Livestock revisions.

WORKING DRAFT

ORIGINAL HOUSE
BILL

NO.
0013

ENROLLED ACT NO. 32, HOUSE OF REPRESENTATIVES

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

AN ACT relating to
livestock and other animals; revising the process for licensure of livestock markets as specified;
revising the responsibilities and fines for estrays; revising the penalty for stock and exotic livestock running at large; providing other technical changes as specified; providing definitions;
and providing for an effective date.

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

Section 1.

W.S.
11
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1
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103,
11
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22
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106(a)(intro), 11
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22
‑
113
(a) and (b)
, 11
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24
‑
103, 11
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24
‑
104, 11
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24
‑
105, 11
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24
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108(b) and (d), 11
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24
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110, 11
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24
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112,
11
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24
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114,

11
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26
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101
and

11
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31
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214

are amended to read:

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1
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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
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6
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210(a) or (f), 11
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18
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112, 11
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19
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101, 11
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19
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102, 11
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19
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103, 11
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19
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111, 11
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19
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401, 11
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20
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114, 11
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2
0
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117, 11
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20
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229, 11
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20
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230, 11
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21
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104, 11
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22
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118, 11
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23
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106, 11
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23
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207,
11
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24
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103,

11
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24
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106,
11
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26
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101(b),

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30
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114 and 11
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48
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102. A person who violates board rules promulgated pursuant to W.S. 11
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18
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103(a)(v) shall be subject to the penalties specified in this section.

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22
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106.

License; cancellation.

(a)

The following are grounds for
fines, suspension or

cancellation of the license to operate a livestock market if the board finds:

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22
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113.

Inspection of livestock
;
report on unbranded
livestock
.
(a)

All livestock
and goats
entering a livestock market shall be inspected for health and all livestock except swine
and goats
shall be inspected for brands before being offered for sale. The health inspection shall be made by a veterinarian approved by the board and appointed by the executive officer of the board as an authorized veterinarian for livestock markets. The brand inspection shall be made by a brand inspector.

(b)

The Wyoming livestock board shall require

a monthly report
from brand inspectors employed at all Wyoming livestock markets
a monthly report
of all
branded and

unbranded

calves of the beef breeds that are not accompanied by their mothers,

livestock

inspected prior to sale. The report shall show for each consignment of
such calves

livestock

the date and place of sale, the county of origin, the name and address of consignor and the
total

number
of calves

inspected and sold.

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24
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103.

Taking up estrays; penalties.

Any person who takes up or retains possession of any estray without the owner's knowledge or consent, or who in any manner restrains from liberty for the purpose of using or making use of any estray without the knowledge and consent of the owner
, is guilty of a misdemeanor and
shall be
fined
not less than ten dollars ($10.00) nor more than one hundred dollars ($100.00), imprisoned for not exceeding sixty (60) days

not more than seven hundred fifty dollars
($750.00), imprisoned for not more than six (6) months, or both

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

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24
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104.

Stallions and jacks generally.

If any horse or ass not gelded, two (2) years old or upwards, is found running at large, it is lawful for any person to take up the horse or ass and give notice to the owner or keeper if known. If the owner or keeper does not appear within six (6) days thereafter and pay
thirty dollars ($30.00)

expenses
incurred for the feed and care of the animal

to the person possessing the animal, the person shall advertise the horse or ass and the same proceedings shall be had as provided in the case of estray animals, or the person possessing the animal may after the expiration of thirty (30) days from the time of advertising, geld or have the horse or ass gelded, at the risk and expense of the owner, except when the horse or ass is in the owner's herd, or in care of the owner's herder.
The owner of the horse or ass shall be liable for any damages caused by the animal to property or other livestock.

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24
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105.

Unclaimed horses; permit for gathering; disposal.

(a)

Any person desiring to gather unclaimed horses from the ranges within Wyoming
must obtain written permission before commencing to do so

shall obtain a permit from the livestock board,
except as provided in subsection (
e
) of this section
. The permit
must be

obtained

applicant shall submit with the permit application written permission to access the range whereon the unclaimed horses are to be gathered
from the person who has ownership or control of the surface rights of
the

that
range
.

whereon the unclaimed horses are to be gathered. The permit shall be presented to an inspector and used for the basis for issuance of any
brand inspection permit for removal of the unclaimed horses from the county wherein the unclaimed horses are gathered
.
The form of the permit shall be prescribed by the board.

(b)

If
after an inspection under subsection (c) or (e) of this section,
the rightful owner cannot be found, or when found, refuses or fails to pay the charges for feed and care of the estray, the
u
nclaimed horses
shall
be disposed of

by the board
under the laws pertaining to estrays.

(c)

The permit and the unclaimed horses shall be presented to an inspector within the county in which they were gathered without unnecessary delay for determination of ownership.

(d)

The permittee shall be responsible for all expenses associated with gathering, feed and care of the unclaimed horses until an inspection has occurred.

(e)

A permit is not required for any person desiring to gather unclaimed horses located on
private
land on which the person has ownership or control of the surface rights. A person who has gathered unclaimed horses on
private
land on which he has ownership or control of the surface rights shall present the unclaimed horses
to an inspector within the county in which they were gathered without unnecessary delay
for determination of ownership and

shall be responsible for all expenses associated with the gather and feed and care of the unclaimed horses until an inspection has occurred.

(f)

Any horse claimed by the United States bureau of land management as belonging to a wild horse management unit is excluded from this section.

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108.

Stock at large or picketed on public highways; penalties for violations; impoundment and disposition; fees; proceeds from disposition thereof; removal of dead or injured animals.

(b)

Any person or corporation violating this section shall be fined not less than
fifty dollars ($50.00)

two hundred dollars ($200.00)

nor more than seven hundred fifty dollars ($750.00) and in addition shall pay all damage done by the livestock. The provisions of this section do not apply to livestock drifting into lanes or fenced roads in going to or returning from their accustomed ranges.

(d)

A removal fee of not to exceed
ten dollars ($10.00)

twenty dollars ($20.00)

per head shall be allowed for the expense incurred in removing livestock from any public highway and an impounding fee
of not to exceed

ten dollars ($10.00
) per day per head

for
expenses incurred
for the feed and care of the animal

shall be allowed the person responsible for feed and care of the livestock removed. The inspector is responsible for collection and payment to the rightful claimants of removal and impounding fees when impounded livestock is surrendered to the owner. Upon disposal, the total amount of removal and impounding fees shall be made known to the selling agency at the market or slaughter plant by the inspector and shall constitute a first claim on the net proceeds of the livestock after shipping and disposal expenses have been paid, and shall be forwarded by the selling agency to the claimant.

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110.

Monthly report of inspector; board to keep public record.

The inspector shall make a report every thirty (30) days of all estrays
not otherwise reported

to the livestock board,
giving a description of the estrays, stating any brands or other marks by which the estrays may be identified. The board shall keep a record of all estrays reported, which shall at all times be open to the public for inspection.

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24
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112.

Disposition
of proceeds; payment to owner on proof of ownership; unclaimed proceeds generally.

If the lawful owner of any estray disposed of is found within one (1) year after the
end of the calendar year in which

disposal of the estray

occurred
, the net amount received from the disposal shall be paid to the owner upon his proving ownership to the satisfaction of the board or a
gency. If at the end of one (1)

year
after the end of the calendar year in which disposal of the estray occurred,

the proceeds from the disposal of any estray remains unclaimed, the proceeds shall be disposed of as provided by law.

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24
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114. Publication of list of unclaimed estrays.

(a)

The executive officer of the livestock board shall annually, during the last week of December, send two (2) lists of unclaimed estrays for which he has received payments, to the county clerk of each county, who shall post one (1) copy in a conspicuous place in the courthouse and place one (1) copy on file in his office. The executive officer shall also cause to be published in a newspaper of general circulation in each county from which any estray included in the list was shipped, a notice to the public that the list of estrays is available for examination.

(b)

In addition to the notice under subsection (a) of this section, not l
ess
than once each month the livestock board shall ensure that
if
a new estray is taken up
notice is posted at the
courthouse
in the county in which
the estray was taken and at each livestock market. The notice
under this
sub
section shall include the location recovered from and the name of the inspector.

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26
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101.

Prohibited generally; liability of owner; penalty.

(a)

It is unlawful for the owner of any swine, goats
,

or

domestic elk
or exotic livestock

to allow such animals to run at large within Wyoming.
As used in this section, "exotic livestock" means any nontraditional livestock animal including, without limitation,
llama, alpaca
and other camelids, ostrich and other ratites, bison
hybrids
and yaks
.

Any owner who permits or causes such animals to run at large within Wyoming, is liable for damages incurred by any person by reason thereof in a civil action.

(b)

Any person violating subsection (a) of this section, after twenty
-
four (24) hours written notice by a proper officer, shall be
fined
not less than ten dollars ($10.00) or more than two hundred fifty dollars ($250.00)

for each offense

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

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31
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214.

Board authorized to adopt rules and regulations.

The board of county commissioners, with the advice of the county health officer
,

state veterinarian
and department of health
,

may adopt such rules and regulations as necessary to implement the program for registration and immunization of dogs and cats in the rabies control district, including the requirement that registered dogs and cats be tagged or marked in such manner as to make them readily identifiable.

Section 2.

This act is effective July 1, 2013.

(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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