reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 25 - ANIMALS › Chapter 11 - STATE BRAND BOARD › Section 25-1144 - MANNER OF RECORDING BRANDS.

25-1144. MANNER OF RECORDING BRANDS. Every stock grower whose brands are not recorded, desiring to use any brand on any livestock shall make and file an application setting forth a facsimile and description of the brand which he desires to use which application shall state the post-office address and county of his residence and he shall file such application with the state brand inspector and the same shall be recorded in a book kept for that purpose, by the state brand inspector and from and after the filing of such application, the stock grower filing the same, shall have the exclusive right to use such brand, within the state of Idaho. Such recording shall be valid for a period of not more than five (5) years, as determined by rules of the state brand board, subject to the renewal provisions of section 25-1145, Idaho Code. Such person upon the filing of the brand shall pay to the state brand inspector for recording the brand the sum of fifty dollars ($50.00) and the board may prorate the fee to facilitate implementation of a staggered brand renewal system. It shall be the duty of the state brand inspector to furnish without further or other charge, one (1) certified copy of the application to the owner thereof upon his request and for each additional copy he shall be paid a reasonable fee as determined by the state brand board not to exceed one dollar and fifty cents ($1.50) for the additional certified copies: provided, further, that the state brand inspector shall not file or record any such brand if the same has already been filed or recorded by him in favor of some other stock grower. The certified copy of the application shall contain the registration number of such brand, description or facsimile copy of the recorded brand, location of brand on the animal, expiration of the recorded brand and the name and address of the owner of the recorded brand.
History:
[(25-1144) 1905, p. 352, sec. 8; compiled and reen. R.C., sec. 1229; C.L., sec. 1229; C.S., sec. 1921; I.C.A., sec. 24-1005; am. 1933, ch. 173, sec. 1, p. 314; am. 1937, ch. 135, sec. 2, p. 216; am. 1949, ch. 160, sec. 1, p. 346; am. 1951, ch. 108, sec. 1, p. 253; am. 1973, ch. 168, sec. 13, p. 339; am. 1974, ch. 47, sec. 1, p. 1093; am. 1987, ch. 61, sec. 2, p. 110; am. 1988 & redesignated 25-1144, ch. 75, sec. 23, p. 122; am. 1994, ch. 101, sec. 1, p. 229; am. 2000, ch. 79, sec. 1, p. 166.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 11 - STATE BRAND BOARD › Section 25-1145 - RENEWAL OF BRANDS.

25-1145. RENEWAL OF BRANDS. (1) On July 1, 2011, and at the end of each recording period of an original application pursuant to section 25-1144, Idaho Code, and at the end of each successive period thereafter on the first day of July, the recording of every brand in the office of the state brand inspector shall be renewed upon application for such renewal by the owner. The fee of the state brand inspector for filing each such renewal application shall be not more than one hundred twenty-five dollars ($125), twenty-five dollars ($25.00) of which shall be considered a wolf control assessment pursuant to section 22-5306, Idaho Code, and it shall be the duty of the state brand inspector to furnish without further or other charge one (1) certified copy of the certificate of such brand to the owner thereof upon his request, and for each additional certified copy the state brand inspector shall be paid a reasonable fee as determined by the state brand board not to exceed one dollar and fifty cents ($1.50) for the additional certified copy. The fee for recording each renewal shall be paid coincident with the filing of the application therefor.
(2) Each application for the renewal and the record of renewal of each brand shall be made in the same manner as is provided by law for the filing of an original application for the recording of a brand.
(3) If an application for the renewal of any brand shall not be made and the fee therefor paid within the period of six (6) months after the expiration date for such renewal, then such brand may be allotted by the state brand inspector to any other person who shall apply therefor.
History:
[25-1145, added 1919, ch. 116, sec. 2, p. 403; c.s., sec. 1923; I.C.A., sec 24-1007; am. 1933, ch. 173, sec. 2, p. 314; am. 1937, ch. 135, sec. 4, p. 216; am. 1939, ch. 78, sec. 1, p. 135; am. 1949, ch. 160, sec. 2, p. 346; am. 1955, ch. 31, sec. 1, p. 50; am. 1973, ch. 168, sec. 14, p. 339; am. 1974, ch. 47, sec. 2, p. 1093; am. 1987, ch. 61, sec. 3, p. 109; am. and redesig. 1988, ch. 75, sec. 24, p. 111; am. 1994, ch. 101, sec. 2, p. 229; am. 2006, ch. 198, sec. 1, p. 613; am. 2011, ch. 55, sec. 2, p. 119; am. 2014, ch. 188, sec. 6, p. 505; am. 2018, ch. 217, sec. 3, p. 490; am. 2019, ch. 37, sec. 3, p. 105.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 11 - STATE BRAND BOARD › Section 25-1146 - SALES AND TRANSFERS OF BRANDS.

25-1146. SALES AND TRANSFERS OF BRANDS. Any brand recorded in accordance with the requirements of this chapter shall be the property of the stock grower in whose name the same shall be recorded, and shall be subject to sale, assignment, transfer, devise and descent, the same as personal property. Instruments of writing evidencing any such sale, assignment or transfer shall be acknowledged as deeds to real estate are now required to be, and shall be recorded in the office of the state brand inspector in a book to be by said officer kept for that purpose, which shall be properly indexed. The recording of such instruments in said office shall have the same force and effect as to third parties, as the recording of instruments affecting real estate, and the acknowledgment of the same shall have the same force and effect as the acknowledgment of deeds to real estate, and certified copies of the record of any such instrument, duly acknowledged, may be introduced in evidence the same as is now provided for certified copies of instruments affecting real estate. The fee of the state brand inspector for recording the writings evidencing each such sale, assignment or transfer shall be fifty dollars ($50.00).
History:
[(25-1146) 1905, p. 352, sec. 11; reen. R.C., sec. 1231; am. 1911, ch. 217, sec. 5, p. 697; reen. C.L., sec. 1231; C.S., sec. 1924; I.C.A., sec. 24-1008; am. 1937, ch. 135, sec. 5, p. 216; am. 1949, ch. 160, sec. 3, p. 346; am. 1951, ch. 108, sec. 3, p. 253; am. 1973, ch. 168, sec. 15, p. 339; am. 1987, ch. 61, sec. 4, p. 111; 1988 redesignated 25-1146, ch. 75, sec. 25, p. 123; am. 2000, ch. 79, sec. 2, p. 167; am. 2011, ch. 55, sec. 3, p. 120.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 11 - STATE BRAND BOARD › Section 25-1147 - CONFLICTING BRANDS.

25-1147. CONFLICTING BRANDS. In deciding as to conflicts of brands, the state brand inspector shall reject any brand being the same as one previously recorded in the same place on any animal; it shall also reject all brands known as solid brands and the window sash brand. A variation in the size of a letter, number or figure shall not constitute a new brand and shall be rejected. Combinations of letters, numbers or figures may be permitted, though the same letter, number or figure may have been recorded singly or together, if in the judgment of the state brand inspector, said combination is so different from any previous record as to constitute a new brand with no danger of infringement. The inspector shall have the right to reject any brand that may in his judgment endanger infringement of the previously recorded brand.
History:
[(25-1147) 1905, p. 352, sec. 12; reen. R.C., sec. 1232; am. 1911, ch. 217, sec. 6, p. 697; reen. C.L., sec. 1232; C.S., sec. 1925; I.C.A., sec. 24-1009; am. 1973, ch. 168, sec. 16, p. 339; am. 1988 & redesignated 25-1147, ch. 75, sec. 26, p. 124.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 11 - STATE BRAND BOARD › Section 25-1148 - BRAND BOOK.

25-1148. BRAND BOOK. It shall be the duty of the state brand inspector from time to time as it may be necessary, but at least every two (2) years, to cause to be published in book form a list of all brands on record at the time of publication. In the years when the brand book is not issued, the state brand inspector may issue a supplement to the brand book theretofore issued containing the additional brands or changes in ownership of brands between the time of the last publication and the time of issuing such supplement. The brand book shall contain the facsimile of all brands recorded together with the owners’ names and post-office addresses. Brand records shall be arranged in convenient form for reference. It shall be the duty of the state brand inspector to furnish free of charge to each sheriff in this state one (1) copy of said brand book and supplement, in whose office it shall be kept open for inspection by all persons. Brand books and supplements may be sold outright or by subscription to the general public at a price to be determined by the state brand inspector which price shall cover the cost of the publications.
History:
[(25-1148) 1905, p. 352, sec. 13; am. R.C., sec. 1233; am. 1911, ch. 217, sec. 7, p. 698; reen. C.L., sec. 1233; am. 1919, ch. 116, sec. 3, p. 403; C.S., sec. 1926; I.C.A., sec. 24-1010; am. 1937, ch. 135, sec. 6, p. 216; am. 1943, ch. 59, sec. 1, p. 126; am. 1949, ch. 160, sec. 4, p. 346; am. 1973, ch. 168, sec. 17, p. 339; am. 1988 & redesignated 25-1148, ch. 75, sec. 27, p. 124.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 11 - STATE BRAND BOARD › Section 25-1149 - DISPOSITION OF RECORDING FEES.

25-1149. DISPOSITION OF RECORDING FEES. All fees received for the recording and renewal of brands under the provisions of chapter 11, title 25, Idaho Code, shall be credited to the brand recording account, which the state controller is authorized and directed to establish in the agency asset fund in the state treasury. All interest earned from investment of moneys in the brand recording account shall accrue to the account.
History:
[(25-1149) 1943, ch. 70, sec. 4, p. 147; am. 1945, ch. 128, sec. 1, p. 195; am. 1947, ch. 88, sec. 7, p. 149; am. 1973, ch. 168, sec. 5, p. 339; am. 1977, ch. 183, sec. 5, p. 513; am. 1988 & redesignated 25-1149, ch. 75, sec. 28, p. 125; am. 1994, ch. 180, sec. 38, p. 452.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 11 - STATE BRAND BOARD › Section 25-1150 - BRAND RECORDINGS OPEN TO PUBLIC — EVIDENCE.

25-1150. BRAND RECORDINGS OPEN TO PUBLIC — EVIDENCE. The brand recordings kept by the state brand inspector shall be open to the inspection of the public and shall be prima facie evidence of the facts recited therein in any of the courts of this state.
History:
[(25-1150) 1905, p. 369, sec. 6; reen. R.C., sec. 1252; am. 1917, ch. 101, sec. 6, p. 377; reen. C.L., sec. 1252; C.S., sec. 1944; I.C.A., sec. 24-1206; 1988 redesignated 25-1150, ch. 75, sec. 29, p. 125; am. 1996, ch. 90, sec. 3, p. 272.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 11 - STATE BRAND BOARD › Section 25-1151 - DECEPTIVE AND INFRINGING BRANDS — PREVENTION OF USE.

25-1151. DECEPTIVE AND INFRINGING BRANDS — PREVENTION OF USE. The state brand board shall have the right to adopt such rules and regulations as it may prescribe to prevent the use of deceptively similar brands in the state of Idaho and to prevent the use of infringing brands, and is hereby authorized to cancel any brand in the state of Idaho of priority below any brand which it shall infringe.
History:
[(25-1151) 1947, ch. 88, sec. 9, p. 149; am. 1988 & redesignated 25-1151, ch. 75, sec. 30, p. 125.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 11 - STATE BRAND BOARD › Section 25-1161 - FEES — STATE BRAND ACCOUNT.

25-1161. FEES — STATE BRAND ACCOUNT. All fees of every kind collected by the office of the state brand inspector or under any rules or regulations made pursuant to the provisions of chapter 11, title 25, Idaho Code, shall be deposited in the state treasury and kept in a special and separate account in the dedicated fund to be known as the "state brand account"; said account is hereby appropriated for the use and expenditure of said board in carrying out the provisions of this chapter and in the performance of all of its duties and the duties of the state brand inspector and in carrying out the rules and regulations which shall be made by the board, and for salaries and wages and other expenses of the office of the state brand inspector, the state brand board, and its employees for the purpose of fulfilling the duties of such office, and said account is hereby declared to be a continuing account.
History:
[(25-1161) 1947, ch. 88, sec. 6, p. 149; am. 1973, ch. 168, sec. 3, p. 339; am. 1977, ch. 183, sec. 3, p. 512; am. 1988 & redesignated 25-1161, ch. 75, sec. 32, p. 126.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 11 - STATE BRAND BOARD › Section 25-1170 - RECIPROCITY.

25-1170. RECIPROCITY. Any transportation of livestock in this state which originates in another state, and which complies with the brand inspection laws of such state requisite to such transportation, shall be deemed for all purposes to be in compliance with the state brand inspection laws of this state.
History:
[(25-1170) I.C., sec. 25-1409, as added by 1973, ch. 168, sec. 20, p. 339; 1988 redesignated 25-1170, ch. 75, sec. 33, p. 126.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 11 - STATE BRAND BOARD › Section 25-1171 - IMPOUNDMENT OF VEHICLES USED IN TRANSPORTING STOLEN LIVESTOCK.

25-1171. IMPOUNDMENT OF VEHICLES USED IN TRANSPORTING STOLEN LIVESTOCK. The use of any vehicle for the transportation of any stolen livestock or the products thereof, shall be unlawful and such vehicle shall be forfeited to and confiscated by the state. Any such vehicle so used in transporting such stolen livestock shall be seized without warrant by the sheriff of the county where such vehicle is found and sold by him at public auction and the proceeds of such sale paid to the county treasurer to be deposited in the current expense fund of the county; provided, however, that no such sale shall be made until ten (10) days notice thereof shall have been given the person in whose custody such vehicle is found, and notice given to the registered owner of said vehicle, nor in the event, if within such period the owner of such vehicle or the person entitled to the possession thereof shall commence an action in prohibition or injunction against the sheriff to restrain such sale, until after the termination of such proceedings; and provided, further, that such vehicle shall not be confiscated or subject to the forfeiture if the same be a stolen vehicle or loaned vehicle at the time it is used for such unlawful transportation and the owner thereof is not in collusion with the party or parties guilty of the theft.
History:
[(25-1171) I.C., sec. 25-1408, as added by 1973, ch. 168, sec. 20, p. 339; am. 1988 & redesignated 25-1171, ch. 75, sec. 34, p. 127.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 11 - STATE BRAND BOARD › Section 25-1172 - IMPOUNDMENT OF LIVESTOCK IF NO SATISFACTORY EVIDENCE OF OWNERSHIP.

25-1172. IMPOUNDMENT OF LIVESTOCK IF NO SATISFACTORY EVIDENCE OF OWNERSHIP. Livestock which shall be found by any brand inspector, deputy brand inspector or peace officer of the state in the possession of any person who shall be unable to furnish to such inspector or peace officer, upon request therefor, satisfactory evidence of the ownership of such livestock or the right to possession thereof, may be taken into the possession of such inspector or peace officer and detained by him without liability, and at the expense of the owner thereof, until the ownership of such livestock shall be established. No livestock shall be released to the owner thereof until all costs and expenses of detaining said livestock have been paid. If the ownership of any such livestock shall not be established within ten (10) days from the time such inspector or other officer shall take the same into possession, such inspector or other officer may have such livestock sold at public sale in any auction house or sales ring at which livestock of this nature are customarily sold and the costs of sale and the costs of keeping the livestock before the sale thereof shall be paid from the sale proceeds and the balance of such proceeds shall be paid to the treasurer of the state of Idaho for deposit in the unclaimed livestock proceeds account.
In the event any such livestock shall be delivered to any sales ring, slaughter facility or auction house for sale prior to the time that possession thereof shall be taken by an officer, then the officer may permit the sale of such livestock at such auction house, slaughter facility or sales ring and impound the proceeds from the sale thereof until the ownership of such proceeds shall be established.
History:
[(25-1172) I.C., sec. 25-1410, as added by 1973, ch. 168, sec. 20, p. 339; am. 1988 & redesignated 25-1172, ch. 75, sec. 35, p. 127; am. 1992, ch. 65, sec. 1, p. 199.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 11 - STATE BRAND BOARD › Section 25-1173 - UNCLAIMED LIVESTOCK PROCEEDS ACCOUNT.

25-1173. UNCLAIMED LIVESTOCK PROCEEDS ACCOUNT. There is hereby created in the state treasury an account to be known as the unclaimed livestock proceeds account which shall consist of all money directed by law to be placed therein. The account is appropriated for paying and satisfying such claims as may be allowed against the account by virtue of any law of the state of Idaho. All proceeds from the sale of livestock as provided by section 25-1172, Idaho Code, remaining after payment of the costs of keeping the livestock and the costs of sale, shall be paid to the state treasurer and shall be deposited into the account. All moneys which shall hereafter be impounded under the provisions of section 25-1172, Idaho Code, to which ownership shall not be established within sixty (60) days after the sale of the livestock from which such proceeds shall be received, shall be paid to the state treasurer and shall be deposited into the account.
History:
[(25-1173) I.C., sec. 25-1411, as added by 1973, ch. 168, sec. 20, p. 339; am. 1988 & redesignated 25-1173, ch. 75, sec. 36, p. 128.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 11 - STATE BRAND BOARD › Section 25-1174 - HEARING FOR CLAIMS TO LIVESTOCK PROCEEDS ACCOUNT.

25-1174. HEARING FOR CLAIMS TO LIVESTOCK PROCEEDS ACCOUNT. Any person claiming to be the owner of any livestock sold under the provisions of section 25-1172, Idaho Code, may claim the sale proceeds placed in the unclaimed livestock proceeds account, and the state brand inspector must inquire into such claim, and may hold a hearing for such purpose giving notice thereof to every claimant thereof at least thirty (30) days before the date set for such hearing and after such hearing if satisfied of any claimant’s right thereto, must issue an order granting a certificate to that effect and upon the presentation of the certificate the state controller must draw his warrant on the treasurer for the amount without interest. If no such certificate is presented to the state controller within eighteen (18) months after the date, such money is paid into the treasury of the state of Idaho and such money shall escheat to the state and be deposited into the office of the state board of education’s miscellaneous revenue fund for appropriation to public education and/or higher education programs that advance the livestock industry and agriculture in general, as recommended by the Idaho cattle foundation, inc. Such recommendation shall be given to the state board of education no later than April 15 of each year.
History:
[(25-1174) 25-1412, added 1973, ch. 168, sec. 20, p. 339; am. and redesig. 1988, ch. 75, sec. 37, p. 128; am. 1994, ch. 180, sec. 39, p. 452; am. 2012, ch. 151, sec. 1, p. 421.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 11 - STATE BRAND BOARD › Section 25-1180 - MUTILATING AND COUNTERFEITING BRANDS A MISDEMEANOR.

25-1180. MUTILATING AND COUNTERFEITING BRANDS A MISDEMEANOR. It shall be unlawful for any stock grower or other person in this state to change, conceal, deface, disfigure, or obliterate any brand or mark previously branded, impressed or marked on any animal or head of livestock, or put his own, or any other brand upon or over any part of any brand previously branded, upon any animal or head of livestock, and no person must mark or use any counterfeit of any brand or mark provided for in this chapter. Any person violating any of the provisions of this section shall be guilty of a misdemeanor.
History:
[(25-1180) 1881, p. 295, sec. 10; am. R.S., sec. 1178; compiled and reen. R.C., sec. 1238; am. 1911, ch. 217, sec. 9, p. 699; reen. C.L., sec. 1238; C.S., sec. 1931; I.C.A., sec. 24-1015; am. 1937, ch. 135, sec. 7, p. 216; am. 1973, ch. 168, sec. 18, p. 339; 1988 redesignated 25-1180, ch. 75, sec. 38, p. 128.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 11 - STATE BRAND BOARD › Section 25-1182 - ISSUANCE OF CITATIONS AND ARREST OF VIOLATORS.

25-1182. ISSUANCE OF CITATIONS AND ARREST OF VIOLATORS. The state brand inspector, all deputy brand inspectors and all peace officers authorized by the laws of the state of Idaho to enforce brand inspection laws, are authorized and it is hereby made their duty to arrest with or without warrant any person or persons found violating any of the provisions of the brand inspection laws of the state of Idaho when detected in the act of violating such law or laws or found with livestock unlawfully in their possession at the time of such arrest. Arrests made pursuant to the brand inspection laws of the state of Idaho may be affected by:
(1) Taking the offender into custody for immediate appearance before the nearest available magistrate having jurisdiction; or,
(2) Issuing a citation to the offender to appear before a magistrate. Said citation shall bear the date, time and place for the offender’s appearance before a magistrate; the name and address of the offender, the offense charged, the approximate location where and the approximate time when the offense was committed and other such essential and descriptive information related to the offense as may be prescribed by the state brand board by rule or regulation adopted by said state brand board. The citation shall be signed by the offender notified to appear and he shall be given a copy thereof and thereupon may be released from custody. A citation shall be issued only by mutual agreement of the arresting officer and the offender as evidenced by both their signatures on said citation. Failure of the offender to appear at the time and place specified in the citation shall constitute a misdemeanor and shall be cause for issuance of a warrant for said offender’s arrest.
Whenever any person is given a written citation containing a notice to appear as hereinabove provided, the magistrate shall be a magistrate within the county where the offense charged is alleged to have been committed and who has jurisdiction of the offense, or any other magistrate in any other county with jurisdiction over the alleged offense which is agreed to be more convenient by both the officer and the offender. Whenever an offender is taken immediately before a magistrate as hereinabove provided, it shall be any magistrate within the state of Idaho who has jurisdiction of the alleged offense.
History:
[(25-1182) I.C., sec. 25-1414, as added by 1973, ch. 168, sec. 20, p. 339; am. 1988 & redesignated 25-1182, ch. 75, sec. 40, p. 130.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 13 - DRIVING FROM RANGE OR HERDING LIVESTOCK › Section 25-1301 - PENALTY FOR DRIVING LIVESTOCK FROM RANGE — EVIDENCE WARRANTING CONVICTION.

25-1301. PENALTY FOR DRIVING LIVESTOCK FROM RANGE — EVIDENCE WARRANTING CONVICTION. Any person, not the owner or entitled to the possession, who knowingly and willfully drives, rides, or leads, or assists to drive, ride or lead or transport by motor vehicle any head of livestock away from its usual range is guilty of a misdemeanor.
Proof that such person was driving, riding or leading or transporting by motor vehicle such livestock more than five (5) miles from its usual range is evidence sufficient to warrant a conviction, unless the evidence produced on the trial shows that the accused acted in good faith and with an innocent purpose.
History:
[(25-1301) 1881, p. 295, sec. 13; am. R.S., sec. 1181; reen. R.C. & C.L., sec. 1241; am. 1919, ch. 176, sec. 1, p. 553; C.S., sec. 1934; I.C.A., sec. 24-1103; am. 1969, ch. 44, sec. 1, p. 122.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 13 - DRIVING FROM RANGE OR HERDING LIVESTOCK › Section 25-1302 - LIABILITY TO CIVIL ACTION — ATTACHMENT OF DEFENDANT’S LIVESTOCK.

25-1302. LIABILITY TO CIVIL ACTION — ATTACHMENT OF DEFENDANT’S LIVESTOCK. Any person who, without the owner’s consent, drives, rides, or leads or assists in driving, riding or leading any head of livestock, the property of another, away from its usual or accustomed range is liable in a civil action in a court of competent jurisdiction to the party injured for damages, including the costs of litigation. The party injured may, at the commencement of the action, or during the pendency thereof, have the livestock of the defendant, or such number thereof as are sufficient, attached, seized and held as security for all damages and costs that may be recovered in such action.
History:
[(25-1302) 1881, p. 295, sec. 14; am. R.S., sec. 1182; reen. R.C. & C.L., sec. 1242; am. 1919, ch. 176, sec. 2, p. 553; C.S., sec. 1935; I.C.A., sec. 24-1104.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 13 - DRIVING FROM RANGE OR HERDING LIVESTOCK › Section 25-1303 - PREVENTION OF TRESPASS OF LIVESTOCK — CRIMINAL AND CIVIL LIABILITY.

25-1303. PREVENTION OF TRESPASS OF LIVESTOCK — CRIMINAL AND CIVIL LIABILITY. Any person owning or having charge of any herd or drove of livestock, who drives or moves the same into or through any county in this state, in which the owner thereof is not a resident or landowner, and where the land is owned or is occupied and improved, must prevent such herd or drove from mixing with the livestock belonging in said county, and must also prevent such herd or drove from trespassing on land in the possession of any actual settler, and used by him for grazing purposes, or for the growing of grain, hay or other crops, or injuring any ditches owned or used by such settler. If any owner or person in charge of any such herd or drove of livestock wilfully or negligently injures any resident of this state by driving or moving such herd or drove of livestock from any public highway, and herding or grazing the same on land occupied and improved by any settler in possession of the same, he is guilty of a misdemeanor; and is also liable in a civil action to the party injured for the damages by him sustained.
History:
[(25-1303) 1881, p. 295, sec. 15; am. R.S., sec. 1183; reen. R.C. & C.L., sec. 1243; C.S., sec. 1936; I.C.A., sec. 24-1105.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 13 - DRIVING FROM RANGE OR HERDING LIVESTOCK › Section 25-1305 - PENALTY FOR VIOLATIONS.

25-1305. PENALTY FOR VIOLATIONS. Any person violating any of the provisions of this chapter is guilty of a misdemeanor.
History:
[(25-1305) 1881, p. 295, sec. 17; am. R.S., sec. 1185; reen. R.C. & C.L., sec. 1245; C.S., sec. 1938; I.C.A., sec. 24-1107.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 16 - RECORD OF BRANDS ON SLAUGHTERED CATTLE › Section 25-1601 - RECORD OF SLAUGHTERED CATTLE — PENALTY FOR VIOLATION.

25-1601. RECORD OF SLAUGHTERED CATTLE — PENALTY FOR VIOLATION. Any persons engaged in the business of slaughtering cattle, must keep at their place of business a book in which they must enter daily the number and class of cattle slaughtered, the name of the person or persons from whom said cattle were purchased, and the marks and brands of such cattle. Said book must be kept ready at all times for the inspection of any person who may desire to examine the same. Any person violating the provisions hereof shall be guilty of a misdemeanor.
History:
[(25-1601) 1876, p. 36, sec. 1; am. R.S., sec. 1195; reen. R.C. & C.L., sec. 1255; C.S., sec. 1947; I.C.A., sec. 24-1301; am. 1941, ch. 51, sec. 1, p. 109.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 17 - LIVESTOCK MARKETS › Section 25-1720 - STATEMENT OF PURPOSE.

25-1720. STATEMENT OF PURPOSE. It is hereby declared to be the policy of the state of Idaho, and the purpose of this act, to encourage, stimulate and stabilize the agricultural economy of the state in general, and the livestock economy in particular, by encouraging the construction, development and productive operation of public livestock markets as key industries of the state and those markets’ particular trade areas, with all benefits of fully open, free, competitive factors, in respect to sales and purchases of livestock.
History:
[25-1720, added 1961, ch. 201, sec. 2, p. 310.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 17 - LIVESTOCK MARKETS › Section 25-1721 - DEFINITIONS OF TERMS.

25-1721. DEFINITIONS OF TERMS. The following words and phrases as used in this act, unless the context otherwise requires, shall have the meanings respectively ascribed to them in this section.
(a) "Persons" shall include any individual, firm, association, partnership or corporation.
(b) "Department" means the department of agriculture.
(c) "Director" means the director of the department of agriculture.
(d) "Livestock" means and includes cattle, calves, horses, mules and swine.
(e) "Public livestock market" means:
Any place, establishment or facility commonly known as a "livestock market," "livestock auction market," "sales ring," "stockyard," or the like, consisting of pens, or other inclosures, and their appurtenances, in which livestock is received, held, sold or kept for sale or shipment, which is conducted or operated for compensation or profit as a public market for livestock.
Marketing or trading, including the transmission of market information, bids, and offers, may be facilitated by computer, video, or any other electronic device.
(f) "Market charter" means the charter for public livestock market operation authorized to be issued under the provisions of this act.
(g) "Livestock market operator" means any person engaged in the business of conducting or operating a public livestock market, whether personally or through agents or employees.
History:
[25-1721, added 1961, ch. 201, sec. 3, p. 310; am. 1974, ch. 18, sec. 147, p. 364; am. 1985, ch. 238, sec. 1, p. 564; am. 1994, ch. 314, sec. 1, p. 999.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 17 - LIVESTOCK MARKETS › Section 25-1722 - EXEMPTIONS.

25-1722. EXEMPTIONS. This act shall not be construed to include as a public livestock market:
(a) Any place or operation where future farmers or 4-H groups, or private fairs conduct sales of livestock.
(b) Any place or operation conducted for a dispersal sale of the livestock of a farmer, dairyman, livestock breeder or feeder who is discontinuing said business and no other livestock is sold or offered for sale.
(c) Any place or operation where a breeder or an association of breeders of livestock assemble and offer for sale and sell under their own management any livestock when such breeders shall assume all responsibility of such sale and the title of livestock sold. This shall apply to all purebred livestock association sales.
(d) All sales of livestock by any generally recognized statewide association or associations composed of persons engaged in the production in Idaho of cattle, calves, sheep, mules, horses, swine, or goats.
(e) Sales of livestock by any nonprofit cooperative association, corporation sole or religious, fraternal or benevolent corporation, provided such association or corporation complies with regulations of the director in connection with such sale and such sales are not held in the regular course of business of such corporation or association.
(f) Any Idaho auction market operated by an Idaho licensed auctioneer selling not more than twenty (20) animals a week or more than eighty (80) animals a month, provided such an auction market is bonded under the provisions of the Federal Packers and Stockyards Act, of 1921, as amended.
History:
[25-1722, added 1961, ch. 201, sec. 4, p. 310; am. 1963, ch. 130, sec. 1, p. 382; am. 1965, ch. 138, sec. 1, p. 271; am. 1974, ch. 18, sec. 148, p. 364.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 17 - LIVESTOCK MARKETS › Section 25-1723 - ADMINISTRATION OF ACT.

25-1723. ADMINISTRATION OF ACT. The director is hereby vested with power and authority, and it is hereby made his duty, to:
(a) Administer the provisions of this act in respect to the issuances, suspensions and revocations of market charters.
(b) Prescribe by general order, or otherwise, rules and regulations in conformity with this act, applicable to its efficient and effective administration.
History:
[25-1723, added 1961, ch. 201, sec. 5, p. 310; am. 1974, ch. 18, sec. 149, p. 364.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 17 - LIVESTOCK MARKETS › Section 25-1724 - MARKET CHARTER AND APPLICATION — FEES, CHARTER AND HEARING.

25-1724. MARKET CHARTER AND APPLICATION — FEES, CHARTER AND HEARING. No person shall conduct or operate a public livestock market unless and until he has a market charter therefor, upon which the current annual market charter fee has been paid. Any person making application for such market charter shall do so to the director in writing, verified by the applicant, in the form as prescribed by the director, showing the following:
(a) The name and address of the applicant, with a statement of the names and addresses of all persons having any financial interest in the applicant and the amount of such interest. This statement shall include the legal names of all members of a partnership; the officers and members of the governing board of an association; and five (5) principal stockholders of a corporation. If, during the period of a market charter issued hereunder, any change shall take place in the personnel identified herein, the holder of the market charter shall forthwith make a verified report of any such change to the director.
(b) Financial responsibility of the applicant in the form of a statement of all assets and liabilities.
(c) A legal description of the property and its exact location with a complete description of the facilities proposed to be used in connection with such public livestock market.
(d) The schedule of charges applicant proposes to charge for all services proposed to be rendered.
(e) A detailed statement of the facts upon which the applicant relies showing the general confines of the trade area proposed to be served by such public livestock market, the benefits to be derived by the livestock industry and the services proposed to be rendered.
Such application shall be accompanied by the annual charter fee as prescribed in section 25-1728, Idaho Code. In addition, the application shall be accompanied by a hearing fee of five hundred dollars ($500) which shall not be returnable to the applicant. Said annual charter fee and hearing fee shall be remitted separately. The director shall remit said hearing fee to the state treasurer of the state of Idaho to be credited to the "Public Livestock Market Fund."
History:
[25-1724, added 1961, ch. 201, sec. 6, p. 310; am. 1965, ch. 65, sec. 1, p. 100; am. 1974, ch. 18, sec. 150, p. 364; am. 1985, ch. 238, sec. 2, p. 565; am. 1994, ch. 314, sec. 2, p. 999.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 17 - LIVESTOCK MARKETS › Section 25-1725 - NOTICE OF HEARING ON APPLICATION.

25-1725. NOTICE OF HEARING ON APPLICATION. Upon the filing of such application, the director shall fix a reasonable time for the hearing thereon in the city itself, or the nearest city, where the public livestock market is proposed to be located. The director forthwith shall cause notice of the time and place of hearing, to be served by mail not less than fifteen (15) days prior to such hearing upon the following:
(a) All duly organized statewide livestock associations in the state who have filed written notice with the director of a request to receive notice of such hearings and such other livestock associations as in the opinion of the director would be interested in such application.
(b) The operators of all public livestock markets in the state.
The director shall give further notice of such hearing by publication of the notice thereof once in a daily or weekly newspaper circulated in the city or town where such hearing is to be held, as in the opinion of the director will give public notice of such time and place of hearing to persons interested therein.
History:
[25-1725, added 1961, ch. 201, sec. 7, p. 310; am. 1965, ch. 65, sec. 2, p. 100; am. 1974, ch. 18, sec. 151, p. 364; am. 1985, ch. 238, sec. 3, p. 565; am. 1994, ch. 314, sec. 3, p. 1000.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 17 - LIVESTOCK MARKETS › Section 25-1726 - HEARING ON APPLICATION.

25-1726. HEARING ON APPLICATION. A hearing shall be conducted by the director. If after a hearing upon such application at which interested persons may formally appear in support or opposition thereto, the director finds from the evidence presented that such public livestock market for which a market charter is sought would beneficially serve the livestock economy, such market charter shall be issued the applicant. In determining whether or not the application should be granted or denied, the director shall give reasonable consideration to:
(a) The ability of the applicant to comply with that certain act of the congress of the United States known as the Packers and Stockyards Act, as amended (7 USC 181, et seq.).
(b) The financial stability, business integrity and fiduciary responsibility of the applicant.
(c) The livestock industry marketing benefits to be derived from the establishment and operation of the public livestock market proposed in the application.
(d) The adequacy of the facilities set forth in the application, to permit the performance of market services proposed in the application.
(e) The present market services elsewhere available to the trade area proposed to be served.
(f) Whether the proposed public livestock market would be permanent and continuous.
(g) The economic feasibility of the proposed market services based on competent evidence in respect to such aspects.
(h) Proper facilities for health inspection and testing of livestock.
History:
[25-1726, added 1961, ch. 201, sec. 8, p. 310; am. 1974, ch. 18, sec. 152, p. 364.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 17 - LIVESTOCK MARKETS › Section 25-1728 - MARKET CHARTER FEE — PUBLIC LIVESTOCK MARKET FUND — APPROPRIATION — PAYMENT OF CLAIMS.

25-1728. MARKET CHARTER FEE — PUBLIC LIVESTOCK MARKET FUND — APPROPRIATION — PAYMENT OF CLAIMS. (1) Every livestock market operator shall pay annually, on or before May 1, a market charter fee established by rules of the director but not in excess of two hundred dollars ($200) to the director for each public livestock market operated by him, which payment shall constitute a renewal of his license for one (1) year.
(2) The director shall promptly remit said fees to the state treasurer of the state of Idaho and the sums so paid under the provisions of this act shall be held by the state treasurer as a separate fund to be known as the "Public Livestock Market Fund," which said fund is hereby created by this act. The state controller is hereby authorized, upon presentation of the proper vouchers or claims against said fund, approved by the director and the state board of examiners, as provided by law, to draw his warrant upon said fund.
(3) All moneys in or hereafter to come into said fund are hereby appropriated to said director for the purpose of carrying out the objects of this act and to pay all costs and expenses heretofore or hereafter incurred therein or connected therewith. For the purpose of carrying out the objects of this act, and in the exercise of the powers therein granted, and duties hereby imposed, the director shall have power to make orders concerning the disbursement of said fund.
History:
[25-1728, added 1961, ch. 201, sec. 10, p. 310; am. 1965, ch. 65, sec. 3, p. 100; am. 1974, ch. 18, sec. 153, p. 364; am. 1994, ch. 180, sec. 40, p. 453.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 17 - LIVESTOCK MARKETS › Section 25-1729 - TRANSFERS OF MARKET CHARTERS — HEARING AND CHARTER FEES.

25-1729. TRANSFERS OF MARKET CHARTERS — HEARING AND CHARTER FEES. Each market charter is personal to the holder and the facilities covered thereby, and transferable only upon application in the same form and manner as new applications for such market charters. A change in the membership of a partnership or association, or the sale or transfer, directly or indirectly, of a controlling interest in the stock ownership of a corporate market charter holder shall be deemed a transfer of the market charter, subject to the requirements of this section.
Any transfer of a market charter shall be accompanied by a processing fee of one hundred dollars ($100), which sum shall not be returnable to the applicant and which sum shall be remitted by the director to the public livestock market fund. Each such application shall also be accompanied by a separate remittance of the annual charter fee. If within ten (10) days after notice to those persons to whom notice is required to be given by section 25-1725, Idaho Code, a request for a hearing is not made by such a person, the director may transfer a market charter without a hearing if he finds that such a transfer meets the conditions required for a new charter but should a hearing be necessary, an additional fee of one hundred fifty dollars ($150) shall be remitted to the director before the proceedings shall begin.
History:
[25-1729, added 1961, ch. 201, sec. 11, p. 310; am. 1965, ch. 65, sec. 4, p. 100; am. 1967, ch. 221, sec. 1, p. 667; am. 1974, ch. 18, sec. 154, p. 364; am. 1985, ch. 238, sec. 5, p. 566.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 17 - LIVESTOCK MARKETS › Section 25-1730 - BOND OF APPLICANT.

25-1730. BOND OF APPLICANT. No market charter or renewal of market charter shall be issued until the applicant shall have executed a surety bond as required under the provisions of that certain act of the congress of the United States known as the Packers and Stockyards Act, as amended (7 USC 181, et seq.) for market agencies selling on commission. A certified copy of such bond in full force and effect as on file with the United States department of agriculture shall be filed with the director and shall satisfy the requirements of this section.
History:
[25-1730, added 1961, ch. 201, sec. 12, p. 310; am. 1974, ch. 18, sec. 155, p. 364.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 17 - LIVESTOCK MARKETS › Section 25-1731 - RECORDS OF CHARTER HOLDER.

25-1731. RECORDS OF CHARTER HOLDER. Every market charter holder under this act shall keep an accurate record of all transactions conducted in the ordinary course of his business. Such records shall be available for the examination of the director, or his duly authorized representative, in respect to a market charter issued under the provisions of this act.
History:
[25-1731, added 1961, ch. 201, sec. 13, p. 310; am. 1974, ch. 18, sec. 156, p. 364.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 17 - LIVESTOCK MARKETS › Section 25-1733 - APPEALS FROM DECISIONS OF DIRECTOR.

25-1733. APPEALS FROM DECISIONS OF DIRECTOR. The director shall keep a complete transcript of all proceedings and evidence presented in any hearing before him. The applicant for a market charter, or any protestant formally appearing in the hearing before the director for such market charter, or the holder of any market charter suspended or revoked, or any party to a transfer application, may appeal to the district court of the county in which the proposed public livestock market is to be located, or in which the market charter holder has his public livestock market, by giving notice of such appeal in writing to the director within fifteen (15) days after receiving notice by registered mail of the director’s decision, and within said time filing a bond with the clerk of said district court in the sum of five hundred dollars ($500) to be approved by the clerk of said court as legally sufficient, conditioned to pay all costs that may be awarded against such party in the event of an adverse decision, or the decision of the director being affirmed or upheld. Within thirty (30) days after such decision or within such additional time as the district court shall allow upon good cause shown, but not exceeding sixty (60) days after said decision, the appealing party shall file with the clerk of said district court a transcript of the testimony and proof presented to the director including notice of appeal, complaint, pleadings, notices, motions and other papers filed with the director duly certified by him. Cost of preparing such transcript shall be paid by the appealing party. In case of suspension or revocation of a market charter the filing of such notice and bond shall stay the order of the director until the final determination of the appeal. If the appealing party shall fail to perfect his appeal or file said transcript as herein provided, said stay shall automatically terminate. The hearing on appeal shall be had summarily and solely upon the record of the proceedings before the director, in the matter in which the appeal is taken and upon which his decision was rendered, and there shall not be any additional evidence introduced or anything in the nature of a trial de novo. The court shall not substitute its discretion for that of the director but shall determine whether the director acted capriciously, arbitrarily, or abused his discretion and whether he acted according to law. Appeals from judgments of the district court may be taken to the Supreme Court in the same manner as appeals are taken in civil actions.
History:
[25-1733, added 1961, ch. 201, sec. 15, p. 310; am. 1974, ch. 18, sec. 158, p. 364.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 17 - LIVESTOCK MARKETS › Section 25-1734 - PENALTIES.

25-1734. PENALTIES. Any person who shall violate any provision or requirement of this act shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than $200 nor more than $1,000, or by imprisonment in the county jail for a period not exceeding 30 days, or by both such fine and imprisonment. Each day any person operates or conducts a public livestock market in the state without a charter as prescribed in this act shall be considered a separate offense. The board is empowered to institute proceedings to enjoin the operation of a public livestock market if the person sought to be enjoined is operating a public livestock market without a market charter in good standing as provided in this act.
History:
[25-1734, added 1961, ch. 201, sec. 16, p. 310.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 17 - LIVESTOCK MARKETS › Section 25-1735 - LICENSED WEIGHMASTER.

25-1735. LICENSED WEIGHMASTER. No market charter or renewal charter to establish or operate any public livestock market within the state of Idaho shall be issued nor shall any duly licensed public livestock market within this state continue to operate unless the livestock handled by said public livestock market shall be weighed by a licensed weighmaster.
History:
[25-1735, added 1961, ch. 201, sec. 17, p. 310.]
2023 Idaho Code › Title 25 - ANIMALS › Chapter 17 - LIVESTOCK MARKETS › Section 25-1736 - BRAND INSPECTION.

25-1736. BRAND INSPECTION. Every livestock market operator engaged in the operation of a public livestock market within the state of Idaho shall cause brand inspection to be made in such manner as the state brand board shall prescribe, of all livestock assembled at such public livestock market for either public or private sale, and shall provide facilities for such brand inspection, such facilities to consist of a tagging or holding chute so as to permit readily accessible brand inspection, and shall pay to the office of the state brand inspector fees and charges per head as determined according to the provisions of section 25-1160, Idaho Code.
History:
[25-1736, added 1961, ch. 201, sec. 18, p. 310; am. 1969, ch. 190, sec. 2, p. 559; am. 1973, ch. 168, sec. 21, p. 339; am. 1976, ch. 180, sec. 2, p. 652; am. 1988, ch. 75, sec. 41, p. 130.]