Administrative Rules of the State of Montana

BEFORE THE DEPARTMENT OF LIVESTOCK

OF THE STATE OF MONTANA

In the matter of the amendment of ARM 32.2.405, 32.3.502, 32.18.101, and 32.18.110 pertaining department of livestock miscellaneous fees, official trichomoniasis testing and certification requirements, hot iron brands required, freeze branding, and recording and transferring of brands

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NOTICE OF PROPOSED AMENDMENT

NO PUBLIC HEARING CONTEMPLATED

TO: All Concerned Persons

1. On June 6, 2013, the Department of Livestock proposes to amend the above-stated rules.

2. The Department of Livestock will make reasonable accommodations for persons with disabilities who wish to participate in the rulemaking process and need an alternative accessible format of this notice. If you require an accommodation, contact the Department of Livestock no later than 5:00 p.m. on, May 10, 2013 to advise us of the nature of the accommodation that you need. Please contact Christian Mackay, 301 N. Roberts St., Room 308, P.O. Box 202001, Helena, MT 59620-2001; telephone: (406) 444-9321; TTD number: 1 (800) 253-4091; fax: (406) 444-4316; e-mail: [email protected].

3. The rules as proposed to be amended provide as follows, stricken matter interlined, new matter underlined:

32.2.405 DEPARTMENT OF LIVESTOCK MISCELLANEOUS FEES

(1) brand book - CD $15.00

(2) brand book - data download (limited counties) $15.00

(3) brand book - paper copy (per county) $30.00

(1) through (15) remain the same but are renumbered (4) through (18).

AUTH: 81-1-102, 81-22-102, MCA

IMP: 81-1-107, 81-3-205, 81-3-211, 81-8-304, 81-9-112, MCA

32.3.502 OFFICIAL TRICHOMONIASIS TESTING AND CERTIFICATION REQUIREMENTS (1) Test eligible bovines imported into Montana and test eligible bovines sold, loaned, leased, or otherwise acquired in or from trichomoniasis epizootic areas in Montana, except as provided in ARM 32.3.212, must be negative T. foetus bulls. must be negative T. foetus bulls, except as provided in ARM 32.3.212. Test eligible bovines include those:

(a) imported into Montana; or

(b) sold, loaned, leased, or otherwise acquired in trichomoniasis epizootic areas in Montana; or

(a) and (b) remain the same but are renumbered (2) and (3).

AUTH: 81-2-102, 81-2-103, 81-2-707, MCA

IMP: 81-2-102, 81-2-703, MCA

32.18.101 HOT IRON BRANDS REQUIRED (1) Under the brand laws of the state only hot iron brands will be recognized by the Department of Livestock, Brands Enforcement Division on all livestock, ~~for sheep, goats, and swine~~ with the ~~following~~ exceptions that freeze brands may be applied to:

(a) ~~freeze brands may be applied to~~ horses, mules, or asses; and

(b) ~~freeze brands on~~ cattle ~~are allowed~~ only as provided in ARM 32.18.109.

(2) The hot iron or freeze brand must peel or heal to be valid for ownership.

(3) Fresh brands shall not be used to transfer ownership without bill of sale to prove ownership.

(4) A bill of sale may also be required to prove ownership of livestock with multiple brands.

AUTH: 81-1-102, MCA

IMP: 81-1-102, MCA

32.18.110 RECORDING AND TRANSFERRING OF BRANDS (1) through (6)(a) remain the same.

(b) if the original owner of the transferring brand is deceased, a ~~certified~~ copy of the death certificate and ~~certified~~ power of attorney or appropriate documentation must be provided to complete the transfer;

AUTH: 81-1-102, MCA

IMP: 81-1-102, MCA

Reason: The department has received requests for copies of the brand holders within the state or for individual or multiple counties within the state. The department developed processes to provide brand books to accommodate the increasing requests at a minimal expense to the department. Department costs for research, information technology personnel time, processing, and supplies have been formulated for providing information on a CD, by data download or by paper copy and fees established commensurate with expenses.

Changes to the official trich testing and certification requirements are to more clearly define the meaning of test eligible bovines.

Certified copies for transfer are no longer required per state statute except for documents pertaining to real estate.

The fees charged by the department will potentially affect approximately 500 people who may request brand book data. The cumulative amount of the brand data fee increase will be $7,500 based on this number of requests. The fees no longer charged for separate freeze brand certificates will affect approximately 50 people. The cumulative amount of freeze brand fee decrease will be $500.

4. Concerned persons may submit their data, views, or arguments in writing to Christian Mackay, 301 N. Roberts St., Room 308, P.O. Box 202001, Helena, MT 59620-2001, by faxing to (406) 444-1929, or by e-mailing to [email protected] to be received no later than 5:00 p.m., May 15, 2013.

5. If persons who are directly affected by the proposed action wish to express their data, views, and arguments orally or in writing at a public hearing, they must make a written request for a hearing and submit this request along with any written comments they have to the same address as above. The written request for hearing must be received no later than 5:00 p.m. May 15, 2013.

6. If the department receives requests for a public hearing on the proposed action from either 10 percent or 25, whichever is less, of the persons who are directly affected by the proposed action; from the appropriate administrative rule review committee of the Legislature; from a governmental subdivision or agency; or from an association having not less than 25 members who will be directly affected, a public hearing will be held at a later date. Notice of the public hearing will be published in the Montana Administrative Register. Ten percent of those persons directly affected have been determined to be more than 25, based upon the population of the state.

7. The department maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency. Persons who wish to have their name added to the list shall make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies for which program the person wishes to receive notices. Notices will be sent by e-mail unless a mailing preference is noted in the request. Such written request may be mailed or delivered to the contact person in 4 above or may be made by completing a request form at any rules hearing held by the department.

8. An electronic copy of this Proposal Notice is available through the Secretary of State's web site at http://sos.mt.gov/ARM/Register. The Secretary of State strives to make the electronic copy of the notice conform to the official version of the notice, as printed in the Montana Administrative Register, but advises all concerned persons that in the event of a discrepancy between the official printed text of the notice and the electronic version of the notice, only the official printed text will be considered. In addition, although the Secretary of State works to keep its web site accessible at all times, concerned persons should be aware that the web site may be unavailable during some periods, due to system maintenance or technical problems.

9. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.

DEPARTMENT OF LIVESTOCK

BY: /s/ Christian Mackay BY: /s/ George H. Harris

Christian Mackay George H. Harris

Executive Officer Rule Reviewer

Board of Livestock

Department of Livestock

Certified to the Secretary of State April 1, 2013.