Section 41-1-5.2 - Civil action for recovery of damages for unlawful killing or taking of animals--Effectof criminal conviction or acquittal--Deposit of damages and costs--Collection ofjudgments--Coll
41-1-5.2. Civil action for recovery of damages for unlawful killing or taking of animals--Effect of criminal conviction or acquittal--Deposit of damages and costs--Collection of judgments--Collection fees. 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 § 41-1-1.3, 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 § 41-1-1.3, 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 § 41-1-1.3, an amount equal to the liquidated damages for a nontrophy antelope, nontrophy mule deer, nontrophy white-tailed deer, or nontrophy elk as defined in § 41-1-1.4, 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.
Source: SL 1969, ch 104; SL 1976, ch 255; SL 1989, ch 351, § 1; SL 1989, ch 352, § 1; SL 1991, ch 337, § 2; SL 1996, ch 5, § 3; SL 1997, ch 235, § 4; SL 2001, ch 227, § 2; SL 2010, ch 206, § 4.