BEFORE THE DEPARTMENT OF LIVESTOCK

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 32.15.601, 32.15.602, 32.18.104, 32.18.105, 32.18.106, 32.18.107, 32.18.108, 32.18.109, 32.18.110, 32.18.111, 32.18.201, 32.18.202, 32.18.203, 32.18.204, 32.18.205, 32.18.207, and 32.22.103 pertaining to brand mortgages, renewal requirements, placement of digits, brand ownership and transfer, sale of branded livestock, change in brand recording, equine breed registry mark, freeze branding, recording and transferring of brands, rerecording of brands, brand inspection, county line grazing permits, import transportation permit, livestock market releases, sheep permit, domestic bison permit, and duration of permits

)   NOTICE OF AMENDMENT ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

 

TO: All Concerned Persons

 

            1. On December 12, 2013, the Department of Livestock published MAR Notice No. 32-13-238 regarding the proposed amendment of the above-stated rules at page 2268 of the 2013 Montana Administrative Register, Issue Number 23.

 

2. The department has amended the following rules as proposed: ARM 32.15.601, 32.15.602, 32.18.104, 32.18.106, 32.18.107, 32.18.108, 32.18.109, 32.18.110, 32.18.111, 32.18.201, 32.18.202, 32.18.203, 32.18.204, 32.18.205, 32.18.207 and 32.22.103.

 

3. The department has amended the following rule as proposed, but with the following changes from the original proposal, new matter underlined, deleted matter interlined:

 

            32.18.105 BRAND OWNERSHIP AND TRANSFER (1) through (2)(a) remain as proposed.

            (b) A brand recorded in "x and y" designates tenants in common.

            (c) A brand recorded in "x or y" designates joint tenancy with right of survivorship.

            (3) A brand may be transferred only if the signatures of all recorded owners appear on the transfer regardless if whether or not "and" or "or" is between the names.

            (4) In order to own a Montana brand, a corporation, LLC limited liability company, limited liability partnership, or trust, or any other business that is required to must be registered with the office of the Montana Secretary of State must be registered with the Secretary of State to own a brand in the name of the organization.

 

AUTH:            81-1-102, MCA

IMP:                81-1-102, 81-3-102, 81-3-103, MCA

 

REASON: The additional changes were made to keep department rules in compliance with state property laws. Section (4) was amended to more clearly define requirements regarding brand applications by business entities.

 

            4. No comments or testimony were received.

 

DEPARTMENT OF LIVESTOCK

 

BY:      /s/ Christian Mackay                        BY:      /s/ Robert Stutz

            Christian Mackay                                         Robert Stutz

            Executive Officer                                         Rule Reviewer

            Board of Livestock

            Department of Livestock

 

            Certified to the Secretary of State February 3, 2014.