Department of agriculture-electronic transmittals.

WORKING DRAFT

ORIGINAL SENATE

FILE

NO.
0169

ENROLLED ACT NO. 76, SENATE

FIFTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2005 GENERAL SESSION

AN ACT relating to agriculture; providing for the department of agriculture to conduct business electronically; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.

W.S. 40
‑
7
‑
111 is created to read:

40
‑
7
‑
111.

Electronic transmittals.

The director may a
llow the testing, inspection and reporting requirements of this chapter to be conducted electronically as provided by the Uniform Electronic Transaction Act, W.S. 40
‑
21
‑
101 through 40
‑
21
‑
119 and any applicable federal electronic requirements.

Section 2.

W.S. 11
‑
2
‑
202 by creating a new subsection (f), 35
‑
7
‑
124 by creating a new subsection (f), 35
‑
7
‑
201 by creating a new subsection (d), 35
‑
7
‑
355, 35
‑
28
‑
108 by creating a new subsection (e), 40
‑
7
‑
102(a)(xx) and 40
‑
10
‑
122 by creating a new subsection (b) are amended to read:

11
‑
2
‑
202.

Powers and duties of director generally.

(f)

The director may a
llow the permitting, registration, licensing, testing, inspection and reporting requirements of this title to be conducted electronically as provided by the Uniform Electronic Transaction Act, W.S. 40
‑
21
‑
101 through 40
‑
21
‑
119 and any applicable federal electronic requirements.

35
‑
7
‑
124.

License required; exemptions; electronic transmittals.

(f)

The director may a
llow the permitting, registration, licensing, testing, inspection and reporting requirements of this chapter to be conducted electronically as provided by the Uniform Electronic Transaction Act, W.S. 40
‑
21
‑
101 through 40
‑
21
‑
119 and any applicable federal electronic requirements.

35
‑
7
‑
201.

Under direction of department of agriculture; appointment; duties generally; salary and expenses; fee for analysis.

(d)

The state chemist may a
llow the testing, inspection and reporting requirements of this article to be conducted electronically as provided by the Uniform Electronic Transaction Act, W.S. 40
‑
21
‑
101 through 40
‑
21
‑
119 and any applicable federal electronic requirements.

35
‑
7
‑
355.

Director to administer and enforce provisions; board of certification to adopt regulations.

The director of the department of agriculture shall administer and enforce the provisions of this act and regulations issued thereunder. The board of certification may issue regulations after a public hearing following due notice to all interested persons in conformance with the provisions of the Wyoming Administrative Procedure Act to carry out the provisions of this act. Regulations may prescribe methods to be used in the application of pesticides, may prescribe standards for the classification and certification of applicators of pesticides, and may require certification, licensing, payment of reasonable fees for licensing or certification, submission of information, and passing of examinations by applicators of pesticides. Where the board of certification finds that regulations are necessary to carry out the purpose and intent of this act, the regulations may relate to the time, place, manner, methods, materials, and amounts and concentrations, in connection with the application of the pesticide, and may restrict or prohibit use of pesticides in designated areas during specified periods of time and shall encompass all reasonable factors which the board deems necessary. The department may issue licenses. Notwithstanding the provisions of W.S. 35
‑
7
‑
354(e), the board of agriculture, by regulation, following a hearing and pursuant to the Wyoming Administrative Procedure Act, may declare a specific pesticide or pesticide use a "restricted use pesticide", but only following a recommendation of the board of certification, and a finding of fact, in a public hearing conducted by the board of certification, that unreasonable adverse effects on the environment, including man, pollinating insects, animals, crops, wildlife and lands, other than pests, may reasonably occur.
The director of the department of agriculture may a
llow the registration, licensing, testing, inspection and reporting requirements of this article to be conducted electronically as provided by the Uniform Electronic Transaction Act, W.S. 40
‑
21
‑
101 through 40
‑
21
‑
119 and any applicable federal electronic requirements.

35
‑
28
‑
108.

License required; electronic transmittals.

(e)

The director may a
llow the licensing, testing, inspection and reporting requirements of this chapter to be conducted electronically as provided by the Uniform Electronic Transaction Act, W.S. 40
‑
21
‑
101 through 40
‑
21
‑
119 and any applicable federal electronic requirements.

40
‑
7
‑
102.

Definitions.

(a)

As used in this act:

(xx)

"This act" means W.S. 40
‑
7
‑
101 through
40
‑
7
‑
110
40
‑
7
‑
111
.

40
‑
10
‑
122.

Powers and
duties of the director.

(b)

The director may a
llow the licensing, testing, inspection and reporting requirements of this chapter to be conducted electronically as provided by the Uniform Electronic Transaction Act, W.S. 40
‑
21
‑
101 through 40
‑
21
‑
119 and any applicable federal electronic requirements.

Section 3.

This act is effective immediately upon co
m
pletion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constit
u
tion.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

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