Bill Text: MI HB5822 | 2009-2010 | 95th Legislature | Chaptered
Bill Title: Animals; other; swine running at large; allow killing of under certain conditions. Amends sec. 1 of 1976 PA 328 (MCL 433.11); adds sec. 4a & repeals sec. 10 of 1976 PA 328 (MCL 433.20).
Spectrum: Slight Partisan Bill (Democrat 6-3)
Status: (Passed) 2010-05-13 - Assigned Pa 69'10 With Immediate Effect [HB5822 Detail]
Download: Michigan-2009-HB5822-Chaptered.html
Act No. 69
Public Acts of 2010
Approved by the Governor
May 13, 2010
Filed with the Secretary of State
May 13, 2010
EFFECTIVE DATE: May 13, 2010
STATE OF MICHIGAN
95TH LEGISLATURE
REGULAR SESSION OF 2010
Introduced by Reps. Huckleberry, Tyler, Byrum, Rocca, Hansen, Neumann, Valentine, Espinoza and Terry Brown
ENROLLED HOUSE BILL No. 5822
AN ACT to amend 1976 PA 328, entitled “An act to regulate animals running at large; to provide for compensation for damage done by animals running at large; to prescribe penalties; and to repeal certain acts and parts of acts,” by amending section 1 (MCL 433.11) and by adding section 4a; and to repeal acts and parts of acts.
The People of the State of Michigan enact:
Sec. 1. As used in this act:
(a) “Animals” means cattle, horses, sheep, swine, mules, burros, or goats.
(b) “Owner” means a person who has a right of property in an animal, a person who keeps or harbors an animal or has it in his or her care, or a person who permits an animal to remain on or about the premises occupied by him or her.
(c) “Running at large” refers to an animal not under the control of an owner and not on an owner’s premises.
Sec. 4a. (1) Swine running at large on public or private property are a public nuisance.
(2) A local animal control officer appointed under the dog law of 1919, 1919 PA 339, MCL 287.261 to 287.290, or a law enforcement officer may kill a swine running at large on public or private property.
(3) A person who possesses a license to carry a concealed pistol issued under 1927 PA 372, MCL 28.421 to 28.435, or a valid hunting license for any game issued under part 435 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.43501 to 324.43561, may kill a swine running at large on public property. A person may kill swine running at large on private property if the person is, or is accompanied by or has the permission of, the owner or lessee of the property.
(4) Subsection (3) does not authorize the discharge of a bow and arrow, crossbow, or firearm in an area where the discharge of that weapon, or hunting with that weapon, is prohibited by an ordinance adopted pursuant to part 419 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.41901 to 324.41905.
Enacting section 1. Section 10 of 1976 PA 328, MCL 433.20, is repealed.
This act is ordered to take immediate effect.
Clerk of the House of Representatives
Secretary of the Senate
Approved
Governor
