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S.F. No. 0027 |
Livestock board. |
Sponsored By: Joint Agriculture, State and Public Lands and Water Resources Interim Committee
AN ACT relating to the livestock board; modifying the appointment and control of the director of the livestock board; providing for supervision and control of deputy state veterinarians; making conforming changes; providing for and appeal process; and providing for an effective date.
12/14/2006 Bill Number Assigned
1/9/2007 S Received for Introduction
1/9/2007 S Introduced and Referred to S05
1/12/2007 S05 Recommended Amend and Do Pass
ROLL CALL
Ayes: Senator(s) Cooper, Geis, Johnson, Perkins and Vasey
Ayes 5 Nays 0 Excused 0 Absent 0 Conflicts 0
1/12/2007 S Placed on General File
Page 1-line 2 After "director" insert "of the livestock board".
Page 1-line 16 Strike "may" insert "shall".
Page 2-line 6 After "Wyoming" delete ";".
Page 2-line 7 After stricken "board;" insert "and who shall serve at the pleasure of the board;".
Page 2-line 10 Strike "The board, in".
Page 2-line 11 Strike "consultation" insert "Consult"; strike ", may appoint" insert "when appointing".
Page 2-line 15 Strike ":" insert ".".
Page 2-line 17 Strike "(A)".
Page 3-line 8 Strike "chief executive officer" insert "director".
Page 3-line 15 Strike "its chief executive officer" insert "the director".
Page 3-line 17 Strike "chief executive officer" insert "director".
Page 3-line 23 Strike "chief executive officer" insert "director".
Page 4-line 5 After "director" delete balance of line.
Page 4-line 6 Delete line through "board". GEIS, CHAIRMAN
Page 4-lines 5 and 6 Delete the Senate Standing Committee Amendment (SF0027SS001/A) to these lines. VASEY
1/15/2007 S Passed CoW
SF0027S2002/ADOPTED (CORRECTED COPY)
Page 1-line 4 After "changes;" insert "providing for an appeal process;".
Page 4-line 17 After "veterinarian" insert "; appeal".
Page 5-line 2 Delete all new language and insert "Any person aggrieved by an order or regulation made by the state veterinarian may appeal to the board. The order or regulation shall not be stayed pending the appeal unless the director determines that prompt implementation of the order or regulation is not needed to protect the public health, prevent the spread of animal disease or preserve the ability to market Wyoming livestock efficiently. The hearing shall be informal unless the aggrieved person requests a formal hearing to be conducted in accordance with the Wyoming Administrative Procedure Act. The final decision of an informal hearing shall be delivered to the aggrieved person in writing within ten (10) working days of the conclusion of the hearing. The board shall annul the order or regulation made by the state veterinarian if the board finds that:
(i) The aggrieved person was injured by the order or regulation; and
(ii) The state veterinarian lacked legal authority for the order or regulation; or
(iii) The order or regulation was not needed to:
(A) Protect the public health;
(B) Prevent the spread of animal disease;
(C) Preserve the ability to market Wyoming livestock efficiently; or
(D) Implement a specific requirement of Wyoming law.".
Page 5-lines 3 through 5. Delete. SCOTT
1/16/2007 S Passed 2nd Reading
1/17/2007 S Laid Back Without Prejudice
Delete the Scott Second Reading Amendment (SF0027S2002/AC) entirely and further amend as follows:
Page 1-line 4 After "changes;" insert "providing for an appeal process;".
Page 1-line 10 After "11‑19‑103(b)" insert "and by creating new subsections (g) and (h)".
Page 4-line 17 After "veterinarian" insert "; appeal; stay of action".
Page 5-after line 5 Insert:
"(g) Any order or other agency action under this chapter may be appealed to the board as follows:
(i) The appeal shall be requested within thirty (30) days of the order or action, except that a quarantine may be appealed at any time during the quarantine;
(ii) Unless otherwise requested in writing at the time of the appeal, the hearing shall be informal and the Wyoming Administrative Procedure Act shall not apply. In the event of a timely request, the hearing shall be conducted as a contested case in accordance with the Wyoming Administrative Procedure Act. In either case, the board shall render a final decision in writing within ten (10) working days of the conclusion of the hearing;
(iii) The board may alter, amend, annul or otherwise modify any order in the event the board finds:
(A) The aggrieved person was injured by the order or regulation; and
(B) The state veterinarian lacked legal authority for the order or regulation; or
(C) The order or regulation was not needed to:
(I) Protect the public health;
(II) Prevent the spread of animal disease;
(III) Preserve the ability to market Wyoming livestock efficiently; or
(IV) Implement a specific requirement of Wyoming law.
(iv) All decisions of the board are subject to judicial review under the Wyoming Administrative Procedure Act.
(h) No order or other agency action under this chapter shall be stayed prior to final action of the board unless the director determines that immediate implementation of the order is not required to protect the public health, prevent the spread of animal disease or protect the ability to market Wyoming livestock safely. The decision of the director to stay shall be effective until issuance of the final decision by the board.". SCOTT, NICHOLAS
1/18/2007 S Passed 3rd Reading
ROLL CALL
Ayes: Senator(s) Anderson, J., Aullman, Barrasso, Burns, Case, Coe, Cooper, Decaria, Fecht, Geis, Hastert, Hines, Jennings, Job, Johnson, Larson, Massie, Meier, Mockler, Nicholas, Perkins, Peterson, Ross, Schiffer, Scott, Sessions, Townsend, Vasey and Von Flatern
Excused: Senator(s) Peck
Ayes 29 Nays 0 Excused 1 Absent 0 Conflicts 0
1/23/2007 H Received for Introduction
2/2/2007 H Introduced and Referred to H05
2/8/2007 H05 Recommended Amend and Do Pass
ROLL CALL
Ayes: Representative(s) Blake, Edmonds, Samuelson, Semlek, Teeters, Wallis and Zwonitzer, Dn.
Nays: Representative(s) Brechtel and Diercks
Ayes 7 Nays 2 Excused 0 Absent 0 Conflicts 0
2/8/2007 H Placed on General File
SF0027HS001/ADOPTED (TO ENGROSSED COPY)
Page 5-line 10 Delete "agency".
Page 5-line 11 After "appealed" insert "by the owner, or the agent of the owner, of the animals affected".
Page 5-line 18 After "(ii)" delete balance of the line and insert "An informal hearing may initially be requested. A formal hearing may subsequently be requested and".
Page 5-lines 19 through 21 Delete entirely.
Page 6-line 1 Delete "In".
Page 6-line 2 Delete "either case,".
Page 7-lines 11 through 19 Delete entirely and insert:
"(h) In the event of a foreign animal disease outbreak, an act of animal agro-terrorism or other animal health emergency, the state veterinarian shall have all of the resources of the livestock board at his disposal. When such an event occurs, the state veterinarian shall immediately notify the governor and shall advise him as to any additional resources which may be needed to address the emergency.". SAMUELSON, CHAIRMAN
2/12/2007 H Passed CoW
SF0027H2001/ADOPTED (TO ENGROSSED COPY)
Page 2-line 14 Delete "appointing" insert "the state veterinarian appoints".
Page 5-line 11 In the standing committee amendment (SF0027HS001/AE) to this line, after "affected" insert "or by any aggrieved governmental entity". OLSEN
2/13/2007 H Passed 2nd Reading
2/14/2007 H Passed 3rd Reading
ROLL CALL
Ayes: Representative(s) Alden, Anderson, R., Bagby, Berger, Blake, Brown, Buchanan, Childers, Cohee, Craft, Davison, Dockstader, Edmonds, Edwards, Esquibel, F., Esquibel, K., Gentile, Gilmore, Gingery, Goggles, Hallinan, Hammons, Harshman, Harvey, Iekel, Illoway, Jaggi, Jones, Jorgensen, Landon, Lockhart, Lubnau, Madden, Martin, McOmie, Mercer, Meyer, Miller, Millin, Olsen, Petersen, Philp, Quarberg, Samuelson, Semlek, Shepperson, Simpson, Slater, Steward, Teeters, Thompson, Throne, Wallis, Walsh, Warren, White, Zwonitzer, Dn. and Zwonitzer, Dv.
Nays: Representative(s) Brechtel and Diercks
Ayes 58 Nays 2 Excused 0 Absent 0 Conflicts 0
2/14/2007 S Did Not Concur
ROLL CALL
Nays: Senator(s) Anderson, J., Aullman, Barrasso, Burns, Case, Coe, Cooper, Decaria, Fecht, Geis, Hastert, Hines, Jennings, Job, Johnson, Larson, Massie, Meier, Mockler, Nicholas, Perkins, Peterson, Ross, Schiffer, Scott, Sessions, Townsend, Vasey and Von Flatern
Excused: Senator(s) Peck
Ayes 0 Nays 29 Excused 1 Absent 0 Conflicts 0
2/15/2007 S Appointed JCC01 Members
Senator(s) Geis, Johnson and Vasey
2/16/2007 H Appointed JCC01 Members
Representative(s) Samuelson, Diercks and Semlek
2/22/2007 S Adopted SF0027JC01
ROLL CALL
Ayes: Senator(s) Anderson, J., Aullman, Barrasso, Burns, Case, Coe, Cooper, Decaria, Fecht, Geis, Hastert, Hines, Jennings, Job, Johnson, Massie, Meier, Mockler, Nicholas, Perkins, Peterson, Ross, Schiffer, Scott, Sessions, Townsend, Vasey and Von Flatern
Excused: Senator(s) Larson and Peck
Ayes 28 Nays 0 Excused 2 Absent 0 Conflicts 0
2/23/2007 H Adopted SF0027JC01
Ayes: Representative(s) Alden, Anderson, R., Bagby, Berger, Blake, Brechtel, Brown, Buchanan, Childers, Cohee, Craft, Davison, Diercks, Dockstader, Edmonds, Edwards, Esquibel, F., Esquibel, K., Gentile, Gilmore, Gingery, Goggles, Hammons, Harshman, Harvey, Iekel, Illoway, Jaggi, Jones, Jorgensen, Landon, Lockhart, Lubnau, Madden, Martin, McOmie, Mercer, Meyer, Miller, Millin, Olsen, Petersen, Philp, Quarberg, Samuelson, Semlek, Shepperson, Simpson, Slater, Steward, Teeters, Thompson, Throne, Wallis, Walsh, Warren, White, Zwonitzer, Dn. and Zwonitzer, Dv.
Excused: Representative(s) Hallinan
Ayes 59 Nays 0 Excused 1 Absent 0 Conflicts 0
SF0027JC01/AA ADOPTED (TO ENGROSSED COPY)
Adopt the following House amendments:
SF0027H2001/AE
SF0027HS001/AE
2/23/2007 Assigned Number SEA No. 0068
2/26/2007 S President Signed SEA No. 0068
2/27/2007 H Speaker Signed SEA No. 0068
3/4/2007 Governor Signed SEA No. 0068
3/4/2007 Assigned Chapter Number
Chapter No. 0191 Session Laws of Wyoming 2007.