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23LSO-0618
2023
STATE OF WYOMING
23LSO-0618
Numbered
2.0
HOUSE BILL NO. HB0228
Livestock compensation factor.
Sponsored by: Representative(s) Rodriguez-Williams and Winter and Senator(s) Laursen, D
A BILL
for
AN ACT relating to game and fish; specifying the development of a compensation formula for yearlings damaged by trophy game animals; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1.
W.S. 23
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1
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901(c) and by creating a new subsection (j) is amended to read:
23
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1
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901.
Owner of damaged property to report damage; claims for damages; time for filing; determination; appeal; arbitration.
(c)
The department shall consider the claims based upon a description of the livestock or bees damaged or killed by a trophy game animal, the damaged land, growing cultivated crops, stored crops including honey and hives, seed crops, improvements and extraordinary damage to grass.
Subject to subsection (j) of this section, t
he commission is authorized to establish by rule, methods, factors and formulas to be used for determining the amount to compensate any landowner, lessee or agent for livestock damaged as a result of, missing as a result of, or killed by trophy game animals. Claims shall be investigated by the department and rejected or allowed within ninety (90) days after submission, and paid in the amount determined to be due. In the event the department fails to act within ninety (90) days, the claim, including interest based on local bank preferred rates, shall be deemed to have been allowed.
No award shall be allowed to any landowner who has not permitted hunting on his property during authorized hunting seasons. Any person failing to comply with any provision of this section is barred from making any claim against the department for damages. Any claimant aggrieved by the decision of the department may appeal to the commission within thirty (30) days after receipt of the decision of the department as provided by rules of practice and procedure promulgated by the commission. The commission shall review the department decision at its next meeting following receipt of notice of request for review. The commission shall review the investigative report of the department, and it may approve, modify or reverse the decision of the department.
(j)
In determining compensation for yearlings that are confirmed by the department to be damaged by a trophy game animal under this section, the department shall use a compensation formula of three and one
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half (3.5) multiplied by the value of yearlings to determine the award unless the department has through specific research developed an alternative compensation formula for yearlings for a specified area. As used in this subsection, "yearling" means domestic cattle that are not less than twelve (12) months of age but less than twenty
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four (24) months of age.
Section 2.
This act shall apply to claims made on or after July 1, 2023.
Section 3
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This act is effective July 1, 2023
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(END)
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HB0228