Protection of livestock animals.

WORKING DRAFT

ORIGINAL SENATE
FILE

NO.
0010

ENROLLED ACT NO. 54, SENATE

SIXTY-FIRST LEGISLATURE OF THE STATE OF
WYOMING
2011 GENERAL SESSION

AN ACT relating to
livestock animals; limiting certain animal protection provisions to livestock animals;
providing for the protection of livestock animals; adding
a
definition; providing exceptions; providing a
n increased
penalty for repeat offenses; repealing the
authority of any person
to furnish food
and water
to impounded animals
deprived of the same;
and providing for an effective date.

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

Section 1.

W.S. 11
‑
29
‑
115 is created to read:

11
‑
29
‑
115.

Use of agricultural and livestock management practices
.

(a)

Nothing in this
chapter
prohibits:

(i)

The use of
Wyoming
industry accepted agricultural or livestock management practices or any other commonly practiced animal husbandry procedure used on livestock animals, as defined by W.S. 11
‑
29
‑
101(a)(v
i
);

(ii)

A
Wyoming
licensed veterinarian
from treating
a livestock animal as authorized by the Wyoming Veterinary Medical Practice Act;

(
i
ii
)

Any rodeo event
employing animal care practices generally accepted within the rodeo industry
, whether the event is performed in a rodeo, jackpot or
similar arena;

(
i
v
)

A person from humanely destroying a livestock
animal.

Section
2
.

W.S. 11
‑
29
‑
101(a)
(iii) and
by creating
a
new paragraph (
vi) and
by
amending and
renumbering (
v
i) as (
vii
), 11
‑
29
‑
103, 11
‑
29
‑
106,
11
‑
29
‑
108 through 11
‑
29
‑
111
and 11
‑
29
‑
114
(a), (b)(i), (ii) and (c) through (
e
)
are amended to read:

CHAPTER 29
PROTECTION OF
LIVESTOCK
ANIMALS

11
‑
29
‑
101.

Definitions.

(a)

As used in this act:

(iii)

"Torture
"
," "torment
"

or "cruelty" means every act, omission or neglect whereby the willful and malicious infliction of pain or suffering is caused, permitted or allowed to continue when there is a reasonable remedy or relief;

(
vi
)

"
Livestock
a
nimal
"
means
:

(A)

A
ny bovine,
including domestic bison,
equine, swine, sheep, go
at, domesticated camelid animal
, ratite bird, rabbit
or
poultry
; or

(B)

Any animal used or harvested for any good and proper purpose including but not limited to food, fiber, fur, leather, medical research and byproducts; or

(C)

Any animal used or trained for work, sport, exhibit or entertainment.

(vi)
(
vii
)

"This act" means W.S. 11
‑
29
‑
101 through
11-29-113

11
‑
29
‑
115
.

11
‑
29
‑
103.

Livestock
a
nimals to be fed while
confin
ed;
ownership;
penalties.

(a)

Every person who
impounds

confines
or causes to be
impounded

confined
any
livestock

animal
in any pound or corral,

under the laws of this state, shall supply to the
livestock

animal during confinement a sufficient quantity of wholesome food and water.

(b)

A l
ivestock
a
nimal
is
the private property of i
ts
owner.

(b)
(c)

Any person convicted of violating

A
violation of
this section
shall be imprisoned not exceeding

is a misdemeanor punishable by imprisonment for not more than
six (6) months,
or fined

a fine of
not less than one hundred dollars ($100.00) nor more than
five hundred dollars ($500.00)

seven hundred fifty dollars ($750.00)
, or both

except that a subsequent offense is a high misdemeanor punishable by not more than one (1) year imprisonment, a fine of not more than five thousand dollars ($5,000.00), or both
.

11
‑
29
‑
106.

Livestock board; authority to prevent cruelty; penalty for interference with officer.

Any
peace
officer
,
agent
or officer
of the board may lawfully interfere to prevent the perpetration of any act of cruelty upon any
livestock

animal in his presence. Any person who interferes with, obstructs or resists any
peace officer or
officer or agent
of the board
in the discharge of his duty shall be fined not less than two hundred dollars ($200.00) nor more than one thousand five hundred dollars ($1,500.00), or imprisoned not more than one (1) year, or both.

11
‑
29
‑
108.

Livestock board; seized
livestock

animals and vehicles; lien on seized chattels; civil action for unpaid expenses.

When any person arrested under this act is in charge of any vehicle drawn by or containing any

livestock
animal cruelly
treated

as defined in W.S. 6
‑
3
‑
203

at the time of arrest, any peace officer, agent or officer of the board may take charge of the
livestock

animal and vehicle and its contents, and give notice thereof to the owner, if known, and shall provide for them until their owner takes possession of them. The board or local government shall have a lien on the
livestock

animals, the vehicle and its contents for the expense of the care and provision. The expense or any part remaining unpaid may be recovered by the board or local government in a civil action.

11
‑
29
‑
109.

Livestock board; care of abandoned
livestock

animals; civil action for expenses; lien.

Any peace officer, agent or officer of the board may take charge of any
livestock

animal found abandoned, neglected or cruelly
treated

as defined in W.S. 6
‑
3
‑
203
. He shall give notice to the owner, if known, and may care and provide for the

livestock
animal until the
owner takes charge of the

livestock

animal

is released or destroyed
. The expenses of care and provision is a charge against the owner of the
livestock

animal and collectible from the owner by the board or by the local government employing the peace officer taking charge of the

livestock
animal in a civil action. The board or local government may detain the
livestock

animals until the expense for food, shelter and care is paid and shall have a lien upon the

livestock
animals therefor.

This lien shall be filed as provided pursuant to W.S. 29
‑
7
‑
101 through 29
‑
7
‑
106.

11
‑
29
‑
110.

Livestock board; enforcement of liens; notice to owner.

Any person entitled to a lien under this act may enforce the lien by disposing of the

livestock
animals and other personal property upon which the lien is given, at public auction, upon giving written notice to the owner, if he is known, of the time and place of the disposal, at least five (5) days previous thereto, and by posting three (3) notices of the time and place of the disposal in three (3) public places within the county at least five (5) days previous thereto. If the owner is not known, the notice shall be posted at least ten (10) days previous to the disposal.

11
‑
29
‑
111.

Livestock board; destruction of diseased
or injured
livestock

animals.

Any
peace officer,

agent or officer of the board may destroy or cause to be destroyed any

livestock
animal in his charge when in his judgment and
by the written certificate of two (2) reputable citizens called to view the

animal in his presence, one (1) of whom may be selected by the owner of the animal if he so requests

the judgment of a Wy
o
ming

licensed veterinarian or the judgment of the livestock animal owner
,
the

livestock
animal appears to be

severely
injured,

severely
disabled, diseased past recovery or unfit for any useful purpose.

There shall be no right for any future indemnity or payment to the owner for the destruction of any livestock
animal
destroyed and the peace officer,
agent or officer of the board sha
ll be held harmless while acting in accordance with this section.

11
‑
29
‑
114.

Impoundment of
livestock
animals; cost of care for
livestock
animals; providing for bond.

(a)

Any peace officer, agent or officer of the board may take possession of any

livestock
animal
treated
cruelly
as determined by a
Wyoming

licensed veterinarian or veterinarian employed by the board.

(b)

The owner of the
livestock

animal impounded under subsection (a) of this section, and who has been cited under W.S. 6
‑
3
‑
203, shall be required to post a bond with the circuit court in the county where the
livestock

animal was impounded. The bond shall be:

(i)

In an amount the circuit court determines is sufficient to provide for the

livestock
animal
'
s board, nutritional care, veterinary care and diagnostic testing for at least ninety (90) days including the day on which the
livestock

animal
was impounded; and

(ii)

Filed with the circuit court within ten (10) days after the

livestock
animal is impounded.

(c)

When the bond expires, if the owner of the

livestock
animal desires to prevent disposition of the
livestock

animal by the board, the owner shall post a new bond with the court as described in subsection (b) of this section.

(d)

If a bond is not posted under subsection (b) or (c) of this section, the board shall
determine final disposition
dispose

of the

livestock
animal
in accordance with reasonable practices for the humane treatment of

animals

as d
efined in W.S. 11
‑
24
‑
101(a)(
i
v)
. The owner of the

livestock
animal shall be liable for all costs associated with the final disposition of the

livestock
animal under this subsection.

(e)

If a bond has been posted in accordance with subsection (b) or (c) of this section, the agency employing the officer, or the board, may draw from the bond the actual costs as described in subsection (b) of this section, from the date of initial impoundment to the date of final disposition of the

livestock
animal.

Section
3
.

W.S.

11
‑
29
‑
101(a)(i),
11
‑
29
‑
104
and 11
‑
29
‑
113
are repealed.

Section 4
.

This act is effective July 1, 2011.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

1