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HB 1002 to revise certain provisions related to the...

State of South Dakota  
SEVENTY-SECOND  SESSION
LEGISLATIVE ASSEMBLY,  1997
 

615A0135  
HOUSE BILL   NO.     1002  

        Introduced by:  The Committee on Agriculture and Natural Resources at the request of the State Brand Board  

         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.