Administrative Rule Review Report  #AR10-076

Legislative Service Office

05-Nov-10

AGENCY: Wyoming Livestock Board.

DATE SUBMITTED: November 4, 2010.

SUBJECT: Chapter 15, Trichomoniasis.

NATURE OF RULES:                     Legislative, Procedural

STATUTORY AUTHORITY:         W.S. 11-18-103(a)(v) and 11-19-103(b)

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION SUBMITTED BY THE AGENCY TO LSO:  Apparently complete to date.

SUMMARY OF RULES:  These rules are being promulgated to strengthen the existing rules to better protect the Wyoming cattle industry from Trichomoniasis.  The rules clarify testing requirements for bulls purchased for breeding purposes and bulls in herds that are adjacent to or which have commingled with an infected herd.  The rules clarify movement of cattle to slaughter or feedlots and requirements of owners to work with the State Veterinarian to develop a Trichomoniasis Quarantine Release Plan. 

Following the public comment period, the Agency incorporated some suggestions into the final rule changes.  The Attorney General has advised the Agency that these changes are an outgrowth of the original proposed rules and do not constitute a substantial change to the original proposed rules which would require a second public comment period. 

FINDINGS:  The rules appear to be within the scope of statutory authority and legislative intent.

STAFF RECOMMENDATION:  While the Agency made changes to the original proposed rules following public comment, LSO agrees these are nonsubstantive changes which can be made without repromulgating the rules.  Therefore, the recommendation is that the rules be placed on the Consent List and be approved by the Council as submitted by the Agency.

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Maxine R. Weaver

Staff Attorney

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David K. Gruver

Assistant Director

MRW/