Livestock dealer registration.

WORKING DRAFT

ORIGINAL SENATE

FILE

NO.
0015

ENROLLED ACT NO. 16, SENATE

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

AN ACT relating to agriculture and animals; providing for the registration of livestock dealers; providing for enforcement; providing a sunset date; and providing for an effective date.

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

Section 1.

W.S. 11
‑
22
‑
118 is created to read:

11
‑
22
‑
118.

Registration of livestock dealers; records; repeal.

(a)

Livestock dealers shall be registered with the board. Registration shall include the livestock dealer's address, phone number and premise identification number of their place of business if available.

(b)

A livestock dealer shall maintain
for a period of two (2) years brand inspection forms, all certificates of veterinary health inspection, all disease test charts and bills of sale showing purchase and sale of all livestock. Information showing purchase or sale prices may be redacted from these records. A livestock dealer shall make the records available to the board as part of any contagious disease outbreak investigation. The board may randomly audit up to ten percent (10%) of the livestock dealers annually to monitor for compliance.

(c)

After giving due notice and opportunity for hearing in accordance with the Wyoming Administrative Procedure Act, the board shall have the authority to deny an application for registration or to suspend or cancel the registration of a livestock dealer if:

(i)

There is adequate evidence to establish the livestock dealer had intent to violate or circumvent the record keeping requirements of this section or other animal health regulations; or

(ii)

The livestock dealer has repeatedly demonstrated an unwillingness to keep records as required by subsection (b) of this section.

(d)

Records obtained by the board pursuant to subsection (b) of this section are privileged and confidential commercial information for purposes of the Wyoming Public Records Act, W.S. 16
‑
4
‑
201 through 16
‑
4
‑
205.

(e)

This section is repealed effective June 30, 2016.

Section 2.

W.S. 11
‑
22
‑
101(a) by creating new paragraphs (iv) and (v) and by amending and renumbering (iv) as (vi) is amended to read:

11
‑
22
‑
101.

Definitions; exceptions to provisions.

(a)

As used in this act:

(iv)

"Livestock dealer" means:

(A)

Any person engaged in the business of buying or selling livestock in commerce, either for his own account or as an employee or agent of the seller or buyer; or

(B)

Any person who engages in the regular business of buying or selling livestock in commerce on a commission basis as set forth in rules by the Wyoming livestock board. This paragraph is repealed effective June 30, 2016.

(v)

"Livestock dealer" does not include any person who buys or sells livestock as part of his own bona fide breeding, feeding, showing, dairy, meat or wool production operation; any person who takes a security interest, including liquidation of that interest, in livestock in the ordinary course of his business; or any person who buys occasionally but not as a part of his regular business as set forth in rules promulgated by the Wyoming livestock board. This paragraph is repealed effective June 30, 2016;

(iv)
(vi)

"This act" means W.S. 11
‑
22
‑
101 through
11
‑
22
‑
118
11
‑
22
‑
119
.

Section 3.

W.S. 11
‑
22
‑
118 is amended and renumbered as 11
‑
22
‑
119 to read:

11
‑
22
‑
118
11
‑
22
‑
119
.

Penalty.

Any person who violates W.S. 11
‑
22
‑
101 through
11
‑
22
‑
117
11
‑
22
‑
118
or any rule or regulation adopted by the board pursuant to this act shall be punished as provided in W.S. 11
‑
1
‑
103.

Section 4.

W.S. 11
‑
22
‑
101(a)(iii)(B) is repealed.

Section 5.

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

1