Sheep feedlot exportation permit.

WORKING DRAFT
2008
STATE OF
WYOMING
08LSO-0187

HOUSE BILL
NO.
HB0106

S
heep feedlot exportation permit
.

Sponsored by:
Representative(s) Anderson, R. and Senator(s) Johnson

A BILL

for

AN ACT relating to
brands; authorizing an annual sheep feedlot exportation permit; establishing the fee for the exportation permit;

requiring reports;
providing for enforcement;
mak
ing conforming amendments;
and providing for an effective date.

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

Section 1.

W.S. 11
‑
20
‑
231 is created to read:

11
‑
20
‑
231.

Sheep feedlot exportation permit
; com
pliance with health regulations
;
recordkeeping;
reports
.

(a)

Subject to conditions set forth in this secti
on, no inspection for brands or
ownership is required o
n
sheep being
transport
ed from a
Wyoming

commercial
feedlot

directly to a
commercial
feedlot in another state or directly to a
livestock slaughter facility
, if the commercial feedlot
owner or operator
provide
s
documentation that within the preceding one hundred twenty (120) days:

(i)

The sheep have been brand inspected in
Wyoming
; or

(ii)

There has been a
documented
out
-
of
-
state
change of ownership
.

(b)

The
commercial
feedlot owner
or operator
shall pay an
y applicable
brand inspection
fee
pursuant to
W.S. 11
‑
20
‑
402(
c
)
.
The permit shall be valid for the calendar year issued and no shipments shall be authorized until a permit has been issued. The permit shall be nontransferable.

(c)

The
commercial
feedlot owner
or operator
shall keep a weekly re
c
or
d
of the number of sheep shipped into
and out of
the
commercial
feedlot,
documentation of the ownership of the sheep,
the method of transportation and the destination of the sheep
shipped out of the commercial feedlot
.
The commercial feedlot owner or operator shall file a monthly report with the board which shall include a summary of the weekly records. The reports may be filed with the board in person, by mail, by facsimile or electronically.
The board shall approve the form to be filed under this
sub
section.

(d)

Any
commercial
feedlot is subject at any time to inspection of the facilities and any records kep
t
under this section
, including documentation of ownership and brand inspections
.

For a
ll sheep shipped under this section
, the commercial feedlot owner or operator
shall comply with all other
applicable laws, including written evidence
of compliance with all
Wyoming
health and quarantine regulations.

(
e
)

The board shall issue to any
commercial
feedlot
owner or operator
in complianc
e
with this section a sheep feedlot
expo
rtation permit. A copy of the
sheep feedlot exportation
permit shall be
in
the
possession
o
f
the
person
transport
ing
the
sheep from the
commercial
feedlot
and
the

permit
shall be shown upon request to any officer authorized to enforce brand inspection laws.

Failure to comply with this section or
any
other
applicable law, rule or board order shall
be grounds for the revocation of the permit and shall be punish
abl
e
pursuant to W.S. 11
‑
1
‑
103.

Section 2
.

W.S.
11
‑
1
‑
103, 11
‑
20
‑
203(a) and (c), 11
‑
20
‑
227, 11
‑
20
‑
229,
11
‑
20
‑
402 by creating a new
subsection
(
c
)
and 11
‑
20
‑
409 are
amended to read:

11
‑
1
‑
103.

Penalty for violations.

A person who violates any of the following sections commits a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both for the first offense, or by imprisonment for not more than one (1) year, a fine of not more than one thousand five hundred dollars ($1,500.00), or both for second or subsequent offenses: W.S. 11
‑
6
‑
210(a) or (f), 11
‑
18
‑
112, 11
‑
19
‑
101, 11
‑
19
‑
102, 11
‑
19
‑
111, 11
‑
19
‑
401, 11
‑
20
‑
114, 11
‑
20
‑
117, 11
‑
20
‑
229,
11
‑
20
‑
230,

11
‑
20
‑
231,

11
‑
21
‑
104, 11
‑
22
‑
118, 11
‑
23
‑
106, 11
‑
23
‑
207, 11
‑
24
‑
106 and 11
‑
30
‑
114. A person who violates board rules promulgated pursuant to W.S. 11
‑
18
‑
103(a)(v) shall be subject to the penalties specified in this section.

11
‑
20
‑
203.

Inspection of brands at time of delivery or removal; certificate required; lack thereof.

(a)

Except as hereafter provided or except as provided in W.S. 11
‑
20
‑
211, 11
‑
20
‑
224
,

and
11
‑
20
‑
230

and 11
‑
20
‑
231
,

it is unlawful for any person, firm, partnership, corporation, or association to sell, change ownership or to remove or cause to be removed in any way from any county in Wyoming to any other state or country, any livestock unless each animal has been inspected for brands and ownership at the time of delivery or removal by an authorized Wyoming brand inspector and a proper certificate of inspection or clearance has been issued.

(c)

Except as hereafter provided or except as provided in W.S. 11
‑
20
‑
211, 11
‑
20
‑
217, 11
‑
20
‑
224
,

and
11
‑
20
‑
230

and 11
‑
20
‑
231
,
it is unlawful for any person, firm, partnership, corporation or association to remove or cause to be removed in any way from any county in Wyoming to any other county, any livestock unless each animal has been inspected for brands and ownership at the time of delivery or removal by an authorized Wyoming brand inspector and a proper certificate of inspection or clearance has been issued, except where the board has established brand inspection zones for each species of livestock. Brand inspection zones may encompass an area based on multiple contiguous counties or the entire state, as determined by the board. Brand inspection zones shall be reviewed and reauthorized annually by the board and shall be in effect for a calendar year.

11
‑
20
‑
227.

Fraudulent use of inspection certificate and movement permit; penalties.

Fraudulent use of an inspection certificate and movement permit issued pursuant to W.S. 11
‑
20
‑
224
,
11
‑
20
‑
225
,

or
11
‑
20
‑
230

or 11
‑
20
‑
231

is punishable by a fine of not more than one hundred dollars ($100.00) or by imprisonment for not more than thirty (30) days, or both. The fraudulent use of an inspection certificate and movement permit issued pursuant to W.S. 11
‑
20
‑
224
,
11
‑
20
‑
225
or 11
‑
20
‑
230
is probable cause to investigate the commission of a felony, and the provisions of W.S. 11
‑
20
‑
228 may be invoked pending the outcome of the investigation and court proceedings, if any.

11
‑
20
‑
229.

Penalties for violation of certain provisions.

Any violation of the provisions of W.S. 11
‑
20
‑
202 through 11
‑
20
‑
226
,

and
11
‑
20
‑
230

and 11
‑
20
‑
231
for which there is no specific penalty prescribed is punishable as provided in W.S. 11
‑
1
‑
103.

11
‑
20
‑
402.

Miscellaneous inspection fees.

(
c
)

The board shall establish and, through its authorized inspectors, shall collect t
he fee for a sheep feedlot exportation permit under W.S. 11
‑
20
‑
231, of not
more
than four thousand dollars ($4,000.00) per
calendar
year.

11
‑
20
‑
409.

Issuance of certificate.

All fees required by W.S. 11
‑
6
‑
210, 11
‑
20
‑
201 through
11
‑
20
‑
230
, 11
‑
20
‑
401 and 11
‑
20
‑
402 shall be due and payable upon the issuance of a certificate of brand inspection
,

or
clearance

or permit
. No fees required by W.S. 11
‑
6
‑
210 shall be collected on the same livestock more than once in any twelve (12) month period.

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)

1
HB0106