March 1, 2012, Introduced by Senators CASPERSON, WALKER and HANSEN and referred to the Committee on Agriculture.
A bill to provide for indemnification for livestock, domestic
animals, and pets that are killed by 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.
Sec. 3. (1) The department shall provide indemnification for
the death, injury, or loss of livestock, domestic animals, and pets
from wolves, coyotes, and cougars. The department of natural
resources shall reimburse the department for all indemnification
payments made under this subsection.
(2) In order to be eligible for indemnification under this
act, the owner of livestock, domestic animals, or pets, whose
animals are killed, injured, or otherwise lost due to wolves,
coyotes, or cougars, shall do all of the following:
(a) Report the incident to the department within 24 hours of
discovery of the dead or injured animal or when the animal is
discovered to be missing.
(b) File a claim for indemnification with the department
verifying the type and number of animals for which indemnification
is sought. If the claim for indemnification includes
indemnification for missing animals, a notarized statement from the
owner is sufficient documentation that 1 or more animals are
missing and eligible for indemnification.
(c) Upon request, provide the department with access to the
owner's property as necessary to conduct an investigation.
(d) Upon request of the department, 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) Upon receipt of a claim for indemnification, the
department shall appraise and inventory the livestock, domestic
animals, or pets for which indemnification is sought and shall make
an indemnification payment within 30 days of its receipt of the
claim for indemnification. If the department fails to make an
indemnification payment to a person who is eligible to receive
indemnification under this act within this 30-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 amount
of indemnification shall be determined as follows:
(a) Subject to subdivision (c), for livestock and domestic
animals, the department shall reimburse the claimant the fair
market value, that is the feeder market value for young of the year
or replacement value for adult (1+ years), of livestock or domestic
animals, not to exceed the maximum amount for that animal type as
established by the commission. By January 30 of each year, the
commission, with input from a statewide farming advocacy
organization, shall establish a maximum amount to be paid on an
indemnification claim for each type of animal. Livestock
organizations within this state may also provide input for the
commission to consider when establishing the maximum amount to be
paid on an indemnification claim.
(b) For pets, the department shall reimburse the claimant the
fair market value based upon recent sale records for similar
animals, up to a maximum of $2,500.00 per animal.
(c) For an entire herd or flock, the department shall
reimburse the claimant based upon 100% of the fair market value of
that type of animal as appraised for the purpose for which the
livestock or domestic animal was intended, not to exceed an average
of $4,000.00 per animal in the flock or herd.
(3) The indemnification amount under subsection (2) shall
include a deduction for any compensation received, or to be
received, 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 or domestic animals received, or to
be received, from any other source shall accompany the appraisal
certificate prior to indemnification under this section.
(4) The department may provide for indemnity pursuant to this
section not to exceed $100,000.00 per order, from any line item in
the annual budget for the department in the applicable fiscal year.
Any agreement greater than $100,000.00 entered into between the
department and an owner of livestock, domestic animals, or pets
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, domestic animals, or pets.
(2) The right to indemnity from the state for animals eligible
for indemnification under this act applies only to livestock,
domestic animals, and pets. Indemnification does not apply to
livestock or domestic animals 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 for livestock or domestic animals 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 director 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.