Game animals-damages.

WORKING DRAFT
2011
STATE OF
WYOMING
11LSO-0422

SENATE FILE
NO.
SF0111

Game animals-damages.

Sponsored by:
Senator(s) Geis

A BILL

for

AN ACT relating to
game and fish; providing for the development of a disease management plan; providing for
contingent
indemnification to livestock producers;
and providing for an effective date.

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

Section 1.

W.S. 23
‑
1
‑
901 by creating new subsections (c)
through
(
e
) and by renumbering (c) through (f) as (
f) through (j
) is amended to read:

23
‑
1
‑
901.

Owner of damaged property to report damage; claims for damages; time for filing; determination; appeal; arbitration.

(c)

For claims under subsections (c) and (d) of this section, subsection
s
(f) through (j) shall apply.
I
n the event
that epidemiologic evidence indicates
that wildlife
,
owned by the
s
tate of
Wyoming
and managed by the
W
yoming
game and fish
commission
, have
transmitted
a disease
to livestock, the
W
yoming
game and fish commission
shall:

(i)

Develop a
disease management
plan to address the disease occurrence. This plan shall be approved by the
Wyoming
livestock board and the governor. The plan shall include surveillance, monitoring and action items to pr
event the spread of the disease;

(ii)

Be responsible for indemnity to the livestock producer if depopulation is a required management tool.
The livestock producer shall be paid according to W.S. 11
‑
19
‑
406.

Indemnity granted shall be as provided in W.S. 11
‑
19
‑
106
and only if
:

(A)

T
he
United States
department of agriculture, animal and plant health inspect
ion service, wildlife services does not make the indemnity payment from the federal government to the producer for the depopulation
;

(B)

The livestock producer has not been paid
for the loss
from other funds.

(d)

B
rucellosis payments under
subsection (c) of this
se
ction shall not be made by the
Wyoming
g
ame and
f
ish
c
ommission

for any sexually intact female cattle or bison which are over twelve (12)

months of age and which are not official calfhood vaccinates.

(
e
)

No indemnity reimbursement under subsection
(
c
)
of this section shall be awarded to any livestock producer who has not permitted hunting on his property dur
ing authorized hunting seasons.

(c)
(f
)

The department shall consider the claims based upon a description of the livestock or bees damaged or killed by a trophy game animal, the damaged land, growing cultivated crops, stored crops including honey and hives, seed crops, improvements and extraordinary damage to grass. The commission is authorized to establish by rule, methods, factors and formulas to be used for determining the amount to compensate any landowner, lessee or agent for livestock damaged as a result of, missing as a result of, or killed by trophy game animals. Claims shall be investigated by the department and rejected or allowed within ninety (90) days after submission, and paid in the amount determined to be due. In the event the department fails to act within ninety (90) days, the claim, including interest based on local bank preferred rates, shall be deemed to have been allowed. No award shall be allowed to any landowner who has not permitted hunting on his property during authorized hunting seasons. Any person failing to comply with any provision of this section is barred from making any claim against the department for damages. Any claimant aggrieved by the decision of the department may appeal to the commission within thirty (30) days after receipt of the decision of the department as provided by rules of practice and procedure promulgated by the commission. The commission shall review the department decision at its next meeting following receipt of notice of request for review. The commission shall review the investigative report of the department, and it may approve, modify or reverse the decision of the department.

(d)
(g
)

Within ninety (90) days after receiving notice of the decision of the commission, the claimant may in writing to the department call for arbitration. Within fifteen (15) days after the department receives the call for arbitration, the claimant and the department shall each appoint a disinterested arbitrator who is an elector residing in the county where the damage occurred and notify each other of the appointment. Within twenty (20) days after their appointment, the two (2) arbitrators shall appoint a third arbitrator possessing the same qualifications. If the third arbitrator is not appointed within the time prescribed, the judge of the district court of the county or the court commissioner in the absence of the judge shall appoint the third arbitrator upon the application of either arbitrator.

(e)
(h
)

At least twenty (20) days before the hearing, the board of arbitrators shall provide the claimant and department notice of the time and place in the county when and where the parties will be heard and the claim investigated and decided by the board. A written copy of the decision shall be promptly served upon each party. Within ten (10) days after receipt of the decision, either party may apply to the board for modification of the decision under W.S. 1
‑
36
‑
111. Either party may apply to the district court for vacation of a decision under W.S. 1
‑
36
‑
114(a) or correction or modification of a decision under W.S. 1
‑
36
‑
115 within thirty (30) days after receipt of the decision or within twenty (20) days after action by the board on an application for modification under W.S. 1
‑
36
‑
111.

(f)
(j
)

If no applications under subsection (e) of this section are made after receipt of the decision, the commission shall promptly pay the amount, if any, including interest based on local bank preferred rates, awarded by the board. Within thirty (30) days after the award is final, the board's reasonable service and expense charges shall be paid by:

(i)

The claimant if the award is no greater than the amount originally authorized by the commission;

(ii)

Otherwise, the commission.

Section 2.

This act is effective July 1, 2011.

(END)

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SF0111