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SF0004 • 2013

Livestock disease reporting and liability.

AN ACT relating to livestock; imposing liability for the failure to give notice of diseased livestock as specified; providing damages for false claims; assigning burdens of proof; providing exceptions to liability; and providing for an effective date.

Agriculture
Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Senator Geis
Last action
2013-02-19
Official status
enrolled
Effective date
7/1/2013

Plain English Breakdown

The plain English breakdown is still being put together. The official documents below are already here.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

SF0004H3001

3rd reading • SOMMERS

Adopted

Plain English: Adopted 3rd reading by SOMMERS

  • This amendment summary is using official source text because generated interpretation was skipped for this run.
  • The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.
SF0004HS001

Standing Committee • H05

Adopted

Plain English: Adopted Standing Committee by H05

  • This amendment summary is using official source text because generated interpretation was skipped for this run.
  • The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.
SF0004SW001

Committee of the Whole • EMERICH

Adopted

Plain English: Adopted Committee of the Whole by EMERICH

  • This amendment summary is using official source text because generated interpretation was skipped for this run.
  • The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.
SF0004SS001

Standing Committee • GEIS

Adopted

Plain English: Adopted Standing Committee by GEIS

  • This amendment summary is using official source text because generated interpretation was skipped for this run.
  • The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.

Bill History

  1. 2013-02-19 LSO

    Assigned Chapter Number

  2. 2013-02-15 Governor

    Governor Signed SEA18

  3. 2013-02-12 House

    H Speaker Signed SEA No. 0018

  4. 2013-02-12 Senate

    S President Signed SEA No. 0018

  5. 2013-02-11 LSO

    Assigned Number SEA0018

  6. 2013-02-11 Senate

    S Did Concur

  7. 2013-02-11 Senate

    S Received for Concurrence

  8. 2013-02-11 House

    H Passed 3rd Reading

  9. 2013-02-11 House

    Amendment Adopted

  10. 2013-02-08 House

    H Passed 2nd Reading

  11. 2013-02-07 House

    H Passed CoW

  12. 2013-02-07 House

    H Amendments Adopted

  13. 2013-02-07 House

    Amendment Adopted

  14. 2013-02-05 House

    H Placed on General File

  15. 2013-02-05 House

    H05 Recommended Amend and Do Pass

  16. 2013-01-24 House

    H Introduced and Referred to H05

  17. 2013-01-23 House

    H Received for Introduction

  18. 2013-01-22 Senate

    S Passed 3rd Reading

  19. 2013-01-21 Senate

    S Passed 2nd Reading

  20. 2013-01-18 Senate

    S Passed CoW

  21. 2013-01-18 Senate

    Amendment Adopted

  22. 2013-01-18 Senate

    S Amendments Adopted

  23. 2013-01-18 Senate

    Amendment Adopted

  24. 2013-01-16 Senate

    S Placed on General File

  25. 2013-01-16 Senate

    S05 Recommended Amend and Do Pass

  26. 2013-01-09 Senate

    S Introduced and Referred to S05

  27. 2013-01-08 Senate

    S Received for Introduction

  28. 2012-11-28 LSO

    Bill Number Assigned

Official Summary Text

Bill No.: <billno> Drafter: <drafterinit>

Bill No.:
SF0004
Drafter:

JDA

LSO No.:
13LSO-0241
Effective Date:

7/1/2013

Enrolled Act No.:
SEA0018

Chapter No.:
CH0050

Prime Sponsor:
Senator Geis

Catch Title:
Livestock disease reporting and liability.

Subject:
Diseased livestock.

Summary/Major
Elements:

This bill
provides that a person who knows they have diseased livestock and transfers the
livestock or allows the livestock to comingle with uninfected livestock is
liable for the economic damages for the spread of the disease to uninfected
livestock.

The bill
specifies that a false claim is punishable by three times the damages caused
and reasonable attorneys fees.

The bill
provides that damages shall not be available to a person receiving an animal
with written notice that the animal is infected.

The bill
provides that a livestock sales or auction facility is not liable if the
disease was not reported or known by the facility or the facility provided
written notice of the disease to the person claiming damages.

Current Bill Text

Read the full stored bill text 
WORKING DRAFT

ORIGINAL SENATE
FILE

NO.
0004

ENROLLED ACT NO. 18, SENATE

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

AN ACT relating to
livestock; imposing liability for the failure to give notice of diseased livestock as specified;
providing damages for false claims;
assigning burdens of proof; providing exceptions to liability;
and providing for an effective date.

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

Section 1.
W.S. 11
‑
19
‑
102 by creating new subsections (d) and (e) is amended to read:

11
‑
19
‑
102.

Duty of public to report diseases; list of reportable diseases; failure to comply or obstruction of duty;
liability;

penalties
.

(d)

Any person who knows that they own or have in their possession
any livestock
as defined by W.S. 11
‑
20
‑
101(a)(iv)
infected with any disease
formally declared by the Wyoming livestock board
, through rule and regulation,
as being potentially economically devastating and for which there is a valid diagnostic test
and who transfers ownership or possession of the
livestock
to another person, or who
knowingly or through his own neglect
allows the
livestock
to commingle with uninfected
livestock
, is liable for the economic damages caused by the spread of the disease to uninfected
livestock
. In addition to the conditions for liability and recovery set in subsection (e) of this section, damages shall be available under this
sub
section only to a transferee who accepts the diseased animal directly from the liable person and to the owner of an animal that becomes infected as the result of direct contact with the diseased animal. The burden of proving liability and damages under this section shall be upon the person claiming damages. Any person who files a claim for recovery under this subsection alleging facts known to be false is liable for
three (3) times
the damages
caused by the false claim
and reasonable attorney fees.

(e)

No person who has received written notice that an animal
is
infected with a disease identified in subsection (
d
) of this section prior to
acquiring ownership or assuming
possession of the infected animal shall be entitled to the
damages provided by subsection (d) of this section. No livestock sales or auction facility shall be subject to the liability imposed by subsection (d) of this section if
:

(i)

T
he existence of disease was not reported to the facility
and t
he facility did not know of the existence of the disease
;
or

(ii)

T
he facility provided written notice of the disease to the person claiming damages under subsection (d) of this section.

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 Senate.

Chief Clerk

1