State of South Dakota  
NINETY-FOURTH SESSION
LEGISLATIVE ASSEMBLY, 2019  

336B0564   SENATE ENGROSSED    NO.  SB 149 -  2/14/2019  

Introduced by:    Senators Cammack, Blare, Ewing, Klumb, and Maher and Representatives Brunner, Chaffee, Livermont, Marty, and Peterson (Kent)
 

        FOR AN ACT ENTITLED, An Act to increase the amount authorized for certain brand fees and to authorize a brand registration application fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That § 40-18-16 be amended to read:
    40-18-16. 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 fifty dollars;
            (4)    Establish a brand renewal fee not to exceed ten eighteen dollars per year or a brand renewal fee not to exceed fifty ninety dollars for each five-year ownership period and a brand transfer fee not to exceed twenty-five fifty 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 twenty 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; and
            (11)    Establish a brand registration application fee not to exceed fifty dollars.
    Section 2. That § 40-19-14 be amended to read:
    40-19-14. During the first two years following the current brand ownership period, only the previous owner may apply for a brand canceled under § 40-19-13. If the brand is recordable, the previous owner may register the brand by paying the registration fee and a one two hundred dollar rerecord fee. If the brand was registered before cancellation, the brand is recordable and the previous owner may register the brand by paying the registration fee and a one two hundred dollar rerecord fee. Moreover, during During the two years following the current brand ownership period, it is not a violation of § 40-19-21:
            (1)    If the previous owner sells livestock bearing the canceled brand; or
            (2)    If the previous owner brands livestock with the canceled brand before becoming aware of the cancellation.