BEFORE THE DEPARTMENT OF LIVESTOCK
OF THE STATE OF MONTANA
In the matter of the amendment of ARM 32.2.405, 32.18.107, and 32.18.110 and the adoption of NEW RULE I pertaining to Department of Livestock miscellaneous fees, change in brand recording, recording and transferring of brands, and rerecording of brands
NOTICE OF PROPOSED AMENDMENT AND ADOPTION
NO PUBLIC HEARING CONTEMPLATED
To: All Concerned Persons
1. On July 15, 2013, the Department of Livestock proposes to amend and adopt 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, June 26, 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@example.com.
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 fee commensurate
(3) brand book - paper copy (per county) $30.00
(4) Certified copy of brand or mark record and duplicate certificate
(5) through (9) remain the same.
(a) if more than ten animals of the same type are offered for
inspection on the same day by the same owner, starting with the eleventh
1.00 3.00 a head
(10) remains the same.
(11) Livestock inspection before removal from a county or
before change of ownership as required by 81-3-205, MCA
50 75 cents a head
(a) cow/calf pairs-spring going to pasture only
50 75 cents per pair
(12) Livestock inspection before being sold or offered for sale
at a licensed livestock market or slaughtered at a licensed
slaughterhouse as required by 81-3-205, MCA
50 75 cents a head
(13) remains the same.
(14) Recording a new mark or brand, recording a mark or brand transfer
, or recording a mark or brand as required by 81-3-107, MCA $ 100.00 200.00
(a) rerecording a mark or brand as required by 81-3-107, MCA $100.00
(15) Releasing an animal, except horses, mules, or asses, for
purpose of removal from a licensed livestock market as required by
50 75 cents a head
(16) remains the same.
AUTH: 81-1-102, 81-22-102, MCA
IMP: 81-3-107, 81-3-205, 81-3-211, 81-8-304, 81-9-112, MCA
32.18.107 CHANGE IN BRAND RECORDING (1) Once the department has begun processing a recording of a brand, any changes proposed in the original application will be considered a new application and an additional recording fee of $
100 200 will be charged.
(a) the fee for rerecording of a brand or mark will remain at $100.00.
AUTH: 81-1-102, MCA
IMP: 81-1-102, 81-3-107, MCA
32.18.110 RECORDING AND TRANSFERRING OF BRANDS (1) through (4) remain the same.
(a) fifty percent of the fee to record or transfer a brand is nonrefundable;
(b) through (5)(c)(ii) remain the same.
(iii) the applicant will have ten working days from the date of the offer letter to accept the offered available option.
(iv) If the applicant's reply is received after the ten working day
s deadline it will be considered a new application and must be rechecked for conflicts and will require an additional $100 $200 fee.
(6) and (6)(a) remain the same.
(b) if the original owner of the transferring brand is deceased, a copy of the death certificate and
power of attorney or appropriate documentation (i.e., personal representative or executor paperwork) must be provided to complete the transfer;
(c) through (d)(i) remain the same.
(ii) businesses and trusts must be registered with the Montana Secretary of State's office.
, or provide proof of registry with another state;
(e) through (7) remain the same.
(8) Changes to image, species, or position require submission of a new brand application and an additional
$100 $200 fee.
(9) through (11) remain the same.
AUTH: 81-1-102, 81-3-104, 81-3-106, MCA
IMP: 81-1-102, MCA
4. The proposed new rule provides as follows:
NEW RULE I RERECORDING OF BRANDS (1) Rerecording of brands is required each tenth year after 1921 per 81-3-104, MCA.
(a) The rerecord fee is $100 per brand.
(i) Brand owners requesting transfer while rerecording their brand shall be charged a separate $100 for the completion of the transfer.
(b) Between January and June of each rerecord year the department shall publish a notice to the effect that the year is a rerecord year for brands, in a newspaper in each county.
(c) The department shall mail to each recorded brand holder a similar notice addressed to the person at the last address shown in department records.
(i) Said notice shall advise the brand holder of the rerecord deadline and that no brand continues of record unless rerecorded prior to designated deadline.
(ii) A brand not originally rerecorded with the department by 12 midnight on December 31 of the rerecord year is not of record in the department.
(d) A former brand holder who has failed to rerecord in the preceding rerecord year and has therefore dropped the brand must reapply and submit the $200 application fee.
(i) Such reapplication must be treated as a new brand application and is subject to all applicable new brand restrictions.
AUTH: 81-1-102, MCA
IMP: 81-1-102, 81-3-107, MCA
Reason: Fees must, by statute, be set at levels commensurate with the costs of performing duties as required. Brand enforcement duties and services were evaluated and fees were adjusted accordingly. The department must continue to provide much-utilized services to the Montana livestock industry in order to assure that the mission of the department continues. Rerecord processes and restrictions per 81-3-104 and 81-3-106, MCA were not in department administrative rule and have been included to provide clarification to potential and present brand holders. Rerecord, by statute, takes place every tenth year from 1921 with the brands division utilizing ten percent for each of the next ten years for division administration.
The fees charged by the department will potentially affect approximately 1,500 brand applicants and transfers. The cumulative amount of the brand application/transfer fee increase will be $150,000 based on this number of requests.
The inspection fee increase will apply to approximately 1,800,000 cattle inspections for a cumulative fee increase of $450,000.
5. 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 MDOLcomments@mt.gov to be received no later than 5:00 p.m., July 8, 2013.
6. 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., July 8, 2013.
7. 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.
8. 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 5 above or may be made by completing a request form at any rules hearing held by the department.
9. 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.
10. The department intends to apply these rule amendments effective July 1, 2013.
11. 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 May 28, 2013.