Wyoming livestock identification and traceability program.

WORKING DRAFT
2011
STATE OF
WYOMING
11LSO-0009

SENATE FILE

NO.
SF0064

Wyoming
l
ivestock identification

and traceability
program
.

Sponsored by:
Joint Agriculture, State and
Public

Lands
and Water Resources Interim Committee

A BILL

for

AN ACT relating to
livestock;
repealing provisions for participation in a national livestock identification program and
establishing a Wyoming livestock identification
and traceability
program; authorizing rulemaking;

providing an appropriation;
repealing a criminal penalty;
and providing for an effective date.

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

Section 1.

W.S. 11
‑
18
‑
117
(a), (b), by creating new subsections (c) and (e), by amending and renumbering (c) as (f) and by creating a new subsection (g)
is amended to read:

11
‑
18
‑
117.

Confidentiality of livestock premises and
identification
and traceability
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

Wyoming
livestock identification
and traceability

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

may
be released only upon order of the Wyoming
livestock board

state veterinarian
to appropriate governmental agencies for the purposes of
a n
ational

t
h
e
Wyoming
livestock identification
and traceability

program, disease
outbreak

trace
or law enforcement investigation. The
board

state veterinarian
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

state veterinarian
of any information to any other governmental entity, the
board

state veterinarian
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

state veterinarian
may release information collected for the purposes of
a
national

the W
yoming
livestock identification

and traceability
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

state veterinarian
deems the circumstances require.

(c)

The
Wyoming
livestock board
shall
establish
and maintain
a
Wyoming
livestock identification

and traceability
program for the purpose of disease traceability.
Participation in the program shall be voluntary except as otherwise provided by law.
Except as provided in subsections (a) and (b) of this section, a
ll information collected for the
Wyoming

livestock identification

and traceability
program shall be maintained only with the
Wyoming
livestock board.
The
Wyoming
livestock identification

and traceability
program shall incorporate existing livestock identification

and traceability
systems to the maximum extent practicable.
The Wyomin
g
livestock board shall promulgate rules and regulations
for
the
Wyoming
livestock identification

and traceability
program
, in
c
l
udi
n
g the types of identification

and traceability
devices used,
the categories
and species
of livestock
required to be identified
or traced
and other information as determined
necessary
by the Wyoming livestock board to protect and promote the Wyoming livestock industry.

(
e
)

Nothing in this
sec
t
ion
prohibits
a livestock animal producer from replacing
:

(i)

Official livestock identification tags that are replaced with the approval of the state veterinarian or his designee; or

(
i
i)

S
ubstituting uno
fficial livestock identification tags on
hi
s livestock for
management
purposes
.

(c)
(
f
)

A person who knowingly provides false information to the
Wyoming
livestock board for purposes of
a national livestock identification

the
Wyoming
livestock identification
and traceability
program 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.

(g)

A person who
, with the intent of avoiding compliance with the Wyoming livestock identification and traceability program,
removes an official livestock identification tag from any animal

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 2.

W.S. 11
‑
18
‑
117(d) is repealed.

Section
3
.

There is appropriated
three hundred fifteen thousand dollars ($315,000.00)
from the
general
fund to the

Wyoming

l
ivestock
b
oard
. This appropriation shall be for the period beginning with the effective date of this act and ending June 30, 201
2
.

This appropriation shall only be expended for the purpose of
implementing and maintaining the
Wyoming
livestock identification program.
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, 2012
.

Section
4
.

This act is effective July 1, 2011.

(END)

1
SF0064