SENATE BILL NO. 327

INTRODUCED BY G. DEVLIN

A BILL FOR AN ACT ENTITLED: "AN ACT INCREASING THE FEE FOR RECORDING, RERECORDING, OR TRANSFERRING A LIVESTOCK MARK OR BRAND FROM $50 TO $100; SUBMITTING THE FEE INCREASE TO THE ELECTORATE; AMENDING SECTION 81-3-107, MCA; PROVIDING A CONTINGENT VOIDNESS PROVISION; AND PROVIDING AN EFFECTIVE DATE."

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

Section 1. Section 81-3-107, MCA, is amended to read:

"81-3-107. Fees for department -- deposit requirements. (1) The department shall charge and collect a fee of $100 for recording a new mark or brand, for recording a mark or brand transfer, or for rerecording a mark or brand. The department shall establish and charge a fee for providing a certified copy of a record and a duplicate certificate. The department may upon request research mark or brand histories and may charge a fee of up to $50 for each mark or brand, based on time involved in research. All fees collected must be paid into the state special revenue fund for the use of the department. However, not more than 10% of the net rerecording fees after all expenses of rerecording are paid may be expended in any 1 year except in case of an emergency declared by the governor or the board.

(2) Money collected as fees under subsection (1) is not subject to the deposit requirements of 17-6-105 but must be deposited by the department within a reasonable time after receipt."

NEW SECTION. Section 2. Submission to electorate. This act shall be submitted to the qualified electors of Montana at the tax election to be held in 1999 by printing on the ballot the full title of this act and the following:

SHALL THE FEE TAX FOR RECORDING, RERECORDING, OR TRANSFERRING A LIVESTOCK MARK OR BRAND BE INCREASED ANNUALLY BY $50 IN THE FOLLOWING MANNER:

[]	FOR increasing the fee for recording, rerecording, or transferring a livestock mark or brand from $50 to $100.

[]	AGAINST increasing the fee for recording, rerecording, or transferring a livestock mark or brand from $50 to $100.

NEW SECTION. Section 3. Contingent voidness. If Constitutional Initiative No. 75, enacting Article VIII, section 17, of the Montana constitution, is declared invalid, then sections 2 and 4 of this act are void.

NEW SECTION. Section 4. Effective date. [This act] is effective upon approval by the electorate.

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