CHAPTER 40-20
LIVESTOCK OWNERSHIP INSPECTION AREA
40-20-1 Counties included in inspection area.
40-20-2 Petition for addition of county contiguous to ownership inspection area--Discretion of board--Minimum area added.
40-20-3 Withdrawal of county from inspection area by petition--Minimum area withdrawing.
40-20-4 Inspection and certificate required for removal of livestock from ownership inspection area--Violation as misdemeanor--Impoundment--Venue.
40-20-4.1 Permit to move livestock from area--Duration of permit--Fee--Permit to transport horses and mules.
40-20-4.2 Inspection of livestock while in or on conveyance--Penalty.
40-20-4.3 Inspector prohibited from inspecting own livestock--Violation as misdemeanor.
40-20-4.4 Rodeo livestock--Alternative brand inspection procedures.
40-20-5 Livestock ownership inspection area dividing ranch--Movement of livestock without inspection.
40-20-6 Ownership inspection not required for transportation or trailing to open market.
40-20-7 Authorization for transportation to open market or slaughter plant.
40-20-7.1 Reinspection required of livestock unloaded anywhere other than market of origin.
40-20-8 40-20-8, 40-20-9. Repealed by SL 1988, ch 328, §§ 51, 52
40-20-10 Transportation of livestock without required authorization--Penalty.
40-20-10.1 Proceeds of sale held in trust pending authorization.
40-20-11 40-20-11. Repealed by SL 1988, ch 328, § 55
40-20-12 Diversion of livestock--Inspection required--Penalty.
40-20-13 40-20-13. Repealed by SL 1999, ch 206, § 5
40-20-14 40-20-14. Repealed by SL 1984, ch 269, § 17
40-20-15 40-20-15. Repealed by SL 1999, ch 206, § 6
40-20-16 40-20-16. Repealed by SL 1988, ch 328, § 59
40-20-17 40-20-17. Repealed by SL 1984, ch 269, § 18
40-20-18 Exhibition of authorization on demand of law enforcement officer--Failure to possess authorization as misdemeanor.
40-20-19 40-20-19 to 40-20-23. Repealed by SL 1984, ch 269, §§ 19 to 23
40-20-24 Law enforcement officer stopping vehicle for inspection--Unloading of livestock.
40-20-25 Law enforcement officer not liable for damages in stopping vehicle.
40-20-26 Licensed auction markets in inspection area to require ownership inspection of livestock--Neglect as misdemeanor--Discretionary reinspection.
40-20-26.1 Sale or transfer of ownership--Required inspection--Penalty.
40-20-26.2 Transfer of ownership--Authorized bill of sale--Limitations--Penalty.
40-20-26.3 Promulgation of rules exempting certain persons from § 40-20-26.1.
40-20-27 Livestock ownership inspection certificate issued to buyer.
40-20-28 Fee for inspection services--Determination of rate--When collected.
40-20-29 Inspection and certificate required for slaughter or processing of livestock commercially within inspection area--Misdemeanor--Out-of-state certificate--Exhibition on demand.
40-20-30 Injunction to restrain violation of this chapter or chapter 40-21.
40-20-31 40-20-31. Repealed by SL 1991, ch 186, § 19
40-20-32 Feedlot operation in inspection area--Designation as registered feedlot--Application--Requirements.
40-20-33 Rules for suspension or revocation of feedlot permit--Inspection of cattle--Renewal of permit.
40-20-34 Inspection of cattle shipped from feedlot--Fee.
40-20-35 Permit for shipment of cattle from feedlot for slaughter--Inspection of cattle without forms--Fees.
40-20-36 Inspection of feedlot, cattle, records, and inspection certificates.
40-20-37 Removal of livestock before ownership inspection prohibited--Violation as misdemeanor.
40-20-38 Grounds for refusal to inspect.
40-20-39 Inspection of livestock removed from inspection area--Fee.
40-20-40 Mileage fee for travel to inspection.
40-20-1. Counties included in inspection area.
The South Dakota livestock ownership inspection area consists of all of that part of the State of South Dakota lying within the following counties: Harding, Butte, Lawrence, Pennington, Custer, Fall River, Perkins, Meade, Oglala Lakota, Corson, Dewey, Ziebach, Haakon, Stanley, Jackson, Jones, Mellette, Bennett, Todd, Lyman, Tripp, and Gregory.
Source: SL 1943, ch 142, § 3; SDC Supp 1960, § 40.12A01; SL 1967, ch 162; SL 1982, ch 284, § 1; SL 2015, ch 56 (HJR 1005), eff. May 1, 2015.
40-20-2. Petition for addition of county contiguous to ownership inspection area--Discretion of board--Minimum area added.
Any county contiguous to the livestock ownership inspection area may become a part of such area upon a petition signed by a majority of the owners of livestock residing within such county to be attached, which shall be presented to the board. The board shall, in its discretion, either reject or approve such petition at its next regular or special meeting. No area in the brand inspection area may be smaller than a county.
Source: SL 1943, ch 142, § 3; SDC Supp 1960, § 40.12A01; SL 1963, ch 239, § 2; SL 1967, ch 162; SL 1988, ch 328, § 43.
40-20-3. Withdrawal of county from inspection area by petition--Minimum area withdrawing.
Any county which has become a part of the livestock inspection area by petition and which adjoins a noninspection area may withdraw from the inspection area by a petition requesting withdrawal. The petition shall be signed by a majority of the owners of livestock in the county seeking withdrawal. The petition shall be filed with the board. The board shall at its next regular or special meeting enter a resolution approving the withdrawal, which action removes the county described in the petition from the ownership inspection area. No area seeking withdrawal may be smaller than a county.
Source: SDC Supp 1960, § 40.12A01 as added by SL 1961, ch 202; SL 1963, ch 239, § 1; SL 1984, ch 269, § 11; SL 1988, ch 328, § 44.
40-20-4. Inspection and certificate required for removal of livestock from ownership inspection area--Violation as misdemeanor--Impoundment--Venue.
Except as otherwise provided in this chapter, it is a Class 2 misdemeanor to remove or authorize the removal of livestock from any point within the livestock ownership inspection area, to any point within one mile of the border with a destination outside the ownership inspection area, unless the livestock have been inspected for ownership and the shipper possesses the local ownership inspection certificate, market clearance, shipper's permit, or other form of authorization required by the board.
Except as otherwise provided in § 40-20-29, a local ownership inspection certificate is valid for the transportation of livestock, other than horses, out of the livestock ownership inspection area for twenty-four hours after the time of the inspection, as noted on the inspection certificate. In the case of horses, the certificate is valid for thirty days after the date of the inspection, as noted on the certificate.
If there is no valid local ownership inspection certificate, the livestock must be inspected before leaving the ownership inspection area.
Livestock being removed from the ownership inspection area, without authorization from the board, may be impounded by any law enforcement officer, until the livestock are inspected for ownership by an inspector.
The venue for the prosecution of any offense under this section is the county where the livestock were loaded, or any county through which the livestock were transported or trailed.
Any livestock being transported to a destination outside the ownership inspection area must be inspected for ownership if they cease to be in the custody of the carrier at any time prior to leaving the ownership inspection area.
Any livestock shipper within the livestock ownership inspection area wanting livestock inspected, as provided in this section, shall notify an inspector in advance of the inspection and allow the inspector reasonable time to provide the inspection.
Source: SL 1943, ch 142, § 8; SL 1945, ch 172, § 2; SL 1949, ch 144, § 2; SDC Supp 1960, § 40.12A03; SL 1967, ch 163; SL 1972, ch 219, § 1; SL 1977, ch 190, § 508; SL 1984, ch 269, § 12; SL 1986, ch 342, § 1; SL 1988, ch 328, § 45; SL 1991, ch 335, § 1; SL 1992, ch 288, § 8; SL 2008, ch 213, § 1; SL 2012, ch 200, § 1; SL 2015, ch 208, § 1; SL 2024, ch 170, § 1.
40-20-4.1. Permit to move livestock from area--Duration of permit--Fee--Permit to transport horses and mules.
Notwithstanding the provisions of § 40-20-4, an owner of any livestock who wishes to move the livestock out of the ownership inspection area for any purpose other than sale or trade of the livestock may obtain a written permit from the board for movement of the livestock. The written permit shall remain in effect for the life of the livestock described, or for a specific term, and it is void if the livestock changes ownership. The fee for the permit shall be established by rules promulgated pursuant to chapter 1-26. The permit fee includes the costs of any inspection and the fee imposed under the provisions of § 40-18-16. A permit for the transportation of horses and mules may be authorized by the board pursuant to § 40-18-16.
Source: SDCL, § 40-20-4 as added by SL 1972, ch 219, § 1; SL 1985, ch 319, § 1; SL 1988, ch 328, § 46.
40-20-4.2. Inspection of livestock while in or on conveyance--Penalty.
It is a Class 1 misdemeanor to inspect six or more head of livestock while the livestock are in or on any conveyance.
An inspector may, at any time, require the removal of one or more head of livestock from a conveyance, for purposes of inspection.
The inspector shall tally the livestock according to the number of head, sex, and brands.
Source: SL 1987, ch 297, § 1; SL 1991, ch 186, § 17; SL 2024, ch 170, § 2.
40-20-4.3. Inspector prohibited from inspecting own livestock--Violation as misdemeanor.
It is a Class 1 misdemeanor for an inspector to inspect livestock or issue shipper's agreements for livestock owned by himself.
Source: SL 1987, ch 297, § 2; SL 1988, ch 328, § 47; SL 1991, ch 186, § 18.
40-20-4.4. Rodeo livestock--Alternative brand inspection procedures.
If livestock owned by and bearing the registered brand of a bona fide rodeo producer are being transported out of the livestock ownership inspection area by the owner for rodeo purposes and there is no change of ownership, the inspection certificate required by § 40-20-4 may be endorsed, as to the purpose and extent of transportation, by the inspector issuing the certificate in order to serve as a travel permit for the livestock described in the certificate. The endorsement is effective for twelve months from the date of the endorsement. The endorsement shall be issued by an authorized livestock inspector of the Brand Board. The Brand Board shall promulgate rules pursuant to chapter 1-26 to specify criteria to be used to identify and verify ownership of the livestock. The rules shall include a requirement that other means of permanent, individual identification of the livestock, including tattoos, number brands, or photographs, be provided in addition to the registered brand. The rules shall also establish an annual fee for issuance of the endorsement authorized in this section and provide for collection of the fee. The fee may not exceed one hundred dollars per year.
Source: SL 2013, ch 203, § 1; SL 2015, ch 209, § 1, eff. Mar. 10, 2015.
40-20-5. Livestock ownership inspection area dividing ranch--Movement of livestock without inspection.
If the border of the livestock ownership inspection area of South Dakota divides any ranch or farm, written permission may be given by the board to the owner or lessee of the ranch or farm to trail livestock out of the South Dakota inspection area for grazing purposes without inspection. The border of the South Dakota inspection area shall be contiguous to an inspection area of an adjacent state. The board may cancel such permission at any time subject to the provisions of chapter 1-26.
Source: SL 1943, ch 142, § 8; SL 1945, ch 172, § 2; SL 1949, ch 144, § 2; SDC Supp 1960, § 40.12A03; SL 1967, ch 163; SL 1984, ch 269, § 13; SL 1988, ch 328, § 48.
40-20-6. Ownership inspection not required for transportation or trailing to open market.
Subject to the conditions set forth in §§ 40-20-7 to 40-20-12, inclusive, if livestock is transported or trailed to a designated inspection point outside the livestock ownership inspection area designated by the board as an open market, no livestock ownership inspection is required at point of origin.
Source: SL 1943, ch 142, § 9; SL 1949, ch 144, § 3; SL 1949, ch 149, § 1; SL 1951, ch 202; SDC Supp 1960, § 40.12A04; SL 1967, ch 164; SL 1988, ch 328, § 49.
40-20-7. Authorization for transportation to open market or slaughter plant.
In lieu of an ownership inspection, any person who intends to remove livestock from the livestock ownership inspection area for the purpose of sale or slaughter may obtain a shipper's permit from the board or its authorized agent for the transportation of livestock to a previously designated open market or slaughter plant pursuant to § 40-18-16. The permit may be obtained forty-eight hours in advance of shipment from an authorized agent of the board.
Source: SDC Supp 1960, § 40.12A04 (1) as added by SL 1967, ch 164; SL 1972, ch 219, § 2; SL 1984, ch 269, § 14; SL 1988, ch 328, § 50; SL 1992, ch 288, § 9.
40-20-7.1. Reinspection required of livestock unloaded anywhere other than market of origin.
A market clearance is valid for transporting livestock out of the ownership inspection area only if the transportation originates at the market where the livestock were inspected. If the livestock are unloaded or held at any other location other than the market of origin, they shall be reinspected for ownership immediately prior to further transportation.
Source: SL 1990, ch 328, § 1.
40-20-10. Transportation of livestock without required authorization--Penalty.
If authorization is required, it is a Class 2 misdemeanor for a carrier or owner to transport livestock from the livestock ownership inspection area or to within a mile of the border with a destination outside the livestock ownership inspection area unless the carrier or owner is in possession of authorization by the board.
Source: SDC Supp 1960, § 40.12A04 (1) as added by SL 1967, ch 164; SL 1977, ch 190, § 510; SL 1988, ch 328, § 53; SL 1991, ch 335, § 2; SL 2024, ch 170, § 3.
40-20-10.1. Proceeds of sale held in trust pending authorization.
If livestock have been shipped to an open market and no authorization for the transportation of such livestock has been obtained, the proceeds of the sale of such livestock shall be held in trust by the operators of the open market until the board authorizes the release of the proceeds.
Source: SDCL, § 40-20-7 as added by SL 1972, ch 219, § 2; SL 1988, ch 328, § 54.
40-20-12. Diversion of livestock--Inspection required--Penalty.
If livestock shipped from the livestock ownership inspection area are consigned to an open market, as described in § 40-20-6, it is a Class 2 misdemeanor for any person to change the consignment to a point other than a livestock market previously designated by the board as an open market, unless the livestock receive a livestock ownership inspection and the carrier receives a certificate or clearance from the board showing that all the livestock belong to the shipper.
Source: SL 1943, ch 142, § 9; SL 1949, ch 144, § 3; SL 1949, ch 149, § 1; SL 1951, ch 202; SDC Supp 1960, § 40.12A04; SL 1967, ch 164; SL 1977, ch 190, § 511; SL 1984, ch 269, § 15; SL 1988, ch 328, § 56; SL 1991, ch 335, § 3; SL 2024, ch 170, § 4.
40-20-18. Exhibition of authorization on demand of law enforcement officer--Failure to possess authorization as misdemeanor.
Any person in charge or control of any motor vehicle transporting livestock from any point within the livestock ownership inspection area shall, upon demand of any state law enforcement officer, exhibit to the officer authorization as required pursuant to § 40-20-4. It is a Class 2 misdemeanor for any person not to be in possession of such authorization if required by the provisions of this section.
Source: SL 1949, ch 149, § 1; SL 1951, ch 202; SL 1955, ch 139, § 2; SDC Supp 1960, § 40.12A04 (3); SL 1967, ch 164; SL 1986, ch 342, § 2; SL 1988, ch 328, § 60; SL 1999, ch 206, § 7.
40-20-24. Law enforcement officer stopping vehicle for inspection--Unloading of livestock.
Any law enforcement officer may require any person transporting livestock to stop any vehicle transporting such livestock for the purpose of examination and inspection of the shipper's permit, local ownership inspection certificates, livestock market clearances, bills of sale, brands, marks, or other means of identification. The law enforcement officer may demand any such person to unload such livestock at the nearest suitable location for further inspection and examination.
Source: SL 1955, ch 139, § 3; SDC Supp 1960, § 40.12A04 (4); SL 1967, ch 164; SL 1988, ch 328, § 61; SL 1999, ch 206, § 8.
40-20-25. Law enforcement officer not liable for damages in stopping vehicle.
Any law enforcement officer described in § 40-20-24 or surety on his official bond is not liable for any damages claimed to have been incurred by reason of any injury to such livestock, loss of time, shrinkage, or any other similar damage.
Source: SL 1955, ch 139, § 3; SDC Supp 1960, § 40.12A04 (5); SL 1967, ch 164; SL 1988, ch 328, § 62.
40-20-26. Licensed auction markets in inspection area to require ownership inspection of livestock--Neglect as misdemeanor--Discretionary reinspection.
It is a Class 1 misdemeanor for any licensed livestock auction market in the livestock ownership inspection area to allow any livestock brought into the yards of the market for purpose of sale to leave the yards until first inspected for ownership. However, if a shipment of livestock arrives at any auction market in the ownership inspection area after daylight hours, facilities shall be made available to yard such livestock separate and apart from any other livestock. The auction market may sell such livestock that night, but livestock so sold shall be returned to the separate yard facilities, and may not be removed therefrom until an ownership inspection has been made. The livestock ownership inspector may, in his discretion, reinspect the livestock before they leave the yards of the auction market.
Source: SL 1943, ch 142, § 12; SDC Supp 1960, § 40.12A07; SL 1967, ch 166; SL 1968, ch 156, § 1; SL 1977, ch 190, § 513; SL 1988, ch 328, § 63.
40-20-26.1. Sale or transfer of ownership--Required inspection--Penalty.
It is a Class 2 misdemeanor for any person to sell or to transfer ownership of any livestock within the livestock ownership inspection area without obtaining an ownership inspection, except as provided in § 40-20-26.
Source: SL 1972, ch 218; SL 1977, ch 190, § 514; SL 1980, ch 276; SL 1984, ch 269, § 24; SL 1991, ch 335, § 6; SL 1992, ch 288, § 10; SL 2024, ch 170, § 5.
40-20-26.2. Transfer of ownership--Authorized bill of sale--Limitations--Penalty.
Notwithstanding § 40-20-26.1, 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 must be on a form prescribed by the board. A copy of the bill of sale must be forwarded to the board.
An authorized bill of sale is not a substitute for the inspection of livestock being removed from the ownership inspection area of this state.
An authorized bill of sale may not be used to transfer ownership of more than five head of livestock to any one buyer. Multiple authorized bills of sale may not be executed to subdivide numbers of livestock greater than five to any one buyer.
A violation of this section is a Class 2 misdemeanor.
Source: SL 1985, ch 320; SL 1987, ch 297, § 5; SL 1988, ch 328, § 65; SL 1992, ch 288, § 11; SL 2002, ch 190, § 3; SL 2024, ch 170, § 6.
40-20-26.3. Promulgation of rules exempting certain persons from § 40-20-26.1.
The board may, by rules promulgated pursuant to chapter 1-26, exempt any person licensed pursuant to chapter 40-15A from the provisions of § 40-20-26.1.
Source: SL 1988, ch 328, § 64.
40-20-27. Livestock ownership inspection certificate issued to buyer.
The board shall issue a livestock ownership inspection certificate, in such form as the board may prescribe, to each livestock buyer showing such information as may be required by the board.
Source: SL 1943, ch 142, § 12; SDC Supp 1960, § 40.12A07; SL 1967, ch 166; SL 1968, ch 156, § 1; SL 1988, ch 328, § 66.
40-20-28. Fee for inspection services--Determination of rate--When collected.
The board may charge and collect a fee from any open market for services pertaining to the brand inspection of livestock as required by chapters 40-20 and 40-21. The amount of such fees shall be based upon the cost of providing ownership inspection at the market and shall be collected if the current inspection income does not cover the cost of brand inspection.
Source: SL 1943, ch 142, § 12; SDC Supp 1960, § 40.12A07; SL 1967, ch 166; SL 1968, ch 156, § 1; SL 1988, ch 328, § 67.
40-20-29. Inspection and certificate required for slaughter or processing of livestock commercially within inspection area--Misdemeanor--Out-of-state certificate--Exhibition on demand.
It is a Class 1 misdemeanor for any person to slaughter or process livestock commercially within the livestock ownership inspection area until the livestock have received an ownership inspection and the certificate of such 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.
Source: SL 1943, ch 142, § 15; SDC Supp 1960, § 40.12A09; SL 1967, ch 167; SL 1975, ch 261; SL 1977, ch 190, § 515; SL 1978, ch 285; SL 1987, ch 297, § 3; SL 1988, ch 328, § 68; SL 1991, ch 335, § 7; SL 2002, ch 190, § 4.
40-20-30. Injunction to restrain violation of this chapter or chapter 40-21.
The board may apply for an injunction in any court of competent jurisdiction to restrain any violation of this chapter or chapter 40-21.
Source: SDC Supp 1960, § 40.12A10 as enacted by SL 1968, ch 156, § 2; SL 1988, ch 328, § 69.
40-20-32. Feedlot operation in inspection area--Designation as registered feedlot--Application--Requirements.
Any person who operates a drylot cattle feeding operation, within the confines of permanently fenced lots and within the ownership inspection area may apply to the board for designation as a registered feedlot. The board shall prescribe a form for this purpose. Upon receipt of an application and within thirty days, the board may grant a permit if the following requirements are satisfied:
(1) The operator's feedlot is a permanently fenced drylot;
(2) The operator commonly practices feeding cattle to finish for slaughter; and
(3) The operator brands all cattle carrying mixed brands, held under common ownership, with a registered brand or a feedlot assigned brand approved by the board.
Source: SL 1984, ch 270, § 1; SL 1988, ch 328, § 70.
40-20-33. Rules for suspension or revocation of feedlot permit--Inspection of cattle--Renewal of permit.
The board may adopt rules for the suspension or revocation of the permit for violations of §§ 40-20-32 to 40-20-36, inclusive, pursuant to chapter 1-26. A registered feedlot is subject to inspection upon all cattle placed in the feedlot. The registered feedlot permit may be renewed annually.
Source: SL 1984, ch 270, § 2; SL 1988, ch 328, § 71.
40-20-34. Inspection of cattle shipped from feedlot--Fee.
Cattle sold or shipped from a registered feedlot for purposes other than direct slaughter shall be inspected for brands and the inspection fee shall be collected.
Source: SL 1984, ch 270, § 3; SL 1987, ch 297, § 4; SL 1988, ch 328, § 72.
40-20-35. Permit for shipment of cattle from feedlot for slaughter--Inspection of cattle without forms--Fees.
Cattle shipped from a registered feedlot for slaughter are not subject to brand inspection at origin or destination. However, prior to shipping such cattle, the feedlot operator shall obtain a permit from the board which shows the feedlot operator's name, owner of cattle, date the cattle are to be shipped, destination, agency receiving the cattle, number of head in the shipment, sex, and brands. The form shall be completed by the feedlot operator at the time of the shipment. One copy shall be sent with the shipment, one copy shall be sent to the board or the inspecting agency by the tenth day of the following month, and one copy shall be retained by the operator of the registered feedlot. If such forms fail to accompany a shipment of cattle, all such cattle are subject to an ownership inspection and inspection fees shall be charged, as defined in chapter 40-21.
Source: SL 1984, ch 270, § 4; SL 1988, ch 328, § 73.
40-20-36. Inspection of feedlot, cattle, records, and inspection certificates.
A registered feedlot is subject to inspection at any reasonable time at the discretion of the board, and the operator shall show all cattle, inventory records, and inspection certificates to cover all cattle in his feedlot.
Source: SL 1984, ch 270, § 5; SL 1988, ch 328, § 74.
40-20-37. Removal of livestock before ownership inspection prohibited--Violation as misdemeanor.
It is a Class 1 misdemeanor for any buyer of livestock at a licensed livestock auction market in the ownership inspection area, or any person on the buyer's behalf, to remove any livestock from the market until the livestock have been inspected for ownership as provided in § 40-20-26.
Source: SL 1991, ch 335, § 4.
40-20-38. Grounds for refusal to inspect.
A livestock inspector may refuse to inspect livestock for ownership purposes if, in the judgment of the inspector, the livestock are confined to an area not accessible for inspection or if insufficient light exists for inspection.
Source: SL 1992, ch 288, § 5.
40-20-39. Inspection of livestock removed from inspection area--Fee.
Livestock that is removed from the ownership inspection area in violation of this chapter may be inspected at any place outside the inspection area and the fee collected for the inspection. The inspection does not exempt any person from prosecution for violation of the inspection laws.
Source: SL 1992, ch 288, § 6.
40-20-40. Mileage fee for travel to inspection.
The board may charge a fee for actual mileage traveled to perform a local inspection or an inspection at an open market. The mileage fee shall be in addition to the inspection fee and may not exceed the rate set pursuant to § 3-9-1.
Source: SL 1993, ch 307, § 2; SL 2024, ch 20, § 18.