AMENDMENT FOR HOUSE ENGROSSED BILL
1014ta
___________________ moved that HB 1014 be amended as follows:
On page 2, line 20, of the House engrossed bill, delete "civil damages court-imposed, criminal
fines" and insert "civil damages".
On page 2, line 21, delete "civil damages court-imposed, criminal fines are not more than" and
insert "civil damages are".
On page 2, line 23, delete "not more than".
On page 2, line 24, delete "not more than".
On page 3, line 1, delete "not more than".
On page 3, line 2, delete "not more than two hundred dollars for each paddlefish; not more
than" and insert "two hundred dollars for each paddlefish;".
On page 3, line 3, delete "not more than".
On page 3, line 6, delete "damages fines" and insert "damages".
On page 3, after line 16, insert:
"
Section 4. That § 41-1-5.2 be amended to read as follows:
41-1-5.2. The liquidated damages provided for in this chapter and taxable costs may be collected
by the Department of Game, Fish and Parks in a civil suit brought by it, in the name of the State of
South Dakota, against the person claimed to be liable therefor. Conviction of a criminal offense for
the same incident leading to the charges specified in § 41-1-5.1 is prima facie evidence of the
defendant's civil liability. Failure to obtain conviction on a criminal charge is not a bar to a separate
civil action for such liquidated damages.
The department, collecting such liquidated damages and taxable costs
for wild animals other than
trophy antelope, trophy mule deer, trophy white-tailed deer, and trophy elk as defined in section 1
of this Act, shall deposit them in the Department of Game, Fish and Parks fund. Any other public
agency or department of the state, collecting liquidated damages and taxable costs
for wild animals
other than trophy antelope, trophy mule deer, trophy white-tailed deer, and trophy elk as defined by
section 1 of this Act, shall remit the moneys collected, less the agreed collection fee, to the state
treasurer who shall deposit them in the Department of Game, Fish and Parks fund.
From the civil damages collected for each trophy antelope, trophy mule deer, trophy white-tailed
deer, and trophy elk as defined in section 1 of this Act, an amount equal to the liquidated damages
for a nontrophy antelope, nontrophy mule deer, nontrophy white-tailed deer, or nontrophy elk as
defined in section 2 of this Act, as the case may be, shall be deposited in the Game, Fish and Parks
fund with the excess to be deposited in the general fund of the school district in which the trophy
animal was illegally taken.
The judgment and liquidated damages may be collected by an agent. Fees to agents authorized
to collect on a judgment under this section may not exceed fifty percent of the total amount collected.
With approval of the department, agreed collection fees may be deducted from the moneys collected
when remitted or may be paid on warrants drawn by the state auditor on itemized vouchers approved
by the secretary of game, fish and parks and submitted simultaneously with the moneys collected. ".