Livestock identification system.

WORKING DRAFT
2009
STATE OF
WYOMING
09LSO-0211

HOUSE BILL
NO.
HB0263

Livestock
identification system.

Sponsored by:
Representative(s) Wallis and Shepperson

A BILL

for

AN ACT relating to the livestock board;
requiring a comprehensive state livestock identification system for identification and disease control;
prohibiting state participation in a
n

any regional or national
livestock
identification system;
requiring the implementation of a state livestock identification
program
;
voiding all cooperative agreements and identification lists based on
any regional or national livestock
identification system; prohibiting spending of any public funds on
any regional or national livestock
identification system; authorizing and restricting private
livestock
identification systems and public systems for
livestock ownership and
disease control programs;
making conforming amendments;
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
‑
18
‑
120 is created to read:

11
‑
18
‑
1
20
.

Livestock identification
system.

(a)

The
Wyoming
livestock board shall establish a state livestock identification program for the purpose of traceability of livestock ownership and livestock disease prevention and control. The
Wyoming
livestock board may utilize the existing brand registration and inspection program as part of the
Wyoming
identification program, but it shall not replace the
Wyoming
brand program.

(b)

Nothing in this
section
shall be construed as prohibiting private

agricultural industry organizations from establishing voluntary source verification

programs for their own members or others who elect to participate.

(
c
)

A private source verification progra
m
,
identification system, device
or

marking shall not obliterate or supersede or otherwise make unreadable
any
brand or mark on any animal.

A source verification

program's rules
shall
not supersede
Wyoming
's
brand or marking system rules as

a matter of law.

(
d
)

Except for the brand program as provided under W.S. 11
‑
20
‑
101 through 11
‑
20
‑
409,
and the
Wyoming
livestock identification program under subsection (a) of this section.
Wyoming

shall not establish
a livestock identification source
v
erification
system
.

(e)

Wyoming
shall not
participate in
any regional or national livestock identification
system or any other
regional or national
source verification program.

The prohibition in this subsection shall apply to the components of any regional or national source verification program, including premises registration and databases, livestock identification and databases and animal movement tracing and databases

(
f)

Wyoming
shall not enter into any cooperative agreement

with
the federal government

or
with any
other state
relating
to the establishment of animal tracking, tagging,

registration or information
databases
, premises registration or information
databases
, use of microch
ips for animal tagging purposes

or
other matters related

to
an
livestock identification
system
. A
ll cooperative agreements between
Wyoming
and
the federal government, or between
Wyoming

and
any
other state, established prior to the effective

date of this s
ection shall be withdrawn from or terminated pursuant to the withdrawal or termination clause of each agreement.

(
g
)

Nothing in this
section
shall be construed as prohibiting
Wyoming

from participating in disease control programs specifically designed to

address a known disease in a specific species of livestock.

(h)

No state funds shall be used to support any regional or national
livestock
identification system or any other regional or national source verification program.

(
j
)

No services, compensation, favors, payments, credits, benefits,

licenses, permits, certifications, insurance or risk management coverage, special
consideration
or other incentives may be provided by any public or private

person, directly or indirectly, to any participant in an
livestock identification
or

premises registration program based solely on that person's participation in such

program.

(
k
)

No services, compensation, favors, payments, credits, benefits,

licenses, permits, certifications, insurance or risk management coverage, special

consider
ation
or other in
centives may be denied, revoked
or limited by any

public or private person, directly or indirectly, based solely on that person's lack

of participation in an
livestock identification
or premises registration program.

(m)

The
Wyoming
livestock board shall submit an annual report to the joint agriculture, state and
public
lands and water resources interim committee by September 1 of each year, beginning
in 2010
. The report shall identify the actions taken and monies expended under the livestock identification program.

Section 2.

W.S. 11
‑
18
‑
117 is amended to read:

11
‑
18
‑
117.

Confidentiality of livestock premises and identification records; penalties.

(a)

Except as provided by subsection (b) of this section, all records, data and information collected by the state, recorded or otherwise,
for the purposes of a national livestock identification program
shall be confidential and are not public records for purposes of W.S. 16
‑
4
‑
201 through 16
‑
4
‑
205. The records, data and information shall be released only upon order of the
Wyoming
livestock board to appropriate governmental agencies for the purposes of
a national livestock identification program,
disease outbreak or law enforcement investigation. The board shall not release any records, data or information to a federal agency until the agency confirms in writing that it will maintain the records, data and information as confidential and that they are not subject to the federal Freedom of Information Act, 5 U.S.C. § 552, as amended. Upon release by the board of any information to any other governmental entity, the board shall notify the person to whom the information refers or pertains that the release has been made, the name of the entity to whom the information was released and shall provide a copy or summary of the information contained in the release. The records, data and information shall not be subject to discovery or introduction into evidence in any civil action.

(b)

The Wyoming livestock board may release information
collected for the purposes of a national livestock identification program
related to the ownership and location of individual animals to the extent the information is useful in controlling or preventing a disease outbreak or to show particular animals or herds are not involved in a disease outbreak. The information released may be a public release or may be limited to specific individuals with a need to know the information, as the livestock board deems the circumstances require.

(c)

A person who knowingly provides false information to the
Wyoming
livestock board
for purposes of
a national livestock identification program
controlling or preventing a disease outbreak

shall be guilty of a misdemeanor punishable by a fine of up to one thousand dollars ($1,000.00), imprisonment for up to six (6) months, or both.

(d)

A person who refuses to provide to the livestock board information that is required under the authority of the livestock board for purposes of
a mandatory national livestock identification program
controlling or preventing a disease outbreak
shall be guilty of a misdemeanor punishable by a fine of up to one thousand dollars ($1,000.00), imprisonment for up to six (6) months, or both.
Section 3
.

There is appropriated one hundred seventy thousand dollars ($170,000.00) 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 implementing the
Wyoming
livestock identification system. 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. This appropriation shall not be included in the
Wyoming
livestock board's 2011-2012 standard biennial budget request.

Section 4
.

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)

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HB0263