Title 40 — ANIMALS AND LIVESTOCK

The State Brand Board shall consist of five members appointed by the Governor and confirmed by the Senate. Statewide nonprofit agricultural organizations or other interested persons, may submit nominations to the Governor. Source: SDC 1939, § 40.1201; SL 1943, ch 142 , § 1; SL 19…

The board is attached to the Department of Agriculture and Natural Resources for reporting purposes. It shall retain all its prescribed functions including administrative functions. The board shall appoint a staff director to serve at its pleasure. Source: SL 1973, ch 2 , § 37; S…

Terms used in chapters 40-18 to 40-22 , inclusive, and 40-29 mean: (1) "Agency," any private or nonprofit corporation, or its employees, incorporated under state law, designated by the board as its authorized agent to carry out the functions contracted for by the board to inspect…

The board may enter into reciprocal agreements or contracts with an agency of any other state, which provides livestock ownership inspection. Source: SL 1943, ch 142 , § 5; SDC Supp 1960, § 40.1201-3; SL 1988, ch 328 , § 12.

Any person employed or contracted with by the board who collects or is the custodian of any funds, shall furnish a surety bond, the amount and conditions of which shall in each case be prescribed by the board. Source: SDC 1939, §§ 40.1201, 40.1203; SL 1943, ch 142 , § 1; SL 1949,…

The board shall adopt a seal which shall contain among other things the words: "South Dakota State Brand Board." Brand certificates and any other official certificates and documents of the board shall bear the seal of the board. Source: SDC 1939, § 40.1202; SL 1988, ch 328 , § 14…

The board shall administer chapters 40-18 to 40-22 , inclusive, chapter 40-29 and any rules promulgated pursuant thereto. Source: SDC 1939, §§ 40.1201, 40.1203; SL 1943, ch 142 , § 1; SL 1949, ch 144 , § 1; SL 1951, ch 198 ; SL 1988, ch 328 , § 15.

The board may employ four certified law enforcement officers for the purpose of enforcing the provisions of chapters 40-19 to 40-22 , inclusive, and chapter 40-29 . This section does not restrict the board from hiring inspectors, who are not law enforcement officers. Source: SL 1…

The board may inspect all livestock moved within the South Dakota livestock ownership inspection area and all livestock leaving the South Dakota livestock ownership inspection area for the purpose of determining the proper ownership and brands, if any, of such livestock and shall…

The Brand Board shall provide for the registration of livestock brands, for the inspection of livestock for ownership identification purposes, and for the enforcement of laws pertaining to the inspection, sale, branding, ownership, transportation, and theft of livestock within th…

The State Brand Board shall make an annual report to the Senate and House Committees on Agriculture and Natural Resources and to the Senate and House Government Operations and Audit Committees. The report shall describe and document the activities of the board for the previous ca…

If a resident of this state is arrested for a violation of any provision of chapters 40-19 to 40-22 , inclusive, or any provision of chapter 40-29 , punishable as a misdemeanor, the arresting officer shall take the name and address of the person and information relative to the vi…

At least three of the five members of the board shall be persons who derive the major portion of their income from the livestock business and who are owners of brands duly recorded with the board. At least three of the five members of the board shall reside in the livestock owner…

If requested, the board may inspect livestock in this state located outside the livestock ownership inspection area. Source: SL 2018, ch 247 , § 1.

The board may enter a memorandum of understanding, under the provisions of chapter 1-24 , with any federally recognized Indian tribe to cooperate in the investigation of livestock theft on, and adjacent to, tribal lands, provided the tribal government authorizes the memorandum. S…

Appointments to the board shall be made for terms of three years expiring on the first Monday in January in each year. In case of vacancy prior to expiration of a term, appointment shall be made for the balance of the unexpired term only. However, the initial appointments to be m…

40-18-6 Office of board. 40-18-7 President and vice president of board. 40-18-8 General duties of staff director--Call of meetings. 40-18-9 Employment of other persons by board--Compensation--Expenditures. 40-18-10 Designation of private or nonprofit corporation for provision of …

Three members of the board shall constitute a quorum for the transaction of business, but the affirmative vote of three members of the board is required to adopt any motion or resolution. Source: SDC 1939, § 40.1201 as added by SL 1943, ch 142 , § 1; SL 1949, ch 144 , § 1; SL 195…

The board shall maintain an office in Pierre. Source: SDC 1939, § 40.1201; SL 1943, ch 142 , § 1; SL 1949, ch 144 , § 1; SL 1951, ch 198 ; SL 1988, ch 328 , § 7.

The board shall elect from its members a president and vice president each year, who may vote on all matters before the board. Source: SL 1943, ch 142 , § 2; SDC Supp 1960, § 40.1201-1; SL 1988, ch 328 , § 8.

The staff director shall keep a record of all proceedings, transactions, communications, and official acts of the board, shall be custodian of all records of the board and shall perform such other duties as the board may require. The staff director shall call a meeting of the boa…

The board may, pursuant to chapter 3-6D , employ persons as the board deems necessary to properly carry out the provisions of chapters 40-18 to 40-22 , inclusive, and chapter 40-29 , under the supervision and control of the board. The board may fix the salaries and compensation o…