ORIGINAL HOUSE                                   ENGROSSED

BILL   NO.  0012

 

ENROLLED ACT NO. 14,  HOUSE OF REPRESENTATIVES

 

FIFTY-SIXTH LEGISLATURE OF THE STATE OF WYOMING

2001 GENERAL SESSION

 

 

 

 

AN ACT relating to brands; prohibiting the use of an
unrecorded brand; providing a penalty; requiring
rerecording of brands as specified; clarifying requirements
for brand inspection as specified; and providing for an
effective date.

 

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

 

Section 1.  W.S. 11-1-103, 11-20-114, 11-20-115(a)and
(b), 11-20-203(a), and 11-20-225(a) are amended to read:

 

11-1-103.  Penalty for violations.

 

A person who violates any of the following sections commits
a misdemeanor punishable by imprisonment for not more than
six (6) months, a fine of not less than fifty dollars
($50.00) or
more than seven hundred fifty dollars
($750.00), or both for the first offense, or by
imprisonment for not more than one (1) year, a fine of not
less than seven hundred seventy-five dollars ($775.00) or
more than one thousand five hundred dollars ($1,500.00), or
both for second or subsequent offenses: W.S. 11-6-210(a) or
(f), 11-18-112, 11-19-101, 11-19-102, 11-19-111, 11-19-401,
11-20-114, 11-20-117, 11-20-229, 11-21-104, 11-22-118,
11-23-106, 11-23-207, 11-24-106 and 11-30-114.

 

11-20-114.  Use of unrecorded or abandoned brand
prohibited; failure to record deemed abandonment.

 

(a)  No person shall claim or own any brand which has
not been recorded in the office of the Wyoming livestock
board. Failure to record a brand is an abandonment of the
same. No person shall claim or use any abandoned brand
until after he has caused the same to be recorded as
required by law.

 

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(b)  Any person violating subsection (a) of this
section shall be punished as provided by W.S. 11-1-103.

 

11-20-115.  Rerecording; when required; notice;
abandonment.

 

(a)  Except as provided by subsection (b) of this
section, e
very tenth year after recording a brand, every
owner of a brand shall rerecord the brand, and failure to
do so is an abandonment of the brand. At least sixty (60)
days preceding the expiration date of the brand, the board
shall notify by mail, at the address shown on the brand
records, the party owning the brand that the brand must be
rerecorded and if the brand has not been rerecorded within
sixty (60) days from the expiration date of the brand will
be declared abandoned and will be allowed to other
applicants.

 

(b)  Effective January 1, 1995 2005, every owner of a
brand shall rerecord the brand. The term of the rerecording
period and the renewal fee shall not exceed the term
established by this section and the method of renewal
shall
be established by the board. but shall not exceed the fee
established by W.S. 11-20-116 and the term shall not exceed
the term established by this section.
The renewal fee shall
be as established by W.S. 11-20-116 and shall be prorated
by the board for any renewal less than ten (10) years. The
board shall promulgate rules and regulations necessary to
carry out the provisions of this section.

 

11-20-203.  Inspection of brands at time of delivery
or removal from county; certificate required; lack thereof.

 

(a)  Except as hereafter provided or except as
provided in W.S. 11-20-224
, it is unlawful for any person,

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firm, partnership, corporation, or association to sell, and
deliver,
change ownership or to remove or cause to be
removed in any way from any county in Wyoming to any other
county, state or country, any livestock unless each animal
has been inspected for brands and ownership at the time of
delivery or removal by an authorized Wyoming brand
inspector and a proper certificate of inspection or
clearance has been issued.

 

11-20-225.  Annual horse brand inspection certificate;
surrender to board; fee.

 

(a)  The owner of a horse or livestock used for rodeo,
show, racing, pleasure or farm or ranch work in Wyoming
which is permanently and individually identified may obtain
an annual brand inspection certificate, authorizing
movement from county to county within Wyoming, valid for
one (1) year from date of issuance unless sooner terminated
by a change in ownership of the horse described therein.
Upon any change of ownership the certificate is void and
must be immediately surrendered to the board.

 

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Section 2.  W.S. 11-20-124 and 11-20-225(b) are
repealed.

 

Section 3.  This act is effective July 1, 2001.

 

(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

 

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