Bill Text: MI SB0310 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Agriculture; animals; sporting swine livestock operations; regulate. Creates new act. TIE BAR WITH: SB 0307'11, SB 0308'11, SB 0309'11
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-11-09 - Referred To Committee On Agriculture [SB0310 Detail]
Download: Michigan-2011-SB0310-Introduced.html
SENATE BILL No. 310
March 24, 2011, Introduced by Senator HUNE and referred to the Committee on Agriculture.
A bill to regulate raising of swine as an agricultural
enterprise in this state; to provide powers and duties of certain
state agencies and officials; and to prescribe penalties and
provide 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. 2. 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 and rural
development.
(e) "Director" means the director of the department or his or
her designee.
(f) "Farm operation" means that term as defined in section 2
of the Michigan right to farm act, 1981 PA 93, MCL 286.472.
(g) "Feral swine" means that term as it is defined in section
3 of the animal industry act, 1988 PA 466, MCL 287.703.
(h) "Flush" or "flushed" means to move or chase wildlife from
a sporting swine livestock operation.
(i) "Identification" means any documentable system or process
that allows a person to recognize as separate or different an
individual animal.
(j) "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.
(k) "Livestock" means that term as it is defined in section 5
of the animal industry act, 1988 PA 466, MCL 287.705.
(l) "Owner" means the person who owns or is responsible for a
sporting swine livestock operation.
(m) "Person" means an individual, partnership, corporation,
association, governmental entity, or other legal entity.
(n) "Premises identification number" means the number assigned
by the department to identify a sporting swine livestock operation.
(o) "Registration" means a registration issued by the
department under section 10 authorizing the operation of a sporting
swine livestock operation.
(p) "Release" means to allow an animal not under the direct
control of the owner to become located outside the perimeter fence
of a sporting swine livestock operation.
(q) "Sporting swine breeding operation" 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.
(r) "Sporting swine livestock operation" means a sporting
swine breeding operation or a sporting swine shooting operation, or
both.
(s) "Sporting swine products" means any products, coproducts,
or by-products of sporting swine, including tusks, capes, hides,
meat, or any part of the animal.
(t) "Sporting swine shooting operation" means a privately
owned operation on privately controlled lands capable of holding
and containing sporting swine species for the purpose of hunting.
(u) "Sporting swine species" means members of the swine family
Sus scrofa.
Sec. 3. (1) The department shall administer this act in
consultation with the department of natural resources.
(2) The department may conduct activities designed to develop
and assist the sporting swine industry in the manner provided for
by law.
Sec. 4. (1) A sporting swine livestock operation is an
agricultural enterprise and is considered to be part of the farming
and agricultural industry of this state. The department shall
ensure that sporting swine livestock operations are afforded all
rights, privileges, opportunities, and responsibilities of other
agricultural enterprises. The commission of agriculture and rural
development shall establish generally accepted agricultural and
management practices under the Michigan right to farm act, 1981 PA
93, MCL 286.471 to 286.474, that are applicable to sporting swine
livestock operations.
(2) Sporting swine livestock operations are a form of
agriculture. Sporting swine livestock operations and their
equipment are considered to be agricultural facilities and
equipment. A sporting swine livestock operation is considered an
agricultural use.
(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. 5. (1) A person shall not operate a sporting swine
livestock operation unless he or she obtains a registration from
the department or unless otherwise exempt by rule or law. A
registration under this act does not exempt the person or sporting
swine livestock operation from requirements imposed under any other
local, state, or federal law. Zoos accredited under the zoological
association of America or other accreditations or standards
determined appropriate by and acceptable to the department are
exempt from this act.
(2) Beginning 90 days after the effective date of this act, a
person shall not operate a sporting swine livestock operation that
was in existence on the effective date of this act, unless the
sporting swine livestock operation has applied for a registration
under this act.
Sec. 6. (1) A sporting swine livestock operation shall be
maintained to prevent captive sporting swine species from escaping.
Fencing shall be approved by the department and shall comply with
all of the following:
(a) Fencing shall be a standard high-tensile game fence and
shall not contain holes larger than 4 inches by 4 inches below 4.5
feet.
(b) Fencing shall be a minimum of 8 feet high for enclosures
at sporting swine shooting operations.
(c) Fencing shall be a minimum of 5 feet high for enclosures
at sporting swine breeding operations.
(d) Fencing shall be constructed in compliance with at least 1
of the following:
(i) Be anchored to the ground.
(ii) Contain skirting.
(iii) Be buried.
(iv) Contain an operational electric wire.
(e) A minimum of 12 feet clear of trees shall be maintained on
each side of the fence.
(2) The owner or owner's designee shall conduct and complete a
weekly inspection of fencing at a sporting swine livestock
operation and shall document the weekly inspection.
Sec. 7. (1) All imported and exported sporting swine at a
sporting swine livestock operation shall have clearly visible
permanent individual official identification as provided for in the
animal industry act, 1988 PA 466, MCL 287.701 to 287.746. In
addition, all sporting swine breeding operations providing animals
to sporting swine shooting operations shall have permanent
individual animal identification on all swine before reaching 50
pounds.
(2) Sporting swine at a sporting swine livestock operation
shall be cared for and managed as livestock.
(3) All sporting swine at a sporting swine livestock operation
shall have a negative pseudorabies test within 30 days before
entering the sporting swine livestock operation or must originate
from a qualified negative pseudorabies herd. The department may
require other appropriate tests after giving at least a 30-day
notice to all licensed sporting swine livestock operations.
(4) Feral swine shall not be captured and used in sporting
swine livestock operations.
(5) A person registered under this act to operate a sporting
swine livestock operation shall keep and maintain records of
production, purchases, or imports necessary to establish proof of
ownership. A person transporting sporting swine species shall
produce documentation that contains the origin of shipment,
registration or registration 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 request of the department or a law enforcement
officer. An owner shall keep records of all sporting swine species
harvested and all purchases of sporting swine, 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.
(6) As determined by the herd management plan, a blood sample
of hunter-killed swine shall 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. The laboratory shall send the results of the
tests to the owner and to the department.
(7) Viscera and other body parts from a sporting swine
livestock operation 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 director under the animal industry act, 1988 PA 466, MCL
287.701 to 287.746, shall be followed. If the herd testing protocol
indicates that the herd is positive, the director shall order the
depopulation of the herd. A new herd management plan shall be
approved by the director and implemented before repopulation may
occur.
Sec. 8. (1) A person that wishes to obtain a sporting swine
livestock operation registration under this act shall submit an
application to the department. An application is valid for 3 years
from the date it is received by the department, after which time a
new application must be submitted to the department.
(2) As part of the application under subsection (1), the
applicant shall submit a business plan complying with the standards
established under this act that includes all of the following:
(a) The complete address of the proposed sporting swine
livestock operation and the size, location, and legal description
of the land upon which the sporting swine livestock operation will
be conducted.
(b) A proposed site plan for the sporting swine livestock
operation including the proposed size and location of each
enclosure at the operation.
(c) Whether the sporting swine livestock operation will
include a sporting swine breeding operation or a sporting swine
shooting operation, or both.
(d) Biosecurity measures to be utilized, including, but not
limited to, methods of disease surveillance, fencing, and
appropriate animal identification.
(e) The proposed method of flushing wild cervidae species from
enclosures, unless the sporting swine livestock operation is
currently registered as a cervidae livestock facility.
(f) A proposed record-keeping system.
(g) The current zoning of the property proposed as a sporting
swine livestock operation and whether the local unit or units of
government within which the sporting swine livestock operation will
be located have an ordinance regarding fences and whether the
proposed facility would be in violation of that ordinance, unless
the same property is currently registered as a cervidae livestock
facility. If a variance from an ordinance has been granted or is
being considered, the applicant shall include this information in
the application.
(3) Upon receipt of an application for facilities to be
constructed after the effective date of this act, the department
shall forward a copy to the department of natural resources. The
department shall also send a written notice to the local unit or
units of government within which the proposed sporting swine
livestock operation will be located unless the proposed sporting
swine livestock operation is registered as a cervidae livestock
facility or 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
proposed sporting swine livestock operation would be in violation
of a currently existing ordinance. If the proposed operation would
be in violation of an ordinance, the applicant shall obtain a
variance from the local unit of government within 60 days after the
application is submitted. Failure to obtain a variance voids the
application.
(4) Within 60 days after receiving an application under this
section, the department shall issue a conditional registration for
a sporting swine livestock operation if all of the following are
met:
(a) The existing or proposed sporting swine livestock
operation agrees to meet the requirements of this act and complies
with the business plan submitted to the department.
(b) The applicant agrees to maintain fencing in compliance
with this act to prevent the escape or entry of sporting swine
species.
(c) The applicant agrees to utilize a method for individual
animal identification.
(d) For proposed facilities that were not in existence on the
effective date of this act and are 200 acres in size or larger, the
department of natural resources has approved a site plan for the
facility under section 9.
(5) Within 60 days of receiving an application, if the
department determines that the applicant has not met the
requirements of subsection (4), the department shall deny the
issuance of a conditional registration. 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 input from the applicant, the department, and
the department of natural resources, if applicable. Within 30 days
after receiving a request for an informal review, the department
shall do either of the following:
(a) If the department determines that the proposed sporting
swine livestock operation complies with the requirements of
subsection (4), the department shall issue a conditional
registration.
(b) If the department determines that the proposed sporting
swine livestock operation does not comply with the requirements of
subsection (4), the department shall affirm the denial of the
conditional registration in writing and specify the deficiencies
needed to be addressed or corrected in order for a conditional
registration to be issued.
(6) A conditional registration issued under this section is
valid for 9 months from the date of approval unless an extension is
granted by the department. A conditional registration authorizes
the construction of a sporting swine livestock operation, but for
operations not in existence on the effective date of this act, does
not authorize the sporting swine livestock operation to be
populated with sporting swine.
Sec. 9. (1) Upon receipt of an application for registration
of a new sporting swine livestock operation under section 8 on a
proposed site of 200 acres or larger, the department of natural
resources shall review the proposed site plan contained in the
application. Within 30 days after receiving the application, the
department of natural resources shall do either of the following:
(a) Approve the proposed site plan if it determines that the
proposed size and location of the enclosures will not place
unreasonable stress on wildlife habitat or migration corridors.
(b) Disapprove the proposed site plan if it determines that
the proposed site plan does not meet the conditions under
subdivision (a) and specify the reasons for its determination.
(2) A sporting swine livestock operation that possesses a
permit to maintain wildlife in captivity issued by the department
of natural resources shall be considered to meet the requirements
of subsection (1).
(3) Upon making its determination under subsection (1), the
department of natural resources shall provide written notice of
its determination to the department.
Sec. 10. (1) Following construction of the sporting swine
livestock operation in compliance with a conditional registration,
the applicant shall notify the department in writing. Within 30
days after notification of the completion of the sporting swine
livestock operation, the department shall inspect the sporting
swine livestock operation. If the department determines that the
proposed sporting swine livestock operation complies with this act,
the department shall issue a registration within 30 days after
completion of an inspection.
(2) If the department determines that a proposed sporting
swine livestock operation does not comply with the requirements of
this act, the department shall deny the issuance of a registration.
The department shall notify in writing an applicant of the reasons
for a registration denial within 30 days after completion of the
inspection. The notice shall specify in writing the deficiencies to
be corrected in order for a registration to be issued.
(3) If the department denies the issuance of a registration
under subsection (2), an applicant may request a second inspection
after the specified deficiencies have been corrected. The
department is not required to make more than 2 preregistration
inspections of the same proposed sporting swine livestock operation
per application.
(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
input from the applicant, the department, and the department of
natural resources, if applicable. After the informal department
review, the department shall do either of the following:
(a) If the department determines that the proposed sporting
swine livestock operation complies with the requirements of this
act, the department shall issue a registration within 30 days after
the informal department review.
(b) If the department determines that the proposed sporting
swine livestock operation does not comply with the requirements of
this act, the department shall affirm the denial of the application
in writing and specify the deficiencies needed to be addressed or
corrected in order for a registration to be issued.
(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 registration or upon any limitations
placed upon the issuance of a registration.
(6) A registration issued by the department under this section
is valid for a 3-year time period.
Sec. 11. A registration issued by the department shall contain
the following information:
(a) The expiration date of the registration.
(b) The complete name, business name, business address, and
telephone number of the owner.
(c) The complete address of the sporting swine livestock
operation location.
(d) The premises identification number.
(e) The complete name, address, and telephone number of the
department contact person regarding sporting swine livestock
operations.
Sec. 12. (1) The department shall establish an expedited
process for renewal of a registration under this act. An
application for renewal of a registration shall be submitted not
later than 60 days before expiration of the current registration.
The department shall make a decision on a renewal application under
this subsection within 30 days after the applicant submits a
completed application.
(2) A renewal submitted later than 60 days before expiration
of the current registration shall require submission of an
application under section 8. Failure of the department to process a
renewal application that was submitted in a timely and complete
manner operates to extend the current registration until such time
as the department completes the processing.
(3) Unless otherwise indicated in writing by the department at
the time the department sends its renewal application, there is a
presumption that the department shall renew the registration upon
timely submission of the completed renewal application and
application fee.
(4) If a sporting swine livestock operation is sold or
transferred, the new owner shall notify the department in writing.
Within 3 months after the sale or transfer, the new owner shall
obtain a new registration for the sporting swine livestock
operation.
Sec. 13. (1) The owner of a sporting swine livestock operation
shall apply for a modification of his or her registration before
any change in the activities for which the registration is issued.
An application for a modification of a registration shall be
submitted in the same manner as an application for registration
under section 8.
(2) The owner of a sporting swine livestock operation may
submit a request to the department for decommissioning of a
sporting swine livestock operation. Upon receipt of a request under
this subsection, the department shall approve a request for
decommissioning as long as it is conducted in a manner that does
not create a risk to the environment and other free-ranging
animals.
Sec. 14. The department shall enter into a memorandum of
understanding with the director of the department of natural
resources containing a process for reviewing the siting of new
sporting swine livestock operations for determining compliance by
persons engaged in sporting swine livestock operations and
investigating violations of this act.
Sec. 15. (1) The owner shall grant the department or its
authorized agent access at all reasonable hours to any sporting
swine livestock operation 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 department shall contract with persons who have
received training from the department to conduct an inspection
during the second and third years of the term of a registration of
a sporting swine livestock operation 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 of this act or as otherwise required by law.
Sec. 16. A person shall not knowingly provide false
information in a matter pertaining to this act and shall not
resist, impede, or hinder the department in the discharge of its
duties under this act.
Sec. 17. (1) The department, upon finding that a person has
violated any provision of this act, may do any of the following:
(a) Issue a warning.
(b) Impose an administrative fine of not more than $1,000.00,
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 IV of the code of criminal procedure,
1927 PA 175, MCL 764.9a to 764.9g.
(d) Place a quarantine upon the sporting swine livestock
operation disallowing any movement of animals until certain
requirements imposed by the department are met.
(2) The department 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 fund.
(3) Notwithstanding any other provision of this act, the
department 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.
(4) 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. 18. (1) After an opportunity for an administrative
hearing, the department may deny, suspend, revoke, or limit a
registration if the registrant fails to comply with this act.
(2) 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. 19. Except as otherwise provided in section 20, a person
that violates 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. 20. (1) A person shall not release or allow the release
of any sporting swine species. 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 sporting swine livestock operation is
considered to be public property if the operator of a sporting
swine livestock operation does not notify the department.
(2) An owner shall not abandon a registered sporting swine
livestock operation without first notifying the department.
(3) A person shall not intentionally or knowingly cause the
ingress of feral swine species into a sporting swine livestock
operation.
(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 who intentionally
or knowingly violates subsection (1) or (2) or who violates
subsection (3) is guilty of a felony punishable by imprisonment for
not more than 4 years or a fine of not more than $5,000.00, or
both.
(6) 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 this act.
Enacting section 1. This act does not take effect unless all
of the following bills of the 96th Legislature are enacted into
law:
(a) Senate Bill No. 309.
(b) Senate Bill No. 308.
(c) Senate Bill No. 307.
