Brands.

WORKING DRAFT
2009
STATE OF
WYOMING
09LSO-0126

HOUSE BILL
NO.
HB0208

Brands.

Sponsored by:
Representative(s) Wallis and Senator(s) Schiffer

A BILL

for

AN ACT relating to
brands; creating the
Wyoming
heritage brand program; amending brand registrations; amending brand recording and transfer fees as specified; providing for brand transfer lists; providing an appropriation;
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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20
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126 and 11
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20
‑
501 through 11
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20
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509 are created to read:

11
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20
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126.

Brand transfer listing.

The board shall maintain a computer database list of brands that are available for sale. Any brand owner wanting to sell a brand may submit the brand and contact information to the board along with a filing fee of fifty dollars ($50.00). The board shall post the available brand and contact information on the board's website. Once the board has processed a brand transfer, the board shall delete the brand from its brand transfer list.

ARTICLE 5
WYOMING
HERITAGE BRANDS

11
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20
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501.

Wyoming
heritage brands.

There is created the
Wyoming
heritage brand program to be administered by the
Wyoming
livestock board. A
Wyoming
heritage brand shall be used for decorative purposes only and shall not be used on livestock.

11
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20
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502.

Wyoming
heritage brands; application; contents; recording fees; refund; disposition thereof.

(a)

Any person desiring to adopt a Wyoming heritage brand to be used in this state, shall before using the Wyoming heritage brand make application to the Wyoming livestock board. The application shall contain a facsimile or a description of the
Wyoming
heritage brand and shall be on a form approved by the board.

(b)

The application shall be accompanied by a one (1) time recording fee of one hundred fifty dollars ($150.00). In the event a
Wyoming
heritage brand is not recorded, twenty-five dollars ($25.00) of the recording fee shall be retained by the
Wyoming
livestock board and the balance of the fee shall be refunded to the applicant. A certified copy of the recorded
Wyoming
heritage brand shall be given to the owner. All fees collected shall be deposited into the account created by W.S. 11
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20
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405.

(c)

Wyoming
heritage brand applications under this section may be charged a surcharge pursuant to W.S. 11
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20
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405(c).

11
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503.

Brands; recording generally; records kept by board.

(a)

Upon receipt of the application and fee the
Wyoming
heritage brand shall be recorded in the state
Wyoming
heritage brand database. If the
Wyoming
heritage brand has been previously recorded the director shall suggest a
Wyoming
heritage brand that can be recorded. The director shall not record any
Wyoming
heritage brand which in his opinion would conflict with any
Wyoming
heritage brand of record.

(b)

The board shall keep and maintain an accurate record of all
Wyoming
heritage brands, the names of the owners and their post office addresses, which shall be open to public inspection.

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504.

Recorded
Wyoming
heritage brand; considered as property; subject to sale; written instrument required; acknowledgment and recording.

Any
Wyoming
heritage brand recorded as required by law is the property of the person in whose name it is recorded, and is subject to sale, assignment, transfer, devise and descent as personal property. Instruments of writing evidencing sale, assignment or transfer shall be acknowledged and recorded in the office of the board. Acknowledgment and recording of such instruments have the same effect as to third parties as the acknowledgment and recording of instruments affecting real estate.

11
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505.

Recorded
Wyoming
heritage brand; bill of sale; when title vests.

Any recorded
Wyoming
heritage brand may be conveyed to another by a bill of sale executed by the vendor, properly acknowledged, but the conveyance is not complete nor does title to the
Wyoming
heritage brand vest in the vendee until the bill of sale is filed for record in the office of the board.

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506.

County clerk prohibited from recording brands.

It is unlawful for any county clerk in this state to record any
Wyoming
heritage brand or bill of sale of any
Wyoming
heritage brand.

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507.

Use of unrecorded or abandoned brand prohibited; failure to record deemed abandonment.

No person shall claim or own any
Wyoming
heritage brand which has not been recorded in the office of the
Wyoming
livestock board. Failure to record a
Wyoming
heritage brand is an abandonment of the same. No person shall claim or use any abandoned
Wyoming
heritage brand until after he has caused the same to be recorded as required by law.

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508.

Fees for transfer of ownership or alteration of
Wyoming
heritage brand; recording bill of sale deemed renewal.

(a)

For recording a bill of sale or other instrument transferring ownership of a recorded brand, including a name or address change, and issuing a certificate of transfer, fifty dollars ($50.00) shall be charged for each recorded
Wyoming
heritage brand.

(b)

The fees collected pursuant to this section shall be deposited in the account created by W.S. 11
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20
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405.

(c)

Wyoming
heritage brand transfers or alterations under this section may be charged a surcharge pursuant to W.S. 11
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20
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405(c).

11
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509.

Wyoming
heritage brand transfer listing.

The board shall maintain a database list of
Wyoming
heritage brands that are available for sale or transfer. Any
Wyoming
brand owner may submit the
Wyoming
heritage brand and contact information to the board along with a filing fee of fifty dollars ($50.00). The board shall post the available
Wyoming
heritage brand and contact information on the board's website. Once the board has processed a
Wyoming
heritage brand transfer, the board shall delete the
Wyoming
heritage brand from its brand transfer list.

Section 2.

W.S. 11
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20
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101(a) by creating a new paragraph (ix), 11
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20
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103(b), 11
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115(a) and by creating a new subsection (d), 11
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116(a) and (c) and 11
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20
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405(a) are amended to read:

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101.

Definitions.

(a)

As used in this act:

(ix)

"
Wyoming
heritage brand" means a brand used for decorative purposes only and shall not be used on livestock.

11
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103.

Brands; application; contents; recording fees; refund; disposition thereof.

(b)

The application shall be accompanied by a
one (1) time
recording fee of not less than
one hundred fifty dollars ($150.00)

three hundred dollars ($300.00)
for the first species of livestock and not less than
seventy-five dollars ($75.00)

one hundred dollars ($100.00)
for each additional species of livestock for which the brand is to be used. In the event a brand is not recorded, twenty-five percent (25%) of the recording fee shall be retained by the
Wyoming
livestock board and the balance of the fee shall be refunded to the applicant. A certified copy of the recorded brand shall be given to the owner. All fees collected shall be deposited into the account created by W.S. 11
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20
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405.

11
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115.

Rerecording; when required; notice; abandonment.

(a)

Except as provided by
subsection

subsections
(b)
and (d)
of this section, every tenth year after recording a brand, every owner of a brand shall rerecord the brand, and failure to do so is an abandonment of the brand. At least sixty (60) days preceding the expiration date of the brand, the board shall notify by mail, at the address shown on the brand records, the party owning the brand that the brand must be rerecorded and if the brand has not been rerecorded within sixty (60) days from the expiration date of the brand will be declared abandoned and will be allowed to other applicants.

(d)

Effective January 1, 2010, when the brand comes up for renewal under subsection (b) of this section, every owner of a brand shall rerecord the brand one (1) time and shall designate the brand as a livestock brand or as a Wyoming heritage brand and shall pay the renewal fee specified by W.S. 11
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20
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116 or 11
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502(b). The board shall promulgate rules and regulations necessary to carry out the provisions of this subsection.

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116.

Fees for renewal, transfer of ownership or alteration of brand; recording bill of sale deemed renewal.

(a)

For
renewing

rerecording
any brand previously recorded and issuing a certificate of renewal, the board shall charge not less than three hundred dollars ($300.00). The fee shall cover any additional species of livestock for which the brand was previously recorded.

(c)

The recording of a bill of sale or other instrument transferring ownership of a recorded brand during any
renewal

rerecording
period shall not serve as a
renewal

rerecording
of the brand. Transfer of ownership and
renewal

rerecording
of a brand are separate transactions, for each of which the appropriate fee will be collected.

11
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405.

Collection and disposition.

(a)

Any funds appropriated by the legislature and all fees collected pursuant to W.S. 11
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101 through
11
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124

11
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126
, 11
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201 through 11
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230, 11
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401
,

and
11
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402
and 11
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501 through 11
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509

shall be remitted to the state treasurer for deposit in the inspection account. Interest earned by the account shall be retained in the account. Monies within the account are subject to legislative review and appropriation for use and expenditure by the board. Itemized vouchers shall be submitted to the chief executive officer of the board for approval. Upon approval, a warrant for the payment of each voucher shall be issued by the state auditor for payment from the inspection account. Notwithstanding W.S. 9
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2
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1022(a)(xi)(E), the board shall expend monies from the account created by this section only for the purposes authorized by W.S. 11
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20
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201 through 11
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230,
and
11
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101 through 11
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124

and 11
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501 through 11
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509
.

Section 3.

(a)

There is appropriated

fifty thousand dollars ($50,000.00)
from the

general
fund to the

Wyoming
livestock board
. This appropriation shall be for the period beginning with the effective date of this act and ending June 30, 2010.

This appropriation shall only be expended for the purpose of
establishing the heritage brand program provided under this act and to fund the contract position authorized under subsection (b) of this section.

Notwithstanding any other provision of law, this appropriation shall not be transferred or expended for any other purpose and any unexpended, unobligated funds remaining from this appropriation shall revert as provided by law on
June 30, 2010
.

(b)

There is authorized one (1) additional contract position to the

Wyoming
livestock board
for the purposes of implementing the heritage brand program authorized under this act.

(c)

This appropriation shall
not
be included in the

Wyoming
livestock board
2011-2012 standard biennial budget request.

Section 4.

This act is effective July 1, 2009.

(END)

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HB0208