require statewide livestock ownership inspection.

26.683.23 101st Legislative Session 1267

2026 South Dakota Legislature
House Bill 1267

Introduced by: Representative Hunt

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An Act to require statewide livestock ownership inspection. 1
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 2
Section 1. That § 40-18-2 be AMENDED: 3
40-18-2. At least three of the five members of the board shall must be persons 4
who derive the major portion of their income from the livestock business and who are 5
owners of brands duly recorded with the board. At least three of the five members of the 6
board shall reside in the livestock ownership inspection areas. No appointed member may 7
act as a member of the board while holding an elective or appointive state or federal office. 8
No more than three of the members shall may be of any one political party. 9
Section 2. That § 40-18-15 be AMENDED: 10
40-18-15. The board may inspect all livestock moved within the South Dakota 11
livestock ownership inspection area and all livestock leaving the South Dakota livestock 12
ownership inspection area this state and all livestock leaving this state for the purpose of 13
determining the proper ownership and brands, if any, of such the livestock, and shall have 14
general charge, supervision, and custody of all instruments, records, and files in 15
connection with such these ownership inspection activities. 16
Section 3. That § 40-18-16 be AMENDED: 17
40-18-16. The board may promulgate rules, pursuant to chapter 1-26, to: 18
(1) Describe prohibited brand symbols for various types of livestock and identify 19
locations on animals where a brand is permitted; 20
(2) Provide for the registration, transfer, and renewal of livestock brands; 21
(3) Establish a brand registration fee not to exceed fifty dollars; 22
(4) Establish a brand renewal fee not to exceed eighteen dollars per year or a brand 23
renewal fee not to exceed ninety dollars for each five-year ownership period and; 24
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(5) Establish a brand transfer fee not to exceed fifty dollars; 1
(5)(6) Establish an ownership inspection fee not to exceed one dollar for each head of 2
livestock; 3
(6)(7) Establish recordable livestock brands; 4
(7)(8) Establish law enforcement, ownership inspection, and transportation 5
requirementswithin or without the ownership inspection area; 6
(8)(9) Establish a duplicate certificate fee not to exceed twenty dollars; 7
(9)(10) Establish a mileage fee for inspectors not to exceed the rate set pursuant to 8
§ 3-9-1; and 9
(10) Establish an inspection fee for livestock located outside the ownership inspection 10
area not to exceed one dollar for each head of livestock; and 11
(11) Establish a brand registration application fee not to exceed fifty dollars. 12
Section 4. That § 40-18-17 be AMENDED: 13
40-18-17. The Brand Board board shall provide for the registration of livestock 14
brands, for the inspection of livestock for ownership identification purposes, and for the 15
enforcement of laws pertaining to the inspection, sale, branding, ownership, 16
transportation, and theft of livestock within the ownership inspection area and the this 17
state. 18
The board shall conduct outreach and education activities to counties not 19
previously included under inspection requirements before the transition to mandatory 20
statewide inspection on July 1, 2029. 21
Section 5. That § 40-19-10.1 be AMENDED: 22
40-19-10.1. No person may bring cattle branded with a brand registered in 23
another state into the ownership inspection area this state for grazing or feeding purposes 24
without a permit authorized by the board. If the brand is a duplicate of or conflicts with a 25
brand issued pursuant to this chapter, a permit may only be issued at the discretion of 26
the board. No permit is required if the cattle are rebranded with a brand registered 27
pursuant to this chapter. The application for a permit shall must be on a form approved 28
by the board and shall be signed by the owner of the cattle. Any calves born to cattle 29
which that are subject to the permit may be branded with the out -of-state brand upon 30
prior written notice to the board. The calves shall must be added to the permit. No cattle 31
or calves subject to the permit may be removed from the ownership inspection area this 32
state, sold, or slaughtered without an ownership inspection. 33
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No person may brand any cattle imported into or purchased within the ownership 1
inspection area this state for feeding purposes with a brand registered in another state 2
without a permit authorized by the board. No permit may be issued if the brand is a 3
duplicate of or conflicts with a brand issued pursuant to this chapter. The application for 4
a permit shall must be signed by the owner of the cattle. No cattle subject to the permit 5
may be removed from the ownership inspection area this state , sold, or slaughtered 6
without an ownership inspection. 7
Cattle purchased at a licensed livestock auction market in the ownership inspection 8
area this state may be branded with the owner's out -of-state brand if the cattle are 9
branded at the market, are purchased for export from the this state within two calendar 10
days of purchase, and an authorization form is obtained from the board prior to branding 11
the cattle. 12
A violation of this section is a Class 1 misdemeanor. 13
Section 6. That § 40-20-4 be AMENDED: 14
40-20-4. Except as otherwise provided in this chapter, it is a Class 2 misdemeanor 15
to remove or authorize the removal of livestock from any point within the livestock 16
ownership inspection area, to any point within one mile of the border with a destination 17
outside the ownership inspection area this state, unless the livestock have been inspected 18
for ownership and the shipper possesses the local ownership inspection certificate, market 19
clearance, shipper's permit, or other form of authorization required by the board. 20
Except as otherwise provided in § 40-20-29, a local ownership inspection certificate 21
is valid for the transportation of livestock, other than horses, out of the livestock ownership 22
inspection area this state for twenty-four hours after the time of the inspection, as noted 23
on the inspection certificate. In the case of horses, the certificate is valid for thirty days 24
after the date of the inspection, as noted on the certificate. 25
If there is no valid local ownership inspection certificate, the livestock must be 26
inspected before leaving the ownership inspection area this state. 27
Livestock being removed from the ownership inspection area this state, without 28
authorization from the board, may be impounded by any law enforcement officer, until 29
the livestock are inspected for ownership by an inspector. 30
The venue for the prosecution of any offense under this section is the county where 31
the livestock were loaded, or any county through which the livestock were transported or 32
trailed. 33
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Any livestock being transported to a destination outside the ownership inspection 1
area this state must be inspected for ownership if they cease to be in the custody of the 2
carrier at any time prior to leaving the ownership inspection area this state. 3
Any livestock shipper within the livestock ownership inspection area this state 4
wanting livestock inspected, as provided in this section, shall notify an inspector in 5
advance of the inspection and allow the inspector reasonable time to provide the 6
inspection. 7
Section 7. That § 40-20-4.1 be AMENDED: 8
40-20-4.1. Notwithstanding the provisions of § 40-20-4, an owner of any livestock 9
who wishes to move the livestock out of the ownership inspection area this state for any 10
purpose other than sale or trade of the livestock may obtain a written permit from the 11
board for movement of the livestock. The written permit shall remain is in effect for the 12
life of the livestock described, or for a specific term, and it is void if the livestock changes 13
ownership. The fee for the permit shall must be established by rules promulgated pursuant 14
to chapter 1-26. The permit fee includes the costs of any inspection and the fee imposed 15
under the provisions of § 40-18-16. A permit for the transportation of horses and mules 16
may be authorized by the board pursuant to § 40-18-16. 17
Section 8. That § 40-20-5 be AMENDED: 18
40-20-5. If the border of the livestock ownership inspection area of South Dakota 19
this state divides any ranch or farm, written permission may be given by the board to the 20
owner or lessee of the ranch or farm to trail livestock out of the South Dakota inspection 21
area this state for grazing purposes without inspection. The border of the South Dakota 22
inspection area shall be contiguous to an inspection area of an adjacent state. The board 23
may cancel such permission at any time subject to the provisions of chapter 1-26. 24
Section 9. That § 40-20-18 be AMENDED: 25
40-20-18. Any person in charge or control of any motor vehicle transporting 26
livestock from any point within the livestock ownership inspection area shall this state 27
must, upon demand of any state law enforcement officer, exhibit to the officer 28
authorization as required pursuant to § 40-20-4. It is a Class 2 misdemeanor for any 29
person not to be in possession of such any authorization if required by the provisions of 30
this section. 31
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Section 10. That § 40-20-26 be AMENDED: 1
40-20-26. It is a Class 1 misdemeanor for any licensed livestock auction market 2
in the livestock ownership inspection area this state to allow any livestock, brought into 3
the yards of the market for the purpose of sale, to leave the yards until first without being 4
inspected for ownership. However, if If a shipment of livestock arrives at any auction 5
market in the ownership inspection area after daylight hours, facilities shall must be made 6
available to yard such livestock separate and apart that shipment of livestock separately 7
from any other livestock. The auction market may sell such livestock from that shipment 8
that night, but livestock so sold shall any of the livestock sold must be returned to the 9
separate yard facilities, and may not be removed therefrom until an ownership inspection 10
has been made. The livestock ownership inspector may , in his discretion, reinspect the 11
livestock before they leave the yards of the auction market. 12
Section 11. That § 40-20-26.1 be AMENDED: 13
40-20-26.1. It is a Class 2 misdemeanor for any person to sell or to transfer 14
ownership of any livestock within the livestock ownership inspection area this state without 15
first obtaining an ownership inspection, except as provided in § 40-20-26 §§ 40-20-26 16
and 40-20-26.2. 17
Section 12. That § 40-20-26.2 be AMENDED: 18
40-20-26.2. Notwithstanding § 40-20-26.1, ownership of livestock with the 19
seller's South Dakota recorded and healed brand or the owner's unbranded livestock may 20
be transferred by means of an authorized bill of sale, without a brand inspection. The bill 21
of sale must be on a form prescribed by the board. A copy of the bill of sale must be 22
forwarded to the board. 23
An authorized bill of sale is not a substitute for the inspection of livestock being 24
removed from the ownership inspection area of this state. 25
An authorized bill of sale may not be used to transfer ownership of more than five 26
head of livestock to any one buyer. Multiple authorized bills of sale may not be executed 27
to subdivide numbers of livestock greater than five to any one buyer. 28
A violation of this section is a Class 2 misdemeanor. 29
Section 13. That § 40-20-29 be AMENDED: 30
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40-20-29. It is a Class 1 misdemeanor for any person to slaughter or process 1
livestock commercially within the livestock ownership inspection area until this state 2
unless the livestock have received an ownership inspection and the certificate of such the 3
inspection is filed and is made a part of that person's permanent records, or unless the 4
person has the hide of each slaughtered carcass available for inspection. An ownership 5
brand inspection certificate on livestock is valid for no longer than four days from the date 6
of issue. Livestock arriving at a slaughter destination later than four days from the date 7
indicated on the inspection certificate shall must be inspected and the fee collected. All 8
certificates of ownership inspection shall, at any time must, upon demand, be displayed 9
to any state law enforcement officer or to the board. 10
Section 14. That § 40-20-32 be AMENDED: 11
40-20-32. Any person who operates a drylot cattle feeding operation, within the 12
confines of permanently fenced lots and within the ownership inspection area, may apply 13
to the board for designation as a registered feedlot. The board shall prescribe a form for 14
this purpose. Upon receipt of an application and within thirty days, the board may grant 15
a permit if the following requirements are satisfied: 16
(1) The operator's feedlot is a permanently fenced drylot; 17
(2) The operator commonly practices feeding cattle to finish for slaughter; and 18
(3) The operator brands all cattle carrying mixed brands, held under common 19
ownership, with a registered brand or a feedlot assigned feedlot-assigned brand 20
approved by the board. 21
Section 15. That § 40-20-37 be AMENDED: 22
40-20-37. It is a Class 1 misdemeanor for any buyer of livestock at a licensed 23
livestock auction market in the ownership inspection area , or any person on the buyer's 24
behalf, to remove any livestock from the market until the livestock have been inspected 25
for ownership as provided in § 40-20-26. 26
Section 16. That § 40-20-39 be AMENDED: 27
40-20-39. Livestock that is removed from the ownership inspection area this state 28
in violation of this chapter may be inspected at any place outside the inspection area 29
location and the fee collected for the inspection. The inspection does not exempt any 30
person from prosecution for violation of the inspection laws. 31
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Section 17. That § 40-21-10 be AMENDED: 1
40-21-10. If any livestock, inspected under the provisions of this chapter or 2
chapter 40-20 bears an unrecorded brand, or a recorded brand other than the brand of 3
the person selling the livestock or transporting the livestock out of the ownership 4
inspection area this state, and does not bear the recorded brand of such the person, then 5
the person selling or transporting the livestock shall be required to establish ownership to 6
the livestock, by presenting to the livestock ownership inspector a witnessed bill of sale 7
to the animal or by other satisfactory evidence of ownership which may include an affidavit 8
of ownership signed by the person selling or transporting the livestock and witnessed by 9
the ownership inspector. If any livestock listed on the original bill of sale or affidavit of 10
ownership are not sold or transported out of the ownership inspection area this state, the 11
inspector shall must pick up the ownership documents and issue a receipt showing the 12
number of livestock sold or transported and the number remaining. If any livestock are 13
unbranded, the inspector may must require the shipper or seller to establish ownership 14
by presenting to the inspector an affidavit of ownership. Only an original bill of sale or 15
affidavit of ownership is valid for proof of ownership. Any bill of sale or affidavit shall must 16
be notarized or signed by two witnesses. 17
Section 18. That § 40-21-11 be AMENDED: 18
40-21-11. If any livestock inspected under the provisions of this chapter or 19
chapter 40-20 bears the recorded brand of the seller or the person transporting the 20
livestock out of the ownership inspection area this state, and also bears a recorded brand 21
of another person, then the seller or the person transporting the livestock out of the 22
ownership inspection area this state may be required, at the discretion of the livestock 23
ownership inspector, to establish ownership to the livestock by presenting to the 24
ownership inspector satisfactory evidence of ownership. 25
Section 19. That § 40-21-12.1 be AMENDED: 26
40-21-12.1. If the person transporting livestock out of the ownership inspection 27
area this state, as described in § 40-21-10 or 40-21-11, fails to establish ownership of 28
any livestock, the board may hold the livestock. If a hold has been placed on the livestock, 29
it is a Class 1 misdemeanor for the person to remove the livestock from the ownership 30
inspection area this state or sell the livestock before the board has cleared the hold for 31
release. Any livestock hold continuing beyond sixty days shall must be forwarded by the 32
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inspector to the board for review and final disposition, which may include clarification, 1
settlement, or payment related to proper ownership. 2
Section 20. That § 40-22-12 be AMENDED: 3
40-22-12. Any person slaughtering or processing livestock outside the ownership 4
inspection area shall must, upon demand of any state law enforcement officer, provide 5
names and dates of persons who delivered livestock for slaughter that may have 6
originated from within the ownership inspection area. 7
Section 21. That § 40-20-1 be REPEALED. 8
The South Dakota livestock ownership inspection area consists of all of that part of 9
the State of South Dakota lying within the following counties: Harding, Butte, Lawrence, 10
Pennington, Custer, Fall River, Perkins, Meade, Oglala Lakota, Corson, Dewey, Ziebach, 11
Haakon, Stanley, Jackson, Jones, Mellette, Bennett, Todd, Lyman, Tripp, and Gregory. 12
Section 22. That § 40-20-2 be REPEALED. 13
Any county contiguous to the livestock ownership inspection area may become a 14
part of such area upon a petition signed by a majority of the owners of livestock residing 15
within such county to be attached, which shall be presented to the board. The board shall, 16
in its discretion, either reject or approve such petition at its next regular or special 17
meeting. No area in the brand inspection area may be smaller than a county. 18
Section 23. That § 40-20-3 be REPEALED. 19
Any county which has become a part of the livestock inspection area by petition 20
and which adjoins a noninspection area may withdraw from the inspection area by a 21
petition requesting withdrawal. The petition shall be signed by a majority of the owners 22
of livestock in the county seeking withdrawal. The petition shall be filed with the board. 23
The board shall at its next regular or special meeting enter a resolution approving the 24
withdrawal, which action removes the county described in the petition from the ownership 25
inspection area. No area seeking withdrawal may be smaller than a county. 26
Section 24. That § 40-20-6 be REPEALED. 27
Subject to the conditions set forth in §§ 40-20-7 to 40-20-12, inclusive, if livestock 28
is transported or trailed to a designated inspection point outside the livestock ownership 29
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inspection area designated by the board as an open market, no livestock ownership 1
inspection is required at point of origin. 2
Section 25. That § 40-20-7 be REPEALED. 3
In lieu of an ownership inspection, any person who intends to remove livestock 4
from the livestock ownership inspection area for the purpose of sale or slaughter may 5
obtain a shipper's permit from the board or its authorized agent for the transportation of 6
livestock to a previously designated open market or slaughter plant pursuant to § 40-18-7
16. The permit may be obtained forty -eight hours in advance of shipment from an 8
authorized agent of the board. 9
Section 26. That § 40-20-7.1 be REPEALED. 10
A market clearance is valid for transporting livestock out of the ownership 11
inspection area only if the transportation originates at the market where the livestock 12
were inspected. If the livestock are unloaded or held at any other location other than the 13
market of origin, they shall be reinspected for ownership immediately prior to further 14
transportation. 15
Section 27. That § 40-20-10 be REPEALED. 16
If authorization is required, it is a Class 2 misdemeanor for a carrier or owner to 17
transport livestock from the livestock ownership inspection area or to within a mile of the 18
border with a destination outside the livestock ownership inspection area unless the carrier 19
or owner is in possession of authorization by the board. 20
Section 28. That § 40-20-10.1 be REPEALED. 21
If livestock have been shipped to an open market and no authorization for the 22
transportation of such livestock has been obtained, the proceeds of the sale of such 23
livestock shall be held in trust by the operators of the open market until the board 24
authorizes the release of the proceeds. 25
Section 29. That § 40-20-12 be REPEALED. 26
If livestock shipped from the livestock ownership inspection area are consigned to 27
an open market, as described in § 40-20-6, it is a Class 2 misdemeanor for any person to 28
change the consignment to a point other than a livestock market previously designated 29
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by the board as an open market, unless the livestock receive a livestock ownership 1
inspection and the carrier receives a certificate or clearance from the board showing that 2
all the livestock belong to the shipper. 3
Section 30. That § 40-21-5 be REPEALED. 4
To facilitate the inspection of livestock and the enforcement of chapters 40-18 to 5
40-22, inclusive, any livestock market, slaughter facility, or inspection point, whether 6
within or without the State of South Dakota, that meets the criteria established by the 7
board may be designated by the board as an open market. The board shall establish 8
criteria for designating an open market and for revoking open market status by rules 9
promulgated pursuant to chapter 1-26. Criteria may include distance from the livestock 10
ownership inspection area, the number of head inspected annually, compliance by the 11
market with ownership inspection laws, adequacy of the facilities, economic feasibility, 12
and compliance with the open market agreement. Any livestock market, slaughter facility, 13
or inspection point designated as an open market by the board shall enter into an open 14
market agreement with the board on such terms and conditions as may be necessary for 15
proper brand inspection in accordance with the brand inspection laws and regulations of 16
this state and of the state in which the livestock market, slaughter facility, or inspection 17
point is located. 18
Section 31. This Act is effective beginning July 1, 2029. 19