HB0012 - Brand laws-amendments.
2001 |
State of Wyoming |
01LSO-0032 |
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,
10 11-20-203(a), 11-20-211, 11-20-212, 11-20-223(a) and (b)
11 and 11-20-225(a) are amended to read:
12
13 11-1-103. Penalty for violations.
14
15 A person who violates any of
the following sections commits
16 a misdemeanor punishable by imprisonment for not more
than
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1 six (6) months, a fine
of not less than fifty dollars
2 ($50.00) or more than seven hundred fifty
dollars
3 ($750.00), or both for the first offense, or by
4 imprisonment for not more than one (1) year, a
fine of not
5 less than seven hundred seventy-five dollars
($775.00) or
6 more than one thousand five hundred dollars
($1,500.00), or
7 both for second or subsequent offenses: W.S.
11-6-210(a) or
8 (f), 11-18-112, 11-19-101, 11-19-102, 11-19-111,
11-19-401,
9 11-20-114,
11-20-117, 11-20-229, 11-21-104, 11-22-118,
10 11-23-106, 11-23-207, 11-24-106 and 11-30-114.
11
12
11-20-114. Use of unrecorded or
abandoned brand
13 prohibited;
failure to record deemed abandonment.
14
15
(a) No person shall claim, or own or use any brand
16 which has not been recorded in the office of the
Wyoming
17 livestock board. Failure to record a brand is an
18 abandonment of the same. No person shall claim or use
any
19 abandoned brand until after he has caused the same to
be
20 recorded as required by law.
21
22
(b) Any person violating
subsection (a) of this
23 section shall be punished as provided by W.S. 11-1-103.
24
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
18 rerecording period, the
method of renewal and the renewal
19 fee shall be established by the board but shall not
exceed
20 the fee established by W.S. 11-20-116 and the term
shall
21 not exceed the term established by this section. The board
22 shall
promulgate rules and regulations necessary to carry
23 out the
provisions of this section.
24
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1
(c) After the rerecording periods established by the
2 board under subsection (b) of this section,
every owner of
3 a brand shall rerecord the brand every ten (10) years as
4 specified
by the board and shall pay the renewal fee
5 specified by W.S. 11-20-116.
6
7
11-20-203. Inspection of brands at
time of delivery
8
or removal from county; certificate required; lack thereof.
9
10
(a) Except as hereafter provided, it is unlawful for
11 any person, firm, partnership, corporation, or
association
12 to sell, and deliver, or to remove or cause to be removed
13 in any way from any county in Wyoming to any other
county,
14 state or country, any livestock unless each animal
has been
15 inspected for brands and ownership at the time of
delivery
16 or removal by an authorized Wyoming brand inspector
and a
17 proper certificate of inspection or clearance has
been
18 issued.
19
20
11-20-211. When inspection not
required; contiguous
21 range.
22
23 No inspection for brands and ownership is
required for
24 livestock being moved to their accustomed range which
is on
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1 both sides of but contiguous to any
county or state line,
2 for the purpose of pasturing or feeding same the livestock.
3 In order to be exempt
from brand inspection, the livestock
4 shall be
moved across the contiguous portions of the
5 contiguous
range. The word "contiguous" means actually
6 touching, bordering or abutting upon, and this
section
7 shall not be construed to exempt from inspection
livestock
8 whose accustomed range is near or in close
proximity but
9 not contiguous to a state or county line.
10
11 11-20-212. Intrastate accustomed range permits.
12
13 If there are no written complaints from three
(3) or more
14 bona fide owners of livestock to the board, an
inspector
15 may issue intrastate accustomed range permits for the
16 movement of livestock from an accustomed range or
ranch in
17 one (1) county to a noncontiguous accustomed range or
18 ranch, in another county, if the movement is for
pasturing,
19 ranging or feeding the livestock and there is no
change of
20 ownership. An accustomed range or ranch means a range
or
21 ranch which is has been used for not
less than two (2) or
22 more consecutive years for such purposes. Intrastate
23 accustomed range permits under this section shall be
issued
24 only to bona fide owners of ranch lands within the
county
Page 5
1 or to legal residents of the state, or
to the authorized
2 agents of the owners or legal residents. Shareholders of a
3 grazing
association leasing public land shall not be
4 considered
to be bona fide owners of ranch lands under this
5 section.
Each permit shall be good for the calendar year in
6 which it is issued unless sooner revoked for
cause by the
7 agency. The fee imposed by W.S. 11-20-402
shall be
8 collected at the time of issuance of the permit.
Permits
9 shall be nontransferable. Each permit shall be
made in
10 triplicate. The original shall be given to the
permittee,
11 one (1) copy shall be retained by the inspector and
one (1)
12 copy shall be forwarded to and placed on file in the
office
13 of the agency. To be valid, each permit shall be
authorized
14 by the board, signed by an inspector, and
countersigned by
15 the permit-holder or his authorized agent. The permit
shall
16 be in the possession of the person in charge of any
17 livestock being transported, trailed or driven, and
shall
18 be shown upon request to any person authorized to
enforce
19 the brand inspection laws. In applying for and
accepting
20 the permit the permit-holder shall agree that due
care will
21 be taken to avoid including estray animals with any
22 livestock removed from the county and that any
estrays
23 removed from their natural home range will be
returned to
24 the rightful owners. Any bona fide livestock owner or
his
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1 agent may request that the livestock be
inspected for
2 brands and ownership prior to any shipment under
the
3 permit, and if requested, the livestock shall be
inspected
4 without any additional charge. If a change
of ownership
5 occurs before the livestock are returned to the
county of
6 origination of the intrastate accustomed range
permit, the
7 owner shall notify a brand inspector for an
inspection of
8 the livestock and shall pay all fees imposed
under W.S.
9 11-6-210 and 11-20-401 with credit granted for
any fee
10 imposed for the form authorized by this
section. Failure
11 to comply with this provision is cause for revocation
of
12 the permit.
13
14
11-20-223. Movement to accustomed
range in another
15 state;
permit; conditions; qualifications; fees; rules.
16
17
(a) The permits under this section shall only be
18 issued to bona fide owners of ranch lands within the
county
19 or to legal residents of the state, or to the
authorized
20 agents of such owners or legal residents. Shareholders of a
21 grazing
association leasing public land shall not be
22 considered to
be bona fide owners of ranch lands under this
23 section.
If any owner of livestock or his agent is moving
24 the animals to an accustomed range in another state,
there
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1 is no change of
ownership and the movement is not
2 permissible under W.S. 11-20-209, the owner
shall apply to
3 the board for brand inspection on the basis of
an
4 accustomed range permit. If there are no written complaints
5 from three
(3) or more bona fide owners of livestock to the
6 board, and
if the board determines that the place to which
7 the livestock are to be moved is an accustomed
range of at
8 least two (2) years and there is no change of
ownership,
9 the board may issue to the owner or his agent an
interstate
10 accustomed range permit authorizing a brand inspector
to
11 inspect the animals and collect the fee imposed by
W.S.
12 11-20-402. The interstate accustomed range
permit shall
13 specify the number of animals, place of origin and
the
14 destination of all animals to be moved and evidence
of
15 ownership. No person shall move animals under an
interstate
16 accustomed range permit unless advance notice of the
17 proposed movement has been made to an authorized
brand
18 inspector and an inspection for brands and ownership
is
19 performed. The predator control fee on
livestock present
20 in this state for not less than thirty (30) days and
not
21 more than one hundred eighty (180) days shall be
one-half
22 (1/2) of the fees imposed pursuant to W.S. 11-6-210.
All
23 livestock present in this state one hundred eighty
(180)
24 days or more shall pay the full fee imposed pursuant
to
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1 W.S. 11-6-210. The
owner of livestock moved under the
2 permit shall attest in writing that the
livestock will be
3 returned to this state prior to a change in
ownership. If a
4 change of ownership occurs before the livestock
are
5 returned to this state, the owner shall notify
the brand
6 inspector who performed the inspection and shall
pay all
7 fees imposed under W.S. 11-6-210 and 11-20-401
with credit
8 granted for any fee imposed by W.S.
11-20-402(a)(viii).
9 Failure to comply with this subsection shall be
grounds for
10 revocation of the permit pursuant to subsection (b)
of this
11 section. The permit shall be issued for the calendar
year.
12
13
(b) An interstate accustomed range permit may be
14 denied, suspended
or revoked by the board after proper a
15 hearing as provided by the Wyoming Administrative
Procedure
16 Act and a finding that the person to whom the permit
is
17 granted has violated any of the brand inspection laws
or
18 any provision of this section.
19
20
11-20-225. Annual horse brand
inspection certificate;
21 surrender
to board; fee.
22
23
(a) The owner of a horse or
livestock used for rodeo,
24 show, racing, pleasure or farm or ranch work in
Wyoming
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1 which is permanently and individually identified
may obtain
2 an annual brand inspection certificate,
authorizing
3 movement from county to county within Wyoming,
valid for
4 one (1) year from date of issuance unless sooner
terminated
5 by a change in ownership of the horse described
therein.
6 Upon any change of ownership the certificate is
void and
7 must be immediately surrendered to the board.
8
9
Section 2. W.S. 11-20-124 and
11-20-225(b) are
10 repealed.
11
12 Section 3. This act is effective July 1, 2001.
13
14 (END)
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