Livestock and brands.

WORKING DRAFT

ORIGINAL HOUSE

BILL

NO.
0102

ENROLLED ACT NO. 33, HOUSE OF REPRESENTATIVES

SIXTIETH LEGISLATURE OF THE STATE OF
WYOMING
2010 BUDGET SESSION

AN ACT relating to
livestock;
removing
goats, llamas and alpacas from brand inspection fees and from the definition of livestock for certain purposes;

removing goat owners from eligibility for membership on district predator boards;
and providing for an effective date.

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

Section 1.

W.S.

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202(a)(i), (iv) and (v), 11
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203(a)(i) and (b),
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210(a) and (f),
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101(a)(iv) and 11
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401(a)(ii) are amended to read:

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202.

Administration of districts by district boards; number and qualifications of members; term; filling of vacancies.

(a)

The affairs of each district shall be administered by a board of directors, each of whom shall be a bona fide resident of
Wyoming
. Directors for the positions identified in paragraphs (i) and (ii) of this subsection shall be elected at an annual meeting of district livestock owners. Directors for the positions identified in paragraphs (iv) and (v) of this subsection shall be appointed as described. The composition of the board shall be as follows:

(i)

Three (3) directors shall be sheep
or goat
owners having paid predator management fees on sheep
or goats
in the district in the year preceding election. At each subsequent annual district meeting one (1) director shall be elected for a three (3) year term. All sheep
or goat
owners whether an individual, corporation or partnership, having paid predator management fees on sheep
or goats
in the district regardless of the domicile of the sheep
,

or goats
,
are entitled to one (1) vote at the meeting;

(iv)

T
he board of county commissioners shall appoint one (1) director to serve for an initial term of two (2) years and thereafter for three (3) year terms from electors in the county not engaged in raising sheep
, goats

or cattle. No appointed member may serve for a consecutive period of more than six (6) years;

(v)

If the board of directors determines state funds are necessary for an effective predator management program to assure the statutory requirements provided in W.S. 11
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205 are fulfilled and state funds are appropriated and received for that purpose, then three (3) directors representing sportsmen and hunters from the district shall be appointed to the board of directors by the county commissioners serving the local district. Sportsmen and hunter representatives shall be bona fide residents of the district not engaged in raising sheep
, goats
or cattle and shall hold or have held either a valid Wyoming fishing or hunting license or a Wyoming wildlife damage management stamp within the preceding twelve (12) month period. County commissioners, to the greatest extent practical, shall select sportsmen and hunter representatives to ensure representation from as broad a geographic distribution of the district as possible. The county commissioners shall determine who of the three (3) sportsmen and hunter directors appointed to a board under this paragraph shall serve an initial term of one (1) year, who shall serve an initial term of (2) years and who shall serve a term of three (3) years. Thereafter, each term shall be for three (3) years.

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203.

Manner of calling annual meeting of predator management districts; when held; election of chairman and secretary.

(a)

The annual meeting of each predator management district shall be held within the first two (2) weeks of December and each board shall:

(i)

On or before December 1, obtain an accurate list of all persons who have paid predator management fees on sheep
, goats
or cattle in the district;

(b)

When assembled in accordance with the provisions of subsection (a) of this section, the sheep
, goat
and cattle owners shall elect a chairman and secretary who shall act as judges of the election of directors representing livestock interests of the board.

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210.

Creation of predator management district fund; predator management fees; donations; appropriation by county commissioners.

(a)

At the time of collecting brand inspection fees imposed under W.S. 11-20-401 and 11-20-402, the brand inspector shall collect predator management fees on all sheep
, goats
and cattle inspected within each predator management district. However, predator management fees shall not be collected on cattle
,

and
sheep
and goats

shipped into this state for immediate sale or slaughter. The amount of the fee for each predator management district shall be established by each predator management district board in consultation with the state predator management advisory board and shall not exceed one dollar ($1.00) per head on sheep
, goats
and cattle. The directors elected pursuant to W.S. 11
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202(a)(i) and (ii) from each predator management district board shall annually determine the predator management fee to be charged and collected in the district taking into consideration comments solicited from the producers present at the district's annual meeting as provided for in W.S. 11
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203, who have paid predator management fees within the district during the preceding twelve (12) months and shall inform the livestock board of the fee prior to January 1 each year. The fee shall not be collected on the same livestock more than once in any twelve (12) month period. The livestock board may retain not to exceed five percent (5%) of the revenues collected for the actual cost of collecting the predator management fee. Remaining revenues collected by the livestock board under this section shall be remitted to the state treasurer for deposit in an account. The state treasurer, on a quarterly basis, shall distribute the revenues to the county treasurer of the county from which the shipment originated unless, at the time of payment of the fees, the livestock owner designates the fees to be distributed in total to another county in this state in which the livestock are fed or pastured. The county treasurer shall deposit revenues distributed under this subsection into a special continuing fund, to be known as the "Predator Management District Fund of .... County" and to be administered by the predator management board of that district.

(f)

Notwithstanding subsection (a) of this section, the amount of the annual predator management fee for sheep
, goats
and cattle shipped into this state for confinement in a commercial feedlot shall not exceed twenty-five cents ($0.25) per head on sheep
, goats
and cattle. For purposes of this subsection, "commercial feedlot" means any place, establishment or facility commonly known as a feedlot conducted, operated or managed for profit or nonprofit for livestock producers, feeders or market agencies, consisting of pens and their appurtenances, in which livestock are received, held, fed, cared for or kept for sale or shipment in commerce. A pasture, field or other enclosure, fenced or unfenced, shall not be considered a commercial feedlot for purposes of this subsection. The predator management district board shall have the authority to determine if a facility qualifies as a commercial feedlot as defined in this subsection.

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101.

Definitions.

(a)

As used in this act:

(iv)

"Livestock" means cattle, horses, mules, asses
,

and

sheep
.
, goats, llamas and alpacas.
The board acting in conjunction with the game and fish commission may designate individual bison or identifiable herds of bison as wildlife;

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401.

Brand inspection fees generally.

(a)

Except as otherwise provided, each livestock inspector shall at the time of inspecting for brands and ownership collect inspection fees in an amount established by the livestock board but not less than:

(ii)

Twenty-five cents ($0.25) per head on all sheep
,

goats, llamas and alpacas,
including any hide or carcass;

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 House.

Chief Clerk

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