State of South Dakota
LEGISLATIVE ASSEMBLY, 2013
|417U0496||HOUSE BILL NO. 1089|
Introduced by: Representatives Schrempp, Bartling, Craig, Feickert, Gibson, Heinert, Hoffman, Kirschman, Kopp, May, Miller, Nelson, Olson (Betty), Qualm, Ring, Schoenfish, Tyler, Verchio, and Wink and Senators Maher, Bradford, Frerichs, Lucas, Sutton, and Welke
custody of all instruments, records, and files in connection with such ownership inspection
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:
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 That § 40-20-2 be repealed.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 That § 40-20-3 be repealed.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 to any point within one mile of the border with a destination outside the
ownership inspection area the 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 repealed.
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 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 repealed.
40-20-7. In lieu of an ownership inspection, any person who intends to remove livestock
from the livestock ownership inspection area for the purpose of sale or slaughter may obtain a
shipper's permit from the board or its authorized agent for the transportation of livestock to a
previously designated open market or slaughter plant pursuant to § 40-18-16. The permit may
be obtained forty-eight hours in advance of shipment from an authorized agent of the board.
Section 14. That § 40-20-7.1 be repealed.
40-20-7.1. A market clearance is valid for transporting livestock out of the ownership
inspection area 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 repealed.
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 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 16. That § 40-20-10.1 be repealed.
40-20-10.1. If livestock have been shipped to an open market and no authorization for the
transportation of such livestock has been obtained, the proceeds of the sale of such livestock
shall be held in trust by the operators of the open market until the board authorizes the release
of the proceeds.
Section 17. That § 40-20-12 be repealed.
40-20-12. If livestock 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 receive a livestock ownership inspection and the carrier
receives a certificate or clearance from the board showing that all the livestock belongs to the
Section 18. 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 19. 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 20. 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 21. 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.
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 23. 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:
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
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 28. 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 the recorded brand of the seller or the person transporting the livestock out of the
ownership inspection area state, and also bears 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 29. 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 30. 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