Chapter 37 - Beef Council
CHAPTER 37 - BEEF COUNCIL
11-37-101. Legislative intent.
The legislature intends by this act toprovide the cattle industry with authority to establish a self-financed programto help market, develop, maintain and expand in the state, national and foreignmarkets for beef and beef products produced, processed or manufactured in thisstate, and the use and consumption of such beef and beef products.
11-37-102. Definitions.
(a) As used in this act:
(i) "Beef" includes veal;
(ii) "Beef products" include veal products;
(iii) "Board" means the Wyoming livestock board;
(iv) "Council" means the Wyoming beef council;
(v) Repealed By Laws 2009, Ch. 90, 3.
(vi) "Producer" means any person who owns or acquiresownership of cattle, provided a person shall not be deemed a producer if:
(A) The person's only share in the proceeds of a sale of cattleor beef is a sales commission, handling fee or other service fee; or
(B) The person:
(I) Acquired ownership of cattle to facilitate the transfer ofownership of the cattle from the seller to a third party;
(II) Resold the cattle no later than ten (10) days from the dateon which the person acquired ownership; and
(III) Certified, as required by the council, that therequirements of this subdivision have been satisfied.
(vii) "This act" means W.S. 11-37-101 through11-37-110.
11-37-103. Establishment; composition; appointment; term; removal;vacancies; reimbursement for expenses.
(a) There is created the Wyoming beef council. For administrativepurposes the council shall be within the department of agriculture. Thecouncil shall be composed of five (5) producers appointed by the governor. Thedirector of the department of agriculture or his designated representativeshall serve ex officio without vote. With advice of the council, the governormay designate one (1) or more additional representatives of the beef industryto serve ex officio without vote. The appointed council members shall consistof three (3) producers of range cattle, one (1) cattle feeder and one (1)dairyman. The governor may remove any member he appoints as provided in W.S.9-1-202.
(b) Upon the expiration of the term of an appointed member, asuccessor shall be appointed by the governor for a term of three (3) years. Ifa vacancy occurs, the governor shall appoint a person for the unexpired term.
(c) The governor shall declare the office of any appointedmember of the council vacant when he finds that:
(i) The member is no longer a producer;
(ii) The member is unable to perform his duties; or
(iii) The member has become a resident of another state.
(d) Members of the council shall serve without compensation butshall receive mileage and per diem as provided by law for state employees.
11-37-104. Powers and duties; employment of manager; duties of manager.
(a) The council shall:
(i) Receive and disburse funds under the provisions of this actto be used in administering the provisions of this act;
(ii) Annually elect a chairman from among its members. Nochairman shall succeed himself more than once;
(iii) Appoint a secretary-treasurer who may be from among itsmembers;
(iv) Meet regularly every four (4) months and at such othertimes as called by the chairman or when requested by three (3) or more membersof the council;
(v) Keep a permanent record of its proceedings and report tothe governor respecting its activities as required by W.S. 9-2-1014;
(vi) Establish and maintain promotion, information, educationand research programs to market, develop, maintain and expand state, nationaland foreign markets for beef and beef products produced, processed ormanufactured in Wyoming.
(b) The council may:
(i) Conduct or contract for scientific research to discover anddevelop improved marketing methods for beef and beef products, includingprograms of consumer education and protection;
(ii) Disseminate reliable information, founded upon research,showing uses or probable uses of beef and beef products;
(iii) Study state and federal legislation with respect totariffs, duties, reciprocal trade agreements, import quotas and other mattersconcerning the beef industry;
(iv) Sue and be sued as a council, without individual liability,for acts of the council within the scope of the powers and duties conferredupon it by this act;
(v) Enter into contracts to carry out the purpose of thecouncil as provided in this act, including contracts for promotion of beef andbeef products and development of new markets through such promotion;
(vi) Appoint advisory groups composed of representatives fromorganizations, institutions or business related to or interested in the welfareof the beef industry;
(vii) Make grants to research agencies for financing special oremergency studies, or for purchase or acquisition of facilities necessary tocarry out the purposes of the council;
(viii) Employ and remove for cause employees to assist in thedischarge of the duties authorized by this act;
(ix) Cooperate with any local, state or nationwide organizationor agency engaged in work or activities similar to or related to those of thecouncil, and enter into contracts with such organizations or agencies forcarrying on joint programs;
(x) Act jointly and in cooperation with the state or federalgovernment, or both, or any agency thereof in the administration of any programof the government or of a governmental agency deemed by the council asbeneficial to the beef industry of this state and expend funds in connectiontherewith;
(xi) Adopt rules and regulations necessary to carry out theprovisions of this act;
(xii) Adopt, rescind, modify or amend all proper regulations,orders and resolutions for the exercise of its powers and duties.
11-37-105. Authority to accept grants.
The council may accept grants, donations,contributions or gifts from any source for expenditures for any purposeconsistent with the powers and duties conferred on the council.
11-37-106. Contributions allowed.
From the funds it receives, the council maypay or contribute to organizations such as, but not limited to, the nationallivestock and meat board, to carry out work and programs approved by thecouncil.
11-37-107. Creation of account; collection of additional brandinspection fee; disposition of proceeds.
(a) All monies received by the council shall be deposited inthe state treasury. The state treasurer shall deposit the monies to the creditof the beef council account. Interest earned on monies in the account shall bedeposited to the credit of the account. All monies in the account includingearned interest shall be expended only for the purposes authorized by this act.
(b) In addition to the brand inspection fee provided in W.S.11-20-401 the board shall collect an additional amount not to exceed onedollar ($1.00) per head on cattle and calves under the same authority and atthe same time, place and manner as brand inspections are made excluding cattleand calves being inspected when no change in ownership is involved. Feescollected by the board shall be deposited with the state treasurer to thecredit of the account created by subsection (a) of this section. Moniesreceived by the council under this subsection shall be used to administer thisact.
(c) The council shall at the end of each month reimburse thelivestock board for collection and administrative costs incurred by the boardin collecting the fee under subsection (b) of this section. The amountreimbursed shall equal three percent (3%) of the fees collected during themonth and shall be deposited with the state treasurer to the credit of theboard's inspection account created by subsection (a) of this section.
11-37-108. Failure to pay or remit monies due or collected; penalty.
Any person who fails to pay or remit anymonies, due or collected, as provided in this act, is guilty of a misdemeanorand upon conviction may be fined not to exceed seven hundred fifty dollars($750.00).
11-37-109. Repealed by Laws 1989, ch. 112, 2.
11-37-110. Surety bond required to receive or disburse funds.
Any person authorized by the council toreceive or disburse funds, as provided by this act, shall post with the councila surety bond in an amount the council determines sufficient, for which thecost or premium shall be paid by the council.