FOR AN ACT ENTITLED, An Act to
revise the system of issuing and selling certain licenses,
permits, and stamps by agents of the Department of Game, Fish and Parks and to repeal the
reimbursement to counties for services rendered in such sales.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section
1.
That
§
41-2-33
be amended to read as follows:
41-2-33.
The Department of Game, Fish and Parks may appoint license issuing agents to
issue on behalf of the department any license
, permit, or stamp permitted or
provided for by this
title
and
§
32-20A-15.1
.
The agents shall be bonded in such amounts and conditions as the
department may deem proper.
No conservation officer may be appointed as a license issuing
agent.
The licensing
issuing
agents
, however, shall receive no compensation from the state for
any services or expenses in connection with the issuance of such licenses, and
shall remit all
license fees collected at the time and in the manner required by rules adopted pursuant to
§
41-2-18
chapter 1-26
.
Section
2.
That
§
41-6-56
be repealed.
41-6-56.
Licenses issued under
§
§
41-6-11 to 41-6-48, inclusive, may be issued only as
provided by
§
§
41-6-57 to 41-6-61, inclusive.
Section
3.
That
§
41-6-57
be repealed.
41-6-57.
Licenses under
§
§
41-6-11 to 41-6-21, inclusive, under
§
41-6-23, under
§
§
41-6-35 to 41-6-37, inclusive, under
§
41-17-13, and the permit provided by
§
32-20A-15.1
may be issued by the county treasurer of any county in this state or his duly authorized agents
who, for such purpose, shall be deemed acting for the game, fish and parks commission as
hereinafter provided.
Section
4.
That
§
41-6-59
be amended to read as follows:
41-6-59.
The county treasurer may appoint agents within the treasurer's county to sell the
licenses and the permits provided for in
§
41-6-57. No conservation officer may be appointed
as an agent of the county treasurer.
Any agent, who has been appointed
by the county treasurer
in any previous year and has provided either a bond or other security
to the county treasurer
in
any previous year, is not required to furnish a bond or other security if the agent is not issued
licenses and permits with a value of more than fifty thousand dollars at any one time. An agent,
who has previously provided either a bond or other security and has licenses and permits of a
value no greater than twenty thousand dollars issued at any one time, shall pay to the Department
of Game, Fish and Parks an annual fee of twenty dollars. An agent, who has previously provided
either a bond or other security and has licenses and permits of a value greater than twenty
thousand dollars but less than fifty thousand dollars issued to them at any one time, shall pay the
department an annual fee of fifty dollars. An agent, who has more than fifty thousand dollars of
licenses and permits issued at any one time shall be bonded or shall furnish security equal to the
total value of the licenses and permits issued to the agent at any one time less fifty thousand
dollars. Any agent who has not previously been bonded or
who has not previously
provided
other security to sell the licenses and permits shall be bonded or shall furnish security equal to
the total value of the licenses issued to the agent at any one time. A certificate of deposit, money
order, or other negotiable instrument issued by a bank, savings and loan association, or a credit
union bearing the agent's social security number or employer identification number payable to
the
county treasurer
department
is sufficient security. If an agent fails to timely pay the amount
owed to the
county treasurer
department
, the
county treasurer
department
may cash the
certificate and satisfy the amount owed to the
county treasurer
department
and remit the balance
to the agent. If the agent has paid all the fees owed
to the county treasurer
and requests a return
of the certificate of deposit, money order, or other negotiable instrument, the
county treasurer
department
shall endorse it payable to the agent and return it to the agent.
Any
No
agent who
defaults on payment of the amount owed to the
county treasurer
department
may
not
be
appointed an agent
by the county treasurer
until the unpaid amount, plus interest at the Category
B rate of interest as defined in
§
54-3-16, is paid.
Section
5.
That
§
41-6-59.1
be amended to read as follows:
41-6-59.1.
The Game, Fish and Parks Commission may promulgate rules
and regulations
pursuant to chapter 1-26 for the purpose of regulating the remittance to
county treasurers
the
department
of fees collected by agents appointed by the
county treasurer
department
for the sale
of licenses
as provided in
§
41-6-67
.
Section
6.
That
§
41-6-62
be amended to read as follows:
41-6-62.
Applications for licenses
Any application for any license
under this
chapter
title
shall
show that the applicant is legally eligible for the license for which
he
the applicant
applies. Any
person authorized under
§
§
41-6-56 to
41-2-33 and
41-6-61
, inclusive,
to issue a license may
take the oath of the applicant thereto with the same force and effect as if the oath had been taken
by any other officer of this state authorized by law to administer an oath.
Section
7.
That
§
41-6-65
be repealed.
41-6-65.
The secretary of game, fish and parks shall each year furnish to the treasurer of each
county a supply of hunting, fishing, and trapping licenses, for which the treasurer shall give his
receipt, to be filed in the department of game, fish and parks.
Section
8.
That
§
41-6-66
be amended to read as follows:
41-6-66.
The licenses
Any license permitted or
provided for in
§
§
41-6-11 to 41-6-21,
inclusive, in
§
41-6-23, in
§
§
41-6-35 to 41-6-37, inclusive, and in
§
41-17-13,
this title and
§
32-20A-15.1
shall be in such form as the Game, Fish, and Parks Commission
or department
directs
, and shall be furnished to the various county treasurers without charge, and upon receipt
of the licenses, the county treasurer is liable under the treasurer's official bond for the license
blanks delivered and for the proceeds derived from the sale thereof, and is responsible for all
license blanks issued by the treasurer to, and license fees received by, an agent, except that the
county treasurer is not liable for any amount an agent fails to pay the county treasurer up to the
amount of licenses and permits the agent may obtain pursuant to
§
41-6-59 without providing
a bond or other security. The Department of Game, Fish, and Parks may collect any amount
owed by the agent to the county treasurer for which the county treasurer is not liable
.
Section
9.
That
§
41-6-67
be repealed.
41-6-67.
The treasurer of each county shall, on or before the fifteenth day of each month,
submit to the department of game, fish and parks a report of all licenses issued by the treasurer
and agents appointed by the treasurer under
§
41-6-59 during the accounting period prescribed
by the game, fish and parks commission pursuant to
§
41-6-59.1 on forms prescribed and
furnished by the department. The treasurer shall remit all money collected from the sale of these
licenses as required by
§
4-3-12.1 to be credited to a game, fish and parks fund.
Section
10.
That
§
41-6-68
be amended to read as follows:
41-6-68.
The county treasurer
Any agent appointed by the department
shall promptly
transmit such reports as may be required by the Game, Fish and Parks Commission
or the
department
, together with
his county warrant for
all license fees received
by him and his agents
during the accounting period
designated by the department to be deposited in the game, fish and
parks fund
.
Section
11.
That
§
41-6-69
be amended to read as follows:
41-6-69.
Not later than the last day of January of each year,
the treasurer of each county
each
agent
shall return to the Department of Game, Fish and Parks all unused licenses, together with
the stubs or duplicate copies of all licenses issued.
Any county not remitting licenses and fees to
the department of game, fish and parks by the last day of January each year shall be penalized
one and one-half percent for each month or fraction thereof for the late return of fees and
licenses. The penalty may not exceed ten percent of the total reimbursement a county receives
from the department.
Following the expiration date of hunting, fishing
,
and trapping licenses,
stamps and permits issued by the department, the department may destroy the licenses, stamps
,
and permits together with the stubs or duplicate copies upon completion of an audit thereof by
the Department of Legislative Audit and filing of a satisfactory report.
Section
12.
That
§
32-20A-15.1
be amended to read as follows:
32-20A-15.1.
A nonresident owner of an unlicensed snowmobile shall purchase a temporary
permit to operate the snowmobile in this state. The fee for the permit is ten dollars. The permit
is valid for five consecutive days. All fees collected shall be deposited in the snowmobiles trails
fund established by
§
32-5-9.2.
The Department of Game, Fish and Parks shall supply the county
treasurers with the necessary permits to implement this section.
Section
13.
That
§
41-6-70
be repealed.
41-6-70.
The game, fish and parks commission shall, at the close of each license year,
reimburse the various counties for services rendered in connection with the sale of licenses under
this chapter in the amount of ten percent of all license fees for licenses sold by the county
treasurer or his agents during such license year, and, in addition, the county treasurers shall also
be reimbursed ten percent of the fees for the east river and west river prairie firearm deer licenses
and the east river and west river firearm antelope licenses sold by the department of game, fish
and parks for the respective counties. No reimbursement may be made for the sale of habitat
stamps or waterfowl restoration stamps. All money received as such reimbursement shall be
placed in the special highway fund of the county and shall be apportioned and used as provided
in
§
§
32-11-5 to 32-11-7, inclusive.
Section
14.
The effective date of this Act is January 1, 2000.
