Predator management program.

WORKING DRAFT

ORIGINAL HOUSE

BILL

NO.
0024

ENROLLED ACT NO. 49, HOUSE OF REPRESENTATIVES

FIFTY-EIGHTH LEGISLATURE OF THE STATE OF
WYOMING
2006 BUDGET SESSION

AN ACT relating to
agriculture and animals; modifying predator
management
districts and district boards; adding directors; modifying predator
management
fees;
a
mending

definition
s
;
providing for service fees;
providing an appropriation;

providing for an additional position; providing for reports;
and providing for an effective date.

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

Section 1.

W.S.
11
‑
6
‑
107,
11
‑
6
‑
201, 11
‑
6
‑
202
, 11
‑
6
‑
203
(a)(intro), (i), (ii) and (b)
, 11
‑
6
‑
204, 11
‑
6
‑
205, 11
‑
6
‑
206, 11
‑
6
‑
207(a)
,
(b)
and
(d), 11
‑
6
‑
208
,
11
‑
6
‑
209, 11
‑
6
‑
210(a)
,
(d), (f)
,
(g)
(intro) and
(iii)
and
by creating new subsection
s
(n)
and (o)
,
11
‑
6
‑
302(a)(viii)
,
(xi) and by creating a new paragraph (xii),
11
‑
6
‑
303(a)(vii) and (e), 11
‑
6
‑
304(d), 11
‑
6
‑
308(a)
(intro)
, 11
‑
6
‑
309 and 11
‑
6
‑
311
are amended to read:

11
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6
‑
107.

Disposition of proceeds.

All predator furs, skins and specimens taken by hunters or trappers whose salaries are paid in full by cooperating agencies, shall be sold and the proceeds returned to the respective
predatory animal

predator management
district of the county in which the furs, skins or specimens originated. All receipts from sales of materials and services related to predatory animal and rodent control received by the department shall be paid into the state general fund.

11
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6
‑
201.

C
reation and designation of districts; state predator
management
advisory board.

(a)

Each county is created and designated as a
predatory animal

predator management
district. Each district shall be known as the "
Predatory Animal
Predator
Management

District
of .... County,
Wyoming
," and it may hold property and be
a party to suits and contracts.

(b)

There is created a state
predatory animal

predator management

advisory
board composed of one (1) representative of each
predatory animal

predator management
district. The state
predatory animal

predator management
advisory board representative shall be appointed by the individual
predatory animal

predator management
district boards of directors and so designated in writing.

11
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6
‑
202.

Administration of districts by district boards; number and qualifications of members; term; filling of vacancies.

(a)

The affairs of each district shall be administered by a board of directors, each of whom shall be a bona fide resident of
Wyoming
. Directors
for the positions identified in paragraphs (i) and (ii) of this subsection

shall be elected at an annual meeting of district livestock owners.
Directors for the positions identified in paragraphs (iv) and (v)
of this subsection
shall be appointed as described.

The composition of
the board shall be as follows:

(i)

Three (3) directors shall be sheep
or goat

owners
having paid
taxes or
predatory animal control

predator management
fees on sheep
or
goats

in
the district in the year preceding election. At each subsequent annual district meeting one (1) director shall be elected for a three (3) year term. All sheep
or goat

owners whether an individual, corporation or partnership, having paid
taxes or
predatory animal control

predator management
fees on sheep
or goats

in the district regardless of the domicile of the sheep

or goats
, are entitled
to one (1) vote at the meeting;

(ii)

Three (3) directors shall be cattle owners having paid
taxes or
predatory animal control

predator management
fees on cattle in the district in the year preceding election. At each subsequent annual district meeting one (1) director shall be elected for a three (3) year term. All cattle owners whether an individual, corporation or partnership, having paid
taxes or
predatory animal control

predator management
fees on cattle in the district regardless of the domicile of the cattle, are entitled
to one (1) vote at the meeting;

(iii)

If a qualified applicant for a director position identified in
paragraph
(i) or (ii)
of this subsection
cannot be found or
if
no
qualified applicant
seek
s
election to the
b
oard
of directors
, then
the
director
position
m
ay be filled by an otherwise qualified
elector,
provided
no more than
four (
4
)
directors
may represent any one
(1)

species of livestock;

(iii)
(iv)

If the board of county commissioners determines that additional

funds are necessary for an adequate predator control

program, and county funds are appropriated for that purpose,
the board of county commissioners
may
shall

appoint one (1) director to serve for an initial term of two (2) years and thereafter for three (3) year terms from electors in the county not engaged in raising sheep
, goats
or cattle. No appointed member may serve for a consecutive period of more than six (6) years
;
.

(v)

If the board
of directors
determines state funds are necessary for an effective predator management program to assure
the
statutory requirements
provided in W.S. 11
‑
6
‑
205 are fulfilled
and state funds are appropriated and received for that purpose,
then three
(3)
directors representing sportsmen and hunters from the district shall be appointed to the board
of directors

by the county commissioners serving the local district
.

Sportsmen
and
hunter representatives
shall

be bona fide
residents of the district
not engaged in raising sheep, goats or cattle
and
shall hold or
have
held
either a
valid
Wyoming
f
ishing
or hunting
license or a Wyoming
w
ildlife
damage m
anagement stamp within the preceding
twelve (
12
)
month period. County commissioners, to the greatest extent practical,
shall
select sportsmen
and
hunter representatives to ensure representation from as broad a geographic distribution of the district as possible
.
The county commissioners shall
determine
who of t
he three
(3)
sportsmen and hunter
directors
appointed to a board under this
paragraph
shall

serve an initial term of one (1) year, who shall serve an initial term of (2) years and who shall serve a term of three (3) years.
Thereafter, each term
shall be for three (3) years.

(b)

No director shall continue to hold office after disqualification under any of the provisions of this section. All vacancies on the district board may be filled for unexpired terms by the other directors in office except the public member's
and the sportsmen and hunter
member's

unexpired term shall be filled by board of county commissioners appointment. All members shall hold their offices until their successors are elected and qualified.

11
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6
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203.

Manner of calling annual meeting of
predator management districts
; when held; election of chairman and secretary.

(a)

The annual meeting of each
predatory animal

predator management
district shall be
in

held within the first two (2) weeks of
December and each board shall:

(i)

On or before December 1, obtain an accurate list of all persons
assessed for taxes or
who
have

paid
predatory animal control

predator management
fees on sheep
, goats
or cattle in the district;

(ii)

Publish a notice stating the time and place of any meeting of the district and that directors of the board
representing livestock interests as p
rovided in W.S. 11
‑
6
‑
202(a)(i) and
(ii)

shall be elected at the meeting. Notice shall be published once in a newspaper of general circulation in the district ten (10) days prior to the date of the meeti
ng;

(b)

When assembled in accordance with the provisions of
the notice

subsection (a) of this section
, the sheep
, goat
and cattle owners shall elect a chairman and secretary who shall act as judges of
the

election

of directors representing livestock interests of the board
.

11
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6
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204.

District boards; election and appointment of officers; meetings; quorum; oath; appropriation requests.

At the annual meeting of the district board, following election of directors
pursuant to
W.S. 11
‑
6
‑
20
2(a)(i)
,
(ii)
and (iv)
and upon appoint
ment of directors
pursuant to W.S. 11
‑
6
‑
202
(a)(v)
,
if applicable,
the
d
irectors
of predatory animal districts elected at meetings provided by W.S. 11
‑
6
‑
203
shall
immediately after the adjournment of the meeting
organize by choosing from their number a president and vice
‑
president and shall appoint a secretary
‑
treasurer. Subsequent meetings may be called by the president upon reasonable notice. A majority of the board constitutes a quorum for the transaction of business at any board meeting. The members of the board shall receive no compensation for serving as members. Each director shall take an oath for the faithful performance of his duties. If the board determines to request an appropriation of funds from the board of county commissioners, it shall, at least thirty (30) days prior to the time for annual levy of general taxes, notify the board of county commissioners of the amount the district board considers necessary for district operations during the following year.

11
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6
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205.

District boards; duties generally.

(a)

Each
predatory animal

predator management
district board shall:

(i)

Exercise general supervision over the control of predatory animals
and predacious birds

that prey upon and destroy livestock, other domestic animals and
wild game

wildlife
;

(ii)

Devise and put in operation those methods that best
manage or

control
damage caused by

predatory animals

or predacious birds
;

(iii)

Administer funds received from
predatory animal control

predator management
fees and from other sources to carry out the
predatory animal control

predator management
program
;
.

(iv)

C
oordinate with affected individuals and entities to develop a comprehensive predator management program for
each
respective predator management district which addresses livestock, wildlife and public health concerns.

11
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6
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206.

District boards; powers generally.

Each
predatory animal

predator management
district board may adopt rules and regulations necessary for carrying out the purpose and provisions of this article. Each board may appoint employees and assistants as necessary and fix their compensation. Each board may enter into cooperative agreements with boards of county commissioners, other
predatory animal control

predator management
districts, federal or state agencies or other organizations or associations for the purpose of controlling predatory animals

and predacious birds
. Each board is authorized to pay bounties for predatory animals

and predacious birds
.

11
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6
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207.

District boards; record of proceedings and expenditures; monthly warrants issued by county for monies collected.

(a)

The secretary
‑
treasurer of each
predatory animal

predator management
district shall keep a complete and accurate record o
f the proceedings of the board.

(b)

All salaries, expenses or bounties shall be paid from the
predatory animal

predator management
district fund of the district by the secretary
‑
treasurer
.
and recorded in a cash
book.

(d)

The county treasurer shall issue monthly warrants to the
predatory animal

predator management
district for all monies collected in the county for the
predatory animal

predator management
district.

11
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6
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208.

District boards; annual report.

On or before January 1 of each year, the president and secretary
‑
treasurer of each district board and each county treasurer shall make an annual report to their board of county commissioners showing all receipts and disbursement of district funds made by direction of the board during the preceding calendar year. A report of the receipts, expenditures and financial transactions of the district shall be made as provided by W.S. 9
‑
1
‑
507. The director of the state department of audit may call upon any district board or upon any county treasurer for further information relating to any
predatory animal

predator management
district.

11
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6
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209.

Annual meetings of
predator management boards
.

Annual meetings for the election of members of boards of directors of
predatory animal

predator management
districts shall be called by the president of each board. The meetings shall be called by a notice published in the manner provided by W.S. 11
‑
6
‑
203.

11
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6
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210.

Creation of predator

management
district fund; predator man
agement
fees; donations; appropriation by county commissioners.

(a)

At the time of collecting brand inspection fees imposed under W.S. 11
‑
20
‑
401 and 11
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20
‑
402, the brand inspector shall collect
predatory animal

control

predator management
fees on all sheep
, goats
and cattle inspected within each
predatory animal

predator management
district. However, predator
control

management
fees shall not be collected on cattle
,

and
sheep

and goats
shipped into this state for immediate sale or slaughter. The amount of the fee for each
predatory animal

predator management
district shall be established by each
predatory animal

predator management
district board in consultation with the state
predatory animal

predator management
advisory board and shall not exceed
eighty cents ($.80)

one dollar ($1.00)
per head on sheep
,
goats
and
fifty cents ($.50) per head on
cattle.
The directors elected pursuant to W.S. 11
‑
6
‑
202(a)(i) and (ii) from e
ach
predatory animal

predator management
district board shall annually determine the
predatory animal control

predator management
fee to be charged and collected in the district
based upon a recommendation of the majority of
taking into consideration comments solicited from

the producers present at the district's annual meeting as provided for in W.S. 11
‑
6
‑
203
, who have paid predator man
agement
fees within the district during the preceding twelve (12) months
and shall inform the livestock board of the fee prior to January 1 each year. The fee shall not be collected on the same livestock more than once in any twelve (12) month period. The livestock board may retain not to exceed
three percent (3%)

five percent (5%)
of the revenues collected for the
actual

cost of
administering the program

collecting the
predator management
fee
. Remaining revenues collected by the livestock board under this section shall be remitted to the state treasurer for deposit in an account. The state treasurer, on a quarterly basis, shall distribute the revenues to the county treasurer of the county from which the shipment originated unless, at the time of payment of the fees, the livestock owner designates the fees to be distributed in total to another county in this state in which the livestock are fed or pastured. The county treasurer shall deposit revenues distributed under this subsection into a special continuing fund, to be known as the "
Predatory Animal

Predator Management
District Fund of .... County" and to be administered by the
predatory animal

predator management
board of that district.

(d)

The district board may receive donations and appropriations of money from any source, and such donations and appropriations shall be placed in the district fund by the county treasurer upon request of the district board. Nothing in W.S. 11
‑
6
‑
201 through 11
‑
6
‑
210 shall be construed to prohibit boards of county commissioners from appropriating funds for the purpose of controlling predatory animals

and predacious birds
, and such appropriation by boards of coun
ty commissioners is authorized.

(f)

Notwithstanding subsection (a) of this section, the amount of the annual
predatory animal control

predator management
fee for sheep
, goats
and cattle shipped into this state for confinement in a commercial feedlot shall not exceed
fifteen cents ($0.15)

twenty-five cents ($0.25)
per head on sheep
, goats

and
five cents ($0.05) per head on
cattle. For purposes of this subsection, "commercial feedlot" means any place, establishment or facility commonly known as a feedlot conducted, operated or managed for profit or nonprofit for livestock producers, feeders or market agencies, consisting of pens and their appurtenances, in which livestock are received, held, fed, cared for or kept for sale or shipment in commerce. A pasture, field or other enclosure, fenced or unfenced, shall not be considered a commercial feedlot for purposes of this subsection. The
predatory animal

predator management
district board shall have the authority to determine if a facility qualifies as a commercial feedlot
as defined in this subsection.

(g)

After January 1, 1992 each
predatory animal

predator management
district board shall annually allocate five percent (5%) of all
predator man
agement
fee

collections to be used for refunds, in whole or in part. If a refund is requested the board shall pay the refund within one hundred eighty (180) days of application. Refunds under this subsection sha
ll be subject to the following:

(iii)

All monies not paid in refunds shall annually revert to the district
predatory animal

control

predator management
account on
December 31

July 1
of the following year.

(n)

If a livestock producer requests predator management services from the district board representing the county in which the producer is pasturing or housing livestock, and no predator man
agement
fees have been collected
from the producer
within the previous
twelve (
12
)
months
, or if the fees have been refunded,
the board may charge a service fee to recover reasonable and actual costs of the predator management services provided.

(o)

To be eligible to receive state funds, the district shall assess and collect all available fees on livestock in the district.

11
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6
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302.

Definitions.

(a)

As used in this article:

(viii)

"Predacious bird" means
English sparrow and starling

any predatory avian species that is permitted to be taken under either
Wyoming
law or federal law
;

(xi)

"Wildlife" means all wild mammals, birds, fish, amphibians, reptiles, crustaceans and mollusks, and wild bison designated by the
Wyoming
game and fish commission and the
Wyoming
livestock board within this state
;
.

(xii)

"Take" means as defined by W.S. 23
‑
1
‑
102(a)(vii).

11
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6
‑
303.

Animal damage management board (ADMB) created; composition; appointment; terms; vacancies; compensation.

(a)

There is created the animal damage management board for the purposes of mitigating damage caused to livestock, wildlife and crops by predatory animals, predacious birds and depredating animals or for the protection of human health and safety. The board may mitigate damage caused by depredating animals by and through a memorandum of understanding with the
Wyoming
game and fish commission. The board shall be composed of twelve (12) members appointed by the governor as follows:

(vii)

The president of the state
predatory animal

predator management
advisory board created under W.S. 11
‑
6
‑
201;

(e)

Except for the directors of the departments of agriculture and game and fish, the state director for the United States department of agriculture, animal and plant health inspection service, wildlife services (USDA/APHIS/WS), and the president of the state
predatory animal

predator management
advisory board created under W.S. 11
‑
6
‑
201, the remaining members of the board shall hold office for staggered terms of four (4) years. For the remaining members of the initial board, four (4) members shall be appointed for a term of four (4) years, four (4) members shall be appointed for a term of two (2) years. Each appointed member shall be limited to serving on the board for eight (8) consecutive years, however, a member may be reappointed after a four (4) year absence. Each member shall hold office until his successor is appointed and has been qualified. As terms of current ADMB members expire, the governor shall appoint each new member or reappointed member to a four (4) year term.

11
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6
‑
304.

ADMB responsibilities; animal damage management policy; rules; methods to manage predatory animals, predacious birds, depredating animals and rabid wildlife; manner of calling meetings; frequency.

(d)

The ADMB may adopt rules and regulations necessary for carrying out the purpose and provisions of this article. The ADMB may appoint employees and assistants as necessary and fix their compensation. The ADMB may enter into cooperative agreements with boards of county commissioners,
predatory animal control

predator management
districts, federal or state agencies or other commissions, organizations or associations for the purpose of managing predatory animals, rabid wildlife, predacious birds and depredating animals.
Predatory animal control

Predator management
district boards which choose not to enter into a cooperative agreement with the ADMB shall not be precluded from continuing with, or entering into, a cooperative agreement or memorandum of understanding with the United States department of agriculture, animal and plant health inspection service, wildlife services (USDA/APHIS/WS), other entities of government, organizations or associations. This act is not intended and shall not replace, rescind, modify nor cancel cooperative agreements or cooperative service agreements between the USDA/APHIS/WS and the county
predatory animal

predator management
districts created under W.S. 11
‑
6
‑
201 through 11
‑
6
‑
210.

11
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6
‑
308.

District boards; relation to ADMB; duties generally.

(a)

Each
predatory animal

predator management
district board shall:

11
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6
‑
309.

Predator

management
district participation with the ADMB.

If the
predatory animal

predator management
district has elected to participate in providing funding or upon approval of the ADMB, other in-kind resources, to the animal damage management account, the district may solicit funds or receive services from the ADMB under separate negotiated agreement.

11
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6
‑
311.

Exemptions.

The state
predatory animal

predator management
advisory board or the ADMB may exempt persons from payment of the imposed fees when the respective board determines that livestock as defined in this act are permanently confined within pens or corrals within incorporated city limits where animal damage control activity by state or federal agencies is prohibited or severely restricted.

Section
2
.

(a)

There is appropriated from the general fund to the
department of agriculture
six
million dollars ($
6
,000,000.00) to fund the
predator management
program as follows:

(i)

T
hree

hundred thousand dollars
(
$
3
00,000.00
) of the general fund appropriation
shall be
appropriated to
the department of agr
iculture
for the biennium beginning July 1, 2006
to administer the predator management program
.
There
is authorized
one (1) additional full-time position for the department of agriculture
for the purposes of
administering the predator
management
program
;

(ii)

Five
million
s
even
hundred thousand
dollars ($
5
,
7
00,000.00) shall be distributed
by the department of agriculture through
the Wyoming animal damage management board
to local predator

management
district boards
who
may apply for grants to supplement and enhance predator management
efforts
only after committing revenues from predator management fees and from other sources intended for that
purpose
.
T
he application criteria for the predator management boards to receive supplemental funds through a competitive granting process shall be established by the
Wyoming
animal damage management board and promulgated by rule by the animal damage management board
.
The criteria shall include but not be limited to the cost of full-time and part-time trappers and the cost of fixed wing aircraft and helicopters, for predator management for livestock and wildlife.
Prior to receiving any funds, each county predator management board shall submit a budget and a plan of work to the
Wyoming
animal damage management board. Upon receiving funds, each county predator management board shall submit a report to the Wyoming animal damage management board,
identifying
the
actions taken
,
the
accomplishments
and the monies expended
,
by July
1 of each year;

(i
ii
)

The
Wyoming
department of agriculture shall submit
to the j
oint
a
griculture,
p
ublic
l
ands and
water r
esources
i
nterim
c
ommittee
by
October 1
, 2006, a report identifying
the
actions taken, the
accomplishments
and the monies expended by
each county predator management board and the Wyoming animal damage management board
pursuant to this act and shall submit the report by October 1 annually thereafter
;

(
i
v)

A
request
of t
hree
million dollars ($
3
,000,000.00)
shall be in
cluded in
the department of agriculture's 200
9
-20
10
biennium standard budget request
for purposes of continuing funding of this program
.

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 House.

Chief Clerk

1