reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 01 - Cruelty Abuse And Injury To Animals › Section 40-1-1 - Definition of terms.

40-1-1. Definition of terms.
Terms used in chapters 40-1 and 40-2, mean:
(1)"Abandon," to give up with the intent of never again regaining one's interests in, or rights to, an animal other than placing ownership with a responsible party;
(2)"Animal," any mammal, bird, reptile, amphibian, or fish, except humans;
(3)"Board," the South Dakota Animal Industry Board;
(4)"Cruelty," to intentionally, willfully, and maliciously inflict gross physical abuse on an animal that causes prolonged pain, that causes serious physical injury, or that results in the death of the animal;
(5)"Dangerous animal," any animal that, by itself or by environmental circumstances, at the determination of the board, any agent or officer of a humane society, or any law enforcement officer, is a threat to the physical well-being of other owned animals or humans;
(6)"Humane killing," to cause the death of an animal in a manner to limit the pain or suffering of the animal as much as reasonably possible under the circumstances;
(7)"Impound," to take physical control and custody of an animal;
(8)"Livestock," any agricultural or commercial animal owned, bred, or raised for profit, but not including dogs, cats, rabbits, or other household pets;
(9)"Mistreat," to cause or permit the continuation of unjustifiable physical pain or suffering of an animal;
(10)"Neglect," to fail to provide food, water, protection from the elements, adequate sanitation, adequate facilities, or care generally considered to be standard and accepted for an animal's health and well-being consistent with the species, breed, physical condition, and type of animal;
(11)"Proper enclosure," a secure confinement in an enclosed or locked facility suitable to prevent a dangerous animal from escaping and to prevent any physical threat to the well-being of any other animal or human.
Source:
SDC 1939, §40.2201; SL 1991, ch 331, §1; SL 2014, ch 194, §1.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 01 - Cruelty Abuse And Injury To Animals › Section 40-1-2.3 - Neglect, abandonment, or mistreatment of animal--Misdemeanor.

40-1-2.3. Neglect, abandonment, or mistreatment of animal--Misdemeanor.
No person owning or responsible for the care of an animal may neglect, abandon, or mistreat the animal. A violation of this section is a Class 1 misdemeanor.
Source:
SL 1991, ch 331, §3; SL 2014, ch 194, §3.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 01 - Cruelty Abuse And Injury To Animals › Section 40-1-2.4 - Cruelty to animals--Felony.

40-1-2.4. Cruelty to animals--Felony.
No person may subject an animal to cruelty. A violation of this section is a Class 6 felony.
Source:
SL 1991, ch 331, §4; SL 2014, ch 194, §4.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 01 - Cruelty Abuse And Injury To Animals › Section 40-1-5 - Impoundment of neglected, abandoned, mistreated, or cruelly treated animal--Expenses of care as lien--Warrant or court order.

40-1-5. Impoundment of neglected, abandoned, mistreated, or cruelly treated animal--Expenses of care as lien--Warrant or court order.
Any law enforcement officer, agent of the board, or agent or officer of any humane society finding an animal neglected, abandoned, mistreated, or subjected to cruelty, may, pursuant to a warrant or court order, cause the animal to be impounded and properly cared for, and the expenses of such impoundment or care constitute a lien on the animal to be paid before the animal may be lawfully recovered. However, a warrant or court order is not necessary for law enforcement officers if the animal is severely injured, severely diseased, or suffering and any delay in impounding the animal would continue to cause the animal extreme suffering or if other exigent circumstances exist. If any animal is impounded or subjected to other action under this section without a warrant or court order, the officer shall subsequently show cause for the impoundment or other action to the court, and the court shall issue an order ratifying the impoundment or action; or, if sufficient cause for the impoundment or action is not shown, the court shall order the return of the animal to the owner or other appropriate remedy.
Source:
SDC 1939, §40.2202; SL 1991, ch 331, §15; SL 2006, ch 211, §8; SL 2014, ch 194, §7.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 01 - Cruelty Abuse And Injury To Animals › Section 40-1-5.1 - Liability of owner or caretaker for impounded animal.

40-1-5.1. Liability of owner or caretaker for impounded animal.
The owner or caretaker of an animal impounded or cared for pursuant to §40-1-5 is liable for the expense of services rendered. The governing body of the county or municipality that has rendered such services may recover such sums for services pursuant to §40-1-5 as it deems reasonable. The payment shall be on vouchers, as other claims against the county or municipality are paid. Expenses may be recovered in a civil action against the owner unless the expenses are paid within thirty days after notice and demand.
Source:
SL 1991, ch 331, §16.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 01 - Cruelty Abuse And Injury To Animals › Section 40-1-9 - Instigation, permitting or viewing animal fight prohibited--Spectating as misdemeanor.

40-1-9, 40-1-10.   Repealed by SL 2014, ch 194, §§ 8, 9.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 01 - Cruelty Abuse And Injury To Animals › Section 40-1-10.1 - Animal fighting exhibitions or for amusement or gain prohibited--Felony or misdemeanor.

40-1-10.1. Animal fighting exhibitions or for amusement or gain prohibited--Felony or misdemeanor.
No person may:
(1)Own, possess, keep, or train any animal with the intent to engage the animal in an exhibition of fighting with another animal;
(2)For amusement or gain cause any animal to fight with another animal or cause any animal to injure another animal; or
(3)Permit the activity prohibited by this section to be done on any premises under the person's charge or control, or aid, or abet any activity prohibited by this section.
A violation of this section is a Class 6 felony.
It is a Class 1 misdemeanor to be present at any violation of subdivision (2) of this section as a spectator.
Source:
SL 1985, ch 317, §1; SL 1991, ch 331, §23; SL 2014, ch 194, §10.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 01 - Cruelty Abuse And Injury To Animals › Section 40-1-11 - Entry by officer of place where animal fight conducted--Arrest of persons present.

40-1-11. Entry by officer of place where animal fight conducted--Arrest of persons present.
Any law enforcement officer may enter any place where there is any sport or exhibition of the fighting of animals or where preparations are being made for such sport or exhibition, and without a warrant arrest any person there present.
Source:
SDC 1939, §40.2210; SL 1991, ch 331, §24; SL 2014, ch 194, §11.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 01 - Cruelty Abuse And Injury To Animals › Section 40-1-11.1 - Seizure of fighting animals and related paraphernalia--Disposition.

40-1-11.1. Seizure of fighting animals and related paraphernalia--Disposition.
Any law enforcement officer making an arrest for a violation of §40-1-10.1 shall take possession of all animals and all paraphernalia, implements, or other property or things used or employed, or about to be employed, in the violation of any of the provisions of §40-1-10.1. The provisions of chapters 23A-35 and 23A-37 apply to the search and seizure of violations of §40-1-10.1 and apply to the disposition of seized paraphernalia, implements, or other property or things used or employed, or about to be employed, in violation of §40-1-10.1. For the purposes of this section, animals seized pursuant to a violation of §40-1-10.1 are contraband and property of an illegal nature and may be destroyed pursuant to §23A-37-9.
Source:
SL 1985, ch 317, §2; SL 2014, ch 194, §12.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 01 - Cruelty Abuse And Injury To Animals › Section 40-1-12 - Allowing fatally injured or diseased animal to suffer needlessly prohibited--Violation as misdemeanor.

40-1-12. Allowing fatally injured or diseased animal to suffer needlessly prohibited--Violation as misdemeanor.
No person may keep any animal which is injured or diseased, past recovery, or unfit for any useful purpose and in suffering, or intentionally abandon to die any sick or disabled animal. A violation of this section is a Class 1 misdemeanor.
Source:
SDC 1939, §40.2206; SL 1977, ch 190, §448; SL 1991, ch 186, §7; SL 1991, ch 331, §27.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 01 - Cruelty Abuse And Injury To Animals › Section 40-1-13 - Euthanasia of fatally injured or diseased animal--Notice to euthanize--Violation as misdemeanor.

40-1-13. Euthanasia of fatally injured or diseased animal--Notice to euthanize--Violation as misdemeanor.
Any animal injured or diseased past recovery shall be euthanized within twelve hours in a manner prescribed in rule by the board, by the owner or person in possession of the animal, after having been notified by any law enforcement officer, any agent or officer of any humane society, or any agent of the board to euthanize the animal. A violation of this section is a Class 1 misdemeanor.
Source:
SDC 1939, §40.2206; SL 1991, ch 186, §8; SL 1991, ch 331, §§25, 27; SL 2014, ch 194, §13.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 01 - Cruelty Abuse And Injury To Animals › Section 40-1-14 - Corporate responsibility for knowledge and acts of agents.

40-1-14. Corporate responsibility for knowledge and acts of agents.
For the purposes of §§40-1-1 to 40-1-17, inclusive, knowledge and acts of agents of, and persons employed by, any corporation in regard to animals transported, owned, or employed by or in custody of such corporation, shall be held to be the knowledge and acts of such corporation as well as such agents or employees.
Source:
SDC 1939, §40.2201 (4).
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 01 - Cruelty Abuse And Injury To Animals › Section 40-1-16 - Regulated scientific experiments permitted--Inspection.

40-1-16. Regulated scientific experiments permitted--Inspection.
Nothing in this chapter may be construed to interfere with any properly conducted scientific experiments or investigations performed by personnel following guidelines, regulations, or requirements established by the United States Department of Agriculture and the United States Department of Health and Human Services. Any experiments or scientific investigation and facilities used under this section shall be open to inspection by the board.
Source:
SDC 1939, §40.2211; SL 1991, ch 331, §28; SL 2014, ch 194, §14.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 01 - Cruelty Abuse And Injury To Animals › Section 40-1-17 - Exemptions from chapters 40-1 and 40-2.

40-1-17. Exemptions from chapters 40-1 and 40-2.
Nothing in this chapter or chapter 40-2 may be construed to interfere with an animal under the direct and proper care of a licensed veterinarian or with persons engaged in standard and accepted agricultural pursuits or animal husbandry practices.
In addition, the following are exempt from the provisions of this chapter and chapter 40-2:
(1)Any usual and customary practice;
(a)In the production of food, feed, or fiber, including all aspects of the livestock industry;
(b)In the boarding, breeding, competition, exhibition, feeding, raising, service work, showing, training, transportation, and use of animals; or
(c)In the harvesting of animals for food or byproducts;
(2)Any humane killing of an animal;
(3)Any lawful hunting, trapping, fishing, or other activity authorized by the South Dakota Department of Game, Fish and Parks;
(4)Any lawful pest, vermin, predator, and animal damage control, including the disposition of wild animals;
(5)Any reasonable action taken by a person for the destruction or control of an animal known to be dangerous, a threat, or injurious to life, limb, or property; and
(6)Any actions taken by personnel or agents of the board, the Department of Agriculture and Natural Resources, Department of Game, Fish and Parks, or the United States Department of Agriculture in the performance of duties as prescribed by law.
Source:
SDC 1939, §40.2211; SL 1991, ch 331, §30; SL 2014, ch 194, §15; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 01 - Cruelty Abuse And Injury To Animals › Section 40-1-20 - Intentionally poisoning animal of another--Misdemeanor--Exceptions.

40-1-20. Intentionally poisoning animal of another--Misdemeanor--Exceptions.
Except as specifically provided for in this chapter, no person may intentionally administer poison to any animal that belongs to another, nor intentionally expose any poisonous substance so that it may be taken by an animal which belongs to another. A violation of this section is a Class 1 misdemeanor. This section may not be construed to prevent euthanasia by a licensed veterinarian with proper authority from the animal's owner nor may it prevent acts of euthanasia authorized by this chapter. This section may not be construed to prevent animal control activities conducted by municipalities or counties.
Source:
SDC 1939, §13.1428; SL 1977, ch 190, §452; SL 1991, ch 331, §31; SL 2014, ch 194, §16.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 01 - Cruelty Abuse And Injury To Animals › Section 40-1-21 - Killing, injuring, or mistreating animal of another as misdemeanor--Authorized euthanasia excepted.

40-1-21. Killing, injuring, or mistreating animal of another as misdemeanor--Authorized euthanasia excepted.
No person may intentionally kill any animal of any age or value, the property of another, nor intentionally injure or mistreat any such animal. A violation of this section is a Class 1 misdemeanor. This section may not be construed to prevent euthanasia by a licensed veterinarian with proper authority from the animal's owner nor may it prevent acts of euthanasia authorized by this chapter. This section may not be construed to prohibit euthanasia conducted by the municipality or under a municipality's animal control activities. This section may not be construed to prohibit activities conducted under chapter 40-34.
Source:
SDC 1939, §13.1426; SL 1977, ch 190, §453; SL 1991, ch 331, §32; SL 2014, ch 194, §17.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 01 - Cruelty Abuse And Injury To Animals › Section 40-1-23 - Potentially dangerous animal--Enclosure--Accompaniment by owner or caretaker--Restraint--Violation as misdemeanor.

40-1-23. Potentially dangerous animal--Enclosure--Accompaniment by owner or caretaker--Restraint--Violation as misdemeanor.
The owner or caretaker of a potentially dangerous animal shall keep such animal in a proper enclosure. If a potentially dangerous animal is not in a proper enclosure, it shall be directly accompanied by its owner or caretaker and confined or restrained in such a manner that, after investigation by the board, any peace officer, or any officer or agent of a humane society, it is not a dangerous animal. The ownership or possession of a dangerous animal in violation of this section is a Class 1 misdemeanor.
Source:
SL 1991, ch 331, §7.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 01 - Cruelty Abuse And Injury To Animals › Section 40-1-24 - Authority of officer or agent to control dangerous animal--Seizure, impoundment, or euthanasia authorized.

40-1-24. Authority of officer or agent to control dangerous animal--Seizure, impoundment, or euthanasia authorized.
Any peace officer, officer or agent of a humane society, or agent of the board may use all necessary means to control a dangerous animal so as not to immediately jeopardize the health or safety of themselves or others. Any officer or agent of a humane society, agent of the board, or peace officer may enter, search, and investigate premises, take testimony from owner and witnesses and seize, impound, or euthanize a dangerous animal.
Source:
SL 1991, ch 331, §8.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 01 - Cruelty Abuse And Injury To Animals › Section 40-1-25 - Administration and enforcement of provisions regarding livestock and dangerous animals--Promulgation of rules.

40-1-25. Administration and enforcement of provisions regarding livestock and dangerous animals--Promulgation of rules.
The board shall administer and enforce the provisions of this chapter concerning cattle, horses, sheep, swine, and other livestock. In addition, the board may address situations involving dangerous animals, including nonlivestock animals, under the provisions of §§40-1-23 and 40-1-24. The board may issue orders for the execution of the powers conferred upon it by this chapter. The board may promulgate rules, pursuant to chapter 1-26, which may address cattle, horses, sheep, swine, and other livestock and dangerous animals, and which shall include:
(1)Procedures for filing complaints;
(2)Reasons for and methods of euthanizing animals;
(3)Specific standards and accepted food, water, protection from the elements, sanitation facilities, and care;
(4)Procedures and methods for impoundment;
(5)Methods for transferring ownership of impounded animals;
(6)Methods of investigating reported inhumane treatment;
(7)Methods for contracting with law enforcement officers, humane societies, or others to serve as agents for the board;
(8)Methods for certifying the proper training for agents of the board;
(9)Procedures and criteria for the euthanasia of animals pursuant to §40-1-13; and
(10)Procedures for dealing with dangerous animals.
Source:
SL 1991, ch 331, §9; SL 1993, ch 306; SL 2014, ch 194, §18.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 01 - Cruelty Abuse And Injury To Animals › Section 40-1-28 - Inspection of premises authorized.

40-1-28. Inspection of premises authorized.
The board, any peace officer, or any agent or officer of a humane society may enter and inspect any premises necessary to carry out the provisions of this chapter.
Source:
SL 1991, ch 331, §17.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 01 - Cruelty Abuse And Injury To Animals › Section 40-1-29 - Investigation procedure.

40-1-29. Investigation procedure.
The board, any peace officer, or any agent or officer of a humane society may administer oaths, take statements, access memoranda, papers, and other documents, articles, and instruments, and may compel the disclosure by witnesses of all facts known to them relative to the matters under investigation pursuant to §40-1-28.
Source:
SL 1991, ch 331, §18.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 01 - Cruelty Abuse And Injury To Animals › Section 40-1-30 - Records of complaints--Public inspection.

40-1-30. Records of complaints--Public inspection.
Complaints of record made to the board, any peace officer, or any agent or officer of a humane society and results of investigations may be closed to public inspection except as provided by court order during investigatory and administrative process.
Source:
SL 1991, ch 331, §19.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 01 - Cruelty Abuse And Injury To Animals › Section 40-1-31 - Liability of officer or agent.

40-1-31. Liability of officer or agent.
No agent of the board, peace officer, or agent or officer of a humane society may be held liable as a result of reasonable actions taken pursuant to this chapter.
Source:
SL 1991, ch 331, §20.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 01 - Cruelty Abuse And Injury To Animals › Section 40-1-32 - Liability of parent or guardian for violation by minor.

40-1-32. Liability of parent or guardian for violation by minor.
A parent or guardian is civilly liable for any violation of this chapter committed by a minor in their custody.
Source:
SL 1991, ch 331, §26.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 01 - Cruelty Abuse And Injury To Animals › Section 40-1-34 - Disposition of impounded animals.

40-1-34. Disposition of impounded animals.
An animal impounded under this chapter shall, within reasonable time at the direction of the board, any agent or officer of a humane society, or any peace officer be disposed of by:
(1)Returning to the owner or caretaker;
(2)Transferring ownership to a humane society as described in chapter 40-2;
(3)Euthanizing;
(4)Sold through public auction;
(5)Transferring ownership to a suitable caretaker or facility as prescribed in rule by the board; or
(6)Any other disposition as determined by the board, any agent or officer of a humane society, or any peace officer in accordance with rules promulgated pursuant to §40-1-25.
Source:
SL 1991, ch 331, §34.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 01 - Cruelty Abuse And Injury To Animals › Section 40-1-35 - Contract to enforce livestock provisions.

40-1-35. Contract to enforce livestock provisions.
The board may contract with a humane society incorporated pursuant to chapter 40-2 to enforce the provisions of this chapter concerning cattle, horses, sheep, swine, and other livestock.
Source:
SL 1991, ch 331, §35.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 01 - Cruelty Abuse And Injury To Animals › Section 40-1-36 - Unattended animals in standing or parked vehicles--Authority to remove--Liability for removal.

40-1-36. Unattended animals in standing or parked vehicles--Authority to remove--Liability for removal.
No owner or caretaker may leave a dog, cat, or other small animal unattended in a standing or parked vehicle in a manner that endangers the health or safety of such animal. Reasonable force may be used to remove such animal by any peace officer or agent or officer of any humane society. No such person may be held civilly or criminally liable for any damage caused by removing such animal from a vehicle.
Source:
SL 1991, ch 331, §37.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 01 - Cruelty Abuse And Injury To Animals › Section 40-1-37 - Use of weapons or tranquilizing agents to control dangerous animals.

40-1-37. Use of weapons or tranquilizing agents to control dangerous animals.
Any agent of the board, any peace officer, or any agent or officer of a humane society may use weapons, tranquilizing agents, or similar items in controlling dangerous animals, impounding animals, or handling animal problems if such use is in accordance with the provisions of this chapter.
Source:
SL 1991, ch 331, §38.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 01 - Cruelty Abuse And Injury To Animals › Section 40-1-38 - Harassment of service animal accompanying disabled person prohibited.

40-1-38. Harassment of service animal accompanying disabled person prohibited.
No person may maliciously beat, injure, attempt to injure, harass, intimidate, entice, distract, or otherwise interfere with any service animal accompanying a person with a disability if the service animal is being controlled by the person and the service animal is wearing a harness or other control device normally used for service animals accompanying or leading persons with disabilities. A violation of this section is a Class 2 misdemeanor.
Source:
SL 1995, ch 234, §1.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 01 - Cruelty Abuse And Injury To Animals › Section 40-1-39 - Rebuttable presumption of maliciousness.

40-1-39. Rebuttable presumption of maliciousness.
In a prosecution for a violation of §40-1-38, evidence that the defendant initiated or continued conduct as described in §40-1-38 after being requested to discontinue that conduct or similar conduct by a person with a disability being served or assisted by the service animal gives rise to a rebuttable presumption that the conduct was initiated or continued maliciously. A conviction and imposition of a sentence under §§40-1-38 to 40-1-40, inclusive, does not prevent a conviction and imposition of a sentence under any other applicable provision of law.
Source:
SL 1995, ch 234, §2.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 01 - Cruelty Abuse And Injury To Animals › Section 40-1-40 - Harassment defined--Malicious act defined.

40-1-40. Harassment defined--Malicious act defined.
For purposes of §§40-1-38 to 40-1-40, inclusive, harass means to engage in any conduct directed toward a service animal that is likely to impede or interfere with the animal's performance of its duties or that places the person with a disability who is being served or assisted by the animal in danger of injury. For purposes of §§40-1-38 to 40-1-40, inclusive, maliciously means actions conducted with the intent to assault, beat, harass, or injure a service animal; actions conducted with the intent to impede or interfere with duties performed by a service animal; actions conducted with the intent to disturb, endanger, or cause emotional distress to a person being served or assisted by a service animal; actions conducted with knowledge that the actions will, or are likely to, harass or injure a service animal; actions conducted with knowledge that the actions will, or are likely to, impede or interfere with duties performed by a service animal; and actions conducted with the knowledge that the actions will, or are likely to, disturb, endanger, or cause emotional distress to a person with a disability being served or assisted by a service animal.
Source:
SL 1995, ch 234, §3.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 02 - Humane Societies › Section 40-2-1 - Incorporation of society--Number of incorporators--Authorization by county to exercise statutory privileges and authority.

40-2-1. Incorporation of society--Number of incorporators--Authorization by county to exercise statutory privileges and authority.
Any three or more citizens of this state organized pursuant to chapter 47-22 as a nonprofit corporation in this state, for the purpose of preventing cruelty to animals, may avail themselves of the privileges of this chapter through an animal control officer subject to the limitations in §§40-2-6 and 40-2-7. The board of county commissioners in each county may grant authority to exercise the privileges and authority granted by this section to one or more qualified nonprofit corporations for a period of up to three years based upon ability to fulfill the purposes of this chapter.
Source:
SDC 1939, §40.2203; SL 2006, ch 211, §1; SL 2014, ch 194, §22.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 02 - Humane Societies › Section 40-2-4 - Limitation on activities.

40-2-4. Limitation on activities.
Except as provided in chapter 40-1, the activities of any humane society incorporated pursuant to this chapter for the prevention of neglect, abandonment, mistreatment, or cruelty to animals, as provided in chapter 40-1 or this chapter, are limited to animals other than cattle, horses, sheep, swine, and other livestock.
Source:
SL 1991, ch 331, §39; SL 2014, ch 194, §24.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 02 - Humane Societies › Section 40-2-5 - Contract for animal control services.

40-2-5. Contract for animal control services.
Nothing in chapter 40-1 or this chapter may prohibit any county or municipality from contracting with an incorporated society to provide animal control services, to enforce county or municipal ordinances or to enforce the provisions of chapter 40-1 within the jurisdiction of the county or municipality.
Source:
SL 1991, ch 331, §41.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 02 - Humane Societies › Section 40-2-6 - Animal control officers--Appointments--Judicial authorization.

40-2-6. Animal control officers--Appointments--Judicial authorization.
The board of directors of a humane society incorporated pursuant to §40-2-1 may appoint society members to act as animal control officers. The appointment shall be in writing. The appointment is effective in a particular county only if an appointee obtains written authorization from a circuit court judge having jurisdiction in the county in which the appointee seeks to enforce this chapter or chapter 40-1. To obtain judicial authorization, an appointee seeking judicial authorization shall provide evidence satisfactory to the judge that the appointee has experience, education, or training that has prepared the appointee to assume the powers granted to animal control officers pursuant to §40-2-7. The board of directors shall review appointments every three years and may revoke an appointment at any time by filing a certified revocation with the circuit court that approved the appointment. Any authorization may not exceed three years or trustee termination, whichever occurs first.
Source:
SL 2006, ch 211, §2.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 02 - Humane Societies › Section 40-2-7 - Enforcement by law enforcement officer or animal control officer--Powers.

40-2-7. Enforcement by law enforcement officer or animal control officer--Powers.
Any law enforcement agency may enforce the provisions of this chapter or chapter 40-1. An animal care and control agency may enforce the provisions of this chapter or chapter 40-1 in a county or municipality if the legislative authority of the county or municipality has entered into a contract with the agency to enforce the provisions of this chapter and chapter 40-1. An animal control officer enforcing this chapter or chapter 40-1 shall comply with the same constitutional and statutory restrictions concerning the execution of police powers imposed on a law enforcement officer who enforces this chapter, chapter 40-1, and other criminal laws. An animal control officer has the following enforcement powers when enforcing this chapter:
(1)The power to issue citations based on probable cause to offenders for misdemeanor and felony violations of this chapter or chapter 40-1;
(2)The power to request that a law enforcement officer arrest and take into custody any person the animal control officer has probable cause to believe has committed or is committing a violation of this chapter or chapter 40-1. An animal control officer may make an oral complaint to a prosecuting attorney or a law enforcement officer to initiate an arrest. The animal control officer causing the arrest shall file with the arresting agency a written complaint within twenty-four hours of the arrest, excluding Sundays and legal holidays, stating the alleged act or acts constituting a violation;
(3)The power to carry protective devices, other than firearms, for personal protection;
(4)The power to prepare affidavits in support of search warrants and to execute search warrants when accompanied by law enforcement officers to investigate violations of this chapter or chapter 40-1, and to seize evidence of those violations.
Source:
SL 2006, ch 211, §3.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 02 - Humane Societies › Section 40-2-8 - Animal care and control agency defined.

40-2-8. Animal care and control agency defined.
For the purposes of this chapter and chapter 40-1, an animal care and control agency is any municipal or county animal control agency or authority authorized to enforce municipal or county ordinances regulating the care, control, licensing, or treatment of animals within the municipality or county, and any nonprofit corporation organized under §40-2-1 that contracts with a municipality or county to enforce the municipal or county ordinances governing animal care and control.
Source:
SL 2006, ch 211, §4.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 02 - Humane Societies › Section 40-2-9 - Animal control officer defined.

40-2-9. Animal control officer defined.
For the purposes of this chapter and chapter 40-1, an animal control officer is any person employed, contracted, or appointed pursuant to §40-2-7 by an animal care and control agency or humane society to aid in the enforcement of ordinances or laws regulating the care and control of animals.
Source:
SL 2006, ch 211, §5.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 03 - State Animal Industry Board › Section 40-3-1 - Continuation of board--Statutory references to board.

40-3-1. Continuation of board--Statutory references to board.
The State Animal Industry Board is continued as a board of state government. The terms "board" or "state board" when used throughout chapters 40-3 to 40-17, inclusive, refer to the State Animal Industry Board unless a different intention is clear.
Source:
SDC 1939, §40.0101; SL 1953, ch 210; SL 1990, ch 325, §1.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 03 - State Animal Industry Board › Section 40-3-1.1 - Reports by board to agriculture department--Administrative functions restored to board--Other independent functions.

40-3-1.1. Reports by board to agriculture department--Administrative functions restored to board--Other independent functions.
The State Animal Industry Board is assigned to the South Dakota Department of Agriculture and Natural Resources only to the extent that the board shall report to the Department of Agriculture and Natural Resources. The board retains responsibility for employment of all personnel working for such board and retains responsibility for all funds of the board and all expenditures thereof, subject only to a report thereon being made to the secretary of agriculture and natural resources. The board retains the quasi-judicial, quasi-legislative, advisory, special budgetary, and other functions (as defined in §1-32-1) otherwise vested in it and shall exercise those functions independently of the secretary of agriculture and natural resources.
Source: SL 1973, ch 2, §132; SL 1977, ch 319; SL 1990, ch 325, §2; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 03 - State Animal Industry Board › Section 40-3-2 - Composition of board--Appointment and terms of office--Vacancies.

40-3-2. Composition of board--Appointment and terms of office--Vacancies.
The Animal Industry Board shall consist of seven members appointed by the Governor. Any interested farm, commodity, livestock auction or livestock commission, or veterinary organization may submit nominations to the Governor from which appointments may be made. Each term is for a period of three years and until the successor is appointed and qualified. Any vacancy may be filled by appointment of the Governor for the balance of the unexpired term.
The terms of members begin on October thirty-first of the calendar year in which the Governor appoints the member, unless otherwise designated by the Governor. The appointee's term expires on October thirtieth in the third year of appointment.
Any member's term ending June 30, 2013, or thereafter is extended to October thirtieth in the year the term is to expire.
Source:
SDC 1939, §40.0101; SL 1953, ch 210; SL 1979, ch 266, §1; SL 1990, ch 325, §3; SL 2012, ch 16, §19; SL 2013, ch 176, §12.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 03 - State Animal Industry Board › Section 40-3-3 - Qualifications of board members--Oath of office.

40-3-3. Qualifications of board members--Oath of office.
All members of the Animal Industry Board shall be residents and electors of the state; one member shall be a cattleman, one member shall be a sheepman, one member shall be a livestock feeder, one member shall be a hog producer, one member shall be an owner-operator of a livestock auction or commission company, one member shall be a dairy producer, one member shall be a veterinarian who is actively engaged in practice in the state. All members, other than the veterinarian, shall be persons actively and actually raising or marketing livestock within the state. The members shall qualify by taking and subscribing the oath of office required of other civil officers of the state.
Source:
SDC 1939, §40.0101; SL 1953, ch 210; SL 1979, ch 266, §2; SL 1990, ch 325, §4.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 03 - State Animal Industry Board › Section 40-3-4 - President and vice-president of board.

40-3-4. President and vice-president of board.
The Animal Industry Board shall elect a president and vice-president from among their number for a term of one year beginning with the annual meeting at which they are elected.
Source:
SDC 1939, §40.0101; SL 1953, ch 210; SL 1990, ch 325, §5.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 03 - State Animal Industry Board › Section 40-3-5 - Appointment of executive secretary--Qualifications--Term of office.

40-3-5. Appointment of executive secretary--Qualifications--Term of office.
The Animal Industry Board shall appoint an executive secretary who shall be a veterinarian and a graduate of a recognized and approved college of veterinary medicine. He may not be a member of the board. His term of office shall be for one year and until his successor is appointed and qualified.
Source:
SDC 1939, §40.0101; SL 1953, ch 210; SL 1990, ch 325, §6.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 03 - State Animal Industry Board › Section 40-3-6 - Employment of other personnel by board.

40-3-6. Employment of other personnel by board.
The Animal Industry Board may employ and dismiss, at its pleasure, without cause, such other assistants and employees as may be necessary in performance of its duties.
Source:
SDC 1939, §40.0101; SL 1953, ch 210; SL 1990, ch 325, §7.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 03 - State Animal Industry Board › Section 40-3-7 - Compensation and duties of executive secretary and employees--Per diem and expenses of board members and employees.

40-3-7. Compensation and duties of executive secretary and employees--Per diem and expenses of board members and employees.
The compensation and duties of the executive secretary and other assistants and employees of the Animal Industry Board shall be fixed by the board pursuant to chapter 3-6D. Each board member shall receive as compensation for the board's services the amount provided by law for each day necessarily employed in the performance of the board's duties and compensation and the expenses of members, secretaries, assistants, and employees, necessarily incurred in performance of public duty shall be paid from public funds.
Source:
SDC 1939, §40.0101; SL 1953, ch 210; SL 1990, ch 325, §8; SL 2018, ch 12, §21.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 03 - State Animal Industry Board › Section 40-3-8 - Meetings of board.

40-3-8. Meetings of board.
The Animal Industry Board shall hold its meetings in Pierre at such times as it designates, but there may not be more than four regular meetings each year, including the annual meeting which shall be held on the first Tuesday after the second Monday in July of each year, at which meeting the president and vice-president shall be elected for the ensuing year. However, the president of the board may call special meetings whenever and wherever in the state he considers necessary.
Source:
SDC 1939, §40.0102; SL 1939, ch 149, §1; SL 1990, ch 325, §9.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 03 - State Animal Industry Board › Section 40-3-9 - Scope of responsibilities of board.

40-3-9. Scope of responsibilities of board.
The Animal Industry Board shall protect the health of livestock including poultry in South Dakota, determine and employ the most efficient and practical means for prevention, suppression, control, and eradication of dangerous, contagious, infectious, or transmissible diseases among the domestic animals of the State of South Dakota, of inspection and regulation of livestock auction sales yards, and of rendering plants.
Source:
SDC 1939, §40.0103; SL 1945, ch 170; SL 1990, ch 325, §10.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 03 - State Animal Industry Board › Section 40-3-10 - Poultry included in responsibility of board.

40-3-10. Poultry included in responsibility of board.
In Title 40, the terms "livestock," "domestic animals" and "nondomestic animal" include poultry, unless a different intention is clearly implied.
Source:
SDC 1939, §40.0103 as added by SL 1945, ch 170; SL 1990, ch 325, §11.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 03 - State Animal Industry Board › Section 40-3-11 - Executive secretary as state veterinarian--General duties and responsibilities.

40-3-11. Executive secretary as state veterinarian--General duties and responsibilities.
The executive secretary of the Animal Industry Board shall act as state veterinarian and shall secure all information he can obtain regarding the existence of contagious, infectious, or transmissible diseases of livestock and execute all orders, rules, and regulations made by the board and present at the regular meetings of the board detailed reports of all matters connected with the work done by him during the period preceding the meeting.
Source:
SDC 1939, §40.0104; SL 1990, ch 325, §12.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 03 - State Animal Industry Board › Section 40-3-12 - State university veterinary diagnostic laboratory to assist board--Examinations.

40-3-12. State university veterinary diagnostic laboratory to assist board--Examinations.
The South Dakota State University shall furnish the services of its veterinary diagnostic laboratory to the Animal Industry Board, and it shall make diagnostic examinations of all diseased animals or of such material as may be forwarded to it by the board.
Source:
SDC 1939, §40.0112; SL 1990, ch 325, §13.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 03 - State Animal Industry Board › Section 40-3-14 - Orders of board--Promulgation of rules.

40-3-14. Orders of board--Promulgation of rules.
The Animal Industry Board may make all such orders for the execution of the powers conferred upon it and the performance of its duties, to effectuate, enforce, and carry out promptly and efficiently the provisions of the statutes relating to its duties, powers, and jurisdiction. The board may likewise amend or repeal all such orders. The board may promulgate rules pursuant to chapter 1-26 concerning:
(1)The definition of items used to administer this chapter;
(2)Declaratory rulings;
(3)The control and eradication of livestock diseases and parasites;
(4)The regulation of bovine tuberculosis;
(5)The regulation of the importation of animals;
(6)The regulation and licensure of livestock auctions and stockyards;
(7)The regulation and licensure of livestock dealers;
(8)The setting of livestock inspection fees;
(9)The regulation and licensure of rendering establishments and pet food processing plants;
(10)The establishment of swine identification and maintenance of records;
(11)The regulation of livestock exhibits;
(12)The use of federal methods and rules for meat inspection;
(13)The regulation of refrigerated locker plants; and
(14)The regulation of nondomestic animals.
However, the board shall exercise its regulatory and quarantine powers in a manner that affects the minimum geographical area reasonably necessary to control or eradicate disease.
Source:
SDC 1939, §40.0103; SL 1945, ch 170; SL 1981, ch 290; SL 1986, ch 326, §83; SL 1990, ch 325, §15; SL 2012, ch 199, §2; SL 2013, ch 202, §145.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 03 - State Animal Industry Board › Section 40-3-15 - Publication of bulletins by board.

40-3-15. Publication of bulletins by board.
Bulletins containing the rules of the Animal Industry Board together with such information relating to animals as shall be calculated to promote the purposes of this chapter, may be distributed from time to time by the board to the newspapers of the state, to all persons dealing in such animals, to the proper officers of all transportation companies doing business in this state, and to any citizen of this state upon application therefor. The cost of the bulletins shall be paid out of funds appropriated for the maintenance of the board.
Source:
SDC 1939, §40.0109; SL 1990, ch 325, §16.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 03 - State Animal Industry Board › Section 40-3-16 - Access to property and inspections by board.

40-3-16. Access to property and inspections by board.
The Animal Industry Board has the right of access to, and inspection of, any place or property if necessary to carry out the powers and duties of the board, or to enforce its rules and orders.
Source:
SDC 1939, §40.0105; SL 1990, ch 325, §17.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 03 - State Animal Industry Board › Section 40-3-17 - Examination of witnesses by board--Administration of oaths--Subpoena power.

40-3-17. Examination of witnesses by board--Administration of oaths--Subpoena power.
Any member or agent of the Animal Industry Board may examine, under oath, any person believed to possess knowledge of material facts concerning the existence or dissemination or danger of disease among animals, and, for such purpose, has all the powers vested in notaries public to administer oaths, to take depositions, and to compel witnesses to attend and testify.
Source:
SDC 1939, §40.0105; SL 1990, ch 325, §18.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 03 - State Animal Industry Board › Section 40-3-18 - Fees and mileage of witnesses before board.

40-3-18. Fees and mileage of witnesses before board.
Witnesses attending or testifying pursuant to §40-3-17 shall receive the same fees and mileage as witnesses in the circuit court, to be paid out of the funds appropriated for the enforcement of this chapter, upon vouchers duly approved by the executive secretary of the Animal Industry Board.
Source:
SDC 1939, §40.0105; SL 1990, ch 325, §19.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 03 - State Animal Industry Board › Section 40-3-19 - Enforcement of board orders by sheriff or law enforcement officer.

40-3-19. Enforcement of board orders by sheriff or law enforcement officer.
The Animal Industry Board may call upon any sheriff or law enforcement officer to execute its orders. Any sheriff or law enforcement officer shall obey the orders of the board.
Source:
SDC 1939, §40.0106; SL 1990, ch 325, §20.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 03 - State Animal Industry Board › Section 40-3-20 - Disposition of fees collected.

40-3-20. Disposition of fees collected.
All fees collected by the Animal Industry Board shall be deposited in the state treasury.
Source:
SDC 1939, §40.0113; SL 1990, ch 325, §21.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 03 - State Animal Industry Board › Section 40-3-21 - Administrative expenses paid from appropriated funds.

40-3-21. Administrative expenses paid from appropriated funds.
The salaries and expenses incurred by the Animal Industry Board in administering the statutes within its jurisdiction and in exercise of its powers and duties shall be paid out of funds appropriated for that purpose.
Source:
SDC 1939, §40.0114; SL 1990, ch 325, §22.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 03 - State Animal Industry Board › Section 40-3-22 - Annual report to Governor.

40-3-22. Annual report to Governor.
On the first day of September in each year the Animal Industry Board shall make an annual report to the Governor which shall be published by the State of South Dakota.
Source:
SDC 1939, §40.0116; SL 1980, ch 10, §10; SL 1990, ch 325, §23.