An Act to provide for the election of State Brand Board members.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That chapter 40-18 be amended with a NEW SECTION:

The State Brand Board consists of five members until December 31, 2023, at which time the term of each such member expires.

Beginning January 1, 2024, the State Brand Board consists of seven members. Each member shall, in accordance with this Act, be elected from and represent a district as follows:

(1) Harding, and Perkins counties;

(2) Butte, Lawrence, and Meade counties;

(3) Haakon county, except as otherwise provided for in subdivision (7), and Stanley county;

(4) Custer, Fall River, and Pennington counties;

(5) Gregory, Jones, Mellette, and Tripp counties, and those portions of Jackson and Lyman counties that do not lie within the boundaries of an Indian reservation;

(6) All counties east of the Missouri River;

(7) Bennett, Corson, Dewey, Ogalala Lakota, Todd, and Ziebach counties, and those portions of Haakon, Jackson, and Lyman counties that lie within the boundaries of an Indian reservation.

Section 2. That chapter 40-18 be amended with a NEW SECTION:

No later than October first, prior to the expiration of a State Brand Board member's term of office, the board shall call for the nomination of qualified candidates to fill the office. The board shall disseminate information regarding the nomination process and the election by, at a minimum, posting the information on its website and social media, in livestock publications, and at livestock auction markets.

Section 3. That chapter 40-18 be amended with a NEW SECTION:

A person is deemed eligible to be nominated for membership on the State Brand Board if the person verifies, on a nominating petition, that the person:

(1) Is at least eighteen years of age;

(2) Resides in the district that the person seeks to represent;

(3) Holds at least one brand registered with the board; and

(4) Derives the major portion of the person's income from the livestock business.

Section 4. That chapter 40-18 be amended with a NEW SECTION:

The State Brand Board shall, in consultation with the secretary of state, create nominating petitions for use in accordance with the board elections.

The board shall forward blank nominating petitions to any person, upon request, and shall make blank petitions available on its website.

Each nominating petition must be:

(1) Signed by the candidate;

(2) Signed by five other persons who meet the qualifications set forth in section 3 of this Act; and

(3) Submitted to the board before 5:00 p.m. on October twentieth.

Section 5. That chapter 40-18 be amended with a NEW SECTION:

No later than November first, the board shall prepare a ballot containing the names of all qualified candidates who were properly nominated and mail the ballot to each person, eighteen years of age or older, in whose name a brand is registered, at the address listed in the records of the board, together with:

(1) A stamped, self-addressed envelope, for the return of the completed ballot;

(2) Information regarding the deadline for returning the ballot;

(3) Information regarding the time and place at which ballots are to be tabulated; and

(4) Information regarding opportunities to observe the tabulations.

Any person who has multiple brands registered in the person's name is entitled to only one ballot.

Section 6. That chapter 40-18 be amended with a NEW SECTION:

In order to be tabulated, the original ballot must be returned to the Department of Agriculture and Natural Resources, before 5:00 p.m. on the first Monday in December. Beginning at 9:00 a.m., on the first Tuesday in December, the department shall open and tabulate all ballots received prior to the deadline and announce the outcome of the vote. Any interested person is permitted to be present and observe the tabulation.

Section 7. That chapter 40-18 be amended with a NEW SECTION:

All costs of holding a State Brand Board election are the responsibility of the board.

Section 8. That   40-18-3 be AMENDED:

40-18-3. Appointments to the board shall be made for terms ofThe term of office for each member of the State Brand Board is three years expiring and begins on the first Monday in day of January in each year. In case of vacancy prior to expiration of a term, appointment shall be made. The term of office for the initial seven members must be staggered by lot so that no more than three expire in any one year.

If at any time during a member's term the member ceases to possess any of the qualifications set forth in section 3 of this Act, or if the office becomes vacant for any other reason, the board, by majority vote, shall appoint another qualified individual to serve for the balance of the unexpired term only. However, the initial appointments to be made pursuant to SL 2004, ch 259 shall be made for staggered terms of one, two, two, three, and three years.

Section 9. That chapter 40-18 be amended with a NEW SECTION:

The State Brand Board shall, for the period beginning January 1, 2024, and ending December 31, 2025, appoint two persons to serve as nonvoting advisory members. Each person so appointed shall:

(1) Be a current resident of this state; and

(2) Be a former member of the board who served in that capacity for at least three years.

Section 10. That   40-18-5 be AMENDED:

40-18-5. Three Four members of the board shall constitute a quorum for the transaction of business, but the. An affirmative vote of three four