AN ACT
ENTITLED, An Act
to increase the penalties for certain hunting and fishing violations and to
provide for an increase in the civil liquidated damages payable to the Department of Game, Fish
and Parks under certain circumstances.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 41-6-75 be amended to read as follows:
41-6-75. Any person hunting, fishing, or trapping during any period when that privilege has been revoked pursuant to § 41-6-74 or who purchases or attempts to purchase a license to which that person is not entitled while under revocation is guilty of a Class 1 misdemeanor.
Section 2. That § 41-8-39 be amended to read as follows:
41-8-39. No person may intentionally kill or attempt to kill any wild bird or animal from any aircraft while in flight within this state nor may any person use any aircraft for the purpose of hunting, taking, concentrating, driving, rallying, stirring up, locating, or spotting for any persons. Any person who, while in flight in an aircraft of any type, kills or attempts to kill any game bird or game animal or uses such aircraft for the purpose of hunting, taking, concentrating, driving, rallying, stirring up, spotting, or locating game birds or game animals for any persons, is guilty of a Class 1 misdemeanor.
Section 3. That chapter 41-1 be amended by adding thereto a NEW SECTION to read as follows:
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 41-6-75 be amended to read as follows:
41-6-75. Any person hunting, fishing, or trapping during any period when that privilege has been revoked pursuant to § 41-6-74 or who purchases or attempts to purchase a license to which that person is not entitled while under revocation is guilty of a Class 1 misdemeanor.
Section 2. That § 41-8-39 be amended to read as follows:
41-8-39. No person may intentionally kill or attempt to kill any wild bird or animal from any aircraft while in flight within this state nor may any person use any aircraft for the purpose of hunting, taking, concentrating, driving, rallying, stirring up, locating, or spotting for any persons. Any person who, while in flight in an aircraft of any type, kills or attempts to kill any game bird or game animal or uses such aircraft for the purpose of hunting, taking, concentrating, driving, rallying, stirring up, spotting, or locating game birds or game animals for any persons, is guilty of a Class 1 misdemeanor.
Section 3. That chapter 41-1 be amended by adding thereto a NEW SECTION to read as follows:
If a person has taken or is in possession of more than two times the lawful daily or possession
limit of a regulated wild animal, the liquidated damages as determined and provided for in
§
§
41-1-
5.1 and 41-1-5.3 to 41-1-5.5, inclusive, shall be doubled.
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
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 and 41-1-5.3 to 41-1-5.5, inclusive,
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, 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, 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.
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.
An Act to increase the penalties for certain hunting and fishing violations and to provide for an increase in the civil liquidated damages payable to the Department of Game, Fish and Parks under certain circumstances.
An Act to increase the penalties for certain hunting and fishing violations and to provide for an increase in the civil liquidated damages payable to the Department of Game, Fish and Parks under certain circumstances.
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I certify that the attached Act originated in the
SENATE as
Bill
No.
269
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____________________________
Secretary of the Senate
Secretary of the Senate
____________________________
President of the Senate
President of the Senate
Attest:
____________________________
Secretary of the Senate
Secretary of the Senate
____________________________
Speaker of the House
Attest:
____________________________
Chief Clerk
Chief Clerk
Senate
Bill
No.
269
File No. ____
Chapter No. ______=========================
Received at this Executive Office this ____ day of _____________ ,
File No. ____
Chapter No. ______
Received at this Executive Office this ____ day of _____________ ,
19___ at _____ M.
By _________________________
for the Governor
for the Governor
The attached Act is hereby
approved this ________ day of
______________ , A.D., 19___
____________________________
Governor
Governor
STATE OF SOUTH DAKOTA,
ss.
Office of the Secretary of State
Filed ____________ , 19___
at _________ o'clock __ M.
____________________________
Secretary of State
Secretary of State
By _________________________
Asst. Secretary of State
