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PAG LIN 1 1 Section 1. Section 169A.1, Code 1995, is amended to read 1 2 as follows: 1 3 169A.1 DEFINITIONS. 1 4 When used in this chapter: 1 5 1. "Brand" means an identification mark that is burned 1 6 into the hide of a live animal by a hot iron or another method 1 7 approved by the secretary. A brand shall include a cryo- 1 8 brand. 1 9 2."Cryo-branding""Cryo-brand" means a brand produced by 1 10 application of extreme cold temperature. 1 113. "Person" means an individual, firm, association,1 12partnership, or corporation; the singular shall also mean the1 13plural where applicable.1 14 3. "Livestock" means horses, cattle, sheep, mules, or 1 15 asses. 1 16 Sec. 2. Section 169A.2, Code 1995, is amended to read as 1 17 follows: 1 18 169A.2 ADOPTION OF BRAND. 1 19 Any personhaving cattle, sheep, horses, mules, or asses1 20shall have the right toowning livestock may adopt a brand for 1 21 theuse of which thepurpose of branding the livestock. The 1 22 person shall have the exclusive right to use the brand in this 1 23 state, after recordingsuchthe brand as provided in sections 1 24 169A.4 and 169A.6 or 169A.9. 1 25 Sec. 3. Section 169A.3, Code 1995, is amended to read as 1 26 follows: 1 27 169A.3 MUST BE RECORDED. 1 28No evidenceEvidence of an animal's ownership shall not be 1 29 established in court by the animal's brand,shall be permitted1 30in any court in this stateunless the animal is livestock, the 1 31 brandshall becomplies with the requirements of this chapter, 1 32 and the brand is recorded as provided in sections 169A.4 and 1 33 169A.6 or 169A.9.In no case shall cryo-brands be accepted as1 34evidence of ownership.1 35 Sec. 4. Section 169A.6, Code 1995, is amended to read as 2 1 follows: 2 2 169A.6 CERTIFIEDCOPIESCOPY FURNISHED. 2 3 As soon as the brand is recorded by the secretary, the 2 4 secretary shall furnish the ownerthereofof the brand with 2 5twoa certifiedcopiescopy of the record ofsuchthe brand. 2 6 Sec. 5. Section 169A.7, Code 1995, is amended to read as 2 7 follows: 2 8 169A.7 UNLAWFUL USE OF BRAND &endash; PENALTY. 2 9It shall be unlawful toA person shall not use any brand 2 10 for brandingany horses, cattle, sheep, mules, or asses2 11 livestock, unless the brand has been recorded as provided by 2 12 this chapter.Hot brands and cryo-brandsA person may use an 2 13 unrecorded hot brand or an unrecorded cryo-brand, consisting 2 14 only of Arabic numeralsonly,may be usedif the person uses 2 15 the unrecorded brand in conjunction with the person's recorded 2 16brandsbrand, and only forwithin the herd identification and2 17as such shall not be recorded; and when so usedpurposes of 2 18 identifying animals within a herd. However, the unrecorded 2 19 brand shall not be evidence of ownership.AnyoneA person 2 20 convicted of violating this section shall be guilty ofa2 21simplean aggravated misdemeanor. 2 22 Sec. 6. Section 169A.10, Code 1995, is amended to read as 2 23 follows: 2 24 169A.10 EVIDENCE OF OWNERSHIP. 2 25 Inall suitsa suit at law or equity or in any criminal 2 26 proceedings in which the title toanimalslivestock is an 2 27 issue,thea certifiedcopiescopy recorded as provided for in 2 28 section 169A.6 or 169A.9 shall be prima facie evidence of the 2 29 ownership ofsuch animalthe livestock by the person in whose 2 30 name the brand is recorded.Disputes inA dispute involving 2 31 the custody or ownership ofbranded animalslivestock branded 2 32 under this chapter shall be investigated, on request, by the 2 33 sheriff of the county where theanimals arelivestock is 2 34 locatedand the. The sheriff may call upon the services of an 2 35 authorized person, approved by the secretaryof agriculture, 3 1 in reading the brands on animals. The cost ofsuchthe 3 2 services shall bebornepaid by the person requesting the 3 3 investigation. The results of the sheriff's investigation 3 4 shall be a public record andbeis admissibleinas evidence. 3 5 Sec. 7. Section 169A.11, Code 1995, is amended to read as 3 6 follows: 3 7 169A.11 PUBLICATION OF BRANDS LIST. 3 8It shall be the duty of theThe secretary from time to time 3 9toshall cause to be published in book form a list of all 3 10 brands on record at the time ofsuchthe publication.Such3 11 The secretary may supplement the listsmay be supplemented3 12 from time to time. The publication shall contain a facsimile 3 13 of all brands recorded and the owner's name and post-office 3 14 address. The records shall be arranged in convenient form for 3 15 reference.It shall be the duty of theThe secretaryto send3 16 shall deliver one copy of the brand book and supplements to 3 17 thecounty recordersheriff of each county.SuchThe books 3 18 and supplements shall be delivered without cost to the county 3 19and. The books and supplements shall bekept as a matter of3 20 publicrecordrecords as provided in chapter 22. The 3 21 secretary may sell the books and supplementsmay be soldto 3 22 the general public at the cost of printing and mailing each 3 23 book. 3 24 Sec. 8. Section 169A.13, Code 1995, is amended to read as 3 25 follows: 3 26 169A.13 FEE EACH FIFTH YEAR. 3 27 Each owner of a brand of record beginning on January 1, 3 28 1970, shall pay to the secretary a fee of five dollars and a 3 29 renewal fee on January 1 of each fifth year after the payment 3 30 of the five dollar fee, or on January 1 of each fifth year 3 31 following the original recording of a brand recorded after 3 32 June 30, 1975. The amount of the renewal fee required for 3 33 January 1, 1976, and each year thereafter shall be established 3 34 by rule of the secretary pursuant to chapter 17A.SuchThe 3 35 amount of the fee shall be based upon the administrative costs 4 1 of maintaining the brand program provided for in this chapter. 4 2It shall be the duty of theThe secretarytoshall notify 4 3 every owner of a brand of record at least thirty days prior to 4 4 the date of the renewal period.The secretary shall give a4 5receipt for all such payments made and if anyIf the owner of 4 6 a brand of recordshall fail, refuse, or neglect todoes not 4 7 paysuchthe fee by July 1 of each year in which it is due, 4 8suchthe owner shall forfeit the brandshall become forfeited4 9 andnothe brand shall no longercarried in the recordbe 4 10 recorded.Any suchA forfeited brand shall not be issued to 4 11 any other personwithin a period of less thanfor five or more 4 12 years following date of forfeiture. 4 13 Sec. 9. NEW SECTION. 169A.16 ELIMINATION OF COMPETING 4 14 BRANDS &endash; FEE WAIVER. 4 15 The department shall notify any person who has registered a 4 16 brand pursuant to this chapter, if the brand is the same as 4 17 another brand registered pursuant to this chapter. The notice 4 18 shall provide that effective July 1, 1996, all duplicate 4 19 brands shall be eliminated based on the priority established 4 20 pursuant to this section. First, brands shall be eliminated 4 21 which are not used to mark or identify livestock, if duplicate 4 22 brands are used to mark or identify livestock. Second, all 4 23 brands shall be eliminated except for the brand which was 4 24 registered pursuant to this chapter for the longest period of 4 25 time. In calculating the date of registration, the department 4 26 shall not count any period during which a registration has 4 27 lapsed. The transfer of a brand under this chapter shall not 4 28 affect the brand's registration date. A person whose brand 4 29 has been eliminated and who registers a new brand under this 4 30 chapter is not required to pay a recording fee as provided in 4 31 section 169A.4. 4 32 Sec. 10. REPEALS. 4 33 1. Section 169A.15, Code 1995, is repealed. 4 34 2. Section 169A.16, as enacted in this Act, is repealed on 4 35 July 1, 1998. 5 1 EXPLANATION 5 2 This bill amends chapter 169A, which provides for the 5 3 brands registered with the department of agriculture and land 5 4 stewardship. Currently, the chapter provides that a cryo- 5 5 brand cannot be registered. This bill provides that a cyro- 5 6 brand is eligible for registration. A cyro-brand is a brand 5 7 produced by application of extreme cold temperature. Section 5 8 169A.6 provides that once a brand is recorded, the owner must 5 9 receive two certified copies of the record. The bill provides 5 10 that the department is not required to furnish more than one 5 11 copy. Section 169A.7 provides that a person who uses an 5 12 unlawful brand is guilty of a simple misdemeanor. The bill 5 13 provides that the violation is an aggravated misdemeanor. 5 14 Section 169A.11 provides that a copy of a brand book and 5 15 supplements must be delivered to the county recorder. The 5 16 bill provides that the county sheriff is responsible for 5 17 maintaining the brand book. Section 169A.13 provides that the 5 18 secretary of agriculture must provide a receipt for payments 5 19 made for renewals. The bill eliminates this requirement. The 5 20 bill provides that the department must eliminate brands which 5 21 are duplicated effective July 1, 1996. First, brands must be 5 22 eliminated which are not used to mark or identify livestock, 5 23 before brands which are used to mark or identify livestock. 5 24 Second, all brands must be eliminated except for the brand 5 25 which was registered pursuant to this chapter for the longest 5 26 time. The bill repeals the provision regarding duplicate 5 27 brands on July 1, 1998. The bill also repeals section 5 28 169A.15, which provides for the effect of prior brands. 5 29 LSB 2446SV 76 5 30 da/jj/8
Text: SF00401 Text: SF00403 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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