Brands.

WORKING DRAFT

ORIGINAL HOUSE
BILL

NO.
0004

ENROLLED ACT NO. 4, HOUSE OF REPRESENTATIVES

SIXTY-SECOND LEGISLATURE OF THE STATE OF WYOMING
2013 GENERAL SESSION

AN ACT relating to brands;
revising how brand
s are recorded and rerecorded
;
providing for delinquent brands;
authorizing fees for
re
recording;
requiring stock drovers to return comingled livestock;
providing for
fees; amending a definition;

repealing obsolete provisions
;
and providing for an effective date.

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

Section 1
.

W.S.
11
‑
20
‑
107, 11
‑
20
‑
110, 11
‑
20
‑
111, 11
‑
20
‑
114(a), 11
‑
20
‑
115(a), 11
‑
20
‑
117(a), 11
‑
20
‑
118, 11
‑
20
‑
125(a)
(intro)
,
11
‑
20
‑
212(a),
11
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20
‑
401 by creating a new subsection (c), 11
‑
20
‑
409 and 11
‑
24
‑
101(a)(v) are amended to read:

11
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20
‑
107.

Brands; records kept by board; inspection thereof.

The board shall keep an accurate record of all certified livestock brands, the names of the owners and their
post office

current contact information including

addresses, which shall be open to public inspection.

11
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20
‑
110.

Recorded brand; bill of sale; when title vests.

Any recorded brand may be conveyed to another by a bill of sale executed by the vendor, properly acknowledged, but the conveyance is not complete nor does title to the brand vest in the vendee until the bill of sale is filed for record
and the ownership of the brand is transferred
in the office of the board.

11
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20
‑
111.

State brand book; contents.

The executive officer of the board shall procure a suitable book, to be known as the state brand book, in which shall be recorded the brand and the definite place of the brand upon the animal, used for the branding of livestock in this state.
A suitable book under this section may, at the discretion of the board, include a printed copy, an electronic copy or both.

11
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20
‑
114.

F
ailure to record
brand
deemed abandonment.

(a)

No person shall claim or own any brand which has not been recorded in the office of the Wyoming livestock board.

Failure to record a brand is an abandonment of the same. No person shall claim or use any abandoned brand until after he has caused the same to
be recorded as required by law.

11
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20
‑
115.

Rerecording; when required; notice; abandonment.

(a)

Except as provided by subsection (b) of this section, every tenth year after recording a brand, every owner of a brand shall rerecord the brand, and failure to do so is an abandonment of the brand
as provided in this section
. At least sixty (60) days preceding the expiration date of the brand, the board shall notify by mail, at the address shown on the brand records, the party owning the brand that the brand must be rerecorded and if the brand has not been rerecorded within sixty (60) days from the expiration date of the brand
, the brand
will be declared
delinquent.
The board shall send a second notice by certified mail to the party owning the brand at the address shown on the brand records within thirty (30) days following the
expiration date of
the brand.

A delinquent brand may be rerecorded by the brand
owner who shall submit
a rere
cording application and pay a delinquent fee as established by rule of the board
not to exceed one hundred fifty dollars ($150.00)
. If a delinquent brand is not rerecorded within one (1) year from the expiration date of the brand, the brand will be declared
abandoned
.

and will be allowed to other applicants
The livestock board is authorized to promulgate rules and regulations necessary to implement this section including rules for
issuing abandoned
brands to other applicants
.

11
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20
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117.

Use of
u
nrecorded brands prohibited; penalties.

(a)

It is unlawful for any person in Wyoming to
use an unrecorded brand for the purpose of claiming ownership of or to

identify livestock with a
brand not recorded in his name

when the brand is a duplicate of or in conflict with any brand lawfully recorded in Wyoming for the same species of livestock

except as otherwise provided in W.S. 11
‑
20
‑
125
.

11
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20
‑
118.

Drover's stock; to be kept separate.

Every stock drover shall keep his livestock separate and distinct from other livestock, and if his livestock becomes mixed with other livestock the stock drover shall forthwith separate the same

and return any comingled livestock to their lawful owner
.

11
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20
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125.

Use of a seasonal brand; application for an annual permit to use an out
‑
of
‑
state brand.

(a)

A person may apply to the board for permission to use his out-of-state brand on cattle
,
horses, asses or
mules,
provided the brand is legally registered in the state of origin. If a conflict is found with a registered Wyoming brand the board, notwithstanding W.S. 11
‑
20
‑
104 and 11
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20
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117 and as established by rule and regulation, may authorize use of the brand and require further identification. The permit shall be valid for a one hundred eighty (180) day period during the calendar year. The permit is not transferable. The annual fee for the permit shall be the same as the fee for a new brand as prescribed in W.S. 11
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20
‑
103. The permit may be issued and renewed annually if the board finds the requirements of this section are met:

11
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20
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212.

In-state range movement permits.

(a)

The board may issue an in-state range movement permit for the movement of livestock from a location in Wyoming to a noncontiguous location in another county provided the applicant and the ranch meet the requirements of this subsection and criteria established by rules of the board. The movement shall be for the purpose of pasturing, grazing, feeding the livestock, veterinary care, commercial lease or use or other board approved movement that is considered necessary for normal ranch management operating conditions. The movement shall not be for the purpose of changing ownership. A permit under this section may be issued only to bona fide owners or Wyoming resident lessees of qualified ranch lands headquartered within Wyoming or their authorized employees. As used in this section, a qualified ranch means a ranch that has been used for a period of time or purpose specified by the board and which use can be verified by brand inspection records. A permit may be denied by the board after a finding that the person

applying for a permit has violated a brand inspection
or animal health
law, including a provision of this section
,

or

a board
brand inspection or animal health

rule or regulation

or a board order
.

11
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20
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401.

Brand inspection fees generally.

(c)

The board may
allow the inspection, permitting, payment and reporting requirements of this chapter to be conducted electronically as provided by the Uniform Electronic Transactions Act, W.S. 40
‑
21
‑
101 through 40
‑
21
‑
119
,
and any applicable federal electronic requirements
.

11
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20
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409.

Issuance of certificate.

Except as otherwise provided in W.S. 11
‑
20
‑
401(c), a
ll fees required by W.S. 11
‑
6
‑
210, 11
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20
‑
201 through
11
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20
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230
, 11
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20
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401 and 11
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20
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402 shall be due and payable upon the issuance of a certificate of brand inspection or clearance. No fees required by W.S. 11
‑
6
‑
210 shall be collected on the same livestock more than once in any twelve (12) month period.

11
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24
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101.

Definitions.

(a)

As used in this act:

(v)

"Livestock" means as defined in
W.S.
23
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1
‑
102(a)(xvi)
11
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20
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101(a)(iv)
;

Section 2
.

W.S. 11
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20
‑
212(e) and 11
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20
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223(e) are repealed.

Section 3.

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
)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

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