Voluntary livestock identification program.

WORKING DRAFT
2012
STATE OF
WYOMING
12LSO-0062.E1

HOUSE BILL
NO.
HB0007

Voluntary livestock identification 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; establishing a Wyoming livestock
identification
and traceability program;
providing penalties for violations;
authorizing rulemaking; providing an appropriation; and providing for an effective date.

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

Section 1
.

W.S.
11
‑
1
‑
103,
11
‑
18
‑
117(a), (b), by creating new subsections (c) and (e) and by amending and renumbering (c) as (f) 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
‑
18
‑
117(f),
11
‑
19
‑
101, 11
‑
19
‑
102, 11
‑
19
‑
103, 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, 11
‑
30
‑
114 and 11
‑
48
‑
102. 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.

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
the 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 national
the Wyoming
livestock identification
and traceability
program, disease
outbreak

trace back
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
, unless compelled by law to release the records, data
or information
,

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 Wyoming
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 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, all information collected for the Wyoming livestock identification and traceability program shall be maintained in confidentiality by the Wyoming livestock board. The Wyoming livestock identification and traceability program shall incorporate existing livestock identification and traceability systems enacted by the Wyoming livestock board or the state veterinarian in accordance with the authority granted by W.S. 11
‑
18
‑
101 through 11
‑
18
‑
117 and 11
‑
19
‑
101 through 11
‑
19
‑
602 to the maximum extent practicable. The Wyoming livestock board shall promulgate rules and regulations of the Wyoming livestock identification and traceability program, including the types of identification and tracing devices that are acceptable for use, the categories and species of livestock
authorized
to be identified or traced, acceptable conditions for replacement of approved identification devices by the livestock producers and other information as determined necessary by the Wyoming livestock board to protect and promote
the Wyoming livestock industry.

(e)

Nothing in this section shall prohibit a livestock animal producer from using additional livestock tags for purposes of livestock management and producer identification.

(c)
(f)

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

and punished as provided in W.S. 11
‑
1
‑
103
.

Section 2.

W.S. 11
‑
18
‑
117(d) is repealed.

Section 3.

There is appropriated from the general fund
forty-
three thousand
fifteen
dollars ($
43
,0
15
.00) to the Wyoming livestock board for the purpose of implementing and maintaining the Wyoming livestock identification program. This appropriation shall be for the period beginning with the effective date of this act and ending June 30, 2014. Notwithstanding any other provision of law, this appropriation shall not be transferred or expended for any other purpose. Any unexpended, unobligated funds shall revert as provided by law on June 30, 2014.

Section 4.

This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

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HB0007