This text of Wyoming § 11-19-106 (Removal of diseased animals; owner's claims) is published on Counsel Stack Legal Research, covering Wyoming primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(a)All claims against the state arising from the ordered
disposal of animals by the state veterinarian for scrapie,
brucellosis and tuberculosis, together with the order of the
veterinarian, shall be submitted to the state auditor who shall
examine them without unnecessary delay. For purposes of this
section, "disposal" means to sell, send to slaughter or destroy
the animal. For each claim he finds to be equitable and entitled
to indemnity under this chapter the auditor shall issue his
warrant on the state treasurer for the sum named in the claim.
All claims for indemnity arising under the provisions of this
chapter, before they are presented for payment to the auditor,
shall be submitted to the state veterinarian who shall fully
inform himself of the facts connected with each claim. The
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(a) All claims against the state arising from the ordered
disposal of animals by the state veterinarian for scrapie,
brucellosis and tuberculosis, together with the order of the
veterinarian, shall be submitted to the state auditor who shall
examine them without unnecessary delay. For purposes of this
section, "disposal" means to sell, send to slaughter or destroy
the animal. For each claim he finds to be equitable and entitled
to indemnity under this chapter the auditor shall issue his
warrant on the state treasurer for the sum named in the claim.
All claims for indemnity arising under the provisions of this
chapter, before they are presented for payment to the auditor,
shall be submitted to the state veterinarian who shall fully
inform himself of the facts connected with each claim. The state
veterinarian shall endorse on each claim his approval or
rejection and shall express in such endorsement the reasons for
his approval or rejection.
(b) If the state veterinarian rejects a claim it and the
reasons for rejection shall be submitted to a board of
arbitration consisting of three (3) members selected as follows:
(i) The state veterinarian shall select one (1) stock
grower who is a resident of the county where the ordered
disposed animal for which the claim is made ranged;
(ii) The claimant shall select one (1) stock grower
who is a resident of the same county; and
(iii) These two (2) shall choose the third member
from among the stock growers of the same county.
(c) The indemnity granted under this section shall be the
difference between the fair market value of the livestock and
the amount received for the sale, less any amount of
reimbursement provided for and paid under federal law and
regulation. Fair market value shall be determined by using
comparable sales data from state markets at the time of removal
or by the use of a qualified independent livestock appraiser as
designated by the state veterinarian. If no sale is transacted,
but an animal is removed for diagnostic purposes or disposal,
the reimbursement provided shall be the fair market value minus
any other reimbursement. Unless otherwise reimbursed, the cost
of shipping or transportation and commission charges shall be
added to the amount provided to the producer for livestock
indemnification. It shall be paid to the owner upon his
application and presentation of proofs prescribed herein within
six (6) months of the date of ordered disposal for which payment
is claimed. The claim shall be barred if not presented within
the time limited.
(d) Payments shall be made by the state treasurer from
funds appropriated to the animal reimbursement program account
under W.S. 11-19-118 and as provided by W.S. 11-19-109. The
right to indemnity is limited to animals destroyed by reason of
existence or suspected existence of some epizootic form of
infectious or contagious diseases, generally fatal or incurable.
(e) There is no right to indemnity and payment in the
following cases:
(i) For animals belonging to the United States;
(ii) For animals that are brought into the state
contrary to the laws of this state or the governor's import
proclamation;
(iii) For animals found to be diseased upon arrival
or that were exposed to the disease prior to their arrival in
the state under circumstances whereby the Wyoming owner knew or
should have known of such conditions;
(iv) When an animal was previously affected by any
other disease which from its nature and development was
incurable and necessarily fatal;
(v) When the owner or person in charge has knowingly
or negligently omitted to comply with W.S. 11-19-104 or
11-19-105; or
(vi) When the owner or claimant at the time of coming
in possession of the animal knew it to be diseased or received
the notice specified in W.S. 11-19-110.
(f) The Wyoming livestock board, in consultation with the
state veterinarian, shall promulgate rules and regulations for
the processing of claims under this section.
(g) Renumbered as 11-19-118 by Laws 2020, ch. 94, § 2.