SENATE BILL No. 208

 

 

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.