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SF0066 • 2011
AN ACT relating to pet animals; creating the Wyoming pet animal program; providing for the protection and management of pet animals; providing definitions; creating the Wyoming pet animal advisory board; creating district pet animal boards; providing for meetings; creating the Wyoming pet animal program account; providing for funding for the account; creating district funds; providing for the prevention of cruelty to pet animals; providing for care of abandoned pet animals; providing for the destruction of diseased or injured pet animals; providing for liens; providing accepted management practices; providing for enforcement; providing penalties; requiring reports; providing conforming amendments; authorizing positions; providing appropriations; and providing for an effective date.
Wyoming marks this bill as inactive, which usually means it is no longer moving in the current session.
The plain English breakdown is still being put together. The official documents below are already here.
S Committee Returned Bill Pursuant to SR 7-3(c)
S Introduced and Referred to S05; No Report Prior to CoW Cutoff
S Received for Introduction
Bill Number Assigned
WORKING DRAFT 2011 STATE OF WYOMING 11LSO-0011 SENATE FILE NO. SF0066 Wyoming pet animal program . Sponsored by: Joint Agriculture, State and Public Lands and Water Resources Interim Committee A BILL for AN ACT relating to pet animals; creating the Wyoming pet animal program; providing for the protection and management of pet animals; providing definitions; creating the Wyoming pet animal advisory board; creat ing district pet animal boards; providing for meetings; creating the Wyoming pet animal program account; providing for funding for the account ; creating district funds; providing for the prevention of cruelty to pet animals; providing for care of abandoned pet animals; providing for the destruction of diseased or injured pet animals; providing for liens; providing accepted management practices; providing for enforcement; providing penalties; requir ing reports; providing conforming amendments; authorizing positions; providing appropriations; and providing for an effective date. Be It Enacted by the Legislature of the State of Wyoming : Section 1. W.S. 11 ‑ 49 ‑ 101 through 11 ‑ 49 ‑ 114 and 11 ‑ 49 ‑ 201 through 11 ‑ 49 ‑ 2 1 0 are created to read: CHAPTER 49 WYOMING PET ANIMAL PROGRAM A RTICLE 1 IN GENERAL 11 ‑ 49 ‑ 101. Short title . This chapter may be cited and known as the " Wyoming pet animal program . " 11 ‑ 49 ‑ 10 2 . Definitions. (a) As used in this a r t icle : (i) " B oard " means the Wyoming pet animal advisory board; ( i i) " Cruelly m istreat " means to knowingly and intentionally inhumanely kill, maim, disfigure, torture, beat, mutilate, burn, scald or otherwise inflict harm upon any pet animal; (i i i) " Cruelly n eglect " means to knowingly and intentionally fail to provide any pet animal in the care of the pet animal ' s owner or custodian, with food, water or other care as is reasonably necessary for the pet animal ' s health; (iv ) " Establishment " mean s a ny pet store, pet kennel, pet groomer, pet breeder, pet sanctuar y , pet animal rescue and pet animal shelter ; (v ) " Hoarding " means to accumulate a number of pet animals beyond which an owner has the financial resources, physical ability or facilities to properly care for and maintain good sanitation and pet animal health ; (v i ) " Inhumanely " means with the intent to cause death to the pet animal by any means other than by euthanasia or gunshot to the pet animal ' s head; (v i i ) " Pet a nimal " means any privately owned vertebrate and invertebrate members of the animal kingdom other than livestock animals as defined in W.S. 11 ‑ 29 ‑ 101(a)(viii) . " Pet animal " includes any animal also known as a companion animal ; ( v i i i ) " Owner " means as defined in W.S. 11 ‑ 29 ‑ 101(a)(ii); ( i x ) " Torture, " " torment " or " cruelty " means as defined in W.S. 11 ‑ 29 ‑ 101 ( a)(iii); (x ) " This act " means W.S. 11 ‑ 49 ‑ 101 through 11 ‑ 49 ‑ 2 10 . 11 ‑ 49 ‑ 10 3 . Wyoming p et animal advisory b oard ; vacancies, term; quorum; meetings; compensation . (a) There is created the Wyoming pet animal advisory board. The board shall be composed of e le ven ( 11 ) members who are residents of Wyoming , who are appointed by the governor and who represent the following businesses: (i) P et store s; (ii) P et kennels; (iii) Pet grooming; (iv) P et breeding; (v) P et sanctuaries; (vi) P et animal rescues; (vii) P et animal shelters ; (viii) One (1) member from each of the four (4) quadrants selected in accordance with W.S. 11 ‑ 49 ‑ 201(c). (b) A member from each of the following shall serve as exofficio nonvoting members of the board: (i) The Wyoming livestock board; (ii) The Wyoming department of h ealth ; (i ii ) T he Wyoming d epartment of a griculture ; (i v ) T he Wyoming b oard of v eterinary m edicine. (c) The governor shall fill all vacancies occurring in the board. Any member may be removed by the governor as provided in W.S. 9 ‑ 1 ‑ 202. Any replacement shall be appointed for the unexpired term. (d ) Board m embers shall be appointed to a term of six ( 6 ) years, except that initial terms shall be staggered . ( e ) A majority of the board constitutes a quorum f or the transaction of business. (f) The board shall elect one (1) of its members president. (g) The board shal l meet at least annually, up on the call of the president or upon the call of any three (3) members of the board. ( h ) Members of the board who are government employees or public officials shall be considered on official business of their agency when performing duties as members of the board and their m ileage and per diem shall be p aid by the appointing authority . Other board members shall receive salary , mileage and per diem for time actually spent in the performance of their duties and attending board meetings in the same manner and amount as members of the Wyoming legislature. 11 ‑ 49 ‑ 10 4 . Wyoming p et animal advisory b oard duties; rulemaking . (a ) The board shall : (i) Develop a comprehensive pet animal welfare program , including specifying programs designed to protect and manage pet animals ; (ii) Promote the protection and overall health of pet animals by maintaining science based regulations and providing instruction to veterinarians, pet animal caregivers and law enforcement; ( iii) Consider any recommendations received from the Wyoming livestock board, the Wyoming department of agriculture and the Wyoming department of health; (iv) Provide recommendations on pet animal care to the state veterinarian, the Wyoming livestock board and the Wyoming department of health; ( v ) Provide various degrees of pet animal protection and management services to district boards. Protection and m anagement services shall also be provided and conducted for the benefit of pet animal populations and human health and safety; (vi) Entertain requests of assistance in order to promote the protection and management of pet animals; (v ii) Specify methods for the protection and management of pet animals; ( vii i ) Cooperate with federal, state and county governments, educational institutions and private persons or organizations to effectuate pet animal protection and management policies; ( i x ) Develop memorandu ms of understanding between local, state and federal agencies to accommodate funding sources and administra tive guidelines for the program. ( b ) The board may : (i) D evelop rules and regulations necessary for the proper care of pets and companion animals , to implement policies administered by the board and as necessary for the purpose of this article; (ii) Enter into agreements with law enforcement agencies to carry out pet animal protection and management provisions. (c ) The board shall develop and establish measurable goals and objectives. The board shall report to the governor and the joint agriculture, state and public lands and water resources interim committee and the joint appropriations interim committee on or before September 1 of each year to determine the progress the board has made toward achieving the goals and objectives it has established. 11 ‑ 49 ‑ 1 05. Wyoming pet animal advisory board funding; sources; collection and distribution of funds . The board may receive money for the protection and management of pet animal s from the federal government, state appropriations, counties, agencies, bo ards, associations, commissions and individuals, and may expend monies to purchase supplies, materials, services, and to employ or contract personnel for the protection and management of pet animal s . The board may make supplies, materials, services and personnel available to the district pet animal boards . 11 ‑ 49 ‑ 1 06. Wyoming p et a nimal program account. (a) There is created the Wyoming pet animal program account. (b) Money received under W.S. 11 ‑ 49 ‑ 1 05 shall be deposited by the state treasurer in the Wyoming pet animal program account to be distribut ed for the purposes provided in this article. (c) Any supplemental contributions received by the department from animal owners for the Wyoming pet animal program or the pr otec tion and management of a pet animal shall be deposited into the Wyoming pet animal program account. (d) The Wyoming pet animal program account shall be administered for the Wyoming pet animal advisory board by the Wyoming livestock board . 11 ‑ 49 ‑ 10 7 . Use of accepted pet animal management practices. (a) Nothing in this article shall be construed to prohibit: (i) The owner of a pet animal from humanel y destroying the pet animal; (ii) The private pr operty rights of the owner of a pet animal to use or manage the pet anima l within the limits of this article; (iii) The owner of a pet animal and the owner ' s agent caring for and administering humane health treatment to the pet animal; (iv) The care or treatment of a pet animal by a veterinarian or veterinary technician licensed under the Wyoming Veterinary Practice Act that occurs : (A) W ithin the scope of his employment ; (B) W hile acti ng in his professional capacity; or (C) C onforms to commonl y accepted veterinary practices. (v) The pet animal being entered in an exhibition event, including any field trial , herding event, county and state fair and ot her publicly sanctioned event; (vi) The use of industry accepted agricultural or livestock ma nagement practices pursuant to W.S. 11 ‑ 29 ‑ 11 5 . 11 ‑ 49 ‑ 10 8 . Pet animals to be fed while impounded; penalties. (a) Every person or establishment who impounds or causes to be impounded any pet animal in any building or area under the laws of Wyoming , shall supply to the pet animal during confinement : (i) A sufficient quantity of wholesome food and water ; and (ii) Clean and sanitary conditions. (b) Failure by a person to provide the requirements in accordance with subsection (a) of this section shall constitute cruel neglect of the pet animal. 11 ‑ 49 ‑ 10 9 . Authority to prevent cruelty; hoarding prohibited . (a) Any state peace officer, agent of any municipality or county may lawfully interfere to prevent the perpetration of any act of cruelty upon any pet animal in his presence. (b) When any person is hoarding and any pet animal is being kept in unsanitary conditions, any state peace officer, agent of any municipality or county may lawfully interfere to prevent the perpetration of hoarding. The state health department and state veterinarian may be consulted to determine if any public or animal health risks exist. 11 ‑ 49 ‑ 1 1 0 . Seized animals and vehicles; lien on seized chattels; civil action for unpaid expenses. (a) When any person arrested under this act is in charge of any vehicle drawn by or containing any pet animal cruelly mistreated or cruelly neglected at the time of arrest, any peace officer or agent of the municipality or county may take charge of the pet animal and vehicle and its contents, give notice thereof to the owner, if known, and shall provide for the pet animals until the owner take s possession of them. (b) The board or local government shall have a lien on the pet animals, the vehicle and its contents for the expense of th e care and provision. (c) The expense or any part remaining unpaid by the owner may be recovered by the board or local government in a civil action. 11 ‑ 49 ‑ 1 11 . Care of abandoned animals; civil action for expenses; li e n s . (a) Any state peace officer or agent of any municipalit y or county may take charge of any pet animal found abandoned, cruelly neglected or cruelly mistreated. He shall give notice to the owner, if known, and may care and provide for the pet animal until the owner takes charge of the pet animal. (b) The expenses of care and provision is a charge against the owner of the pet animal and collectible from the owner by the board or by the local government employing the peace officer taking charge of the pet animal in a civil action. (c) The board or local government may detain any pet animal and shall have a lien upon the pet animal until the expense for food, shelter and care is paid. 11 ‑ 49 ‑ 1 12 . Destruction of diseased or injured pet animals . Any peace officer or agent of any municipality or county may destroy or cause to be destroyed any pet animal in his charge with the advice of a Wyoming licensed veterinarian that the pet animal is severely injured, disabled, diseased or past recovery. 11 ‑ 49 ‑ 1 1 3 . Local regulations; costs; license fees. (a) Each m unicipalit y and count y may develop specific regulations for the protection of pet animal s in coordination with the board and consistent with this article . (b) Each m unicipalit y and count y may charge up to twenty-five dollars ( $25.00 ) for each pet animal adoption to help defray the cost incurred in caring for the pet animal . (c) Upon a recommendation of the board, t he Wyoming l ivestock b oard may distribute funds from the Wyoming pet animal program account established in W.S. 11 ‑ 49 ‑ 106 to each county that actively participates in a pet animal program. The county shall have the authority to dispense funding to municipalities throughout their respective counties that have e stablish ed a license fee of not less than two hundred dollars ( $200.00 ) and not more than five hundred dollars ($500.00) for all pet stores, pet kennels, pet groomers, pet breeders, pet sanctuaries, animal rescues and animal shelters. 11 ‑ 49 ‑ 1 1 4 . P enalties. ( a ) Any person who interferes with, obstructs or resists any peace officer or any agent of any municipality or count y in the discharge of his duties under this act 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. (b ) Other than as provided in subsection (a) of this section, a ny person or establishment violating any provision of this chapter shall be punished as provided in W.S. 11 ‑ 1 ‑ 103. ARTICLE 2 DISTRICTS AND DISTRICT BOARDS 11 ‑ 49 ‑ 201. Creation and designation of districts; representation to the Wyoming pet animal advisory board. (a) Each county is created and designated as a pet animal district. Each district shall be known as the " Pet Animal District of .... County, Wyoming , " and it may hold property and be a party to suits and contracts. (b) The districts shall be divided into four (4) quadrants as follows: (i) The northeast quadrant shall consist of Campbell , Crook, Johnson, Niobrara, Sheridan and Weston counties; (ii) The northwest quadrant shall consist of Big Horn, Hot Springs , Park, Teton and Washakie counties; (iii) The southeast quadrant shall consist of Albany , Converse, Goshen , Laramie , Natrona and Platte counties; and (iv) The southwest quadrant shall consist of Carbon, Fremont , Lincoln, Sublette, Sweetwater and Uinta counties. ( c ) One (1) member from each of the four (4) quadrants shall be selected by the district boards within each quadrant to serve on the Wyoming pet animal advisory board. 11 ‑ 49 ‑ 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 pet animal owners and pet animal business owners . Directors for the positions identified in paragraphs (iv) and (v) of this subsection shall be appointed as described. Each person is entitled to one (1) vote, regardless of how many animals or businesses the person has. The composition of the board shall be as follows: (i) Three (3) directors shall be pet animal owners. At each subsequent annual district meeting one (1) director shall be ele cted for a three (3) year term ; (ii) Three (3) directors shall be pet animal business owners. At each subsequent annual district meeting one (1) director shall be ele cted for a three (3) year term ; (iii) If a qualified applicant for a director position identified in paragraph (i) or (ii) of this subsection cannot be found or if no qualified applicant seeks election to the board of directors, then the director position may be filled by an otherwise qualified elector, provided no more than four (4) directors may represent either the pet animal owners or the pet animal business owners ; (iv) The 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 pet animals or in a pet animal business . 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 pet animal program to assure the statutory requirements provided in W.S. 11 ‑ 49 ‑ 205 are fulfilled and state funds are appropriated and received for that purpose, then three (3) directors representing the county commissioners, the sheriff ' s department and a local police department from the district shall be appointed to the board of directors by the county commissioners serving the local district. County commissioners, to the greatest extent practical, shall select members to ensure representation from as broad a geographic distribution of the district as possible. The county commissioners shall determine who of the three (3) 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. (b) No director shall continue to hold office after disqualification under any of the provisions of this section. All vacancies on the district board may be filled for unexpired terms by the other directors in office except the unexpired term of member s selected by the county commissioners pursuant to paragraphs (a)(iv) and (v) of this section shall be filled by board of county commissioners appointment. All members shall hold their offices until their successors are elected and qualified. 11 ‑ 49 ‑ 203. Manner of calling annual meeting of pet animal districts; when held; election of chairman and secretary. (a) The annual meeting of each pet animal district shall be held within the first two (2) weeks of December and each board shall: (i) Publish a notice stating the time and place of any meeting of the district and that directors of the board representing pet animal owners and pet animal business owners as provided in W.S. 11 ‑ 49 ‑ 202(a)(i) and (ii) shall be elected at the meeting. Notice shall be published once in a newspaper of general circulation in the district ten (10) days prior to the date of the meeting; (ii) Set the date of the meeting so as not to conflict with the date of similar meetings held in adjoining districts in order that pet animal owners and pet animal business owners operating in more than one (1) district may attend and vote in other districts where th ey are engaged in such business. (b) When assembled in accordance with the provisions of subsection (a) of this section, the pet animal owners and pet animal business owners shall elect a chairman and secretary who shall act as judges of the election of directors representing pet animal interests of the board. 11 ‑ 49 ‑ 204. District boards; election and appointment of officers; meetings; quorum; oath; appropriation requests. At the annual meeting of the district board, following election of directors pursuant to W.S. 11 ‑ 49 ‑ 202(a)(i), (ii) and (iv) and upon appointment of directors pursuant to W.S. 11 ‑ 49 ‑ 202(a)(v), if applicable, the directors shall organize by choosing from their number a president and vice-president and shall appoint a secretary-treasurer. Subsequent meetings may be called by the president upon reasonable notice. A majority of the board constitutes a quorum for the transaction of business at any board meeting. The members of the board shall receive no compensation for serving as members. Each director shall take an oath for the faithful performance of his duties. If the board determines to request an appropriation of funds from the board of county commissioners, it shall, notify the board of county commissioners of the amount the district board considers necessary for district operations during the following year. 11 ‑ 49 ‑ 205. District boards; duties generally. (a) Each pet animal district board shall: (i) Exercise general supervision over t he control and management of p et animals ; (ii) Devise and put in operation those methods that best manage or control pet animals ; (iii) Administer funds received from grants and from other sources to carry out the pet animal program; (iv) Coordinate with affected individuals and entities to develop a comprehensive pet animal program for ea ch respective p et animal district which addresses pet animal and public health concerns. 11 ‑ 49 ‑ 206. District boards; powers generally. Each p et animal district board may adopt rules and regulations necessary for carrying out the purpose and provisions of this article. Each board may hire employees and assistants as necessary. Each board may enter into cooperative agreements with boards of county commissioners, other pet animal districts, federal or state agencies or other organizations or associations for the purpose of protecting and managing pet animals . 11 ‑ 49 ‑ 207. District boards; record of proceedings and expenditures; monthly warrants issued by county for monies collected. (a) The secretary-treasurer of each pet animal district shall keep a complete and accurate record of the proceedings of the board. (b) All salaries and expenses shall be paid from the pet animal district fund of the district by the secretary-treasurer. (c) All expenditures of the district shall be supported by properly approved vouchers and supporting documents in writing signed by the board pr esident and any other director. (d) The county treasurer shall issue monthly warrants to the pet animal district for all monies collected in the county for the pet animal district. 11 ‑ 49 ‑ 208. District boards; annual report. On or before August 1 of each year, the president and secretary-treasurer of each district board and each county treasurer shall make an annual report to their board of county commissioners showing all receipts and disbursement of district funds made by direction of the board during the preceding fiscal year. A report of the receipts, expenditures and financial transactions of the district shall be made as provided by W.S. 9 ‑ 1 ‑ 507. The director of the state department of audit may call upon any district board or upon any county treasurer for further information relating to any p e t animal district. 11 ‑ 49 ‑ 209. Annual meetings of pet an i m al boards. Annual meetings for the election of members of boards of directors of pet animal districts shall be called by the president of each board. The meetings shall be called by a notice published in the manner provided by W.S. 11 ‑ 49 ‑ 203. 11 ‑ 49 ‑ 210. Creation of p et animal district fund; donations; appropriation by county commissioners. (a) The county treasurer shall deposit revenues received under this subsection into a special continuing fund, to be known as the " Pet Animal District Fund of .... County " and to be administered by the pet animal board of that district. ( b ) The district board may receive donations and appropriations of money from any source, and such donations and appropriations shall be deposite d in the district fund by the county treasurer upon request of the district board. Nothing in W.S. 11 ‑ 49 ‑ 201 through 11 ‑ 49 ‑ 210 shall be construed to prohibit boards of county commissioners from appropriating funds for the purpose of protecting and managing pet animals, and such appropriation by boards of county commissioners is authorized. ( c ) If a pet animal owner or pet animal business owner requests pet animal services from the district board representing the county in which the owner resides or is doing business , the board may charge a service fee to recover reasonable and actual costs of the pet animal management services provided. Section 2. W.S. 11 ‑ 1 ‑ 103 is amended 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 ‑ 49 ‑ 11 4 . 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. Section 3 . ( a ) There is appropriated one million dollars ($1,000,000.00) from the general fund to the Wyoming livestock board for the Wyoming pet animal program account under W.S. 11 ‑ 49 ‑ 106 . This appropriation shall be for the period beginning with the effective date of this act and ending June 30, 201 2 . This appropriation shall only be expended for the purpose of implementing the protection of pet animal program, funding the Wyoming pet animal advisory board and providing funding to the district boards . Notwithstanding any other provision of law, this appropriation shall not be transferred or expended for any other purpose and any unexpended, unobligated funds remaining from this appropriation shall revert as provided by law on June 30, 2012. Two million dollars ($ 2,000 ,000.00) shall be included in the Wyoming livestock board ' s 201 3 -201 4 standard biennial budget request to continue the pet animal program . (b) There is appropriated two hundred thirty-five thousand dollars ($235,000.00) from the general fund to the Wyoming livestock board for the pet animal advisory board . 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 funding the four (4) positions authorized under subsection (c) of this section. 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. Four hundred seventy thousand dollars ($470,000.00) shall be included in the Wyoming livestock board ' s 201 3 -201 4 standard biennial budget request to continue the pet animal program . ( c ) There are authorized four ( 4 ) additional positions to the Wyoming livestock board for the purposes of implementing the pet animal program as follows: (i) An assistant state veterinarian for the pet animal program ; (ii) A pet animal care law enforcement officer; (iii) A n information technology person for the pet animal program ; (iv) An administrative assistant for the pet animal program . Section 4 . This act is effective July 1, 2011. (END) 1 SF0066