House Bill No. 189
Introduced By _______________________________________________________________________________
A Bill for an Act entitled: "An Act authorizing the training, certification, and appointment of specially qualified stock inspectors; extending the application of certain travel permits for additional types of livestock; delineating the authority of specially qualified stock inspectors with respect to a change in ownership of the livestock and with respect to transporting livestock; and amending sections 81-1-201, 81-3-201, and 81-3-211, MCA."
STATEMENT OF INTENT
A statement of intent is required for this bill because 81-1-201 requires the board of livestock to adopt administrative rules regarding the certification of specially qualified stock inspectors. At a minimum, the rules should address:
(1) the components of the examination for the qualification of specially qualified stock inspectors;
(2) other criteria that may be required for the appointment and employment of individuals as specially qualified stock inspectors;
(3) procedures for taking the examination, including defining a passing grade; and
(4) other rules that may be necessary to effectively administer the examination, certification, and employment of specially certified stock inspectors.
Be it enacted by the Legislature of the State of Montana:
Section 1. Section 81-1-201, MCA, is amended to read:
"81-1-201. Appointment and powers. (1) The department may appoint stock inspectors and detectives necessary for the
protection of the livestock interests of this state. The department shall designate which inspectors and detectives are
considered law enforcement officers, and those designated shall take the official oath required by law and
shall have similar
powers and authority to those conferred by law on deputy sheriffs. However, they are not entitled to the fees or emoluments
awarded by law to deputy sheriffs. The board shall devise an examination for the qualification of stock inspectors and
detectives designated as law enforcement officers and may appoint and employ only persons who successfully pass such
the examination. The board shall promulgate administrative rules for the taking of this examination and shall define a
(2) The board shall devise an examination for the qualification of specially qualified stock inspectors and may appoint or employ as specially qualified stock inspectors only persons who successfully pass the examination. The board shall promulgate administrative rules for the taking of this examination and shall define a passing grade."
Section 2. Section 81-3-201, MCA, is amended to read:
"81-3-201. Definitions. Unless the context requires otherwise, in this chapter, the following definitions apply:
(1) "Deputy state stock inspector" means a person designated by the department as a deputy state stock inspector who does not receive a salary or compensation from the department.
(2) "Feedlot" means a confined livestock feeding operation where the owner or operator of the feedlot feeds livestock belonging to others for a fee.
(3) "Livestock" means a bovine animal, horse, mule, or ass, regardless of its age or sex, and includes bison, sheep, elk, and game farm animals, as defined in 87-4-406, exclusive of carnivores and omnivores.
(4) "Person" means an individual, partnership, corporation, association, firm, or entity not enumerated that is capable of owning or controlling livestock.
(5) "Specially qualified stock inspector" means a state stock inspector or a deputy state stock inspector who has been certified by the department pursuant to 81-1-201 as qualified to conduct an inspection for a permanent transportation permit for a saddle, work, or show horse or for certain other transportation permits for other show livestock.
(5)(6) "State stock inspector" means an employee of the department of livestock designated by the department as a state
Section 3. Section 81-3-211, MCA, is amended to read:
"81-3-211. Inspection of livestock before change of ownership or removal from county -- transportation permits. (1) For the purposes of this section:
"Members of the same family" means a group whose membership is determined by including an individual, the
individual's spouse, and the individual's parents, children, grandchildren, and the spouses of each. (b) "Family business entity" means:
(i) a corporation whose stock is owned solely by members of the same family;
(ii) a partnership in which the partners are all members of the same family;
(iii) an association whose members
all are all members of the same family; or
(iv) any other entity owned solely by members of the same family.
(b) "Members of the same family" means a group whose membership is determined by including an individual, the individual's spouse, and the individual's parents, children, grandchildren, and the spouses of each.
(c) "Rodeo producer" means a person who produces or furnishes livestock that is used for rodeo purposes.
(2) Except as otherwise provided in this part, it is unlawful to remove or cause to be removed from a county in this state any livestock or to transfer ownership by sale or otherwise or for an intended purchaser or a purchaser's agent to take possession of any livestock subject to title passing upon meeting or satisfaction of any conditions, unless the livestock have been inspected for brands by a state stock inspector or deputy state stock inspector and a certificate of the inspection has been issued in connection with and for the purpose of the transportation or removal or of the change of ownership as provided in this part. The inspection must be made in daylight. However, the change of ownership inspection requirements of this subsection do not apply when the change of ownership transaction is accomplished without the livestock changing premises, involves part of a herd to which livestock have not been added other than by natural increase or after brand inspection, and is between:
(a) members of the same family;
(b) a member of one family and the same family's business entity; or
(c) the same family's business entities.
(3) (a) It is unlawful to sell or offer for sale at a livestock market any livestock originating within any county in this state in which a livestock market is maintained or transported under a market consignment permit until the livestock has been inspected for marks and brands by a state stock inspector, as provided in this part.
(b) It is unlawful to slaughter livestock at a licensed livestock slaughterhouse unless the livestock has been inspected for marks or brands by a state or deputy state stock inspector.
(4) It is unlawful to remove or cause to be removed any livestock from the premises of a livestock market in this state
unless the livestock has been released by a state stock inspector and a certificate of release for the livestock has been issued
in connection with and for the purpose of the removal from the premises of the livestock market. The release obtained
pursuant to this subsection will permit the movement of the released livestock
so released directly to the destination shown
on the certificate.
(5) The person in charge of livestock being removed from a county in this state,
where when inspection is required by this
section, or where when a change of ownership has occurred, or when moved under a market consignment permit or a
market release certificate, must have in the person's possession the certificate of inspection, market consignment permit,
transportation permit, or market release certificate and shall exhibit the certificate to any sheriff, deputy sheriff, constable,
highway patrol officer, state stock inspector, or deputy state stock inspector upon request. Section 81-3-204 must be
extended to livestock transported or sold under the permits.
(6) The following transportation permits may be issued:
(a) If a saddle, work, or show horse is being transported from county to county in this state by the owner for the owner's
personal use or business or
where a purebred cow is if other livestock are being transported from county to county in this
state by its their owner for show purposes and where there is no change of ownership, the inspection certificate required by
this section may be endorsed, as to the purpose and extent of transportation, by the inspector issuing the certificate in order
to serve as a travel permit in this state for a period not to exceed 1 year for the horse or cow horse or other livestock
described thereon in the certificate. The permit becomes void upon any transfer of ownership or if the horse or cow is horse
or other livestock are to be removed from the state. In such instances If the permit is void, an inspection must be secured for
removal and the endorsed certificate must be surrendered.
(b) The owner of a saddle, work, or show horse may apply for a permanent transportation permit valid for both interstate
and intrastate transportation of the horse until there is a change of ownership. To obtain a permit, a horse must have either a
registered brand that has been legally cleared or a lip tattoo or the owner
must is required to present proof of ownership to a
state specially qualified stock inspector. A written application, on forms to be provided by the department, must be
completed by the owner and presented to a state specially qualified stock inspector, together with a permit fee established
by the department, for each horse. The application must contain a thorough physical description of the horse and list all
brands and tattoos carried by the horse. Upon approval of the application by a state specially qualified stock inspector, a
permanent transportation permit must be issued by the department to the owner for each horse, and the permit is valid for
the life of the horse. If there is a change of ownership in a horse, the permit automatically is void. The permit must
accompany the horse for which it was issued at all times while the horse is in transit. This permit is in lieu of other permits
and certificates required under the provisions of this section. The state of Montana shall recognize as valid permanent
transportation permits issued in other jurisdictions to the owner of a saddle, work, or show horse subsequently entering the
state. A permit is automatically void upon a change of ownership.
(c) When livestock owned by and bearing the registered brand of a bona fide rodeo producer
is are being transported from
county to county in this state by the owner for rodeo purposes and where there is no change of ownership, the inspection
certificate required by this section may be endorsed, as to the purpose and extent of transportation, by the inspector issuing
the certificate in order to serve as a travel permit in this state for the livestock described in the certificate. The certificate is
effective for the calendar year for which it is issued. The certificate must be issued by a state stock inspector.
(d) An owner of livestock or the owner's agent may be issued one transportation permit in a 12-month period allowing the
movement of the livestock into an adjoining county and return when the livestock
is are being moved for grazing purposes
and when it is they are being moved to and from land owned or controlled by the owner of the livestock or the owner's
agent. The permit is valid for a period of 8 months from the date of issuance and must be issued by a state stock inspector.
The permit may be issued only if the livestock is are branded with the permittee's brand, which must be registered in
Montana. The department shall establish a fee for the permit, to be paid to the state stock inspector at the time the permit is
issued and remitted by the inspector to the department for deposit in the state treasury to the credit of the state special
revenue fund for the use of the department. This permit may be used in lieu of the inspection and certificate required by this
section for movement of livestock across a county line.
(7) Before any removal or change of ownership may take place, the seller of livestock shall request all required inspections and shall pay the required fees."