HB-5822, As Passed House, March 9, 2010

SUBSTITUTE FOR

HOUSE BILL NO. 5822

     A bill to amend 1976 PA 328, entitled

"An act to regulate animals running at large; to provide for

compensation for damage done by animals running at large; to

prescribe penalties; and to repeal certain acts and parts of acts,"

by amending section 1 (MCL 433.11) and by adding section 4a; and to

repeal acts and parts of acts.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 1. As used in this act:

     (a) "Animal "Animals" means cattle, horses, sheep, swine,

mules, burros, or goats.

     (b) "Owner" means a person who has a right of property in an

animal, a person who keeps or harbors an animal or has it in his or

her care, or a person who permits an animal to remain on or about

the premises occupied by him or her.

     (c) "Animal running "Running at large" means refers to an

animal not under the control of the an owner and not on the an

owner's premises.

     Sec. 4a. (1) Swine running at large on public or private

property are a public nuisance.

     (2) A local animal control officer appointed under the dog law

of 1919, 1919 PA 339, MCL 287.261 to 287.290, or a law enforcement

officer may kill a swine running at large on public or private

property.

     (3) A person who possesses a license to carry a concealed

pistol issued under 1927 PA 372, MCL 28.421 to 28.435, or a valid

hunting license for any game issued under part 435 of the natural

resources and environmental protection act, 1994 PA 451, MCL

324.43501 to 324.43561, may kill a swine running at large on public

property. A person may kill swine running at large on private

property if the person is, or is accompanied by or has the

permission of, the owner or lessee of the property.

     (4) Subsection (3) does not authorize the discharge of a bow

and arrow, crossbow, or firearm in an area where the discharge of

that weapon, or hunting with that weapon, is prohibited by an

ordinance adopted pursuant to part 419 of the natural resources and

environmental protection act, 1994 PA 451, MCL 324.41901 to

324.41905.

     Enacting section 1. Section 10 of 1976 PA 328, MCL 433.20, is

repealed.