HB0012 - Brand laws-amendments.

 

2001

State of Wyoming

01LSO-0032

 

 

 

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,
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 

 

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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
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

 

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 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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