July 23, 2008, Introduced by Reps. Condino, Kathleen Law, Byrum, Espinoza and Mayes and referred to the Committee on Agriculture.
A bill to amend 1988 PA 466, entitled
"Animal industry act,"
by amending sections 31 and 44 (MCL 287.731 and 287.744), section
31 as amended by 2003 PA 271 and section 44 as amended by 2002 PA
458, and by adding section 17.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 17. (1) A person shall not release swine and shall not
allow the release of swine owned or possessed by that person.
(2) If a swine is released, the person who was in possession
of the swine shall notify a local animal control officer appointed
under the dog law of 1919, 1919 PA 339, MCL 287.261 to 287.290, or
local law enforcement agency within 2 hours of the discovery of the
release, unless the swine has been recovered within that time.
(3) A person shall not import into this state live feral swine
or any crosses of feral swine without permission from the director.
(4) Beginning 180 days after the effective date of the
amendatory act that added this section, a person shall not do any
of the following:
(a) Own, possess, including, but not limited to, possession in
confinement on a shooting preserve, or transfer ownership or
possession of live swine for the purpose of shooting.
(b) Own, possess, including, but not limited to, possession in
confinement on a shooting preserve, or transfer ownership or
possession of live swine found running at large. This subdivision
does not prohibit either of the following:
(i) The temporary possession of trapped swine that were running
at large if the trapped swine are promptly euthanized.
(ii) The possession by an owner of his or her own swine that
are identified by an official identification and that are captured
by the owner for return to the owner's facility. Any swine returned
to a facility under this subparagraph shall be isolated from all
other animals until official testing with negative results are
obtained for pseudorabies virus and swine brucellosis. The testing
shall be done between 30 and 60 days after the swine are returned
to the facility.
(c) Engage in shooting of confined swine. This subdivision
does not prohibit shooting to depopulate confined swine if the
person shooting the swine does not pay consideration for shooting
or the opportunity to shoot the swine.
Sec. 31. (1) Any species having the potential to spread
serious diseases or parasites, to cause serious physical harm, or
to otherwise endanger native wildlife, human life, livestock,
domestic animals, or property, as determined by the director, shall
not be imported into this state. An order of the director under
this subsection applies to a genetically engineered variant of the
species identified in the order, unless the order expressly
provides otherwise. An order of the director under this subsection
may be limited to a genetically engineered organism.
(2)
The director may require compliance with any or all of the
following
before Before the importation of a wild animal or an
exotic animal species not regulated by the fish and wildlife
service of the United States department of interior or the
department of natural resources of this state, the director may
issue an order requiring 1 or more of the following:
(a)
Physical examination The
animal be physically examined by
an
accredited veterinarian be conducted after importation to
determine
the health status , and
proper housing, husbandry, and
confinement
of any the animal. permitted to enter this state.
(b)
Negative test results The
animal test negative to specific
official tests required by the director within a time frame before
importation into this state as determined by the director.
(c)
Identification prior to The
animal be identified before
importation in a manner approved by the director.
(3) An order of the director under subsection (2) applies to a
genetically engineered variant of the species identified in the
order, unless the order expressly provides otherwise. An order of
the director under subsection (2) may be limited to a genetically
engineered organism.
(4) An official interstate health certificate or official
interstate certificate of veterinary inspection signed by an
accredited veterinarian from the state of origin shall accompany
all wild animal or exotic animal species imported into this state.
The official interstate health certificate or official interstate
certificate
of veterinary inspection shall comply with all the
requirements
of section 20(1)(a), (b), (c), (d), (e), and (f)
section 20(1).
(5) A wild animal or exotic animal species permitted to enter
this state shall receive housing, feeding, restraining, and care
that is approved by the director.
(6)
A person shall not import or release live feral swine or
any
crosses of feral swine in this state for any purpose without
permission
from the director.
Sec. 44. (1) A person who commits 1 or more of the following
is guilty of a felony punishable by a fine of not less than
$1,000.00
and not more than $50,000.00, or imprisonment of for not
more than 5 years, or both, and shall not receive any
indemnification payments at the discretion of the director:
(a) Intentionally contaminating or exposing livestock to an
infectious, contagious, or toxicological disease for the purpose of
receiving indemnification from the state or causing the state to
destroy affected livestock.
(b) Intentionally making a false statement on an application
for indemnification or reimbursement from the state.
(c) Intentionally violating a condition of quarantine
authorized under section 12 or movement restrictions and other
requirements authorized under section 9.
(d) Intentionally importing into this state, without
permission from the director, diseased livestock or livestock
exposed to an infectious, contagious, or toxicological disease.
(e) Intentionally misrepresenting the health, medical status,
or prior treatment for an infectious, contagious, or toxicological
disease of livestock to facilitate movement or transfer of
ownership to another person.
(f) Intentionally infecting or contaminating an animal with,
or intentionally exposing an animal to, a reportable disease other
than for bona fide research as approved by a research institution
licensed
by the this state of Michigan or a federal agency.
(g) Intentionally releasing or allowing the release of feral
swine.
(2)
Except as otherwise provided under subsections (1) and (2)
subsection (1), a person who violates this act, a rule promulgated
under this act, a quarantine authorized under section 12, or
movement restrictions and other requirements authorized under
section 9 is guilty of a misdemeanor, punishable by a fine of not
less than $300.00 or imprisonment of not less than 30 days, or
both.
(3) The court may allow the department to recover reasonable
costs and attorney fees incurred in a prosecution resulting in a
conviction
for a violation of subsections (1) and subsection (1) or
(2). Costs assessed and recovered under this subsection shall be
paid to the state treasury and credited to the department for the
enforcement of this act.
(4) Except as otherwise provided in subsection (1), the
director, upon finding that a person has violated this act, a rule
promulgated under this act, a quarantine authorized under section
12, or movement restrictions and other requirements authorized
under section 9, may do the following:
(a) Issue a warning.
(b) Impose an administrative fine of not more than $1,000.00
for each violation after notice and an opportunity for a hearing
pursuant to the administrative procedures act of 1969, 1969 PA 306,
MCL 24.201 to 24.328.
(c) Issue an appearance ticket as described and authorized by
sections
9a to 9g of chapter 4 IV of the code of criminal
procedure, 1927 PA 175, MCL 764.9a to 764.9g, with a fine of not
less than $300.00 or imprisonment of not less than 30 days, or
both.
(5) The director shall advise the attorney general of the
failure
of any person to pay an administrative or civil fine
imposed under this section. The attorney general shall bring a
civil action in a court of competent jurisdiction to recover the
fine
and costs and fees including attorney fees. Civil penalties
and
administrative Administrative
fines collected shall be paid to
the state treasury.
(6) The remedies and sanctions under this act are independent
and cumulative. The use of a remedy or sanction under this act does
not bar other lawful remedies and sanctions and does not limit
criminal or civil liability. Notwithstanding the provisions of this
act, the department may bring an action to do 1 or more of the
following:
(a) Obtain a declaratory judgment that a method, act, or
practice is a violation of this act.
(b) Obtain an injunction against a person who is engaging, or
about to engage, in a method, act, or practice that violates this
act.