State of South Dakota
SEVENTY-SEVENTH
SESSION
LEGISLATIVE ASSEMBLY,
2002
|
381H0657
|
HOUSE BILL
NO.
1254
|
|
Introduced by:
Representatives Fryslie, Duenwald, Hanson (Gary), and Jensen and Senators
Diedrich (Larry), Ham, and Symens
|
FOR AN ACT ENTITLED, An Act to
revise certain provisions related to livestock auction
agencies and livestock dealers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section
1.
That chapter
40-15A
be amended by adding thereto a NEW SECTION to read
as follows:
For purposes of this chapter, the term, livestock, means cattle, sheep, horses, mules, swine,
goats, and buffalo.
Section
2.
That
§
40-15-10
be amended to read as follows:
40-15-10.
No person may operate a livestock auction agency without first filing with the
Animal Industry Board a corporate surety bond as required under the provisions of the Federal
Packers and Stockyard Act, 1921, as amended
to January 1, 2002
, for livestock agencies selling
on commission. The bond shall be filed with the Animal Industry Board and a certified copy
thereof shall be filed with the chief of the Packers and Stockyards Division of the United States
Department of Agriculture. The obligee of the bond
shall be
is
the Animal Industry Board with
the executive secretary thereof as trustee
, with full power and authority to consider claims and
pay valid claims from bond proceeds, subject to applicable federal law
. The bond shall be for the
benefit of all persons sustaining loss which may be covered by the obligation of the bond. The
bond shall be approved by the Animal Industry Board as to its sufficiency and by the attorney
general as to form prior to filing. The amount of the bond may not be less than twenty thousand
dollars. Any person who operates a livestock auction agency in violation of this section is guilty
of a Class 1 misdemeanor.
Section
3.
That chapter
40-15
be amended by adding thereto a NEW SECTION to read as
follows:
If a livestock auction agency's license is relinquished, revoked, or suspended by the Animal
Industry Board, subject to applicable federal law, the Animal Industry Board may assume control
of any account and funds described in
§
40-15-31, including collection of any deposit items,
identification and processing of claims to the funds, and payment of valid claims from the
available funds.
Section
4.
That
§
40-15-36
be amended to read as follows:
40-15-36.
The Animal Industry Board shall enforce the provisions of this chapter and may
promulgate rules pursuant to chapter 1-26 concerning:
(1)
The licensure of livestock auction agencies;
(2)
The requirements for facilities;
(3)
The handling of any animal found to be affected with any infectious, contagious, or
transmissible disease;
(4)
The requirements for inspecting, examining, and testing of livestock passing through
a livestock auction agency;
and
(5)
The reporting and record keeping requirements for livestock auction agencies
; and
(6) Procedures for the consideration, processing, and payment of claims from bond
proceeds and, if a livestock auction agency's license is relinquished, revoked or
suspended, procedures for the collection of deposit items, processing of claims to the
funds, and payment of valid claims in accordance with sections 2 and 3 of this Act
.
Such rules shall be sent to each licensed auction agency, there to be posted by such agency
plainly, visibly, and conspicuously, and with the license on the premises so as to be available to
any person using the service of such agency.
Section
5.
That subdivision (3) of
§
40-15A-1
be amended to read as follows:
(3)
"Livestock," cattle, sheep, horses, mules, swine
, buffalo,
and goats;
Section
6.
That
§
40-15A-5
be amended to read as follows:
40-15A-5.
Every livestock dealer, packer or packer buyer applying for a license under this
chapter shall file with the animal industry board and maintain a fully executed duplicate of a valid
and effective bond in the form and amount to be determined by the board
, or if he
. If the
livestock dealer, packer, or packer buyer
is registered and bonded under the provisions of an act
of Congress cited as the "Packers and Stockyards Act, 1921," adopted August 15, 1921, as
amended
to January 1, 2002,
and codified at 7 U.S.C. Chapter 9,
the livestock dealer, packer,
or packer buyer
shall file a statement in the form prescribed by the board evidencing that
he
the
livestock dealer, packer, or packer buyer
is maintaining a valid and effective bond or its
equivalent under said act. If a packer buyer is in full-time employ of a packer bonded under this
section,
such
the
packer buyer need not be bonded.
The bond shall be for the benefit of all
persons sustaining a loss which may be covered by the obligation of the bond. The obligee of the
bond shall be the board with the executive secretary of the board as trustee, with full power and
authority to consider claims and pay valid claims from bond proceeds subject to applicable
federal law. The Animal Industry Board may promulgate rules, pursuant to chapter 1-26, to
establish procedures for the consideration, processing, and payment of claims from bond
proceeds in accordance with this section.
