Bill Summary – FastDemocracy

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68th Legislature 2023                                                                                            HB 767.1
  1                                                   HOUSE BILL NO. 767
  2                                             INTRODUCED BY J. KASSMIER
  3
  4    A BILL FOR AN ACT ENTITLED: “AN ACT PROVIDING BOARD OF LIVESTOCK REVIEW OF PROPOSED
  5    BRANDS; PROVIDING RULEMAKING AUTHORITY; AND AMENDING SECTION 81-3-103, MCA.”
  6
  7    BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
  8
  9            Section 1. Section 81-3-103, MCA, is amended to read:
 10            "81-3-103.    Application for recording -- record of brands. (1) A person desiring to have recorded an
 11    artificial mark or brand for use in distinguishing or identifying the ownership of any domestic animal or livestock
 12    shall make application for the mark or brand to the department. The application must be in writing and must
 13    contain the name, residence, and post-office address of the applicant and the species of the animals on which
 14    the mark or brand is to be used. An applicant may apply for a seasonal mark or brand that is designated for use
 15    only for a specific period of time and that is subject to renewal upon termination of that period.
 16            (2)      The department shall designate for the applicant's use some practical form of mark or brand
 17    distinguishable with reasonable certainty from all other marks and brands recorded or rerecorded, within the
 18    period of 10 years immediately preceding the time of filing the application, in the name of some person other
 19    than the applicant. The department shall designate the position on the animals where the mark or brand must
 20    be placed and the species of animals on which the mark or brand may be used.
 21            (3)      The board may review applications that contain characters or images within a proposed mark
 22    or brand that is not currently recorded with the department.
 23            (3)(4)   The department shall keep a record in a book kept by it for that purpose of the record each
 24    particular mark or brand, the position on the animals where the mark or brand is to be used, the species of
 25    animals on which the mark or brand is to be used, and the date of recording. The record is a public record and
 26    is prima facie evidence of the facts recorded in it."
 27                                                            - END -
                                                                -1-                    Authorized Print Version – HB 767
Statutes affected: 
HB0767_1.pdf: 81-3-103
HB0767_X.pdf: 81-3-103
Enrolled: 81-3-103
Introduced: 81-3-103