(i) "Agency" means the corporation, if any,designated by the board as its authorized representative to carry out thefunctions to be performed by the board and if there is no such agency, then itmeans the board;
(ii) "Board" means the Wyoming livestock board;
(iii) "Inspectors" means those persons appointed by theagency to execute the duties prescribed by law, rules, regulations and ordersfor the protection of the livestock industry in Wyoming;
(iv) "Livestock" means cattle, horses, mules, assesand sheep. The board acting in conjunction with the game and fish commissionmay designate individual bison or identifiable herds of bison as wildlife;
(v) "Stock drover" means any person driving livestockthrough any county in Wyoming;
(vi) "Stock owner" means any person who ownslivestock;
(vii) "This act" means W.S. 11-19-101 through11-19-506, 11-20-101 through 11-24-115 and 11-30-101 through 11-30-115;
(viii) "Brand" means a brand, mark or other boardapproved means of identification including any electronic device used forlivestock identification.
11-20-102. Stock running at large to be branded.
Every stock owner allowing his livestockover six (6) months old to run at large or mingle with livestock other than hisown, shall brand his livestock with his recorded brand.
(a) Any person desiring to adopt any brand to be used to brandlivestock in this state, shall before using the brand make application to theWyoming 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 beused;
(iii) State the place on the animal where the brand will beapplied, and whether it is to be applied with hot iron, paint, tattoo or othermeans;
(iv) Repealed By Laws 1996, ch. 25, 2.
(b) The application shall be accompanied by a recording fee ofnot less than one hundred fifty dollars ($150.00) for the first species oflivestock and not less than seventy-five dollars ($75.00) for each additionalspecies of livestock for which the brand is to be used. In the event a brandis not recorded, twenty-five percent (25%) of the recording fee shall beretained by the Wyoming livestock board and the balance of the fee shall berefunded to the applicant. A certified copy of the recorded brand shall begiven to the owner. All fees collected shall be deposited into the accountcreated by W.S. 11-20-405.
(c) Repealed By Laws 2010, Ch. 69, 204.
11-20-104. Brands; recording generally.
Uponreceipt of the application and fee the brand shall be recorded in the statebrand record. If the brand has been previously recorded the executive officerof the board shall suggest a brand that can be recorded. The executive officerof the board shall not record any brand which in his opinion would conflictwith any brand of record.
11-20-105. Brands; extension to other species.
If a recorded brand is used exclusively forthe identification of a particular species of livestock, the executive officerof the board may record the identical brand in the name of another person toidentify his ownership of a species of livestock other than the species forwhich the brand is presently recorded.
To increase the quantity of brands whichcan be effectively used for the identification of sheep, the executive officerof the board may, with the advice of the executive committee of the Wyomingwool growers association, promulgate and enforce rules and regulationsnecessary to divide the land area of Wyoming into districts. The districtsshall be made a part of such brands and recorded in the state record as furtheridentification of sheep.
11-20-107. Brands; records kept by board; inspection thereof.
The board shall keep an accurate record ofall certified livestock brands, the names of the owners and their post officeaddresses, which shall be open to public inspection.
11-20-108. Recorded brand; certified copy deemed prima facie evidenceof ownership.
A certified copy of any brand recorded inthe office of the board is prima facie evidence of ownership of animals brandedtherewith for that species of livestock recorded by the board. The brand shallbe received as evidence of ownership in all legal proceedings involving titleto the animal.
11-20-109. Recorded brand; considered as property; subject to sale;written instrument required; acknowledgment and recording.
Anybrand recorded as required by law is the property of the person in whose nameit is recorded, and is subject to sale, assignment, transfer, devise anddescent as personal property. Instruments of writing evidencing sale,assignment or transfer shall be acknowledged and recorded in the office of theboard. Acknowledgment and recording of such instruments have the same effect asto third parties as the acknowledgment and recording of instruments affectingreal estate.
11-20-110. Recorded brand; bill of sale; when title vests.
Anyrecorded brand may be conveyed to another by a bill of sale executed by thevendor, properly acknowledged, but the conveyance is not complete nor doestitle to the brand vest in the vendee until the bill of sale is filed forrecord in the office of the board.
11-20-111. State brand book; contents.
The executive officer of the board shallprocure a suitable book, to be known as the state brand book, in which shall berecorded the brand and the definite place of the brand upon the animal, usedfor the branding of livestock in this state.
11-20-112. Brand book; publication; form and contents; distribution ofcopies; monthly lists and biennial supplements; costs; disposition of proceeds.
Theboard shall publish a brand book containing facsimiles or descriptions of allbrands recorded in Wyoming together with the owner's name and address. Thenames 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 tothe agency. At the end of each month, the board shall prepare lists of thebrands recorded during that month and shall issue biennial supplements to thebrand book which shall supersede and cumulate the monthly lists issued duringthe biennium. The board may publish and sell brand books, lists andsupplements. The proceeds from the sales shall be deposited in the accountcreated by W.S. 11-20-405.
11-20-113. County clerk prohibited from recording brands.
It is unlawful for any county clerk in thisstate to record any brand or bill of sale of any brand.
11-20-114. Use of unrecorded or abandoned brand prohibited; failure torecord deemed abandonment.
(a) No person shall claim or own any brand which has not beenrecorded in the office of the Wyoming livestock board. Failure to record abrand is an abandonment of the same. No person shall claim or use any abandonedbrand until after he has caused the same to be recorded as required by law.
(b) Any person violating subsection (a) of this section shallbe 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, everytenth year after recording a brand, every owner of a brand shall rerecord thebrand, 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 bymail, at the address shown on the brand records, the party owning the brandthat the brand must be rerecorded and if the brand has not been rerecordedwithin sixty (60) days from the expiration date of the brand will be declaredabandoned and will be allowed to other applicants.
(b) Every owner of a brand shall rerecord the brand. The termof the rerecording period shall not exceed the term established by this sectionand the method of renewal shall be established by the board. The renewal feeshall be as established by W.S. 11-20-116 and shall be prorated by the boardfor any renewal less than ten (10) years. The board shall promulgate rules andregulations necessary to carry out the provisions of this section.
(c) After the rerecording periods established by the boardunder subsection (b) of this section, every owner of a brand shall rerecord thebrand 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 ofbrand; recording bill of sale deemed renewal.
(a) For renewing any brand previously recorded and issuing acertificate of renewal, the board shall charge not less than three hundreddollars ($300.00). The fee shall cover any additional species of livestock forwhich the brand was previously recorded.
(b) For recording a bill of sale or other instrumenttransferring ownership of a recorded brand and issuing a certificate oftransfer, not less than one hundred dollars ($100.00) shall be charged for eachrecorded brand.
(c) The recording of a bill of sale or other instrumenttransferring ownership of a recorded brand during any renewal period shall notserve as a renewal of the brand. Transfer of ownership and renewal of a brandare separate transactions, for each of which the appropriate fee will becollected.
(d) Repealed By Laws 1996, ch. 25, 2.
(e) The fees collected pursuant to this section shall bedeposited in the account created by W.S. 11-20-405.
(a) It is unlawful for any person in Wyoming to identifylivestock with a brand not recorded in his name when the brand is a duplicate ofor in conflict with any brand lawfully recorded in Wyoming for the same speciesof livestock.
(b) Anyone violating subsection (a) of this section shall bepunished as provided in W.S. 11-1-103.
11-20-118. Drover's stock; to be kept separate.
Every stock drover shall keep his livestockseparate and distinct from other livestock, and if his livestock becomes mixedwith 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 hislivestock from trespassing upon the property of another and from damaging anyirrigating ditch or public works. No drover or other person who in good faithremoves or attempts to remove livestock from any road, highway or right-of-wayis 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 drivelivestock away from its home range without authority from the owner of thelivestock.
11-20-121. Penalties for failure to comply with certain provisions.
Any person violating or failing to complywith the provisions of W.S. 11-20-102, 11-20-110 or 11-20-118 through 11-20-120shall be imprisoned in the county jail not exceeding six (6) months, or finednot less than twenty-five dollars ($25.00) or more than five hundred dollars($500.00), or both.
11-20-125. Use of a seasonal brand; application for an annual permit touse an out-of-state brand.
(a) A person may apply to the board for permission to use hisout-of-state brand on cattle, provided the brand is legally registered in thestate of origin. If a conflict is found with a registered Wyoming brand theboard, notwithstanding W.S. 11-20-104 and 11-20-117 and as established by ruleand regulation, may authorize use of the brand and require further identification.The permit shall be valid for a one hundred eighty (180) day period during thecalendar year. The permit is not transferable. The annual fee for the permitshall be the same as the fee for a new brand as prescribed in W.S. 11-20-103.The permit may be issued and renewed annually if the board finds therequirements of this section are met:
(i) The applicant shall agree to restrict a permittedout-of-state brand on calves born to cattle imported for grazing purposes,yearling, feeder or stocker cattle imported for feeding or grazing or cattleconsigned to a commercial feedlot. "Calves" for purposes of thissection means calves less than six (6) months old and running at their mother'ssides;
(ii) The applicant shall supply the brand inspector proof ofownership of the cattle at the time of brand inspection and shall show proofthat the out-of-state brand is currently registered either by brand card orbrand certificate from the state of issue; and
(iii) If the permit is issued, the permittee shall pay for allnecessary brand inspections as prescribed by law.
(b) If there are written complaints to the board from three (3)or more affected parties, the board shall investigate the complaints and takeappropriate action.
(c) The board may promulgate rules and regulations necessary tocarry out the provisions of this section.
ARTICLE 2 - INSPECTION FOR BRANDS
11-20-201. Designation of contract services to implement brandinspection laws; bond required; bond of inspectors; interstate cooperative agreements.
(a) The board may designate an agency or contract for servicessubject to rules and regulations of the board, to exercise the rights, powersand duties provided by law with respect to inspection of brands and ownershipof the animals mentioned herein.
(b) The agency, or the board may contract for inspectors as theboard deems necessary to carry out specified duties. The board may contract forinspectors through an individual at-will contract. The board may contract toprovide the inspector salary, mileage, per diem and other necessaryreimbursable expenses, membership in the state employees' and officials' groupinsurance plan in accordance with W.S. 9-2-1022(a)(xi)(F)(IV) and 9-3-207, andthe state retirement system in accordance with W.S. 9-2-1022(a)(xi)(F)(IV) and9-3-412. The board shall be authorized to establish mileage rates withoutregard to the limitations provided in W.S. 9-3-103. During the time thatinspectors are acting within the scope of their duties on behalf or in serviceof the state in their official capacity, inspectors are covered by theprovisions of the Wyoming Governmental Claims Act, W.S. 1-39-101 through1-39-120, 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 deemsappropriate. A blanket bond or individual bonds shall be executed to the statewith good and sufficient surety in an amount determined by the board,conditioned for the full and faithful performance and discharge of the inspector'sduties. The bond shall be approved by and filed in the office of the board.
(c) The board may enter into cooperative agreements wherevereconomically feasible with the proper authorities of other states for theenforcement and implementation of the Wyoming brand laws. Brand inspectionsperformed in accordance with such a cooperative agreement is a Wyoming brandinspection within the meaning of the brand inspection laws of this state. Forpurposes of this subsection, the brand inspection need not be performed by aWyoming 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 andrecording inspections for brands and ownership, and any substitutes orfacsimiles are invalid. The agency of the board shall keep on file in itsoffice copies of inspection certificates. The board shall make rules andregulations governing inspections for brands and ownership as necessary,consistent with the laws of Wyoming.
(b) The board shall enforce the brand inspection provisions ofthis act. No agent of the board exercising ordinary care and precaution inperforming his duties is liable for any damage or loss that may be incurredthereby.
11-20-203. Inspection of brands at time of delivery or removal;certificate required; lack thereof.
(a) Except as hereafter provided or except as provided in W.S.11-20-211, 11-20-224 and 11-20-230, it is unlawful for any person, firm,partnership, corporation, or association to sell, change ownership or to removeor cause to be removed in any way from any county in Wyoming to any other stateor country, any livestock unless each animal has been inspected for brands andownership at the time of delivery or removal by an authorized Wyoming brandinspector and a proper certificate of inspection or clearance has been issued.
(b) Transporting livestock across state lines without firsthaving had such inspection and having obtained such certificates is prima facieevidence of intent to avoid inspection and to steal, take and carry away theanimals and is punishable as provided in W.S. 6-3-402.
(c) Except as hereafter provided or except as provided in W.S.11-20-211, 11-20-217, 11-20-224 and 11-20-230, it is unlawful for any person,firm, partnership, corporation or association to remove or cause to be removedin any way from any county in Wyoming to any other county, any livestock unlesseach animal has been inspected for brands and ownership at the time of deliveryor removal by an authorized Wyoming brand inspector and a proper certificate ofinspection or clearance has been issued, except where the board has establishedbrand inspection zones for each species of livestock. Brand inspection zonesmay encompass an area based on multiple contiguous counties or the entirestate, as determined by the board. Brand inspection zones shall be reviewedand reauthorized annually by the board and shall be in effect for a calendaryear.
11-20-204. Inspector not to inspect his own livestock; penalty.
It is unlawful for any inspector to issue acertificate of inspection covering livestock owned by him or in which he hasany financial interest, and any violation of this provision is punishable as amisdemeanor.
11-20-205. Procedures generally; estrays.
(a) Except as otherwise provided, before selling, changingownership or removing any livestock from any county of Wyoming, the personselling, changing ownership or intending to cause removal shall notify theinspector of the date of the intended removal and the time and place when andwhere the required inspection for brands and ownership can be made. The inspectionshall be made within a reasonable time prior to shipment. The person in chargeof the livestock shall hold the livestock at the place designated until thelivestock have been inspected and an official certificate of inspection isissued. The person in charge shall render the inspecting officer suchassistance as is practicable while the required inspection is being made.
(b) Upon being notified of the intention of any person to sell,change ownership or remove from the county any livestock when a priorinspection is required by law, the inspector notified shall go to the placedesignated at the time agreed upon, and make an inspection for brands andownership of the livestock.
(c) The inspection shall only be done under conditions thatallow the inspector, at the sole discretion of the inspector, to adequatelyview the livestock for the purpose of determining brands. The inspector shalllist 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 mayrequire from the person in charge proof of ownership of the livestock to beremoved from the county, by brand record, bill of sale or the affidavits of atleast two (2) responsible citizens of the county who are not interestedfinancially in the animals. If ownership of any of the livestock is not claimedby the person intending to remove them from the county, then writtenauthorization from the owner for such removal is required.
(d) Estrays, the ownership of which is unknown, shall not beremoved from the county except by order of the inspector in accordance withW.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 livestockfor brands and ownership, shall record the inspection upon a form furnished bythe Wyoming livestock board. When completed and signed by the inspector and theowner of the livestock or the owner's designee, the form is a certificate ofinspection authorizing the removal from the county of the livestock listed. Theinspector shall deliver a copy of the certificate to the person in charge ofthe livestock. If movement is to be by truck, a copy of the certificate shallbe delivered by the person in charge of the animals to the driver or person incharge of the truck or trucks, and shall be kept in the latter's possessionuntil the livestock are delivered at the final destination as shown on the certificateof inspection, and shall be exhibited upon request to any person authorized toenforce the brand inspection laws of this state.
(b) Failure or refusal by the driver of any vehicle to exhibita certificate of inspection or a properly executed shipper's certificate andagreement or permit listing the livestock being transported within the state,is justification for any authorized person to hold the vehicle and thelivestock, at the carrier's or the shipper's expense, until the carrierestablishes his right to transport the livestock. If the carrier cannotestablish his right to transport the livestock within twelve (12) hours, thevehicle and livestock shall be impounded as provided by W.S. 11-20-228, pendingcomplete investigation and disposition as provided by law.
11-20-208. Proof of prior ownership; penalties for furnishing falseproof.
(a) When the proof of ownership inspection is used, inspectorsshall require proof of ownership of livestock upon change of ownership asprovided by W.S. 11-20-203(a) and an instrument evidencing such ownership shallbe delivered by the shipper to the inspector who shall attach it to the formand return it to the agency.
(b) The furnishing of false proof of prior ownership isprobable cause for investigation of a felony offense being committed. Alllivestock involved shall be remanded to the custody of the Wyoming livestockboard pending the outcome of the investigation and criminal charges, if any.Costs incurred for maintenance of the livestock involved shall be paid by theperson who furnished false proof of ownership. Should the investigation showthe only offense involved is furnishing false proof of ownership, the personfurnishing 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 fornot more than six (6) months, or both.
11-20-209. When inspection not required.
No inspection for brands and ownership isrequired for livestock originating in another state, territory or country andbeing transported through Wyoming by common carrier or contract carrier ininterstate 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 thissection, no inspection for brands and ownership is required of livestock beingimported into Wyoming if the livestock are transported or driven directly frompoint of entry into Wyoming to a destination within Wyoming and the person incharge of, or having custody of the livestock has in his possession writtenauthority to transport or drive the livestock from the state, territory orcountry of origin to a destination in Wyoming and written evidence that allhealth and quarantine regulations of Wyoming have been complied with. Suchwritten evidence shall be shown upon request to any officer authorized toenforce the brand inspection laws.
11-20-211. When inspection not required; contiguous range.
No inspection for brands and ownership isrequired for livestock being moved to their accustomed range which is on bothsides of but contiguous to any county or state line, for the purpose ofpasturing or feeding same. The word "contiguous" means actuallytouching, bordering or abutting upon, and this section shall not be construedto exempt from inspection livestock whose accustomed range is near or in closeproximity 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 forthe movement of livestock from a location in Wyoming to a noncontiguouslocation in another county provided the applicant and the ranch meet therequirements of this subsection and criteria established by rules of the board.The movement shall be for the purpose of pasturing, grazing, feeding thelivestock, veterinary care, commercial lease or use or other board approvedmovement that is considered necessary for normal ranch management operatingconditions. 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 Wyomingresident lessees of qualified ranch lands headquartered within Wyoming or theirauthorized employees. As used in this section, a "qualified ranch"means a ranch that has been used for a period of time or purpose specified bythe board and which use can be verified by brand inspection records. A permitmay be denied by the board after a finding that the person applying for apermit has violated a brand inspection law, including a provision of thissection or a board rule or regulation.
(b) The fee imposed by W.S. 11-20-402 shall be collected at thetime of the issuance of the permit under this section. If a change of ownershipoccurs before the livestock is returned to the county of origin pursuant to apermit issued under this section, the owner shall notify a brand inspector foran inspection of the livestock and shall pay all fees imposed under W.S.11-6-210 and 11-20-401.
(c) Repealed By Laws 2010, Ch. 69, 204.
(d) The board shall promulgate rules and regulations necessaryto carry out the provisions of this section.
(e) Unless specifically reauthorized by the legislature priorto July 1, 2005, rules and regulations promulgated by the board pursuant tothis section prior to July 1, 2005 shall on, and after, July 1, 2005 be void.
11-20-213. Repealed By Laws 2007, Ch. 105, 2.
11-20-214. Brand inspector may inspect at his discretion; voluntaryinspections.
(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 andownership of livestock in his possession at any time. The inspection feeprescribed by W.S. 11-20-401 shall be collected by the brand inspector.
11-20-215. Repealed By Laws 2007, Ch. 105, 2.
11-20-216. Procurement, form, contents and validity of truck-fleetshipment permit.
When a shipment of livestock is to be madein 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, oron any single permit required by law, the person in charge of the shipmentshall obtain a truck-fleet shipment permit. The board shall prepare the formand contents of the permit. The permit is valid only for the shipment specifiedand 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 priorinspection for brands and ownership is required of horses, mules, cattle orsheep being or about to be transported to any open market where Wyoming brandinspection 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 suchopen market shall fill out and sign a certificate on a form approved by theboard. The form shall include an agreement providing that the livestock listedon the certificate will not be diverted en route from the destination shownunless and until an inspection for brands and ownership has been made by anauthorized Wyoming brand inspector, unless the diversion is to an open marketwhere Wyoming brand inspection is maintained or where a brand inspection ismade which substantially complies with the brand inspection laws of this statepursuant to an agreement entered into under W.S. 11-20-201(c). It shall furtherprovide that in case of diversion of all or any part of the shipment thelivestock diverted will be held at some convenient place, separate and apartfrom other livestock, until inspected, and the shipper will pay the necessaryexpenses incurred by the inspector and the legal inspection fees. The boardshall establish a fee to be charged for use of the form authorized by thissection. 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 requiredby W.S. 11-6-210 have been paid in full and may be collected at the time theform is issued by the issuing party. A blanket bond or individual bonds shallbe executed to the state with good and sufficient surety in an amountdetermined by the board, conditioned for the full and faithful performance ofany issuer of the forms and collecting of fees pursuant to this section.
(c) Except on demand of the shipper, the inspector is notrequired to inspect any horses, mules, cattle or sheep, consigned directly toany open market where Wyoming brand inspection is maintained. If the shipperdemands a prior inspection, the inspection shall be made and the legalinspection fee charged and collected. Inspection at point of origin does notexempt the shipment from inspection for brands and ownership, nor the shipperfrom 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 theWyoming Administrative Procedure Act, and a finding that the person to whom thepermit is granted has violated any of the brand inspection laws.
11-20-218. Repealed By Laws 2007, Ch. 105, 2.
11-20-219. Certificates and agreements in lieu of inspection; filingand distribution of copies.
(a) After a certificate and agreement listing a shipment ofhorses, mules, cattle or sheep to be transported by common or contract carrierhas 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 retainedby the owner or his agent until the animals have been delivered at thedestination shown and shall then be delivered by him to the Wyoming brandinspector 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 anyperson authorized to enforce the brand inspection laws.
11-20-220. Diverted shipments; notice thereof.
Should any shipment or any part of ashipment of horses, mules, cattle or sheep listed on a certificate andagreement consigned to an open market be diverted en route from the destinationshown, the railroad, trucking firm, trucker or private carrier transporting theshipment shall notify the Wyoming brand inspector at the original destinationand the agency that such diversion has been ordered and made. The notice shallbe sent within twenty-four (24) hours after diversion is ordered. If thediversion is ordered and made before the shipment leaves Wyoming, the requiredinspection for brands and ownership shall be made by any Wyoming brandinspector. If the shipment has left Wyoming, the inspection shall be made by abrand inspector having authority to inspect Wyoming livestock outside thestate.
11-20-221. Common carriers not to receive livestock for transportationwithout certificate.
Except as otherwise provided, it isunlawful for any railroad, trucker or other common or contract carrier, or any personto receive for transportation or to transport any horses, mules, cattle orsheep from any county in Wyoming to any other county, state, territory orcountry, until furnished with an official certificate of inspection, filled outand signed by an authorized inspector, showing the horses, mules, cattle orsheep to be transported have been inspected for brands and ownership.
11-20-222. Unbranded calves; inspection at request of stockman; fee.
All calves unbranded or wearing unpealedbrands shall be shown to the inspector at the point of origin and at theirmother's side, upon written request of a bona fide Wyoming stockman from theimmediate area to the district brand supervisor of that area, made at leastfive (5) days prior to shipment, or upon request of an authorized brandinspector. When inspection is requested, it shall be made immediately beforeloading and shipping the calves. The seller or shipper shall report to theinspector the name and address of the owner and shipper at destination of shipment,mode of transportation and the name and address of the consignee. The inspectorshall record and file the same with the board or its agency. If shipment is toa market where Wyoming brand inspection is maintained, the usual fee shall becharged for sale ring inspection.
11-20-223. Out-of-state accustomed range permits.
(a) The board may issue an out-of-state accustomed range permitfor the movement of livestock from an accustomed range or ranch in Wyoming to anoncontiguous accustomed range or ranch in another state provided the applicantand the accustomed range meet the requirements of this subsection and criteriaestablished by rules of the board. The movement shall be for the purpose ofpasturing, grazing, ranging or feeding the livestock or other board approvedmovement that is considered necessary for normal ranch management operatingconditions. 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 residentlessees of ranch lands headquartered within Wyoming or their authorizedemployees. As used in this section, an "out-of-state accustomed range orranch" means a range or ranch that has been used for a period of time orpurpose specified by the board and which use can be verified by brandinspection records. A permit may be denied by the board after a finding thatthe person applying for a permit has violated a brand inspection law, includinga provision of this section or a board rule or regulation.
(b) No person shall move animals pursuant to a permit underthis section until a brand inspector has inspected the animals and collectedthe fee imposed by W.S. 11-20-402. The owner of livestock moved under thepermit shall attest in writing that it is intended that the livestock shall bereturned to this state prior to a change in ownership. If a change ofownership occurs before the livestock are returned to this state, the ownershall notify the brand inspector who performed the inspection and shall pay allfees imposed under W.S. 11-6-210 and 11-20-401 with credit granted for any feeimposed by W.S. 11-20-402(a)(viii).
(c) Repealed By Laws 2010, Ch. 69, 204.
(d) The board shall promulgate rules and regulations necessaryto carry out the provisions of this section.
(e) Unless specifically reauthorized by the legislature priorto July 1, 2004, rules and regulations promulgated by the board pursuant tothis section prior to July 1, 2004 shall on, and after, July 1, 2004 be void.
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 apermanent brand inspection certificate authorizing movement of the livestockintrastate or interstate, valid for the life of the livestock or until a changeof ownership takes place, upon approval of a proper application in writing byan authorized Wyoming brand inspector. The application shall contain, or beaccompanied by, valid proof of ownership of the livestock by the applicant, andshall include a thorough physical description including all brands carried bythe livestock and all distinguishing marks or markings. The possession of avalid permanent brand inspection certificate shall constitute prima facieevidence of ownership. Upon any change in ownership the certificate is void.
(a) The owner of a horse or livestock used for rodeo, show,racing, pleasure or farm or ranch work in Wyoming which is permanently andindividually 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 ofthe horse described therein. Upon any change of ownership the certificate isvoid 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 becharged 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 movementpermit issued pursuant to W.S. 11-20-224 or 11-20-225 is not valid unlesssigned by an authorized representative of the board and by the permit holder.The certificate shall be in the possession of the person transporting the horseand shall be shown on request to any person authorized to enforce the brand inspectionlaws.
11-20-227. Fraudulent use of inspection certificate and movementpermit; penalties.
Fraudulent use of an inspection certificateand movement permit issued pursuant to W.S. 11-20-224, 11-20-225 or 11-20-230is punishable by a fine of not more than one hundred dollars ($100.00) or byimprisonment for not more than thirty (30) days, or both. The fraudulent use ofan inspection certificate and movement permit issued pursuant to W.S.11-20-224, 11-20-225 or 11-20-230 is probable cause to investigate thecommission of a felony, and the provisions of W.S. 11-20-228 may be invokedpending the outcome of the investigation and court proceedings, if any.
11-20-228. Impounding of vehicles; lien.
Any vehicle used in the transportation oflivestock in violation of this act may be impounded pending determination ofthe violation by a court. Upon conviction of the owner of the vehicle, or theowner of the livestock being transported, any expense incurred by an authorizedofficer for towing the vehicle or for feed and care of the livestock is a lienupon 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 and 11-20-230 for which there is no specificpenalty prescribed is punishable as provided in W.S. 11-1-103.
11-20-230. Livestock seed stock and exhibitors permit; fees; transfers;reports; enforcement.
(a) Any Wyoming livestock producer who raises and marketslivestock for the purpose of providing breeding seed stock or exhibitionanimals, as defined by the board for purposes of this section, may apply to theboard for a livestock seed stock or exhibition stock permit. The fee shall befifty dollars ($50.00) per permit. The permit shall be valid for the calendaryear issued and no transactions or shipments shall be authorized until a permithas been issued.
(b) After receiving a certificate of inspection from a Wyomingbrand inspector, the livestock producer may sell or change ownership of thelivestock provided the livestock are branded with the livestock producer'srecorded Wyoming brand and the animals can be individually identified by aboard approved method. The livestock may then be legally shipped or removedfrom any county in Wyoming to any other county, state or country, provided theyare accompanied by a board authorized bill of sale and a board issued fleetpermit which references the prior certificate of inspection pursuant to W.S.11-20-216.
(c) The permit holder shall report all transactions andmovements and shall pay any applicable fees authorized pursuant to W.S.11-6-210, 11-37-106 and 11-37-107 to the brand inspector who issued theoriginal brand certificate, or any other designated agent of the board, withinthree (3) working days of the transaction.
(d) Failure to comply with this section or any other applicablelaw or board rule shall be grounds for the revocation of the permit and shallbe punished pursuant to W.S. 11-1-103. Providing false proof of ownershipshall be grounds for the revocation of the permit and shall be punishedpursuant to W.S. 11-20-208. All livestock covered under the permit authorizedunder this section are subject to reinspection by a board authorized brandinspector and any applicable fees shall be assessed.
ARTICLE 3 - KILLING ANIMALS TO ASCERTAIN OWNERSHIP
11-20-301. When authorized.
If in the opinion of any authorized brandinspector or sheriff a mark or brand upon any livestock has been fraudulentlyaltered, obliterated or defaced so the original mark or brand cannot bedetermined by external inspection, the brand inspector or sheriff may seize andkill the animal to ascertain the mark or brand altered or defaced.
11-20-302. Sale of carcass.
The carcass of any animal killed exceptsuch part as is retained for evidence, shall be promptly sold at public orprivate sale by the stock inspector or sheriff, and the proceeds paid into thegeneral fund of the county in which the animal was killed.
ARTICLE 4 - INSPECTION FEES AND TAXES
11-20-401. Brand inspection fees generally.
(a) Except as otherwise provided, each livestock inspectorshall at the time of inspecting for brands and ownership collect inspectionfees in an amount established by the livestock board but not less than:
(i) One dollar and twenty-five cents ($1.25) per head on allcattle including unbranded animals, and including the hide or carcass;
(ii) Twenty-five cents ($0.25) per head on all sheep, includingany hide or carcass;
(iii) Nine dollars ($9.00) per head for the first ten (10) headof horses, asses or mules inspected, including any hide or carcass and onedollar and twenty-five cents ($1.25) for each additional horse, hide or carcassinspected at the same time and place; and
(iv) A six dollar and twenty-five cent ($6.25) surcharge perinspection by the livestock inspector. The livestock board shall promulgaterules and regulations to identify conditions under which this surcharge may bewaived.
(b) Repealed By Laws 2010, Ch. 69, 204.
11-20-402. Miscellaneous inspection fees.
(a) Except as otherwise provided, the board shall establishand, through its authorized inspectors, shall collect fees for the following ofnot less than:
(i) Repealed By Laws 2007, Ch. 105, 2.
(ii) Repealed By Laws 1996, ch. 25, 2.
(iii) One dollar and twenty-five cents ($1.25) for eachcertificate issued to a hide buyer as required by W.S. 11-23-204;
(iv) Repealed By Laws 1996, ch. 25, 2.
(v) Fifteen dollars ($15.00) for each permanent brandinspection and movement permit issued pursuant to W.S. 11-20-224;
(vi) Twelve dollars ($12.00) for the first ten (10) head oflivestock inspected and one dollar and fifty cents ($1.50) for each additionalhead inspected under the annual brand inspection and movement permit issuedpursuant to W.S. 11-20-225;
(vii) Repealed by Laws 1990, ch. 87, 3.
(viii) For an accustomed range permit under W.S. 11-20-223, anamount equal to twenty-five percent (25%) of the inspection fees as establishedby the board pursuant to W.S. 11-20-401(a)(i) through (iii);
(ix) A six dollar and twenty-five cent ($6.25) surcharge perinspection by the livestock inspector. The livestock board shall promulgaterules and regulations to identify conditions under which this surcharge may bewaived;
(x) The fee for an accustomed range permit under W.S.11-20-212, of not less than fifty dollars ($50.00);
(xi) Actual hourly cost plus mileage for any nonmandatoryinspections requested by a livestock owner. The hourly cost shall be asdetermined by the board and the mileage cost shall be as provided by W.S.9-3-103.
(b) Repealed By Laws 2010, Ch. 69, 204.
(c) The board may establish and, through its authorizedinspectors, collect fees from the livestock owner or other responsible partynot to exceed the actual cost of any additional necessary reimbursable expensesincluding transportation, supplies or equipment rental relating to servicesrequired by the board. "Reimbursable expenses" for the purposes ofthis subsection shall mean expenses necessary to provide for the immediatesafety of the public and livestock for which the board has authority. Thissubsection shall not apply to those services authorized under W.S. 11-20-401.
11-20-403. Repealed by Laws 1990, ch. 87, 3.
11-20-404. Report of receipts and expenses.
(a) The board shall on or before the first Monday in Augusteach year present a written report to the director of the state department ofaudit, which shall contain:
(i) A statement of funds received from inspection fees andother fees collected under W.S. 11-20-201 through 11-20-230, 11-20-401 and11-20-402;
(ii) A statement of expenses of inspection, including salariesand expenses of inspectors, and that part of the expense of the agency, if any,incurred in administering the brand inspection laws;
(iii) The amount by which inspection expenses have exceeded therevenues for the fiscal year ending June 30;
(iv) An estimate of future expenses for the forthcoming year,which will become due and payable prior to the receipt of the amounts providedfor herein to pay them.
(b) Repealed by Laws 1990, ch. 87, 3.
11-20-405. Collection and disposition.
(a) Any funds appropriated by the legislature and all feescollected pursuant to W.S. 11-20-101 through 11-20-124, 11-20-201 through11-20-230, 11-20-401 and 11-20-402 shall be remitted to the state treasurer fordeposit in the inspection account. Interest earned by the account shall beretained in the account. Monies within the account are subject to legislativereview and appropriation for use and expenditure by the board. Itemizedvouchers shall be submitted to the chief executive officer of the board forapproval. Upon approval, a warrant for the payment of each voucher shall beissued by the state auditor for payment from the inspection account. The boardshall expend monies from the account created by this section only for thepurposes authorized by W.S. 11-20-201 through 11-20-230, and 11-20-101 through11-20-124.
(b) After March 1, 2006, all costs of operating andadministering the brand inspection and recording programs shall be paid fromany funds appropriated by the legislature, any applicable grant funds and thefees collected and deposited into the account created by subsection (a) of thissection.
(c) Repealed By Laws 2010, Ch. 69, 204.
11-20-406. Repealed by Laws 1990, ch. 87, 3.
11-20-407. Repealed by Laws 1990, ch. 87, 3.
11-20-408. Examination of agency records; report.
(a) The director of the state department of audit or hisdesignee shall examine the records and accounts of any agency appointed by theboard to administer the brand inspection laws, and report to the governor inthe same manner as for the examination of records and accounts of public officers.
(b) The board shall adopt an annual fiscal year budget for thebrand registration and inspection program. The budget shall include anydeficit amount from the prior year and may include an operating reserve not toexceed one (1) year for that portion of the program to be funded by user fees. Based on the budget adopted under this subsection, the board shall set the userfees for all activities under the program at no less than the minimum feesprovided for in this chapter. Each fee may be adjusted not more than one (1)time per fiscal year and by not more than twenty percent (20%) in any one (1)fiscal year. The board shall report annually by November 1 to the jointagriculture, state and public lands and water resources interim committee withrespect to the budget adopted and fees set under this subsection.
11-20-409. Issuance of certificate.
All fees required by W.S. 11-6-210,11-20-201 through 11-20-230, 11-20-401 and 11-20-402 shall be due and payableupon the issuance of a certificate of brand inspection or clearance. No feesrequired by W.S. 11-6-210 shall be collected on the same livestock more thanonce in any twelve (12) month period.
(i) "Agency" means the corporation, if any,designated by the board as its authorized representative to carry out thefunctions to be performed by the board and if there is no such agency, then itmeans the board;
(ii) "Board" means the Wyoming livestock board;
(iii) "Inspectors" means those persons appointed by theagency to execute the duties prescribed by law, rules, regulations and ordersfor the protection of the livestock industry in Wyoming;
(iv) "Livestock" means cattle, horses, mules, assesand sheep. The board acting in conjunction with the game and fish commissionmay designate individual bison or identifiable herds of bison as wildlife;
(v) "Stock drover" means any person driving livestockthrough any county in Wyoming;
(vi) "Stock owner" means any person who ownslivestock;
(vii) "This act" means W.S. 11-19-101 through11-19-506, 11-20-101 through 11-24-115 and 11-30-101 through 11-30-115;
(viii) "Brand" means a brand, mark or other boardapproved means of identification including any electronic device used forlivestock identification.
11-20-102. Stock running at large to be branded.
Every stock owner allowing his livestockover six (6) months old to run at large or mingle with livestock other than hisown, shall brand his livestock with his recorded brand.
(a) Any person desiring to adopt any brand to be used to brandlivestock in this state, shall before using the brand make application to theWyoming 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 beused;
(iii) State the place on the animal where the brand will beapplied, and whether it is to be applied with hot iron, paint, tattoo or othermeans;
(iv) Repealed By Laws 1996, ch. 25, 2.
(b) The application shall be accompanied by a recording fee ofnot less than one hundred fifty dollars ($150.00) for the first species oflivestock and not less than seventy-five dollars ($75.00) for each additionalspecies of livestock for which the brand is to be used. In the event a brandis not recorded, twenty-five percent (25%) of the recording fee shall beretained by the Wyoming livestock board and the balance of the fee shall berefunded to the applicant. A certified copy of the recorded brand shall begiven to the owner. All fees collected shall be deposited into the accountcreated by W.S. 11-20-405.
(c) Repealed By Laws 2010, Ch. 69, 204.
11-20-104. Brands; recording generally.
Uponreceipt of the application and fee the brand shall be recorded in the statebrand record. If the brand has been previously recorded the executive officerof the board shall suggest a brand that can be recorded. The executive officerof the board shall not record any brand which in his opinion would conflictwith any brand of record.
11-20-105. Brands; extension to other species.
If a recorded brand is used exclusively forthe identification of a particular species of livestock, the executive officerof the board may record the identical brand in the name of another person toidentify his ownership of a species of livestock other than the species forwhich the brand is presently recorded.
To increase the quantity of brands whichcan be effectively used for the identification of sheep, the executive officerof the board may, with the advice of the executive committee of the Wyomingwool growers association, promulgate and enforce rules and regulationsnecessary to divide the land area of Wyoming into districts. The districtsshall be made a part of such brands and recorded in the state record as furtheridentification of sheep.
11-20-107. Brands; records kept by board; inspection thereof.
The board shall keep an accurate record ofall certified livestock brands, the names of the owners and their post officeaddresses, which shall be open to public inspection.
11-20-108. Recorded brand; certified copy deemed prima facie evidenceof ownership.
A certified copy of any brand recorded inthe office of the board is prima facie evidence of ownership of animals brandedtherewith for that species of livestock recorded by the board. The brand shallbe received as evidence of ownership in all legal proceedings involving titleto the animal.
11-20-109. Recorded brand; considered as property; subject to sale;written instrument required; acknowledgment and recording.
Anybrand recorded as required by law is the property of the person in whose nameit is recorded, and is subject to sale, assignment, transfer, devise anddescent as personal property. Instruments of writing evidencing sale,assignment or transfer shall be acknowledged and recorded in the office of theboard. Acknowledgment and recording of such instruments have the same effect asto third parties as the acknowledgment and recording of instruments affectingreal estate.
11-20-110. Recorded brand; bill of sale; when title vests.
Anyrecorded brand may be conveyed to another by a bill of sale executed by thevendor, properly acknowledged, but the conveyance is not complete nor doestitle to the brand vest in the vendee until the bill of sale is filed forrecord in the office of the board.
11-20-111. State brand book; contents.
The executive officer of the board shallprocure a suitable book, to be known as the state brand book, in which shall berecorded the brand and the definite place of the brand upon the animal, usedfor the branding of livestock in this state.
11-20-112. Brand book; publication; form and contents; distribution ofcopies; monthly lists and biennial supplements; costs; disposition of proceeds.
Theboard shall publish a brand book containing facsimiles or descriptions of allbrands recorded in Wyoming together with the owner's name and address. Thenames 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 tothe agency. At the end of each month, the board shall prepare lists of thebrands recorded during that month and shall issue biennial supplements to thebrand book which shall supersede and cumulate the monthly lists issued duringthe biennium. The board may publish and sell brand books, lists andsupplements. The proceeds from the sales shall be deposited in the accountcreated by W.S. 11-20-405.
11-20-113. County clerk prohibited from recording brands.
It is unlawful for any county clerk in thisstate to record any brand or bill of sale of any brand.
11-20-114. Use of unrecorded or abandoned brand prohibited; failure torecord deemed abandonment.
(a) No person shall claim or own any brand which has not beenrecorded in the office of the Wyoming livestock board. Failure to record abrand is an abandonment of the same. No person shall claim or use any abandonedbrand until after he has caused the same to be recorded as required by law.
(b) Any person violating subsection (a) of this section shallbe 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, everytenth year after recording a brand, every owner of a brand shall rerecord thebrand, 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 bymail, at the address shown on the brand records, the party owning the brandthat the brand must be rerecorded and if the brand has not been rerecordedwithin sixty (60) days from the expiration date of the brand will be declaredabandoned and will be allowed to other applicants.
(b) Every owner of a brand shall rerecord the brand. The termof the rerecording period shall not exceed the term established by this sectionand the method of renewal shall be established by the board. The renewal feeshall be as established by W.S. 11-20-116 and shall be prorated by the boardfor any renewal less than ten (10) years. The board shall promulgate rules andregulations necessary to carry out the provisions of this section.
(c) After the rerecording periods established by the boardunder subsection (b) of this section, every owner of a brand shall rerecord thebrand 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 ofbrand; recording bill of sale deemed renewal.
(a) For renewing any brand previously recorded and issuing acertificate of renewal, the board shall charge not less than three hundreddollars ($300.00). The fee shall cover any additional species of livestock forwhich the brand was previously recorded.
(b) For recording a bill of sale or other instrumenttransferring ownership of a recorded brand and issuing a certificate oftransfer, not less than one hundred dollars ($100.00) shall be charged for eachrecorded brand.
(c) The recording of a bill of sale or other instrumenttransferring ownership of a recorded brand during any renewal period shall notserve as a renewal of the brand. Transfer of ownership and renewal of a brandare separate transactions, for each of which the appropriate fee will becollected.
(d) Repealed By Laws 1996, ch. 25, 2.
(e) The fees collected pursuant to this section shall bedeposited in the account created by W.S. 11-20-405.
(a) It is unlawful for any person in Wyoming to identifylivestock with a brand not recorded in his name when the brand is a duplicate ofor in conflict with any brand lawfully recorded in Wyoming for the same speciesof livestock.
(b) Anyone violating subsection (a) of this section shall bepunished as provided in W.S. 11-1-103.
11-20-118. Drover's stock; to be kept separate.
Every stock drover shall keep his livestockseparate and distinct from other livestock, and if his livestock becomes mixedwith 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 hislivestock from trespassing upon the property of another and from damaging anyirrigating ditch or public works. No drover or other person who in good faithremoves or attempts to remove livestock from any road, highway or right-of-wayis 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 drivelivestock away from its home range without authority from the owner of thelivestock.
11-20-121. Penalties for failure to comply with certain provisions.
Any person violating or failing to complywith the provisions of W.S. 11-20-102, 11-20-110 or 11-20-118 through 11-20-120shall be imprisoned in the county jail not exceeding six (6) months, or finednot less than twenty-five dollars ($25.00) or more than five hundred dollars($500.00), or both.
11-20-125. Use of a seasonal brand; application for an annual permit touse an out-of-state brand.
(a) A person may apply to the board for permission to use hisout-of-state brand on cattle, provided the brand is legally registered in thestate of origin. If a conflict is found with a registered Wyoming brand theboard, notwithstanding W.S. 11-20-104 and 11-20-117 and as established by ruleand regulation, may authorize use of the brand and require further identification.The permit shall be valid for a one hundred eighty (180) day period during thecalendar year. The permit is not transferable. The annual fee for the permitshall be the same as the fee for a new brand as prescribed in W.S. 11-20-103.The permit may be issued and renewed annually if the board finds therequirements of this section are met:
(i) The applicant shall agree to restrict a permittedout-of-state brand on calves born to cattle imported for grazing purposes,yearling, feeder or stocker cattle imported for feeding or grazing or cattleconsigned to a commercial feedlot. "Calves" for purposes of thissection means calves less than six (6) months old and running at their mother'ssides;
(ii) The applicant shall supply the brand inspector proof ofownership of the cattle at the time of brand inspection and shall show proofthat the out-of-state brand is currently registered either by brand card orbrand certificate from the state of issue; and
(iii) If the permit is issued, the permittee shall pay for allnecessary brand inspections as prescribed by law.
(b) If there are written complaints to the board from three (3)or more affected parties, the board shall investigate the complaints and takeappropriate action.
(c) The board may promulgate rules and regulations necessary tocarry out the provisions of this section.
ARTICLE 2 - INSPECTION FOR BRANDS
11-20-201. Designation of contract services to implement brandinspection laws; bond required; bond of inspectors; interstate cooperative agreements.
(a) The board may designate an agency or contract for servicessubject to rules and regulations of the board, to exercise the rights, powersand duties provided by law with respect to inspection of brands and ownershipof the animals mentioned herein.
(b) The agency, or the board may contract for inspectors as theboard deems necessary to carry out specified duties. The board may contract forinspectors through an individual at-will contract. The board may contract toprovide the inspector salary, mileage, per diem and other necessaryreimbursable expenses, membership in the state employees' and officials' groupinsurance plan in accordance with W.S. 9-2-1022(a)(xi)(F)(IV) and 9-3-207, andthe state retirement system in accordance with W.S. 9-2-1022(a)(xi)(F)(IV) and9-3-412. The board shall be authorized to establish mileage rates withoutregard to the limitations provided in W.S. 9-3-103. During the time thatinspectors are acting within the scope of their duties on behalf or in serviceof the state in their official capacity, inspectors are covered by theprovisions of the Wyoming Governmental Claims Act, W.S. 1-39-101 through1-39-120, 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 deemsappropriate. A blanket bond or individual bonds shall be executed to the statewith good and sufficient surety in an amount determined by the board,conditioned for the full and faithful performance and discharge of the inspector'sduties. The bond shall be approved by and filed in the office of the board.
(c) The board may enter into cooperative agreements wherevereconomically feasible with the proper authorities of other states for theenforcement and implementation of the Wyoming brand laws. Brand inspectionsperformed in accordance with such a cooperative agreement is a Wyoming brandinspection within the meaning of the brand inspection laws of this state. Forpurposes of this subsection, the brand inspection need not be performed by aWyoming 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 andrecording inspections for brands and ownership, and any substitutes orfacsimiles are invalid. The agency of the board shall keep on file in itsoffice copies of inspection certificates. The board shall make rules andregulations governing inspections for brands and ownership as necessary,consistent with the laws of Wyoming.
(b) The board shall enforce the brand inspection provisions ofthis act. No agent of the board exercising ordinary care and precaution inperforming his duties is liable for any damage or loss that may be incurredthereby.
11-20-203. Inspection of brands at time of delivery or removal;certificate required; lack thereof.
(a) Except as hereafter provided or except as provided in W.S.11-20-211, 11-20-224 and 11-20-230, it is unlawful for any person, firm,partnership, corporation, or association to sell, change ownership or to removeor cause to be removed in any way from any county in Wyoming to any other stateor country, any livestock unless each animal has been inspected for brands andownership at the time of delivery or removal by an authorized Wyoming brandinspector and a proper certificate of inspection or clearance has been issued.
(b) Transporting livestock across state lines without firsthaving had such inspection and having obtained such certificates is prima facieevidence of intent to avoid inspection and to steal, take and carry away theanimals and is punishable as provided in W.S. 6-3-402.
(c) Except as hereafter provided or except as provided in W.S.11-20-211, 11-20-217, 11-20-224 and 11-20-230, it is unlawful for any person,firm, partnership, corporation or association to remove or cause to be removedin any way from any county in Wyoming to any other county, any livestock unlesseach animal has been inspected for brands and ownership at the time of deliveryor removal by an authorized Wyoming brand inspector and a proper certificate ofinspection or clearance has been issued, except where the board has establishedbrand inspection zones for each species of livestock. Brand inspection zonesmay encompass an area based on multiple contiguous counties or the entirestate, as determined by the board. Brand inspection zones shall be reviewedand reauthorized annually by the board and shall be in effect for a calendaryear.
11-20-204. Inspector not to inspect his own livestock; penalty.
It is unlawful for any inspector to issue acertificate of inspection covering livestock owned by him or in which he hasany financial interest, and any violation of this provision is punishable as amisdemeanor.
11-20-205. Procedures generally; estrays.
(a) Except as otherwise provided, before selling, changingownership or removing any livestock from any county of Wyoming, the personselling, changing ownership or intending to cause removal shall notify theinspector of the date of the intended removal and the time and place when andwhere the required inspection for brands and ownership can be made. The inspectionshall be made within a reasonable time prior to shipment. The person in chargeof the livestock shall hold the livestock at the place designated until thelivestock have been inspected and an official certificate of inspection isissued. The person in charge shall render the inspecting officer suchassistance as is practicable while the required inspection is being made.
(b) Upon being notified of the intention of any person to sell,change ownership or remove from the county any livestock when a priorinspection is required by law, the inspector notified shall go to the placedesignated at the time agreed upon, and make an inspection for brands andownership of the livestock.
(c) The inspection shall only be done under conditions thatallow the inspector, at the sole discretion of the inspector, to adequatelyview the livestock for the purpose of determining brands. The inspector shalllist 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 mayrequire from the person in charge proof of ownership of the livestock to beremoved from the county, by brand record, bill of sale or the affidavits of atleast two (2) responsible citizens of the county who are not interestedfinancially in the animals. If ownership of any of the livestock is not claimedby the person intending to remove them from the county, then writtenauthorization from the owner for such removal is required.
(d) Estrays, the ownership of which is unknown, shall not beremoved from the county except by order of the inspector in accordance withW.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 livestockfor brands and ownership, shall record the inspection upon a form furnished bythe Wyoming livestock board. When completed and signed by the inspector and theowner of the livestock or the owner's designee, the form is a certificate ofinspection authorizing the removal from the county of the livestock listed. Theinspector shall deliver a copy of the certificate to the person in charge ofthe livestock. If movement is to be by truck, a copy of the certificate shallbe delivered by the person in charge of the animals to the driver or person incharge of the truck or trucks, and shall be kept in the latter's possessionuntil the livestock are delivered at the final destination as shown on the certificateof inspection, and shall be exhibited upon request to any person authorized toenforce the brand inspection laws of this state.
(b) Failure or refusal by the driver of any vehicle to exhibita certificate of inspection or a properly executed shipper's certificate andagreement or permit listing the livestock being transported within the state,is justification for any authorized person to hold the vehicle and thelivestock, at the carrier's or the shipper's expense, until the carrierestablishes his right to transport the livestock. If the carrier cannotestablish his right to transport the livestock within twelve (12) hours, thevehicle and livestock shall be impounded as provided by W.S. 11-20-228, pendingcomplete investigation and disposition as provided by law.
11-20-208. Proof of prior ownership; penalties for furnishing falseproof.
(a) When the proof of ownership inspection is used, inspectorsshall require proof of ownership of livestock upon change of ownership asprovided by W.S. 11-20-203(a) and an instrument evidencing such ownership shallbe delivered by the shipper to the inspector who shall attach it to the formand return it to the agency.
(b) The furnishing of false proof of prior ownership isprobable cause for investigation of a felony offense being committed. Alllivestock involved shall be remanded to the custody of the Wyoming livestockboard pending the outcome of the investigation and criminal charges, if any.Costs incurred for maintenance of the livestock involved shall be paid by theperson who furnished false proof of ownership. Should the investigation showthe only offense involved is furnishing false proof of ownership, the personfurnishing 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 fornot more than six (6) months, or both.
11-20-209. When inspection not required.
No inspection for brands and ownership isrequired for livestock originating in another state, territory or country andbeing transported through Wyoming by common carrier or contract carrier ininterstate 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 thissection, no inspection for brands and ownership is required of livestock beingimported into Wyoming if the livestock are transported or driven directly frompoint of entry into Wyoming to a destination within Wyoming and the person incharge of, or having custody of the livestock has in his possession writtenauthority to transport or drive the livestock from the state, territory orcountry of origin to a destination in Wyoming and written evidence that allhealth and quarantine regulations of Wyoming have been complied with. Suchwritten evidence shall be shown upon request to any officer authorized toenforce the brand inspection laws.
11-20-211. When inspection not required; contiguous range.
No inspection for brands and ownership isrequired for livestock being moved to their accustomed range which is on bothsides of but contiguous to any county or state line, for the purpose ofpasturing or feeding same. The word "contiguous" means actuallytouching, bordering or abutting upon, and this section shall not be construedto exempt from inspection livestock whose accustomed range is near or in closeproximity 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 forthe movement of livestock from a location in Wyoming to a noncontiguouslocation in another county provided the applicant and the ranch meet therequirements of this subsection and criteria established by rules of the board.The movement shall be for the purpose of pasturing, grazing, feeding thelivestock, veterinary care, commercial lease or use or other board approvedmovement that is considered necessary for normal ranch management operatingconditions. 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 Wyomingresident lessees of qualified ranch lands headquartered within Wyoming or theirauthorized employees. As used in this section, a "qualified ranch"means a ranch that has been used for a period of time or purpose specified bythe board and which use can be verified by brand inspection records. A permitmay be denied by the board after a finding that the person applying for apermit has violated a brand inspection law, including a provision of thissection or a board rule or regulation.
(b) The fee imposed by W.S. 11-20-402 shall be collected at thetime of the issuance of the permit under this section. If a change of ownershipoccurs before the livestock is returned to the county of origin pursuant to apermit issued under this section, the owner shall notify a brand inspector foran inspection of the livestock and shall pay all fees imposed under W.S.11-6-210 and 11-20-401.
(c) Repealed By Laws 2010, Ch. 69, 204.
(d) The board shall promulgate rules and regulations necessaryto carry out the provisions of this section.
(e) Unless specifically reauthorized by the legislature priorto July 1, 2005, rules and regulations promulgated by the board pursuant tothis section prior to July 1, 2005 shall on, and after, July 1, 2005 be void.
11-20-213. Repealed By Laws 2007, Ch. 105, 2.
11-20-214. Brand inspector may inspect at his discretion; voluntaryinspections.
(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 andownership of livestock in his possession at any time. The inspection feeprescribed by W.S. 11-20-401 shall be collected by the brand inspector.
11-20-215. Repealed By Laws 2007, Ch. 105, 2.
11-20-216. Procurement, form, contents and validity of truck-fleetshipment permit.
When a shipment of livestock is to be madein 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, oron any single permit required by law, the person in charge of the shipmentshall obtain a truck-fleet shipment permit. The board shall prepare the formand contents of the permit. The permit is valid only for the shipment specifiedand 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 priorinspection for brands and ownership is required of horses, mules, cattle orsheep being or about to be transported to any open market where Wyoming brandinspection 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 suchopen market shall fill out and sign a certificate on a form approved by theboard. The form shall include an agreement providing that the livestock listedon the certificate will not be diverted en route from the destination shownunless and until an inspection for brands and ownership has been made by anauthorized Wyoming brand inspector, unless the diversion is to an open marketwhere Wyoming brand inspection is maintained or where a brand inspection ismade which substantially complies with the brand inspection laws of this statepursuant to an agreement entered into under W.S. 11-20-201(c). It shall furtherprovide that in case of diversion of all or any part of the shipment thelivestock diverted will be held at some convenient place, separate and apartfrom other livestock, until inspected, and the shipper will pay the necessaryexpenses incurred by the inspector and the legal inspection fees. The boardshall establish a fee to be charged for use of the form authorized by thissection. 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 requiredby W.S. 11-6-210 have been paid in full and may be collected at the time theform is issued by the issuing party. A blanket bond or individual bonds shallbe executed to the state with good and sufficient surety in an amountdetermined by the board, conditioned for the full and faithful performance ofany issuer of the forms and collecting of fees pursuant to this section.
(c) Except on demand of the shipper, the inspector is notrequired to inspect any horses, mules, cattle or sheep, consigned directly toany open market where Wyoming brand inspection is maintained. If the shipperdemands a prior inspection, the inspection shall be made and the legalinspection fee charged and collected. Inspection at point of origin does notexempt the shipment from inspection for brands and ownership, nor the shipperfrom 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 theWyoming Administrative Procedure Act, and a finding that the person to whom thepermit is granted has violated any of the brand inspection laws.
11-20-218. Repealed By Laws 2007, Ch. 105, 2.
11-20-219. Certificates and agreements in lieu of inspection; filingand distribution of copies.
(a) After a certificate and agreement listing a shipment ofhorses, mules, cattle or sheep to be transported by common or contract carrierhas 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 retainedby the owner or his agent until the animals have been delivered at thedestination shown and shall then be delivered by him to the Wyoming brandinspector 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 anyperson authorized to enforce the brand inspection laws.
11-20-220. Diverted shipments; notice thereof.
Should any shipment or any part of ashipment of horses, mules, cattle or sheep listed on a certificate andagreement consigned to an open market be diverted en route from the destinationshown, the railroad, trucking firm, trucker or private carrier transporting theshipment shall notify the Wyoming brand inspector at the original destinationand the agency that such diversion has been ordered and made. The notice shallbe sent within twenty-four (24) hours after diversion is ordered. If thediversion is ordered and made before the shipment leaves Wyoming, the requiredinspection for brands and ownership shall be made by any Wyoming brandinspector. If the shipment has left Wyoming, the inspection shall be made by abrand inspector having authority to inspect Wyoming livestock outside thestate.
11-20-221. Common carriers not to receive livestock for transportationwithout certificate.
Except as otherwise provided, it isunlawful for any railroad, trucker or other common or contract carrier, or any personto receive for transportation or to transport any horses, mules, cattle orsheep from any county in Wyoming to any other county, state, territory orcountry, until furnished with an official certificate of inspection, filled outand signed by an authorized inspector, showing the horses, mules, cattle orsheep to be transported have been inspected for brands and ownership.
11-20-222. Unbranded calves; inspection at request of stockman; fee.
All calves unbranded or wearing unpealedbrands shall be shown to the inspector at the point of origin and at theirmother's side, upon written request of a bona fide Wyoming stockman from theimmediate area to the district brand supervisor of that area, made at leastfive (5) days prior to shipment, or upon request of an authorized brandinspector. When inspection is requested, it shall be made immediately beforeloading and shipping the calves. The seller or shipper shall report to theinspector the name and address of the owner and shipper at destination of shipment,mode of transportation and the name and address of the consignee. The inspectorshall record and file the same with the board or its agency. If shipment is toa market where Wyoming brand inspection is maintained, the usual fee shall becharged for sale ring inspection.
11-20-223. Out-of-state accustomed range permits.
(a) The board may issue an out-of-state accustomed range permitfor the movement of livestock from an accustomed range or ranch in Wyoming to anoncontiguous accustomed range or ranch in another state provided the applicantand the accustomed range meet the requirements of this subsection and criteriaestablished by rules of the board. The movement shall be for the purpose ofpasturing, grazing, ranging or feeding the livestock or other board approvedmovement that is considered necessary for normal ranch management operatingconditions. 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 residentlessees of ranch lands headquartered within Wyoming or their authorizedemployees. As used in this section, an "out-of-state accustomed range orranch" means a range or ranch that has been used for a period of time orpurpose specified by the board and which use can be verified by brandinspection records. A permit may be denied by the board after a finding thatthe person applying for a permit has violated a brand inspection law, includinga provision of this section or a board rule or regulation.
(b) No person shall move animals pursuant to a permit underthis section until a brand inspector has inspected the animals and collectedthe fee imposed by W.S. 11-20-402. The owner of livestock moved under thepermit shall attest in writing that it is intended that the livestock shall bereturned to this state prior to a change in ownership. If a change ofownership occurs before the livestock are returned to this state, the ownershall notify the brand inspector who performed the inspection and shall pay allfees imposed under W.S. 11-6-210 and 11-20-401 with credit granted for any feeimposed by W.S. 11-20-402(a)(viii).
(c) Repealed By Laws 2010, Ch. 69, 204.
(d) The board shall promulgate rules and regulations necessaryto carry out the provisions of this section.
(e) Unless specifically reauthorized by the legislature priorto July 1, 2004, rules and regulations promulgated by the board pursuant tothis section prior to July 1, 2004 shall on, and after, July 1, 2004 be void.
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 apermanent brand inspection certificate authorizing movement of the livestockintrastate or interstate, valid for the life of the livestock or until a changeof ownership takes place, upon approval of a proper application in writing byan authorized Wyoming brand inspector. The application shall contain, or beaccompanied by, valid proof of ownership of the livestock by the applicant, andshall include a thorough physical description including all brands carried bythe livestock and all distinguishing marks or markings. The possession of avalid permanent brand inspection certificate shall constitute prima facieevidence of ownership. Upon any change in ownership the certificate is void.
(a) The owner of a horse or livestock used for rodeo, show,racing, pleasure or farm or ranch work in Wyoming which is permanently andindividually 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 ofthe horse described therein. Upon any change of ownership the certificate isvoid 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 becharged 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 movementpermit issued pursuant to W.S. 11-20-224 or 11-20-225 is not valid unlesssigned by an authorized representative of the board and by the permit holder.The certificate shall be in the possession of the person transporting the horseand shall be shown on request to any person authorized to enforce the brand inspectionlaws.
11-20-227. Fraudulent use of inspection certificate and movementpermit; penalties.
Fraudulent use of an inspection certificateand movement permit issued pursuant to W.S. 11-20-224, 11-20-225 or 11-20-230is punishable by a fine of not more than one hundred dollars ($100.00) or byimprisonment for not more than thirty (30) days, or both. The fraudulent use ofan inspection certificate and movement permit issued pursuant to W.S.11-20-224, 11-20-225 or 11-20-230 is probable cause to investigate thecommission of a felony, and the provisions of W.S. 11-20-228 may be invokedpending the outcome of the investigation and court proceedings, if any.
11-20-228. Impounding of vehicles; lien.
Any vehicle used in the transportation oflivestock in violation of this act may be impounded pending determination ofthe violation by a court. Upon conviction of the owner of the vehicle, or theowner of the livestock being transported, any expense incurred by an authorizedofficer for towing the vehicle or for feed and care of the livestock is a lienupon 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 and 11-20-230 for which there is no specificpenalty prescribed is punishable as provided in W.S. 11-1-103.
11-20-230. Livestock seed stock and exhibitors permit; fees; transfers;reports; enforcement.
(a) Any Wyoming livestock producer who raises and marketslivestock for the purpose of providing breeding seed stock or exhibitionanimals, as defined by the board for purposes of this section, may apply to theboard for a livestock seed stock or exhibition stock permit. The fee shall befifty dollars ($50.00) per permit. The permit shall be valid for the calendaryear issued and no transactions or shipments shall be authorized until a permithas been issued.
(b) After receiving a certificate of inspection from a Wyomingbrand inspector, the livestock producer may sell or change ownership of thelivestock provided the livestock are branded with the livestock producer'srecorded Wyoming brand and the animals can be individually identified by aboard approved method. The livestock may then be legally shipped or removedfrom any county in Wyoming to any other county, state or country, provided theyare accompanied by a board authorized bill of sale and a board issued fleetpermit which references the prior certificate of inspection pursuant to W.S.11-20-216.
(c) The permit holder shall report all transactions andmovements and shall pay any applicable fees authorized pursuant to W.S.11-6-210, 11-37-106 and 11-37-107 to the brand inspector who issued theoriginal brand certificate, or any other designated agent of the board, withinthree (3) working days of the transaction.
(d) Failure to comply with this section or any other applicablelaw or board rule shall be grounds for the revocation of the permit and shallbe punished pursuant to W.S. 11-1-103. Providing false proof of ownershipshall be grounds for the revocation of the permit and shall be punishedpursuant to W.S. 11-20-208. All livestock covered under the permit authorizedunder this section are subject to reinspection by a board authorized brandinspector and any applicable fees shall be assessed.
ARTICLE 3 - KILLING ANIMALS TO ASCERTAIN OWNERSHIP
11-20-301. When authorized.
If in the opinion of any authorized brandinspector or sheriff a mark or brand upon any livestock has been fraudulentlyaltered, obliterated or defaced so the original mark or brand cannot bedetermined by external inspection, the brand inspector or sheriff may seize andkill the animal to ascertain the mark or brand altered or defaced.
11-20-302. Sale of carcass.
The carcass of any animal killed exceptsuch part as is retained for evidence, shall be promptly sold at public orprivate sale by the stock inspector or sheriff, and the proceeds paid into thegeneral fund of the county in which the animal was killed.
ARTICLE 4 - INSPECTION FEES AND TAXES
11-20-401. Brand inspection fees generally.
(a) Except as otherwise provided, each livestock inspectorshall at the time of inspecting for brands and ownership collect inspectionfees in an amount established by the livestock board but not less than:
(i) One dollar and twenty-five cents ($1.25) per head on allcattle including unbranded animals, and including the hide or carcass;
(ii) Twenty-five cents ($0.25) per head on all sheep, includingany hide or carcass;
(iii) Nine dollars ($9.00) per head for the first ten (10) headof horses, asses or mules inspected, including any hide or carcass and onedollar and twenty-five cents ($1.25) for each additional horse, hide or carcassinspected at the same time and place; and
(iv) A six dollar and twenty-five cent ($6.25) surcharge perinspection by the livestock inspector. The livestock board shall promulgaterules and regulations to identify conditions under which this surcharge may bewaived.
(b) Repealed By Laws 2010, Ch. 69, 204.
11-20-402. Miscellaneous inspection fees.
(a) Except as otherwise provided, the board shall establishand, through its authorized inspectors, shall collect fees for the following ofnot less than:
(i) Repealed By Laws 2007, Ch. 105, 2.
(ii) Repealed By Laws 1996, ch. 25, 2.
(iii) One dollar and twenty-five cents ($1.25) for eachcertificate issued to a hide buyer as required by W.S. 11-23-204;
(iv) Repealed By Laws 1996, ch. 25, 2.
(v) Fifteen dollars ($15.00) for each permanent brandinspection and movement permit issued pursuant to W.S. 11-20-224;
(vi) Twelve dollars ($12.00) for the first ten (10) head oflivestock inspected and one dollar and fifty cents ($1.50) for each additionalhead inspected under the annual brand inspection and movement permit issuedpursuant to W.S. 11-20-225;
(vii) Repealed by Laws 1990, ch. 87, 3.
(viii) For an accustomed range permit under W.S. 11-20-223, anamount equal to twenty-five percent (25%) of the inspection fees as establishedby the board pursuant to W.S. 11-20-401(a)(i) through (iii);
(ix) A six dollar and twenty-five cent ($6.25) surcharge perinspection by the livestock inspector. The livestock board shall promulgaterules and regulations to identify conditions under which this surcharge may bewaived;
(x) The fee for an accustomed range permit under W.S.11-20-212, of not less than fifty dollars ($50.00);
(xi) Actual hourly cost plus mileage for any nonmandatoryinspections requested by a livestock owner. The hourly cost shall be asdetermined by the board and the mileage cost shall be as provided by W.S.9-3-103.
(b) Repealed By Laws 2010, Ch. 69, 204.
(c) The board may establish and, through its authorizedinspectors, collect fees from the livestock owner or other responsible partynot to exceed the actual cost of any additional necessary reimbursable expensesincluding transportation, supplies or equipment rental relating to servicesrequired by the board. "Reimbursable expenses" for the purposes ofthis subsection shall mean expenses necessary to provide for the immediatesafety of the public and livestock for which the board has authority. Thissubsection shall not apply to those services authorized under W.S. 11-20-401.
11-20-403. Repealed by Laws 1990, ch. 87, 3.
11-20-404. Report of receipts and expenses.
(a) The board shall on or before the first Monday in Augusteach year present a written report to the director of the state department ofaudit, which shall contain:
(i) A statement of funds received from inspection fees andother fees collected under W.S. 11-20-201 through 11-20-230, 11-20-401 and11-20-402;
(ii) A statement of expenses of inspection, including salariesand expenses of inspectors, and that part of the expense of the agency, if any,incurred in administering the brand inspection laws;
(iii) The amount by which inspection expenses have exceeded therevenues for the fiscal year ending June 30;
(iv) An estimate of future expenses for the forthcoming year,which will become due and payable prior to the receipt of the amounts providedfor herein to pay them.
(b) Repealed by Laws 1990, ch. 87, 3.
11-20-405. Collection and disposition.
(a) Any funds appropriated by the legislature and all feescollected pursuant to W.S. 11-20-101 through 11-20-124, 11-20-201 through11-20-230, 11-20-401 and 11-20-402 shall be remitted to the state treasurer fordeposit in the inspection account. Interest earned by the account shall beretained in the account. Monies within the account are subject to legislativereview and appropriation for use and expenditure by the board. Itemizedvouchers shall be submitted to the chief executive officer of the board forapproval. Upon approval, a warrant for the payment of each voucher shall beissued by the state auditor for payment from the inspection account. The boardshall expend monies from the account created by this section only for thepurposes authorized by W.S. 11-20-201 through 11-20-230, and 11-20-101 through11-20-124.
(b) After March 1, 2006, all costs of operating andadministering the brand inspection and recording programs shall be paid fromany funds appropriated by the legislature, any applicable grant funds and thefees collected and deposited into the account created by subsection (a) of thissection.
(c) Repealed By Laws 2010, Ch. 69, 204.
11-20-406. Repealed by Laws 1990, ch. 87, 3.
11-20-407. Repealed by Laws 1990, ch. 87, 3.
11-20-408. Examination of agency records; report.
(a) The director of the state department of audit or hisdesignee shall examine the records and accounts of any agency appointed by theboard to administer the brand inspection laws, and report to the governor inthe same manner as for the examination of records and accounts of public officers.
(b) The board shall adopt an annual fiscal year budget for thebrand registration and inspection program. The budget shall include anydeficit amount from the prior year and may include an operating reserve not toexceed one (1) year for that portion of the program to be funded by user fees. Based on the budget adopted under this subsection, the board shall set the userfees for all activities under the program at no less than the minimum feesprovided for in this chapter. Each fee may be adjusted not more than one (1)time per fiscal year and by not more than twenty percent (20%) in any one (1)fiscal year. The board shall report annually by November 1 to the jointagriculture, state and public lands and water resources interim committee withrespect to the budget adopted and fees set under this subsection.
11-20-409. Issuance of certificate.
All fees required by W.S. 11-6-210,11-20-201 through 11-20-230, 11-20-401 and 11-20-402 shall be due and payableupon the issuance of a certificate of brand inspection or clearance. No feesrequired by W.S. 11-6-210 shall be collected on the same livestock more thanonce in any twelve (12) month period.
(i) "Agency" means the corporation, if any,designated by the board as its authorized representative to carry out thefunctions to be performed by the board and if there is no such agency, then itmeans the board;
(ii) "Board" means the Wyoming livestock board;
(iii) "Inspectors" means those persons appointed by theagency to execute the duties prescribed by law, rules, regulations and ordersfor the protection of the livestock industry in Wyoming;
(iv) "Livestock" means cattle, horses, mules, assesand sheep. The board acting in conjunction with the game and fish commissionmay designate individual bison or identifiable herds of bison as wildlife;
(v) "Stock drover" means any person driving livestockthrough any county in Wyoming;
(vi) "Stock owner" means any person who ownslivestock;
(vii) "This act" means W.S. 11-19-101 through11-19-506, 11-20-101 through 11-24-115 and 11-30-101 through 11-30-115;
(viii) "Brand" means a brand, mark or other boardapproved means of identification including any electronic device used forlivestock identification.
11-20-102. Stock running at large to be branded.
Every stock owner allowing his livestockover six (6) months old to run at large or mingle with livestock other than hisown, shall brand his livestock with his recorded brand.
(a) Any person desiring to adopt any brand to be used to brandlivestock in this state, shall before using the brand make application to theWyoming 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 beused;
(iii) State the place on the animal where the brand will beapplied, and whether it is to be applied with hot iron, paint, tattoo or othermeans;
(iv) Repealed By Laws 1996, ch. 25, 2.
(b) The application shall be accompanied by a recording fee ofnot less than one hundred fifty dollars ($150.00) for the first species oflivestock and not less than seventy-five dollars ($75.00) for each additionalspecies of livestock for which the brand is to be used. In the event a brandis not recorded, twenty-five percent (25%) of the recording fee shall beretained by the Wyoming livestock board and the balance of the fee shall berefunded to the applicant. A certified copy of the recorded brand shall begiven to the owner. All fees collected shall be deposited into the accountcreated by W.S. 11-20-405.
(c) Repealed By Laws 2010, Ch. 69, 204.
11-20-104. Brands; recording generally.
Uponreceipt of the application and fee the brand shall be recorded in the statebrand record. If the brand has been previously recorded the executive officerof the board shall suggest a brand that can be recorded. The executive officerof the board shall not record any brand which in his opinion would conflictwith any brand of record.
11-20-105. Brands; extension to other species.
If a recorded brand is used exclusively forthe identification of a particular species of livestock, the executive officerof the board may record the identical brand in the name of another person toidentify his ownership of a species of livestock other than the species forwhich the brand is presently recorded.
To increase the quantity of brands whichcan be effectively used for the identification of sheep, the executive officerof the board may, with the advice of the executive committee of the Wyomingwool growers association, promulgate and enforce rules and regulationsnecessary to divide the land area of Wyoming into districts. The districtsshall be made a part of such brands and recorded in the state record as furtheridentification of sheep.
11-20-107. Brands; records kept by board; inspection thereof.
The board shall keep an accurate record ofall certified livestock brands, the names of the owners and their post officeaddresses, which shall be open to public inspection.
11-20-108. Recorded brand; certified copy deemed prima facie evidenceof ownership.
A certified copy of any brand recorded inthe office of the board is prima facie evidence of ownership of animals brandedtherewith for that species of livestock recorded by the board. The brand shallbe received as evidence of ownership in all legal proceedings involving titleto the animal.
11-20-109. Recorded brand; considered as property; subject to sale;written instrument required; acknowledgment and recording.
Anybrand recorded as required by law is the property of the person in whose nameit is recorded, and is subject to sale, assignment, transfer, devise anddescent as personal property. Instruments of writing evidencing sale,assignment or transfer shall be acknowledged and recorded in the office of theboard. Acknowledgment and recording of such instruments have the same effect asto third parties as the acknowledgment and recording of instruments affectingreal estate.
11-20-110. Recorded brand; bill of sale; when title vests.
Anyrecorded brand may be conveyed to another by a bill of sale executed by thevendor, properly acknowledged, but the conveyance is not complete nor doestitle to the brand vest in the vendee until the bill of sale is filed forrecord in the office of the board.
11-20-111. State brand book; contents.
The executive officer of the board shallprocure a suitable book, to be known as the state brand book, in which shall berecorded the brand and the definite place of the brand upon the animal, usedfor the branding of livestock in this state.
11-20-112. Brand book; publication; form and contents; distribution ofcopies; monthly lists and biennial supplements; costs; disposition of proceeds.
Theboard shall publish a brand book containing facsimiles or descriptions of allbrands recorded in Wyoming together with the owner's name and address. Thenames 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 tothe agency. At the end of each month, the board shall prepare lists of thebrands recorded during that month and shall issue biennial supplements to thebrand book which shall supersede and cumulate the monthly lists issued duringthe biennium. The board may publish and sell brand books, lists andsupplements. The proceeds from the sales shall be deposited in the accountcreated by W.S. 11-20-405.
11-20-113. County clerk prohibited from recording brands.
It is unlawful for any county clerk in thisstate to record any brand or bill of sale of any brand.
11-20-114. Use of unrecorded or abandoned brand prohibited; failure torecord deemed abandonment.
(a) No person shall claim or own any brand which has not beenrecorded in the office of the Wyoming livestock board. Failure to record abrand is an abandonment of the same. No person shall claim or use any abandonedbrand until after he has caused the same to be recorded as required by law.
(b) Any person violating subsection (a) of this section shallbe 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, everytenth year after recording a brand, every owner of a brand shall rerecord thebrand, 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 bymail, at the address shown on the brand records, the party owning the brandthat the brand must be rerecorded and if the brand has not been rerecordedwithin sixty (60) days from the expiration date of the brand will be declaredabandoned and will be allowed to other applicants.
(b) Every owner of a brand shall rerecord the brand. The termof the rerecording period shall not exceed the term established by this sectionand the method of renewal shall be established by the board. The renewal feeshall be as established by W.S. 11-20-116 and shall be prorated by the boardfor any renewal less than ten (10) years. The board shall promulgate rules andregulations necessary to carry out the provisions of this section.
(c) After the rerecording periods established by the boardunder subsection (b) of this section, every owner of a brand shall rerecord thebrand 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 ofbrand; recording bill of sale deemed renewal.
(a) For renewing any brand previously recorded and issuing acertificate of renewal, the board shall charge not less than three hundreddollars ($300.00). The fee shall cover any additional species of livestock forwhich the brand was previously recorded.
(b) For recording a bill of sale or other instrumenttransferring ownership of a recorded brand and issuing a certificate oftransfer, not less than one hundred dollars ($100.00) shall be charged for eachrecorded brand.
(c) The recording of a bill of sale or other instrumenttransferring ownership of a recorded brand during any renewal period shall notserve as a renewal of the brand. Transfer of ownership and renewal of a brandare separate transactions, for each of which the appropriate fee will becollected.
(d) Repealed By Laws 1996, ch. 25, 2.
(e) The fees collected pursuant to this section shall bedeposited in the account created by W.S. 11-20-405.
(a) It is unlawful for any person in Wyoming to identifylivestock with a brand not recorded in his name when the brand is a duplicate ofor in conflict with any brand lawfully recorded in Wyoming for the same speciesof livestock.
(b) Anyone violating subsection (a) of this section shall bepunished as provided in W.S. 11-1-103.
11-20-118. Drover's stock; to be kept separate.
Every stock drover shall keep his livestockseparate and distinct from other livestock, and if his livestock becomes mixedwith 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 hislivestock from trespassing upon the property of another and from damaging anyirrigating ditch or public works. No drover or other person who in good faithremoves or attempts to remove livestock from any road, highway or right-of-wayis 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 drivelivestock away from its home range without authority from the owner of thelivestock.
11-20-121. Penalties for failure to comply with certain provisions.
Any person violating or failing to complywith the provisions of W.S. 11-20-102, 11-20-110 or 11-20-118 through 11-20-120shall be imprisoned in the county jail not exceeding six (6) months, or finednot less than twenty-five dollars ($25.00) or more than five hundred dollars($500.00), or both.
11-20-125. Use of a seasonal brand; application for an annual permit touse an out-of-state brand.
(a) A person may apply to the board for permission to use hisout-of-state brand on cattle, provided the brand is legally registered in thestate of origin. If a conflict is found with a registered Wyoming brand theboard, notwithstanding W.S. 11-20-104 and 11-20-117 and as established by ruleand regulation, may authorize use of the brand and require further identification.The permit shall be valid for a one hundred eighty (180) day period during thecalendar year. The permit is not transferable. The annual fee for the permitshall be the same as the fee for a new brand as prescribed in W.S. 11-20-103.The permit may be issued and renewed annually if the board finds therequirements of this section are met:
(i) The applicant shall agree to restrict a permittedout-of-state brand on calves born to cattle imported for grazing purposes,yearling, feeder or stocker cattle imported for feeding or grazing or cattleconsigned to a commercial feedlot. "Calves" for purposes of thissection means calves less than six (6) months old and running at their mother'ssides;
(ii) The applicant shall supply the brand inspector proof ofownership of the cattle at the time of brand inspection and shall show proofthat the out-of-state brand is currently registered either by brand card orbrand certificate from the state of issue; and
(iii) If the permit is issued, the permittee shall pay for allnecessary brand inspections as prescribed by law.
(b) If there are written complaints to the board from three (3)or more affected parties, the board shall investigate the complaints and takeappropriate action.
(c) The board may promulgate rules and regulations necessary tocarry out the provisions of this section.
ARTICLE 2 - INSPECTION FOR BRANDS
11-20-201. Designation of contract services to implement brandinspection laws; bond required; bond of inspectors; interstate cooperative agreements.
(a) The board may designate an agency or contract for servicessubject to rules and regulations of the board, to exercise the rights, powersand duties provided by law with respect to inspection of brands and ownershipof the animals mentioned herein.
(b) The agency, or the board may contract for inspectors as theboard deems necessary to carry out specified duties. The board may contract forinspectors through an individual at-will contract. The board may contract toprovide the inspector salary, mileage, per diem and other necessaryreimbursable expenses, membership in the state employees' and officials' groupinsurance plan in accordance with W.S. 9-2-1022(a)(xi)(F)(IV) and 9-3-207, andthe state retirement system in accordance with W.S. 9-2-1022(a)(xi)(F)(IV) and9-3-412. The board shall be authorized to establish mileage rates withoutregard to the limitations provided in W.S. 9-3-103. During the time thatinspectors are acting within the scope of their duties on behalf or in serviceof the state in their official capacity, inspectors are covered by theprovisions of the Wyoming Governmental Claims Act, W.S. 1-39-101 through1-39-120, 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 deemsappropriate. A blanket bond or individual bonds shall be executed to the statewith good and sufficient surety in an amount determined by the board,conditioned for the full and faithful performance and discharge of the inspector'sduties. The bond shall be approved by and filed in the office of the board.
(c) The board may enter into cooperative agreements wherevereconomically feasible with the proper authorities of other states for theenforcement and implementation of the Wyoming brand laws. Brand inspectionsperformed in accordance with such a cooperative agreement is a Wyoming brandinspection within the meaning of the brand inspection laws of this state. Forpurposes of this subsection, the brand inspection need not be performed by aWyoming 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 andrecording inspections for brands and ownership, and any substitutes orfacsimiles are invalid. The agency of the board shall keep on file in itsoffice copies of inspection certificates. The board shall make rules andregulations governing inspections for brands and ownership as necessary,consistent with the laws of Wyoming.
(b) The board shall enforce the brand inspection provisions ofthis act. No agent of the board exercising ordinary care and precaution inperforming his duties is liable for any damage or loss that may be incurredthereby.
11-20-203. Inspection of brands at time of delivery or removal;certificate required; lack thereof.
(a) Except as hereafter provided or except as provided in W.S.11-20-211, 11-20-224 and 11-20-230, it is unlawful for any person, firm,partnership, corporation, or association to sell, change ownership or to removeor cause to be removed in any way from any county in Wyoming to any other stateor country, any livestock unless each animal has been inspected for brands andownership at the time of delivery or removal by an authorized Wyoming brandinspector and a proper certificate of inspection or clearance has been issued.
(b) Transporting livestock across state lines without firsthaving had such inspection and having obtained such certificates is prima facieevidence of intent to avoid inspection and to steal, take and carry away theanimals and is punishable as provided in W.S. 6-3-402.
(c) Except as hereafter provided or except as provided in W.S.11-20-211, 11-20-217, 11-20-224 and 11-20-230, it is unlawful for any person,firm, partnership, corporation or association to remove or cause to be removedin any way from any county in Wyoming to any other county, any livestock unlesseach animal has been inspected for brands and ownership at the time of deliveryor removal by an authorized Wyoming brand inspector and a proper certificate ofinspection or clearance has been issued, except where the board has establishedbrand inspection zones for each species of livestock. Brand inspection zonesmay encompass an area based on multiple contiguous counties or the entirestate, as determined by the board. Brand inspection zones shall be reviewedand reauthorized annually by the board and shall be in effect for a calendaryear.
11-20-204. Inspector not to inspect his own livestock; penalty.
It is unlawful for any inspector to issue acertificate of inspection covering livestock owned by him or in which he hasany financial interest, and any violation of this provision is punishable as amisdemeanor.
11-20-205. Procedures generally; estrays.
(a) Except as otherwise provided, before selling, changingownership or removing any livestock from any county of Wyoming, the personselling, changing ownership or intending to cause removal shall notify theinspector of the date of the intended removal and the time and place when andwhere the required inspection for brands and ownership can be made. The inspectionshall be made within a reasonable time prior to shipment. The person in chargeof the livestock shall hold the livestock at the place designated until thelivestock have been inspected and an official certificate of inspection isissued. The person in charge shall render the inspecting officer suchassistance as is practicable while the required inspection is being made.
(b) Upon being notified of the intention of any person to sell,change ownership or remove from the county any livestock when a priorinspection is required by law, the inspector notified shall go to the placedesignated at the time agreed upon, and make an inspection for brands andownership of the livestock.
(c) The inspection shall only be done under conditions thatallow the inspector, at the sole discretion of the inspector, to adequatelyview the livestock for the purpose of determining brands. The inspector shalllist 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 mayrequire from the person in charge proof of ownership of the livestock to beremoved from the county, by brand record, bill of sale or the affidavits of atleast two (2) responsible citizens of the county who are not interestedfinancially in the animals. If ownership of any of the livestock is not claimedby the person intending to remove them from the county, then writtenauthorization from the owner for such removal is required.
(d) Estrays, the ownership of which is unknown, shall not beremoved from the county except by order of the inspector in accordance withW.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 livestockfor brands and ownership, shall record the inspection upon a form furnished bythe Wyoming livestock board. When completed and signed by the inspector and theowner of the livestock or the owner's designee, the form is a certificate ofinspection authorizing the removal from the county of the livestock listed. Theinspector shall deliver a copy of the certificate to the person in charge ofthe livestock. If movement is to be by truck, a copy of the certificate shallbe delivered by the person in charge of the animals to the driver or person incharge of the truck or trucks, and shall be kept in the latter's possessionuntil the livestock are delivered at the final destination as shown on the certificateof inspection, and shall be exhibited upon request to any person authorized toenforce the brand inspection laws of this state.
(b) Failure or refusal by the driver of any vehicle to exhibita certificate of inspection or a properly executed shipper's certificate andagreement or permit listing the livestock being transported within the state,is justification for any authorized person to hold the vehicle and thelivestock, at the carrier's or the shipper's expense, until the carrierestablishes his right to transport the livestock. If the carrier cannotestablish his right to transport the livestock within twelve (12) hours, thevehicle and livestock shall be impounded as provided by W.S. 11-20-228, pendingcomplete investigation and disposition as provided by law.
11-20-208. Proof of prior ownership; penalties for furnishing falseproof.
(a) When the proof of ownership inspection is used, inspectorsshall require proof of ownership of livestock upon change of ownership asprovided by W.S. 11-20-203(a) and an instrument evidencing such ownership shallbe delivered by the shipper to the inspector who shall attach it to the formand return it to the agency.
(b) The furnishing of false proof of prior ownership isprobable cause for investigation of a felony offense being committed. Alllivestock involved shall be remanded to the custody of the Wyoming livestockboard pending the outcome of the investigation and criminal charges, if any.Costs incurred for maintenance of the livestock involved shall be paid by theperson who furnished false proof of ownership. Should the investigation showthe only offense involved is furnishing false proof of ownership, the personfurnishing 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 fornot more than six (6) months, or both.
11-20-209. When inspection not required.
No inspection for brands and ownership isrequired for livestock originating in another state, territory or country andbeing transported through Wyoming by common carrier or contract carrier ininterstate 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 thissection, no inspection for brands and ownership is required of livestock beingimported into Wyoming if the livestock are transported or driven directly frompoint of entry into Wyoming to a destination within Wyoming and the person incharge of, or having custody of the livestock has in his possession writtenauthority to transport or drive the livestock from the state, territory orcountry of origin to a destination in Wyoming and written evidence that allhealth and quarantine regulations of Wyoming have been complied with. Suchwritten evidence shall be shown upon request to any officer authorized toenforce the brand inspection laws.
11-20-211. When inspection not required; contiguous range.
No inspection for brands and ownership isrequired for livestock being moved to their accustomed range which is on bothsides of but contiguous to any county or state line, for the purpose ofpasturing or feeding same. The word "contiguous" means actuallytouching, bordering or abutting upon, and this section shall not be construedto exempt from inspection livestock whose accustomed range is near or in closeproximity 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 forthe movement of livestock from a location in Wyoming to a noncontiguouslocation in another county provided the applicant and the ranch meet therequirements of this subsection and criteria established by rules of the board.The movement shall be for the purpose of pasturing, grazing, feeding thelivestock, veterinary care, commercial lease or use or other board approvedmovement that is considered necessary for normal ranch management operatingconditions. 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 Wyomingresident lessees of qualified ranch lands headquartered within Wyoming or theirauthorized employees. As used in this section, a "qualified ranch"means a ranch that has been used for a period of time or purpose specified bythe board and which use can be verified by brand inspection records. A permitmay be denied by the board after a finding that the person applying for apermit has violated a brand inspection law, including a provision of thissection or a board rule or regulation.
(b) The fee imposed by W.S. 11-20-402 shall be collected at thetime of the issuance of the permit under this section. If a change of ownershipoccurs before the livestock is returned to the county of origin pursuant to apermit issued under this section, the owner shall notify a brand inspector foran inspection of the livestock and shall pay all fees imposed under W.S.11-6-210 and 11-20-401.
(c) Repealed By Laws 2010, Ch. 69, 204.
(d) The board shall promulgate rules and regulations necessaryto carry out the provisions of this section.
(e) Unless specifically reauthorized by the legislature priorto July 1, 2005, rules and regulations promulgated by the board pursuant tothis section prior to July 1, 2005 shall on, and after, July 1, 2005 be void.
11-20-213. Repealed By Laws 2007, Ch. 105, 2.
11-20-214. Brand inspector may inspect at his discretion; voluntaryinspections.
(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 andownership of livestock in his possession at any time. The inspection feeprescribed by W.S. 11-20-401 shall be collected by the brand inspector.
11-20-215. Repealed By Laws 2007, Ch. 105, 2.
11-20-216. Procurement, form, contents and validity of truck-fleetshipment permit.
When a shipment of livestock is to be madein 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, oron any single permit required by law, the person in charge of the shipmentshall obtain a truck-fleet shipment permit. The board shall prepare the formand contents of the permit. The permit is valid only for the shipment specifiedand 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 priorinspection for brands and ownership is required of horses, mules, cattle orsheep being or about to be transported to any open market where Wyoming brandinspection 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 suchopen market shall fill out and sign a certificate on a form approved by theboard. The form shall include an agreement providing that the livestock listedon the certificate will not be diverted en route from the destination shownunless and until an inspection for brands and ownership has been made by anauthorized Wyoming brand inspector, unless the diversion is to an open marketwhere Wyoming brand inspection is maintained or where a brand inspection ismade which substantially complies with the brand inspection laws of this statepursuant to an agreement entered into under W.S. 11-20-201(c). It shall furtherprovide that in case of diversion of all or any part of the shipment thelivestock diverted will be held at some convenient place, separate and apartfrom other livestock, until inspected, and the shipper will pay the necessaryexpenses incurred by the inspector and the legal inspection fees. The boardshall establish a fee to be charged for use of the form authorized by thissection. 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 requiredby W.S. 11-6-210 have been paid in full and may be collected at the time theform is issued by the issuing party. A blanket bond or individual bonds shallbe executed to the state with good and sufficient surety in an amountdetermined by the board, conditioned for the full and faithful performance ofany issuer of the forms and collecting of fees pursuant to this section.
(c) Except on demand of the shipper, the inspector is notrequired to inspect any horses, mules, cattle or sheep, consigned directly toany open market where Wyoming brand inspection is maintained. If the shipperdemands a prior inspection, the inspection shall be made and the legalinspection fee charged and collected. Inspection at point of origin does notexempt the shipment from inspection for brands and ownership, nor the shipperfrom 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 theWyoming Administrative Procedure Act, and a finding that the person to whom thepermit is granted has violated any of the brand inspection laws.
11-20-218. Repealed By Laws 2007, Ch. 105, 2.
11-20-219. Certificates and agreements in lieu of inspection; filingand distribution of copies.
(a) After a certificate and agreement listing a shipment ofhorses, mules, cattle or sheep to be transported by common or contract carrierhas 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 retainedby the owner or his agent until the animals have been delivered at thedestination shown and shall then be delivered by him to the Wyoming brandinspector 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 anyperson authorized to enforce the brand inspection laws.
11-20-220. Diverted shipments; notice thereof.
Should any shipment or any part of ashipment of horses, mules, cattle or sheep listed on a certificate andagreement consigned to an open market be diverted en route from the destinationshown, the railroad, trucking firm, trucker or private carrier transporting theshipment shall notify the Wyoming brand inspector at the original destinationand the agency that such diversion has been ordered and made. The notice shallbe sent within twenty-four (24) hours after diversion is ordered. If thediversion is ordered and made before the shipment leaves Wyoming, the requiredinspection for brands and ownership shall be made by any Wyoming brandinspector. If the shipment has left Wyoming, the inspection shall be made by abrand inspector having authority to inspect Wyoming livestock outside thestate.
11-20-221. Common carriers not to receive livestock for transportationwithout certificate.
Except as otherwise provided, it isunlawful for any railroad, trucker or other common or contract carrier, or any personto receive for transportation or to transport any horses, mules, cattle orsheep from any county in Wyoming to any other county, state, territory orcountry, until furnished with an official certificate of inspection, filled outand signed by an authorized inspector, showing the horses, mules, cattle orsheep to be transported have been inspected for brands and ownership.
11-20-222. Unbranded calves; inspection at request of stockman; fee.
All calves unbranded or wearing unpealedbrands shall be shown to the inspector at the point of origin and at theirmother's side, upon written request of a bona fide Wyoming stockman from theimmediate area to the district brand supervisor of that area, made at leastfive (5) days prior to shipment, or upon request of an authorized brandinspector. When inspection is requested, it shall be made immediately beforeloading and shipping the calves. The seller or shipper shall report to theinspector the name and address of the owner and shipper at destination of shipment,mode of transportation and the name and address of the consignee. The inspectorshall record and file the same with the board or its agency. If shipment is toa market where Wyoming brand inspection is maintained, the usual fee shall becharged for sale ring inspection.
11-20-223. Out-of-state accustomed range permits.
(a) The board may issue an out-of-state accustomed range permitfor the movement of livestock from an accustomed range or ranch in Wyoming to anoncontiguous accustomed range or ranch in another state provided the applicantand the accustomed range meet the requirements of this subsection and criteriaestablished by rules of the board. The movement shall be for the purpose ofpasturing, grazing, ranging or feeding the livestock or other board approvedmovement that is considered necessary for normal ranch management operatingconditions. 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 residentlessees of ranch lands headquartered within Wyoming or their authorizedemployees. As used in this section, an "out-of-state accustomed range orranch" means a range or ranch that has been used for a period of time orpurpose specified by the board and which use can be verified by brandinspection records. A permit may be denied by the board after a finding thatthe person applying for a permit has violated a brand inspection law, includinga provision of this section or a board rule or regulation.
(b) No person shall move animals pursuant to a permit underthis section until a brand inspector has inspected the animals and collectedthe fee imposed by W.S. 11-20-402. The owner of livestock moved under thepermit shall attest in writing that it is intended that the livestock shall bereturned to this state prior to a change in ownership. If a change ofownership occurs before the livestock are returned to this state, the ownershall notify the brand inspector who performed the inspection and shall pay allfees imposed under W.S. 11-6-210 and 11-20-401 with credit granted for any feeimposed by W.S. 11-20-402(a)(viii).
(c) Repealed By Laws 2010, Ch. 69, 204.
(d) The board shall promulgate rules and regulations necessaryto carry out the provisions of this section.
(e) Unless specifically reauthorized by the legislature priorto July 1, 2004, rules and regulations promulgated by the board pursuant tothis section prior to July 1, 2004 shall on, and after, July 1, 2004 be void.
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 apermanent brand inspection certificate authorizing movement of the livestockintrastate or interstate, valid for the life of the livestock or until a changeof ownership takes place, upon approval of a proper application in writing byan authorized Wyoming brand inspector. The application shall contain, or beaccompanied by, valid proof of ownership of the livestock by the applicant, andshall include a thorough physical description including all brands carried bythe livestock and all distinguishing marks or markings. The possession of avalid permanent brand inspection certificate shall constitute prima facieevidence of ownership. Upon any change in ownership the certificate is void.
(a) The owner of a horse or livestock used for rodeo, show,racing, pleasure or farm or ranch work in Wyoming which is permanently andindividually 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 ofthe horse described therein. Upon any change of ownership the certificate isvoid 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 becharged 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 movementpermit issued pursuant to W.S. 11-20-224 or 11-20-225 is not valid unlesssigned by an authorized representative of the board and by the permit holder.The certificate shall be in the possession of the person transporting the horseand shall be shown on request to any person authorized to enforce the brand inspectionlaws.
11-20-227. Fraudulent use of inspection certificate and movementpermit; penalties.
Fraudulent use of an inspection certificateand movement permit issued pursuant to W.S. 11-20-224, 11-20-225 or 11-20-230is punishable by a fine of not more than one hundred dollars ($100.00) or byimprisonment for not more than thirty (30) days, or both. The fraudulent use ofan inspection certificate and movement permit issued pursuant to W.S.11-20-224, 11-20-225 or 11-20-230 is probable cause to investigate thecommission of a felony, and the provisions of W.S. 11-20-228 may be invokedpending the outcome of the investigation and court proceedings, if any.
11-20-228. Impounding of vehicles; lien.
Any vehicle used in the transportation oflivestock in violation of this act may be impounded pending determination ofthe violation by a court. Upon conviction of the owner of the vehicle, or theowner of the livestock being transported, any expense incurred by an authorizedofficer for towing the vehicle or for feed and care of the livestock is a lienupon 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 and 11-20-230 for which there is no specificpenalty prescribed is punishable as provided in W.S. 11-1-103.
11-20-230. Livestock seed stock and exhibitors permit; fees; transfers;reports; enforcement.
(a) Any Wyoming livestock producer who raises and marketslivestock for the purpose of providing breeding seed stock or exhibitionanimals, as defined by the board for purposes of this section, may apply to theboard for a livestock seed stock or exhibition stock permit. The fee shall befifty dollars ($50.00) per permit. The permit shall be valid for the calendaryear issued and no transactions or shipments shall be authorized until a permithas been issued.
(b) After receiving a certificate of inspection from a Wyomingbrand inspector, the livestock producer may sell or change ownership of thelivestock provided the livestock are branded with the livestock producer'srecorded Wyoming brand and the animals can be individually identified by aboard approved method. The livestock may then be legally shipped or removedfrom any county in Wyoming to any other county, state or country, provided theyare accompanied by a board authorized bill of sale and a board issued fleetpermit which references the prior certificate of inspection pursuant to W.S.11-20-216.
(c) The permit holder shall report all transactions andmovements and shall pay any applicable fees authorized pursuant to W.S.11-6-210, 11-37-106 and 11-37-107 to the brand inspector who issued theoriginal brand certificate, or any other designated agent of the board, withinthree (3) working days of the transaction.
(d) Failure to comply with this section or any other applicablelaw or board rule shall be grounds for the revocation of the permit and shallbe punished pursuant to W.S. 11-1-103. Providing false proof of ownershipshall be grounds for the revocation of the permit and shall be punishedpursuant to W.S. 11-20-208. All livestock covered under the permit authorizedunder this section are subject to reinspection by a board authorized brandinspector and any applicable fees shall be assessed.
ARTICLE 3 - KILLING ANIMALS TO ASCERTAIN OWNERSHIP
11-20-301. When authorized.
If in the opinion of any authorized brandinspector or sheriff a mark or brand upon any livestock has been fraudulentlyaltered, obliterated or defaced so the original mark or brand cannot bedetermined by external inspection, the brand inspector or sheriff may seize andkill the animal to ascertain the mark or brand altered or defaced.
11-20-302. Sale of carcass.
The carcass of any animal killed exceptsuch part as is retained for evidence, shall be promptly sold at public orprivate sale by the stock inspector or sheriff, and the proceeds paid into thegeneral fund of the county in which the animal was killed.
ARTICLE 4 - INSPECTION FEES AND TAXES
11-20-401. Brand inspection fees generally.
(a) Except as otherwise provided, each livestock inspectorshall at the time of inspecting for brands and ownership collect inspectionfees in an amount established by the livestock board but not less than:
(i) One dollar and twenty-five cents ($1.25) per head on allcattle including unbranded animals, and including the hide or carcass;
(ii) Twenty-five cents ($0.25) per head on all sheep, includingany hide or carcass;
(iii) Nine dollars ($9.00) per head for the first ten (10) headof horses, asses or mules inspected, including any hide or carcass and onedollar and twenty-five cents ($1.25) for each additional horse, hide or carcassinspected at the same time and place; and
(iv) A six dollar and twenty-five cent ($6.25) surcharge perinspection by the livestock inspector. The livestock board shall promulgaterules and regulations to identify conditions under which this surcharge may bewaived.
(b) Repealed By Laws 2010, Ch. 69, 204.
11-20-402. Miscellaneous inspection fees.
(a) Except as otherwise provided, the board shall establishand, through its authorized inspectors, shall collect fees for the following ofnot less than:
(i) Repealed By Laws 2007, Ch. 105, 2.
(ii) Repealed By Laws 1996, ch. 25, 2.
(iii) One dollar and twenty-five cents ($1.25) for eachcertificate issued to a hide buyer as required by W.S. 11-23-204;
(iv) Repealed By Laws 1996, ch. 25, 2.
(v) Fifteen dollars ($15.00) for each permanent brandinspection and movement permit issued pursuant to W.S. 11-20-224;
(vi) Twelve dollars ($12.00) for the first ten (10) head oflivestock inspected and one dollar and fifty cents ($1.50) for each additionalhead inspected under the annual brand inspection and movement permit issuedpursuant to W.S. 11-20-225;
(vii) Repealed by Laws 1990, ch. 87, 3.
(viii) For an accustomed range permit under W.S. 11-20-223, anamount equal to twenty-five percent (25%) of the inspection fees as establishedby the board pursuant to W.S. 11-20-401(a)(i) through (iii);
(ix) A six dollar and twenty-five cent ($6.25) surcharge perinspection by the livestock inspector. The livestock board shall promulgaterules and regulations to identify conditions under which this surcharge may bewaived;
(x) The fee for an accustomed range permit under W.S.11-20-212, of not less than fifty dollars ($50.00);
(xi) Actual hourly cost plus mileage for any nonmandatoryinspections requested by a livestock owner. The hourly cost shall be asdetermined by the board and the mileage cost shall be as provided by W.S.9-3-103.
(b) Repealed By Laws 2010, Ch. 69, 204.
(c) The board may establish and, through its authorizedinspectors, collect fees from the livestock owner or other responsible partynot to exceed the actual cost of any additional necessary reimbursable expensesincluding transportation, supplies or equipment rental relating to servicesrequired by the board. "Reimbursable expenses" for the purposes ofthis subsection shall mean expenses necessary to provide for the immediatesafety of the public and livestock for which the board has authority. Thissubsection shall not apply to those services authorized under W.S. 11-20-401.
11-20-403. Repealed by Laws 1990, ch. 87, 3.
11-20-404. Report of receipts and expenses.
(a) The board shall on or before the first Monday in Augusteach year present a written report to the director of the state department ofaudit, which shall contain:
(i) A statement of funds received from inspection fees andother fees collected under W.S. 11-20-201 through 11-20-230, 11-20-401 and11-20-402;
(ii) A statement of expenses of inspection, including salariesand expenses of inspectors, and that part of the expense of the agency, if any,incurred in administering the brand inspection laws;
(iii) The amount by which inspection expenses have exceeded therevenues for the fiscal year ending June 30;
(iv) An estimate of future expenses for the forthcoming year,which will become due and payable prior to the receipt of the amounts providedfor herein to pay them.
(b) Repealed by Laws 1990, ch. 87, 3.
11-20-405. Collection and disposition.
(a) Any funds appropriated by the legislature and all feescollected pursuant to W.S. 11-20-101 through 11-20-124, 11-20-201 through11-20-230, 11-20-401 and 11-20-402 shall be remitted to the state treasurer fordeposit in the inspection account. Interest earned by the account shall beretained in the account. Monies within the account are subject to legislativereview and appropriation for use and expenditure by the board. Itemizedvouchers shall be submitted to the chief executive officer of the board forapproval. Upon approval, a warrant for the payment of each voucher shall beissued by the state auditor for payment from the inspection account. The boardshall expend monies from the account created by this section only for thepurposes authorized by W.S. 11-20-201 through 11-20-230, and 11-20-101 through11-20-124.
(b) After March 1, 2006, all costs of operating andadministering the brand inspection and recording programs shall be paid fromany funds appropriated by the legislature, any applicable grant funds and thefees collected and deposited into the account created by subsection (a) of thissection.
(c) Repealed By Laws 2010, Ch. 69, 204.
11-20-406. Repealed by Laws 1990, ch. 87, 3.
11-20-407. Repealed by Laws 1990, ch. 87, 3.
11-20-408. Examination of agency records; report.
(a) The director of the state department of audit or hisdesignee shall examine the records and accounts of any agency appointed by theboard to administer the brand inspection laws, and report to the governor inthe same manner as for the examination of records and accounts of public officers.
(b) The board shall adopt an annual fiscal year budget for thebrand registration and inspection program. The budget shall include anydeficit amount from the prior year and may include an operating reserve not toexceed one (1) year for that portion of the program to be funded by user fees. Based on the budget adopted under this subsection, the board shall set the userfees for all activities under the program at no less than the minimum feesprovided for in this chapter. Each fee may be adjusted not more than one (1)time per fiscal year and by not more than twenty percent (20%) in any one (1)fiscal year. The board shall report annually by November 1 to the jointagriculture, state and public lands and water resources interim committee withrespect to the budget adopted and fees set under this subsection.
11-20-409. Issuance of certificate.
All fees required by W.S. 11-6-210,11-20-201 through 11-20-230, 11-20-401 and 11-20-402 shall be due and payableupon the issuance of a certificate of brand inspection or clearance. No feesrequired by W.S. 11-6-210 shall be collected on the same livestock more thanonce in any twelve (12) month period.
