reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 15. Montana Agricultural Chemical Ground Water Protection Act › Part 2. Control › 80-15-212. Specific agricultural chemical ground water management plans

80-15-212. Specific agricultural chemical ground water management plans.
(1) Except as provided in 80-15-216, the department shall develop and implement agricultural chemical ground water management plans specific to particular agricultural chemicals and to a defined geographical area when the level of an agricultural chemical found in ground water is at 50% or greater of the standard or interim numerical standard at a point of standards application and is scientifically validated.
(2) The department may develop and implement an agricultural chemical ground water management plan specific to particular agricultural chemicals and may consider but is not limited to considering the following elements when determining whether or not to develop and implement agricultural chemical ground water management plans:
(a) a definite trend of increased presence of the agricultural chemical in ground water at a point of standards application is scientifically validated;
(b) agricultural chemicals have been determined to have migrated in the ground water from the point of detection;
(c) EPA proposes to suspend or cancel registration of an agricultural chemical, prohibits or restricts the chemical's sale or use in the state, or otherwise initiates action against a chemical because of ground water concerns, and EPA's action, restriction, or prohibition will be implemented unless the state develops an adequate management plan; or
(d) agricultural chemicals that possess or are suspected of possessing properties that indicate potential to migrate to ground water are being applied on areas underlain by ground water that is vulnerable to impairment.
(3) The department may initiate educational programs about agricultural chemical management to provide information and management techniques to protect ground water in an effort to preclude the need for development of specific agricultural chemical ground water management plans in the future.
(4) A person using an agricultural chemical that is addressed by a specific agricultural chemical ground water management plan in the geographical region that is addressed by the plan shall comply with the plan. The department may specifically identify and designate persons who are under the plan and may inform any person about the plan.
(5) The department shall prioritize preparation of specific agricultural chemical ground water management plans in consideration of the specific circumstances of each area and within available resources.
History: En. Sec. 12(2) thru (4), Ch. 668, L. 1989; amd. Sec. 1, Ch. 561, L. 2005.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 15. Montana Agricultural Chemical Ground Water Protection Act › Part 2. Control › 80-15-213. Beneficial use to be considered in developing management plans -- water classification

80-15-213. Beneficial use to be considered in developing management plans -- water classification.
(1) (a) In developing general and specific agricultural chemical ground water management plans, the department shall consider the current and potential beneficial use of the ground water included in or affected by the plans.
(b) If the ground water has not been classified:
(i) the department shall consider it to be included in the classification representing the highest quality of ground water until the ground water is classified by the department of environmental quality; and
(ii) the department may proceed to develop an agricultural chemical ground water management plan as provided in 80-15-212(1) and (2).
(2) The department may request the department of environmental quality to classify certain ground water and may collect the data and information required by the department of environmental quality to classify the ground water. If adequate technical data and financial resources are available as determined by the department of environmental quality, the department of environmental quality shall classify ground water at locations as requested by the department.
History: En. Sec. 12(5), (6), Ch. 668, L. 1989; amd. Sec. 340, Ch. 418, L. 1995; amd. Sec. 2, Ch. 561, L. 2005.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 15. Montana Agricultural Chemical Ground Water Protection Act › Part 2. Control › 80-15-214. Contents of specific agricultural chemical ground water management plan

80-15-214. Contents of specific agricultural chemical ground water management plan.
(1) A specific agricultural chemical ground water management plan must include:
(a) requirements to prevent ground water impairment that are based on ground water use, value, and vulnerability and that address all applicable aspects of agricultural chemical use; and
(b) requirements to prevent or minimize further presence of the agricultural chemical in the ground water and to provide protection for the present and future beneficial use of the ground water.
(2) A specific agricultural chemical ground water management plan may include but is not limited to the following elements:
(a) identification of geographical areas where an agricultural chemical may be used;
(b) ground water, soil, meteorological, and geological characteristics;
(c) best management plans and best management practices;
(d) identification of high-priority ground water;
(e) certification, licensing, training, and education requirements for persons using agricultural chemicals;
(f) identification of setback areas around water wells where certain activities may be restricted;
(g) agricultural chemical application rates and timing and related use criteria;
(h) alternative pest management techniques, including integrated pest management;
(i) other requirements for pesticides, as set forth in Title 80, chapter 8, and related rules, and for fertilizers, as set forth in Title 80, chapter 10, and related rules;
(j) EPA requirements; and
(k) alternative soil fertility practices.
History: En. Sec. 12(7), (8), Ch. 668, L. 1989.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 15. Montana Agricultural Chemical Ground Water Protection Act › Part 2. Control › 80-15-215. Benefits of appropriate agricultural chemical use to be considered

80-15-215. Benefits of appropriate agricultural chemical use to be considered.
(1) When developing and implementing a specific agricultural chemical ground water management plan, the department shall consider the benefits of appropriate use of the agricultural chemical and shall consult with the Montana state university-Bozeman extension service.
(2) Within available resources, the department shall contact users of an agricultural chemical and user groups that will be subject to a general or specific agricultural chemical ground water management plan to request their recommendations concerning the development of the plan.
History: En. Sec. 12(9), (10), Ch. 668, L. 1989; amd. sec. 36, Ch. 308, L. 1995.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 15. Montana Agricultural Chemical Ground Water Protection Act › Part 2. Control › 80-15-216. Commercial fertilizer ground water management plan

80-15-216. Commercial fertilizer ground water management plan.
The department may develop and implement a commercial fertilizer ground water management plan if the department and the department of environmental quality determine that residues from commercial fertilizer are present in the ground water or when EPA implements a program to protect ground water from fertilizers.
History: En. Sec. 12(11), Ch. 668, L. 1989; amd. Sec. 341, Ch. 418, L. 1995.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 15. Montana Agricultural Chemical Ground Water Protection Act › Part 2. Control › 80-15-217. Management plans -- rulemaking -- review

80-15-217. Management plans -- rulemaking -- review.
(1) The department shall adopt specific agricultural chemical ground water management plans through rulemaking; however, the department may implement emergency plans as set forth in 80-8-105(4) or as authorized by the Montana Administrative Procedure Act. Prior to rulemaking, the department shall provide to the department of environmental quality a copy of each proposed specific agricultural chemical ground water management plan. A 30-day period must be provided for the department of environmental quality to prepare comments on the plan.
(2) The department shall review agricultural chemical ground water management plans periodically to determine if the requirements contained in the plans need to be modified based on new scientific data and information. Plan modifications must be accomplished by rulemaking.
History: En. Sec. 12(12), (13), Ch. 668, L. 1989; amd. Sec. 342, Ch. 418, L. 1995.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 15. Montana Agricultural Chemical Ground Water Protection Act › Part 2. Control › 80-15-218. Notice to buyer

80-15-218. Notice to buyer.
A person who sells agricultural land that is subject to the provisions of a specific agricultural chemical ground water management plan shall provide the buyer with written notice about the buyer's obligations under the plan and shall forward a copy of the notice to the department. The department is not responsible for enforcement of this section.
History: En. Sec. 12(14), Ch. 668, L. 1989; amd. Sec. 2622, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 15. Montana Agricultural Chemical Ground Water Protection Act › Part 3. Funding › 80-15-301. Agricultural chemical ground water protection accounts -- acceptance and expenditure of gifts, grants, and funds

80-15-301. Agricultural chemical ground water protection accounts -- acceptance and expenditure of gifts, grants, and funds.
(1) There is a department of agriculture agricultural chemical ground water protection special revenue account and a department of environmental quality agricultural chemical ground water protection special revenue account within the state special revenue fund established by 17-2-102.
(2) Both accounts named in subsection (1) may receive funds from any source as gifts, grants, cost-share funds, or other funds designated for agricultural chemical ground water protection purposes.
(3) The department and the department of environmental quality may individually or jointly spend funds received by their respective accounts for the purposes authorized by this chapter.
History: En. Sec. 14, Ch. 668, L. 1989; amd. Sec. 343, Ch. 418, L. 1995.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 15. Montana Agricultural Chemical Ground Water Protection Act › Part 3. Funding › 80-15-302. Special funding

80-15-302. Special funding.
(1) A fee of $95 is assessed for the registration of pesticides in addition to the fee imposed by 80-8-201.
(2) The money collected from the registration fee established by subsection (1) must be deposited in the state special revenue fund as follows:
(a) Each of the following state agencies must be credited $15,000 for purposes of administering or assisting the department in administering this chapter:
(i) department of environmental quality; and
(ii) Montana state university-Bozeman extension service.
(b) The department must be credited with the remainder of the registration fee money to use in administering this chapter.
(3) A fee of $10 is assessed for the registration of fertilizers in addition to the fees imposed by 80-10-201(1)(a)(i) and (1)(a)(ii). The additional fee must be used for the ground water protection responsibilities of the department relating to fertilizers. Revenues collected from this fee must be credited to the commercial fertilizer agricultural chemical ground water account within the state special revenue fund for the administration of this chapter.
(4) The department may direct the board of investments to invest the portion of the money collected under this section that is credited to the department pursuant to the provisions of 17-6-201. The income from the investments must be deposited in the state special revenue fund and credited to the department.
History: En. Sec. 15, Ch. 668, L. 1989; amd. Sec. 5, Ch. 588, L. 1991; amd. Sec. 344, Ch. 418, L. 1995; amd. sec. 36, Ch. 308, L. 1995; amd. Sec. 2, Ch. 141, L. 2001; amd. Sec. 16, Ch. 395, L. 2009; amd. Sec. 13, Ch. 244, L. 2017.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 15. Montana Agricultural Chemical Ground Water Protection Act › Part 4. Enforcement › 80-15-401. Authority to investigate and inspect

80-15-401. Authority to investigate and inspect.
Authorized representatives of the department, consistent with the responsibilities set forth in this chapter and upon presentation of department-issued credentials, may at reasonable times or under emergency conditions enter upon any public or private property to:
(1) investigate conditions relating to compliance with agricultural chemical labels, agricultural chemical ground water management plans, monitoring requirements, or ground water protection requirements and to investigate violations of plans or compliance orders;
(2) gain access to and copy any records required by the department in the administration of this chapter;
(3) establish and inspect monitoring equipment; and
(4) sample ground water, including drinking water supply sources such as wells and similar structures.
History: En. Sec. 16, Ch. 668, L. 1989.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 15. Montana Agricultural Chemical Ground Water Protection Act › Part 4. Enforcement › 80-15-402. Prohibited activity

80-15-402. Prohibited activity.
It is unlawful for a person to:
(1) violate any provision of a specific agricultural chemical ground water management plan;
(2) violate any lawful order issued pursuant to this chapter; or
(3) violate any provision of this chapter.
History: En. Sec. 17, Ch. 668, L. 1989.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 15. Montana Agricultural Chemical Ground Water Protection Act › Part 4. Enforcement › 80-15-403. Compliance orders

80-15-403. Compliance orders.
(1) In furtherance of 80-15-402, the department may issue a compliance order to a person who violates a standard, an interim numerical standard, or any other requirement established pursuant to this chapter. The department shall coordinate its proposed actions pursuant to this section with proposed actions of the department of environmental quality pursuant to 75-5-613, if any. Issuance of a compliance order under this chapter precludes the department from taking other enforcement actions for the same violation under Title 80, chapter 8 or 10.
(2) (a) The department may issue a compliance order to a person who violates any requirement established pursuant to this chapter. This subsection does not apply:
(i) to commercial wood treatment facilities; or
(ii) when agricultural chemicals have caused or are likely to cause contamination of a public water supply system, as defined in 75-6-102.
(b) The provisions of this subsection (2) are not intended to void or affect indemnity or liability agreements between the person who owns, leases, or has possession or control of the site and the person who sold the site, who is the lessor, or who has relinquished possession or control of the site.
(3) When issuing a compliance order, the department may require a person who has violated a provision of 80-15-402 to conduct monitoring to assist in determining the presence or level of concentration of an agricultural chemical in ground water and the effectiveness of cleanup efforts. The department shall specify criteria in the compliance order for determining the duration of monitoring.
(4) A compliance order must specify the requirement violated and must set a time for compliance. In establishing a time for compliance, the department shall take into account the seriousness of the violation and any good faith efforts that the person has made to comply with the requirement that has been violated. A compliance order issued under this section must be served either personally by a person qualified to perform service under the Montana Rules of Civil Procedure or by certified mail.
History: En. Sec. 18, Ch. 668, L. 1989; amd. Sec. 6, Ch. 189, L. 1995; amd. Sec. 1, Ch. 192, L. 1995; amd. Sec. 345, Ch. 418, L. 1995.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 15. Montana Agricultural Chemical Ground Water Protection Act › Part 4. Enforcement › 80-15-404. Injunctions authorized

80-15-404. Injunctions authorized.
The department may commence a civil action seeking appropriate relief, including a permanent or temporary injunction pursuant to 80-8-306 or 80-10-303, as applicable, for a violation that is subject to a compliance order under 80-15-403.
History: En. Sec. 19, Ch. 668, L. 1989.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 15. Montana Agricultural Chemical Ground Water Protection Act › Part 4. Enforcement › 80-15-405. Emergencies

80-15-405. Emergencies.
Notwithstanding any other provisions of this chapter, if the department finds that an emergency exists that requires immediate action to protect ground water from agricultural chemicals or to prevent use of ground water impaired or likely to be impaired by agricultural chemicals, the department may, without notice or hearing, issue necessary orders or adopt rules to protect public health, welfare, and safety. The duration of an emergency order or rule is limited to the emergency provisions of the Montana Administrative Procedure Act as specified in 2-4-303.
History: En. Sec. 20, Ch. 668, L. 1989.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 15. Montana Agricultural Chemical Ground Water Protection Act › Part 4. Enforcement › 80-15-411. Violators subject to penalties

80-15-411. Violators subject to penalties.
(1) A person found to be in violation of this chapter or a rule established pursuant to this chapter is subject to the penalty provisions of 80-15-412 through 80-15-414.
(2) For the purpose of this section, the term "person" means, in addition to the definition in 80-15-102, any responsible corporate officer.
(3) Nothing in this chapter may be construed as requiring the department or an authorized agent of the department to report minor violations of this chapter for prosecution when the department or an authorized agent believes that the public interest will be best served by other remedial action, by a suitable notice of warning in writing, or by a lawful written order.
(4) Action under 80-15-412 through 80-15-414 does not bar the department from enforcement of this chapter or of rules or orders issued under this chapter by injunction or other appropriate remedy.
(5) The department and the department of environmental quality shall coordinate actions when a violator is subject to the penalties authorized by 80-15-412 through 80-15-414 and to the penalties authorized by Title 75, chapter 5, for the same violation.
History: En. Sec. 21, Ch. 668, L. 1989; amd. Sec. 346, Ch. 418, L. 1995.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 15. Montana Agricultural Chemical Ground Water Protection Act › Part 4. Enforcement › 80-15-412. Administrative civil penalty

80-15-412. Administrative civil penalty.
(1) A person who commits a violation of this chapter may be assessed an administrative civil penalty by the department of not more than $1,000 for each offense. Farm applicators possessing a pesticide permit or using a fertilizer may not be assessed an administrative civil penalty of more than $500 for the first offense. Assessment of a civil penalty may be made in conjunction with any other warning, order, or administrative action authorized by this chapter or Title 75, chapter 5, that is issued or undertaken by either the department or the department of environmental quality.
(2) An administrative civil penalty may not be assessed unless the person charged is given notice and opportunity for a hearing pursuant to Title 2, chapter 4, part 6, of the Montana Administrative Procedure Act.
(3) In determining an appropriate administrative civil penalty, the department shall consider the effect on the person's ability to continue in business, the gravity of the violation that occurred, the degree of care exercised by the offender, and whether significant harm resulted to public health, agricultural crops, livestock, or the environment.
(4) If the department is unable to collect the administrative civil penalty or if a person fails to pay all or a set portion of the administrative civil penalty as determined by the department, the department may seek to recover the amount in the appropriate district court.
(5) A person against whom the department has assessed an administrative civil penalty may, within 30 days of the final agency action making the assessment, appeal the assessment to the district court of the county in which the violation is alleged to have occurred. A jury trial must be granted when demanded under Rule 38 of the Montana Rules of Civil Procedure.
History: En. Sec. 22, Ch. 668, L. 1989; amd. Sec. 7, Ch. 189, L. 1995; amd. Sec. 347, Ch. 418, L. 1995.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 15. Montana Agricultural Chemical Ground Water Protection Act › Part 4. Enforcement › 80-15-413. Judicial civil penalty

80-15-413. Judicial civil penalty.
A person who commits a violation as specified in 80-15-402 shall be subject to a judicial civil penalty not to exceed $10,000. Each occurrence constitutes a separate violation.
History: En. Sec. 23, Ch. 668, L. 1989.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 15. Montana Agricultural Chemical Ground Water Protection Act › Part 4. Enforcement › 80-15-414. Criminal penalties

80-15-414. Criminal penalties.
(1) A person who intentionally commits a violation as specified in 80-15-402 is guilty of an offense and subject to a fine not to exceed $25,000 for each day the violation continues or imprisonment for not more than 1 year, or both. Following an initial conviction under this section, a subsequent conviction subjects a person to a fine of not more than $50,000 for each day the violation continues or imprisonment for not more than 2 years, or both.
(2) Except as otherwise provided in this chapter, a person convicted of violating any of the provisions of this chapter or rules issued under this chapter or who misrepresents, impedes, obstructs, hinders, or otherwise prevents or attempts to prevent the department from performance of its duties in connection with the provisions of this chapter is guilty of a misdemeanor and shall be fined not less than $100 but not more than $1,500.
(3) A person who knowingly makes any false statement, representation, or certification in any record, report, or other document filed or required to be maintained under this chapter or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under this chapter shall, upon conviction, be punished by a fine of not more than $5,000 or by imprisonment for not more than 6 months, or both.
(4) A person who with intent to defraud uses or reveals confidential information and data provided under this chapter or rules issued under this chapter shall, upon conviction, be fined not more than $5,000 or imprisoned for not more than 1 year, or both.
History: En. Sec. 24, Ch. 668, L. 1989.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 18. Alternative Agricultural Crops › Part 1. Hemp › 80-18-101. Definitions

80-18-101. Definitions.
As used in this part, the following definitions apply:
(1) (a) "Hemp" means the plant species Cannabis sativa L. and any part of that plant, including the seeds and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a total delta-9 tetrahydrocannabinol concentration of not more than 0.3% on a dry weight basis.
(b) The term does not include synthetic cannabinoids.
(2) "Hemp crude" means a hemp derivative in a temporary state of not complying with the legal definition of hemp, the amount of tetrahydrocannabinol, or the amount of tetrahydrocannabinolic acid that will be further processed in order to comply.
(3) "Hemp derivatives" means all products that contain or are processed from, extracted from, or manufactured from hemp.
(4) "Marijuana" means all plant material from the genus Cannabis containing tetrahydrocannabinol (THC) or seeds of the genus capable of germination.
(5) "Synthetic cannabinoids" has the meaning provided in 50-32-222 and includes any cannabinoids produced artificially, whether from chemical synthesis or biosynthesis using recombinant biological agents, including but not limited to yeast and algae.
History: En. Sec. 1, Ch. 360, L. 2001; amd. Sec. 1, Ch. 289, L. 2019; amd. Sec. 1, Ch. 59, L. 2021; amd. Sec. 12, Ch. 746, L. 2023.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 18. Alternative Agricultural Crops › Part 1. Hemp › 80-18-102. Hemp authorized as agricultural crop

80-18-102. Hemp authorized as agricultural crop.
Hemp is considered an agricultural crop in this state. Upon meeting the requirements of 80-18-103, an individual in this state may plant, grow, harvest, possess, process, sell, or buy hemp, including cultivatable seeds or plants.
History: En. Sec. 2, Ch. 360, L. 2001; amd. Sec. 2, Ch. 289, L. 2019; amd. Sec. 2, Ch. 59, L. 2021.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 18. Alternative Agricultural Crops › Part 1. Hemp › 80-18-103. Hemp -- licensing

80-18-103. Hemp -- licensing.
(1) An individual growing hemp or selling propagatable hemp or hemp seeds shall apply to the department for a license on a form prescribed by the department.
(2) The application for a license must include the name and address of the applicant and the legal description of the land area to be used for the production of hemp and any additional information required by rule.
(3) The licensing requirements of this part do not apply to employees of the agricultural experiment station or the Montana state university-Bozeman extension service involved in research and extension-related activities.
History: En. Sec. 3, Ch. 360, L. 2001; amd. Sec. 3, Ch. 289, L. 2019; amd. Sec. 3, Ch. 59, L. 2021.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 18. Alternative Agricultural Crops › Part 1. Hemp › 80-18-106. Hemp production -- notification requirements

80-18-106. Hemp production -- notification requirements.
Each licensee shall file with the department:
(1) documentation showing the type and variety of seeds; and
(2) a copy of any contract to grow hemp.
History: En. Sec. 4, Ch. 360, L. 2001; amd. Sec. 4, Ch. 289, L. 2019; amd. Sec. 4, Ch. 59, L. 2021.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 18. Alternative Agricultural Crops › Part 1. Hemp › 80-18-107. Rulemaking authority

80-18-107. Rulemaking authority.
The department shall adopt rules that include but are not limited to:
(1) testing of the hemp during growth to determine tetrahydrocannabinol levels;
(2) supervision of the hemp during its growth and harvest;
(3) assessment of a fee that is commensurate with the costs of the department's activities in licensing, testing, and supervising hemp production;
(4) a hemp definition that complies with United States department of agriculture requirements and state regulation;
(5) regulations for hemp derivatives and hemp crude, including licensing, fees, and transportation requirements;
(6) necessary licensing requirements; and
(7) any other rules and procedures necessary to carry out this part.
History: En. Sec. 5, Ch. 360, L. 2001; amd. Sec. 5, Ch. 289, L. 2019; amd. Sec. 5, Ch. 59, L. 2021.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 18. Alternative Agricultural Crops › Part 1. Hemp › 80-18-110. Disposition of fees

80-18-110. Disposition of fees.
All fees assessed as provided in 80-18-107 must be deposited with the state treasurer to the credit of the state special revenue fund for the use of the department for administering and enforcing this part.
History: En. Sec. 6, Ch. 360, L. 2001.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 18. Alternative Agricultural Crops › Part 1. Hemp › 80-18-111. Affirmative defense for possession or cultivation of marijuana

80-18-111. Affirmative defense for possession or cultivation of marijuana.
It is an affirmative defense to a prosecution for the possession or cultivation of marijuana that
the defendant was growing or processing hemp in compliance with this part or a tribal plan approved by the United States department of agriculture.
History: En. Sec. 7, Ch. 360, L. 2001; amd. Sec. 6, Ch. 289, L. 2019; amd. Sec. 6, Ch. 59, L. 2021.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 20. Agricultural Research › Part 1. Crop Research Facilities Protection Act › 80-20-102. Definitions

80-20-102. Definitions.
As used in this part, the following definitions apply:
(1) "Consent" means agreement in fact, whether express or apparent.
(2) "Crop" means a product grown, developed, or raised for purposes including but not limited to human or animal consumption, research, industrial use, commercial use, or pharmacological use.
(3) "Deprive" means to:
(a) withhold a crop or other property from the owner permanently or for such a period of time that a major portion of the value or enjoyment of the crop or property is lost to the owner;
(b) restore the crop or other property only upon payment of reward or other compensation; or
(c) dispose of a crop or other property in a manner that makes recovery of the crop or property by the owner unlikely.
(4) "Effective consent" means consent by the owner or by a person legally authorized to act for the owner. Consent is not effective if it is:
(a) induced by force or threat;
(b) given by a person who the person to whom it is given knows is not legally authorized to act for the owner; or
(c) given by a person who by reason of youth, mental disease or disorder, or being under the influence of drugs or alcohol is known by the person to whom it is given to be unable to make reasonable decisions.
(5) "Notice" means:
(a) oral or written communication by the owner or someone with apparent authority to act for the owner;
(b) fencing or other enclosure obviously designed to exclude intruders or to contain crops; or
(c) a sign or signs posted on the property or at the entrance to a building that are reasonably likely to come to the attention of intruders and that indicate that entry is forbidden.
(6) "Owner" means a person who has:
(a) title to the property; or
(b) lawful possession of the property.
(7) "Person" means an individual, state agency, corporation, association, nonprofit corporation, joint-stock company, firm, trust, or partnership; two or more persons having a joint or common interest; or some other legal entity.
(8) "Possession" means actual care, custody, control, or management.
(9) "Research facility" means a public or private place, laboratory, institution, medical care facility, elementary school, high school, college, or university at which a scientific test, experiment, or investigation involving the use of a crop is lawfully carried out, conducted, or attempted.
History: En. Sec. 2, Ch. 441, L. 2001; amd. Sec. 25, Ch. 161, L. 2015.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 20. Agricultural Research › Part 1. Crop Research Facilities Protection Act › 80-20-103. Unlawful acts

80-20-103. Unlawful acts.
(1) A person who does not have the effective consent of the owner may not acquire or otherwise exercise control over a crop research facility, a crop from a crop research facility, or other property from a crop research facility with the intent to deprive the owner of the facility, crop, or property or to damage the enterprise conducted at the crop research facility.
(2) A person who does not have the effective consent of the owner and who purposely or knowingly intends to damage the enterprise conducted at a crop research facility may not:
(a) damage or destroy a crop research facility or a crop or property in or on the premises of a crop research facility;
(b) enter a crop research facility that is at the time closed to the public with the intent to commit an act prohibited by this part;
(c) remain concealed in a crop research facility with the intent to commit an act prohibited by this part;
(d) enter a crop research facility and commit or attempt to commit an act prohibited by this part;
(e) enter a crop research facility to take pictures by photograph, video camera, or other means with the intent to commit an unlawful act; or
(f) enter or remain on the premises of a crop research facility if the person:
(i) had notice that the entry was forbidden; or
(ii) received notice to depart but failed to do so.
(3) The provisions of this part do not apply to lawful activities of a government agency or its employees who are carrying out their duties under law or to lawful activities of a financial institution or other secured party.
History: En. Sec. 3, Ch. 441, L. 2001.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 20. Agricultural Research › Part 1. Crop Research Facilities Protection Act › 80-20-104. Action for damage

80-20-104. Action for damage.
(1) A person who has been damaged by reason of a violation of 80-20-103 may bring against the person who caused the damage an action in the district court to recover actual and consequential damages and court costs and reasonable attorney fees.
(2) This part may not be construed to affect any other rights of a person who has been damaged by reason of a violation of this part. The provisions of subsection (1) may not be construed to limit the exercise of any rights arising out of or relating to a violation of 80-20-103.
History: En. Sec. 4, Ch. 441, L. 2001.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 1. Department of Livestock › Part 1. General Provisions › 81-1-101. Definitions

81-1-101. Definitions.
Unless the context requires otherwise, in Title 81, the following definitions apply:
(1) (a) "Bison" means domestic bison or feral bison.
(b) The term does not include:
(i) wild buffalo or wild bison; or
(ii) for the purposes of chapter 9, buffalo.
(2) "Board" means the board of livestock provided for in 2-15-3102, except as provided in Title 81, chapter 23.
(3) "Department" means the department of livestock provided for in Title 2, chapter 15, part 31.
(4) "Domestic bison" means a bison that is not a wild buffalo or wild bison.
(5) "Feral bison" means a domestic bison or progeny of a domestic bison that has escaped or been released from captivity and is running at large and unrestrained on public or private land.
(6) "Wild buffalo" or "wild bison" means a bison that:
(a) has not been reduced to captivity;
(b) has never been subject to the per capita fee under 15-24-921;
(c) has never been owned by a person; and
(d) is not the offspring of a bison that has been subject to the per capita fee under 15-24-921.
History: En. 46-103.1 by Sec. 48, Ch. 310, L. 1974; R.C.M. 1947, 46-103.1; amd. Sec. 1, Ch. 361, L. 2009; amd. Sec. 2, Ch. 403, L. 2011; amd. Sec. 2, Ch. 507, L. 2021.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 1. Department of Livestock › Part 1. General Provisions › 81-1-102. Duties and powers of department -- fees based on costs -- notice of rules and orders

81-1-102. Duties and powers of department -- fees based on costs -- notice of rules and orders.
(1) The department shall exercise general supervision over and, so far as possible, protect the livestock interests of the state from theft and disease and recommend legislation that in the judgment of the department fosters the livestock industry. The department may compel the attendance of witnesses, employ counsel to assist in the prosecution of violations of laws made for the protection of livestock interests, and assist in the prosecution of persons charged with illegal branding or theft of livestock or any other crime under the laws of this state for the protection of stock owners. It may adopt rules governing the recording and use of livestock brands.
(2) Except as provided in 81-8-901, the department shall by rule establish all fees that it is authorized to charge, commensurate with costs.
(3) (a) In addition to the requirements of Title 2, chapter 4, the department shall provide notice of adopted, amended, and repealed administrative rules and orders as provided in subsection (3)(b).
(b) Within 10 working days of the effective date of a rule or order, notice of the rule or order must be published on the department's website and provided to each livestock market and brand office. The department shall provide the notification by electronic means to each conservation district, veterinarian's office, and county extension office in the state and to any person or to the office of any professional or trade organization or member of those entities who has made a request to the department to be informed of the adoption, amendment, or repeal of a rule or order by the department.
(c) The notice provided pursuant to this subsection (3) must include a brief summary of the contents of the rule or order and instructions for accessing a complete copy of the rule or order electronically or by mail.
(4) The department shall perform the duties assigned to the department relating to the administration and regulation of alternative livestock ranches.
(5) The board may hire an executive officer. The executive officer serves at the pleasure of the board. The board may remove an executive officer at any time and appoint a new executive officer.
History: En. Sec. 4, Ch. 51, L. 1917; re-en. Sec. 3256, R.C.M. 1921; re-en. Sec. 3256, R.C.M. 1935; amd. Sec. 49, Ch. 310, L. 1974; amd. Sec. 52, Ch. 359, L. 1977; R.C.M. 1947, 46-104; amd. Sec. 4, Ch. 444, L. 1983; amd. Sec. 1, Ch. 503, L. 1995; amd. Sec. 2, Ch. 574, L. 1999; amd. Sec. 1, Ch. 417, L. 2011; amd. Sec. 1, Ch. 90, L. 2013; amd. Sec. 2, Ch. 187, L. 2015; amd. Sec. 1, Ch. 439, L. 2015.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 1. Department of Livestock › Part 1. General Provisions › 81-1-103. Audit of bills -- payment of expenses

81-1-103. Audit of bills -- payment of expenses.
The department shall audit all bills for expenses incurred by it in the discharge of its duties, which shall be paid out of the department's moneys in the state special revenue fund.
History: En. Sec. 5, Ch. 51, L. 1917; re-en. Sec. 3257, R.C.M. 1921; re-en. Sec. 3257, R.C.M. 1935; amd. Sec. 88, Ch. 147, L. 1963; amd. Sec. 50, Ch. 310, L. 1974; R.C.M. 1947, 46-105; amd. Sec. 1, Ch. 277, L. 1983.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 1. Department of Livestock › Part 1. General Provisions › 81-1-104. Investment of state special revenue account funds -- crediting of investment income

81-1-104. Investment of state special revenue account funds -- crediting of investment income.
The board may direct the board of investments to invest funds from state special revenue accounts of the department pursuant to the provisions of the unified investment program for state funds. The income from such investments shall be credited to the state special revenue account of the department from which the investment is made.
History: En. 46-105.1 by Sec. 1, Ch. 16, L. 1977; R.C.M. 1947, 46-105.1; amd. Sec. 44, Ch. 281, L. 1983.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 1. Department of Livestock › Part 1. General Provisions › 81-1-106. Board meetings -- recording required

81-1-106. Board meetings -- recording required.
(1) The board shall audio record and may video record all board meetings, including meetings held by conference call or other electronic means.
(2) The board shall make the audio or video recording available online in real time when possible and shall make meeting recordings publicly available on the board's website within 2 business days of the meeting date.
History: En. Sec. 1, Ch. 242, L. 2015.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 1. Department of Livestock › Part 1. General Provisions › 81-1-110. Livestock loss reduction and mitigation accounts

81-1-110. Livestock loss reduction and mitigation accounts.
(1) There are livestock loss reduction and mitigation special revenue accounts administered by the department within the state special revenue fund and the federal special revenue fund established in 17-2-102.
(2) (a) All state proceeds allocated or budgeted for the purposes of 2-15-3110 through 2-15-3114, 81-1-110, and 81-1-111, except those transferred to the account provided for in 81-1-112 or 81-1-113 or appropriated to the department of livestock, must be deposited in the state special revenue account provided for in subsection (1) of this section.
(b) Money received by the state in the form of gifts, grants, reimbursements, or allocations from any source intended to be used for the purposes of 2-15-3111 through 2-15-3113 must be deposited in the appropriate account provided for in subsection (1) of this section.
(c) All federal funds awarded to the state for compensation for wolf, mountain lion, or grizzly bear depredations on livestock must be deposited in the federal special revenue account provided for in subsection (1) for the purposes of 2-15-3112.
(3) The livestock loss board may spend funds in the accounts only to carry out the provisions of 2-15-3111 through 2-15-3113.
History: En. Sec. 5, Ch. 261, L. 2007; amd. Sec. 5, Ch. 229, L. 2011; amd. Sec. 8, Ch. 339, L. 2011; amd. Sec. 5, Ch. 172, L. 2013; amd. Sec. 4, Ch. 349, L. 2015; amd. Sec. 5, Ch. 76, L. 2017.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 1. Department of Livestock › Part 1. General Provisions › 81-1-111. Livestock loss reduction and mitigation trust fund

81-1-111. Livestock loss reduction and mitigation trust fund.
(1) The legislature shall provide for a fund, to be known as the livestock loss reduction and mitigation trust fund, to be funded with gifts, grants, reimbursements, appropriations, or allocations from any source.
(2) The principal of the livestock loss reduction and mitigation trust fund shall forever remain inviolate in an amount of $5 million unless appropriated by a vote of three-fourths of the members of each house of the legislature.
(3) The interest and income generated from the livestock loss reduction and mitigation trust fund must be deposited in the livestock loss reduction and mitigation state special revenue account provided for in 81-1-110. The interest and income may be appropriated by a majority vote of each house of the legislature and may be used only to fund the livestock loss reduction program and the livestock loss mitigation program as provided in 2-15-3111 and 2-15-3112.
(4) (a) Until the principal of the fund reaches $5 million, at the end of each biennium, any amount of interest and income from the trust fund that is not used for the livestock loss reduction program or the livestock loss mitigation program must be used to reimburse the state general fund up to $120,000. Any remaining interest and income must be deposited in the trust fund as principal.
(b) After the principal of the trust fund reaches $5 million, at the end of each biennium, any amount of interest and income that is not used for the livestock loss reduction program or the livestock loss mitigation program must be deposited in the general fund.
History: En. Sec. 6, Ch. 261, L. 2007.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 1. Department of Livestock › Part 1. General Provisions › 81-1-112. Livestock loss mitigation restricted account

81-1-112. (Temporary) Livestock loss mitigation restricted account.
(1) There is an account in the state special revenue fund established by 17-2-102 to be known as the livestock loss mitigation restricted special revenue account. The account is administered by the department.
(2) Each fiscal year, the amount provided in 15-1-122(3) is transferred to the account from the state general fund and is restricted to the purpose of making payments to livestock producers for confirmed and probable livestock losses pursuant to 2-15-3112(2). Money in the account may not be expended for administrative expenses.
(3) The livestock loss mitigation restricted special revenue account is statutorily appropriated, as provided in 17-7-502, to the department for the purpose of making payments to livestock producers as provided in subsection (2) of this section.
(4) On June 30 of each year, any unencumbered funds in the account in excess of $300,000 must be transferred to the livestock loss reduction restricted special revenue account established in 81-1-113. (Terminates June 30, 2029--secs. 1, 2, Ch. 20, L. 2023.)
81-1-112. (Effective July 1, 2029) Livestock loss mitigation restricted account.
(1) There is an account in the state special revenue fund established by 17-2-102 to be known as the livestock loss mitigation restricted special revenue account. The account is administered by the department.
(2) Each fiscal year, the amount provided in 15-1-122(3) is transferred to the account from the state general fund and is restricted to the purpose of making payments to livestock producers for confirmed and probable livestock losses pursuant to 2-15-3112(2). Money in the account may not be expended for administrative expenses.
(3) On June 30 of each year, any unencumbered funds in the account in excess of $300,000 must be transferred to the livestock loss reduction restricted special revenue account established in 81-1-113.
History: En. Sec. 1, Ch. 339, L. 2011; amd. Sec. 5, Ch. 349, L. 2015; amd. Sec. 8, Ch. 343, L. 2019.