Senate Bill No. 183
Introduced By _______________________________________________________________________________
A Bill for an Act entitled: "An Act providing for the regulation of brucellosis vaccination through the department of livestock's present administrative rulemaking authority rather than by statute by eliminating the present brucellosis vaccination statutes; and repealing sections 81-2-801 and 81-2-802, MCA."
WHEREAS, the Department of Livestock has authority under section 81-2-102(1)(d), MCA, to "adopt rules and orders which it considers necessary or proper to prevent the introduction or spreading of infectious, contagious, communicable, or dangerous diseases affecting livestock in this state and to this end may adopt rules and orders necessary or proper governing inspections and tests of livestock intended for importation into this state before it may be imported into this state"; and
WHEREAS, the Department's rulemaking authority under section 81-2-102(1)(e), MCA, allows it to "adopt rules and orders which it considers necessary or proper for the inspection, testing, and quarantine of all livestock imported into this state"; and
WHEREAS, the statutes regarding brucellosis vaccination of imported livestock do not provide the Department sufficient flexibility to address the many contingencies and situations that may arise concerning control of brucellosis, which can more effectively be addressed through the administrative process pursuant to the Department's current rulemaking authority in section 81-2-102, MCA.
Be it enacted by the Legislature of the State of Montana:
NEW SECTION. Section 1. Repealer. Sections 81-2-801 and 81-2-802, MCA, are repealed.