SB-0996, As Passed House, December 13, 2012

SUBSTITUTE FOR

SENATE BILL NO. 996

A bill to provide for indemnification for livestock killed,

injured, or lost as a result of certain wildlife; and to prescribe

the powers and duties of certain state agencies and officials.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 1. This act shall be known and may be cited as the

"wildlife depredations indemnification act".

Sec. 2. As used in this act:

(a) "Commission" means the commission of agriculture and rural

development.

(b) "Department" means the department of agriculture and rural

development.

of the animal industry act, 1988 PA 466, MCL 287.705.

Sec. 3. (1) The department shall provide indemnification for

the death, injury, or loss of livestock from wolves, coyotes, and

cougars. Indemnification for missing animals shall only be paid if

there is a history of losses to the owner of livestock as evidenced

by a prior payment by the department due to the death or injury of

livestock from wolves.

(2) To be eligible for indemnification under subsection (1),

the owner of livestock shall do all of the following:

(a) Report the incident to the department within 24 hours

after the animal is discovered to be dead, injured, or missing.

(b) File a claim for indemnification with the department

verifying the type and number of animals for which indemnification

is sought. The verification may include photographs of the animals

or tracks or other information that provides support for the claim.

If the claim seeks indemnification for missing animals, a notarized

statement from the owner specifying the date of birth of each

missing animal and the date on which the animals were discovered

missing, along with evidence of prior indemnification payments due

to death or injury of livestock from wolves, is sufficient

documentation that 1 or more animals are missing and eligible for

indemnification.

with access to the owner's property as necessary to conduct an

investigation if the department of natural resources believes that

an on-site visit will assist its investigation.

(d) Upon request, provide the department with documentation

that the animals have official identification, if required under

the animal industry act, 1988 PA 466, MCL 287.701 to 287.746.

Sec. 4. (1) Within 45 days after receipt of a claim for

indemnification, the department shall appraise and inventory the

livestock for which indemnification is sought and shall make an

indemnification payment to a person who is eligible to receive

indemnification under this act. If the department fails to make the

indemnification payment within this 45-day time period, the person

is entitled to receive from the department twice the amount of the

original claim.

(2) Except as otherwise provided in this section, the

department shall reimburse the claimant, for each animal included

in the claim, 100% of the fair market value, on the date of the

appraisal, of livestock of that type marketable for the purpose for

which the animal was intended to be marketed, not to exceed

$4,000.00 for each animal. The appraisal determination shall not

delay the slaughter, destruction, or disposition of the livestock

animals.

(3) The department shall deduct from the indemnification

amount under subsection (2) for any compensation received, or to be

received by the owner, from any other source, including, but not

limited to, indemnification by the United States department of

agriculture, insurance, or salvage value. 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 prior to

the payment of indemnification under this section.

(4) The department may make an indemnification payment

pursuant to this section not to exceed $100,000.00 per incident

which is the basis for a valid claim for indemnification under this

act, from any line item in the annual budget for the department in

the applicable fiscal year. Any agreement for an indemnification

payment 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.

Sec. 5. (1) Acceptance of compensation under this act

constitutes a full and complete release of any claim the owner has

against this state, its departments, agencies, officers, employees,

agents, and contractors to the extent these persons were acting on

behalf of this state, within the scope of their employment with

this state or under the direction of this state, its departments,

agencies, officers, or employees related to the death, injury, or

loss of the livestock.

(2) The right to indemnity under this act does not apply to

livestock determined by the department to have been imported

without meeting import requirements such as an official interstate

health certificate or official interstate certificate of veterinary

inspection, required testing, required vaccination, or to livestock

determined by the department to have been illegally moved within

this state. An owner is not entitled to indemnity from this 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 department 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.