Title 40 — ANIMALS AND LIVESTOCK

The board may authorize and pay a reward not exceeding five thousand dollars to any person who provides information leading to the conviction of any person for the crime of stealing livestock which are branded with a brand registered with the board. Such rewards may be paid out o…

No rendering establishment licensed pursuant to chapter 40-17 need comply with the provisions of chapter 40-21 relating to the transport of hides or carcasses, if the carcasses are those of dead or diseased animals which are not intended for human consumption. Source: SL 1981, ch…

No person may transport cattle, horses, mules, sheep, or buffalo or the carcasses thereof on any public highway in this state or over any land of which he is not the owner or tenant, without the written permission of the owner of the cattle, horses, mules, sheep, and buffalo or c…

To facilitate the inspection of livestock and the enforcement of chapters 40-18 to 40-22 , inclusive, any livestock market, slaughter facility, or inspection point, whether within or without the State of South Dakota, that meets the criteria established by the board may be design…

All inspections provided for in this chapter or chapter 40-20 shall be made between sunrise and sunset. However, livestock may be inspected between sunset and sunrise if there is lighting sufficient to accomplish brand inspection. The board shall promulgate rules, pursuant to cha…

The board may collect a fee on all livestock inspected in accordance with the provisions of §

Any fees or other funds collected by an agency delegated by the State Brand Board under the provisions of § 40-18-10 shall be deposited in a separate bank account. The agency delegated by the board under § 40-18-10 shall prepare a monthly report of fees collected and expenses pro…

Except as provided by § 40-21-8 , all fees collected by the board shall be deposited in the state treasury in a fund to be known as the South Dakota livestock ownership inspection and theft prevention fund. The moneys in the fund shall be used by the board only in the administrat…

Any person slaughtering or processing livestock outside the ownership inspection area shall, upon demand of any law enforcement officer, provide names and dates of persons who delivered livestock for slaughter that may have originated from within the ownership inspection area. So…

Any person who intentionally falsifies any of the records required by this chapter is guilty of a Class 5 felony. Source: SL 1939, ch 151 , § 6; SL 1955, ch 140 , § 6; SDC Supp 1960, § 40.9930; SL 1977, ch 190 , § 521; SL 1991, ch 186 , § 23.

If ownership is claimed by a bill of sale, the inspector shall secure the original bill of sale, which shall be attached to the report submitted to the inspection agency. Source: SL 1939, ch 151 , § 3; SL 1951, ch 200 , § 1; SL 1951, ch 201 , § 1; SL 1955, ch 140 , § 3; SDC Supp …

A cooperative corporation organized for the purpose of aiding in the conservation of natural forage resources within a designated area to be jointly used by its members, and for aiding in the restoration and improvement of lands which may be acquired by lease or purchase from a p…

Each association incorporated under this chapter shall within thirty days after its incorporation, adopt, by majority vote of its members, for its government and management, a code of bylaws, not inconsistent with the powers granted under this chapter. Such bylaws may be altered …

Each association incorporated under this chapter may under its bylaws provide for any or all of the following: (1) The time, place, and manner of calling its meetings; (2) That in voting at meetings, no proxies shall be allowed; (3) The number of directors of the association, the…

Any person, partnership, limited liability company, association, corporation, or legally authorized agent of either thereof, owning or leasing forage producing land within or contiguous to the boundaries of the cooperative grazing district or proposed district may become a member…

Each member of a cooperative grazing district shall have but one vote. Voting by proxy shall not be allowed. Source: SDC 1939, § 40.1804.

When any member of a cooperative grazing district shall dispose of all or a part of the lands owned or leased by him so that another individual or other individuals shall by the purchase and ownership or lease of such lands acquire right to membership, then the rights and interes…

The directors shall have power to exercise the full corporate power as authorized in this chapter. Source: SDC 1939, § 40.1806 (1).

The directors may enter into leases on behalf of the association with persons, corporations, limited liability companies, partnerships, or with the county or counties in which the district is located or with the state or the federal government for tracts of land within, contiguou…

The directors shall have power to make regulations for the management and control of the affairs of the association and of the manner of utilization of grazing within their district not inconsistent with the terms, conditions, and limitations of leases of land contained therein. …

The directors shall have power to apportion grazing rights within their districts to members on a commensurate basis. Source: SDC 1939, § 40.1806 (3).

Cooperative grazing associations may cross - fence any part or all of the area and assign to each member a unit so fenced for his exclusive use, provided he follows the conservation practices outlined in the bylaws. Source: SDC 1939, § 40.1807.

Whenever three or more qualified persons shall desire to incorporate a cooperative grazing district, having for its object the utilization, conservation, restoration, and improvement of forage resources on their land or upon lands to be acquired by such association by purchase or…

The directors shall have power to grant to nonmembers grazing permits within such districts when the amount of forage within the district is greater than the need of the members, but no such permits shall be granted when such use shall be inconsistent with the terms of leases of …

The directors shall have power to determine grazing fees to be imposed on members or nonmembers on a per head basis for grazing rights or to determine assessments on members on a per head grazing basis for the purchase of lands situated within, contiguous to, or adjacent to such …

The directors shall have power to specify the breed, quality, and number of male breeding animals which each member must furnish when stock are grazed in a common pasture within the grazing district. The association may also prescribe the breed and quality of bulls that are to ru…

The directors shall have power to set up such reserves as in their judgment may be advisable, after all costs, expenses, rentals, and other legal charges against the association have been provided for. Source: SDC 1939, § 40.1806 (8).

Any incorporated grazing association may purchase or lease any and all lands owned by the county not already leased, and located within the proposed district. Source: SDC 1939, § 40.1808.

A lease pursuant to § 40-23-24 shall not be subject to the provisions of chapter 7-30 , and such lease may be for a period of not more than ten years, with the lands thus leased not subject to sale to other parties. The lease may contain a provision for the privilege of purchase …

No lease shall be entered into pursuant to § 40-23-24 until the board of county commissioners, in order to conserve and protect the existing forage resources of such county land and to restore the maximum carrying capacity of such land shall reserve the right to regulate and limi…

Rentals for county lands leased under § 40-23-24 shall be payable annually. The county commissioners may provide for a variable scale of rental charges, based on market prices for livestock, or livestock products, or the number and character of stock, or the carrying capacity of …

Failure to comply with regulations prescribed in a lease pursuant to § 40-23-24 relating to protection, administrations, or improvement of such grazing districts or to make payments of annual rentals within the time prescribed, shall be grounds for forfeiture and cancellation of …

The board of county commissioners may exchange county lands outside a grazing district for privately owned land of approximately equal value within a grazing district. Source: SDC 1939, § 40.1808.

The articles of incorporation of a cooperative grazing district shall be signed, sealed, and acknowledged in the form now provided by the statutes of this state for the conveyance of real estate, and shall include the following: (1) The name of the association; (2) The purpose fo…

Whenever any cooperative grazing district is dissolved by act of its board of directors or otherwise, then the rights and interests therein shall be distributed among the members in proportion to the amounts paid in by the various members as assessments, as nearly as the board of…

Cooperative grazing associations organized under this chapter shall, upon completion of organization and incorporation, file with the register of deeds in the county or counties in which any such lands lie, a map or plat clearly showing the boundaries of the district proposed to …

When any cooperative grazing districts shall have overlapping boundaries, their boundaries shall be determined by arbitration. Each district shall appoint an arbitrator, and such arbitrators shall appoint a third. The decision of any two of such three arbitrators shall be binding…

Each association organized under this chapter shall have the power to lease or acquire, by purchase or otherwise, lands for grazing purposes or for raising forage crops and to dispose of such lands purchased by trade, sale, or otherwise. Source: SDC 1939, § 40.1803 (1).

Each association organized under this chapter shall have the power to lease from the county or counties in which the cooperative grazing district is located, land acquired by such county or counties through tax sale or otherwise, which is located in or contiguous thereto and not …

Each association organized under this chapter shall have the power to construct or acquire fences, reservoirs, or other facilities for the care of livestock. Source: SDC 1939, § 40.1803 (2).

Each association organized under this chapter shall have the power to apportion to members grazing rights within the cooperative grazing district on such terms, conditions, and limitations as may be specified by the directors thereof, or in accordance with the terms and limitatio…

Any number of persons not less than six, may associate themselves together as a cooperative association, society, or company for the purpose of conducting a purebred livestock registry association. Source: SDC 1939, § 40.1601.

The officers of every purebred livestock registry association shall be a president, one or more vice - presidents, a secretary, and a treasurer, who shall be elected annually by the directors and each of such officers must be a director of the association. The office of secretary…

A purebred livestock registry association shall have power to pay such salaries as its stockholders or directors may prescribe and own such real and personal property as may be required for efficient operation of its business and accomplishment of the purposes for which organized…

A purebred livestock registry association shall operate as a nonprofit - making corporation and for the promotion of the purebred livestock industry by educational and regulatory measures. Source: SDC 1939, § 40.1605.

Any association created under the provisions of this chapter shall have power to conduct the business of a purebred livestock registry association and to do all things necessary to promote the best interests of said association in accordance with law and the articles of incorpora…

The records of a purebred livestock registry association or any certified copy thereof or any certificate of pedigree given under the hand of the president and the secretary and under the seal of said association, shall be admissible in evidence before any court, board, or tribun…

Every person who by any false pretense shall obtain from any club, association, society, or company for improving the breed of cattle, horses, sheep, swine, or other domestic animals, the registration of any animal in the herd register of any such club, association, society, or c…

The persons forming a purebred livestock registry association shall sign and acknowledge written articles which shall contain the name of the association and the names and residences of the persons forming the same. Such articles shall also contain a statement of the breed of liv…

The articles of a purebred livestock registry association shall also set forth whether or not interests in the corporation shall be evidenced by shares of stock or by certificates of membership or by both. The articles may provide for the issuance of stock in shares of no par val…