WYOMING
BRAND LAWS
WYOMING
STATUTES
TITLE
11. Agriculture, Livestock and Other Animals
CHAPTER
20. Brands
ARTICLE
1. Branding and Ranging
11-20-101 Definitions.
(a) As used in this
act:
(i)
"Agency" means the corporation, if any, designated by the board as
its authorized representative to carry out the functions to be performed by the
board and if there is no such agency, then it means the board;
(ii)
"Board" means the Wyoming livestock board;
(iii)
"Inspectors" means those persons appointed by the agency to execute
the duties prescribed by law, rules, regulations and orders for the protection
of the livestock industry in Wyoming;
(iv)
"Livestock" means cattle, horses, mules, asses and sheep. The board
acting in conjunction with the game and fish commission may designate
individual bison or identifiable herds of bison as wildlife;
(v) "Stock
drover" means any person driving livestock through any county in Wyoming;
(vi) "Stock
owner" means any person who owns livestock;
(vii) "This
act" means W.S. 11-19-101 through 11-19-506, 11-20-101 through 11-24-115
and 11-30-101 through 11-30-112;
(viii)
"Brand" means a brand, mark or other board approved means of
identification including any electronic device used for livestock
identification.
11-20-102 Stock running at large to be branded.
Every stock owner
allowing his livestock over six (6) months old to run at large or mingle with
livestock other than his own, shall brand his livestock with his recorded
brand.
11-20-103 Brands; application; contents; recording
fees; disposition thereof.
(a) Any person
desiring to adopt any brand to be used to brand livestock in this state, shall
before using the brand make application to the Wyoming livestock board. The
application shall:
(i) Contain a
facsimile or a description of the brand;
(ii) State the
species of livestock for which the brand is to be used;
(iii) State the
place on the animal where the brand will be applied, and whether it is to be
applied with hot iron, paint, tattoo or other means;
(iv) Repealed by
Laws 1996, ch. 25, s 2.
(b) The application
shall be accompanied by a recording fee of one hundred dollars ($100.00) for
the first species of livestock and fifty dollars ($50.00) for each additional
species of livestock for which the brand is to be used. A certified copy of the
recorded brand shall be given to the owner. All fees collected shall be
deposited into the account created by W.S. 11-20-405.
11-20-104 Brands; recording generally.
Upon receipt of the
application and fee the brand shall be recorded in the state brand record. If
the brand has been previously recorded the executive officer of the board shall
suggest a brand that can be recorded. The executive officer of the board shall
not record any brand which in his opinion would conflict with any brand of
record.
11-20-105 Brands; extension to other species.
If a recorded brand
is used exclusively for the identification of a particular species of
livestock, the executive officer of the board may record the identical brand in
the name of another person to identify his ownership of a species of livestock
other than the species for which the brand is presently recorded.
11-20-106 Brands; sheep; districts created; recording
thereof.
To increase the
quantity of brands which can be effectively used for the identification of
sheep, the executive officer of the board may, with the advice of the executive
committee of the Wyoming wool growers association, promulgate and enforce rules
and regulations necessary to divide the land area of Wyoming into districts.
The districts shall be made a part of such brands and recorded in the state
record as further identification of sheep.
11-20-107 Brands; records kept by board; inspection
thereof.
The board shall keep
an accurate record of all certified livestock brands, the names of the owners
and their post office addresses, which shall be open to public inspection.
11-20-108 Recorded brand; certified copy deemed prima
facie evidence of ownership.
A certified copy of
any brand recorded in the office of the board is prima facie evidence of
ownership of animals branded therewith for that species of livestock recorded
by the board. The brand shall be received as evidence of ownership in all legal
proceedings involving title to the animal.
11-20-109 Recorded brand; considered as property;
subject to sale; written instrument required; acknowledgment and recording.
Any brand recorded
as required by law is the property of the person in whose name it is recorded,
and is subject to sale, assignment, transfer, devise and descent as personal
property. Instruments of writing evidencing sale, assignment or transfer shall be
acknowledged and recorded in the office of the board. Acknowledgment and
recording of such instruments have the same effect as to third parties as the
acknowledgment and recording of instruments affecting real estate.
11-20-110 Recorded brand; bill of sale; when title
vests.
Any recorded brand
may be conveyed to another by a bill of sale executed by the vendor, properly
acknowledged, but the conveyance is not complete nor does title to the brand
vest in the vendee until the bill of sale is filed for record in the office of
the board.
11-20-111 State brand book; contents.
The executive
officer of the board shall procure a suitable book, to be known as the state
brand book, in which shall be recorded the brand and the definite place of the
brand upon the animal, used for the branding of livestock in this state.
11-20-112 Brand book; publication; form and contents;
distribution of copies; monthly lists and biennial supplements; costs;
disposition of proceeds.
The board shall
publish a brand book containing facsimiles or descriptions of all brands
recorded in Wyoming together with the owner's name and address. The names and
brands shall be arranged in the most convenient form for reference. Copies of
the brand book and copies of subsequent supplements shall be given to the
agency. At the end of each month, the board shall prepare lists of the brands
recorded during that month and shall issue biennial supplements to the brand
book which shall supersede and cumulate the monthly lists issued during the
biennium. The board may publish and sell brand books, lists and supplements.
The proceeds from the sales shall be deposited in the account created by W.S.
11-20-405.
11-20-113 County clerk prohibited from recording
brands.
It is unlawful for
any county clerk in this state to record any brand or bill of sale of any
brand.
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.
(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, every 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, 2005, every owner of a brand shall rerecord the brand. The term of
the rerecording period shall not exceed the term established by this section
and the method of renewal shall be established by the board. 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.
(c) After the
rerecording periods established by the board under subsection (b) of this
section, every owner of a brand shall rerecord the brand every ten (10) years
and shall pay the renewal fee specified by W.S. 11-20-116.
11-20-116 Fees for renewal, transfer of ownership or
alteration of brand; recording bill of sale deemed renewal.
(a) For renewing any
brand previously recorded and issuing a certificate of renewal, the board shall
charge eighty dollars ($80.00). The fee shall cover any additional species of
livestock for which the brand was previously recorded.
(b) For recording a
bill of sale or other instrument transferring ownership of a recorded brand and
issuing a certificate of transfer, fifty dollars ($50.00) shall be charged for
each recorded brand.
(c) The recording of
a bill of sale or other instrument transferring ownership of a recorded brand
during any renewal period shall not serve as a renewal of the brand. Transfer
of ownership and renewal of a brand are separate transactions, for each of which
the appropriate fee will be collected.
(d) Repealed by Laws
1996, ch. 25, s 2.
(e) The fees
collected pursuant to this section shall be deposited in the account created by
W.S. 11-20-405.
11-20-117 Unrecorded duplicate brands prohibited;
penalties.
(a) It is unlawful
for any person in Wyoming to identify livestock with a brand not recorded in
his name when the brand is a duplicate of or in conflict with any brand
lawfully recorded in Wyoming for the same species of livestock.
(b) Anyone violating
subsection (a) of this section shall be punished as provided in W.S. 11-1-103.
11-20-118 Drover's stock; to be kept separate.
Every stock drover
shall keep his livestock separate and distinct from other livestock, and if his
livestock becomes mixed with other livestock the stock drover shall forthwith
separate the same.
11-20-119 Drover's stock; liability for injury to
property; exceptions.
Every stock drover
shall prevent his livestock from trespassing upon the property of another and
from damaging any irrigating ditch or public works. No drover or other person
who in good faith removes or attempts to remove livestock from any road, highway
or right-of-way is liable for any civil damages for acts or omissions in good
faith.
11-20-120 Driving cattle from home range.
It is unlawful for
any person to drive livestock away from its home range without authority from
the owner of the livestock.
11-20-121 Penalties for failure to comply with certain
provisions.
Any person violating
or failing to comply with the provisions of W.S. 11-20- 102, 11-20-110 or
11-20-118 through 11-20-120 shall be imprisoned in the county jail not
exceeding six (6) months, or fined not less than twenty-five dollars ($25.00)
or more than five hundred dollars ($500.00), or both.
CHAPTER
20. Brands
ARTICLE
2. Inspection for Brands and Ownership
11-20-201 Designation of contract services to
implement brand inspection laws; bond required; bond of inspectors; interstate
cooperative agreements.
(a) The board may
designate an agency or contract for services subject to rules and regulations
of the board, to exercise the rights, powers and duties provided by law with
respect to inspection of brands and ownership of the animals mentioned herein.
(b) The agency, or
the board may contract for inspectors as the board deems necessary to carry out
specified duties. The board may contract for inspectors through an individual
at-will contract. The board may contract to provide the inspector salary, mileage,
per diem and other necessary reimbursable expenses, membership in the state
employees' and officials' group insurance plan in accordance with W.S.
9-2-1022(a)(xi)(F)(IV) and 9-3-207, and the state retirement system in
accordance with W.S. 9-2-1022(a)(xi)(F)(IV) and 9-3- 412. The board shall be
authorized to establish mileage rates without regard to the limitations
provided in W.S. 9-3-103. During the time that inspectors are acting within the
scope of their duties on behalf or in service of the state in their official
capacity, inspectors are covered by the provisions of
the Wyoming
Governmental Claims Act, W.S. 1-39-101 through 1-39-120 [§§ 1- 39-101 through
1-39-121], and the state self-insurance program, W.S. 1- 41-101 through
1-41-111. It may assign inspectors inside or outside of this state as it deems
appropriate. A blanket bond or individual bonds shall be executed to the state
with good and sufficient surety in an amount determined by the board,
conditioned for the full and faithful performance and discharge of the
inspector's duties. The bond shall be approved by and filed in the office of
the board.
(c) The board may
enter into cooperative agreements wherever economically feasible with the
proper authorities of other states for the enforcement and implementation of
the Wyoming brand laws. Brand inspections performed in accordance with such a
cooperative agreement is a Wyoming brand inspection within the meaning of the
brand inspection laws of this state. For purposes of this subsection, the brand
inspection need not be performed by a Wyoming brand inspector.
11-20-202 Duties of board; enforcement of provisions.
(a) Inspections for
brands and ownership of livestock, wool, pelts, hides or carcasses shall be
made by the board or its designated agency. The board shall prepare and provide
all forms required for inspections and recording inspections for brands and ownership,
and any substitutes or facsimiles are invalid. The agency of the board shall
keep on file in its office copies of inspection certificates. The board shall
make rules and regulations governing inspections for brands and ownership as
necessary, consistent with the laws of Wyoming.
(b) The board shall
enforce the brand inspection provisions of this act. No agent of the board
exercising ordinary care and precaution in performing his duties is liable for
any damage or loss that may be incurred thereby.
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, firm, partnership, corporation, or association to sell, 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.
(b) Transporting
livestock across state lines without first having had such inspection and
having obtained such certificates is prima facie evidence of intent to avoid
inspection and to steal, take and carry away the animals and is punishable as
provided in W.S. 6-3-402.
11-20-204 Inspector not to inspect his own livestock;
penalty.
It is unlawful for
any inspector to issue a certificate of inspection covering livestock owned by
him or in which he has any financial interest, and any violation of this
provision is punishable as a misdemeanor.
11-20-205 Procedures generally; estrays.
(a) Except as
otherwise provided, before removing any livestock from any county of Wyoming,
the person selling or intending to cause removal shall notify the inspector of
the date of the intended removal and the time and place when and where the
required inspection for brands and ownership can be made. The inspection shall
be made within a reasonable time prior to shipment. The person in charge of the
livestock shall hold the livestock at the place designated until the livestock
have been inspected and an official certificate of inspection is issued. The
person in charge shall render the inspecting officer such assistance as is
practicable while the required inspection is being made.
(b) Upon being
notified of the intention of any person to remove from the county any livestock
when a prior inspection is required by law, the inspector notified shall go to
the place designated at the time agreed upon, and make an inspection for brands
and ownership of the livestock.
(c) The inspection
shall be made by daylight in such manner as to enable the inspecting officer to
make a thorough and efficient inspection. The inspector shall list by classes
the livestock, showing number of each class and all brands, together with the
names of owners of the brands, if known. The inspector may require from the
person in charge proof of ownership of the livestock to be removed from the
county, by brand record, bill of sale or the affidavits of at least two (2)
responsible citizens of the county who are not interested financially in the
animals. If ownership of any of the livestock is not claimed by the person
intending to remove them from the county, then written authorization from the
owner for such removal is required.
(d) Estrays, the
ownership of which is unknown, shall not be removed from the county except by
order of the inspector in accordance with W.S. 11-24-102.
11-20-206 Certificate of inspection generally;
distribution of copies; failure to exhibit; justification to hold vehicle and
livestock.
(a) Any inspector,
upon completing an inspection of livestock for brands and ownership, shall
record the inspection upon a form furnished by the Wyoming livestock board.
When completed and signed by him the form is a certificate of inspection
authorizing the removal from the county of the livestock listed. The inspector
shall deliver a copy of the certificate to the person in charge of the
livestock. If movement is to be by railroad, a copy of the inspection
certificate shall be delivered by the person in charge to the railroad agent to
be attached to the waybill. If movement is to be by truck, a copy of the
certificate shall be delivered by the person in charge of the animals to the
driver or person in charge of the truck or trucks, and shall be kept in the
latter's possession until the livestock are delivered at the final destination
as shown on the certificate of inspection, and shall be exhibited upon request
to any person authorized to enforce the brand inspection laws of this state.
(b) Failure or
refusal by the driver of any vehicle to exhibit a certificate of inspection or
a properly executed shipper's certificate and agreement or permit listing the
livestock being transported within the state, is justification for any
authorized person to hold the vehicle and the livestock, at the carrier's or
the shipper's expense, until the carrier establishes his right to transport the
livestock. If the carrier cannot establish his right to transport the livestock
within twelve (12) hours, the vehicle and livestock shall be impounded as
provided by W.S. 11-20-228, pending complete investigation and disposition as
provided by law.
11-20-208 Proof of prior ownership; penalties for
furnishing false proof.
(a) When the proof
of ownership inspection is used, inspectors shall require proof of ownership of
livestock upon change of ownership as provided by W.S. 11-20-203(a) and an
instrument evidencing such ownership shall be delivered by the shipper to the
inspector who shall attach it to the form and return it to the agency.
(b) The furnishing
of false proof of prior ownership is probable cause for investigation of a
felony offense being committed. All livestock involved shall be remanded to the
custody of the Wyoming livestock board pending the outcome of the investigation
and criminal charges, if any. Costs incurred for maintenance of the livestock
involved shall be paid by the person who furnished false proof of ownership.
Should the investigation show the only offense involved is furnishing false
proof of ownership, the person furnishing such false proof shall be fined not
less than two hundred dollars ($200.00) or more than seven hundred fifty
dollars ($750.00) or imprisoned for not more than six (6) months, or both.
11-20-209 When inspection not required.
No inspection for
brands and ownership is required for livestock originating in another state,
territory or country and being transported through Wyoming by common carrier or
contract carrier in interstate commerce, without leaving the custody of the carrier.
11-20-210 When inspection not required; certain
importations; compliance with health and quarantine regulations required.
Subject to
conditions set forth in this section, no inspection for brands and ownership is
required of livestock being imported into Wyoming if the livestock are
transported or driven directly from point of entry into Wyoming to a
destination within Wyoming and the person in charge of, or having custody of
the livestock has in his possession written authority to transport or drive the
livestock from the state, territory or country of origin to a destination in
Wyoming and written evidence that all health and quarantine regulations of
Wyoming have been complied with. Such written evidence shall be shown upon
request to any officer authorized to enforce the brand inspection laws.
11-20-211 When inspection not required; contiguous
range.
No inspection for
brands and ownership is required for livestock being moved to their accustomed
range which is on both sides of but contiguous to any county or state line, for
the purpose of pasturing or feeding same. The word "contiguous" means
actually touching, bordering or abutting upon, and this section shall not be
construed to exempt from inspection livestock whose accustomed range is near or
in close proximity but not contiguous to a state or county line.
11-20-212 In-state range movement permits.
(a) The board may
issue an in-state range movement permit for the movement of livestock from a
location in Wyoming to a noncontiguous location in another county provided the
applicant and the ranch meet the requirements of this subsection and criteria
established by rules of the board. An in-state range movement of livestock
within a ten (10) mile radius from a location in Wyoming shall not be required
to obtain a permit under this section unless the movement is for the purpose of
changing ownership of livestock. The movement shall be for the purpose of
pasturing, grazing, feeding the livestock, veterinary care, commercial lease or
use or other board approved movement that is considered necessary for normal
ranch management operating conditions. The movement shall not be for the
purpose of changing ownership. A permit under this section may be issued only
to bona fide owners or Wyoming resident lessees of qualified ranch lands
headquartered within Wyoming or their authorized employees. As used in this
section, a "qualified ranch" means a ranch that has been used for a
period of time or purpose specified by the board and which use can be verified
by brand inspection records. A permit may be denied by the board after a
finding that the person applying for a permit has violated a brand inspection
law, including a provision of this section or a board rule or regulation.
(b) The fee imposed
by W.S. 11-20-402 shall be collected at the time of the issuance of the permit
under this section. If a change of ownership occurs before the livestock is
returned to the county of origin pursuant to a permit issued under this section,
the owner shall notify a brand inspector for an inspection of the livestock and
shall pay all fees imposed under W.S. 11-6- 210 and 11-20-401.
(c) Each permit
issued under this section shall be good for the calendar year in which it is
issued unless sooner revoked for cause by the board. Permits shall be
nontransferable. A permit may be suspended or revoked by the board after a
finding that the person to whom the permit is granted has violated a brand
inspection law, including a provision of this section or a board rule or
regulation. If there are written complaints from three (3) or more affected
parties to the board concerning the use of the permit, the board shall
investigate the complaints and take appropriate action.
(d) The board shall
promulgate rules and regulations necessary to carry out the provisions of this
section.
(e) Unless
specifically reauthorized by the legislature prior to July 1, 2005, rules and
regulations promulgated by the board pursuant to this section prior to July 1,
2005 shall on, and after, July 1, 2005 be void.
11-20-214 Brand inspector may inspect at his
discretion; voluntary inspections.
(a) A brand
inspector may inspect livestock being transported, trailed, pastured or
confined at his discretion, to determine ownership, without an inspection fee.
(b) Any person may
request an inspection for brands and ownership of livestock in his possession
at any time. The inspection fee prescribed by W.S. 11-20-401 shall be collected
by the brand inspector.
11-20-215 Shipment by railroad; written permission of
inspector required before moving; issuance; contents; copy to be filed with
inspector.
(a) With the
approval of an inspector and subject to conditions set forth in this section,
livestock intended for shipment by railroad may be transported or driven from
the county of origin to a railroad shipping point or stockyards without
inspection for brands and ownership at point of origin. If the shipment is then
consigned to an open market where Wyoming brand inspection is maintained, it
may go forward under a shipper's certificate and agreement, as provided in W.S.
11-20-218. If the shipment is consigned to some point where Wyoming brand
inspection is not maintained, the livestock, upon arrival at the railroad
shipping point or stockyards, must be inspected for brands and ownership by an
authorized inspector.
(b) Before moving
any livestock under the provisions of this section, the shipper or his
authorized agent shall secure from the inspector written permission. Permission
shall be made in duplicate on a form approved by the Wyoming livestock board
and shall specify the date when the livestock are to reach the railroad
shipping point or stockyards, the class and approximate number of each class of
animals, the brands and names of owners of the brands, if known, and the method
of transportation to be used. The permission must be signed by the issuing
officer.
(c) A copy of the
written permission shall be kept on file in the office of the inspector. The
original shall be given to the shipper or his agent to be kept in his
possession until the livestock have reached the railroad shipping point or
stockyards, and shall be shown upon request to any person authorized to enforce
the brand inspection laws.
11-20-216 Procurement, form, contents and validity of
truck-fleet shipment permit.
When a shipment of
livestock is to be made in more than one (1) truck and the entire shipment is
listed on one (1) certificate of inspection, or one (1) shipper's certificate
and agreement, or on any single permit required by law, the person in charge of
the shipment shall obtain a truck-fleet shipment permit. The board shall
prepare the form and contents of the permit. The permit is valid only for the
shipment specified and on the date or dates shown.
11-20-217 Certificates and agreements in lieu of
inspection; generally; shipper's demand for inspection; penalty.
(a) Subject to
conditions set forth in this section, no prior inspection for brands and
ownership is required of horses, mules, cattle or sheep being or about to be
transported to any open market where Wyoming brand inspection is maintained
whether within or outside Wyoming.
(b) In lieu of an
official inspection for brands and ownership, the person proposing to remove
livestock from any county of Wyoming to any such open market shall fill out and
sign a certificate on a form approved by the board. The form shall include an agreement
providing that the livestock listed on the certificate will not be diverted en
route from the destination shown unless and until an inspection for brands and
ownership has been made by an authorized Wyoming brand inspector, unless the
diversion is to an open market where Wyoming brand inspection is maintained or
where a brand inspection is made which substantially complies with the brand
inspection laws of this state pursuant to an agreement entered into under W.S.
11-20-201(c). It shall further provide that in case of diversion of all or any
part of the shipment the livestock diverted will be held at some convenient
place, separate and apart from other livestock, until inspected, and the
shipper will pay the necessary expenses incurred by the inspector and the legal
inspection fees. The board shall establish a fee to be charged for use of the
form authorized by this section. The fee for this form shall not exceed one
dollar ($1.00) per head. The form authorized by this section shall not be issued
until all fees required by W.S. 11-6-210 have been paid in full and may be
collected at the time the form is issued by the issuing party. A blanket bond
or individual bonds shall be executed to the state with good and sufficient
surety in an amount determined by the board, conditioned for the full and
faithful performance of any issuer of the forms and collecting of fees pursuant
to this section.
(c) Except on demand
of the shipper, the inspector is not required to inspect any horses, mules,
cattle or sheep, consigned directly to any open market where Wyoming brand
inspection is maintained. If the shipper demands a prior inspection, the
inspection shall be made and the legal inspection fee charged and collected.
Inspection at point of origin does not exempt the shipment from inspection for
brands and ownership, nor the shipper from payment of inspection fees at the
open market destination.
(d) The form
authorized by this section may be denied, suspended or revoked by the board
after proper hearing as provided by the Wyoming Administrative Procedure Act,
and a finding that the person to whom the permit is granted has violated any of
the brand inspection laws.
11-20-218 Certificates and agreements in lieu of
inspection; to whom copies furnished; numbering and accounting; purpose.
Copies of the
approved form for the certificate and agreement shall be furnished by the
Wyoming livestock board to agents of railroads operating in Wyoming and to
inspectors. The forms shall be serially numbered and each railroad agent and
inspector shall account for all forms issued to him. These forms shall be used
for no other purpose than to clear shipments of horses, mules, cattle or sheep
consigned to an open market where Wyoming brand inspection is maintained.
11-20-219 Certificates and agreements in lieu of
inspection; filing and distribution of copies.
(a) After a
certificate and agreement listing a shipment of horses, mules, cattle or sheep
to be transported by common or contract carrier has been filled out, signed and
witnessed, a copy shall accompany the shipment.
(b) A copy of the
certificate and agreement listing horses, mules, cattle or sheep to be
transported by private carrier shall be retained by the owner or his agent
until the animals have been delivered at the destination shown and shall then
be delivered by him to the Wyoming brand inspector at the destination.
(c) A copy of the
certificate and agreement listing horses, mules, cattle or sheep being
transported shall be shown upon request, to any person authorized to enforce
the brand inspection laws.
11-20-220 Diverted shipments; notice thereof.
Should any shipment
or any part of a shipment of horses, mules, cattle or sheep listed on a
certificate and agreement consigned to an open market be diverted en route from
the destination shown, the railroad, trucking firm, trucker or private carrier
transporting the shipment shall notify the Wyoming brand inspector at the
original destination and the agency that such diversion has been ordered and
made. The notice shall be sent within twenty-four (24) hours after diversion is
ordered. If the diversion is ordered and made before the shipment leaves
Wyoming, the required inspection for brands and ownership shall be made by any
Wyoming brand inspector. If the shipment has left Wyoming, the inspection shall
be made by a brand inspector having authority to inspect Wyoming livestock
outside the state.
11-20-221 Common carriers not to receive livestock for
transportation without certificate.
Except as otherwise
provided, it is unlawful for any railroad, trucker or other common or contract
carrier, or any person to receive for transportation or to transport any
horses, mules, cattle or sheep from any county in Wyoming to any other county,
state, territory or country, until furnished with an official certificate of
inspection, filled out and signed by an authorized inspector, showing the
horses, mules, cattle or sheep to be transported have been inspected for brands
and ownership.
11-20-224 Permanent brand inspection certificate;
application; surrender to board.
The owner of
livestock used for rodeo, show, racing, pleasure or Wyoming farm or ranch work
purposes may obtain a permanent brand inspection certificate authorizing
movement of the livestock intrastate or interstate, valid for the life of the
livestock or until a change of ownership takes place, upon approval of a proper
application in writing by an authorized Wyoming brand inspector. The
application shall contain, or be accompanied by, valid proof of ownership of
the livestock by the applicant, and shall state a thorough physical description
including all brands carried by the livestock and all distinguishing marks or
markings. The possession of a valid permanent brand inspection certificate
shall constitute prima facie evidence of ownership. Upon any change in
ownership, the owner shall transfer in writing the permanent brand inspection
certificate to the new owner who shall obtain an inspection within seven (7)
days of the transfer, or the certificate is void and shall be immediately
surrendered to the board.
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.
(b) Repealed by Laws
2001, ch. 26, § 2.
(c) For each permit
issued under this section there shall be charged an inspection fee established
by W.S. 11-20-402(a)(vi).
11-20-226 Certificates to be signed and in possession.
The inspection
certificate and movement permit issued pursuant to W.S. 11-20- 224 or 11-20-225
is not valid unless signed by an authorized representative of the board and by
the permit holder. The certificate must be in the possession of the person
transporting the horse and must be shown on request to any person authorized to
enforce the brand inspection laws. Each certificate shall be executed in
triplicate, one (1) copy to be forwarded by the inspector to the board, one (1)
copy to be retained by the inspector and the original to be retained by the
certificate holder.
11-20-227 Fraudulent use of inspection certificate and
movement permit; penalties.
Fraudulent use of an
inspection certificate and movement permit issued pursuant to W.S. 11-20-224 or
11-20-225 is punishable by a fine of not more than one hundred dollars
($100.00) or by imprisonment for not more than thirty (30) days, or both. The
fraudulent use of an inspection certificate and movement permit issued pursuant
to W.S. 11-20-224 or 11-20-225 is probable cause to investigate the commission
of a felony, and the provisions of W.S. 11- 20-228 may be invoked pending the
outcome of the investigation and court proceedings, if any.
11-20-228 Impounding of vehicles; lien.
Any vehicle used in
the transportation of livestock in violation of this act may be impounded
pending determination of the violation by a court. Upon conviction of the owner
of the vehicle, or the owner of the livestock being transported, any expense
incurred by an authorized officer for towing the vehicle or for feed and care
of the livestock is a lien upon the vehicle or livestock until the expenses are
paid in full.
11-20-229 Penalties for violation of certain
provisions.
Any violation of the
provisions of W.S. 11-20-202 through 11-20-226 for which there is no specific
penalty prescribed is punishable as provided in W.S. 11-1- 103.
CODE
OF WYOMING RULES
AGENCY
051. LIVESTOCK BOARD
SUB-AGENCY
000. GENERAL
CHAPTER
009. BRAND INSPECTION FEE RULES AND REGULATIONS
WCWR 051-000-009 § 1 (1996)
Section 1.
Authority.
Pursuant to the
authority vested in the Wyoming Livestock Board by virtue of W.S. 11-18-103(v),
W.S. 11-20-201 through W.S. 11-20-229 and W.S. 11-20-401 through W.S. 11-20-408
the following rules and regulations are hereby promulgated.
WCWR 051-000-009 § 2 (1996)
Section 2. Purpose.
The purpose of these
rules is to define the terms and procedures for implementing the sections of
House Enrolled Act 47 effective July 1, 1990, and House Bill 81 effective July
1, 1994, House Bill 243 effective February 27, 1995 and House Bill 258 efective
February 24, 1995 which pertain to establishing fees to fund brand inspection
and predator control. These rules specifically do not address state and
district predator boards which are addressed in county rules.
WCWR 051-000-009 § 3 (1996)
Section 3.
Definitions.
For the purposes of
implementing the brand inspection program, the definitions in WS § 11-20-101
and the following definitions are applicable:
(a) Bona Fide
Owner--one who possesses a bill of sale, a sale barn receipt of ownership, a
brand evidencing ownership, or other proof of ownership for livestock.
(b) Bona Fide
Wyoming Resident--a United States citizen who has been a resident of Wyoming
and domiciled in Wyoming for not less than one (1) year and who has not claimed
residency elsewhere for any purpose during that one (1) year period. Having a
Wyoming mailing address shall not alone prove Wyoming residency.
"Resident" also includes any legal alien who has resided continuously
in Wyoming for at least one (1) year.
(c) Commercial
Feedlot--a confined dry lot area for feeding of cattle, bison, or sheep on
concentrated feed with no facilities for pasturing or grazing.
(d) Board --The
Wyoming Livestock Board; State Agency 051.
(e) Brand Inspection
Forms--
A Form--A document
created by the Board and used for intrastate and/or interstate movement of
livestock; also issued when a change of ownership occurs. The blue copy of this
form is considered title to the livestock as described on the form.
B Form--A document
created by the Board and issued at licensed Wyoming livestock markets as title
and clearance to destination. The blue copy of this form is considered title to
the livestock as described on the form.
D Form--A document
created by the Board and issued for intrastate and interstate movement of
hides.
G Form--A document
created by the Board and issued for the intrastate movement of livestock to a
Wyoming livestock market, and for interstate movement of cattle and horses to
South Dakota markets (Sturgis, St. Onge and Belle Fourche).
H Form--A document
created by the Board and issued for intrastate movement of work, show or rodeo
stock for one year from the date of issue.
L Form--A document
created by the Board and issued as a permanent or lifetime inspection to the
owner of livestock used for rodeo, show, racing, pleasure or Wyoming farm or
ranch work. The blue copy of this form is considered title to the livestock as
described on the form and is void upon change of ownership.
WCWR 051-000-009 § 4 (1996)
Section 4. Predatory
Animal Control Fees.
(a) Except for
out-of-state sheep and cattle consigned for immediate sale 9-1 in a licensed or
exempted market facility and out-of-state sheep and cattle entering a
commercial feedlot, the predatory animal control fee shall be:
(i) $.80 per head
for sheep, or as excepted in subsection (a).
(a) $.60 per head
for sheep in Albany, Big Horn, Campbell, Converse, Goshen, Laramie, Lincoln,
Park, Platte, Sweetwater and Washakie Counties.
(ii) $.20 per head
for cattle.
(b) The predator
control fee shall not be collected more than once every 12 months regardless of
ownership on any cattle or sheep inspected.
WCWR 051-000-009 § 5 (1996)
Section 5. Bonding.
(a) Any agent
empowered or directed to collect funds under WS § 11-6-210, WS § 11-20-201, WS
§ 11-20-203, WS § 11-20-212, WS § 11-20-217, WS § 11-20-222, WS § 11-20-223, WS
§ 11-20-224, WS § 11-20-225, WS § 11-20-401 and WS § 11-20-402, shall execute
to the state a blanket bond or individual bonds with good and sufficient surety
in an amount determined by the board.
WCWR 051-000-009 § 6 (1996)
Section 6. General
Brand Inspection Fee.
(a) Pursuant to WS §
11-20-401(a), the general brand inspection fee is:
(i) One dollar
($1.00) for all cattle inspected on A and B forms except those which qualify
for the G form authorized by WS § 11-20-217 and the accustomed range permits
authorized by WS § 11-20-212 and WS § 11-20- 223.
(ii) Twenty cents
($.20) per head on all sheep inspected on A and B forms except unbranded and
undocked lambs running with their mothers or as excepted in subsection (a).
(a) Sheep leaving a
commercial feedlot, which have already been brand inspected in the past 120
days, or for which out of state change of ownership can be documented in the
last 120 days, will be charged five cents ($.05) per
head.
(iii) Five dollars
($5.00) per head for the first ten head of horses inspected on the A and B
forms and one dollar ($1.00) for each additional horse inspected at the same
time and place.
(iv) Three dollars
($3.00) surcharge per inspection except when no mileage is incurred by the
brand inspector or the inspection is done at an approved licensed livestock
market.
(b) Pursuant to WS §
11-20-402(a), the general brand inspection fee is:
(i) Twelve dollars
($12.00) for each L Form issued pursuant to WS § 11-20- 224.
(ii) Five dollars
($5.00) per animal for each H Form for the first ten (10) head inspected and
one dollar ($1.00) for each additional head inspected pursuant to WS §
11-20-225.
(iii) Three dollars
($3.00) surcharge per inspection except when no mileage is incurred by the
brand inspector or the inspection is done at an approved licensed livestock
market.
WCWR 051-000-009 § 7 (1996)
Section 7.
Certificates and agreements in lieu of inspection.
(a) Pursuant to WS §
11-20-217, the fee is:
(i) Fifty cents
($.50) for cattle moving interstate to approved South Dakota livestock markets
(Sturgis, St. Onge and Belle Fourche).
(ii) Fifty cents
($.50) for horses moving interstate to approved South Dakota livestock markets
(Sturgis, St. Onge and Belle Fourche).
WCWR 051-000-009 § 8 (1996)
Section 8.
Accustomed Range Permits.
(a) Pursuant to WS §
11-20-212, the fee for an intrastate accustomed range permit is twenty five
dollars ($25.00).
(b) Pursuant to WS §
11-20-223 interstate accustomed range permit inspection fees are:
(i) Twenty five
cents ($.25) per head for cattle and horses greater than six months of age.
(ii) Five cents
($.05) per head for sheep greater than six months of age.
WCWR 051-000-009 § 9 (1996)
Section 9.
Revocation of Accustomed Range Permit.
(a) If a brand
inspector determines a permit holder is violating WS § 11- 20-212 (intrastate)
or WS § 11-20-223 (interstate) he may refer the matter to the Livestock Board
for a hearing on the possible revocation or suspension of the permit as
authorized in WS § 16-3-107 through WS § 16-3-115.
(b) If the Board
determines that the public health, safety or welfare imperatively requires
emergency action against the permit holder they may immediately revoke or
suspend the permit and proceed with a hearing authorized by WS § 16-3-107
through WS § 16-3-115.
Amended
in 1996, 2000, 2001, 2002.
Reviewed
by AAHS in July 2001.
Reviewed
and updated by AAHS in May 2003.
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