State of South Dakota
LEGISLATIVE ASSEMBLY, 2013
|400U0313||SENATE BILL NO. 21|
Introduced by: The Committee on Agriculture and Natural Resources at the request of the Department of Agriculture
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 may be of any one political party.
Section 3. That § 40-18-10 be amended to read as follows:
40-18-10. The board may designate as an agency for the carrying on of
inspection work a private or nonprofit corporation, and fix the compensation. Any contract
entered into for the provision of livestock ownership inspection work shall contain provisions
requiring a separate accounting of all income received and expenses paid by the agency based
on such the contract. Such The accounting information shall be available to the public upon
request to the board.
Section 4. That § 40-18-10.1 be amended to read as follows:
40-18-10.1. The board may enter into reciprocal agreements or contracts with an agency of any other state
, which provides livestock ownership inspection.
Section 5. That § 40-18-15 be amended to read as follows:
40-18-15. The board may inspect all
livestock cattle moved within the South Dakota
livestock ownership inspection area and all livestock cattle leaving the South Dakota livestock
ownership inspection area for the purpose of determining the proper ownership and brands, if
any, of such livestock and shall have the cattle. The board has general charge, supervision, and
custody of all instruments, records, and files in connection with such ownership inspection
Section 6. That § 40-18-16 be amended to read as follows:
40-18-16. The board may promulgate rules pursuant to chapter 1-26 to:
board for the previous calendar year and shall include the following:
brand, unless the brand is valid as provided by law and is registered in the name of the user with
the Office of the State Brand Board.
Section 10. That § 40-19-4 be amended to read as follows:
40-19-4. Any person desiring to use or adopt any recordable brand for
identification purposes shall make and sign an application setting forth a facsimile of the brand
desired and file the application for registration in the office of the board.
Section 11. That § 40-19-23.1 be amended to read as follows:
40-19-23.1. The board may:
impounded by any law enforcement officer until the
livestock cattle are inspected for ownership
by an authorized brand inspector. The venue of any offense under this section is in the county
where such livestock the cattle were loaded or in any county through which the livestock cattle
were transported or trailed. Any livestock cattle 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 before leaving the ownership inspection area. Any livestock cattle
shipper within the livestock ownership inspection area wanting livestock cattle 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 16. 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
who wishes to move the livestock cattle out of the ownership inspection area for any purpose
other than sale or trade of the livestock cattle may obtain a written permit from the board for
movement of the livestock cattle. The written permit shall remain in effect for the life of the
livestock animal described, or for a specific term, and it is void if the livestock animal 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 that remains in
effect for the life of the animal described may be authorized by the board pursuant to § 40-18-16.
Section 17. That § 40-20-4.2 be amended to read as follows:
40-20-4.2. It is a Class 1 misdemeanor to make an inspection of
livestock cattle while the
livestock cattle are loaded in or on any conveyance. The inspector shall tally the livestock cattle
according to the number of head, sex, and brands.
inspection area only if the transportation originates at the market where the
livestock cattle were
inspected. If the livestock cattle 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 23. 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 cattle from the livestock ownership inspection area or to within a mile
of the border with a destination outside the livestock ownership inspection area unless the
carrier or owner is in possession of authorization by the board.
Section 24. That § 40-20-10.1 be amended to read as follows:
livestock cattle have been shipped to an open market and no authorization for
the transportation of such livestock the cattle has been obtained, the proceeds of the sale of such
livestock the cattle shall be held in trust by the operators of the open market until the board
authorizes the release of the proceeds.
Section 25. That § 40-20-12 be amended to read as follows:
livestock cattle shipped from the livestock ownership inspection area 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 cattle receive a livestock an ownership inspection
and the carrier receives a certificate or clearance from the board showing that all the livestock
belongs to the shipper cattle have been inspected.
Section 26. That § 40-20-18 be amended to read as follows:
40-20-18. Any person in charge or control of any motor vehicle transporting
from any point within the livestock ownership inspection area 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 27. That § 40-20-24 be amended to read as follows:
40-20-24. Any law enforcement officer may require any person transporting
to stop any vehicle transporting such livestock the cattle for the purpose of examination and
inspection of the shipper's permit, local ownership inspection certificates, livestock market
clearances, bills of sale, brands, marks, or other means of identification. The law enforcement
officer may demand require any such person to unload such livestock the cattle at the nearest
suitable location for further inspection and examination.
Section 28. That § 40-20-25 be amended to read as follows:
40-20-25. Any law enforcement officer described in § 40-20-24 or surety on his or her official bond is not liable for any damages claimed to have been incurred by reason of any injury to
such livestock the cattle, loss of time, shrinkage, or any other similar damage.
Section 29. 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 to allow any livestock cattle 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 cattle arrives at any auction market in the ownership inspection area after
daylight hours, facilities shall be made available to yard such livestock hold the cattle separate
and apart from any other livestock cattle. The auction market may sell such livestock the cattle
that night, but livestock cattle so sold shall be returned to the separate yard facilities, and may
not be removed therefrom from the separate facilities until an ownership inspection has been
made. The livestock ownership inspector may , in his discretion, reinspect the livestock cattle
before they leave the yards of the auction market.
at the market and shall be collected if the current inspection income does not cover the cost of
Section 34. 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
commercially within the livestock ownership inspection area until the livestock cattle have
received an ownership inspection and the certificate of such the 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 A local ownership brand inspection certificate on livestock
cattle is valid for no longer than four days from the date of issue. Livestock Cattle 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 35. That § 40-20-37 be amended to read as follows:
40-20-37. It is a Class 1 misdemeanor for any buyer of
livestock cattle at a licensed livestock
auction market in the ownership inspection area, or any person on the buyer's behalf, to remove
any livestock cattle from the market until the livestock cattle have been inspected for ownership
as provided in § 40-20-26.
Section 36. That § 40-20-38 be amended to read as follows:
A livestock An inspector may refuse to inspect livestock cattle for ownership
purposes if, in the judgment of the inspector, the livestock cattle are confined to an area not
accessible for inspection or if insufficient light exists for inspection.
Section 37. That § 40-20-39 be amended to read as follows:
Livestock that is Cattle removed from the ownership inspection area 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 38. That § 40-21-3.1 be amended to read as follows:
40-21-3.1. No person may transport cattle
, horses, mules, sheep, or buffalo or the carcasses
thereof of cattle on any public highway in this state or over any land of which he the person is
not the owner or tenant, without the written permission of the owner of the cattle , horses, mules,
sheep, and buffalo or carcasses. Such The permit shall contain: the name of the owner of the
shipment; the ages, sexes, brands thereon, if any; the date of transportation, the points of origin,
and destination of the shipment; and the person to whom it is consigned. In lieu of the permit,
any person who is transporting such cattle , horses, mules, sheep, and buffalo or carcasses may
make a written statement which shall contain the information described herein in this section.
Violation of this section is a Class 1 misdemeanor.
Section 39. That § 40-21-5 be amended to read as follows:
40-21-5. To facilitate the inspection of
livestock cattle and the enforcement of chapters 40-18 to 40-22, inclusive, any livestock market, slaughter facility, or inspection point, whether
within or without the State of South Dakota, that meets the criteria established by the board may
be designated by the board as an open market. The board shall establish criteria for designating
an open market and for revoking open market status by rules promulgated pursuant to chapter
1-26. Criteria may include distance from the livestock ownership inspection area, the number
of head inspected annually, compliance by the market with ownership inspection laws, adequacy
of the facilities, economic feasibility, and compliance with the open market agreement. Any
livestock market, slaughter facility, or inspection point designated as an open market by the
board shall enter into an open market agreement with the board on such terms and conditions
as may be necessary for proper brand inspection in accordance with the brand inspection laws
regulations rules of this state and of the state in which the livestock market, slaughter
facility, or inspection point is located.
Section 40. That § 40-21-7 be amended to read as follows:
40-21-7. The board may collect a fee on all
livestock cattle inspected in accordance with the
provisions of § 40-18-16. The owner or seller of any livestock cattle so inspected is responsible
for the inspection fee. All fees are payable to the board and the board shall issue a receipt. The
board shall deliver the original receipt to the remitter, and the duplicate receipt shall be retained
by the board. No inspection clearance may be delivered until the inspection fees have been paid.
If only a portion of a consignment of livestock cattle is sold, the inspection fee required shall
be charged on the entire consignment.
Section 41. That § 40-21-9 be amended to read as follows:
40-21-9. Except as provided by § 40-21-8, all fees collected by the board shall be deposited in the state treasury in a fund to be known as the South Dakota
livestock ownership inspection
and theft prevention fund. The moneys in the fund shall may be used by the board only in the
administration and enforcement of this chapter and chapter 40-20.
Section 42. That § 40-21-10 be amended to read as follows:
40-21-10. If any
livestock, cattle 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 cattle or transporting the livestock cattle out of the ownership inspection
area, and does do not bear the recorded brand of such person, then the person selling or
transporting the livestock shall be required to cattle shall establish ownership to the livestock,
cattle 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 cattle and witnessed by the ownership
inspector. If any
livestock cattle listed on the original bill of sale or affidavit of ownership are
not sold or transported out of the ownership inspection area, the inspector shall pick up the
ownership documents and issue a receipt showing the number of livestock cattle sold or
transported and the number remaining. If any livestock cattle 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 43. That § 40-21-11 be amended to read as follows:
40-21-11. If any
livestock cattle 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 cattle out
of the ownership inspection area, and also bears bear a recorded brand of another person, then
the seller or the person transporting the livestock cattle out of the ownership inspection area may
be required, at the discretion of the livestock ownership inspector, to establish ownership to the
livestock cattle by presenting to the ownership inspector satisfactory evidence of ownership.
Section 44. That § 40-21-12 be amended to read as follows:
40-21-12. If the seller described in § 40-21-10 or 40-21-11 fails to establish ownership of any
livestock cattle, the livestock cattle shall be held or sold. If the livestock cattle are held,
disposition by the board shall be made. If the cattle are sold, the selling agent is financially
responsible for the proceeds of the sale and shall hold the proceeds until the board orders the
money, along with account of sale, released to the livestock owner or to the South Dakota
livestock ownership inspection and theft prevention fund. Such financial responsibility may be
enforced by civil suit brought by the board. If the inspector finds livestock cattle carrying a
recorded brand which is not the property of the consignor and is not accompanied by a proper
bill of sale, affidavit of ownership, or livestock market clearance, the inspector shall designate
livestock cattle as, Hold. The inspector may sell or hold the livestock cattle; and if the cattle
are sold, the selling agency shall hold the proceeds from the sale for sixty days or until the
consignor establishes evidence of ownership to the inspector, whichever comes first. All
livestock holds after 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. If a hold has been placed on the proceeds, it is a Class 1 misdemeanor for the selling
agent or selling agency to disburse the proceeds to the seller or consignor before the board has
cleared the hold for release.
Section 45. That § 40-21-12.1 be amended to read as follows:
40-21-12.1. If the person transporting
livestock cattle out of the ownership inspection area
as described in § 40-21-10 or 40-21-11 fails to establish ownership of any livestock cattle, the
board may hold the livestock cattle. If a hold has been placed on the livestock cattle, it is a Class
1 misdemeanor for the person to remove the livestock cattle from the ownership inspection area
or sell the livestock cattle before the board has cleared the hold for release. Any livestock cattle
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
Section 46. That § 40-21-14 be amended to read as follows:
In the event of sale of livestock If cattle are sold pursuant to § 40-21-12, the seller
of such animal shall establish ownership within sixty days after sale thereof of the cattle, by
producing satisfactory proof thereof of ownership to the board. If such the seller establishes
ownership, the board shall order the person acting as selling agent to pay the net sale price with
account of sale to the owner.
Section 47. That § 40-21-15 be amended to read as follows: