South Dakota Brand Laws for Horse Camps and Trail Riders
All cattle, horses and mules are required by South Dakota law to be brand inspected prior to leaving the South Dakota Ownership Inspection Area. This requirement applies whether the horse or mule is branded. The South Dakota Ownership Inspection Area is comprised of all counties located west of the Missouri River in South Dakota. (RE: SDCL 40-20-1.) Failure to obtain a brand inspection prior to leaving the Ownership Inspection Area is a Class 1 Misdemeanor.
South Dakota has a reciprocity agreement with all brand states in the United States and Canada for the Lifetime Travel Permit. If you have in your possession a lifetime travel permit from any of the brand inspection states in the United States or provinces in Canada, you do not need to obtain another brand inspection. This permit allows you to transport your horse through all states and Canadian Provinces without obtaining another brand inspection on that horse.
A livestock inspector may, at the inspector's discretion, inspect the horse for ownership if the horse fails to match the description noted on the permit.
A Lifetime Transportation Permit ($20.00), Annual Travel Permit ($3.00) or a Local Inspection ($1.00) is available.
* For information on how to obtain a brand inspection please contact your horse camp host prior to or upon arrival.
* If you are not staying at a horse camp, please call the South Dakota State Brand Board for more information toll free at (877) 574-0054 or check their website at https://sdbrandboard.sd.gov/
Lifetime Travel Permit or Local Ownership Inspection
If you are planning on traveling from within the Ownership Inspection Area to another brand inspection state, you are required to obtain either the Local Ownership Inspection or the Lifetime Travel Permit. Mileage payable to the brand inspector may be included in this charge.
Annual Travel Permit
If you are planning on traveling from within the Ownership Inspection Area to a non-brand inspection area, you can use the Annual Travel Permit. This area includes the area of South Dakota east of the Missouri River, Nebraska, Kansas, Oklahoma and Texas and all states east. Areas requiring a Lifetime Transportation Permit, or a Local Inspection are North Dakota, Montana, Wyoming, Colorado, New Mexico and all states west.
Penalty: A Class 1 Misdemeanor is a mandatory court appearance with fingerprinting. If you are from out of state, you may be required to post a bond prior to your release.
If you are issued a citation for a Class 2 Misdemeanor you may be offered the choice to sign a Power of Attorney (POA) and mail in your fine. The minimum fine for leaving the Ownership Inspection Area for one to five (1 – 5) head including court costs is $132.50. Six (6) head and over is $10.00 per head. Fine and costs not to exceed $578.50.
South Dakota Brand Laws for Reference
Brand Board Definition of livestock SDCL 40-18-1.2 (16) "Livestock," cattle, horses, and mules;
40-20-4. Inspection and certificate required for removal of livestock from ownership inspection area--Violation as misdemeanor--Impoundment--Venue.
Except as provided in this chapter, it is a Class 1 misdemeanor for any person to remove or authorize the removal of any livestock from any point within the livestock ownership inspection area to any point within one mile of the border with a destination outside the ownership inspection area unless the livestock have first been inspected for ownership and unless the shipper possesses the local inspection certificate, market clearance, shippers permit, or such other form of authorization as may be required by the board. Except as provided in § 40-20-29, a local inspection certificate is valid for transportation of livestock out of the inspection area for twenty-four hours after the time of the inspection as noted on the inspection certificate. If there is no valid local inspection certificate, the livestock shall be inspected before leaving the inspection area. Livestock being removed from the ownership inspection area without authorization from the board may be impounded by any law enforcement officer until the livestock are inspected for ownership by an authorized brand inspector. The venue of any offense under this section is in the county where such livestock were loaded or in any county through which the livestock were transported or trailed. Any livestock being transported to a destination outside the ownership inspection area shall be inspected for ownership if they cease to be in the custody of the carrier at any time prior to leaving the ownership inspection area. Any livestock shipper within the livestock ownership inspection area wanting livestock inspected as provided in this section shall notify an inspector in advance of the inspection and allow the inspector reasonable time to provide the inspection.
Source: SL 1943, ch 142, § 8; SL 1945, ch 172, § 2; SL 1949, ch 144, § 2; SDC Supp 1960, § 40.12A03; SL 1967, ch 163; SL 1972, ch 219, § 1; SL 1977, ch 190, § 508; SL 1984, ch 269, § 12; SL 1986, ch 342, § 1; SL 1988, ch 328, § 45; SL 1991, ch 335, § 1; SL 1992, ch 288, § 8; SL 2008, ch 213, § 1; SL 2012, ch 200, § 1; SL 2015, ch 208, § 1.
12:10:02:28. Annual horse and mule transportation permit. A permit for the transportation of horses and mules that originate outside the South Dakota ownership inspection area is available from the board for a fee of three dollars. The permit allows the holder to transport horses and mules into and back out of the ownership inspection area for purposes other than sale or trade.
The permit shall be made in duplicate and must be prenumbered. The permit shall be on a form provided by the board.
The permit must be in the possession of the person transporting the horse or mule. A copy of the permit shall be forwarded to the board. The permit expires on December 31 of the year in which it is issued. The permit is not proof of ownership of the horse or mule.
Source: 15 SDR 33, effective August 31, 1988.
General Authority: SDCL 40-18-16.
Law Implemented: SDCL 40-20-4.1.
12:10:02:25. Lifetime transportation permit for horses. A lifetime transportation permit for a horse requires an ownership inspection of the horse by an authorized inspector of the Brand Board. Only one horse is covered by each lifetime transportation permit.
The permit must contain a description of the horse denoting breed, color, sex, approximate weight, and any marks or brands, and the name and address of the owner.
The person transporting the horse must have the permit in possession.
The fee for a lifetime transportation permit is $20.
The permit provides proof of ownership of the horse and is valid until the horse changes ownership, at which time the previous owner shall surrender the permit to the Brand Board or its authorized agent.
Source: 18 SDR 116, effective January 12, 1992; 39 SDR 172, effective April 25, 2013.
General Authority: SDCL 40-18-16.
Law Implemented: SDCL 40-20-4.1.
12:10:02:25.01. Lifetime transportation permit -- Reciprocity for horses. A valid lifetime transportation permit issued by a state where livestock ownership inspection is required may be accepted by the board as authorization for a person to leave the livestock ownership inspection area with the person's horse for purposes other than for sale or slaughter. A livestock inspector may, at the inspector's discretion, inspect the horse for ownership if the horse fails to match the description noted on the permit.
Source: 18 SDR 116, effective January 12, 1992.
General Authority: SDCL 40-18-16.
Law Implemented: SDCL 40-20-4.1.
40-20-18. Exhibition of authorization on demand of law enforcement officer--Failure to possess authorization as misdemeanor.
Any person in charge or control of any motor vehicle transporting livestock from any point within the livestock ownership inspection area shall, upon demand of any state law enforcement officer, exhibit to the officer authorization as required pursuant to § 40-20-4. It is a Class 2 misdemeanor for any person not to be in possession of such authorization if required by the provisions of this section.
Source: SL 1949, ch 149, § 1; SL 1951, ch 202; SL 1955, ch 139, § 2; SDC Supp 1960, § 40.12A04 (3); SL 1967, ch 164; SL 1986, ch 342, § 2; SL 1988, ch 328, § 60; SL 1999, ch 206, § 7.
40-20-24. Law enforcement officer stopping vehicle for inspection--Unloading of livestock.
Any law enforcement officer may require any person transporting livestock to stop any vehicle transporting such livestock for the purpose of examination and inspection of the shipper's permit, local ownership inspection certificates, livestock market clearances, bills of sale, brands, marks, or other means of identification. The law enforcement officer may demand any such person to unload such livestock at the nearest suitable location for further inspection and examination.
Source: SL 1955, ch 139, § 3; SDC Supp 1960, § 40.12A04 (4); SL 1967, ch 164; SL 1988, ch 328, § 61; SL 1999, ch 206, § 8.
40-20-25. Law enforcement officer not liable for damages in stopping vehicle.
Any law enforcement officer described in § 40-20-24 or surety on his official bond is not liable for any damages claimed to have been incurred by reason of any injury to such livestock, loss of time, shrinkage, or any other similar damage.
Source: SL 1955, ch 139, § 3; SDC Supp 1960, § 40.12A04 (5); SL 1967, ch 164; SL 1988, ch 328, § 62.
40-18-19. Arrest for violation of chapters 40-19 to 40-22 or 40-29--Promise to appear--Bond--Violation as misdemeanor.
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 violation and issue the person a summons in writing to appear in court. The officer shall release the person from custody upon receiving from the person a written promise to appear at the time and place designated by the officer. A nonresident arrested for a violation of chapters 40-19 to 40-22, inclusive, or any provision of chapter 40-29, punishable as a misdemeanor, may be required to post bond in the amount set forth on the fine and bond schedule provided by the presiding circuit court judge, or in an amount set by a magistrate or judge for that offense, before being released from custody. Any person who intentionally violates the written promise to appear, given in accordance with the provisions of this section, is guilty of a Class 2 misdemeanor.
The officer shall utilize a uniform form approved by the attorney general for complaints and summons regarding a violation of any provision of chapters 40-19 to 40-22, inclusive, or the provisions of chapter 40-29, punishable as a misdemeanor.
Source: SL 2014, ch 195, § 1.
22-6-2. Misdemeanor classes and penalties--Restitution--Misdemeanor when no penalty imposed.
Misdemeanors are divided into two classes which are distinguished from each other by the following maximum penalties which are authorized upon conviction:
(1) Class 1 misdemeanor: one year imprisonment in a county jail or two thousand dollars fine, or both;
(2) Class 2 misdemeanor: thirty days imprisonment in a county jail or five hundred dollars fine, or both.
The court, in imposing sentence on a defendant who has been found guilty of a misdemeanor, shall order, in addition to the sentence that is imposed pursuant to the provisions of this section, that the defendant make restitution to any victim in accordance with the provisions of chapter 23A-28.
Except in Titles 1 to 20, inclusive, 22, 25 to 28, inclusive, 32 to 36, inclusive, 40 to 42, inclusive, 47 to 54, inclusive, and 58 to 62, inclusive, if the performance of an act is prohibited by a statute, and no penalty for the violation of such statute is imposed by a statute, the doing of such act is a Class 2 misdemeanor.
Source: SDC 1939, §§ 13.0105, 13.0607; SDCL § 22-1-5; SL 1976, ch 158, §§ 1-3, 6-2, 6-5; SL 1977, ch 189, § 17; SL 1978, ch 158, § 5; SL 1985, ch 192, § 3; SL 1989, ch 255, § 2; SL 1990, ch 158, § 1; SL 1991, ch 186, § 2; SL 1991, ch 187, § 4; SL 1991, ch 337, § 1; SL 1992, ch 158, § 1; SL 1993, ch 172, § 1; SL 1994, ch 161; SL 1995, ch 120, § 1; SL 1997, ch 126, § 1; SL 1997, ch 143, § 6; SL 2005, ch 120, § 173.
