Wyo. Code R. 051-0001-9
General Agency, Board or Commission Rules
Chapter 9: Brand Inspection Fee
Effective Date: 07/22/1994 to 11/30/1994
Rule Type: Superceded Rules & Regulations
Reference Number: 051.0001.9.07221994
Date Filed 07/22/94
Expr Date 11/19/94
Supr Date
Repeal Date
Document Type EMRGRULE
Section 1. Authority. Pursuant to the authority vested in the Wyoming Livestock Board by virtue of W.S. 11-20-201 through W.S. 11-20-229 and W.S. 11-20-401 through W.S. 11-20-408 the following rules and regulations are hereby promulgated.
Section 2. Purpose. The purpose of these rules is to define the terms and procedures for implementing the sections of House Enrolled Act 47 effective July 1, 1990, and House Bill 81 effective July 1, 1994, which pertain to establishing fees to fund brand inspection and predator control. These rules specifically do not address state and district predator boards which are addressed in county rules.
Section 3. Definitions. For the purposes of implementing the brand inspection program, the definitions in W.S. 11-20-101 and the following definitions are applicable:
(a) Bona fide owner - one who possesses a bill of sale, a sale barn receipt of ownership or a brand evidencing ownership of livestock.
(b) Bona fide Wyoming resident - a United States citizen who has been a resident of Wyoming and domiciled in Wyoming for not less than one (1) year and who has not claimed residency elsewhere for any purpose during that one (1) year period. Having a Wyoming mailing address shall not alone prove Wyoming residency. "Resident" also includes any alien who has resided continuously in Wyoming for at least one (1) year.
Section 4. Predatory Animal Control Fees.
(a) Except for out-of-state sheep and cattle consigned for immediate sale in a licensed or exempted market facility and outof-state sheep and cattle entering a commercial feedlot as defined in W.S. 11-6-210(f), the predatory animal control fee shall be:
(b) Out-of-state sheep and cattle consigned for immediate sale in a licensed or exempted market facility and out-of-state sheep and cattle entering a commercial feedlot as defined in W.S. 11-6-210(f) shall pay no predatory animal control fee.
(c) The predator control fee shall be collected once every 12 months regardless of ownership on all cattle and sheep inspected except as provided in Section 4(a) above unless the owner shows proof of payment at time of inspection.
(a) Any person authorized to collect funds under W.S. 11-6-210, 11-20-401, 402, 11-20-225, 11-20-201, 11-20-217, 11-20-229 shall post individual bonds in an amount determined by the board or shall post a blanket bond specifically naming individual persons in an amount determined by the board.
(a) Livestock shipped from Wyoming to an approved out-of-state livestock market on the form authorized by W.S. 11-20-217 (G Form) shall pay the difference between $1.00 and the amount charged at the point of inspection. The total charge shall not exceed $1.00.
(i) Those who collect the 'G Form' fee shall be bonded in an amount determined by the board.
(a) Pursuant to 11-20-401(a), the general brand inspection fee is:
(i) One dollar ($1.00) for all cattle inspected on 'A and B forms' except those which qualify for the 'G form' authorized by W.S. 11-20-217 and the accustomed range permits.
(ii) Twenty cents ($.20) per head on all sheep inspected on 'A and B forms' except unbranded and undocked lambs running with their mothers.
(iii) Five cents ($.05) per head for sheep inspected in a commercial feedlot.
(iv) Five dollars ($5.00) per head for the first ten head of horses inspected on the 'A and B forms' and one dollar ($1.00) for each additional horse inspected at the same time and place.
(v) Three dollars ($3.00) surcharge per inspection except when no mileage is incurred by the brand inspector or the inspection is done at an approved licensed livestock market.
(b) Pursuant to 11-20-402(a), the general brand inspection fee is:
(i) Ten cents ($.10) for each hide inspected and tagged as required by W.S. 11-23-101.
(ii) One dollar ($1.00) for each certificate issued to a hide buyer as required by W.S. 11-23-204.
(iii) Thirty cents ($.30) for each horse, mule or cattle carcass and five cents ($.05) for each sheep carcass inspected as required by W.S. 11-23-304.
(iv) Twelve dollars ($12.00) for each permanent brand inspection and movement permit issued pursuant to W.S. 11-20-224.
(v) Five dollars ($5.00) per horse for the first ten (10) head inspected and one dollar ($1.00) for each additional head inspected under the annual horse brand inspection and movement permit issued pursuant to W.S. 11-20-225.
(vi) Three dollars ($3.00) surcharge per inspection except when no mileage is incurred by the brand inspector or the inspection is done at an approved licensed livestock market.
(a) If a brand inspector determines a permit holder is violating W.S. 11-20-212 (intrastate) or W.S. 11-20-223 (interstate) he may:
(i) Refer the matter to the Livestock Board for a hearing on the possible revocation or suspension of the permit as authorized in W.S. 16-3-107 through W.S. 16-3-115.
(ii) Determine that the public health, safety or welfare imperatively requires emergency action against the permit holder and immediately revoke or suspend the permit and refer the matter to the Livestock Board for a hearing authorized by W.S. 16-3-107 through W.S. 16-3-115.
(a) The free inspection authorized by W.S. 11-20-223(a) shall be available only:
(i) To applicants who attest that the livestock will be returned to Wyoming prior to a change of ownership.
(b) The application shall be revoked as authorized in W.S. 11-20-223(b) if an owner fails to comply with the terms of the application.
The foregoing summary was revised and approved on June 28, 1994, by Dr. Don Bosman, Wyoming State Veterinarian and Executive Officer of the Wyoming Livestock Board, Herschler Building, Cheyenne, Wyoming 82002, telephone number: (307) 777-7515.
This proclamation shall take effect and be in force from and after the 1st day of August, 1994, for 120 days.
IN WITNESS WHEREOF, I have set my hand caused the Great Seal of the State of Wyoming to be affixed at Cheyenne, Wyoming this 28 day of June, 1994.
By the Governor:
(signed) Mike Sullivan
MIKE SULLIVAN
Governor of the State of Wyoming
ATTEST:
(signed) Kathy Karpan
KATHY KARPAN
Secretary of State for Wyoming