BRAND AND THEFT

Last updated:

08/13/2008

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BRAND AND THEFT

BRAND BOARD

WHEREAS: An integral part of theft prevention involves full cooperation of all local and state law enforcement agencies; and

WHEREAS: Over time the State Brand Board in working for improved theft prevention, benefits most using its police powers as vested in SDCL 40-18-14 and its relationship with those law enforcement agencies of South Dakota.

THEREFORE BE IT RESOLVED: The South Dakota Stockgrowers Association supports maintaining the Brand Board as defined in SDCL 40-18.

2. OWNERSHIP INSPECTION

WHEREAS: South Dakota developed over many years the needs of the cattle producer for theft protection and ownership identification by providing the following chapters of law:

Chapter 40-18 -- State Brand Board

Chapter 40-19 -- Brand Registration and Use

Chapter 40-20 – Livestock Ownership Inspection Area

Chapter 40-21 -- Brand Inspection and Theft Prevention

Chapter 40-22 -- Butchers Licenses and Hide Inspection

Chapter 40-29 – Estrays; and

WHEREAS: These laws provide all South Dakota cattlemen a workable system to identify and recover cattle strayed or stolen on a state wide basis; and

WHEREAS: The South Dakota Legislature made major modifications in the 1987 session in all chapters of these laws; and

WHEREAS: South Dakota cattlemen, lending agencies, and appropriate state and county law enforcement agencies want and need an accurate and efficient system of records for the identification of cattle and horses as a theft prevention and identification tool; and

WHEREAS: There is no mill levy on livestock or General Fund monies supporting the Brand Recording or Brand Inspection Program in South Dakota; and

WHEREAS: South Dakota’s system of brand recording for identification of livestock and brand inspection where required, is financially support solely through feed paid by its users; and

WHEREAS: Since 1892 the membership and leadership of the South Dakota Stockgrowers Association has worked closely with the State of South Dakota in implementing the Brand Inspection Program on a cost effective basis which reflect the requirements of livestock producers.

THEREFORE BE IT RESOLVED: The Board of Directors of the South Dakota Stockgrowers Association affirm our policy to be:

Support the Governor’s authority to select members to serve on the State Brand Board who are directly engaged in the production of livestock and who under the law, will supervise and administer the laws which relate to livestock identification and ownership inspection in South Dakota.
Support the voluntary open statewide membership of the South Dakota Stockgrowers Association, and its state wide Board of Directors to perform the contractual requirements of an ownership inspection program.
Support for on-going training programs among all county and state law enforcement personnel through the Law Enforcement Training Center in Pierre on the laws of South Dakota dealing with livestock ownership and transportation.
Support for educational programs on the State Brand Law and cattle theft prevention measures, transportation requirements, hot iron branding methods, proper timely loss reporting, and rules of the Brand Board conducted by Law Enforcement Training Center, the Cooperative Extension Service, Sheriff and Peace Officers Association, Bankers Association and through all media including the livestock press, meetings, and county and state fair exhibits and among all local and full time brand inspectors, investigators, and shipper’s agreement agents.
Opposition to the state legislating into the ownership inspection area any area of full county non-contiguous with the present ownership inspection area.
That the South Dakota Stockgrowers Association resolve to support the current brand laws and oppose any attempt to exempt any livestock or area from the current brand inspection program.
The South Dakota Stockgrowers Association promotes statewide ownership identification and inspection.

3. PROTECTION OF LIVESTOCK MARKET CONSIGNORS

WHEREAS: A large percentage of livestock market defaults are preceded by the operator violating the rules and regulations of state and/or federal laws (usually those requirements regarding custodial accounts).

THEREFORE BE IT RESOLVED: That state and federal regulatory entities redirect their efforts regarding livestock marketing placing greater emphasis on custodial account surveillance.

BE IT FURTHER RESOLVED: That cattle producers encourage state regulatory agencies to assume a larger role in monitoring livestock sales transactions within their jurisdiction.

BE IT FURTHER RESOLVED: The South Dakota Stockgrowers Association request state and federal agencies to strengthen their approach to enforcement of rules and regulations that will protect shipper’s proceeds.

4. FREEZE BRANDING (’01)

WHEREAS: There is always a possibility of the uninformed public bringing suit against the state of South Dakota over hot iron branding; and
WHEREAS: If freeze branding on cattle was legal, there could be an argument used that hot iron branding would not be necessary for identification; and

WHEREAS: There are some ninety-nine (99) number brands registered with the South Dakota Brand Board; and

WHEREAS: There are any number of cattle owners using freeze brand for herd numbers; and
WHEREAS: It is a Class 1 Misdemeanor under South Dakota law 40-19-1 to brand any animal with a recordable brand not registered to the owner.
THEREFORE BE IT RESOLVED: The South Dakota Stockgrowers Association feels it would be quite a mix-up if freeze branding was legalized for cattle.
BE IT FURTHER RESOLVED: The South Dakota Stockgrowers hereby order the association lobbyist(s) to work against any effort to legalize freeze brands for ownership identification of cattle in South Dakota.