Pet Animal Care and Facilities Act.

WORKING DRAFT
2009
STATE OF
WYOMING
09LSO-0207

SENATE FILE
NO.
SF0133

Pet
A
nimal
Care and Facilities Act.

Sponsored by:

Senator(s) Geis

A BILL

for

AN ACT relating to
domestic animals; creating the Wyoming
Pet Animal Care and Facilities Act; providing definitions; providing for pet animal facility licenses; providing for animal holding periods; providing for disposition of unclaimed animals; providing for rule
making
; providing for bird leg bands; requiring recordkeeping; providing for inspections and investigations; establishing an advisory committee; creating a pet animal care and facility account;
requiring a report; providing for enforcement; providing penalties;
providing a sunset date;
authorizing positions; 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
‑
48
‑
101 through 11
‑
48
‑
1
2
1

and 18
‑
2
‑
116
are created to read:

CHAPTER 48
PET ANIMAL CARE AND FACILITIES ACT

11
‑
48
‑
101.

Short title.

This
chapter
shall be known and may be cited as the "Pet Animal Care and Facilities Act
".

11
‑
48
‑
102.

Definitions.

(a)

As used in this
chapter:

(
i
)

"Abandon" means the leaving of an animal without adequate provisions for the animal's proper care by its owner, the person responsible for the animal's care or custody or any other person having possession of the animal;

(ii)

"
Animal shelter" means a public or private facility licensed pursuant to this
chapter
and the rules and regul
ations adopted pursuant to this
chapter
;

(
iii
)

"Bird hobby breeder facility" means any facility engaged in the operation of breeding and raising birds for the purpose of personal enjoyment that does not transfer more than thirty
(30)
birds per year
;

(
iv
)

"
Board
" means the
Wyoming
livestock board;

(
v
)

"Canine hobby breeder facility" means any facility which transfers no more than twenty-four
(24)
dogs per year or breeds no more than two
(2)
litters
per year, whichever is greater;

(
vi
)

"
Director
" means the
director
of
the
Wyoming

livestock board
;

(
vii
)

"Committee" means the pet animal adviso
ry committee created
by

W.S.
11
‑
48
‑
119;

(
viii
)

"Dispose" or "disposition" means adoption of a pet animal, return of a pet animal to the owner, release of a pet animal to a rescue group licensed pursuant to this
chapter
, release of a pet animal to another pet animal facility licensed pursuant to this
chapter
or to a rehabilitator licensed by the
Wyoming game and fish department
or the United States fish and
wildlife service or euthanasia;

(
ix
)

"Dog breeder" means any firm, person or corporation which is engaged in the operation of breeding and raising dogs for the purpose of selling, trading, bartering, giving away, or otherwise transferring
dogs
, excluding racing greyhounds that are no
t intended to be companion pets;

(
x
)

"Dog breeder, large scale operation" or "large scale operation dog breeder" means a dog breeder that transfers at least one hundred
(100)
dogs per year, excluding racing greyhounds that are no
t intended to be companion pets;

(
xi
)

"Dog breeder, small scale operation" or "small scale operation dog breeder" means a dog breeder that transfers at least twenty-five
(25)
but no more than ninety-nine
(99) dogs per year;

(
xii
)

"Euthanasia" means to produce a humane death by techniques accepted by the American
veterinary medical association;

(
xiii
)

"Feline hobby breeder facility" means any facility that produces or transfers no more than twenty-four
(24)
cats per year or breeds no more than three
(3) litters per year;

(
xiv
)

"Licensed veterinarian" means a person who is licensed to practice veterinary medicine in this state pursuant to
W.
S
. 33
‑
30
‑
203
;

(
xv
)

"Livestock" means
as defined in W.S. 11
‑
6
‑
302(a)(vi)
;

(
xvi
)

"Pet animal" means dogs, cats, rabbits, guinea pigs, hamsters, mice, ferrets, birds, fish, reptiles, amphibians and invertebrates, or any other species of wild or domestic or hybrid animal sold, transferred or retained for the purpose of being kept as a household pet, except livestock, as defined in
paragraph
(
xv)
of this
sub
section.

"Pet animal" does not include an animal that is used for work
ing purposes on a farm or ranch;

(
xvii
)

"Pet animal facility" means any place or premise used in whole or in part, which part is used for the keeping of pet animals for the purpose of adoption, breeding, boarding, grooming, handling, selling, sheltering, trading or otherwise transferring such animals.

"Pet animal facility" also includes any individual animal kept by such a facility as breeding stock, such licensing of individual breeding stock to be inclusive in the pet animal facility license.

"Pet animal facility" shall not mean
a
common carrier engaged in intrastate or interstate commerce.

"Pet animal facility" shall not mean
a veterinary clinic, unless the veterinary clinic provides commercial board or grooming services.

For purposes of this
chapter
, two
(2)
or more animal facilities that have the same or a similar purpose and operate from one
(1)
place or premise
shall be consider
ed a single pet animal facility;

(
xviii
)

"Pet animal rescue" means any person licensed pursuant to this
chapter
who accepts pet animals for the purpose of finding permanent adoptive homes for animals and does not maintain a central facility for keeping animals, but rather uses a system of fostering in private homes or boarding or keeping pets in
licensed pet animal facilities;

(
xix
)

"Prospective owner" means a person who has no prior rights of ownership
to the pet animal to be adopted;

(
xx
)

"Release" means adoption, sale or other transfer to the permanent custody of an owner by an anim
al shelter or pet animal rescue;

(
xxi
)

"Small animal breeder facility" means any facility that transfers more small mammals than the maximum number established by the
board
by r
ule for each particular species;

(
xxii
)

"Small animal hobby breeder facility" means any facility that transfers a number of small mammals that is less than the maximum number established by the
board
by r
ule for each particular species;

(
xxi
ii
)

"Sterilization" means the act of permanently rendering an animal incapable of reproduction.

The term applies to surgical methods, including the procedures commonly referred to as spay and neuter and nonsurgical methods and technologies approved by the United States food and drug administration, the United States department of agriculture or other appropriate designated federal authority.

11
‑
48
‑
1
03
.

Powers and duties of the
director
; board
.

(
a
)

The
director
is authorized to administer and enforce the provisions of this
chapter
and any rules and regulations adopted pursuant
to this chapter
.

(
b
)

The
boa
r
d
is authorized to adopt all reasonable rules and regulations for the administration and enforcement of this
chapter
, including, but not limited to:

(
i
)

Minimum standards of physical facility, sanitation, ventilation, heating, cooling, humidity, spatial and enclosure requirements, nutrition,
humane care, medical treatment
and method of operation, including the minimum holding period for and disposition of stray or abandoned pet animals that are, in the opinion of the
board
, necessary to carry out the provisions of this
chapter
,
except that each holding period shall comply with
W.S. 11
‑
48
‑
107(a
);

(
ii
)

The minimum weight requirement for the transfer of cats
;

(
iii
)

Maintenance of records concerning health
care, euthanasia
and transactions involving pet animals;

(
iv)

The establishment of qualifications for any applicant and standards of practice for any of the licenses authorized under this
chapter
, including the establishment of classifications and subclassifications for any license authorized under this
chapter
;

(
v
)

The issuance and reinstatement of any license authorized under this
chapter
and the grounds for any disciplinary actions authorized under this
chapter
, including letters of admonition or the denial, res
triction, suspension
or revocation of any license authorized under this
chapter
; and

(
vi
)

The amount of any license fee for a pet animal facility license.

Such license fee may be different for different classifications and subclassifications of any license authorized under this
chapter
.

(
c
)

The
director
is authorized to conduct hearings required under
W.S. 11
‑
48
‑
115
and
11
‑
48
‑
117
pursuant to
the Wyoming Administrative Procedure Act
and to use administrative law judges to conduct such hearings when their use would result in a net saving of costs to the
board
.

(
d
)

The
board
is authorized to determine the amount of any licensing fee authorized under this
chapter
based on the actual cost of administering and enforcing the
chapter
and any rules and regulations adopted pursuant
to
th
is chapte
r.

(
e
)

The
director
is authorized to enter into cooperative agreements with any agency or political subdivision of this state or with any agency of the
United States
government for the purpose of carrying out the provisions of this
chapter, receiving grants-in-aid
and securing uniformity of rules.

(
f
)

The powers and duties vested in the
director
by this
chapter
may be delegated to qualified employees of the
board
.

(
g
)

The
board
shall appoint an advisory committee pursuant to
W.S. 11
‑
48
‑
119.

11
‑
48
‑
10
4
.

Scope.

(
a
)

Any person who operates a pet animal facility that is licensed as of
Jun
e 3
0
,
200
9, by the United States department of agriculture shall not be subject to the routine inspection provisions of this
chapter
but shall be subject to all other provisions, including but not limited to those concerning licensure and investigation of reported violations.

(
b
)

The provisions of this
chapter
shall not apply to
:

(
i
)

Any veterinary hospital
that
boards pet animals for the purpose of veterinary medical care only and does not actively solicit boarding business in any way;

(
ii
)

Any research facility, circus
or publicly or privately owned zoological park or petting zoo licensed or registered under the provisions of the federal "Animal Welfare Act of 1970", 7 U.S.C. sec
tion
2131 et seq., as amended;

(
iii
)

Any bird hobby breeder facility, canine hobby breeder facility, feline hobby breeder facility, smal
l animal hobby breeder facility
or any other hobby breeder facility as defined by the
board
which is specific to other pet animal species;

(
iv
)

Any pet animal training facility where the pet animal owner or
the
owner's designee, other than a training facility operator, is present during the duration of the animal's stay;

(
v
)

Any kennel operated for the breeding
,
sale or racing of racing greyhounds that are not intended to be companion pets;

(
vi
)

Any wildlife regulated by the
Wyoming
game and fish
department
;

(
vii
)

Livestock, as defined in
W.S. 11
‑
48
‑
102(a)(xv)
;

(
vii
i)

Any owner, breeder, handler, or trainer while transporting a pet animal to or from or exhibiting or competing at any event licensed, regulated or sanctioned by the American
kennel club, united kennel club
or any other nationally recognized registering organization.

(
c)

Any pet animal facility structure in existence and licensed by the department of health through
June 30, 2009
that was in compliance with th
e
department
of health
's regulations for such licenses shall be exempt from any conflicting requirements of this
chapter
or rules and regulations of the
board
concerning physical premises
.

(
d
)

Any laws or rules promulgated for pet animal facilities shall not require the construction of any new buildings or major reconstruction of the existing physical premises o
r
facilities specified in subsection (
c
)
of this section
.

11
‑
48
‑
10
5
.

Pet animal facility license.

Any person operating a pet animal facility shall possess a valid pet animal facility license issued by the
board

in accordance with this
chapter
and any rules and regulations adopted by the
board
in accordance with the provisions of this
chapter
.

11
‑
48
‑
10
6
.

Pet animal facility; license; application; fees.

(
a
)

Each applicant for a pet animal facility license shall submit an application providing all required information in the form and manner required by the
board
.

(
b
)

Each location of a pet animal facility shall be separately licensed
.

(
c
)

If a pet animal facility operates under more than one
(1)
business name from a single location:

(
i
)

No additional pet animal facility license shall be required for the different business names;

(
ii
)

The pet animal facility operator must maintain separate records pursuant to
W.S.

11
‑
48
‑
110
for each such business name; and

(
iii
)

The name of each business providing services that are related to those of a pet animal facility shall be listed with the
director
in the form and manner designated.

The
board
may require that a separate fee be paid for each such business name.

(d
)

Each applicant for a pet animal facility license shall pay an annual license fee in the amount specified by rule of the
board
, which amount shall not exceed three hundred fifty dollars
($350.00)
per license.

(e
)

Each pet animal facility license shall expire on March 1 of each year
.

(
f
)

Each licensee shall report to the
board
, in the form and manner the
board
shall designate, any change to the information provided in the application or reports previously submitted within fifteen
(15)
days of any such change.

(
g
)

Licenses issued pursuant to this
chapter
shall not be transferable.

11
‑
48
‑
10
7
.

Pet animal facility license renewal.

(
a)

Each pet animal facility shall apply to renew its license on or before the first working day of March for the year of renewal.
The
application shall be in the form and manner prescribed by the
board
and shall be accompanied by the required renewal fee.

(
b
)

If the application for renewal is not postmarked on or before the first working day of March for the year of renewal, a penalty fee of ten percent
(10%)
of the renewal fee shall be assessed.

No license shall be renewed until the renewal fee and any penalty fee are paid.

(
c
)

If the application and fee for renewal are not postmarked on or before April 1, the license shall not be renewed and the pet animal facility shall apply for a new license.

(
d
)

The
board
may refuse to renew a license pursuant to this section for failure to pay an outstanding civil penalty imposed under
W.S.
11
‑
48
‑
117
.

11
‑
48
‑
10
8
.

Animal holding periods; disposition of unclaimed animals; immunity from actions over disposition of a pet animal.

(a
)

Any pet animal held by or in the custody of a
n

a
nimal shelter
licensed as a pet animal facility under this chapter
, whether public or private, and not reclaimed by the owner shall be held by the animal shelter for a minimum of five
(5)
days after acquisition by the animal shelter before it may become available for adoption or otherwise disposed of at the discretion of the animal shelter
,
except that a shelter supervisor may determine that a pet animal without identification, including but not limited to a microchip or collar, may be disposed of in three
(3)
days if
the
shelter supervisor determines the shelter has no additional resources for
the
pet animal or determines that
the
pet animal is dangerous.

For purposes of this section, "days" means days during which the shelter is open to the public.

If the animal shelter acquires the pet animal from the owner or an authorized representative of the owner, the pet animal becomes the property of the animal shelter at the time of transfer of the pet animal, and the pet animal may be disposed of by and at the discretion of the animal shelter.

If the pet animal is abandoned, the pet animal becomes the property of the animal shelter upon acquisition and may be disposed of by and at the discretion of the animal shelter.

The animal shelter shall be the steward of stray animals for the purposes of providing prophylactic veterinary care under the written protocol and direction of the shelter veterinarian.

Pet animals, which in the opinion of a veterinarian or the animal shelter supervisor, if a veterinarian is not available, are experiencing extreme pain or suffering, may be disposed of immediately by the animal shelter through euthanasia after the animal shelter has exhausted reasonable efforts to contact the owner
. F
or pet animals with identification, the animal shelter shall exhaust reasonable efforts to contact the owner for up to twenty-four
(24)
hours.

(
b
)

An animal shelter and any employee thereof that complies with the minimum holding period as set forth in subsection (
a
) of this section or that disposes of a pet animal in accordance with the provisions of subsection (
a
) of this section for owner

surrendered animals, abandoned animals or suffering animals shall be immune from liability in a civil action brought by the owner of a pet animal for the shelter's disposition of a pet animal.

(
c
)

Nothing in this section shall preclud
e a town, city
or co
unty from adopting, maintaining
or enforcing an ordinance that exceeds the minimum holding period as set forth in subsection (
a
) of this section.

Nothing in this section shall preclude a
n
animal shelter
licensed as a pet animal facility under this chapter
, whether public or priv
ate, from adopting, maintaining
or following a policy that exceeds the minimum holding period as set forth in subsection (
a
) of this section.

11
‑
48
‑
10
9
.

Sterilization; rules; exceptions; violations.

(
a
)

An animal shelter or pet animal rescue shall not release a dog or cat to a prospective owner unless:

(
i
)

The animal has been sterilized by a licensed veterinarian; or

(
ii
)

The prospective owner signs an agreement to have the animal sterilized by a licensed veterinarian within ninety
(90)
days after the date of release and deposits a fee, in an amount specified by rule of the
board
, with the animal shelter or pet animal rescue
.

(
b
)

Upon receiving a written statement from the licensed veterinarian who performed the sterilization procedure that the dog or cat has been sterilized, the animal shelter or pet animal rescue shall refund the deposit to the prospective owner
.

(
c
)

If the prospective owner fails to provide the animal shelter or pet animal rescue with a written statement from a licensed veterinarian stating that the veterinarian performed a sterilization procedure on the dog or cat within ninety
(90)
days after signing the agreement:

(
i
)

The prospective owner shall forfeit the deposit and the animal shelter or pet animal rescue shall forward the amount of the deposit to a local dedicated spay and neuter fund; and

(
ii
)

The animal shelter or pet animal rescue may promptly reclaim the animal from the prospective owner.

(
d
)

If a licensed veterinarian declares in writing that a sterilization procedure could jeopardize the life or health of the dog or cat, the procedure may be delayed until such time that a veterinarian determines that the dog or cat is fit to undergo the sterilization procedure.

At such time, the prospective owner shall have the animal sterilized.

If the determination of unfitness for sterilization has been made prior to release, the animal shelter or pet animal rescue may release the dog or cat to the prospective owner, subject to the provisions of this subsection.

(
e
)

This section shall not apply to:

(
i
)

The release of a dog or cat to a person with prior and continuing ownership rights to the dog or cat who is reclaiming the animal from an animal shelter or pet animal rescue;

(ii
)

The transfer of an animal from an animal shelter or pet animal rescue to another animal shelter or pet animal rescue or to a veterinarian;

(
iii
)

Animal shelters or pet animal rescues with existing sterilization programs that ensure that every dog or cat is sterilized before being released; or

(
iv
)

Public animal shelters eligible for waiver of licensing fees pursuant to rules promulgated by the
board
.

(
f
)

Nothing in this section shal
l preclude a town, city
or
county

from adopting, maintaining
or enforcing an ordinance that exceeds the minimum requirements adopted by the
board
in implementing and enforcing this section.

Nothing in this section shall preclude a licensed animal shelter, whether public or priv
ate, from adopting, maintaining
or following a policy that exceeds the minimum requirements adopted by the
board
in implementing and enforcing this section.

11
‑
48
‑
1
1
0.

Psittacine bird leg band; fee.

(a
)

Each applicant for a
Wyoming
psittacine bird leg band shall be issued a bird leg band number by the
director
after paying the required application fee, and each holder of a bird leg band number shall pay an annual renewal fee on or before October 1 of each year.

(b
)

The application and renewal fees described in subsection (
a
) of this section shall be set forth in rule adopted by the
board
.

11
‑
48
‑
1
1
1
.

Recordkeeping requirements.

Each pet animal facility shall keep and maintain records in the form and manner designated by the
board
. The records shall be retained for a period of two (2) years and shall be kept at the address specified in the license application for the pet animal facility.

11
‑
48
‑
1
1
2
.

Unlawful acts.

(
a
)

Unless otherwise authorized by law, it is unlawful and a violation of this
chapter
for any person or entity
to
:

(
i
)

P
erform any of the acts of a pet animal facility for which licensure is required without possessing a valid license under this
chapter
;

(ii
)

Solicit, advertise
or offer to perform any of the acts for which licensure as a pet animal facility is required without possessing a valid license to perform such acts;

(iii
)

R
efuse to comply with a cease-and-desist order issued pursuant to
W.S.
11
‑
48
‑
114
;

(iv
)

R
efuse or fail to comply with the provisions of this
chapter;

(
v
)

M
ake a material misstatement in a license application, a license
renewal application
or to the
director
during an official investigation;

(
vi
)

I
mpersonate any
state, county
or municipal official or inspector
;

(
vii
)

R
efuse or fail to comply with any rules or regulations adopted by the
board
pursuant to this
chapter
or any lawful order issued by the
director
;

(
viii
)

A
id or abet another in any violation of this
chapter
or any rule promulgated by the
board
under the provisions of this
chapter
;

(i
x
)

I
mport or have in such person's possession for the purpose of selling, trading, giving or otherwise transferring certain species of birds designated by the
board
that have not been legally banded with a leg band applied during the prefeathered stage of development and appropriate to the size and species of the bird;

(
x
)

Sell, barter, exchange
or othe
rwise transfer, possess, import
or cause to be imported into
Wyoming
:

(
A
)

Any type of turtle with a length in carapace of less than four
(4)
inches; or

(
B
)

Any species of nonhuman primate
.
Such prohibitions, with respect to nonhuman primates, shall not apply to a zoological park or a research institute licensed or registered under the provisions of the federal "Animal Welfare Act of 1970", 7 U.S.C.
section
2131, et seq., as amended, nor shall they apply to the keeping of a nonhuman primate as a household pet by any person who owned such pr
imate on or before July 1, 1973
or to the keeping by a disabled person of a nonhuman primate specially trained to assist such person.

(xi
)

S
ell, transfer
or adopt
dogs or cats under the age of eight
(8)
weeks
;

(
xii
)

T
ransfer cats under the minimum weight limit set by rule of the
board;

(
xiii
)

Se
ll, transfer
or adopt guinea pigs, hamsters
or rabbits under the age of four
(4)
weeks and such other pet animal species as may be specified by the
board
; and

(
xiv
)

A
lter or falsify any certificate of veterinary inspection or any other certificate of veterinary health.

(
b
)

Paragraphs
(a)
(i
x
), (
x
), (
xi
) and (
xiii
) of this section shall apply to all persons and entities, including those specifically exempted under
W.S.
11
‑
48
‑
10
4
(
a
), (
b
)(
i
), (
iii
), (
iv
) and (
v
).

(
c
)

It is unlawful and a violation of this
chapter
for any person operating a pet animal facility
to:

(
i
)

R
efuse to permit entry or inspection in accordance with
W.S. 11
‑
48
‑
113
;

(
ii
)

S
ell, offer for sale, barter, exchange or otherwise transfer immature domestic fowl in lots of less than twenty-five
(25)
as pets;

(
iii)

S
ell, o
ffer for sale, barter, exchange
or otherwise transfer raccoons or other animal species of wildlife that are prohibited to be kept as pets by the
Wyoming game and fish department
;

(
iv
)

I
mport or cause to be imported any pet animal for the
purpose of sale, resale, trade
or barter by a pet animal facility operator unless such operator is the holder of a valid pet animal facility license issued pursuant to this
chapter
;

(
v
)

A
llow a license issued pursuant to this
chapter
to be used by an unlicensed person
;

(
vi
)

M
ake any misrepresentation or false promise through ad
vertisements, employees, agents
or otherwise in connection with the business operations licensed pursuant to this
chapter
or for which an application for a license is pending; and

(
vii
)

F
ail to take reasonable care to release for sale, trade or adoption only those pet animals that are free of undisclosed dis
ease, injury
or abnormality.

(
d
)

It is unlawful and a violation of this
chapter
for any employee or official of the
board
or any person designated by the
boa
r
d
pursuant to
W.S. 11
‑
48
‑
1
03
(f)
to disclose or use for his own advantage any information derived from any reports or records submitted to the
director
pursuant to
W.S. 11
‑
48
‑
113
or to reveal such information to anyone except authorized persons, including officials or employees of the state, the federal g
overnment
and the courts of this or other states.

(e
)

The failure by any person to comply with the provisions of paragraph (a)
(i)
or (
ii
) of this section or paragraph (
c)
(
vi
) of this section is a deceptive trade practice and is subject to the provisions of the "
Wyoming
Consumer Protection Act",
W.S. 40
‑
12
‑
101 th
r
ough
40
‑
12
‑
114
.

11
‑
48
‑
11
3
.

Inspections; investigations; access; subpoena.

(
a
)

The
director
, upon hi
s own motion or upon the complaint of any person, may make any investigations necessary to ensure compliance with this
chapter
.

(
b
)

A c
omplaint of record made to the
director
and the results of i
t
s
investigation
may, in the discretion of the
director
, be closed to public inspection, except to the person in interest, as defined in
W.S. 16
‑
4
‑
201(a)(iii)
, or as provided by court order, during the investigatory period and until dismissed or until notice of hearing and charges are served on a licensee.

(
c
)

At any reasonable time during regular business hours, the
director
shall have free and unimpeded access upon consent or upon obtaining an administrative search warrant
to:

(i
)

Those portions of all buildings, yards, pens and other areas in whic
h any animals are kept, handled
or transported for the purpose of carrying out any provision of this
chapter
or any rule promulgated pursuant to this
chapter
; and

(
ii
)

A
ll records required to be kept and may make copies of
the
records for the purpose of carrying out any provision of this
chapter
or any rule promulgated pursuant to this
chapter
.

(
d
)

After the denial, suspension
or revocation of a license for a pet animal facility, the
director
shall have free and unimpeded access to the areas and records that are reasonably necessary to verify that operation of
the
pet animal facility has ceased.

The
director
shall have such access upon consent or upon obtaining a search warrant to the following areas and records
:

(
i
)

To those portion
s of all buildings, yards, pens
and other areas in which animals are s
uspected of being kept, handled
or transported without the appropriate license; and

(
ii)

To all records that are equivalent to those required to be kept for the purpose of carrying out the provisions of this
chapter
.

The
director
may make copies of
the
records for the purpose of carrying out any provision of this
chapter
or any rule promulgated pursuant to this
chapter
.

(
e
)

The
director
shall have full authority to administer oaths and take statements, issue subpoenas requiring the attendance of witnesses before
it
, and require the production of all books, memoranda, papers and other docu
ments, articles, instruments
and to compel the disclosure by witnesses of all facts known to them relative to the matters under investigation.

Upon the failure or refusal of any witness to obey any subpoena, the
director
may petition the district court, and upon a proper showing, the court may enter an order compelling the witness to appear and testify or produce documentary evidence.

Failure to obey such an order of the court shall be punishable as a contempt of court.

11
‑
48
‑
11
4
.

Enforcement.

(
a
)

The
director
shall enforce the provisions of this
chapter
.

(b
)

Whenever the
director
has reasonable cause to believe a violation of any provision of this
chapter
or any rule promulgated pursuant to this
chapter
has occurred and immediate enforcement is deemed necessary,
he
may issue a cease

and

desist order, which may require any person to cease violating any provision of this
chapter
or any rule promulgated pursuant to this
chapter
.
The
cease

and

desist order shall set forth the provisions alleged to have been violated, the facts alleged to have constituted the violation and the requirement that all actions cease forthwith.

At any time after service of the order to cease and
desist, the person may request
a prompt hearing to determine whether or not
the
violation has occurred.
The
hearing shall be conducted pursuant to the
Wyoming Administrative Procedure Act
a
nd shall be determined promptly.

(
c
)

In the event that any person fails to comply with a cease
and
desist order within twenty-four
(24)
hours, the
director

may bring a suit for a temporary restraining order and for injunctive relief to prevent any further or continued violation of this
chapter.

(
d
)

No stay of a cease

and

desist order shall be issued before a hearing thereon involving both parties.

(
e
)

Whenever the
director
possesses sufficient evidence satisfactorily indicating that any person has engaged in or is about to engage in any act or practice constituting a violation of any provision of this
chapter
or any rule adopted under this
chapter
, the
director
may apply to any court of competent jurisdiction to temporarily or permanently restrain or enjoin the act or practice in question and to enforce compliance with this
chapter
or any rule or order issued under this
chapter
.

In any such action, the
director

shall not be required to plead or prove irreparable injury or the inadequacy of the remedy at law. Under no circumstances shall the court require the
director
to post a bond.

11
‑
48
‑
11
5
.

Disciplinary actions; denial of license.

(
a
)

The
board
, pursuant to the
Wyoming Administrative Procedure Act
, may issue letters of admonition or deny, sus
pend, refuse to renew, restrict
or revoke any license authorized under this
chapter
if the applicant or licensee:

(
i
)

Has refused or failed to comply with any provision of this
chapter
, any rule adopted under this
chapter
, or any lawful order of the
board
;

(ii)

Has been convicted of cruelty to animals as defined in
W.S. 6
‑
3
‑
203
or any similar statute of any other state;

(iii
)

Has had an equivalent license denied, revoked or suspended by any authority
;

(iv
)

Has refused to provide the
director
with reasonable, complete
and accurate information regarding the care of animals when requested by the
director
; or

(v
) Has falsified any information requested by the
director
.

(
b
)

In any proceeding held under this section, the
board

may accept as prima facie evidence of grounds for disciplinary action any disciplinary action taken against a licensee from another jurisdiction if the violation which prompted the disciplinary action in that jurisdiction would be grounds for disciplinary action under this section.

(
c
)

No licensee whose license has been revoked may apply or reapply for a license under this
chapter
until two
(2)
years from the date of
the
revocation.

11
‑
48
‑
11
6
.

Denial of license; animal cruelty conviction.

(
a
)

The
board
, pursuant to the
Wyoming Administrative Procedure Act
, may deny, refuse to renew or revoke any license authorized under this
chapter
if the applicant or licensee has been convicted of cruelty to animals pursuant to
W.S
.
6
‑
3
‑
203
or any similar statute of any other state.

(
b
)

Notwithstanding subsection (
a
) of this section, the
board
, pursuant to the
Wyoming Administrative Procedure Act
, shall deny, refuse to renew
or revoke any license authorized under this
chapter
if the applicant or licensee has been convicted, at any time, of one
(1)
or more violations of
W.S. 6
‑
3
‑
203
, the underlying factual basis of which has been found by the court to include the knowing or intentional torture or torment of an animal whic
h needlessly injures, mutilates
or kills an animal
.

11
‑
48
‑
11
7
.

Civil penalties.

(
a
)

Any person who violates any provision of this
chapter
or any rule adopted pursuant to this
chapter
is subject to a civil penalty, as determined by the
board
.

The maximum penalty shall not exceed one thousand dollars
($1,000.00)
per violation.

(b
)

No civil penalty may be imposed unless the person charged is given notice and opportunity for a hearing pursuant to
the Wyoming Administrative Procedure Act
.

(c
)

If the
director
is unable to collect
the
civil penalty or if any person fails to pay all or a set portion of the civil penalty as determined by the
board
, the
director
may:

(i
)

Bring suit to recover the amount of the civil penalty plus costs and attorney fees by action in any court of competent jurisdiction; or

(ii
)

Refuse to renew any license authorized under this
chapter
that was issued to a person who has not paid the civil penalty pursuant to
W.S. 11
‑
48
‑
106(d
).

(d
)

Before imposing any civil penalty, the
board
may consider the effect of such penalty on the ability of the person charged to stay in business.

11
‑
48
‑
118
.

Criminal penalties.

Any person who violates the provisions of
W.S. 11
‑
48
‑
111
(
a)
(
i
)
,
(
ii
), (
iii
), (
vi
) or (
xiv
) commits a misdemeanor and shall be punished as provided in
W
.S.
11
‑
1
‑
1
03.

11
‑
48
‑
11
9
.

Advisory committee; sunset review; repeal.

(
a
) There is hereby established a pet animal advisory committee to advise the
board
in establishing regulations under this
chapter
and to provide ongoing review of this
chapter
.

The members of the advisory committee shall
be reimbursed for per diem, mileage and
expenses
for attending board meetings
in the
same
manner and
amount
as state employees
.

The advisory committee shall consist of sixteen
(16)
persons appointed by the
board
as follows:

(
i
)

One
(1)
person who represents animal rescue
;

(ii
)

One
(1)
person who represents bird breeders
;

(iii
)

One
(1)
person who represents small scale operation dog breeders
;

(iv
)

One
(1)
person who represents cat breeders
;

(v
)

One
(1)
person who represents small animal breeders
;

(vi
)

One
(1)
person who represents boarding kennels
;

(vii
)

One
(1)
person who represents pet groomers
;

(viii
)

One
(1)
person who represents pet animal retailers
;

(ix
)

One
(1)
person who represents pet animal wholesalers
;

(x
)

One
(1)
person who represents animal control officers
;

(xi
)

One
(1)
person who represents animal shelters
;

(xii
)

One
(1)
veterinarian licensed pursuant to
W
.S.
33
‑
30
‑
203
;

(xiii
)

Three
(3)
members of the general public, none of whom shall represent or have a financial interest in any of the groups listed in this subsection; and

(xiv
)

One
(1)
person who represents large scale operation dog breeders
.

(
b
)

All members of the advisory committee shall be residents of
Wyoming
.

(c
)

In the event of a vacancy on the advisory committee prior to the completion of the member's full term, the
board
shall appoint a person to complete the remainder of the term.

Such person shall represent the same group as the member he is replacing, pursuant to subsection (
a
) of this section.

(d
)

The initial appointments of the animal rescue representative, the small animal breeder, the pet animal wholesaler, one
(1) member from the general public
and the large scale operation dog breeder shall expire on Ju
l
y 1,
2010
. The initial appointments of the bird breeder, the representative of boarding kennels, the representative of animal control officers, the small scale operation dog breeder, and one
(1)
member from the general public shall expire on Ju
l
y 1,
201
1.

The initial appointment of all other members shall be for a term of three
(3)
years.

Thereafter, members of the advisory committee shall serve for terms of three
(3)
years.

11
‑
48
‑
1
20
.

Pet animal care and facility
account
; fees.

There is created
the
pet animal care and facility
account.
All fees and civil fines collected pursuant to this
chapter
shall be transmitted to the state treasurer who shall credit the
m
to the pet animal care and
facility account.
All
moni
es
credited to the
account
shall be a part of the
account
and shall not be transferred or credited to the general fund or to any other fund except as directed by the
legislature
.

Notwithstanding
any
provision
t
o the contrary, all interest derived from the deposit and investment of this
account
shall be credited to the
account
.

The
legislature
shall make annual appropriations from the fund to the
board
for direct and indirect expenses incurred in carrying out the purposes of this section.

11
‑
48
‑
1
2
1
.

Repeal; sunset review.

This
chapter
is
repealed effective July 1, 201
9
.

18
‑
2
‑
116.

Contracts for pet animal care and facilities.

A county may contract for the administration of pet animal care services as provided in W.S.
11
‑
18
‑
101 through 11
‑
18
‑
121
.

Section 2.

W.S.
11
‑
1
‑
103 and

11
‑
18
‑
110 by creating a new subsection (e) are created 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
‑
21
‑
104, 11
‑
22
‑
118, 11
‑
23
‑
106, 11
‑
23
‑
207, 11
‑
24
‑
106
,

and
11
‑
30
‑
114
and 11
‑
48
‑
118
. 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
‑
18
‑
110.

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

(e)

The director shall appoint a deputy director for the pet animal care and facilities program
under W.S. 11
‑
18
‑
101 through 11
‑
18
‑
121. The deputy director shall serve at the pleasure of the director and is responsible to and under the control and supervision of the director.

Section
3
.

There is appropriated
four
hundred
seventy-five
thousand dollars ($
475
,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.
There is authorized
six
(
6
) full-time positions
, including a deputy
director
, an administrative assistant
and
four (4) regional pet animal inspectors
.
This appropriation shall only be expended for the purpose of
implementing the
P
et
A
nimal
C
are and
F
acilities
A
ct
, including funding for the new positions and for expenses of the advisory board
.
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
not revert as provided by law but shall remain in the account
created by W.S. 11
‑
48
‑
120
.

Six hundred thousand dollars ($6
00,000.00)
shall be included in the

Wyoming
livestock board's
2011-2012 standard biennial budget request
to continue the
P
et
A
nimal
C
are and
F
acilities
A
ct
.

Section
4
.

This act is effective July 1, 2009.

(END)

1
SF0133