An Act to permit electronic livestock auctions.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That 40-15-1 be AMENDED.
40-15-1. Livestock auction agency Definition--Exceptions.
Any
person operating The
term, livestock auction agency, as used in this chapter, means a
place of business where
at
which livestock
are
is
bought and sold
through public auction,
including livestock buying stations not buying and selling through
public auction, is a livestock auction agency, except any.
It does not include:
(1) Any
place
or operation where
at which future
farmers
or,
4-H groups
or,
fair associations,
or private fairs conduct sales of livestock,
any;
(2) Any
place
or operation conducted for
at which there is
a dispersal sale of the
livestock
of
belonging
to a farmer,
dairyman, livestock breeder, or feeder,
who is discontinuing said
business
and,
if no other
livestock is sold or offered for sale,
and any;
(3) Any
place
of operation where
at which a
breeder or an association of livestock
breeders of
livestock assemble
and,
offer for sale,
and sell livestock
under their own
management
any livestock;
or
(4) Any person who engages in the business of buying or selling livestock, on a commission or other fee basis, using online, video, or other electronic methods, in accordance with the Packers and Stockyards Act, 1921, as amended, 7 U.S.C. 182, et seq.
Section 2. That 40-15-13.2 be AMENDED.
40-15-13.2. Promulgation of rules--Scales--Fees.
The board shall promulgate rules, pursuant to chapter 1-26, to ensure that:
(1) That
livestock Livestock
for immediate
slaughter,
sold on a carcass basis
are,
is weighed on
livestock scales certified by the United States Packers and
Stockyards Administration for weighing livestock on a carcass basis;
and
(2) That
livestock Livestock
for immediate
slaughter,
sold on a live basis
are,
is weighed on
livestock scales certified by the United States Packers and
Stockyards Administration for weighing such livestock;
and
(3) That
a fee is assessed for all livestock sold by electronic auction on a
per head basis in an amount equal to ten percent of the minimum
inspection fees as provided for in 40-15-17.
Section 3. That 40-15-31.1 be REPEALED.
40-15-31.1. Electronic auction--Regulation--Licensure.
Section 4. That 40-15-31.2 be REPEALED.
40-15-31.2. Electronic auction--Delivery.