SENATE BILL NO. 7
INTRODUCED BY J. HERTEL
AN ACT IMPOSING A MORATORIUM ON NEW APPLICATIONS FOR INITIAL ALTERNATIVE LIVESTOCK RANCH LICENSES UNTIL A LIVE TEST FOR CHRONIC WASTING DISEASE IS DEVELOPED AND IS APPROVED BY THE DEPARTMENT OF LIVESTOCK; AMENDING SECTIONS 87-4-407 AND 87-4-411, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 87-4-407, MCA, is amended to read:
"87-4-407. License required -- moratorium -- penalty -- seizure of illegally possessed animals. (1) A person may not operate an alternative livestock ranch in this state without first obtaining an alternative livestock ranch license from the department. The department may not accept any new applications for an initial alternative livestock ranch license until a live test for chronic wasting disease is developed and is approved by the department of livestock.
(2) A person who operates an alternative livestock ranch without a license or possesses, transports, buys, or sells animals whose importation into the state is restricted pursuant to 87-4-424 is guilty of a misdemeanor and is subject to the penalties provided in 87-4-427(4).
(3) Any animal held in violation of subsection (2) or otherwise illegally possessed may be immediately seized by the department and is subject to disposal by the department. Costs of seizure may be charged to the person in possession of the animal."
Section 2. Section 87-4-411, MCA, is amended to read:
"87-4-411. License and renewal fees -- deposit of fees. (1) The Except as provided in 87-4-407(1), the department
shall charge an initial alternative livestock ranch license fee and an annual renewal fee based on the following scale:
(a) an alternative livestock ranch with 1 to 20 alternative livestock, an initial license fee of $200 and an annual renewal fee of $100;
(b) an alternative livestock ranch with 21 to 60 alternative livestock, an initial license fee of $300 and an annual renewal fee of $200; and
(c) an alternative livestock ranch with more than 60 alternative livestock, an initial license fee of $400 and an annual renewal fee of $400.
(2) In addition to the fees assessed under subsection (1), the department shall charge applicants a fee of $4 an acre based on the total number of acres indicated in the application for a license. In cases of an application for a license modification, the fee applies only if an acreage expansion is proposed.
(3) The department of livestock shall assess a fee, not to exceed $50, for each alternative livestock imported into the state.
(4) (a) One-half of the fees collected pursuant to subsection (1) and all of the fees collected pursuant to subsection (2) must be deposited in the state special revenue fund for the use of the department for purposes of this part.
(b) One-half of the fees collected pursuant to subsection (1) and all import fees collected pursuant to subsection (3) must be deposited in the state special revenue fund for the use of the department of livestock for purposes of this part."
Section 3. Saving clause. [This act] does not affect rights and duties that matured, penalties that were incurred, or applications that were submitted before [the effective date of this act].
Section 4. Effective date. [This act] is effective on passage and approval.
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