FOR AN ACT ENTITLED, An Act to increase the penalty for leaving the brand inspection area
without necessary inspection and authorization.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 40-20-4 be amended to read as follows:
40-20-4. Except as provided in this chapter, it is a
Class 2 Class 1 misdemeanor for any
person to remove or authorize the removal of any livestock from any point within the livestock
ownership inspection area to any point within one mile of the border with a destination outside
the ownership inspection area 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 only on the date issued. If there is no valid local inspection certificate, the livestock shall
be inspected before leaving the inspection area. Livestock being removed from the ownership
inspection area 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 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. Any livestock shipper within the livestock ownership
inspection area 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.