reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 81. Livestock › Chapter 7. Predatory Animal Control › Part 3. County Predator Control for Protection of Sheep › 81-7-303. County commissioners permitted to require per capita license fee on sheep

81-7-303. County commissioners permitted to require per capita license fee on sheep.
(1) To defray the expense of protection, the board of county commissioners of a county may require all owners or persons in possession of a sheep 1 year of age or older in the county on the regular assessment date of each year as provided in 15-24-903 to pay a per capita license fee in an amount to be determined by the board. All owners or persons in possession of a sheep 1 year of age or older coming into the county after the regular assessment date and subject to the per capita levy under the provisions of Title 15, chapter 24, part 9, are subject to payment of the license fee.
(2) Upon the order of the board of county commissioners, the license fees may be imposed by entering the name of the licensee upon the assessment record of the county by the department of revenue. The license fees are payable to and must be collected by the county treasurer. When levied, the fees are a lien upon the property, both real and personal, of the licensee. If the person against whom the license fee is levied does not own real estate against which the license fee is or may become a lien, then the license fee is payable immediately upon its levy and the treasurer shall collect the fee in the manner provided by law for the collection of personal property taxes that are not a lien upon real estate.
(3) When collected, the fees must be placed in the predatory animal control fund and the fund may be expended on order of the board of county commissioners of the county for predatory animal control, including bounties paid pursuant to Title 81, chapter 7, part 2. Interest earned on money in the fund must be deposited in the fund.
(4) Money from any source may be deposited in the predatory animal control fund provided for in this section to carry out the provisions of this part.
History: En. Sec. 2, Ch. 206, L. 1943; amd. Sec. 1, Ch. 123, L. 1949; amd. Sec. 1, Ch. 87, L. 1957; amd. Sec. 1, Ch. 87, L. 1965; amd. Sec. 1, Ch. 261, L. 1977; R.C.M. 1947, 46-2102(part); amd. Sec. 1, Ch. 9, L. 1981; amd. Sec. 153, Ch. 27, Sp. L. November 1993; amd. Sec. 24, Ch. 285, L. 1999; amd. Sec. 2, Ch. 12, L. 2005; amd. Sec. 1, Ch. 176, L. 2005; amd. Sec. 3, Ch. 78, L. 2017.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 7. Predatory Animal Control › Part 3. County Predator Control for Protection of Sheep › 81-7-304. Proceeds of furs and skins taken

81-7-304. Proceeds of furs and skins taken.
All furs, skins, and so forth taken by the expenditure of license funds shall be sold and the proceeds of such sale deposited in said predatory animal control fund for the use in carrying out the purpose of this part.
History: En. Sec. 3, Ch. 206, L. 1943; R.C.M. 1947, 46-2103.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 7. Predatory Animal Control › Part 3. County Predator Control for Protection of Sheep › 81-7-305. Duty of county commissioners -- petition of sheep owners -- license fees

81-7-305. Duty of county commissioners -- petition of sheep owners -- license fees.
(1) In conducting a predatory animal control program, the board of county commissioners shall give preference to recommendations for a program made by organized associations of sheep growers in the county. Upon petition of the resident owners of at least 51% of the sheep in the county, as shown by the assessment rolls of the last preceding assessment, the board shall establish the predatory animal control program and issue licenses and collect fees for the following year in an amount that will defray the cost of administering the program. The petition must be filed with the board on or before the first Monday in December in any year, and a signature on a petition may not be withdrawn by the signer after the hour set for hearing the petition. The license fee determined and set by the board must remain in effect from year to year without change, unless there is filed with the board a petition subscribed by the resident owners of at least 51% of the sheep in the county, as shown by the assessment rolls of the last assessment preceding the filing of the petition, for termination of the program and repeal of the license fee. Upon the filing of the petition, the board shall terminate the program and cease levying the license fee.
(2) If the resident owners of at least 51% of the sheep in the county either petition for an increase in the license fee or petition for a decrease in the license fee then in effect, the board shall set a new license fee to continue from year to year.
History: En. Sec. 4, Ch. 206, L. 1943; amd. Sec. 1, Ch. 24, L. 1949; amd. Sec. 2, Ch. 87, L. 1957; amd. Sec. 2, Ch. 87, L. 1965; amd. Sec. 2, Ch. 261, L. 1977; R.C.M. 1947, 46-2104; amd. Sec. 2, Ch. 9, L. 1981; amd. Sec. 2, Ch. 297, L. 2007.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 7. Predatory Animal Control › Part 4. Dogs › 81-7-401. Killing of dogs harassing, destroying, or injuring stock -- notice to owner -- penalty

81-7-401. Killing of dogs harassing, destroying, or injuring stock -- notice to owner -- penalty.
(1) As used in this section, "harasses" means worries, chases, or runs after livestock, including ostriches, rheas, and emus, in a manner that may lead to subsequent injury to the livestock.
(2) A dog, whether licensed or not, that, while off the premises owned or under control of its owner and on property owned, leased, or controlled by the livestock owner, harasses, kills, wounds, or injures livestock not belonging to the owner of the dog is considered a public nuisance and:
(a) may be killed immediately by the owner of the livestock or an agent or employee of the owner; or
(b) the owner of the dog, when reasonably notified after due process, shall kill the dog within 24 hours of notification. If the owner fails to do so, an officer may be notified and shall kill the dog or cause the dog to be killed.
(3) A dog may not be killed in a manner that will endanger a person.
(4) This section does not apply to a dog herding livestock under the direction of its owner or the agents or employees of its owner.
(5) This section does not apply to a dog engaged in legitimate sport hunting or predator control activities under the direction of its owner or the agents or employees of its owner.
(6) The owner of a dog that harasses, kills, wounds, or injures livestock is guilty of a misdemeanor and upon conviction shall be fined not more than $500.
History: En. Sec. 1, Ch. 142, L. 1933; re-en. Sec. 3417.15, R.C.M. 1935; R.C.M. 1947, 46-1916; amd. Sec. 1, Ch. 106, L. 1993; (6)En. Sec. 2, Ch. 106, L. 1993; amd. Sec. 12, Ch. 206, L. 1995.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 7. Predatory Animal Control › Part 4. Dogs › 81-7-402. Liability of owner of dog for damages to livestock or poultry

81-7-402. Liability of owner of dog for damages to livestock or poultry.
(1) The owner of livestock or poultry injured or killed by any dog may recover as liquidated damages from the owner of the dog the actual value of the animals killed or the value of the damages sustained by reason of the injuries as the case may be. If two or more dogs kept by two or more owners or keepers injure or kill any livestock or poultry at the same time, the owners or keepers of the dogs are jointly and severally liable for such damages. It is no defense to the action that the owner or keeper of the dog had no knowledge of the dog's whereabouts at or prior to the time when the dog injured or killed livestock or poultry or that the owner or keeper of the dog had no knowledge of the dog's disposition or inclination to worry, kill, or injure livestock or poultry.
(2) The word "owner" when used in this section in relation to property interest in or possession of dogs includes every person who owns, harbors, or keeps a dog.
History: En. Secs. 14, 15, Ch. 280, L. 1959; R.C.M. 1947, 16-4614, 16-4615; amd. Sec. 8, Ch. 14, L. 1979.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 7. Predatory Animal Control › Part 4. Dogs › 81-7-403. Dogging livestock

81-7-403. Dogging livestock.
Any person who permits or directs any dog owned by the person or in the person's possession to chase or run any cattle or other livestock of which the person is not the owner or the person in charge upon the open range or government lands or away from any watering place upon the open range is guilty of a misdemeanor and shall be punished by a fine of not more than $500.
History: En. Sec. 1, Ch. 110, L. 1903; re-en. Sec. 8861, Rev. C. 1907; re-en. Sec. 11552, R.C.M. 1921; re-en. Sec. 11552, R.C.M. 1935; Sec. 94-3567, R.C.M. 1947; redes. 46-3001 by Sec. 29, Ch. 513, L. 1973; amd. Sec. 56, Ch. 12, L. 1977; R.C.M. 1947, 46-3001; amd. Sec. 3, Ch. 106, L. 1993; amd. Sec. 2673, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 7. Predatory Animal Control › Part 5. Aerial Hunting of Predatory Animals › 81-7-501. Aerial hunting prohibited -- exceptions

81-7-501. Aerial hunting prohibited -- exceptions.
(1) Except as provided in 81-7-505, a person, except an employee of the state, its subdivisions, or the federal government who is acting within the scope of the person's employment, may not engage in the aerial hunting of predatory animals, as defined in 81-7-101, without first obtaining a permit from the department of livestock. The permit must specify the species of predatory animals to be hunted and the geographic areas over which aerial hunting may take place.
(2) A person issued a permit as required by this section may not engage in aerial hunting of predatory animals in violation of the terms of the permit, the rules promulgated by the board of livestock, or the terms of this part.
History: En. Sec. 1, Ch. 704, L. 1979; amd. Sec. 1, Ch. 333, L. 1983; amd. Sec. 5, Ch. 244, L. 1995; amd. Sec. 2674, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 7. Predatory Animal Control › Part 5. Aerial Hunting of Predatory Animals › 81-7-502. Rulemaking authority

81-7-502. Rulemaking authority.
The department of livestock may adopt rules to effectuate the purposes of this part and to implement and conduct the aerial hunting permit system provided for by this part.
History: En. Sec. 2, Ch. 704, L. 1979.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 7. Predatory Animal Control › Part 5. Aerial Hunting of Predatory Animals › 81-7-503. Repealed

81-7-503. Repealed.
Sec. 1, Ch. 132, L. 2023.
History: En. Sec. 4, Ch. 704, L. 1979; amd. Sec. 2, Ch. 333, L. 1983.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 7. Predatory Animal Control › Part 5. Aerial Hunting of Predatory Animals › 81-7-504. Duration of permit -- fee

81-7-504. Duration of permit -- fee.
The department of livestock shall establish a fee for the permit, and each permit shall be valid for a period set by the department not to exceed 3 years. Fees collected pursuant to this section must be deposited in the state special revenue fund to the credit of the department for expenses incurred administering the aerial hunting of predators permit system. The department may not use more than $2,500 in fees collected for administrative expenses. Fees collected in excess of $2,500 for administrative expenses must be deposited in the predatory animal special revenue account established in 81-7-106.
History: En. Sec. 3, Ch. 704, L. 1979; amd. Sec. 1, Ch. 277, L. 1983; amd. Sec. 14, Ch. 444, L. 1983; amd. Sec. 1, Ch. 301, L. 2019.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 7. Predatory Animal Control › Part 5. Aerial Hunting of Predatory Animals › 81-7-505. Resident landowners authorized to aerially hunt over their own lands without permit -- conditions

81-7-505. Resident landowners authorized to aerially hunt over their own lands without permit -- conditions.
Any landowner having residence and domicile in Montana may engage in the aerial hunting of predatory animals, as defined in 81-7-101, over that person's own land without a permit, provided the landowner annually notifies the department in writing that the landowner will be engaged in aerial hunting and gives an adequate description of the location of the land over which the landowner will aerially hunt. Aerial hunting must be in accordance with all rules of the department of livestock.
History: En. Sec. 5, Ch. 704, L. 1979; amd. Sec. 3, Ch. 333, L. 1983; amd. Sec. 6, Ch. 244, L. 1995.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 7. Predatory Animal Control › Part 5. Aerial Hunting of Predatory Animals › 81-7-506. Prohibition against harassing livestock

81-7-506. Prohibition against harassing livestock.
While engaged in flying an aircraft, no person, whether or not lawfully authorized to aerially hunt, may knowingly harass, injure, or attempt to injure any livestock except with the express permission of the owner of that livestock.
History: En. Sec. 5, Ch. 333, L. 1983.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 7. Predatory Animal Control › Part 5. Aerial Hunting of Predatory Animals › 81-7-511. Penalty -- revocation of permit

81-7-511. Penalty -- revocation of permit.
Any person convicted of violating a provision of this part is punishable by a fine of not less than $500 or more than $1,000. In addition, the permit, if any, of such person must be revoked for such period as the court may determine.
History: En. Sec. 6, Ch. 704, L. 1979; amd. Sec. 4, Ch. 333, L. 1983.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 7. Predatory Animal Control › Part 5. Aerial Hunting of Predatory Animals › 81-7-512. Enforcement

81-7-512. Enforcement.
(1) Investigations of violations of this part, arrests, and seizures may be made by any peace officer, or agent of the department designated by the department.
(2) To enforce this part, the department may enter into agreement with federal agencies with predatory animal control. Such agreements may allow the federal agency to assist in investigations, arrests, and seizures.
History: En. Sec. 7, Ch. 704, L. 1979.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 7. Predatory Animal Control › Part 6. County Predator Control for Protection of Cattle › 81-7-601. Definition

81-7-601. Definition.
As used in this part, the word "owners" or "persons" includes natural persons, partnerships, corporations, trusts, and estates.
History: En. Sec. 1, Ch. 76, L. 1995.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 7. Predatory Animal Control › Part 6. County Predator Control for Protection of Cattle › 81-7-602. County commissioners authorized to establish predatory animal control program for protection of cattle

81-7-602. County commissioners authorized to establish predatory animal control program for protection of cattle.
Upon the recommendation of an organized association of cattle producers in the county, the board of county commissioners may, either alone or in conjunction with the county commissioners of other counties, establish a predatory animal control program for the protection of cattle in the county or counties.
History: En. Sec. 2, Ch. 76, L. 1995.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 7. Predatory Animal Control › Part 6. County Predator Control for Protection of Cattle › 81-7-603. County commissioners permitted to require per capita license fee on cattle

81-7-603. County commissioners permitted to require per capita license fee on cattle.
(1) To defray the expense of protection, the board of county commissioners may require all owners or persons in possession of cattle 9 months of age or older in the county on the regular assessment date of each year, as provided in 15-24-903, to pay a per capita license fee in an amount to be determined by the board. All owners or persons in possession of cattle 9 months of age or older coming into the county after the regular assessment date and subject to the per capita levy under the provisions of Title 15, chapter 24, part 9, are subject to payment of the license fee.
(2) Upon the order of the board of county commissioners, the license fee may be imposed by entering the name of the licensee on the assessment record of the county by the department of revenue. The license fee is payable to and must be collected by the county treasurer. When levied, the fee is a lien upon the property, both real and personal, of the licensee. If the person against whom the license fee is levied does not own real estate against which the license fee is or may become a lien, then the license fee is payable immediately upon its levy and the treasurer shall collect the fee in the manner provided by law for the collection of personal property taxes that are not a lien upon real estate.
(3) The fees must be placed in a predatory animal control fund separate from the fund provided for in 81-7-303. The money in the predatory animal control fund may be expended by the board of county commissioners for predatory animal control, including bounties paid pursuant to Title 81, chapter 7, part 2. Interest earned on money in the fund must be deposited in the fund.
(4) Money from any source may be deposited in the predatory animal control fund provided for in this section to carry out the provisions of this part.
History: En. Sec. 3, Ch. 76, L. 1995; amd. Sec. 25, Ch. 285, L. 1999; amd. Sec. 3, Ch. 12, L. 2005; amd. Sec. 2, Ch. 176, L. 2005; amd. Sec. 5, Ch. 54, L. 2015; amd. Sec. 4, Ch. 78, L. 2017.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 7. Predatory Animal Control › Part 6. County Predator Control for Protection of Cattle › 81-7-604. Proceeds of skins taken

81-7-604. Proceeds of skins taken.
All furs, skins, and other portions of predatory animals taken through the expenditure of license fees must be sold and the proceeds of the sale deposited in the predatory animal control fund for use in carrying out the purpose of this part.
History: En. Sec. 4, Ch. 76, L. 1995.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 7. Predatory Animal Control › Part 6. County Predator Control for Protection of Cattle › 81-7-605. Duty of county commissioners -- petition of cattle owners -- license fees

81-7-605. Duty of county commissioners -- petition of cattle owners -- license fees.
(1) In conducting a predatory animal control program, the board of county commissioners shall give preference to recommendations for a program made by an organized association of cattle producers in the county. Upon petition of the resident owners of at least 51% of the cattle in the county, as shown by the property tax record of the last preceding assessment, the board shall establish the predatory animal control program and issue licenses and collect fees for the following year in an amount that will defray the cost of administering the program. The petition must be filed with the board on or before the first Monday in December in any year, and a signature on a petition may not be withdrawn by the signer after the hour set for hearing the petition. The license fee set by the board must remain in effect from year to year without change unless there is filed with the board a petition signed by the resident owners of at least 51% of the cattle in the county, as shown by the property tax record of the last assessment preceding the filing of the petition, for termination of the program and elimination of the license fee. Upon the filing of the petition, the board shall terminate the program and cease levying the license fee.
(2) If the resident owners of at least 51% of the cattle in the county file a petition with the board either for an increase in the license fee or for a decrease in the license fee then in effect, the board shall set a new license fee to continue from year to year.
History: En. Sec. 5, Ch. 76, L. 1995; amd. Sec. 3, Ch. 297, L. 2007.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 1. Livestock Markets (Repealed) › 81-8-101. Repealed

81-8-101. Repealed.
Sec. 37, Ch. 566, L. 1979.
History: En. Sec. 1, Ch. 193, L. 1945; amd. Sec. 118, Ch. 310, L. 1974; amd. Sec. 1, Ch. 292, L. 1975; amd. Sec. 30, Ch. 12, L. 1977; R.C.M. 1947, 46-906.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 1. Livestock Markets (Repealed) › 81-8-102. Repealed

81-8-102. Repealed.
Sec. 37, Ch. 566, L. 1979.
History: En. Sec. 3, Ch. 193, L. 1945; amd. Sec. 120, Ch. 310, L. 1974; amd. Sec. 34, Ch. 12, L. 1977; R.C.M. 1947, 46-908.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 1. Livestock Markets (Repealed) › 81-8-103. Repealed

81-8-103. Repealed.
Sec. 37, Ch. 566, L. 1979.
History: En. Sec. 4, Ch. 193, L. 1945; amd. Sec. 121, Ch. 310, L. 1974; amd. Sec. 1, Ch. 44, L. 1977; R.C.M. 1947, 46-909.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 1. Livestock Markets (Repealed) › 81-8-104. Repealed

81-8-104. Repealed.
Sec. 37, Ch. 566, L. 1979.
History: En. 46-909.1 by Sec. 1, Ch. 192, L. 1977; R.C.M. 1947, 46-909.1.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 1. Livestock Markets (Repealed) › 81-8-105. Repealed

81-8-105. Repealed.
Sec. 37, Ch. 566, L. 1979.
History: En. Sec. 6, Ch. 193, L. 1945; amd. Sec. 95, Ch. 147, L. 1963; amd. Sec. 123, Ch. 310, L. 1974; amd. Sec. 36, Ch. 12, L. 1977; R.C.M. 1947, 46-911.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 1. Livestock Markets (Repealed) › 81-8-106. Repealed

81-8-106. Repealed.
Sec. 37, Ch. 566, L. 1979.
History: En. Sec. 7, Ch. 193, L. 1945; amd. Sec. 124, Ch. 310, L. 1974; amd. Sec. 37, Ch. 12, L. 1977; amd. Sec. 2, Ch. 44, L. 1977; R.C.M. 1947, 46-912.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 1. Livestock Markets (Repealed) › 81-8-107. Repealed

81-8-107. Repealed.
Sec. 37, Ch. 566, L. 1979.
History: En. Sec. 10, Ch. 193, L. 1945; amd. Sec. 127, Ch. 310, L. 1974; amd. Sec. 39, Ch. 12, L. 1977; R.C.M. 1947, 46-915.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 1. Livestock Markets (Repealed) › 81-8-108. Repealed

81-8-108. Repealed.
Sec. 37, Ch. 566, L. 1979.
History: En. Sec. 12, Ch. 193, L. 1945; amd. Sec. 1, Ch. 231, L. 1947; amd. Sec. 129, Ch. 310, L. 1974; amd. Sec. 41, Ch. 12, L. 1977; R.C.M. 1947, 46-917.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 1. Livestock Markets (Repealed) › 81-8-109. Repealed

81-8-109. Repealed.
Sec. 37, Ch. 566, L. 1979.
History: En. 46-906.1 by Sec. 2, Ch. 292, L. 1975; amd. Sec. 31, Ch. 12, L. 1977; R.C.M. 1947, 46-906.1.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 1. Livestock Markets (Repealed) › 81-8-121. Repealed

81-8-121. Repealed.
Sec. 37, Ch. 566, L. 1979.
History: En. Sec. 2, Ch. 193, L. 1945; amd. Sec. 119, Ch. 310, L. 1974; amd. Sec. 32, Ch. 12, L. 1977; R.C.M. 1947, 46-907.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 1. Livestock Markets (Repealed) › 81-8-122. Repealed

81-8-122. Repealed.
Sec. 37, Ch. 566, L. 1979.
History: En. Sec. 9, Ch. 193, L. 1945; amd. Sec. 126, Ch. 310, L. 1974; R.C.M. 1947, 46-914.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 1. Livestock Markets (Repealed) › 81-8-123. Repealed

81-8-123. Repealed.
Sec. 37, Ch. 566, L. 1979.
History: En. Sec. 2, Ch. 96, L. 1907; Sec. 1816, Rev. C. 1907; re-en. Sec. 3329, R.C.M. 1921; re-en. Sec. 3329, R.C.M. 1935; amd. Sec. 115, Ch. 310, L. 1974; R.C.M. 1947, 46-902.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 1. Livestock Markets (Repealed) › 81-8-124. Repealed

81-8-124. Repealed.
Sec. 37, Ch. 566, L. 1979.
History: En. Sec. 3, Ch. 96, L. 1907; Sec. 1817, Rev. C. 1907; re-en. Sec. 3330, R.C.M. 1921; re-en. Sec. 3330, R.C.M. 1935; amd. Sec. 116, Ch. 310, L. 1974; amd. Sec. 29, Ch. 12, L. 1977; R.C.M. 1947, 46-903(part).
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 1. Livestock Markets (Repealed) › 81-8-125. Repealed

81-8-125. Repealed.
Sec. 37, Ch. 566, L. 1979.
History: (1), (2)En. Sec. 1, Ch. 96, L. 1907; Sec. 1815, Rev. C. 1907; amd. Sec. 1, Ch. 21, L. 1909; re-en. Sec. 3328, R.C.M. 1921; re-en. Sec. 3328, R.C.M. 1935; Sec. 46-901, R.C.M. 1947; (3)En. Sec. 8, Ch. 193, L. 1945; amd. Sec. 125, Ch. 310, L. 1974; amd. Sec. 38, Ch. 12, L. 1977; Sec. 46-913, R.C.M. 1947; R.C.M. 1947, 46-901, 46-913.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 1. Livestock Markets (Repealed) › 81-8-126. Repealed

81-8-126. Repealed.
Sec. 37, Ch. 566, L. 1979.
History: En. Sec. 3, Ch. 96, L. 1907; Sec. 1817, Rev. C. 1907; re-en. Sec. 3330, R.C.M. 1921; re-en. Sec. 3330, R.C.M. 1935; amd. Sec. 116, Ch. 310, L. 1974; amd. Sec. 29, Ch. 12, L. 1977; R.C.M. 1947, 46-903(part).
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 1. Livestock Markets (Repealed) › 81-8-127. Repealed

81-8-127. Repealed.
Sec. 37, Ch. 566, L. 1979.
History: En. 46-907.1 by Sec. 3, Ch. 292, L. 1975; amd. Sec. 33, Ch. 12, L. 1977; R.C.M. 1947, 46-907.1.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 1. Livestock Markets (Repealed) › 81-8-128. Repealed

81-8-128. Repealed.
Sec. 37, Ch. 566, L. 1979.
History: En. Sec. 14, Ch. 193, L. 1945; R.C.M. 1947, 46-919.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 1. Livestock Markets (Repealed) › 81-8-129. Repealed

81-8-129. Repealed.
Sec. 37, Ch. 566, L. 1979.
History: En. Sec. 11, Ch. 193, L. 1945; amd. Sec. 128, Ch. 310, L. 1974; amd. Sec. 40, Ch. 12, L. 1977; R.C.M. 1947, 46-916.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 1. Livestock Markets (Repealed) › 81-8-130. Repealed

81-8-130. Repealed.
Sec. 37, Ch. 566, L. 1979.
History: En. Sec. 13, Ch. 193, L. 1945; amd. Sec. 130, Ch. 310, L. 1974; R.C.M. 1947, 46-918.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 1. Livestock Markets (Repealed) › 81-8-131. Repealed

81-8-131. Repealed.
Sec. 37, Ch. 566, L. 1979.
History: En. Sec. 1, Ch. 34, L. 1969; amd. Sec. 131, Ch. 310, L. 1974; R.C.M. 1947, 46-918.1.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 1. Livestock Markets (Repealed) › 81-8-132. Repealed

81-8-132. Repealed.
Sec. 37, Ch. 566, L. 1979.
History: En. Sec. 15, Ch. 193, L. 1945; amd. Sec. 132, Ch. 310, L. 1974; amd. Sec. 42, Ch. 12, L. 1977; R.C.M. 1947, 46-920.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 1. Livestock Markets (Repealed) › 81-8-133. Repealed

81-8-133. Repealed.
Sec. 37, Ch. 566, L. 1979.
History: En. Sec. 16, Ch. 193, L. 1945; amd. Sec. 43, Ch. 12, L. 1977; R.C.M. 1947, 46-921.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 2. Livestock Markets and Dealers › 81-8-201. Repealed

81-8-201. Repealed.
Sec. 37, Ch. 566, L. 1979.
History: En. Sec. 1, Ch. 414, L. 1971; amd. Sec. 182, Ch. 310, L. 1974; R.C.M. 1947, 46-2901.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 2. Livestock Markets and Dealers › 81-8-202. Repealed

81-8-202. Repealed.
Sec. 37, Ch. 566, L. 1979.
History: En. Sec. 2, Ch. 414, L. 1971; amd. Sec. 183, Ch. 310, L. 1974; R.C.M. 1947, 46-2902.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 2. Livestock Markets and Dealers › 81-8-203. Repealed

81-8-203. Repealed.
Sec. 37, Ch. 566, L. 1979.
History: En. Sec. 7, Ch. 414, L. 1971; amd. Sec. 190, Ch. 310, L. 1974; R.C.M. 1947, 46-2907.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 2. Livestock Markets and Dealers › 81-8-204. Repealed

81-8-204. Repealed.
Sec. 37, Ch. 566, L. 1979.
History: En. Sec. 3, Ch. 414, L. 1971; amd. Sec. 184, Ch. 310, L. 1974; R.C.M. 1947, 46-2903.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 2. Livestock Markets and Dealers › 81-8-205. Repealed

81-8-205. Repealed.
Sec. 37, Ch. 566, L. 1979.
History: En. 46-2903.1 by Sec. 185, Ch. 310, L. 1974; R.C.M. 1947, 46-2903.1
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 2. Livestock Markets and Dealers › 81-8-206. Repealed

81-8-206. Repealed.
Sec. 37, Ch. 566, L. 1979.
History: En. 46-2903.2 by Sec. 186, ch. 310, L. 1974; amd. Sec. 1, Ch. 17. L. 1977; R.C.M. 1947, 46-2903.2.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 2. Livestock Markets and Dealers › 81-8-207. Repealed

81-8-207. Repealed.
Sec. 37, Ch. 566, L. 1979.
History: En. Sec. 4, Ch. 414, L. 1971; amd. Sec. 187, Ch. 310, L. 1974; R.C.M. 1947, 46-2904.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 2. Livestock Markets and Dealers › 81-8-208. Repealed

81-8-208. Repealed.
Sec. 37, Ch. 566, L. 1979.
History: En. Sec. 5, Ch. 414, L. 1971; amd. Sec. 188, Ch. 310, L. 1974; R.C.M. 1947, 46-2905.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 2. Livestock Markets and Dealers › 81-8-209. Repealed

81-8-209. Repealed.
Sec. 37, Ch. 566, L. 1979.
History: En. Sec. 6, Ch. 414, L. 1971; amd. Sec. 189, Ch. 310, L. 1974; R.C.M. 1947, 46-2906.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 2. Livestock Markets and Dealers › 81-8-210. Repealed

81-8-210. Repealed.
Sec. 37, Ch. 566, L. 1979.
History: En. 46-2906.1 by Sec. 2, Ch. 190, L. 1977; R.C.M. 1947, 46-2906.1.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 2. Livestock Markets and Dealers › 81-8-212. Purpose

81-8-212. Purpose.
The purpose of this part is to:
(1) simplify, clarify, and modernize the law governing livestock marketing businesses and livestock marketing transactions;
(2) encourage, stimulate, and stabilize the livestock economy of the state; and
(3) promote open, free, and competitive factors in the marketplace in relation to all market conditions involving the sale and purchase of livestock.
History: En. Sec. 2, Ch. 566, L. 1979.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 2. Livestock Markets and Dealers › 81-8-214. Regulation of certain nonmarket sales

81-8-214. Regulation of certain nonmarket sales.
(1) A person not a livestock market operator authorized under this part conducting the sale of livestock in a breed sale, a breed association sale, or at a test station sale, except when all of the livestock are owned by that person and are being sold from that person's own place, shall obtain approval from the department before conducting the sale.
(2) The department, as conditions to granting approval, may require:
(a) the names and addresses of those conducting the sale;
(b) the date and time when and the place where the sale will be conducted;
(c) a detailed statement of the assets and liabilities of the persons conducting the sale;
(d) the establishment of a custodial account into which all money received for the sale of livestock must be deposited;
(e) the posting of a reasonable bond or its equivalent in an amount determined by the department;
(f) the commissions or charges proposed to be imposed on the owners of livestock for services associated with the sale;
(g) a guarantee to pay all consignors in full within a reasonable time as set by the department; and
(h) other information that the department considers necessary.
History: En. Sec. 16, Ch. 566, L. 1979; amd. Sec. 1, Ch. 11, L. 1995.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 2. Livestock Markets and Dealers › 81-8-215. Quarantine of diseased animals

81-8-215. Quarantine of diseased animals.
If the livestock inspector at a sale finds any livestock afflicted with an infectious or contagious disease, the inspector shall immediately take possession of the livestock and place the livestock in quarantine, to be disposed of as directed by the department.
History: En. Sec. 21, Ch. 566, L. 1979; amd. Sec. 2675, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 2. Livestock Markets and Dealers › 81-8-216. Penalties

81-8-216. Penalties.
(1) A person who knowingly violates any provision of 81-8-214, 81-8-215, 81-8-251 through 81-8-256, and 81-8-258 through 81-8-263 or rules adopted by the department under 81-8-231 is guilty of a misdemeanor and upon conviction shall be fined not less than $100 or more than $600, imprisoned in the county jail not less than 30 days or more than 6 months, or both. A person convicted of a subsequent violation of 81-8-214, 81-8-215, 81-8-251 through 81-8-256, and 81-8-258 through 81-8-263 or rules adopted to implement those sections shall be fined not less than $200 or more than $1,000, imprisoned in the county jail for not less than 3 months or more than 6 months, or both, and the department may cancel the person's certificate.
(2) Of all fines assessed and collected under this section, except those assessed and collected in a justice's court, 50% must be paid into the state treasury and credited to the special revenue fund for the use of the department and 50% must be paid into the general revenue fund of the county in which the conviction occurred.
(3) A person is, upon conviction, guilty of a felony if the person knowingly fails:
(a) to establish a custodial account resulting in a failure to account for or to remit money belonging to others under this chapter; or
(b) to properly use a custodial account resulting in a failure to account for or to remit money belonging to others under this chapter.
History: En. Sec. 24, Ch. 566, L. 1979; amd. Sec. 3, Ch. 52, L. 1985; amd. Sec. 142, Ch. 370, L. 1987; amd. Sec. 56, Ch. 557, L. 1987; amd. Sec. 1, Ch. 279, L. 1989; amd. Sec. 1, Ch. 5, L. 1993.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 2. Livestock Markets and Dealers › 81-8-231. Duties of department

81-8-231. Duties of department.
The department shall:
(1) supervise and regulate livestock markets and livestock dealers in this state and periodically audit the records of those markets and dealers;
(2) regulate the properties, facilities, operations, services, and practices of all livestock markets and livestock dealers;
(3) supervise and regulate livestock markets in all matters affecting the relationship between the livestock market and owners of livestock and between the livestock market and purchasers of livestock;
(4) prescribe, by general order or otherwise, rules in conformity with this part applicable to all livestock markets or livestock dealers and not in conflict with the laws of the United States or regulations of the United States department of agriculture or other federal agencies;
(5) enforce this part and adopt rules necessary to carry out this part.
History: En. Sec. 4, Ch. 566, L. 1979; amd. Sec. 4, Ch. 52, L. 1985; amd. Sec. 2, Ch. 11, L. 1995.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 2. Livestock Markets and Dealers › 81-8-232. Posting of certificate or license

81-8-232. Posting of certificate or license.
A person who is certified or licensed under the provisions of this part shall conspicuously post at the person's place of business for inspection by any other person the certificate or license issued by the department.
History: En. Sec. 5, Ch. 566, L. 1979; amd. Sec. 2676, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 2. Livestock Markets and Dealers › 81-8-233. Title warranty of livestock sold

81-8-233. Title warranty of livestock sold.
A livestock market or livestock dealer shall warrant to the purchaser thereof the title of all livestock sold. A livestock market is liable to the rightful owner of all livestock sold for the net proceeds for such livestock whether or not the rightful owner was known to the market at the time of the sale.
History: En. Sec. 8, Ch. 566, L. 1979; amd. Sec. 5, Ch. 52, L. 1985.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 2. Livestock Markets and Dealers › 81-8-234. Financial responsibility

81-8-234. Financial responsibility.
(1) Every livestock market or livestock dealer shall maintain a financial condition of total assets in excess of total liability, including total current assets in excess of total current liabilities.
(2) Payment for livestock purchased shall be made upon completion of the sales transaction. Payment in all livestock transactions shall be made by cash, check, or draft, as defined in 30-3-104; by electronic funds transfer, as defined in 32-6-103; or by any other bankable instrument.
History: En. Sec. 6, Ch. 566, L. 1979; amd. Sec. 6, Ch. 52, L. 1985.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 2. Livestock Markets and Dealers › 81-8-235. Penalties for financial violations

81-8-235. Penalties for financial violations.
(1) A person found, after notice and hearing, to be in violation of 81-8-234 shall be assessed a civil penalty by the department of not less than $100 or more than $5,000 or have the person's license or certificate suspended or revoked, or both.
(2) A person found, after notice and hearing, to have committed a subsequent violation of 81-8-234 after the department has assessed a penalty pursuant to subsection (1) shall be fined not less than $250 or more than $5,000 and have the person's license or certificate suspended or revoked.
(3) A person, whether or not licensed under this part, who issues or delivers a check or other order upon a real or fictitious depository in payment for a livestock purchase knowing that it will not be paid by the depository is guilty of a felony and on conviction shall be imprisoned for not more than 5 years or be fined not more than $10,000, or both. If the person has an account with the depository, failure to make good the check or other order within 5 days after written notice of nonpayment has been received by the issuer is prima facie evidence that the person knew it would not be paid by the depository.
History: En. Sec. 7, Ch. 566, L. 1979; amd. Sec. 7, Ch. 52, L. 1985; amd. Sec. 2677, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 2. Livestock Markets and Dealers › 81-8-236. Injunctive remedy

81-8-236. Injunctive remedy.
The operation of a livestock market or the buying or selling of livestock by a person not licensed or certified and bonded as required by this part may be enjoined by the district court on petition from the department upon a showing that a person is engaged in the business of a livestock market or livestock dealer as defined in 81-8-213 without the license or certificate and bond required by this part. The court shall enjoin the person from further activities as a livestock market operator or livestock dealer until the license or certificate and bond have been properly obtained. It is not necessary to show that any individual has been injured by the actions complained of in order to obtain the issuance of the injunction. The injunctive relief provided by this section is an additional remedy to the criminal penalties provided in this part.
History: En. Sec. 33, Ch. 566, L. 1979; amd. Sec. 8, Ch. 52, L. 1985.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 2. Livestock Markets and Dealers › 81-8-251. Certificate to operate livestock market required -- application

81-8-251. Certificate to operate livestock market required -- application.
(1) A person may not operate as a livestock market unless the person first obtains from the department a certificate declaring that public convenience and necessity require the operation.
(2) The application for a certificate of public convenience must be in writing, verified by the applicant, and filed with the department. The application must specify the following:
(a) (i) the names of the persons applying for a certificate together with their permanent addresses; or
(ii) if the applicant is a firm, association, partnership, or corporation, the names of its directors, officers, and members, if applicable;
(b) the place where the applicant proposes to operate as a livestock market;
(c) a complete description of the property and facilities proposed to be used for the livestock market;
(d) the commissions or charges the applicant proposes to impose on the consignors' livestock for services rendered by the applicant in the operation of the livestock market;
(e) a detailed statement of the facts on which the applicant relies to show public convenience and necessity for the livestock market, including the trade area to be served, the economic benefits to the livestock industry, and the services to be offered;
(f) if the applicant is a foreign corporation, its principal place of business outside the state, the state in which it is incorporated, and a showing that it is in compliance with the laws relating to foreign corporations doing business in this state;
(g) a detailed financial statement showing that current assets exceed current liabilities and that long-term assets exceed long-term liabilities; and
(h) any additional information the department may require.
History: En. Sec. 9, Ch. 566, L. 1979; amd. Sec. 2678, Ch. 56, L. 2009; amd. Sec. 2, Ch. 37, L. 2023.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 2. Livestock Markets and Dealers › 81-8-252. Hearing on application for certificate -- decision

81-8-252. Hearing on application for certificate -- decision.
(1) Upon the filing of an application for a certificate of public convenience pursuant to 81-8-251, the department shall fix a time and place for a hearing on the application, which may not be less than 10 days after the filing. The department shall have a copy of the application, excluding the financial statement described in 81-8-251(2)(g), and notice of the hearing served by mail on:
(a) the operators of any other livestock markets that in the opinion of the department might be affected by the granting of the certificate;
(b) the secretaries of the Montana stockgrowers association and the Montana woolgrowers association;
(c) the secretary of the district livestock association, if any;
(d) the secretary of the livestock association or associations, if any, within the vicinity of the proposed livestock market, if known to the department; and
(e) any railroad company operating into or through the town or city in which the proposed livestock market will be located.
(2) If, after the hearing on the application, the department finds from the evidence that public convenience and necessity require the authorization of the proposed livestock market, a certificate must be issued to the applicant. In determining whether public convenience and necessity require the livestock market, the department shall give reasonable consideration to the service rendered by other existing livestock markets in this state and the effect on them if the proposed livestock market is authorized and shall give due consideration to the likelihood of the proposed service being permanent and continuous throughout 12 months of the year.
History: En. Sec. 10, Ch. 566, L. 1979; amd. Sec. 1, Ch. 39, L. 1987; amd. Sec. 3, Ch. 37, L. 2023.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 2. Livestock Markets and Dealers › 81-8-253. Transfer of certificate

81-8-253. Transfer of certificate.
The department may approve the transfer of ownership of a certificate of public convenience and necessity issued pursuant to this part without a determination and showing of public convenience and necessity. Such approval may be granted only after a public hearing at which the transferee's qualifications to operate a livestock market have been thoroughly examined and found sufficient to properly operate a livestock market. A minimum of 10 days' notice by mail must be given to all persons to whom notice is sent pursuant to the provisions of 81-8-252 of a hearing to consider an initial application for a certificate.
History: En. Sec. 11, Ch. 566, L. 1979.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 2. Livestock Markets and Dealers › 81-8-254. Cancellation or suspension of certificate

81-8-254. Cancellation or suspension of certificate.
(1) The department may cancel or suspend the certificate of an operator of a livestock market if it finds that the operator:
(a) is guilty of fraud or misrepresentation as to the titles, charges, number, brands, weights, proceeds of sale, or ownership of livestock;
(b) is in violation of any of the provisions of this part;
(c) is in violation of any of the rules adopted by the department; or
(d) is in violation of Title 81, chapter 3, part 2.
(2) The department on its own initiative or on written complaint may investigate a livestock market and may file a complaint against the livestock market with the board. The complaint shall be set for hearing before the board, and the department shall serve notice of the hearing on the livestock market at least 10 days before such hearing.
(3) An investigation or hearing initiated by the department under this part may be held before an examiner designated by the board. Any finding or order made by an examiner, if confirmed by the board, is the order or finding of the board.
History: En. Sec. 14, Ch. 566, L. 1979.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 2. Livestock Markets and Dealers › 81-8-255. Appeal by holder of or applicant for certificate

81-8-255. Appeal by holder of or applicant for certificate.
An appeal of a decision of the department refusing to grant an application for a certificate or suspending or revoking a certificate of a livestock market shall be taken to the district court of the county in which the proposed livestock market is to be located or in which the authorized livestock market has its principal place of business. The appellant shall file a bond with the clerk of the district court in the sum of $300, to be approved by the judge, conditioned to pay all costs that may be awarded against the appellant in the event of an adverse decision or the decision of the department being affirmed. The cost of preparing transcripts shall be paid by appellant. In a case of suspension or revocation of a certificate, the filing of the notice and bond stays the order of the department until the final determination of the appeal. If the appellant fails to perfect the appeal, the stay shall automatically terminate.
History: En. Sec. 15, Ch. 566, L. 1979.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 2. Livestock Markets and Dealers › 81-8-256. Fee to operate livestock market

81-8-256. Fee to operate livestock market.
A person operating a livestock market shall pay annually on May 1 to the department a fee established by the department. All fees shall be paid into the state treasury and credited to the state special revenue fund for the use of the department.
History: En. Sec. 12, Ch. 566, L. 1979; amd. Sec. 1, Ch. 277, L. 1983; amd. Sec. 15, Ch. 444, L. 1983.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 2. Livestock Markets and Dealers › 81-8-258. Records and reports

81-8-258. Records and reports.
Each livestock market shall keep accounts, records, and memoranda and shall make reports which the board requires, and the board and its authorized agents and employees shall at all times have access to the accounts, records, and memoranda for inspection and examination.
History: En. Sec. 18, Ch. 566, L. 1979.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 8. Marketing › Part 2. Livestock Markets and Dealers › 81-8-259. Occasional off-premises sales

81-8-259. Occasional off-premises sales.
(1) The department may authorize occasional off-premises sales by authorized livestock markets and may establish the conditions under which approval for an off-premises sale may be granted, including any change in bonding requirements the department considers necessary.
(2) No livestock market for which a certificate has been issued under this part may conduct an off-premises sale without obtaining prior approval of the department.
History: En. Sec. 17, Ch. 566, L. 1979.