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CHAPTER 40-18

STATE BRAND BOARD

40-18-1      Composition of board--Nomination and appointment of members.
40-18-1.1      Board attached to Department of Agriculture for reporting--Function retained--Appointment of staff director.
40-18-1.2      Definitions.
40-18-2      Qualification of board members.
40-18-3      Terms of appointment to board--Vacancies.
40-18-4      Repealed.
40-18-5      Quorum of board--Vote required for action.
40-18-6      Office of board.
40-18-7      President and vice president of board.
40-18-8      General duties of staff director--Call of meetings.
40-18-9      Employment of other persons by board--Compensation--Expenditures.
40-18-10      Designation of private or nonprofit corporation for provision of ownership inspection--Terms of contract.
40-18-10.1      Agreements with other states for livestock ownership inspection.
40-18-11      Bond required of custodian of board funds.
40-18-12      Seal of board.
40-18-13      Administration of marking and branding laws.
40-18-14      Employment of law enforcement officers for enforcement of marking and branding laws--Hiring of additional inspectors.
40-18-15      Ownership inspection on transportation of livestock.
40-18-16      Promulgation of rules.
40-18-17      Board to provide for brand registration, livestock inspection, and enforcement of laws.
40-18-18      Annual report to Senate and House committees .
40-18-19      Arrest for violation of chapters 40-19 to 40-22 or 40-29--Promise to appear--Bond--Violation as misdemeanor.
40-18-20      Inspection outside livestock ownership inspection area.


     40-18-1.   Composition of board--Nomination and appointment of members. The State Brand Board shall consist of five members appointed by the Governor and confirmed by the Senate. Statewide nonprofit agricultural organizations or other interested persons, may submit nominations to the Governor.

Source: SDC 1939, § 40.1201; SL 1943, ch 142, § 1; SL 1949, ch 144, § 1; SL 1951, ch 198; SL 1976, ch 252, § 1; SL 1988, ch 328, § 2; SL 2004, ch 259, § 1, eff. Mar. 16, 2003; SL 2009, ch 202, § 2.


     40-18-1.1.   Board attached to Department of Agriculture for reporting--Function retained--Appointment of staff director. The board is attached to the Department of Agriculture for reporting purposes. It shall retain all its prescribed functions including administrative functions. The board shall appoint a staff director to serve at its pleasure.

Source: SL 1973, ch 2, § 37; SL 1974, ch 3, § 14; SL 1977, ch 321, § 3; SL 1988, ch 328, § 3.


     40-18-1.2.   Definitions. Terms used in chapters 40-18 to 40-22, inclusive, and 40-29 mean:
             (1)      "Agency," any private or nonprofit corporation, or its employees, incorporated under state law, designated by the board as its authorized agent to carry out the functions contracted for by the board to inspect livestock for ownership identification purposes;
             (2)      "Approved brand," any brand accepted for registration by the board;
             (3)      "Authorized bill of sale," any limited use form approved by the board to transfer ownership of livestock;
             (4)      "Board," the South Dakota State Brand Board;
             (5)      "Brand ownership period," the five-year time period during which brands are valid if the fees are paid;
             (6)      "Carrier," any person in charge of a conveyance which transports livestock;
             (7)      "Conflicting brand," any brand which is a duplicate of, or is similar to, or may be altered to resemble, a registered brand;
             (8)      "Conveyance," any vehicle used to transport livestock;
             (9)      "Estray," any unclaimed cattle, horse, mule, sheep, or buffalo the ownership of which is in question;
             (10)      "Evidence of ownership," any authorized bill of sale, market clearance, local inspection, health certificate, current registration papers, court order, or other official document or in lieu thereof an affidavit of ownership;
             (11)      "Healed brand," a brand that has shed the scab and for which the healing process is complete;
             (12)      "Hold," the possession of livestock or the possession of the proceeds from the sale of livestock for purposes of establishing ownership;
             (13)      "Hot iron," a metal instrument heated and used to brand livestock;
             (14)      "Inspect," to examine livestock for the purpose of determining ownership;
             (15)      "Inspector," any person who is authorized by the board to perform ownership inspection of livestock;
             (16)      "Investigator," any person employed by the board to enforce the ownership inspection laws;
             (17)      "Livestock," cattle, horses, and mules;
             (18)      "Local ownership inspection certificate," an ownership inspection certificate of livestock ownership issued by a brand inspector at any point outside the auction market;
             (19)      "Market clearance," an inspection certificate of ownership for livestock issued by a brand inspector at a South Dakota livestock auction market;
             (20)      "Open market," any livestock market or shipping point where ownership inspection is conducted by written agreement with the board;
             (21)      "Owner," the person to whom a recorded brand is registered or who owns cattle, horses, mules, sheep, or buffalo;
             (21A)      "Process," to cut and wrap a livestock carcass for human consumption;
             (22)      "Producer," any person engaged in the raising of livestock;
             (23)      "Recordable brand," any brand acceptable for registration;
             (24)      "Recorded brand," any brand registered with the board;
             (25)      "Registered brand," any recorded brand for which the fees are currently paid;
             (26)      "Seller," any person offering for sale or selling livestock;
             (27)      "Selling agent," any person engaged in livestock commerce;
             (28)      "Shipper," any person making delivery of livestock to a market or shipping point;
             (29)      "Shipper's permit," any permit to transport livestock to a market or point approved by the board;
             (30)      "Slaughter," the killing of livestock for processing for human consumption;
             (31)      "Split brands," any brand parts of which are applied on more than one location of an animal;
             (32)      "Tally," any board-approved form used by inspectors to list and describe livestock;
             (33)      "Trail," to herd or drive livestock from place to place without conveyance; and
             (34)      "Transport," to carry by conveyance.

Source: SL 1988, ch 328, § 1; SL 1992, ch 288, § 2; SL 2002, ch 190, § 1.


     40-18-2.   Qualification of board members. 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.

Source: SDC 1939, § 40.1201 as added by SL 1943, ch 142, § 1; SL 1949, ch 144, § 1; SL 1951, ch 198; SL 1973, ch 2, § 38; SL 1976, ch 252, § 2; SL 1988, ch 328, § 4; SL 2004, ch 259, § 2.


     40-18-3.   Terms of appointment to board--Vacancies. Appointments to the board shall be made for terms of three years expiring on the first Monday in January in each year. In case of vacancy prior to expiration of a term, appointment shall be made for the balance of the unexpired term only. However, the initial appointments to be made pursuant to SL 2004, ch 259 shall be made for staggered terms of one, two, two, three, and three years.

Source: SDC 1939, § 40.1201; SL 1943, ch 142, § 1; SL 1949, ch 144, § 1; SL 1951, ch 198; SL 1976, ch 252, § 3; SL 1988, ch 328, § 5; SL 2004, ch 259, § 3.


     40-18-4.   Repealed by SL 1971, ch 23, § 2


     40-18-5.   Quorum of board--Vote required for action. Three members of the board shall constitute a quorum for the transaction of business, but the affirmative vote of three members of the board is required to adopt any motion or resolution.

Source: SDC 1939, § 40.1201 as added by SL 1943, ch 142, § 1; SL 1949, ch 144, § 1; SL 1951, ch 198; SL 1976, ch 252, § 4; SL 1988, ch 328, § 6.


     40-18-6.   Office of board. The board shall maintain an office in Pierre.

Source: SDC 1939, § 40.1201; SL 1943, ch 142, § 1; SL 1949, ch 144, § 1; SL 1951, ch 198; SL 1988, ch 328, § 7.


     40-18-7.   President and vice president of board. The board shall elect from its members a president and vice president each year, who may vote on all matters before the board.

Source: SL 1943, ch 142, § 2; SDC Supp 1960, § 40.1201-1; SL 1988, ch 328, § 8.


     40-18-8.   General duties of staff director--Call of meetings. The staff director shall keep a record of all proceedings, transactions, communications, and official acts of the board, shall be custodian of all records of the board and shall perform such other duties as the board may require. The staff director shall call a meeting of the board at the direction of the president or upon the written request of three or more members of the board.

Source: SL 1943, ch 142, § 4; SL 1947, ch 179; SDC Supp 1960, § 40.1201-2; SL 1967, ch 158; SL 1969, ch 167, § 1; SL 1988, ch 328, § 9.


     40-18-9.   Employment of other persons by board--Compensation--Expenditures. The board may, pursuant to chapter 3-6D, employ persons as the board deems necessary to properly carry out the provisions of chapters 40-18 to 40-22, inclusive, and chapter 40-29, under the supervision and control of the board. The board may fix the salaries and compensation of the persons employed and may make expenditures as necessary to carry out the provisions of chapters 40-18 to 40-22, inclusive, and chapter 40-29.

Source: SL 1943, ch 142, § 4; SL 1947, ch 179; SDC Supp 1960, § 40.1201-2; SL 1967, ch 158; SL 1988, ch 328, § 10; SL 2018, ch 12, § 22.


     40-18-10.   Designation of private or nonprofit corporation for provision of ownership inspection--Terms of contract. The board may designate as an agency for the carrying on of livestock ownership 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 contract. Such accounting information shall be available to the public upon request to the board.

Source: SL 1943, ch 142, § 4; SL 1947, ch 179; SDC Supp 1960, § 40.1201-2; SL 1967, ch 158; SL 1969, ch 167, § 2; SL 1977, ch 321, § 4; SL 1982, ch 18, § 137; SL 1988, ch 328, § 11.


     40-18-10.1.   Agreements with other states for livestock ownership inspection. The board may enter into reciprocal agreements or contracts with an agency of any other state, which provides livestock ownership inspection.

Source: SL 1943, ch 142, § 5; SDC Supp 1960, § 40.1201-3; SL 1988, ch 328, § 12.


     40-18-11.   Bond required of custodian of board funds. Any person employed or contracted with by the board who collects or is the custodian of any funds, shall furnish a surety bond, the amount and conditions of which shall in each case be prescribed by the board.

Source: SDC 1939, §§ 40.1201, 40.1203; SL 1943, ch 142, § 1; SL 1949, ch 144, § 1; SL 1951, ch 198; SL 1988, ch 328, § 13.


     40-18-12.   Seal of board. The board shall adopt a seal which shall contain among other things the words: "South Dakota State Brand Board." Brand certificates and any other official certificates and documents of the board shall bear the seal of the board.

Source: SDC 1939, § 40.1202; SL 1988, ch 328, § 14.


     40-18-13.   Administration of marking and branding laws. The board shall administer chapters 40-18 to 40-22, inclusive, chapter 40-29 and any rules promulgated pursuant thereto.

Source: SDC 1939, §§ 40.1201, 40.1203; SL 1943, ch 142, § 1; SL 1949, ch 144, § 1; SL 1951, ch 198; SL 1988, ch 328, § 15.


     40-18-14.   Employment of law enforcement officers for enforcement of marking and branding laws--Hiring of additional inspectors. The attorney general may employ four investigators for the purpose of enforcing the provisions of chapters 40-19 to 40-22, inclusive, and chapter 40-29. The investigators shall be certified law enforcement officers and shall enforce laws pertaining to inspection, sale, branding, misbranding, ownership, transportation, or theft of cattle, horses, mules, sheep, and buffalo. The investigators have all of the powers and authority of any law enforcement officer within the State of South Dakota while enforcing laws pertaining to cattle, horses, mules, sheep, and buffalo. This section does not restrict the attorney general from hiring inspectors, who are not law enforcement officers.

Source: SL 1947, ch 179; SDC Supp 1960, § 40.1201-2; SL 1967, ch 158; SL 1969, ch 167, § 3; SL 1977, ch 321, § 5; SL 1984, ch 269, § 1; SL 1988, ch 328, § 16; SL 2011, ch 1 (Ex. Ord. 11-1), § 160, eff. Apr. 12, 2011.


     40-18-15.   Ownership inspection on transportation of livestock. The board may inspect all livestock moved within the South Dakota livestock ownership inspection area and all livestock 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 general charge, supervision, and custody of all instruments, records, and files in connection with such ownership inspection activities.

Source: SL 1943, ch 142, § 2; SDC Supp 1960, § 40.1201-1; SL 1988, ch 328, § 17.


     40-18-16.   Promulgation of rules. The board may promulgate rules, pursuant to chapter 1-26, to:
             (1)      Describe prohibited brand symbols for various types of livestock and identify locations on animals where a brand is permitted;
             (2)      Provide for the registration, transfer, and renewal of livestock brands;
             (3)      Establish a brand registration fee not to exceed twenty-five dollars;
             (4)      Establish a brand renewal fee not to exceed ten dollars per year or a brand renewal fee not to exceed fifty dollars for each five-year ownership period and a brand transfer fee not to exceed twenty-five dollars;
             (5)      Establish an ownership inspection fee not to exceed one dollar for each head of livestock;
             (6)      Establish recordable livestock brands;
             (7)      Establish law enforcement, ownership inspection, and transportation requirements within or without the ownership inspection area;
             (8)      Establish a duplicate certificate fee not to exceed five dollars;
             (9)      Establish a mileage fee for inspectors not to exceed the rate set by the State Board of Finance; and
             (10)      Establish an inspection fee for livestock located outside the ownership inspection area not to exceed one dollar for each head of livestock.

Source: SL 1943, ch 142, § 6; SDC Supp 1960, § 40.1201-4; SL 1974, ch 272, § 1; SL 1982, ch 18, § 138; SL 1988, ch 328, § 18; SL 1991, ch 334; SL 1992, ch 288, § 1; SL 1993, ch 307, § 1; SL 1999, ch 207, § 1; SL 1999, ch 208; SL 2008, ch 212, § 1; SL 2018, ch 247, § 2.


     40-18-17.   Board to provide for brand registration, livestock inspection, and enforcement of laws. 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.

Source: SL 1999, ch 206, § 1.


     40-18-18.   Annual report to Senate and House committees. The State Brand Board shall make an annual report to the Senate and House Committees on Agriculture and Natural Resources and to the Senate and House Government Operations and Audit Committees. The report shall describe and document the activities of the board for the previous calendar year and shall include the following:
             (1)      The number and type of livestock that have been inspected during the previous calendar year under the auspices of the board;
             (2)      The amount collected in inspection fees for the previous calendar year;
             (3)      The number and type of livestock that have been reported lost or stolen during the previous calendar year;
             (4)      The number and type of livestock that were placed on hold status pursuant to § 40-21-12 during the previous calendar year if the hold status was not resolved at the livestock auction market and if the hold status was reported to the Brand Board office by the livestock auction market, and the disposition of such cases;
             (5)      An accounting for any money paid to owners of livestock that had been placed on hold status;
             (6)      An accounting for livestock for which ownership is not established and for any money associated with such livestock that is placed in the livestock ownership inspection and theft prevention fund pursuant to § 40-21-17;
             (7)      The number of investigations conducted and the number of convictions obtained;
             (8)      Other information requested by the committee or other information that the board deems appropriate to provide to the committee.
     The report is due, in writing, for delivery to the committees not later than the first day of the annual legislative session. Each committee may also require the board to present the report in person at a meeting of the committee held during the legislative session.

Source: SL 2009, ch 202, § 1.


     40-18-19.   Arrest for violation of chapters 40-19 to 40-22 or 40-29--Promise to appear--Bond--Violation as misdemeanor. If a resident of this state is arrested for a violation of any provision of chapters 40-19 to 40-22, inclusive, or any provision of chapter 40-29, punishable as a misdemeanor, the arresting officer shall take the name and address of the person and information relative to the violation and issue the person a summons in writing to appear in court. The officer shall release the person from custody upon receiving from the person a written promise to appear at the time and place designated by the officer. A nonresident arrested for a violation of chapters 40-19 to 40-22, inclusive, or any provision of chapter 40-29, punishable as a misdemeanor, may be required to post bond in the amount set forth on the fine and bond schedule provided by the presiding circuit court judge, or in an amount set by a magistrate or judge for that offense, before being released from custody. Any person who intentionally violates the written promise to appear, given in accordance with the provisions of this section, is guilty of a Class 2 misdemeanor.
     The officer shall utilize a uniform form approved by the attorney general for complaints and summons regarding a violation of any provision of chapters 40-19 to 40-22, inclusive, or the provisions of chapter 40-29, punishable as a misdemeanor.

Source: SL 2014, ch 195, § 1.


     40-18-20.   Inspection outside livestock ownership inspection area. If requested, the board may inspect livestock in this state located outside the livestock ownership inspection area.

Source: SL 2018, ch 247, § 1.


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