Reimbursement for livestock.

WORKING DRAFT

ORIGINAL SENATE
FILE

NO.
0018

ENROLLED ACT NO. 37, SENATE

SIXTY-FIRST LEGISLATURE OF THE STATE OF WYOMING
2012 BUDGET SESSION

AN ACT relating to
livestock;
amending provisions
for reimbursement to livestock producers;
creating a reimbursement account;
conform
ing provisions
;

and providing for an effective date.

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

Section 1.

W.S. 11
‑
19
‑
106(a)
, (b)(i),
(c)
and

by creating new subsections
(
f
)
and (g)
,

11
‑
19
‑
214

and
11
‑
19
‑
406
are amended to read:

11
‑
19
‑
106.

R
emoval
of diseased animals; owner's claims.

(a)

All claims against the state arising from the

slaughter
ordered

disposal

of animals

by the state veterinarian
for
scrapie,
brucellosis and tuberculosis
,
together with the order of the veterinarian, shall be submitted to the state auditor who shall examine them without unnecessary delay.

For purposes of this section, "disposal" means to sell, send to slaughter or destroy the animal.
For each claim he finds to be equitable and entitled to indemnity under this chapter the auditor shall issue his warrant on the state treasurer for the sum named in the claim. All claims for indemnity arising under the provisions of this chapter, before they are presented for payment to the auditor, shall be submitted to the state veterinarian who shall fully inform himself of the facts connected with each claim. The state veterinarian shall endorse on each claim his approval or rejection and shall express in such endorsement the reasons for his approval or rejection.

(b)

If the state veterinarian rejects a claim it and the reasons for rejection shall be submitted to a board of
arbitration consisting of three (3) members selected as follows:

(i)

The state veterinarian shall select one (1) stock grower who is a resident of the county where the
slaughtered

ordered disposed
animal for which the claim is made ranged;

(c)

The indemnity granted shall be the fair market value of the
Prior to
the
state veterinarian endorsing any payment be made for
the ordered disposal of
any

livestock

as determined by the department of agricultur
e

under this
section, W.S. 11
‑
19
‑
214
or
11
‑
19
‑
406, the state
veterinarian
shall ascertain that sufficient funds are available
.
The state veterinarian shall utilize available federal funds prior to state funds
to pay

the owner of the livestock
.

The indemnity granted shall be the difference between the fair market value of the liv
estock
and the amount received for the sale, less any amount of reimbursement provided for and paid under federal law and regulation.
Fair market value
shall
be determined by using comparable sales data from state markets at the time of removal or by the use of a qualified independent livestock appraiser as designated by the state veterinarian. If no sale is transacted, but an animal is removed for diagnostic purposes or disposal, the reimbursement provided shall be the fair market value minus any other reimbursement.
Unless otherwise reimbursed, the cost of shipping or transportation and commission charges shall be added to the amount provided to the producer for livestock indemnification.

It shall be paid to the owner upon his application and presentation of proofs prescribed herein within six (6) months of the date of
slaughter

ordered disposal
for which payment is claimed. The claim shall be barred if not presented within the time limited.

(f
)

The
Wyoming livestock board
, in consultation with the
state veterinarian
,
shall
promulgate
rules and regulations
for the process
ing
of claims under this section.

(g
)

There is created the
animal reimbursement
program
account
into which shall be deposited revenues as provided by law. Interest on earnings from funds in the account shall be credited to the account.

Deposits into the
account
shall only be expended pursuant
to
this
section
and the rules and regulations
as required by
subsection (d
) of this section.
Notwithstanding W.S. 9
‑
2
‑
1008 or 9
‑
4
‑
207, unexpended funds shall not revert.

T
he
state veterinarian
shall report
the balance of the account and
the claims

endorsed and paid

each fiscal year
to the joint appropriations interim committee and the joint agriculture, state and public lands and water resources interim committee
.

11
‑
19
‑
214.

Sale of diseased livestock.

All livestock in Wyoming lawfully found to be affected with tuberculosis may be shipped or transported under the direction of the state veterinarian in accordance with federal regulations, to livestock markets and there sold for salvage and destroyed or transferred to an approved slaughter facility or veterinary diagnostic laboratory in accordance with federal regulations.
Prior to directing that any affected livestock be sold under this section, the state veterinarian shall ascertain that sufficient funds are available from either federal or state sources to ensure that the owner of condemned livestock will be paid the difference between the market value at the time of quarantine and the amount received for the sale, less any amount of reimbursement provided for and paid under federal law or regulation, the cost of shipping or transportation
and commission charges

Producers may be eligible for indemnification
as provided in
W.S. 11
‑
19
‑
106 for any livestock
ordered disposed

pursuant to this section
.

11
‑
19
‑
406.

Sale of diseased cattle or domestic bison.

All cattle or domestic bison in Wyoming lawfully found to be affected with brucellosis, including all sexually intact cattle or domestic bison that are part of a herd found to be affected with brucellosis, may be shipped or transported under the direction of the state veterinarian to livestock markets and sold for immediate slaughter or transferred to an approved slaughter facility or veterinary diagnostic laboratory in accordance with federal regulations.
Prior to directing that any cattle or bison that are part of an infected herd be sold under this section, the state veterinarian shall ascertain that sufficient funds are available from either federal or state sources to ensure that the owner of the condemned cattle or domestic bison will be paid the difference between the market value at the time of quarantine and the amount received for the sale, less any amount of reimbursement provided for and paid under federal law or regulation, the cost of shipping or transportation and commission charges.

Payments under this section shall not be made by the state for any sexually intact female cattle or bison which are over twelve (12) months old and which are not official calfhood vaccinates as provided in board rule and regulation.
Producers may be eligible for indemnification in accordance with W.S. 11
‑
19
‑
106 for any livestock
ordered disposed

pursuant to this section
.

Section 2.

W.S. 11
‑
19
‑
105
is
repealed.

Section 3
.

This act is effective July 1, 2012.

(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