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1 _____________ BILL NO. _____________
(Primary Sponsor)
2 INTRODUCED BY _________________________________________________
3 BY REQUEST OF THE DEPARTMENT OF LIVESTOCK
4
5 A BILL FOR AN ACT ENTITLED: “AN ACT AUTHORIZING THAT A PERSON MAY EXHIBIT A DIGITAL COPY
6 OF REQUIRED DOCUMENTATION FOR TRANSPORTATION OF LIVESTOCK; AMENDING SECTION 81-3-
7 211, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.”
8
9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
10
11 Section 1. Section 81-3-211, MCA, is amended to read:
12 "81-3-211. Inspection of livestock before change of ownership or removal from county --
13 transportation permits. (1) For the purposes of this section:
14 (a) "Family business entity" means:
15 (i) a corporation whose stock is owned solely by members of the same family;
16 (ii) a partnership in which the partners are all members of the same family;
17 (iii) an association whose members are all members of the same family; or
18 (iv) any other entity owned solely by members of the same family.
19 (b) "Members of the same family" means a group whose membership is determined by including
20 an individual, the individual's spouse, and the individual's parents, children, and grandchildren, and the spouses
21 of each.
22 (c) "Rodeo producer" means a person who produces or furnishes livestock that are used for rodeo
23 purposes.
24 (2) Except as otherwise provided in this part, it is unlawful to remove or cause to be removed from
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1 a county in this state any livestock or to transfer ownership by sale or otherwise or for an intended purchaser or
2 a purchaser's agent to take possession of any livestock subject to title passing upon meeting or satisfaction of
3 any conditions, unless the livestock have been inspected for brands by a state stock inspector or deputy state
4 stock inspector and a certificate of the inspection has been issued in connection with and for the purpose of the
5 transportation or removal or of the change of ownership as provided in this part. The inspection must be made
6 in daylight. However, the change of ownership inspection requirements of this subsection do not apply when
7 the change of ownership transaction is accomplished without the livestock changing premises, involves part of
8 a herd to which livestock have not been added other than by natural increase or after brand inspection, and is
9 between:
10 (a) members of the same family;
11 (b) a member of one family and the same family's business entity; or
12 (c) the same family's business entities.
13 (3) (a) It is unlawful to sell or offer for sale at a livestock market any livestock originating within any
14 county in this state in which a livestock market is maintained or transported under a market consignment permit
15 until the livestock have been inspected for marks and brands by a state stock inspector, as provided in this part.
16 (b) It is unlawful to slaughter livestock at a licensed livestock slaughterhouse unless the livestock
17 have been inspected for marks or brands by a state or deputy state stock inspector.
18 (4) It is unlawful to remove or cause to be removed any livestock from the premises of a livestock
19 market in this state unless the livestock have been released by a state stock inspector and a certificate of
20 release for the livestock has been issued in connection with and for the purpose of the removal from the
21 premises of the livestock market. The release obtained pursuant to this subsection permits the movement of the
22 released livestock directly to the destination shown on the certificate.
23 (5) The person in charge of livestock being removed from a county in this state, when inspection is
24 required by this section, when a change of ownership has occurred, or when moved under a market
25 consignment permit or a market release certificate, must have in the person's possession the certificate of
26 inspection, market consignment permit, transportation permit, or market release certificate and shall exhibit the
27 certificate to any sheriff, deputy sheriff, constable, highway patrol officer, state stock inspector, or deputy state
28 stock inspector upon on request. For travel and transportation purposes only, a person may satisfy the
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1 requirements of this section by possessing and exhibiting a digital copy of the required documentation. Section
2 81-3-204 must be extended to livestock transported or sold under the permits.
3 (6) The following transportation permits may be issued:
4 (a) If a saddle, work, or show horse is being transported from county to county in this state by the
5 owner for the owner's personal use or business or if cattle are being transported from county to county in this
6 state by their owner for show purposes and there is no change of ownership, the inspection certificate required
7 by this section may be endorsed, as to the purpose and extent of transportation, by the inspector issuing the
8 certificate in order to serve as a travel permit in this state for a period not to exceed 1 year for the horse or
9 cattle described in the certificate. The permit becomes void upon any transfer of ownership or if the horse or
10 cattle are to be removed from the state. If the permit is void, an inspection must be secured for removal and the
11 endorsed certificate must be surrendered.
12 (b) The owner of a saddle, work, or show horse may apply for a permanent transportation permit
13 valid for both interstate and intrastate transportation of the horse until there is a change of ownership. The
14 horse must have either a registered brand that has been legally cleared or a lip tattoo or the owner is required
15 to present proof of ownership to a state stock inspector or a specially qualified deputy stock inspector. A written
16 application, on forms to be provided by the department, must be completed by the owner and presented to a
17 state stock inspector or a specially qualified deputy stock inspector, together with a permit fee established by
18 the department, for each horse. The application must contain a thorough physical description of the horse and
19 list all brands and tattoos carried by the horse. Upon approval of the application by a state stock inspector, a
20 permanent transportation permit must be issued by the department to the owner for each horse, and the permit
21 is valid for the life of the horse. If there is a change in ownership of a horse, the permit automatically is void.
22 The permit must accompany the horse for which it was issued at all times while the horse is in transit. This
23 permit is in lieu of other permits and certificates required under the provisions of this section. The state of
24 Montana shall recognize as valid permanent transportation permits issued in other jurisdictions to the owner of
25 a saddle, work, or show horse subsequently entering the state. A permit is automatically void upon a change of
26 ownership.
27 (c) When livestock owned by and bearing the registered brand of a bona fide rodeo producer are
28 being transported from county to county in this state by the owner for rodeo purposes and there is no change of
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1 ownership, the inspection certificate required by this section may be endorsed, as to the purpose and extent of
2 transportation, by the inspector issuing the certificate in order to serve as a travel permit in this state for the
3 livestock described in the certificate. The certificate is effective for the calendar year for which it is issued. The
4 certificate must be issued by a state stock inspector.
5 (d) The owner of a bull bearing the registered brand of a bona fide rodeo producer may apply for a
6 permanent transportation permit valid for both interstate and intrastate transportation of the bull until there is a
7 change of ownership. The bull must have a registered brand that has been legally cleared and a legible number
8 brand on the shoulder or hip used for individual identification, or the owner is required to present proof of
9 ownership to a state stock inspector or a specially qualified deputy stock inspector. A written application, on
10 forms to be provided by the department, must be completed by the owner and presented to a state stock
11 inspector or a specially qualified deputy stock inspector, together with a permit fee established by the
12 department, for each bull. The application must contain a thorough physical description of the bull and list all
13 brands and tattoos carried by the bull. Upon approval of the application by a state stock inspector, a permanent
14 transportation permit must be issued by the department to the owner for each bull, and the permit is valid for
15 the life of the bull. If there is a change in ownership of a bull, the permit automatically is void. The permit must
16 accompany the bull for which it was issued at all times while the bull is in transit. This permit is in lieu of other
17 permits and certificates required under the provisions of this section. The state of Montana shall recognize as
18 valid permanent transportation permits issued in other jurisdictions to the owner of a rodeo bull subsequently
19 entering the state. A permit is automatically void upon a change of ownership.
20 (e) (i) An owner of livestock or the owner's agent may be issued one transportation permit in a 12-
21 month period allowing the movement of the livestock and return when the livestock are being moved for grazing
22 purposes and when they are being moved to and from land owned or controlled by the owner of the livestock or
23 the owner's agent:
24 (A) into an adjoining county; or
25 (B) across multiple county lines if the entire grazing range is the privately deeded property of the
26 livestock owner.
27 (ii) The permit is valid for a period of 8 months from the date of issuance and must be issued by a
28 state stock inspector.
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1 (iii) The permit may be issued only if the livestock are branded with the permittee's brand, which
2 must be registered in Montana, unless the animal is classified as a virgin breeding female or a nursing calf.
3 (iv) The department shall establish a fee for the permit, to be paid to the state stock inspector at the
4 time the permit is issued and remitted by the inspector to the department for deposit in the state treasury to the
5 credit of the state special revenue fund for the use of the department. This permit may be used in lieu of the
6 inspection and certificate required by this section for movement of livestock across a county line.
7 (7) Before any removal or change of ownership may take place, the seller of livestock shall request
8 all required inspections and shall pay the required fees."
9
10 NEW SECTION. Section 2. Effective date. [This act] is effective on passage and approval.
11 - END -
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Statutes affected:
LC Text: 81-3-211