Michigan Laws 287.714a – Indemnification; application; eligibility; acceptance of compensation; applicability of right to indemnity
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Terms Used In Michigan Laws 287.714a
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Animal: means mollusks, crustaceans, and vertebrates other than human beings including, but not limited to, livestock, exotic animals, aquaculture species, and domestic animals. See Michigan Laws 287.703
- Appraisal: A determination of property value.
- Aquaculture: means the propagation and rearing of aquaculture species on the approved list of aquaculture species under the Michigan aquaculture development act, 1996 PA 199, MCL 286. See Michigan Laws 287.703
- Aquaculture lot: means a group of aquatic animals that share approximately the same risk of exposure to a pathogenic agent or toxin within a defined location due to common management or sharing a common aquatic environment. See Michigan Laws 287.703
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Department: means the department of agriculture and rural development. See Michigan Laws 287.703
- Director: means the director of the department or his or her authorized representative. See Michigan Laws 287.703
- Disease: means any animal health condition with potential for economic impact, public or animal health concerns, or food safety concerns. See Michigan Laws 287.703
- Domestic animal: means a species of animal that lives under the husbandry of humans. See Michigan Laws 287.703
- Fair: means a competition and educational exhibition of agricultural commodities and manufactured products for which premiums may be paid. See Michigan Laws 287.703
- Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
- Flock: means all of the poultry on 1 premises or, in the discretion of the department, a group of poultry that is segregated from all other poultry on the same premises. See Michigan Laws 287.703
- Herd: means an isolated group of livestock maintained on common ground for any purpose, or 2 or more groups of livestock under common ownership or supervision that are geographically separated but that have an interchange or movement of livestock without regard to health status as determined by the director. See Michigan Laws 287.703
- Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
- Livestock: means those species of animals used for human food or for fiber or those species of animals used for service to humans. See Michigan Laws 287.703
- Native: means an animal born and raised in this state, or legally imported into this state and having complied with entry requirements prescribed by the director, and having been maintained in this state for at least 30 days. See Michigan Laws 287.703
- official interstate certificate of veterinary inspection: means a form in paper or electronic format approved by the director with a unique identifier that documents the information required under section 20 and that is issued for animals that are being imported to or exported from this state not more than 30 days prior to the importation or exportation of those animals. See Michigan Laws 287.703
- Reportable animal disease: means an animal disease on the current reportable animal disease list maintained by the state veterinarian that poses a serious threat to the animal industry, public health, or animal health. See Michigan Laws 287.703
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
- Toxicological disease: means any condition caused by or related to a toxic substance. See Michigan Laws 287.703
- United States: shall be construed to include the district and territories. See Michigan Laws 8.3o
(1) The director may allow indemnification for the slaughter or destruction of livestock due to a reportable animal disease or toxicological contamination. If the director has signed an order for the slaughter or destruction of livestock, the owner may apply for indemnification. To be eligible for indemnification in an area of this state where a reportable animal disease is prevalent and an order of the director is in place, a defined management plan for the area shall be in place. The director shall appraise and inventory the condemned livestock. The appraisals and inventories shall be on forms approved by the director. The director shall use agricultural pricing information from commercial livestock auction markets and other livestock market information as determined by the director to determine the value of condemned livestock.
(2) The director may allow indemnification for the slaughter or destruction of domestic animals due to reportable animal diseases or toxicological contamination. The director shall appraise and inventory the condemned domestic animals. The appraisals and inventories shall be on forms approved by the director. The director shall use pricing information from domestic animal auctions and other domestic animal market information as determined by the director to determine the value of condemned domestic animals.
(3) Indemnification for individual or entire herd, flock, or aquaculture lot depopulations of livestock shall be based upon 100% of the fair market value of that type of animal on the date of the appraisal and marketable for the purpose for which the livestock was intended, not to exceed $10,000.00 for each livestock or an average of $5,000.00 per animal in the flock, herd, or aquaculture lot. The appraisal determination shall not delay depopulation. The indemnification amount under this section 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, salvage value, or any monetary value obtained to encourage disposal of infected or exposed livestock in accordance with a disease control or eradication program. 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 before indemnification under this section.
(4) Indemnification for individual or entire group depopulations of domestic animals shall be based upon 100% of the fair market value of that type of animal on the date of the appraisal and marketable for the purpose for which the domestic animal was intended, not to exceed $4,000.00 for each domestic animal or an average of $500.00 per animal in the group. The appraisal determination shall not delay depopulation. The indemnification amount under this section 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, salvage value, or any monetary value obtained to encourage disposal of infected or exposed domestic animals in accordance with a disease control or eradication program. 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 domestic animals received, or to be received, from any other source shall accompany the appraisal certificate before indemnification under this section.
(5) Acceptance of compensation under this act constitutes a full and complete release of any claim the owner has against this state and 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, arising out of testing, purchase, removal, slaughter, destruction, and other disposition of the owner’s livestock or domestic animals.
(6) The right to indemnity from this state for livestock or domestic animals condemned and ordered slaughtered, destroyed, or otherwise disposed of by the director applies only to native livestock and native domestic animals or as directed by the director. Indemnification is not available for livestock or domestic animals determined by the department to be imported or to be moved within this state without meeting import or movement requirements, including, but not limited to, 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 into or within this state. An owner is not entitled to indemnity from this state for livestock or a domestic animal that comes into the possession of the owner with the owner’s knowledge that the livestock or domestic animal is diseased or is suspected of having been exposed to an infectious or toxicological disease. The director shall not indemnify an owner for livestock or domestic animals that have been exposed to livestock or a domestic animal that comes into the possession of the owner with the owner’s knowledge that the livestock or domestic animal is diseased or is suspected of having been exposed to an infectious, contagious, or toxicological disease, or that are in violation of an order of the director.
(7) This state shall not indemnify an owner of livestock or domestic animals for the loss of the livestock or domestic animals due to an infectious, contagious, or toxicological disease until the owner executes and signs a subrogation agreement assigning to this state the rights of the owner to a cause of action to recover damages for the loss up to the amount of indemnification paid to the owner under this act, and presents all necessary documents, including registration papers, a statement of names and addresses of all persons to whom or from whom the owner has transferred livestock or domestic animals within a time period determined by the director, and signed permission allowing the breed association to disclose information requested by the director.
(8) The director may require additional biosecurity and wildlife risk mitigation measures, as determined by the director in an order under this act, for future indemnification eligibility under this act.
(9) The department may cooperate and coordinate with the United States Secretary of Agriculture or the secretary’s authorized representative or other governmental departments or agencies regarding indemnification under this section.
(10) A livestock owner shall be compensated for livestock that dies or needs to be destroyed for humane reasons due to an injury occurring while the livestock is undergoing mandatory testing for a reportable animal disease.
(11) As used in this section, “domestic animal” does not include livestock.