Changes to Existing Law

HB1201 — provide for the election of State Brand Board members.

6 sections modified+132-1427

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§ 40-18-1

Repealed

-420

Section 40-18-1 — REPEALED

Text shown as codified in 2025, the earliest snapshot available; it may differ from the law as it stood when this 2023 bill was introduced.

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 1949, ch 144, § 1; SL 1951, ch 198; SL 1976, ch 252, § 1; SL 1988, ch 328, § 2; SL 2004, ch 259, § 1, eff. Mar. 16, 2003; SL 2009, ch 202, § 2.

§ 40-18-1.1

Repealed

-248

Section 40-18-1.1 — REPEALED

Text shown as codified in 2025, the earliest snapshot available; it may differ from the law as it stood when this 2023 bill was introduced.

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.

§ 40-18-2

Repealed

-679

Section 40-18-2 — REPEALED

Text shown as codified in 2025, the earliest snapshot available; it may differ from the law as it stood when this 2023 bill was introduced.

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 ownership inspection areas. No appointed member may act as a member of the board while holding an elective or appointive state or federal office. No more than three of the members shall be of any one political party. Source: SDC 1939, § 40.1201 as added by SL 1943, ch 142, § 1; SL 1949, ch 144, § 1; SL 1951, ch 198; SL 1973, ch 2, § 38; SL 1976, ch 252, § 2; SL 1988, ch 328, § 4; SL 2004, ch 259, § 2.

§ 40-18-3

Amended

+63-56

Section 40-18-3 — AMENDED

~~Appointments to the board shall be made for terms of~~The term of office for each member of the State Brand Board is three years ~~expiring~~ and begins on the first Monday in January~~in each year. In case of vacancy prior to expiration of a term,~~ 30 ~~appointment shall be made~~. If at any time during a member's term the member ceases to possess any of the qualifications set forth in section 3 of this Act, or if the office becomes vacant for any other reason, the board, by majority vote, shall appoint another qualified individual to serve for the balance of the unexpired term ~~only. However, the initial~~ ~~appointments to be made pursuant to SL 2004, ch 259 shall be made for staggered terms~~ ~~of one, two, two, three, and three years~~.

§ 40-18-6

Amended

+28

Section 40-18-6 — AMENDED

The State Brand Board is attached to the Department of Agriculture and Natural Resources for reporting purposes. The board retains all of its prescribed functions, including administrative functions. The board shall maintain an office in Pierre.

§ 40-18-8

Amended

+41-24

Section 40-18-8 — AMENDED

The State Brand Board shall appoint a staff director, who serves at the pleasure of the board. The staff director shall ~~keep~~ : (1) Keep a record of all proceedings, transactions, communications, and official acts of the board~~, shall be~~; (2) Serve as the 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~~; (3) Call meetings of the board at the direction of the president, or upon the written request of three ~~or more~~ members of the board; and (4) Perform other duties as assigned by the board.

Section 40-18-2 — REPEALED

Text shown as codified in 2025, the earliest snapshot available; it may differ from the law as it stood when this 2023 bill was introduced.