State of South Dakota  
EIGHTY-SEVENTH SESSION
LEGISLATIVE ASSEMBLY, 2012  

174T0518   HOUSE BILL   NO.  1166  

Introduced by:    Representatives Russell, Kopp, Olson (Betty), and Verchio and Senators Maher and Rampelberg
 

        FOR AN ACT ENTITLED, An Act to require the departments of Agriculture and Game, Fish and Parks to provide certain actions and funding specified in the South Dakota black-tailed prairie dog conservation and management plan.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That chapter 34A-8A be amended by adding thereto a NEW SECTION to read as follows:
    In accordance with the provisions of the South Dakota black-tailed prairie dog conservation and management plan prepared pursuant to §§ 34A-8A-8 and 34A-8A-9, the Department of Agriculture and the Department of Game, Fish and Parks shall take the following actions:
            (1)    The Department of Agriculture shall provide not less than one hundred fifty thousand dollars annually from program funds to implement control or incentive strategies outlined in strategies 1.4c and 1.4d of the management plan;
            (2)    The Department of Game, Fish and Parks shall provide not less than one hundred thirty thousand dollars annually from the animal damage control fund to implement control or incentive strategies outlined in strategies 1.4c and 1.4d of the management

plan.
    Section 2. That chapter 34A-8A be amended by adding thereto a NEW SECTION to read as follows:

    If the Department of Agriculture or the Department of Game, Fish and Parks fails to provide the funding required in subdivisions (1) and (2) of section 1 of this Act by October fifteenth of any calendar year, the affected department shall provide such funding or depredation action to property owners who are affected by the encroachment of prairie dogs on their property and have applied for such funding or depredation action. An affected landowner who has applied for, but not received, such funding or depredation action within one year after the October fifteenth deadline may initiate a civil action in circuit court to compel payment or depredation action by the appropriate department, if funds specified in subdivisions (1) and (2) of section 1 of this Act for the time period in question remain unexpended. The state hereby waives the common law doctrine of sovereign immunity and consents to be sued in a civil action to compel payment or depredation action by the appropriate department, and reimbursement for all reasonable and necessary costs and attorney fees incurred by the landowner.