reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 81. Livestock › Chapter 23. Milk Price Control › Part 3. Regulation of Milk Prices › 81-23-301. Repealed

81-23-301. Repealed.
Sec. 7, Ch. 23, L. 1983.
History: En. Sec. 6, Ch. 204, L. 1939; amd. Sec. 4, Ch. 192, L. 1959; amd. Sec. 2, Ch. 107, L. 1971; amd. Sec. 91, Ch. 431, L. 1975; R.C.M. 1947, 27-406.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 23. Milk Price Control › Part 3. Regulation of Milk Prices › 81-23-303. Rules of fair trade practices

81-23-303. Rules of fair trade practices.
(1) The board may adopt reasonable rules governing fair trade practices as they pertain to the transaction of business among licensees under this chapter and among licensees and the general public. Except for provisions regarding the requirement for first call on Montana milk supplies, as provided in 81-23-302(10), rules adopted pursuant to 81-23-302(11), and as provided in subsection (2), fair trade practice rules must contain but are not limited to provisions prohibiting the following methods of doing business that are unfair, unlawful, and not in the public interest:
(a) the payment, allowance, or acceptance of secret rebates, secret refunds, or unearned discounts by a person, whether in the form of money or otherwise;
(b) the giving of milk, cream, dairy products, services, or articles of any kind, except to bona fide charities, for the purpose of securing or retaining the fluid milk or fluid cream business of a customer;
(c) the extension to certain customers of special prices or services not available to all customers who purchase milk of like quantity under like terms and conditions; and
(d) the payment of a price lower than the applicable producer price, established by the board, by a distributor to a producer for milk that is distributed to any person, including agencies of the federal, state, or local government.
(2) A payment subject to a milk price forward contract that is less than the minimum producer price is not a violation of this section.
History: En. Sec. 14, Ch. 204, L. 1939; amd. Sec. 8, Ch. 192, L. 1959; amd. Sec. 98, Ch. 431, L. 1975; R.C.M. 1947, 27-414; amd. Sec. 5, Ch. 23, L. 1983; amd. Sec. 5, Ch. 242, L. 1995; amd. Sec. 75, Ch. 7, L. 2001; amd. Sec. 10, Ch. 361, L. 2009; amd. Sec. 2, Ch. 189, L. 2021.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 23. Milk Price Control › Part 3. Regulation of Milk Prices › 81-23-304. Repealed

81-23-304. Repealed.
Sec. 17, Ch. 361, L. 2009.
History: En. Sec. 8, Ch. 107, L. 1971; amd. Sec. 99, Ch. 431, L. 1975; R.C.M. 1947, 27-414.1; amd. Sec. 6, Ch. 23, L. 1983.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 23. Milk Price Control › Part 3. Regulation of Milk Prices › 81-23-305. Repealed

81-23-305. Repealed.
Sec. 17, Ch. 361, L. 2009.
History: En. Sec. 9, Ch. 107, L. 1971; amd. Sec. 100, Ch. 431, L. 1975; R.C.M. 1947, 27-414.2.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 23. Milk Price Control › Part 4. Enforcement › 81-23-401. Entry, inspection, and investigation

81-23-401. Entry, inspection, and investigation.
Except for the premises of a small dairy as defined in 81-21-101, the department may enter, at all reasonable hours, all places where milk is produced, processed, bottled, handled, or stored or where the books, papers, records, or documents relative to those transactions are kept, and may inspect and copy them in any place in this state. The department may administer oaths and take testimony for the purpose of ascertaining facts which, in the judgment of the department, are necessary to administer this chapter.
History: En. Sec. 15, Ch. 204, L. 1939; amd. Sec. 6, Ch. 4, L. 1967; amd. Sec. 101, Ch. 431, L. 1975; R.C.M. 1947, 27-415; amd. Sec. 11, Ch. 361, L. 2009; amd. Sec. 31, Ch. 320, L. 2021.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 23. Milk Price Control › Part 4. Enforcement › 81-23-402. Reports of dealers -- accounting system -- records

81-23-402. Reports of dealers -- accounting system -- records.
(1) (a) The department may require licensees to file reports with it at reasonable or regular times that the board may require, showing the licensee's production, sale, or distribution of milk and any information considered necessary by the board that pertains to the production, sale, or distribution of milk, either under oath or otherwise, as the board may direct. Failure or refusal to file a report when directed to do so is grounds for the revocation of the license and is a violation for which the licensee may be fined as provided by this chapter, one or both, at the discretion of the board.
(b) The department and the board may request only the records necessary for establishing milk prices pursuant to this chapter. The department shall provide licensees with information concerning procedures a licensee may use to assert a claim of confidentiality with respect to constitutionally protected information that must be submitted to the department, such as trade secret or proprietary information.
(2) The board shall adopt a uniform system of accounting to be used by the distributor to account for the usage of all milk received by the distributor.
(3) A distributor and producer-distributor shall keep:
(a) a record of all milk, cream, or dairy products received, detailed as to location, names and addresses of suppliers, prices paid, deductions or charges made, and the use to which the milk or cream was put;
(b) a record of the quantity of each kind of milk or dairy product manufactured and the quantity and price of milk or dairy products sold;
(c) a complete record of all milk, cream, or dairy products sold, classified as to kind and grade, showing where sold, and the amount received in payment;
(d) a record of the wastage or loss of milk or dairy products;
(e) a record of the items of handling expense;
(f) a record of all refrigeration facilities sold for storage purposes to any person, showing types, sizes, and location of the facilities and the original or duplicate original of all agreements covering sales for them;
(g) other records that the board considers necessary for the proper enforcement of this chapter.
History: En. Sec. 16, Ch. 204, L. 1939; amd. Sec. 9, Ch. 192, L. 1959; amd. Sec. 102, Ch. 431, L. 1975; R.C.M. 1947, 27-416; amd. Sec. 12, Ch. 361, L. 2009.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 23. Milk Price Control › Part 4. Enforcement › 81-23-403. Disposition of fines

81-23-403. Disposition of fines.
(1) All fines assessed by a court, other than a justice's court, for violation of this chapter must be paid by the court to the department.
(2) All fines received by the department must be deposited with the state treasurer and must be placed by the treasurer in the state special revenue fund. Fines assessed for violations of this chapter are earmarked for the purposes of this chapter.
History: En. Sec. 17, Ch. 204, L. 1939; amd. Sec. 158, Ch. 147, L. 1963; amd. Sec. 103, Ch. 431, L. 1975; R.C.M. 1947, 27-417; amd. Sec. 1, Ch. 277, L. 1983; amd. Sec. 58, Ch. 557, L. 1987; amd. Sec. 2710, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 23. Milk Price Control › Part 4. Enforcement › 81-23-404. Cooperation with other governmental agencies

81-23-404. Cooperation with other governmental agencies.
In order to secure a uniform system of milk control, the board shall confer and cooperate with the proper authorities of other states and of the United States, including the secretary of agriculture of the United States, and for those purposes, the board may conduct joint hearings, issue joint or concurrent orders, and exercise all its powers under this chapter.
History: En. Sec. 21, Ch. 204, L. 1939; amd. Sec. 104, Ch. 431, L. 1975; R.C.M. 1947, 27-421; amd. Sec. 13, Ch. 361, L. 2009.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 23. Milk Price Control › Part 4. Enforcement › 81-23-405. Violations made misdemeanors -- penalties

81-23-405. Violations made misdemeanors -- penalties.
(1) Except for a person operating a small dairy as defined in 81-21-101, a person who produces, sells, distributes, or handles milk in any way, except as a consumer, without a license from the board as required by this chapter or who violates a lawful rule of the department or board is guilty of a misdemeanor punishable by a fine not exceeding $600. Each day's violation is a separate offense.
(2) The district courts have original jurisdiction in all criminal actions for violations of this chapter and in all civil actions for the recovery or enforcement of penalties provided for in this chapter. All of those actions, both criminal and civil, must be tried in the district court.
(3) The county attorneys, in their respective counties, shall diligently prosecute all violations of this chapter.
History: En. Sec. 22, Ch. 204, L. 1939; amd. Sec. 105, Ch. 431, L. 1975; R.C.M. 1947, 27-422; amd. Sec. 14, Ch. 361, L. 2009; amd. Sec. 32, Ch. 320, L. 2021.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 23. Milk Price Control › Part 4. Enforcement › 81-23-406. Additional remedies

81-23-406. Additional remedies.
The board may begin any proceeding at law or in equity as may appear necessary to enforce compliance with this chapter or to enforce compliance with an order or rule of the board or department adopted under this chapter or to obtain a judicial interpretation of any of them. In addition to any other remedy, the board may apply to the district court of the district where the action arises for relief by injunction, mandamus, or any other appropriate remedy in equity without being compelled to allege or prove that an adequate remedy at law does not otherwise exist. The board may not be required to post bond in an action to which it is a party whether upon appeal or otherwise. All legal actions may be brought by or against the board or department in the name of the department, and it is not necessary in an action to which the department is a party that the action be brought by or against this state on relation of the department. The board may sue by its own attorney, and it may also call upon a county attorney to represent it in the district court of the county attorney's county or the attorney general to represent it on appeal to the supreme court, or it may associate its own attorney with either in court.
History: En. Sec. 24, Ch. 204, L. 1939; amd. Sec. 107, Ch. 431, L. 1975; R.C.M. 1947, 27-424; amd. Sec. 2, Ch. 274, L. 1981; amd. Sec. 8, Ch. 333, L. 1995; amd. Sec. 15, Ch. 361, L. 2009.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 23. Milk Price Control › Part 4. Enforcement › 81-23-407. Appeal of action or decision

81-23-407. Appeal of action or decision.
An entity receiving notice of a violation of a provision of this chapter may within 60 days of receiving the notice from the department or board submit a request to the board for a contested case proceeding pursuant to Title 2, chapter 4, part 6. Upon receiving a request, the board shall appoint a hearings examiner to conduct the hearing and issue a proposal for decision. The board shall issue a final decision within 90 days of receiving the proposal for decision.
History: En. Sec. 16, Ch. 361, L. 2009.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 29. Resource and Property Protection › Part 1. Feral Swine › 81-29-101. Definitions

81-29-101. Definitions.
As used in this part, unless the context indicates otherwise, the following definitions apply:
(1) "Board" means the board of livestock provided for in 2-15-3102.
(2) "Feral swine" means a hog, boar, or pig that appears to be untamed, undomesticated, or in a wild state or appears to be contained for commercial hunting or trapping.
History: En. Sec. 1, Ch. 429, L. 2015.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 29. Resource and Property Protection › Part 1. Feral Swine › 81-29-102. Control of feral swine

81-29-102. Control of feral swine.
A person, a state agency, or a federal agency authorized by the state or the federal government is allowed to control or eradicate feral swine.
History: En. Sec. 2, Ch. 429, L. 2015.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 29. Resource and Property Protection › Part 1. Feral Swine › 81-29-103. Presence of feral swine -- notification -- immediate threat

81-29-103. Presence of feral swine -- notification -- immediate threat.
(1) Except as provided in subsection (2), a person who believes feral swine are present on private or public property shall notify the board and, if authorized, assist in the control or eradication of the feral swine.
(2) A person or the person's agent who encounters feral swine on property owned or leased by that person may immediately eradicate the feral swine if the feral swine:
(a) poses an immediate threat of harm to a person or property; or
(b) will expand its range without immediate eradication.
(3) A person who eradicates a feral swine pursuant to subsection (2) shall notify the board as soon as practicable, but no later than the limit established by board rule. The person shall follow instructions provided by the board, including but not limited to the handling, preservation for testing, or disposal of the carcass.
History: En. Sec. 5, Ch. 429, L. 2015.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 29. Resource and Property Protection › Part 1. Feral Swine › 81-29-104. Prohibitions

81-29-104. Prohibitions.
The following actions are prohibited:
(1) importing, transporting, or possessing live feral swine;
(2) intentionally, knowingly, or negligently allowing swine to live in a feral state;
(3) except as provided in 81-29-102 and 81-29-103, hunting, trapping, or killing a feral swine or assisting in hunting, trapping, or killing a feral swine;
(4) intentionally feeding a feral swine;
(5) expanding the range of a feral swine; and
(6) profiting from the release, hunting, trapping, or killing of a feral swine.
History: En. Sec. 4, Ch. 429, L. 2015.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 29. Resource and Property Protection › Part 1. Feral Swine › 81-29-105. Penalties for violations

81-29-105. Penalties for violations.
A person violating the provisions of 81-29-104 is subject to:
(1) a fine of at least $2,000 but not more than $10,000 for each violation; and
(2) repayment of costs incurred by a state or federal agency for the control or eradication of a feral swine as a result of the person's violation.
History: En. Sec. 6, Ch. 429, L. 2015.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 29. Resource and Property Protection › Part 1. Feral Swine › 81-29-106. Authority -- costs -- rulemaking

81-29-106. Authority -- costs -- rulemaking.
(1) The board is authorized to control and eradicate feral swine and may establish rules to implement the reporting requirements of 81-29-103.
(2) The cost of enforcement actions under this part must be paid from the general fund if the cost to the department exceeds $1,000 and federal funds are not available to pay the excess costs.
History: En. Sec. 3, Ch. 429, L. 2015.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 30. Protection of Farm Animals and Research Facilities › Part 1. Farm Animal and Research Facility Protection Act › 81-30-101. Short title

81-30-101. Short title.
This chapter may be cited as the "Farm Animal and Research Facilities Protection Act".
History: En. Sec. 1, Ch. 205, L. 1991.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 30. Protection of Farm Animals and Research Facilities › Part 1. Farm Animal and Research Facility Protection Act › 81-30-102. Definitions

81-30-102. Definitions.
As used in this chapter, the following definitions apply:
(1) "Animal" means any warmblooded or coldblooded animal lawfully confined for food, fur, or fiber production, agriculture and its related activities, research, testing, or education. The term includes but is not limited to dogs, cats, poultry, fish, and invertebrates.
(2) "Animal facility" includes a vehicle, building, structure, research facility, or premises where an animal is lawfully kept, handled, housed, exhibited, bred, or offered for sale.
(3) "Consent" means agreement in fact, whether express or apparent.
(4) "Deprive" means to:
(a) withhold an animal 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 animal or property is lost to the owner;
(b) restore the animal or other property only upon payment of reward or other compensation; or
(c) dispose of an animal or other property in a manner that makes recovery of the animal or property by the owner unlikely.
(5) "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 that the offender 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 offender to be unable to make reasonable decisions.
(6) "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 animals; 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.
(7) "Owner" means a person who has:
(a) title to the property; or
(b) lawful possession of the property.
(8) "Person" means an individual, state agency, corporation, association, nonprofit corporation, joint-stock company, firm, trust, partnership; two or more persons having a joint or common interest; or some other legal entity.
(9) "Possession" means actual care, custody, control, or management.
(10) "Research facility" means a 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 living animal is lawfully carried out, conducted, or attempted.
History: En. Sec. 2, Ch. 205, L. 1991; amd. Sec. 26, Ch. 161, L. 2015.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 30. Protection of Farm Animals and Research Facilities › Part 1. Farm Animal and Research Facility Protection Act › 81-30-103. Unlawful acts

81-30-103. Unlawful acts.
(1) A person who does not have the effective consent of the owner may not acquire or otherwise exercise control over an animal facility, an animal from an animal facility, or other property from an animal facility with the intent to deprive the owner of the facility, animal, or property or to damage the enterprise conducted at the animal facility.
(2) A person who does not have the effective consent of the owner and who intends to damage the enterprise conducted at an animal facility may not:
(a) damage or destroy an animal facility or an animal or property in or on the premises of an animal facility;
(b) enter an animal facility that is at the time closed to the public with the intent to commit an act prohibited by this chapter;
(c) remain concealed in an animal facility with the intent to commit an act prohibited by this chapter;
(d) enter an animal facility and commit or attempt to commit an act prohibited by this chapter;
(e) enter an animal facility to take pictures by photograph, video camera, or other means with the intent to commit criminal defamation; or
(f) enter or remain on the premises of an animal 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 chapter do not apply to lawful activities of a:
(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; and
(b) humane animal treatment shelter or its employees whose primary purpose is the bona fide control or humane care of animals or the enforcement of 45-8-211.
History: En. Sec. 3, Ch. 205, L. 1991.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 30. Protection of Farm Animals and Research Facilities › Part 1. Farm Animal and Research Facility Protection Act › 81-30-104. Action for damage

81-30-104. Action for damage.
(1) A person who has been damaged by reason of a violation of 81-30-103 may bring against the person who caused the damage an action in the district court to recover:
(a) an amount equal to three times all actual and consequential damages; and
(b) court costs and reasonable attorney fees.
(2) This chapter may not be construed to affect any other rights of a person who has been damaged by reason of a violation of this chapter. 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 81-30-103.
History: En. Sec. 4, Ch. 205, L. 1991.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 30. Protection of Farm Animals and Research Facilities › Part 1. Farm Animal and Research Facility Protection Act › 81-30-105. Penalty

81-30-105. Penalty.
(1) A person convicted of violating 81-30-103(2)(f) shall be fined not less than $50 or more than $500 or be imprisoned in the county jail for a term not to exceed 3 months, or both.
(2) A person convicted of an act that violates 81-30-103(1) and (2)(a) through (2)(e) and that results in $500 or less in damage or destruction shall be fined not more than $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both.
(3) A person convicted of an act that violates 81-30-103(1) and (2)(a) through (2)(e) and that results in more than $500 in damage or destruction shall be fined not more than $50,000 or be imprisoned in the state prison for a term not to exceed 10 years, or both.
History: En. Sec. 5, Ch. 205, L. 1991.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 1. General Provisions › Part 1. Geophysical Exploration › 82-1-101. Persons required to comply

82-1-101. Persons required to comply.
(1) A person, firm, or corporation operating individually or through agents within the state of Montana for the purpose of seismic exploration in which exploration entry is made upon the surface estate for the acquisition of geophysical data for any purpose whatsoever, and which person, firm, or corporation either through its own employees or by hiring the services of others operates seismograph crews, as the term is generally known, shall comply with the following provisions of this part; provided, however, that compliance with the provisions of this part by a seismograph crew or its employer shall constitute compliance herewith by that person, firm, or corporation who has engaged the services of such crew or its employer as an independent contractor insofar as the geophysical operations of such crew are concerned.
(2) The board of oil and gas conservation shall adopt rules:
(a) requiring adequate identification of seismic exploration crews operating in this state;
(b) designating areas where seismic exploration and activities may not be allowed; and
(c) regulating the plugging and abandonment of seismic shot holes.
History: En. Sec. 1, Ch. 235, L. 1955; R.C.M. 1947, 69-3301; amd. Sec. 1, Ch. 116, L. 1983; amd. Sec. 1, Ch. 339, L. 1985; amd. Sec. 1, Ch. 190, L. 1989.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 1. General Provisions › Part 1. Geophysical Exploration › 82-1-102. Doing business within state -- resident agent

82-1-102. Doing business within state -- resident agent.
A person, firm, or corporation shall be deemed to be doing business within the state of Montana when engaged in such geophysical exploration within the boundaries of this state and shall, if not already qualified to do business within this state with a designation of an agent within the state for service of process prior to such time, file with the secretary of state of the state of Montana an authorization, which authorization shall designate a resident agent for the service of process in any action which may be pending in a court in this state, which cause of action may have arisen out of such geophysical exploration.
History: En. Sec. 2, Ch. 235, L. 1955; R.C.M. 1947, 69-3302.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 1. General Provisions › Part 1. Geophysical Exploration › 82-1-103. Notice of intention to explore

82-1-103. Notice of intention to explore.
A person, firm, or corporation desiring to engage in geophysical exploration within the state of Montana shall file a notice of intention to engage in the exploration with the county clerk and recorder in each county in which exploration is to be carried on or engaged in. The notice shall be filed prior to the actual commencement of the exploration.
History: En. Sec. 3, Ch. 235, L. 1955; amd. Sec. 34, Ch. 39, L. 1977; R.C.M. 1947, 69-3303.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 1. General Provisions › Part 1. Geophysical Exploration › 82-1-105. Exploration permit

82-1-105. Exploration permit.
(1) Upon compliance with the provisions of this section, namely the filing of a notice of intention to engage in the exploration and a certificate or a copy of the certificate from the secretary of state certifying the name and address of the resident agent for service of process for the person, firm, or corporation desiring to engage in the exploration and certifying that the required surety bond has been filed with the secretary of state, the county clerk and recorder shall issue to the person, firm, or corporation a geophysical exploration permit.
(2) The permit must show:
(a) the name of the person, firm, or corporation and the principal place of business;
(b) if a firm or corporation, the names and addresses of its officers;
(c) the name and address of the resident agent for service of process for the person, firm, or corporation;
(d) that a notice of intention to engage in geophysical exploration has been filed; and
(e) that a good and sufficient surety bond has been filed by the person, firm, or corporation, naming the surety company and giving its address.
(3) The permit must be signed by the county clerk and recorder or the clerk and recorder's deputy and bear the official county seal. The permit is valid and effective for all geophysical crews of the permittee during the calendar year in which it is issued.
(4) The cost of the permit is $5 per calendar year or any portion of the calendar year for which issued, and the revenue realized from the permit must go to the county issuing the permit. The funds must be applied toward payment of the cost of printing the permits, which must be printed at the county seat, and excesses must be deposited in the county's general fund.
(5) If printed forms are not available at the time any person, firm, or corporation desires the permit and qualifies for its issuance, a typewritten or other form of reproduction of the permit may be used, the fee of $5 must still be paid for its issuance, and this fee must be disposed of in the same manner.
(6) The permit or a copy of the permit must be carried by the person or by the agent of the firm or corporation at all times during the period of the geophysical exploration and must be exhibited upon demand of any county or state official.
History: En. Sec. 5, Ch. 235, L. 1955; amd. Sec. 35, Ch. 39, L. 1977; R.C.M. 1947, 69-3305; amd. Sec. 2711, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 1. General Provisions › Part 1. Geophysical Exploration › 82-1-106. County clerk to notify board of issuance of permit -- compliance

82-1-106. County clerk to notify board of issuance of permit -- compliance.
(1) The county clerk and recorder of the county in which a permit for geophysical activity is issued will immediately forward notice of the issuance of such permit to the board of oil and gas conservation.
(2) The board shall notify the county clerk and recorder of the county if the person, firm, or corporation which has obtained a permit is not in compliance with any applicable requirement for engaging in geophysical activity within the state.
(3) If the board of oil and gas conservation determines that a person, firm, or corporation has violated any provisions of this part, the board shall take necessary action to assure compliance.
History: En. 69-3305.1 by Sec. 2, Ch. 272, L. 1977; R.C.M. 1947, 69-3305.1(1) thru (3).
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 1. General Provisions › Part 1. Geophysical Exploration › 82-1-107. Permitholder to furnish information to surface owner

82-1-107. Permitholder to furnish information to surface owner.
(1) Before commencing seismic activity, the person, firm, or corporation conducting the seismic activity shall notify the surface owner, as defined in 82-10-502, as to the approximate time schedule of the planned activity and shall provide copies of Title 82, chapter 10, part 5, this part, and, if available, a current publication produced by the environmental quality council entitled "A Guide to Split Estates in Oil and Gas Development". Upon request, the following information must also be furnished:
(a) the name and permanent address of the seismic exploration firm, along with the name and address of the firm's designated agent for the state if different from that of the firm;
(b) evidence of a valid permit to engage in seismic exploration;
(c) the name and address of the company insuring the seismic firm or, if self-insured, evidence of the self-insurance;
(d) the number or other identifying information for the surety bond, cash, certificate of deposit, or other instrument acceptable to the secretary of state and required in 82-1-104;
(e) a description of the planned seismic activity and where it will take place; and
(f) the anticipated need, if any, to obtain water from the surface owner during planned seismic activity.
(2) The surface owner is responsible for providing the permitholder with the name and permanent address of a responsible person with whom communication may be maintained.
(3) The surface owner is responsible for providing the name and address of the permitholder to any lessees, tenants, or other parties responsible for surface operations on the property.
History: En. 69-3305.1 by Sec. 2, Ch. 272, L. 1977; R.C.M. 1947, 69-3305.1(4); amd. Sec. 3, Ch. 339, L. 1985; amd. Sec. 11, Ch. 33, L. 2007; amd. Sec. 1, Ch. 57, L. 2007.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 1. General Provisions › Part 1. Geophysical Exploration › 82-1-108. Filing record of work performed

82-1-108. Filing record of work performed.
(1) Within 3 months from the day that any firing of shotpoints in seismic exploration is done by a person, firm, or corporation within this state, the person, firm, or corporation shall file with the county clerk and recorder of the county in which the work was done a record showing each township and range within the county in which the work was performed and the approximate date on which the work was performed.
(2) The person, firm, or corporation shall file with the county clerk and recorder a record showing the location of each shotpoint and date fired within a maximum area of any square, 4-section area of land, upon written request of the county clerk and recorder. The request must be based upon the complaint of a property owner that physical damage to the owner's property has resulted from the use of the seismograph and explosives in seismic operations at some location within the maximum 4-square mile area, and the request must designate the name and address of the complaining person and the approximate date and nature of the alleged damages. The required record of operations in response to the request of the county clerk and recorder must be supplied within 30 days from the date on which the request is received.
History: En. Sec. 6, Ch. 235, L. 1955; R.C.M. 1947, 69-3306; amd. Sec. 1, Ch. 201, L. 1979; amd. Sec. 4, Ch. 339, L. 1985; amd. Sec. 2712, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 1. General Provisions › Part 1. Geophysical Exploration › 82-1-109. Enforcement by county attorneys

82-1-109. Enforcement by county attorneys.
It shall be the duty of the several county attorneys to see that the provisions herein contained are complied with and that this law is enforced.
History: En. Sec. 7, Ch. 235, L. 1955; R.C.M. 1947, 69-3307.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 1. General Provisions › Part 1. Geophysical Exploration › 82-1-110. Penalty

82-1-110. Penalty.
A failure to comply with the terms of this part shall be deemed a misdemeanor and shall be punishable as is elsewhere provided in this code, either by fine or imprisonment, or both. The geophysical permit of any person, firm, or corporation convicted of a violation of the plugging requirements of this part shall be revoked and may not be renewed for a period of 2 years after conviction.
History: En. Sec. 8, Ch. 235, L. 1955; amd. Sec. 3, Ch. 272, L. 1977; R.C.M. 1947, 69-3308.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 1. General Provisions › Part 1. Geophysical Exploration › 82-1-111. Definitions

82-1-111. Definitions.
As used in this title, unless the context requires otherwise, the following definitions apply:
(1) "Coal" means a combustible carbonaceous rock formed from the compaction and induration of variously altered plant remains. Coal does not include:
(a) methane gas or any other natural gas that may be found in any coal formation;
(b) oil shale; or
(c) gilsonite.
(2) "Gas" means all natural gases and all other fluid hydrocarbons, including methane gas or any other natural gas found in any coal formation, as produced at the wellhead and not defined as oil in subsection (3).
(3) "Oil" means crude petroleum oil and other hydrocarbons, regardless of gravity, that are produced at the wellhead in liquid form by ordinary production methods and that are not the result of condensation of gas before or after it leaves the reservoir.
History: En. Sec. 1, Ch. 379, L. 1993.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 1. General Provisions › Part 2. Cancellation and Forfeiture of Oil, Gas, or Mineral Leases › 82-1-201. Release of record upon forfeiture, cancellation, or expiration of lease -- penalty

82-1-201. Release of record upon forfeiture, cancellation, or expiration of lease -- penalty.
(1) When an executed and recorded oil, gas, or other mineral lease is forfeited, canceled, or expires, it is the duty of the lessee, the lessee's successor, or assigns, within 60 days from the date of the forfeiture, cancellation, or expiration of the lease, to have the lease or abstract of the lease released from record in the county where the leased land is situated without cost to the lessor.
(2) A lessee may request the recordation of an assignment or release of more than one lease in a single instrument, and an instrument involving more than one lease made under this subsection must be treated for public recording purposes as a single request from the lessee.
(3) A lessee who fails to comply with subsection (1) within 30 days of written notice from the lessor is guilty of a misdemeanor punishable by a fine of up to $250.
History: En. Sec. 1, Ch. 22, L. 1917; re-en. Sec. 6902, R.C.M. 1921; re-en. Sec. 6902, R.C.M. 1935; amd. Sec. 5, Ch. 218, L. 1971; R.C.M. 1947, 73-114; amd. Sec. 1, Ch. 365, L. 1985; amd. Sec. 1, Ch. 228, L. 1997.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 1. General Provisions › Part 2. Cancellation and Forfeiture of Oil, Gas, or Mineral Leases › 82-1-203. Demand for release prior to action

82-1-203. Demand for release prior to action.
At least 20 days before bringing the action provided for in this part, the owner of the leased land, either personally or by the owner's agent or attorney, shall demand of the holder of the lease, if the demand by ordinary diligence can be made in this state, that the lease or abstract of the lease be released of record. The demand must be written. When written, a copy, when shown to be a copy, may be used as evidence in any court with the same force and effect as the original.
History: En. Sec. 3, Ch. 22, L. 1917; re-en. Sec. 6904, R.C.M. 1921; re-en. Sec. 6904, R.C.M. 1935; amd. Sec. 7, Ch. 218, L. 1971; R.C.M. 1947, 73-116; amd. Sec. 189, Ch. 575, L. 1981; amd. Sec. 2714, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 1. General Provisions › Part 2. Cancellation and Forfeiture of Oil, Gas, or Mineral Leases › 82-1-204. Joinder of plaintiffs in actions concerning oil and gas leases

82-1-204. Joinder of plaintiffs in actions concerning oil and gas leases.
(1) In an action for the cancellation of an oil and/or gas lease or leases or quieting title against the claims thereunder, two or more plaintiffs may join in a single action against a common lessee and any one claiming by, through, or under such lessee as an assignee or otherwise. In the complaint in such action the cause or causes of action of each plaintiff shall be set forth separately and there shall be designated the lease or leases or claims or interests sought to be canceled or quieted. It shall be no defense to such an action that the lands of the plaintiffs are noncontiguous or that there is a lack of mutuality of interest between the plaintiffs in the subject of the action or in the relief sought, and the decree in such action shall specify the lease, leases, claims, or interests canceled or quieted.
(2) This procedure shall be in addition to and not in substitution of any existing remedies now allowed by law.
History: En. Secs. 1, 2, Ch. 135, L. 1939; R.C.M. 1947, 93-2813, 93-2814.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 1. General Provisions › Part 3. Trusts for Unlocatable Mineral Owners › 82-1-301. Definition

82-1-301. Definition.
The word "person", as used in this part, shall mean any individual, corporation, partnership, joint venture, trust or other entity capable of owning real property in Montana.
History: En. Sec. 6, Ch. 513, L. 1979.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 1. General Provisions › Part 3. Trusts for Unlocatable Mineral Owners › 82-1-302. Creation of trust for unlocatable mineral, leasehold, or royalty interest owners

82-1-302. Creation of trust for unlocatable mineral, leasehold, or royalty interest owners.
(1) Any person who owns an interest in minerals underlying a tract of land may petition the district court of the county in which the tract or a portion of the tract is located to declare a trust in favor of other persons also owning or claiming an interest in the minerals underlying the tract if their place of residence and present whereabouts is unknown and cannot reasonably be ascertained.
(2) In requesting the appointment of a trustee, the petitioner shall show that:
(a) a diligent but unsuccessful effort to locate the absent owner or claimant has been made; and
(b) appointment of a trustee will be in the best interest of all owners of an interest in the minerals.
(3) After determining that the conditions of subsection (2) have been met, the court shall appoint the clerk of court or, if the clerk of court declines to act as trustee, the department of revenue as trustee and shall authorize the clerk of court or the department to execute and deliver an oil, gas, or other mineral lease, a ratification, a division order, or any other related document or instrument on the terms and conditions as the court may approve.
(4) If at any time a clerk of court decides to not continue as trustee for a trust for unlocatable mineral, leasehold, or royalty interest owners, the district court shall appoint the department of revenue to act as trustee. Upon the department of revenue's appointment as trustee, the clerk of court shall remit all funds and interest held in the trust to the department of revenue.
History: En. Sec. 1, Ch. 513, L. 1979; amd. Sec. 1, Ch. 126, L. 1997.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 1. General Provisions › Part 3. Trusts for Unlocatable Mineral Owners › 82-1-303. No further liability for petitioner

82-1-303. No further liability for petitioner.
If a trust in favor of unlocatable owners or claimants of an interest in minerals has been created and all bonuses, rental payments, royalties, and other income due to the unlocatable owners are being or have been paid to the trustee, the person petitioning for creation of the trust is not liable for further claims by unlocatable owners for bonuses, rental payments, royalties, and other income produced after the creation of the trust.
History: En. Sec. 2, Ch. 513, L. 1979; amd. Sec. 190, Ch. 575, L. 1981.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 1. General Provisions › Part 3. Trusts for Unlocatable Mineral Owners › 82-1-304. Administration of trust

82-1-304. Administration of trust.
(1) The administration of the trust must comply with the appropriate provisions regulating trusts contained in Title 72.
(2) Trustee or attorney fees may not be paid from the trust proceeds.
(3) All bonuses, rental payments, royalties, and other income must be paid to the trustee until the trust is terminated and notice of its termination given to all interested parties. The trustee shall distribute all money held in the trust to the person or persons entitled to the money upon the order of the district court.
(4) A trust in favor of unlocatable owners must be kept in force until the unlocatable owners of the mineral interest in question have successfully claimed their share of the funds held in trust and have filed the notice, as provided in 82-1-306.
(5) The trustee shall invest funds in a prudent manner, as provided in 72-38-902. Fifty percent of the interest earned on each trust must be credited to the department of revenue or, if the clerk of the court is the trustee, to the general fund of the county in which the mineral interest is located to defray the costs of administration.
(6) Funds held in the trusts are subject to the provisions governing abandoned property contained in Title 70, chapter 9.
History: En. Sec. 3, Ch. 513, L. 1979; amd. Sec. 219, Ch. 685, L. 1989; amd. Sec. 2, Ch. 126, L. 1997; amd. Sec. 159, Ch. 264, L. 2013.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 1. General Provisions › Part 3. Trusts for Unlocatable Mineral Owners › 82-1-305. Trust for unlocatable mineral, leasehold, and royalty interest owners -- penalty

82-1-305. Trust for unlocatable mineral, leasehold, and royalty interest owners -- penalty.
(1) A person may not personally hold for longer than 6 months any bonuses, rental payments, royalties, or other income for unlocatable owners or claimants of an interest in minerals underlying a tract of land. Within the 6-month period, the person shall petition the district court for creation of a trust, as provided in 82-1-302.
(2) A person failing to comply with subsection (1) is liable for all attorney fees and court costs and interest on funds subject to subsection (1) at twice the current average passbook account rate paid by financial institutions in any district in which the property or part of the property is located.
History: En. Sec. 4, Ch. 513, L. 1979; amd. Sec. 3, Ch. 126, L. 1997.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 1. General Provisions › Part 3. Trusts for Unlocatable Mineral Owners › 82-1-306. Filing of addresses

82-1-306. Filing of addresses.
(1) Upon the payment of a $5 fee, a person claiming an interest in minerals underlying a tract of land that is the subject of a trust proceeding under 82-1-302 may file with the clerk and recorder of each county in which the land is located a notice containing the person's address and a description of the person's interest in the minerals. Filing the notice creates a rebuttable presumption that the person owns the interest claimed.
(2) The clerk and recorder shall forward a copy of the notice to the trustee of the trust.
History: En. Sec. 5, Ch. 513, L. 1979; amd. Sec. 4, Ch. 126, L. 1997.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 1. General Provisions › Part 4. Constitutional Challenges › 82-1-401. Determination of constitutionality

82-1-401. Determination of constitutionality.
In any action filed in district court invoking the court's original jurisdiction to challenge the constitutionality of a licensing or permitting decision made pursuant to Title 75 or Title 82 or activities taken pursuant to a license or permit issued under Title 75 or Title 82, the plaintiff shall first establish the unconstitutionality of the underlying statute.
History: En. Sec. 2, Ch. 361, L. 2003.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 1. General Provisions › Part 5. Exemption of Fossils › 82-1-501. Fossils exempted

82-1-501. Fossils exempted.
Fossils, as defined in 1-4-112, are not minerals and are exempt from the provisions of this title.
History: En. Sec. 3, Ch. 136, L. 2019.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 1. General Provisions › Part 6. Critical Infrastructure Facility -- Trespass › 82-1-602. Criminal penalties

82-1-602. Criminal penalties.
(1) Except as provided in 82-1-604, a person who willfully and knowingly trespasses on property containing a critical infrastructure facility:
(a) that is completely enclosed by a fence or other physical barrier that is obviously designed to exclude intruders with intent to willfully damage, destroy, vandalize, deface, tamper with equipment, or materially impede or inhibit operations of the facility shall, on conviction, be guilty of a felony punishable by a fine of not more than $4,500 or by imprisonment for not more than 18 months or both; and
(b) that is clearly marked with a sign or signs that are posted on the property that indicate that entry is forbidden without site authorization with intent to willfully damage, destroy, vandalize, deface, tamper with equipment, or materially impede or inhibit operations of the facility shall, on conviction, be guilty of a felony punishable by a fine of not more than $4,500 or by imprisonment for not more than 18 months or both.
(2) A person who willfully damages, destroys, vandalizes, defaces, or tampers with equipment in a critical infrastructure facility:
(a) causing less than $1,500 in damages shall, on conviction, be guilty of a misdemeanor and may be incarcerated for any term not to exceed 6 months or be fined an amount not to exceed $500, or both, and must be ordered to make restitution in an amount and manner to be set by the court; and
(b) causing damages greater than $1,500 shall, on conviction, be guilty of a felony punishable by a fine of not more than $150,000 or by imprisonment for not more than 30 years, or both.
(3) An organization found to be in a conspiracy, as the term is used in 45-4-102, with persons who are found to have committed any of the crimes provided in subsection (1) or (2) may be punished by a fine up to 10 times the amount of the fine provided for the appropriate crime.
History: En. Sec. 2, Ch. 522, L. 2021.
2023 Montana Code Annotated › Title 82. Minerals, Oil, and Gas › Chapter 1. General Provisions › Part 6. Critical Infrastructure Facility -- Trespass › 82-1-603. Civil penalties

82-1-603. Civil penalties.
(1) A person who trespasses in a critical infrastructure facility that is completely enclosed by a fence or other physical barrier that is obviously designed to exclude intruders, or that is clearly marked with a sign or signs that are posted on the property that indicate that entry is forbidden without authorization, and enters with intent to willfully damage, destroy, vandalize, deface, tamper with equipment, or impede or inhibit operations of the facility may be held liable for damages to personal or real property while trespassing, including damages and expenses from network performance or outage issues proximately caused by the trespass.
(2) A person or entity that directs a person to trespass as described in subsection (1), compensates, provides consideration to, or remunerates a person for trespassing as described in subsection (1) may also be held vicariously liable for damages to personal or real property committed by the person compensated or remunerated for trespassing.
History: En. Sec. 3, Ch. 522, L. 2021.