March 2, 2011, Introduced by Senator HUNE 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 issue an order the entry onto authorizing a person
to
enter the property where livestock
or domestic animals are
located
and authorize seizure,
slaughter, destruction, seize,
slaughter,
destroy, or other disposition otherwise dispose 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,
the director shall notify the attorney general and the house and
senate appropriations committees and the department of technology,
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 of the
livestock
or domestic animals may apply for
indemnification. The If
the owner applies 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) Except as otherwise provided in subsection (5),
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 of the
livestock or domestic animals 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 and shall be submitted before
indemnification is paid under this section.
(4) Except as otherwise provided in subsection (5),
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 of the livestock or domestic animals 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 and shall be
submitted before indemnification
is paid under this section.
(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 state fiscal
year. Any agreement greater than $100,000.00 entered into between
the department and an owner of livestock or domestic animals 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.
(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.
(7) The right to indemnity from the state for animals
condemned and ordered slaughtered, destroyed, or otherwise disposed
of by the director applies only to native livestock and native
domestic
animals. Indemnification shall does
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 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.
(8) A premises that has been depopulated shall be cleaned and
disinfected as prescribed by the director.
(9) Repopulation of the premises, except as approved by the
director, shall not confer eligibility for future indemnity under
this section.
(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.
(11)
Not less than annually, within Within
60 days after the
close
of the each state fiscal year, the director shall make submit
a written report to the standing committees of the house of
representatives and senate having jurisdiction on agricultural and
farming
issues. The report will shall
include all of 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.
(12)
Not less than annually, within Within
60 days after the
close
of the each state fiscal year, the director of the department
of
natural resources shall make submit
a written report to the
standing committees of the house of representatives and senate
having jurisdiction on agricultural and farming issues. The report
will
shall include all
of 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.