestock or
domestic animals due to cougar depredation. If the director has
signed an order confirming the loss of livestock or domestic
animals due to cougar depredation, the owner may apply for
indemnification. The director shall appraise and inventory the
livestock or domestic animals. The appraisal and inventories shall
be on forms approved by the director. The director shall use
agricultural pricing information from commercial livestock or
domestic animal market information as determined by the director to
determine the value of the livestock or domestic animals.
(4) (3)
Except as otherwise provided in subsection (5)
(6), indemnification for individual livestock or domestic animals
within a herd, flock, or school shall be based upon 100% of the
fair market value of that type of livestock or domestic animal on
the date of the appraisal and marketable for the purpose for which
the livestock or domestic animal was intended, not to exceed
$4,000.00 for each livestock or domestic animal. The appraisal
determination shall not delay the slaughter, destruction, or
disposition of the livestock or domestic animals. The
indemnification amount under this subsection shall include a
deduction for any compensation received, or to be received, from
any other source including, but not limited to, indemnification by
the United States department of agriculture, insurance, salvage
value, or any monetary value obtained to encourage disposal of
infected or exposed livestock or domestic animals in accordance
with a disease control or eradication program. The owner shall
furnish to the department all records indicating other sources of
indemnity. An affidavit signed by the owner attesting to the amount
of compensation for the livestock received or to be received from
any other source shall accompany the appraisal certificate before
indemnification under this section.
(5) (4)
Except as otherwise provided in subsection (5)
(6), indemnification for entire herd, flock, or school
depopulations of livestock or domestic animals shall be based upon
100% of the fair market value of that type of animal on the date of
the appraisal and marketable for the purpose for which the
livestock or domestic animal was intended, not to exceed an average
of $4,000.00 per animal in the flock, herd, or school. The
appraisal determination shall not delay depopulation. The
indemnification amount under this section shall include a deduction
for any compensation received, or to be received, from any other
source including, but not limited to, indemnification by the United
States department of agriculture, insurance, salvage value, or any
monetary value obtained to encourage disposal of infected or
exposed livestock or domestic animals in accordance with a disease
control or eradication program. The owner shall furnish to the
department all records indicating other sources of indemnity. An
affidavit signed by the owner attesting to the amount of
compensation for the livestock or domestic animals received, or to
be received, from any other source shall accompany the appraisal
certificate prior to indemnification under this section.
(6) (5)
The department may provide for indemnity pursuant to
this section not to exceed $100,000.00 per order, from any line
item in the annual budget for the department in the applicable
fiscal year. Any agreement greater than $100,000.00 entered into
between the department and an owner of livestock shall contain a
provision indicating that, notwithstanding the terms of the
agreement, indemnification shall be subject to specific
appropriations by the legislature and not be paid from department
funds.
(7) (6)
Acceptance of compensation under this act
constitutes a full and complete release of any claim the owner has
against the state of Michigan, its departments, agencies, officers,
employees, agents, and contractors to the extent these persons were
acting on behalf of the state, within the scope of their employment
with the state or under the direction of the state, its
departments, agencies, officers, or employees, arising out of
testing, purchase, removal, slaughter, destruction, and other
disposition of the owner's animals.
(8) (7)
The right to indemnity from the state for animals
condemned and ordered slaughtered, destroyed, or otherwise disposed
of by the director, or for cougar depredation, applies only to
native livestock and native domestic animals. Indemnification shall
not apply to livestock or domestic animals determined by the
department to be imported without meeting import requirements such
as official interstate health certificate or official interstate
certificate of veterinary inspection, required testing, required
vaccination, or for livestock or domestic animals determined by the
department to have been illegally moved within this state. An owner
is not entitled to indemnity from the state for an animal that
comes into the possession of the owner with the owner's knowledge
that the animal is diseased or is suspected of having been exposed
to an infectious, contagious, or toxicological disease. In
addition, the director shall not indemnify an owner for animals
that
have been exposed to an animal that comes in to into the
possession of the owner with the owner's knowledge that the animal
is diseased or is suspected of having been exposed to an
infectious, contagious, or toxicological disease.
(9) (8)
A premises that has been depopulated shall be
cleaned and disinfected as prescribed by the director.
(10) (9)
Repopulation of the premises, except as approved by
the director, shall not confer eligibility for future indemnity
under this section.
(11) (10)
The department may cooperate and coordinate with
the secretary of the United States department of agriculture or the
secretary's authorized representative or other governmental
departments or agencies regarding indemnification under this
section.
(12) (11)
Not less than annually, within 60 days after the
close
of the fiscal year, the director shall
make a written
submit a report to the standing committees of the house of
representatives and senate having jurisdiction on agricultural and
farming
issues. The report will shall
include the following:
(a) The amount expended by the department for bovine
tuberculosis eradication during the preceding fiscal year.
(b) An explanation of the expenditures made by the department
for bovine tuberculosis eradication during the preceding fiscal
year.
(c) The status of bovine tuberculosis eradication efforts in
Michigan.
(13) (12)
Not less than annually, within 60 days after the
close of the fiscal year, the director of the department of natural
resources
shall make a written submit a report to the
standing
committees of the house of representatives and senate having
jurisdiction on
over agricultural and farming issues. The report
will
shall include the following:
(a) The amount expended by the department of natural resources
for bovine tuberculosis eradication during the preceding fiscal
year.
(b) An explanation of the expenditures made by the department
of natural resources for bovine tuberculosis eradication during the
preceding fiscal year.
(14) Not less than annually, within 60 days after the close of
the fiscal year, the director shall submit a report to the standing
committees of the house of representatives and the senate having
jurisdiction over agricultural and farming issues that indicates
the amount expended by the department and any other federal or
state agency or department for indemnification of livestock and
domestic animals due to cougar depredation during the preceding
fiscal year.
(15) As used in this section, "cougar" means puma concolor and
any of its subspecies.