Livestock fence repairs.

WORKING DRAFT

ORIGINAL HOUSE
BILL

NO.
0084

ENROLLED ACT NO. 48, HOUSE OF REPRESENTATIVES

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

AN ACT relating to

livestock fences
; providin
g immunity for persons who
repair
livestock
fences
under specified circumstances
;

specifying
duties
regarding repair of livestock fences
;
and providing for an effective date.

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

Section 1.

W.S. 11
‑
20
‑
202(b)
, 11
‑
24
‑
108(g) and 24
‑
1
‑
112(a)
and by creating a new subsection (c)
are
amended to read:

11
‑
20
‑
202.

Duties of board; enforcement of provisions.

(b)

The board shall enforce the brand inspection provisions of this act. No agent of the board exercising ordinary care and precaution in performing his duties is liable for any damage or loss that may be incurred thereby.
The immunity from liability provided by this section shall include liability for damages alleged to have been caused by an agent's efforts to repair a fence.

11
‑
24
‑
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.

(g)

A peace officer may remove, destroy or otherwise dispose of an animal injured on a state highway after a reasonable attempt to locate the owner of a salvageable animal or a game warden in the case of a wild animal. If reasonably possible, the peace officer shall contact the brand inspector before removing, destroying or disposing of livestock. The carcass of an animal killed on a state highway shall be disposed of by highway maintenance crews.
If the owner desires, he may claim the carcass from the maintenance crew. The crews shall report to the inspector brands, marks, tags or other identification. The inspector shall endeavor to establish ownership of the animal and notify the owner in writing or notify the local game warden as may be appropriate.

Notwithstanding W.S.
24
‑
1
‑
112
and as part of their duties
, any peace officer, inspector or other person
acting
under this section may, but is not obligated to, attempt to repair any fencing through which
an animal

has
gained

improper
access
to the area
in which the animal is
found
.

24
‑
1
‑
112.

Construction and repair of fences to be performed by department of transportation.

(a)

Except as provided by W.S. 11
‑
24
‑
108(g)
or subsection (c) of this section
, i
n the event that fences paralleling state highways, or built on the highway right
‑
of-way need repair or reconstruction to meet legal fence requirements, as set forth in W.S. 11
‑
28
‑
102, the actual work of repair and reconstruction of the fence, including all corresponding labor costs, shall be performed by the department of transportation.

(c)

Notwithstanding subsection (a) of this section, a landowner or the owner or person having custody or charge of livestock may, but is not obligated to, attempt to repair any fence under this section in order to protect livestock or prevent livestock from entering a
highway. Nothing in this subsection shall be deemed to create or increase any liability of a landowner or an owner
or person having custody or charge of livestock
.

Section 2.

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

1