FOR AN ACT ENTITLED, An Act  to revise certain provisions related to the registration of canceled livestock brands.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
     Section  1.  That § 40-19-13 be amended to read as follows:
     40-19-13.   Any registered brand which is not renewed within one hundred twenty days after January first as provided for in §   40-19-12 is deemed abandoned to the state and may be claimed for use by application if recordable by a new owner by its owner, is canceled, and may not be renewed .
     Section  2.  That § 40-19-14 be amended to read as follows:
     40-19-14.   If an application is made for a brand deemed abandoned during the first two years of the current ownership period and the abandoned brand is recordable, the board shall notify the previous brand owner by certified or registered mail of the application for such abandoned brand. If the previous brand owner fails to rerecord the brand within twenty days of such notice pursuant to this section, the new application shall be granted. Such notice is not required for recording an abandoned brand after the second year of the current ownership period. The

renewal fee option is not available after the one hundred twenty-day renewal period has expired. An abandoned brand may be rerecorded by its previous owner, if recordable, by paying the registration fee and all renewal fees due on the brand for the current renewal period.

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 hundred dollar rerecord fee. Moreover, during the two years following the current 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 prior to becoming aware of the cancellation.

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BILL HISTORY
1/14/97 First read in House and referred to Agriculture & Natural Resources.   H.J.   22
1/21/97 Agriculture & Natural Resources Do Pass, AYES 12, NAYS 0.
1/21/97 Agriculture & Natural Resources Place on Consent Calendar.
1/23/97 Deferred to another day.   H.J.   95
1/27/97 Deferred to another day.   H.J.   157
1/30/97 Referred to Agriculture & Natural Resources.   H.J.   223
2/4/97 Agriculture & Natural Resources Do Pass Amended, AYES 13, NAYS 0.   H.J.   287
2/6/97 House of Representatives Do Pass Amended, AYES 65, NAYS 3.   H.J.   346