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State of South Dakota  
EIGHTY-FIRST SESSION
LEGISLATIVE ASSEMBLY,  2006
 

246M0108  
SENATE AGRICULTURE AND NATURAL RESOURCES COMMITTEE ENGROSSED   NO. HB 1006   -   01/31/2006  

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 out-of-state cattle brands and to establish a penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
     Section  1.  That chapter 40-19 be amended by adding thereto a NEW SECTION to read as follows:
     No person may bring cattle branded with a brand registered in another state into the ownership inspection area for grazing or feeding purposes without a permit authorized by the board. If the brand is a duplicate of or conflicts with a brand issued pursuant to this chapter, a permit may only be issued at the discretion of the board. No permit is required if the cattle are rebranded with a brand registered pursuant to this chapter. The application for a permit shall be on a form approved by the board and shall be signed by the owner of the cattle. Any calves born to cattle which are subject to the permit may be branded with the out-of-state brand upon prior written notice to the board. The calves shall be added to the permit. No cattle or calves subject to the permit may be removed from the ownership inspection area, sold, or slaughtered without an ownership inspection.
     No person may brand any cattle imported into or purchased within the ownership inspection area for feeding purposes with a brand registered in another state without a permit authorized by the board. No permit may be issued if the brand is a duplicate of or conflicts with a brand issued pursuant to this chapter. The application for a permit shall be signed by the owner of the cattle. No cattle subject to the permit may be removed from the ownership inspection area, sold, or slaughtered without an ownership inspection.
     A violation of this section is a Class 1 misdemeanor.
     Section  2.  That § 40-19-10 be repealed.
     40-19-10.   Any person before bringing into this state and turning loose for grazing purposes any livestock already branded, shall present to the board a statement of the brand on such livestock, and if in the judgment of the board, such brand is a duplicate of or in conflict with any previously registered brand, the board shall so notify the person bringing the livestock into this state. The board may require the owner of the livestock to rebrand the livestock with a nonconflicting brand prior to turning the livestock loose. A violation of this section is a Class 1 misdemeanor.