September 24, 2008, Introduced by Rep. 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 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, 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) 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 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.
(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 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.
(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.
(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 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 60 days after the close of
the fiscal year, the director shall make a written report to the
standing committees of the house of representatives and senate
having jurisdiction on agricultural and farming issues. The report
will 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.
(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 report to the standing committees of
the house of representatives and senate having jurisdiction on
agricultural and farming issues. The report will 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.