State of South Dakota
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EIGHTY-SEVENTH SESSION
LEGISLATIVE ASSEMBLY, 2012
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174T0518
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HOUSE BILL NO. 1166
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Introduced by: Representatives Russell, Kopp, Olson (Betty), and Verchio and Senators
Maher and Rampelberg
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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.