P - Present
E - Excused
A - Absent
Roll Call
P Bartling
P Cammack
P Craig
P Feickert
P Kopp
P May
P Olson (Betty)
P Otten (Herman)
P Qualm
P Schoenfish
P Schrempp
P Schaefer, Vice-Chair
P Hoffman, Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Representative Hoffman.
MOTION: TO APPROVE THE MINUTES OF THURSDAY, FEBRUARY 7TH, 2013
Moved by: Schrempp
Second by: Qualm
Action: Prevailed by voice vote.
HB 1246: authorize certain aerial pesticide applicators to apply pesticide on their own
property.
Presented by: Representative Brock Greenfield
Proponents: Perry Hofer, Self, Doland
Kathleen Zander, SD Agri-Business Association
Courtney De La Rosa, Department of Agriculture
40-18-2. At least three of the five members of the board shall be persons who derive the major
portion of their income from the livestock business and who are owners of brands duly recorded with
the board. At least three of the five members of the board shall reside in the livestock ownership
inspection areas. No appointed member may act as a member of the board while holding an elective
or appointive state or federal office. No more than three of the members shall be of any one political
party.
Section 2. That § 40-18-15 be amended to read as follows:
Section 3. That § 40-18-16 be amended to read as follows:
40-18-16. The board may promulgate rules pursuant to chapter 1-26 to:
40-18-17. The Brand Board shall provide for the registration of livestock brands, for the
inspection of livestock for ownership identification purposes, and for the enforcement of laws
pertaining to the inspection, sale, branding, ownership, transportation, and theft of livestock within
the ownership inspection area and the state.
Section 5. That § 40-19-10.1 be amended to read as follows:
40-19-10.1. No person may bring cattle branded with a brand registered in another state into the
ownership inspection area state for grazing or feeding purposes without a permit authorized by the
board. If the brand is a duplicate of or conflicts with a brand issued pursuant to this chapter, a permit
may only be issued at the discretion of the board. No permit is required if the cattle are rebranded
with a brand registered pursuant to this chapter. The application for a permit shall be on a form
approved by the board and shall be signed by the owner of the cattle. Any calves born to cattle which
are subject to the permit may be branded with the out-of-state brand upon prior written notice to the
board. The calves shall be added to the permit. No cattle or calves subject to the permit may be
removed from the ownership inspection area state, sold, or slaughtered without an ownership
inspection.
Section 6. That § 40-20-1 be amended to read as follows:
40-20-1. The South Dakota livestock ownership inspection area consists of all of that part of the
entire State of South Dakota lying within the following counties: Harding, Butte, Lawrence,
Pennington, Custer, Fall River, Perkins, Meade, Shannon, Corson, Dewey, Ziebach, Haakon, Stanley,
Jackson, Jones, Mellette, Bennett, Todd, Lyman, Tripp, and Gregory.
Section 7. That § 40-20-2 be repealed.
40-20-2. Any county contiguous to the livestock ownership inspection area may become a part
of such area upon a petition signed by a majority of the owners of livestock residing within such
county to be attached, which shall be presented to the board. The board shall, in its discretion, either
reject or approve such petition at its next regular or special meeting. No area in the brand inspection
area may be smaller than a county.
Section 8. That § 40-20-3 be repealed.
40-20-3. Any county which has become a part of the livestock inspection area by petition and
which adjoins a noninspection area may withdraw from the inspection area by a petition requesting
withdrawal. The petition shall be signed by a majority of the owners of livestock in the county
seeking withdrawal. The petition shall be filed with the board. The board shall at its next regular or
special meeting enter a resolution approving the withdrawal, which action removes the county
described in the petition from the ownership inspection area. No area seeking withdrawal may be
smaller than a county.
Section 9. That § 40-20-4 be amended to read as follows:
40-20-4. Except as provided in this chapter, it is a Class 1 misdemeanor for any person to remove
or authorize the removal of any livestock from any point within the livestock ownership inspection
area state to any point within one mile of the border with a destination outside the ownership
inspection area state unless the livestock have first been inspected for ownership and unless the
shipper possesses the local inspection certificate, market clearance, shippers permit, or such other
form of authorization as may be required by the board. Except as provided in § 40-20-29, a local
inspection certificate is valid for transportation of livestock out of the inspection area state only on
the date issued. If there is no valid local inspection certificate, the livestock shall be inspected before
leaving the inspection area state. Livestock being removed from the ownership inspection area state
without authorization from the board may be impounded by any law enforcement officer until the
livestock are inspected for ownership by an authorized brand inspector. The venue of any offense
under this section is in the county where such livestock were loaded or in any county through which
the livestock were transported or trailed. Any livestock being transported to a destination outside the
ownership inspection area state shall be inspected for ownership if they cease to be in the custody
of the carrier at any time prior to leaving the ownership inspection area before leaving the state. Any
livestock shipper within the livestock ownership inspection area state wanting livestock inspected
as provided in this section shall notify an inspector in advance of the inspection and allow the
inspector reasonable time to provide the inspection.
Section 10. That § 40-20-4.1 be amended to read as follows:
40-20-4.1. Notwithstanding the provisions of § 40-20-4, an owner of any livestock who wishes
to move the livestock out of the ownership inspection area state for any purpose other than sale or
trade of the livestock may obtain a written permit from the board for movement of the livestock. The
written permit shall remain in effect for the life of the livestock described, or for a specific term, and
it is void if the livestock changes ownership. The fee for the permit shall be established by rules
promulgated pursuant to chapter 1-26. The permit fee includes the costs of any inspection and the
fee imposed under the provisions of § 40-18-16. A permit for the transportation of horses and mules
may be authorized by the board pursuant to § 40-18-16.
Section 11. That § 40-20-5 be amended to read as follows:
40-20-5. If the border of the livestock ownership inspection area state of South Dakota divides
any ranch or farm, written permission may be given by the board to the owner or lessee of the ranch
or farm to trail livestock out of the South Dakota inspection area state for grazing purposes without
inspection. The border of the South Dakota inspection area shall be contiguous to an inspection area
of an adjacent state. The board may cancel such permission at any time subject to the provisions of
chapter 1-26.
Section 12. That § 40-20-6 be amended to read as follows:
40-20-6. Subject to the conditions set forth in §§ 40-20-7 to 40-20-12, inclusive, if livestock is
transported or trailed to a designated inspection point outside the livestock ownership inspection area
state designated by the board as an open market, no livestock ownership inspection is required at
point of origin.
Section 13. That § 40-20-7 be amended to read as follows:
Section 14. That § 40-20-7.1 be amended to read as follows:
40-20-7.1. A market clearance is valid for transporting livestock out of the ownership inspection
area state only if the transportation originates at the market where the livestock were inspected. If
the livestock are unloaded or held at any other location other than the market of origin, they shall be
reinspected for ownership immediately prior to further transportation.
Section 15. That § 40-20-10 be amended to read as follows:
40-20-10. If authorization is required, it is a Class 1 misdemeanor for any carrier or owner to
transport any livestock from the livestock ownership inspection area state or to within a mile of the
border with a destination outside the livestock ownership inspection area state unless the carrier or
owner is in possession of authorization by the board.
Section 16. That § 40-20-12 be amended to read as follows:
40-20-12. If livestock shipped from the livestock ownership inspection area state are consigned
to an open market described in § 40-20-6, it is a Class 1 misdemeanor for any person to change the
consignment to a point other than a livestock market previously designated by the board as an open
market, unless the livestock receive a livestock ownership inspection and the carrier receives a
certificate or clearance from the board showing that all the livestock belongs to the shipper.
Section 17. That § 40-20-18 be amended to read as follows:
40-20-18. Any person in charge or control of any motor vehicle transporting livestock from any
point within the livestock ownership inspection area state shall, upon demand of any state law
enforcement officer, exhibit to the officer authorization as required pursuant to § 40-20-4. It is a
Class 2 misdemeanor for any person not to be in possession of such authorization if required by the
provisions of this section.
Section 18. That § 40-20-26 be amended to read as follows:
40-20-26. It is a Class 1 misdemeanor for any licensed livestock auction market in the livestock
ownership inspection area state to allow any livestock brought into the yards of the market for
purpose of sale to leave the yards until first inspected for ownership. However, if a shipment of
livestock arrives at any auction market in the ownership inspection area after daylight hours, facilities
shall be made available to yard such livestock separate and apart from any other livestock. The
auction market may sell such livestock that night, but livestock so sold shall be returned to the
separate yard facilities, and may not be removed therefrom until an ownership inspection has been
made. The livestock ownership inspector may, in his discretion, reinspect the livestock before they
leave the yards of the auction market.
Section 19. That § 40-20-26.1 be amended to read as follows:
40-20-26.1. It is a Class 1 misdemeanor for any person to sell or to transfer ownership of any
livestock within the livestock ownership inspection area state without first obtaining an ownership
inspection, except as provided in § 40-20-26.
Section 20. That § 40-20-26.2 be amended to read as follows:
40-20-26.2. The provisions of § 40-20-26.1 notwithstanding, ownership of livestock with the
seller's South Dakota recorded and healed brand or the owner's unbranded livestock may be
transferred by means of an authorized bill of sale without a brand inspection. The bill of sale shall
be on a form prescribed by the board. A copy of an authorized bill of sale shall be forwarded to the
board. An authorized bill of sale does not substitute for inspection of livestock being removed from
the ownership inspection area of South Dakota state.
Section 21. That § 40-20-29 be amended to read as follows:
40-20-29. It is a Class 1 misdemeanor for any person to slaughter or process livestock
commercially within the livestock ownership inspection area state until the livestock have received
an ownership inspection and the certificate of such inspection is filed and is made a part of that
person's permanent records, or unless the person has the hide of each slaughtered carcass available
for inspection. An ownership brand inspection certificate on livestock is valid for no longer than four
days from the date of issue. Livestock arriving at slaughter destination later than four days from the
date indicated on the inspection certificate shall be inspected and the fee collected. All certificates
of ownership inspection shall, at any time upon demand, be displayed to any law enforcement officer
or to the board.
Section 22. That § 40-20-32 be amended to read as follows:
40-20-32. Any person who operates a drylot cattle feeding operation, within the confines of
permanently fenced lots and within the ownership inspection area may apply to the board for
designation as a registered feedlot. The board shall prescribe a form for this purpose. Upon receipt
of an application and within thirty days, the board may grant a permit if the following requirements
are satisfied:
40-20-37. It is a Class 1 misdemeanor for any buyer of livestock at a licensed livestock auction
market in the ownership inspection area, or any person on the buyer's behalf, to remove any livestock
from the market until the livestock have been inspected for ownership as provided in § 40-20-26.
Section 24. That § 40-20-39 be amended to read as follows:
40-20-39. Livestock that is removed from the ownership inspection area state in violation of this
chapter may be inspected at any place outside the inspection area and the fee collected for the
inspection. The inspection does not exempt any person from prosecution for violation of the
inspection laws.
Section 25. That § 40-21-10 be amended to read as follows:
40-21-10. If any livestock, inspected under the provisions of this chapter or chapter 40-20 bears
bear an unrecorded brand, or a recorded brand other than the brand of the person selling the livestock
or transporting the livestock out of the ownership inspection area state, and does do not bear the
recorded brand of such the person, then the person selling or transporting the livestock shall be
required to establish ownership to the livestock, by presenting to the livestock ownership inspector
a witnessed bill of sale to the animal or by other satisfactory evidence of ownership which may
include an affidavit of ownership signed by the person selling or transporting the livestock and
witnessed by the ownership inspector. If any livestock listed on the original bill of sale or affidavit
of ownership are not sold or transported out of the ownership inspection area state, the inspector
shall pick up the ownership documents and issue a receipt showing the number of livestock sold or
transported and the number remaining. If any livestock are unbranded, the inspector may require the
shipper or seller to establish ownership by presenting to the inspector an affidavit of ownership. Only
an original bill of sale or affidavit of ownership is valid for proof of ownership. Any bill of sale or
affidavit shall be notarized or signed by two witnesses.
Section 26. That § 40-21-11 be amended to read as follows:
40-21-11. If any livestock inspected under the provisions of this chapter or chapter 40-20 bears
bear the recorded brand of the seller or the person transporting the livestock out of the ownership
inspection area state, and also bears bear a recorded brand of another person, then the seller or the
person transporting the livestock out of the ownership inspection area state may be required, at the
discretion of the livestock ownership inspector, to establish ownership to the livestock by presenting
to the ownership inspector satisfactory evidence of ownership.
Section 27. That § 40-21-12.1 be amended to read as follows:
40-21-12.1. If the person transporting livestock out of the ownership inspection area state as
described in § 40-21-10 or 40-21-11 fails to establish ownership of any livestock, the board may hold
the livestock. If a hold has been placed on the livestock, it is a Class 1 misdemeanor for the person
to remove the livestock from the ownership inspection area state or sell the livestock before the board
has cleared the hold for release. Any livestock hold continuing beyond sixty days shall be forwarded
by the inspector to the board for review and final disposition, which may include clarification,
settlement, or payment related to proper ownership.
Section 28. That § 40-22-12 be amended to read as follows:
40-22-12. Any person slaughtering or processing livestock outside the ownership inspection area
shall, upon demand of any law enforcement officer, provide names and dates of persons who
delivered livestock for slaughter that may have originated from within the ownership inspection area
state. "
Joshua Klumb