8B8939158BA4F3DA872584B000581907 Hearing Summary

Yelana Love, Staff Attorney, Office of Legislative Legal Services, testified before the Committee. Ms. Love presented the Office's memorandum concerning the contested rule issue of the State Board of Stock Inspection Commissioners, Department of Agriculture, concerning the annual transportation permit for cattle.

Charles Kooyman, Senior Assistant Attorney General, and Chris Whitney, Brand Commissioner in the Department of Agriculture, testified before the Committee. Mr. Whitney explained that the general statute speaks to both bovine animals and alternative livestock and the rule only addresses the permitting of bovine animals because the intention of the rule is to address cattle only and that the Brand Board has the discretion in the future to promulgate a rule concerning permit fees for alternative livestock if necessary.

Senator Lee and Mr. Whitney discussed imposing fees on alternative livestock before adopting a rule dealing with their permitting and that there has never been an application for a transportation permit for alternative livestock.

Representative Weissman and Mr. Whitney discussed how the Board would react to an transportation permit application for alternative livestock and the federal and state regulations against alternative livestock moving freely.

Senator Gardner was present at 9:08 a.m.

Senator Lee and Mr. Whitney discussed that the rule only addresses one part of the statutory authority and maybe the statute predated the discovery of chronic wasting disease and the regulations against moving alternative livestock.

Senator Lee and Ms. Love discussed how the statue may need to be amended to deal with what is actually happening in practice because of the federal and state laws about the movement of alternative livestock, but that currently the statute does allow for the transportation of both bovine animals and alternative livestock and state agency rule making should not restrict what is allowed in statute.

Senator Lee and Mr. Whitney discussed Mr. Whitney's belief that the rule is not in violation of the statute.

Senator Lee and Mr. Kooyman discussed that any state law about the movement of alternative animals that is less restrictive than federal law is preempted under federal law.

Senator Gardner and Mr. Whitney discussed the Brand Board's position that the rule is not in conflict with statute just because it doesn't do one thing that is prohibited by federal law.

Representative Van Winkle was present at 9:17 a.m.

Representative Weissman discussed the similarity to a previous rule issue that came before the Committee and that, even though the Committee was in favor of the policy, there were issues between the statute and the rule that needed to be cleaned up by the legislature.

Senator Lee, Representative Herod, and Senator Gardner discussed the motion to not extended the rule and discussed possible legislation to fix the statute to work with current practice and federal law.