HB0012 - Brand laws-amendments.

 

2001

State of Wyoming

01LSO-0032.E1

ENGROSSED

 

 

 

HOUSE BILL NO.  HB0012

 

 

Brand laws-amendments.

 

Sponsored by:

 

 

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

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 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 

 

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 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

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 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

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 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)

 

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