State of South Dakota
|
SEVENTY-SEVENTH
SESSION
LEGISLATIVE ASSEMBLY, 2002 |
400H0149 |
HOUSE ENGROSSED
NO.
HB 1019
-
01/17/2002
|
Introduced by:
The Committee on Agriculture and Natural Resources at the request of the
State Brand Board
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 40-18-1.2 be amended by adding thereto a NEW SUBDIVISION to read as follows:
Section 2. That § 40-19-3 be amended to read as follows:
40-19-3. The branding of cattle, horses, mules, and buffalo shall be done by use of a hot iron. A freeze brand may, however, be applied to horses and mules. A single letter, number, figure, bar, quarter circle, half circle, or complete circle, or a half diamond, or complete diamond placed on livestock are unrecordable brands under this chapter, including new split-brands. However, presently recorded brands are valid as long as fees are paid and there is no conflict with board policy.
one color and a hot iron brand may be recorded for sheep under one application fee. Authorized
paint colors are yellow, blue, green, black, red, or purple. No dot, bar, slash, quarter circle,
circle, or the letter "Q" may be registered as a sheep brand. A brand may be recorded for the
side, hip, nose, or jaw on either the left or right side of sheep. No brand may be recorded as
"across the back" of a sheep. A
sheep
brand, regardless of position, is only recordable in a
different color on the same location.
Section
3.
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
or its authorized inspecting agency and shall be postmarked within ten days of such
ownership transfer. A violation of the forwarding requirement is a Class 2 misdemeanor
. An
authorized bill of sale does not substitute for inspection of livestock being removed from the
ownership inspection area of South Dakota.
Section 4. That § 40-20-29 be amended to read as follows:
40-20-29. It is a Class 1 misdemeanor for any person
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
5.
That
§
40-22-6
be repealed.
40-22-6.
Any person who slaughters livestock within the ownership inspection area shall
possess an ownership inspection certificate for each carcass slaughtered or have the hides
available for inspection with ears and tails attached, including all brands, tattoos, ear marks and
other marks of identification of each carcass. A violation of this section is a Class 1
misdemeanor.
Section
6.
That
§
40-22-12
be amended to read as follows:
40-22-12.
Any person slaughtering or processing livestock outside the ownership inspection
area
which came from inside the ownership inspection area
shall, upon demand of any law
enforcement officer
or brand inspector, within a reasonable period of time produce a hide or
proof of ownership of the slaughtered livestock. A violation of this section is a Class 1
misdemeanor
, provide names and dates of persons who delivered livestock for slaughter that may
have originated from within the ownership inspection area
.