HB-5823, As Passed Senate, May 5, 2010

SUBSTITUTE FOR

HOUSE BILL NO. 5823

     A bill to amend 1959 PA 66, entitled

"An act to prohibit the running at large on or the grazing upon any

land owned by or under the control of the department of

conservation, by cattle, horses, sheep and swine; to provide for

the enforcement of this act; and to prescribe penalties for the

violation of the provisions of this act,"

by amending the title and sections 1, 2, 3, 4, 5, 6, 7, 9, 10, and

11 (MCL 322.581, 322.582, 322.583, 322.584, 322.585, 322.586,

322.587, 322.589, 322.590, and 322.591) and by adding section 12.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

TITLE

     An act to prohibit the running at large on or the grazing upon

any land owned by or under the control of the department of

conservation natural resources and environment, by cattle, horses,

sheep, and swine; to provide for the enforcement of this act; and

House Bill No. 5823 (H-1) as amended March 9, 2010

to prescribe penalties for the violation of the provisions of this

act.

     Sec. 1. (1) No cattle, horses, sheep or swine shall As used in

this act:

     (a) "Animals" means cattle, horses, sheep, or swine.

     (b) "Department" means the department of natural resources and

environment.

     (c) "Director" means the director of the department of natural

resources and environment.

     (2) The owner of any animal shall not allow the animal to run

at large or graze upon any lands owned by or under the control of

the department of conservation except under authority of a written

permit issued by the director. of conservation.

     (3) The owner of any swine shall not permit the swine to run

at large or graze upon any lands owned by or under the control of

the department. Swine running at large are a public nuisance.

     Sec. 2. (1) The director of conservation [shall may] take

 possession

of any animal found grazing or running at large in violation of

section 1. of this act and he shall not be held

     (2) The director is not civilly nor or criminally liable for

so doing complying with subsection (1).

     Sec. 3. Whenever If the director of conservation seizes any

animals animal under section 2, he the director shall impound them

in some it in a suitable place and furnish them it with suitable

care, food, and water as long as they remain it remains impounded.

     Sec. 4. Within 48 hours after the impounding of any animal

under section 2, the director of conservation shall post in 3

conspicuous places in the township where the animals were animal

was seized a written notice of the impounding. , which The notice

shall contain the place, date, and reason for the seizure and the

number and description of the animals impounded.

     Sec. 5. If no a person appears does not appear to claim the

animals an animal impounded under section 2 within 7 days after the

date of impounding, the director of conservation shall sell them

the animal by auction in the county where they are it is impounded.

, first advertising The director shall first advertise the sale by

posting a notice thereof in 3 conspicuous places in the county not

less than 5 days before the sale and by serving a copy of said the

notice on the owner of such animals if such the animal if the owner

is known and resides in said the county.

     Sec. 6. If, at any time prior to 24 hours immediately

preceding the date and hour fixed for the sale, the owner files

with the director, of conservation, in writing, a statement under

oath that he or she is the owner of said animals the animal and

pays to the director of conservation a sum of 50 cents per head for

each day each the animal was impounded, the animals shall thereupon

be delivered director shall deliver the animal to the owner.

thereof. If the owner refuses or neglects to pay the sum due, the

director of conservation shall sell the animals animal at auction

as provided in section 5.

     Sec. 7. If any animals that have been impounded in accordance

with the provisions of this act escape animal impounded under

section 2 escapes, the director of conservation at any time within

7 days thereafter may retake the animals animal and hold and

dispose of them it as provided in this act, as if no escape had

taken place.

     Sec. 9. All moneys money received by the director of

conservation from the sale provided for in section 5 shall be

deposited with the state treasurer in accordance with established

accounting procedure and law and, after all costs and expenses for

rounding up, impounding, caring for, feeding, advertising, and

selling such animals the animal as certified by the director shall

have been paid therefrom, the balance remaining shall be held in

trust by the state treasurer for a period of 90 days. If within 90

days after such the sale the previous owner of the animals shall

satisfactorily establish his claim thereto to the director of

conservation, said money shall be paid over to him animal at the

time of seizure establishes to the satisfaction of the director his

or her previous ownership of the animal, the balance held in trust

shall be paid to the previous owner by the state treasurer. If the

previous owner shall does not appear within such 90 day the 90-day

period, then the state treasurer shall credit said moneys the

balance held in trust to the general fund of the this state. All

moneys money received by the director of conservation under the

provisions of section 6 shall be deposited with the state treasurer

in accordance with the law and established accounting procedure and

credited to the general fund of the this state.

     Sec. 10. Nothing in this act shall be deemed to This act does

not relieve an owner of any animals so impounded animal of any

criminal liability or penalty which may be otherwise provided by

law for allowing or permitting animals to graze or run at large on

lands owned by or under the control of the department. of

conservation.

     Sec. 11. The terms and conditions of the permits and for the

sale of animals impounded under authority of this act section 2

shall be determined by the director. of conservation.

     Sec. 12. This act does not limit authority provided under

section 4a of 1976 PA 328, MCL 433.14a, to kill swine running at

large.

     Enacting section 1. This amendatory act does not take effect

unless Senate Bill No. 1136 or House Bill No. 5822 of the 95th

Legislature is enacted into law.