August 19, 2010, Introduced by Reps. Bolger, Crawford, Tyler, Lahti, Lindberg, Wayne Schmidt, Ball, Hansen, Horn, Booher, Meekhof, Lund, Denby and Kowall and referred to the Committee on Tourism, Outdoor Recreation and Natural Resources.
A bill to define, develop, and regulate raising of pigs as an
agricultural enterprise in this state; to provide powers and duties
of certain state agencies and departments; and to provide for
certain penalties and remedies.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the
"sporting swine marketing act".
Sec. 3. As used in this act:
(a) "Business plan" means a written document of intent that a
person submits to the department to define the methods, protocols,
or procedures that the person intends to implement for operations
that are in compliance with this act.
(b) "Biosecurity" means measures, actions, or precautions
taken to prevent the transmission of disease in, among, or between
privately owned swine species.
(c) "Cervidae livestock facility" means that term as defined
in section 2 of the privately owned cervidae producers marketing
act, 2000 PA 190, MCL 287.952.
(d) "Department" means the department of agriculture.
(e) "Director" means the director of the department or his or
her designee.
(f) "Farm operation" means that term as defined in the
Michigan right to farm act, 1981 PA 93, MCL 286.471 to 286.474.
(g) "Flush" or "flushed" means to move or chase wildlife from
the sporting swine livestock operation (Class II).
(h) "Identification" means any documentable system or process
that allows a person to recognize as separate or different an
individual animal.
(i) "Law enforcement officer" means a person appointed by the
state or a local governmental unit who is responsible for the
enforcement of the criminal laws of this state.
(j) "Owner" means the person who owns or is responsible for a
sporting swine livestock operation (Class II).
(k) "Person" means an individual, corporation, limited
liability corporation, partnership, association, joint venture, or
other legal entity.
(l) "Release" means to allow an animal to become located
outside the perimeter fence of a sporting swine estate (Class I)
not under the direct control of the owner.
(m) "Sporting swine estate (Class I)" means a privately owned
sporting swine operation on privately controlled lands capable of
holding and containing sporting swine species for the purpose of
hunting.
(n) "Sporting swine livestock operation (Class II)" means an
operation that contains 1 or more privately owned sporting swine
species involving the producing, growing, propagating, using,
harvesting, transporting, exporting, importing, or marketing of
sporting swine species or sporting swine products under an
appropriate license.
(o) "Sporting swine products" means any products, coproducts,
or by-products of sporting swine, including tusks, capes, hides,
meat, or any part of the animal.
(p) "Sporting swine species" means members of the swine
family.
Sec. 5. (1) The department shall administer this act. The
department of natural resources and environment shall provide
consultation.
(2) The department may conduct activities designed to develop
and assist the sporting swine industry in the manner provided for
by law.
Sec. 7. (1) A sporting swine livestock estate (Class I) is an
agricultural enterprise and is considered to be part of the farming
and agricultural industry of this state. The director shall assure
that sporting swine livestock operations (Class II) are afforded
all rights, privileges, opportunities, and responsibilities of
other agricultural enterprises.
(2) Sporting swine livestock operations (Class II) are a form
of agriculture. Sporting swine estates (Class I) and their
equipment are considered to be agricultural facilities and
equipment. Uses related to the farming of sporting swine species
are considered agricultural uses.
(3) Sporting swine products and sporting swine species
lawfully produced, purchased, possessed, or acquired from within
this state or imported into this state are the exclusive and
private property of the owner.
(4) Any movement, importing, or exporting of sporting swine
species or sporting swine products shall be in compliance with the
animal industry act, 1988 PA 466, MCL 287.701 to 287.746.
Sec. 9. (1) A person shall not engage in a sporting swine
livestock operation (Class II) unless he or she obtains from the
department a sporting swine estate (Class I) license or unless
otherwise exempt by rule or law. If the activity in which the
sporting swine estate (Class I) is engaged is required to be
regulated under any other act, licensure under this act does not
exempt the person or sporting swine estate (Class I) from
requirements imposed under any local, state, or federal regulation.
Zoos accredited under the American zoological association or other
accreditations or standards determined appropriate by and
acceptable to the department are exempt from this act.
(2) A person licensed under this act shall keep and maintain
records of production, purchases, or imports in order to establish
proof of ownership and shall keep any other records required under
section 11. A person transporting sporting swine species shall
produce documentation that contains the origin of shipment,
registration or permit copies or documentation, documentation
demonstrating shipping destination, and any other proof that may be
required under the animal industry act, 1988 PA 466, MCL 287.701 to
287.746, upon demand of the director or a law enforcement officer.
(3) A sporting swine estate (Class I) in existence on or
before the effective date of this act is required to obtain a
license under this act not later than January 1, 2011, in order to
continue engaging in a sporting swine livestock operation (Class
II) after the effective date of this act, subject to subsection
(4).
(4) A sporting swine livestock operation (Class II) must be
maintained to prevent captive sporting swine species from escaping.
Fencing must be a minimum of 10 feet high, a high-tensile game
fence, and cannot contain holes larger than 6 inches by 6 inches
below 4.5 feet. Fencing shall be approved by the department.
Sec. 11. (1) All imported and exported sporting swine must
have clearly visible individual official identification as defined
in the animal industry act, 1988 PA 466, MCL 287.701 to 287.746.
(2) Sporting swine must be cared for and managed as livestock.
(3) All sporting swine shall have a negative pseudorabies test
within 30 days before entering the sporting swine estate (Class I)
or must originate from a qualified negative PRV herd. The
department may require other appropriate tests after giving at
least a 30-day notice to all licensed sporting swine estates (Class
I).
(4) An owner shall keep records of all purchases and sporting
swine species harvested, including dates of sale and the names and
addresses of purchasers. Records shall be kept by the owner for a
minimum of 7 years and shall be available upon request of the
department.
(5) The owner or owner's designee shall conduct and complete a
weekly inspection of fencing and produce documentation verifying
the weekly inspection. The inspection documentation shall be
submitted annually to the department.
(6) As determined by the herd management plan, a blood sample
of hunter-killed swine must be drawn and sent to a department-
approved laboratory, at the expense of the owner, and tested for
pseudorabies, brucellosis, and any other disease the department
considers necessary. Results of all tests shall be sent to the
owner and to the department.
(7) Viscera and other body parts shall be disposed of in
accordance with 1982 PA 239, MCL 287.651 to 287.683.
(8) If a sporting swine is found to be positive for
psuedorabies or brucellosis, herd testing protocol established by
the department under the animal industry act, 1988 PA 466, MCL
287.701 to 287.746, must be followed. If the herd testing protocol
determines that the herd is positive, the director shall order the
depopulation of the herd. A new herd management plan must be
written, approved by the department, and implemented before
repopulation may occur.
(9) Indemnity may be allowed using the current fair market
value of sporting swine rate in the manner provided for under the
animal industry act, 1988 PA 466, MCL 287.701 to 287.746.
Sec. 13. (1) A completed initial application for a licensure
shall be submitted to the department not less than 60 days before
the construction of the sporting swine estate (Class I).
(2) As part of the application, the license applicant shall
submit a business plan complying with the standards established
under this section that includes all of the following:
(a) The complete address of the proposed sporting swine estate
(Class I) and the size, location, and legal description of the land
upon which the sporting swine estate (Class I) will be conducted.
(b) The number of sporting swine species included in the
proposed sporting swine estate (Class I).
(c) Biosecurity measures to be utilized, including, but not
limited to, methods of fencing and appropriate animal
identification.
(d) The proposed method of flushing wild cervidae species from
the enclosure, unless the sporting swine estate (Class I) is
currently registered as a cervidae livestock facility.
(e) The proposed record-keeping system.
(f) The current zoning of the property proposed as a sporting
swine estate (Class I) and whether the local unit or units of
government within which the sporting swine estate (Class I) will be
located have an ordinance regarding fences, unless the same
property is currently registered as a cervidae livestock facility.
(3) Upon receipt of an application, the director shall forward
1 copy each to the department of natural resources and environment.
Upon receipt of an application, the department shall send a written
notice to the local unit or units of government within which the
proposed sporting swine estate (Class I) will be located unless the
department determines, from information provided in the
application, that the local unit of government has a zoning
ordinance under which the land is zoned agricultural. The local
unit or units of government may respond, within 30 days after
receipt of the written notice, indicating whether the applicant's
sporting swine livestock operation (Class II) would be in violation
of any ordinance. The requirement of the department to send a
written notice to local units of government does not apply if the
proposed sporting swine estate (Class I) is registered as a
cervidae livestock operation.
(4) The department shall not issue an initial sporting swine
livestock operation (Class II) registration or modification unless
the application demonstrates all of the following:
(a) The sporting swine estate (Class I) has been inspected by
the director and the director has determined that the sporting
swine estate (Class I) meets the standards and requirements
prescribed by and adopted under this act, complies with the
business plan submitted to the department, and determines that
there are barriers in place to prevent the escape of sporting swine
species and prevent the entry of sporting swine species.
(b) Individual animals are appropriately identified in
compliance with the standards established under this section.
(c) The applicant has all necessary permits that are required
under part 31 regarding water resources protection, part 301
regarding inland lakes and streams, and part 303 regarding wetland
protection of the natural resources and environmental protection
act, 1994 PA 451, MCL 324.3101 to 324.3133, 324.30101 to 324.30113,
and 324.30301 to 324.30329, and any other permits or authorizations
that may be required by law. The department shall consider this
subdivision to be fulfilled if the applicant is registered as a
cervidae livestock facility.
(5) Upon receipt of a denial under this section and without
filing a second application, the applicant may request in writing
and, if requested, the department shall provide an informal
department review of the application. The review shall include the
applicant, the department, and the department of natural resources
and environment, if applicable. After the informal department
review, if the director determines that the proposed sporting swine
estate (Class I) or sporting swine livestock operation (Class II)
complies with the requirements of this act, the director shall
issue a license within 30 days after the applicant notifies the
department of completion of the sporting swine estate (Class I).
After the informal department review, if the director determines
that the proposed sporting swine estate (Class I) or sporting swine
livestock operation (Class II) does not comply with the
requirements of this act, the director shall affirm the denial of
the application in writing and specify the deficiencies needed to
be addressed or corrected in order for a license to be issued. The
applicant may waive the informal department review of the
application.
(6) An application shall only be considered valid for a period
of 6 months from the date of approval.
Sec. 15. (1) At the time the construction of the sporting
swine estate (Class I) is completed, the applicant shall notify the
department in writing. Within 30 days after notification of the
completion of the sporting swine estate (Class I), the director
shall inspect the sporting swine estate (Class I). If the director
determines that the proposed sporting swine estate (Class I)
conforms to standards prescribed by and adopted under this act, the
director shall issue a license within 30 days after completion of
an inspection finding that the sporting swine estate (Class I)
conforms to this act.
(2) If the director determines that a proposed sporting swine
estate (Class I) does not comply with the requirements of this act,
the director shall deny the issuance of a license. The department
shall notify in writing an applicant of the reasons for a license
denial within 60 days after receipt of the completed application.
The notice shall specify in writing the deficiencies to be
corrected in order for a license to be issued.
(3) Without filing a second application under this section, an
applicant may request a second inspection after the specified
deficiencies have been corrected. The department is not required to
make more than 2 prelicensure inspections of the same proposed
sporting swine estate (Class I) per application. The department may
charge actual inspection costs for second and subsequent
prelicensure inspections.
(4) Upon receipt of a second denial under this section and
without filing a second application, the applicant may request in
writing and, if requested, the department shall provide an informal
department review of the application. The review shall include the
applicant, the department, and the department of natural resources
and environment, if applicable. After the informal department
review, if the director determines that the proposed sporting swine
estate complies with the requirements of this act, the director
shall issue a license within 30 days after the informal department
review. After the informal department review, if the director
determines that the proposed sporting swine estate (Class I) does
not comply with the requirements of this act, the director shall
affirm the denial of the application in writing and specify the
deficiencies needed to be addressed or corrected in order for a
license to be issued. The applicant may waive the informal
department review of the application.
(5) The applicant may request a hearing pursuant to the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328, on a denial of a license or upon any limitations placed
upon the issuance of a license.
(6) The department shall not return a license fee or a portion
of a license fee to an applicant if a license is denied.
Sec. 17. (1) A license issued by the department shall contain
the following information:
(a) The license number and expiration date.
(b) The complete name, business name, business address, and
telephone number of the sporting swine estate (Class I) license
holder.
(d) The complete address of the sporting swine estate (Class
I) location.
(e) The complete name, address, and telephone number of the
department contact person regarding sporting swine livestock
operations (Class II).
(2) The department shall issue to a person meeting the
requirements of this act a license to operate a sporting swine
estate (Class I). The department may provide limited license
classes.
(3) The department shall charge the following fees for initial
and renewal applications for sporting swine estates:
(a) Sporting swine estate (Class I), estate hunting,
$1,000.00.
(b) Sporting swine livestock operation (Class II), breeding
only, $750.00.
(4) Application for renewal of a license shall be submitted
not later than 60 days before expiration of the current license.
Each license issued shall be for a period of 3 years from the date
of issuance.
(5) A renewal submitted later than 60 days before expiration
of the current license shall require submission of an initial
application. Failure of the department to process a renewal
application that was submitted in a timely and complete manner
operates to extend the current license until such time as the
department completes the processing.
(6) Unless otherwise indicated in writing by the department at
the time the department sends a licensed sporting swine estate
(Class I) its renewal application, there is a presumption that the
department shall renew the license upon timely submission of the
completed renewal application and license fee.
(7) A sale or transfer of ownership of a sporting swine estate
(Class I) requires the new owner or the transferee to notify the
department in writing. The department shall require a new license
for a transfer occurring within 3 months after the expiration of
the current license.
Sec. 19. A licensed sporting swine estate (Class I) shall
apply for a modification of the sporting swine estate (Class I)
license before any change in the license class of activities for
which the license is issued.
Sec. 21. (1) The director shall enter into a memorandum of
understanding with the department of natural resources and
environment for determining compliance by persons engaged in
sporting swine livestock operations (Class II) with this act and
investigation of violations of this act.
(2) Subject to the memorandum of understanding, the director
shall verify, through written confirmation from the department of
natural resources and environment before issuing any license under
this act, that the department of natural resources and environment
has determined that the size and location of the facility will not
place unreasonable stress on wildlife habitat or migration
corridors. Any facility that possesses a valid permit to maintain
wildlife in captivity issued by the department of natural resources
and environment shall be considered to meet the requirements of
this section for purposes of issuing a license under this act.
Sec. 23. (1) The department or its duly authorized agent shall
have access at all reasonable hours to any sporting swine estate
(Class I) to inspect and to determine if this act is being violated
and to secure samples or specimens of any sporting swine species.
An inspection shall be conducted under practices designed not to
jeopardize the health of the sporting swine species.
(2) The director may annually inspect a licensed sporting
swine estate (Class I) for confirmation that there are in place
procedures or barriers designed to prevent the escape of sporting
swine species and for confirmation of compliance with other
requirements as set forth in this act or as otherwise required by
law.
Sec. 25. A person shall not knowingly provide false
information in a matter pertaining to this act and shall not
resist, impede, or hinder the director in the discharge of his or
her duties under this act.
Sec. 27. (1) After an opportunity for an administrative
hearing, the department may deny, suspend, revoke, or limit a
license if the applicant or licensee fails to comply with this act,
standards adopted or established under this act, orders issued by
the director as a result of an administrative action or informal
departmental review conducted under this act, or rules promulgated
under this act.
(2) In addition to the provisions contained in subsection (1),
the department may deny the issuance of a license or suspend or
revoke a license if the department, in consultation with the
department of natural resources and environment, determines that
based upon substantial scientific evidence, the issuance of a
license will cause, or is likely to cause, an unreasonable or
adverse effect upon the environment or upon wildlife which cannot
be remedied by, or is not addressed by, the existing standards
under this act.
(3) Except in the case of an informal departmental review, the
department shall conduct an administrative proceeding under this
act pursuant to the administrative procedures act of 1969, 1969 PA
306, MCL 24.201 to 24.328.
Sec. 29. The director may promulgate rules considered
necessary to implement and enforce this act, pursuant to the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328.
Sec. 31. Except as otherwise provided in section 33, a person
who violates this act or a rule promulgated under this act is
guilty of a misdemeanor punishable by a fine of not less than
$300.00 or more than $1,000.00 or imprisonment for not less than 30
days or more than 90 days, or both.
Sec. 33. (1) A person shall not release or allow the release
of any sporting swine species from a sporting swine estate (Class
I). This section does not prohibit the sale, breeding, marketing,
exhibition, or other approved uses of sporting swine species in the
manner provided for by law. An animal that escapes from a facility
is considered to be public property if the operator of a sporting
swine estate (Class I) does not notify the department in compliance
with the standards established under this act.
(2) An owner shall not abandon a licensed sporting swine
estate (Class I) without first notifying the department in
compliance with the standards established under this act.
(3) A person shall not intentionally or knowingly cause the
ingress of feral swine species into a licensed sporting swine
estate (Class I).
(4) A person violating subsection (1) or (2) is guilty of a
misdemeanor punishable by a fine of not more than $300.00 or
imprisonment for not more than 90 days, or both, for a first
offense and is guilty of a misdemeanor punishable by a fine of not
more than $1,000.00, or imprisonment for not more than 1 year, or
both, for a second or subsequent offense.
(5) Notwithstanding subsection (4), a person intentionally or
knowingly violating subsection (1) or (2) or violating subsection
(3) is guilty of a felony.
Sec. 35. (1) A court may allow the department to recover
reasonable costs and attorney fees incurred in a prosecution
resulting in a conviction for a violation of section 31 or 33.
(2) The director, upon finding that a person has violated any
provisions of this act, an order issued by the director as a result
of an informal or administrative hearing, or a rule promulgated
under this act, may do any of the following:
(a) Issue a warning.
(b) Impose an administrative fine of not more than $1,000.00
per day, plus the costs of investigation, for each violation after
notice and an opportunity for a hearing. A person aggrieved by an
administrative fine issued under this section may request 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 of the code of criminal procedure,
1927 PA 175, MCL 764.9a to 764.9g.
(d) Place a quarantine upon the sporting swine estate (Class
I) disallowing any movement of animals, dead or alive, until
certain requirements imposed by the director are met.
(3) The director shall advise the attorney general of the
failure of any person to pay an administrative fine imposed under
this section. The attorney general shall bring a civil action in a
court of competent jurisdiction to recover the fine. Administrative
fines collected shall be paid to the general fund.
(4) Notwithstanding any other provision of this act, the
director may bring an action to do either or both of the following:
(a) Obtain a declaratory judgment that a method, activity, or
practice is a violation of this act.
(b) Obtain an injunction against a person who is engaging in a
method, activity, or practice that violates this act.
(5) The remedies under this act are cumulative and use of 1
remedy does not bar the use of another unless otherwise prohibited
by law.
Sec. 37. This act takes effect January 1, 2011.
Sec. 39. This act does not take effect unless all of the
following bills of the 95th Legislature are enacted into law:
(a) Senate Bill No. ___ or House Bill No. 6385(request no.
06053'10 a).
(b) Senate Bill No. ___ or House Bill No. 6386(request no.
06053'10 b).