Livestock board.

WORKING DRAFT

ORIGINAL SENATE

FILE

NO.
0027

ENROLLED ACT NO. 68, SENATE

FIFTY-NINTH LEGISLATURE OF THE STATE OF
WYOMING
2007 GENERAL SESSION

AN ACT relating to the livestock board; modifying the appointment and control of the director of the livestock board; providing for supervision and control of deputy state veterinarians; making conforming changes; providing for and appeal process; and providing for an effective date.

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

Section 1.

W.S. 11
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18
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103(a)(intro), (i) and (ii), 11
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18
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105, 11
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18
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109(b), 11
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18
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110(a) and 11
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19
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103(b) and by creating new subsections (g) and (h) are amended to read:

11
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18
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103.

Livestock board; powers generally.

(a)

In addition to powers and duties hereinafter provided, the
Wyoming
livestock board
may
shall
:

(i)

Appoint a state veterinarian who is a graduate of a
recognized
veterinary college
recognized by the American Veterinary Medical Association and the Wyoming state board of veterinary medicine
and licensed to practice in Wyoming
, who shall be the chief executive officer

and who shall serve at the pleasure
of the board;

(ii)

And shall, in consultation with the state veterinarian, appoint a director. The board, in consultation
Consult
with the state veterinarian
, may appoint

when the state veterinarian appoints
deputy state veterinarians.
The director and
A
ny deputy state veterinarians shall act under the direction of the
Wyoming
livestock board and
its chief executive officer:
the state veterinarian.

(A)

Deputy state veterinarians shall be graduates of a veterinary college recognized by the American Veterinary Medical Association and the
Wyoming
state board of veterinary medicine. Deputy state veterinarians shall serve at the pleasure of the state veterinarian.
The state veterinarian shall supervise and control the action of the deputy state veterinarians and prescribe their duties and tenure of office.

11
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18
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105.

Livestock board; election of president; meetings generally.

The
Wyoming
livestock board shall elect one (1) of its members president. It shall meet at such times as called by the president, any three (3) members of the board
, the state veterinarian
or the
chief executive officer
director
.

11
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18
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109.

Disposition of collected fees and monies in general fund; payment of expenses of board.

(b)

The expenses incurred in the conduct of the business of the Wyoming livestock board
, the state veterinarian
and
its chief executive officer
the director
, including the per diem of members of the board, the salaries or wages of the
chief executive officer
director
, deputy state veterinarians and other necessary employees, traveling expenses, furnishing of offices, stationery, supplies and all other expenditures necessary and incident thereto, shall be paid out of the general fund appropriations provided by law. All expenses shall be itemized on the proper vouchers, approved by the
chief executive officer
director
, covered by proper receipts, and paid by the state treasurer from money appropriated by law.

11
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18
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110.

Director; deputy directors; term; powers and duties generally; orders subject to review.

(a)

The board shall appoint a director, who shall be the chief executive officer of the board.
The director shall serve at the pleasure of the
chief executive officer
board
and act as the secretary of the
Wyoming
livestock board, subject to the rules and regulations of the board. He may act for and perform the duties imposed by law upon the board when the board is not in session, but an order or regulation made by him is subject to review, modification or annulment by the board at any subsequent meeting.

11
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19
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103.

Quarantine of diseased animals generally; treatment thereof; effect of failure to obey order of state veterinarian; appeal; stay of action.

(b)

Whenever the state veterinarian finds any infectious or contagious disease among domestic animals in any section of the state he shall take such steps as will prevent the spread of the disease. As a sanitary measure, he may inspect and compel the dipping, spraying or other treatment of all such animals in
Wyoming
found to be infected or exposed to the disease, under such rules and regulations as he may adopt.
Any order or regulation made by the state veterinarian is subject to review, modification or annulment by the board at any subsequent meeting.

(g)

Any order or
other
action under this chapter may be appealed by the owner, or the agent of the owner, of the animals
a
ffected or by any aggrieved governmental entity to the board as follows:

(i)

The appeal shall be requested within thirty (30) days of the order or action, except that
a quarantine may be appealed at any time during the quarantine;

(ii)

An informal hearing may initially be requested. A formal hearing may subsequently be requested and shall be conducted as a contested case in accordance with the
Wyoming
Administrative Procedure Act. The board shall render a final decision in writing within ten (10) working days of the conclusion of the hearing;

(iii)

The board may alter, amend, annul or otherwise modify any order in the event the board finds:

(A)

The aggrieved person was injured by the order or regulation; and

(B)

The state veterinarian lacked legal authority for the order or regulation; or

(C)

The order or regulation was not needed to:

(I)

Protect the public health;

(II)

Prevent the spread of animal disease;

(III)

Preserve the ability to market
Wyoming
livestock efficiently; or

(IV)

Implement a specific requirement of
Wyoming
law.

(iv)

All decisions of the board are subject to judicial review under the
Wyoming
Administrative Procedure Act.

(h)

In the event of a foreign animal disease outbreak, an act of animal agro-terrorism or other animal health emergency, the state veterinarian shall have all of the resources of the livestock board at his disposal. When such an event occurs, the state veterinarian shall immediately notify the governor and shall advise him as to any additional resources which may be needed to address the emergency.

Section 2.

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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