HB0012 - Brand laws-amendments.
2001 |
State of Wyoming |
01LSO-0032.E1 ENGROSSED |
HOUSE BILL NO. HB0012
Brand laws-amendments.
Sponsored by: Joint Agriculture, Public Lands and Water
Resources Interim Committee
A BILL
for
1 AN ACT relating to
brands; prohibiting the use of an
2
unrecorded brand; providing a penalty; requiring
3
rerecording of brands as specified; clarifying requirements
4
for brand inspection as specified; and providing for an
5
effective date.
6
7 Be It Enacted by the Legislature of the State of Wyoming:
8
9 Section
1. W.S. 11-1-103, 11-20-114, 11-20-115(a)and
10 (b), 11-20-203(a), and 11-20-225(a)
are amended to read:
11
12 11-1-103. Penalty for violations.
13
14 A person who violates any of the following
sections commits
15 a misdemeanor punishable by
imprisonment for not more than
16 six (6) months, a fine of not less
than fifty dollars
Page 1
1 ($50.00)
or more than seven hundred fifty dollars
2
($750.00), or both for the first offense, or by
3
imprisonment for not more than one (1) year, a fine of not
4
less than seven hundred seventy-five dollars ($775.00) or
5
more than one thousand five hundred dollars ($1,500.00), or
6
both for second or subsequent offenses: W.S. 11-6-210(a) or
7
(f), 11-18-112, 11-19-101, 11-19-102, 11-19-111, 11-19-401,
8
11-20-114, 11-20-117, 11-20-229,
11-21-104, 11-22-118,
9
11-23-106, 11-23-207, 11-24-106 and 11-30-114.
10
11 11-20-114. Use of unrecorded or
abandoned brand
12 prohibited; failure to record deemed
abandonment.
13
14 (a) No person
shall claim or own any brand which has
15 not been recorded in the office of
the Wyoming livestock
16 board. Failure to record a brand is
an abandonment of the
17 same. No person shall claim or use
any abandoned brand
18 until after he has caused the same
to be recorded as
19 required by law.
20
21 (b) Any person violating subsection (a) of this
22 section
shall be punished as provided by W.S. 11-1-103.
23
Page 2
1 11-20-115. Rerecording; when required;
notice;
2 abandonment.
3
4 (a) Except as provided by subsection (b) of this
5 section, every tenth year
after recording a brand, every
6
owner of a brand shall rerecord the brand, and failure to
7
do so is an abandonment of the brand. At least sixty (60)
8
days preceding the expiration date of the brand, the board
9
shall notify by mail, at the address shown on the brand
10 records, the party owning the brand
that the brand must be
11 rerecorded and if the brand has not
been rerecorded within
12 sixty (60) days from the expiration
date of the brand will
13 be declared abandoned and will be
allowed to other
14 applicants.
15
16 (b) Effective
January 1, 1995 2005, every owner of a
17 brand shall rerecord the brand. The
term of the rerecording
18 period and
the renewal fee shall not exceed the term
19 established by this section and the method of renewal
shall
20 be established by the board. but shall not exceed
the fee 21
established by W.S. 11-20-116 and the term shall not exceed 22
the term established by this section. The renewal fee shall
23 be as established by W.S. 11-20-116 and shall be prorated
24 by the board for any renewal less than ten (10) years. The
Page 3
1 board shall promulgate rules and regulations necessary to
2 carry out the provisions of this
section.
3
4 11-20-203. Inspection of brands at time
of delivery
5 or
removal from county; certificate required; lack thereof.
6
7 (a) Except as
hereafter provided, it is unlawful for
8
any person, firm, partnership, corporation, or association
9
to sell, and deliver, change
ownership or to remove or
10 cause to be removed in any way from
any county in Wyoming
11 to any other county, state or
country, any livestock unless
12 each animal has been inspected for
brands and ownership at
13 the time of delivery or removal by
an authorized Wyoming
14 brand inspector and a proper certificate
of inspection or
15 clearance has been issued.
16
17 11-20-225. Annual horse brand
inspection certificate;
18 surrender to board; fee.
19
20 (a) The owner
of a horse or livestock used for rodeo,
21 show, racing, pleasure or farm or
ranch work in Wyoming
22 which is
permanently and individually identified may obtain
23 an annual brand inspection
certificate, authorizing
24 movement from county to county
within Wyoming, valid for
Page 4
1 one
(1) year from date of issuance unless sooner terminated
2
by a change in ownership of the horse described therein.
3
Upon any change of ownership the certificate is void and
4
must be immediately surrendered to the board.
5
6 Section 2. W.S. 11-20-124
and 11-20-225(b) are
7
repealed.
8
9 Section 3. This act is effective July 1, 2001.
10
11 (END)
Page 5