reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 36 - Predatory Animal And Reptile Control › Section 40-36-9 - Programs and rules for control of injurious animals--Payment of expenses.

40-36-9. Programs and rules for control of injurious animals--Payment of expenses.
The Department of Game, Fish and Parks may direct or employ personnel and conduct programs and the Game, Fish and Parks Commission may adopt pursuant to chapter 1-26 necessary rules to control foxes, coyotes, feral dogs, prairie dogs, and other wild animals. The expense thereof shall be paid out of the Department of Game, Fish and Parks fund or the state animal damage control fund.
Source:
SDC 1939, §25.1004; SL 1974, ch 274, §2; SL 1978, ch 288, §5; SL 1983, ch 292, §10; SL 1984, ch 273, §36.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 36 - Predatory Animal And Reptile Control › Section 40-36-10 - Animal damage control fund created.

40-36-10. Animal damage control fund created.
There is created a special fund in the Office of the State Treasurer to be known as the state animal damage control fund.
Source:
SL 1943, ch 42, §8; SL 1945, ch 36, §4; SDC Supp 1960, §25.1102; SL 1983, ch 292, §11.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 36 - Predatory Animal And Reptile Control › Section 40-36-11 - County appropriations to animal damage control fund--Certification of amounts--State matching funds.

40-36-11. County appropriations to animal damage control fund--Certification of amounts--State matching funds.
Each county shall annually appropriate a sum equal to an assessment on all cattle and sheep based on the most current United States Department of Commerce census of agriculture, and the money shall be remitted to the state treasurer for deposit in the state animal damage control fund. Each county shall be assessed at a rate of twenty-five cents per head for all sheep and six cents per head for all cattle. The Department of Game, Fish and Parks shall certify, to each county auditor, the amount to be appropriated. The state animal damage control fund shall be matched two dollars for every one dollar of county appropriation by funds of the Department of Game, Fish and Parks to carry out the provisions of this chapter.
Source:
SDC 1939, §25.1101; SL 1943, ch 42, §5; SL 1945, ch 36, §3; SL 1963, ch 142; SL 1966, ch 72; SL 1978, ch 72, §6; SL 1983, ch 292, §12; SL 1984, ch 273, §37; SL 1990, ch 329, §§1, 2; SL 1999, ch 210, §14.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 36 - Predatory Animal And Reptile Control › Section 40-36-13 - Semiannual county payments to fund.

40-36-13. Semiannual county payments to fund.
The county auditors shall, on or before the fifteenth of June and November, present one-half of the appropriation, made pursuant to §40-36-11, to the state remittance center, to be placed in the state animal damage control fund.
Source:
SL 1945, ch 36, §3; SDC Supp 1960, §25.1101; SL 1963, ch 142; SL 1966, ch 72; SL 1978, ch 72, §8; SL 1983, ch 292, §14; SL 1985, ch 33, §23.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 36 - Predatory Animal And Reptile Control › Section 40-36-14 - Expenditures from fund.

40-36-14. Expenditures from fund.
Funds from the state animal damage control fund may be expended by the Game, Fish and Parks Commission for the control of wild animals, as defined in §40-36-1.
Source:
SDC 1939, §25.1001 as added by SL 1963, ch 141, §1; SL 1966, ch 71; SL 1974, ch 274, §3; SL 1978, ch 288, §6; SL 1983, ch 292, §15.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 36 - Predatory Animal And Reptile Control › Section 40-36-15 - Bounties payable for coyotes--Restrictions on payments--Fraud--Penalty.

40-36-15. Bounties payable for coyotes--Restrictions on payments--Fraud--Penalty.
The following bounties may be paid from the state animal damage control fund to any resident of this state who possesses a resident small game license or a resident predator/varmint license and who kills, within the boundaries of this state, including parks and monuments, the following animals:
(1)For each adult coyote, five dollars;
(2)For each coyote pup, five dollars.
The Game, Fish and Parks Commission may not approve any bounty claim except during the months of April, May, and June. No bounty payments may be made under this section unless the commission determines that the average price of raw furs in the round for the preceding winter is below five dollars per animal.
Any person who exhibits to a county auditor the skin of an animal which was killed outside of the boundaries of that county, or who patches any skin or part of skin, for the purpose of defrauding the State of South Dakota, in any manner, is guilty of a Class 1 misdemeanor.
Source:
SDC 1939, §25.1001; SL 1941, ch 122; SL 1945, ch 36, §10; SL 1947, ch 115; SL 1951, ch 126; SL 1961, ch 123, §1; SL 1963, ch 141, §1; SL 1967, ch 90; SL 1972, ch 220; SL 1978, ch 288, §1; SL 1983, ch 292, §16; SL 1991, ch 186, §30; SL 1998, ch 252, §1; SL 2020, ch 179, § 1.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 36 - Predatory Animal And Reptile Control › Section 40-36-16 - Hunting license not required of landowner to receive bounty.

40-36-16. Hunting license not required of landowner to receive bounty.
A landowner or occupant does not have to possess a resident small game license or a resident predator/varmint license in order to receive the bounties specified in §40-36-15 for the killing of the predatory animals specified by that section within the confines of the owner's or occupant's property.
Source:
SDC 1939, §25.1001 as added by SL 1963, ch 141, §1; SL 1998, ch 252, §2.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 36 - Predatory Animal And Reptile Control › Section 40-36-17 - Skin delivered to county auditor to claim bounty--Examination by auditor.

40-36-17. Skin delivered to county auditor to claim bounty--Examination by auditor.
Any resident of this state in order to claim a bounty provided by §40-36-15, shall within ten days after killing any such animal mentioned in §40-36-15, present and deliver the complete skin of such animal to the auditor of the county of this state in which the animal was killed. Such auditor shall examine such skin and all parts thereof to determine whether such skin has been previously bountied in this or some other state and to determine whether there is any fraud or irregularity connected with the same.
Source:
SDC 1939, §25.1002; SL 1943, ch 98; SL 1945, ch 36, §8; SL 1961, ch 123, §2; SL 1963, ch 141, §2.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 36 - Predatory Animal And Reptile Control › Section 40-36-18 - Investigation of animal skin by conservation officer--Recommendation as to acceptance for bounty.

40-36-18. Investigation of animal skin by conservation officer--Recommendation as to acceptance for bounty.
If the auditor has any doubt or question as to any skin delivered pursuant to §40-36-17 he shall refer such skin to the conservation officer for investigation. After the conservation officer's investigation, he shall return the skin to the auditor with the recommendation that such skin be accepted or rejected.
Source:
SDC 1939, §25.1002 as enacted by SL 1961, ch 123, §2; SL 1963, ch 141, §2; revised pursuant to SL 1971, ch 231, §2.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 36 - Predatory Animal And Reptile Control › Section 40-36-19 - Marking of skin accepted for bounty.

40-36-19. Marking of skin accepted for bounty.
The Game, Fish and Parks Commission shall, by regulation, provide the method of marking the skin accepted for bounty payment for the purpose of identification.
Source:
SDC 1939, §25.1002 as enacted by SL 1961, ch 123, §2; SL 1963, ch 141, §2.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 36 - Predatory Animal And Reptile Control › Section 40-36-20 - Certificate on rejection of skin for bounty--Action for bounty--Use of skin as evidence--Costs.

40-36-20. Certificate on rejection of skin for bounty--Action for bounty--Use of skin as evidence--Costs.
If, pursuant to §40-36-18, the county auditor determines that a bounty should not be paid on any skin, he shall issue and deliver to such claimant a certificate to that effect, and in such event the claimant must within ten days commence an action in a court of competent jurisdiction or be forever barred from asserting any right to a bounty on such skin. Any such skin shall be retained for such period and such further period as the court may direct for use as evidence. The costs of such action, including the expense of retaining such skin, shall be assessed against the claimant or the state as the court may direct. If an appeal is not taken, such auditor shall return such skin, after it is appropriately identified, to such claimant following the elapse of the time for appeal.
Source:
SDC 1939, §25.1002 as enacted by SL 1961, ch 123, §2.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 36 - Predatory Animal And Reptile Control › Section 40-36-21 - Affidavit filed when bounty claim approved by county auditor.

40-36-21. Affidavit filed when bounty claim approved by county auditor.
If the county auditor is satisfied that a bounty claim presented under §40-36-17 is regular and valid, the claimant shall present an affidavit in which he shall state under oath the facts relevant thereto, including the killing, the place where such animal was killed, a statement of the method of killing, and the amount of bounty claimed. Such affidavit shall be in such form, and the county auditor shall keep a record of the same, all in the manner prescribed by resolution of the Game, Fish and Parks Commission.
Source:
SDC 1939, §25.1002 as enacted by SL 1961, ch 123, §2.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 36 - Predatory Animal And Reptile Control › Section 40-36-23 - Approval or disapproval of bounty claim by Game, Fish and Parks Commission.

40-36-23. Approval or disapproval of bounty claim by Game, Fish and Parks Commission.
The bounty claim, consisting of the affidavit, shall then be presented to the Game, Fish and Parks Commission for final approval or disapproval and such commission shall carefully examine such claim and all facts relevant thereto to determine whether there is any fraud or irregularity connected with the same, and shall make such investigation in regard to the same as it may, in its discretion, deem proper.
Source:
SDC 1939, §25.1002; SL 1943, ch 98; SL 1945, ch 36, §8; SL 1961, ch 123, §2; SL 1968, ch 104, §1.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 36 - Predatory Animal And Reptile Control › Section 40-36-24 - Final approval and payment of bounty claim.

40-36-24. Final approval and payment of bounty claim.
In the event of approval of a bounty claim by the Game, Fish and Parks Commission, such claim shall be presented to the state auditor, who shall issue his warrant therefor upon the state predatory animal control fund and mail the same to the claimant.
Source:
SDC 1939, §25.1002; SL 1943, ch 98; SL 1945, ch 36, §8; SL 1961, ch 123, §2; SL 1968, ch 104, §1.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 36 - Predatory Animal And Reptile Control › Section 40-36-25 - Appeal from disapproval of bounty claim.

40-36-25. Appeal from disapproval of bounty claim.
In the event of disapproval of any bounty claim by the Game, Fish and Parks Commission the claimant shall have the right to appeal therefrom within ten days in the manner provided by law.
Source:
SDC 1939, §25.1002 as enacted by SL 1961, ch 123, §2; SL 1968, ch 104, §1.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 36 - Predatory Animal And Reptile Control › Section 40-36-26 - Bounty claim as misdemeanor when animal died from natural causes--Animal killed by federal or other agency.

40-36-26. Bounty claim as misdemeanor when animal died from natural causes--Animal killed by federal or other agency.
It is a Class 2 misdemeanor for any person to attempt to bounty a skin from an animal that has died from natural causes, or that has been killed by agents or employees of the United States Fish and Wildlife Service or any other agency engaged in eradicating predatory animals.
Source:
SDC 1939, §25.1002 as enacted by SL 1961, ch 123, §2; SL 1977, ch 190, §540.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 36 - Predatory Animal And Reptile Control › Section 40-36-27 - Killing of predatory animal without hunting license--Falsification of bounty claim--Violation as misdemeanor.

40-36-27. Killing of predatory animal without hunting license--Falsification of bounty claim--Violation as misdemeanor.
Except as provided by §40-36-16, it is a Class 2 misdemeanor for any person to hunt, take, or kill predatory animals without possessing a resident small game license or a resident predator/varmint license. It is a Class 1 misdemeanor for any person to falsify any bounty claim, or to claim a bounty on any skin for which a bounty has been paid or refused.
Source:
SDC 1939, §25.1002 as enacted by SL 1961, ch 123, §2; SL 1977, ch 190, §541; SL 1998, ch 252, §3; SL 2020, ch 179, § 2.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 36 - Predatory Animal And Reptile Control › Section 40-36-28 - Importation or breeding of animals to claim bounty as petty offense.

40-36-28. Importation or breeding of animals to claim bounty as petty offense.
Any person who shall drive, bait, entice, or bring from outside this state, or breed or rear any of the animals mentioned in §40-36-15, for the purpose of procuring bounties thereon, commits a petty offense.
Source:
SL 1943, ch 42, §13; SDC Supp 1960, §25.9910; SL 1977, ch 190, §542.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 36 - Predatory Animal And Reptile Control › Section 40-36-29 - False bounty claim as perjury.

40-36-29. False bounty claim as perjury.
Any person who shall make false claim for bounty as provided for in §§40-36-15 to 40-36-25, inclusive, shall be deemed guilty of perjury and shall be punished in the manner provided for the crime of perjury by the laws of this state.
Source:
SL 1899, ch 136, §7; RPolC 1903, §3119; RC 1919, §10346; SL 1943, ch 42, §13; SDC Supp 1960, §25.9910.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 36 - Predatory Animal And Reptile Control › Section 40-36-32 - Audit of predatory animal control fund.

40-36-32. Audit of predatory animal control fund.
A complete audit shall be made of the state predatory animal control fund, showing receipts and expenditures made by the state auditor. Such audit shall be made by the Department of Legislative Audit of the state.
Source:
SL 1943, ch 42, §9; SL 1945, ch 36, §5; SDC Supp 1960, §25.1103.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 36 - Predatory Animal And Reptile Control › Section 40-36-33 - Predatory animal control fund carried over from year to year.

40-36-33. Predatory animal control fund carried over from year to year.
Any unused balance in the state predatory animal control fund shall not revert but shall be carried over, from year to year, and applied to the payment of bounty claims in subsequent years.
Source:
SL 1943, ch 42, §9; SL 1945, ch 36, §5; SDC Supp 1960, §25.1103.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 36 - Predatory Animal And Reptile Control › Section 40-36-34 - Special tax on sheep in eastern counties levied on petition of sheep owners--Predatory animals defined.

40-36-34. Special tax on sheep in eastern counties levied on petition of sheep owners--Predatory animals defined.
When the board of county commissioners of any county east of the Missouri River is petitioned by two-thirds of the sheep owners whose names appear on the tax rolls of such county, to levy a special tax levy, not to exceed ten cents per head on all sheep within the county, for the purpose of raising a fund to be expended for the control of predatory animals as defined in this section, said board is hereby empowered to make such levy and collect the tax in the manner provided for the collection of other property tax. For the purpose of this section, predatory animals shall mean coyotes and foxes.
Source:
SL 1943, ch 43, §1; SDC Supp 1960, §12.2812; SL 1974, ch 273, §3.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 36 - Predatory Animal And Reptile Control › Section 40-36-35 - Payment of bounties and employment of hunters from proceeds of special tax on sheep.

40-36-35. Payment of bounties and employment of hunters from proceeds of special tax on sheep.
Such moneys as are collected by the provisions of §40-36-34 shall be expended to pay bounties or to employ hunters, which may be, in cooperation with the organized control program of the United States Department of the Interior Fish and Wildlife Service, at the discretion of the board of county commissioners.
Source:
SL 1943, ch 43, §2; SDC Supp 1960, §12.2812.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 36 - Predatory Animal And Reptile Control › Section 40-36-36 - Rate of bounties payable from special tax on sheep--Rules and regulations.

40-36-36. Rate of bounties payable from special tax on sheep--Rules and regulations.
The board of county commissioners shall establish the rate of bounties and provide all rules and regulations necessary for the carrying out of §§40-36-34 and 40-36-35.
Source:
SL 1943, ch 43, §2; SDC Supp 1960, §12.2812.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 36 - Predatory Animal And Reptile Control › Section 40-36-37 - County bounty payable on coyotes.

40-36-37. County bounty payable on coyotes.
The board of county commissioners may, by resolution, offer a bounty of not more than fifty dollars for each coyote killed within the limits of the county.
Source:
SDC 1939, §12.2801; SL 1974, ch 273, §4; SL 2020, ch 179, § 3.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 36 - Predatory Animal And Reptile Control › Section 40-36-38 - Educational campaign for rodent and reptile control.

40-36-38. Educational campaign for rodent and reptile control.
For the purpose of conducting an educational campaign in the control and extermination of harmful and destructive rodents and poisonous or destructive reptiles, the secretary of game, fish and parks may employ such methods as he may deem advisable.
Source:
SDC 1939, §25.1201; SL 1977, ch 324, §1.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 36 - Predatory Animal And Reptile Control › Section 40-36-39 - Employment of personnel for extermination of rodents and reptiles--Purchase and distribution of equipment and supplies--Bounties prohibited.

40-36-39. Employment of personnel for extermination of rodents and reptiles--Purchase and distribution of equipment and supplies--Bounties prohibited.
The secretary of game, fish and parks may employ persons skilled in trapping, poisoning, or taking of such rodents and such reptiles and may buy, distribute, and authorize the use of poison, traps, guns, ammunition, or other agencies or equipment necessary in destroying such rodents or such reptiles to any hunter, trapper, or employee engaged in such destruction, and shall fix the compensation of persons employed for such purposes of §40-36-38, but in no case shall any bounty or reward be paid to any person so employed.
Source:
SDC 1939, §25.1202; SL 1977, ch 324, §2.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 36 - Predatory Animal And Reptile Control › Section 40-36-39.1 - South Dakota rodent control fund.

40-36-39.1. South Dakota rodent control fund.
The South Dakota rodent and reptile control fund is renamed the South Dakota rodent control fund.
Source:
SL 2007, ch 235, §1.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 36 - Predatory Animal And Reptile Control › Section 40-36-39.2 - Validation of rodent control agreements.

40-36-39.2. Validation of rodent control agreements.
All agreements made by the South Dakota secretary of agriculture and natural resources with agencies of the federal government concerning rodent control, all actions of the secretary in conducting and maintaining a poison bait station, distributing or selling of poison bait, and purchasing supplies for rodent control, are hereby validated, legalized, cured, and currently authorized to the extent that such activities may have been impacted by a change of the fund's name and subsequent repeal of statutes regarding the cooperative wildlife services fund.
Source: SL 2007, ch 235, §2; SL 2021, ch 1 (Ex. Ord.
21-3
), § 14, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 36 - Predatory Animal And Reptile Control › Section 40-36-40 - Disposition of carcasses of rodents and reptiles taken--Use of proceeds of sale.

40-36-40. Disposition of carcasses of rodents and reptiles taken--Use of proceeds of sale.
All furs, skins, or other parts of the carcasses of such rodents and such reptiles taken by employees in accordance with the provisions of §§40-36-38 and 40-36-39 shall be the property of the State of South Dakota and those having a commercial value shall be sold by the secretary of the Department of Game, Fish and Parks, and all funds derived from such sales shall be placed in the rodent control fund and be available for use in carrying out the provisions of §§40-36-38 and 40-36-39.
Source:
SDC 1939, §25.1203; SL 1977, ch 324, §3.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 36 - Predatory Animal And Reptile Control › Section 40-36-41 - Records of rodent and reptile work.

40-36-41. Records of rodent and reptile work.
The records pertaining to work under §§40-36-38 to 40-36-40, inclusive, shall be kept and any information of scientific value that is obtained shall be recorded and preserved for the benefit of the state.
Source:
SDC 1939, §25.1203.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 36 - Predatory Animal And Reptile Control › Section 40-36-46 - Policy advisory committee for animal damage control.

40-36-46. Policy advisory committee for animal damage control.
There is created a policy advisory committee for animal damage control consisting of the secretary of game, fish and parks, the animal damage control supervisor, the secretary of agriculture and natural resources or the secretary's designee, and one representative from each of the following organizations: USDA/APHIS/Wildlife Services, the South Dakota Sheep Growers, South Dakota Cattlemen, South Dakota Stockgrowers Association, South Dakota Farmers Union, South Dakota Farm Bureau, and the South Dakota Wildlife Federation. The committee shall review animal damage control activities and provide recommendations for controlling animal damage in South Dakota. The committee shall meet at least once a year.
Source: SL 1983, ch 292, §13; SL 2013, ch 204, §1; SL 2021, ch 1 (Ex. Ord.
21-3
), § 14, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 37 - Predator Control Districts › Section 40-37-1 - Petition by livestock owners for designation of county as predator control district.

40-37-1. Petition by livestock owners for designation of county as predator control district.
The resident owners of at least fifty-one percent of the sheep, or the resident owners of at least fifty-one percent of the cattle, or the resident owners of at least fifty-one percent of both sheep and cattle acting jointly, in any county, as shown by the last county livestock census as provided for in §40-37-1.1, may petition the secretary of the Department of Agriculture and Natural Resources to designate the county as a predator control district.
Source: SL 1974, ch 275, §1; SL 1979, ch 272, §1; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 37 - Predator Control Districts › Section 40-37-1.1 - County livestock census--Procedure.

40-37-1.1. County livestock census--Procedure.
The director of equalization shall annually conduct a county livestock census if the county is a member of a predator control district. The board of county commissioners may require a county livestock census if there is significant interest in the formation of a predator control district. In conducting the county livestock census, the director of equalization may proceed in such manner and utilize such forms as may be approved by the board of county commissioners to effectuate the purposes of this chapter. The director of equalization may restrict the livestock census to sheep only or cattle only as may be appropriate.
Source:
SL 1979, ch 272, §2; SL 1980, ch 282, §1.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 37 - Predator Control Districts › Section 40-37-3 - Petition for multiple-county district--Consent of included counties required.

40-37-3. Petition for multiple-county district--Consent of included counties required.
Any body of resident livestock owners sufficient to petition for the establishment of a predator control district pursuant to §40-37-1 may petition the secretary of the Department of Agriculture and Natural Resources to include their county within a previously established district or to combine their county with other petitioning counties to form a single district. No multiple-county district may be formed without the consent of each of the counties to be included.
Source: SL 1974, ch 275, §2; SL 1979, ch 272, §3; SL 2021, ch 1 (Ex. Ord.
21-3
), § 14, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 37 - Predator Control Districts › Section 40-37-4 - Board of directors of district--Qualifications--Number.

40-37-4. Board of directors of district--Qualifications--Number.
Every predator control district established pursuant to this chapter shall be governed by a board of directors, all of whom shall be resident livestock owners and taxpayers within the district. The board of directors shall be composed of not more than nine members.
Source:
SL 1974, ch 275, §3; SL 1978, ch 289, §1; SL 1979, ch 272, §4.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 37 - Predator Control Districts › Section 40-37-5 - First district meeting--Notice to livestock owners--Appointment of chairman and secretary.

40-37-5. First district meeting--Notice to livestock owners--Appointment of chairman and secretary.
The first meeting of the livestock owners in the district shall be called in the following manner: The director of equalization of each county within the district shall, within thirty days of the formation of the district, prepare from the county livestock census, as corrected by the board of county commissioners, of that year, an accurate list of all persons, corporations, or partnerships who have been determined to be the owners of livestock described in the petition in his county and the number of livestock. The director of equalization shall mail a notice to each of the resident livestock owners to attend the district meeting, at a time and place to be specified in the notice, for the election of the board of directors of the predator control district. He shall likewise publish a copy of the notice in the official newspaper of the county, ten days prior to the date of the meeting. He shall set the date of the meeting so as not to conflict with the date of similar meetings in adjoining districts. When assembled in accordance with the above notice, the resident owners shall appoint a chairman and secretary, who shall act as judges of election.
Source:
SL 1974, ch 275, §5; SL 1979, ch 272, §5.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 37 - Predator Control Districts › Section 40-37-6 - Selection of district officers--Called meetings of directors--Quorum--No compensation.

40-37-6. Selection of district officers--Called meetings of directors--Quorum--No compensation.
Directors of predatory animal districts, elected at meetings called and held as provided in §40-37-5, shall immediately after the adjournment of said meeting organize by choosing from their number a president, vice-president, and secretary-treasurer. Subsequent meetings of said board shall be called by the president upon reasonable notice. A majority of the board shall constitute a quorum for the transaction of business at any board meeting. The directors shall receive no compensation for serving on the board.
Source:
SL 1974, ch 275, §6.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 37 - Predator Control Districts › Section 40-37-7 - Annual district meetings--Notice to livestock owners on revised list.

40-37-7. Annual district meetings--Notice to livestock owners on revised list.
Annual meetings for the election of members of boards of directors of predator control districts, shall, after the first meeting, be called by the president of each board, after procuring from the county director of equalization within his district a revised and corrected list of livestock owners, who have been determined to be the resident owners of such livestock within his district. The meeting shall be called by a notice mailed and published in the same manner as specified in §40-37-5.
Source:
SL 1974, ch 275, §11; SL 1979, ch 272, §6.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 37 - Predator Control Districts › Section 40-37-8 - Election of directors--Voting--Terms of office.

40-37-8. Election of directors--Voting--Terms of office.
Each director shall be elected at the district meeting for a term of three years. No more than three directors shall be elected annually. Each sole resident owner of livestock, whether an individual, corporation, or partnership shall be entitled to one vote at the district meeting. All vacancies on the district board shall be filled for unexpired terms by the other directors in office. All members so elected shall hold their offices until their successors have been elected and qualified.
Source:
SL 1974, ch 275, §4; SL 1978, ch 289, §2; SL 1979, ch 272, §7.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 37 - Predator Control Districts › Section 40-37-9 - Powers of district board of directors.

40-37-9. Powers of district board of directors.
The board of directors of each predator control district is hereby authorized to appoint and pay employees, to bounty predatory animals, to make contracts, and to enter into agreements with agencies of federal or state governments or with local governments.
Source:
SL 1974, ch 275, §7.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 37 - Predator Control Districts › Section 40-37-10 - Special levy for district operations--Certification to county commissioners.

40-37-10. Special levy for district operations--Certification to county commissioners.
At least thirty days prior to the annual levy of general taxes by the board of county commissioners wherein such district is located, the board of directors of each predator control district shall determine pursuant to the provisions of this chapter the amount of special levy for district operations during the following years and certify such levy to the board of county commissioners.
Source:
SL 1974, ch 275, §8.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 37 - Predator Control Districts › Section 40-37-11 - Special tax levy on sheep and cattle--Maximum amount.

40-37-11. Special tax levy on sheep and cattle--Maximum amount.
The board of county commissioners shall, at time of the annual levy of general taxes, levy an additional special tax in an amount specified by the board of directors pursuant to §40-37-10 not to exceed one dollar per head of all sheep six months old or older as of January first of the current year that are being held for breeding purposes and one dollar per head of all cattle one year old or older not in feedlots.
Source:
SL 1974, ch 275, §12; SL 1982, ch 286; SL 2013, ch 205, §1.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 37 - Predator Control Districts › Section 40-37-12 - Additional tax levied by county commissioners subject to referendum--Amount.

40-37-12. Additional tax levied by county commissioners subject to referendum--Amount.
In addition to the levy authorized pursuant to §40-37-11, the board of county commissioners may levy an additional amount equal to the amount provided in §40-37-11, if such additional amount is approved by referendum as provided in §40-37-13.
Source:
SL 1974, ch 275, §13.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 37 - Predator Control Districts › Section 40-37-13 - Referendum for additional tax levy--Mailing and contents of ballots--Publication--Computation of results--Time for returning ballots.

40-37-13. Referendum for additional tax levy--Mailing and contents of ballots--Publication--Computation of results--Time for returning ballots.
Whenever the board of directors shall determine to hold a referendum to levy an additional amount as provided in §40-37-12, the county director of equalization shall mail to each resident livestock owner in that county a ballot stating the amount of additional levy requested, the provisions governing the conduct of the referendum, and the effect of an affirmative result in the referendum. The board of directors shall publish the question in a newspaper not less than two weeks prior to the date the ballots are to be returned. Each resident owner's expression shall be, upon receipt by the county director of equalization multiplied by the number of sheep and cattle determined to be owned in his name and the proposition shall be approved if a majority of the product of such multiplication approves the additional levy. Each ballot must be returned within two weeks and voted to be considered.
Source:
SL 1974, ch 275, §14; SL 1979, ch 272, §8.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 37 - Predator Control Districts › Section 40-37-14 - Effective period of additional tax--Certification to county commissioners--Levy.

40-37-14. Effective period of additional tax--Certification to county commissioners--Levy.
Any additional sum authorized pursuant to §40-37-13 shall be in effect for the three successive taxpaying years unless reduced by the board of directors or increased by another referendum; and the board of directors shall certify the results to the board of county commissioners at the same time they certify the regular levy and such increase shall be levied by the county commissioners at the time of the annual levy of general taxes.
Source:
SL 1974, ch 275, §15.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 37 - Predator Control Districts › Section 40-37-15 - Tax levy not authorized on class of livestock without petition by majority of owners.

40-37-15. Tax levy not authorized on class of livestock without petition by majority of owners.
Nothing in this chapter shall authorize the levy of taxes against any class of livestock, fifty-one percent of the resident owners of which have not petitioned for inclusion in the predator control district pursuant to §40-37-1 or 40-37-3.
Source:
SL 1974, ch 275, §16; SL 1979, ch 272, §9.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 37 - Predator Control Districts › Section 40-37-17 - Collection and payment to district of control district taxes--Credit to control district fund.

40-37-17. Collection and payment to district of control district taxes--Credit to control district fund.
The proper tax collecting officials shall collect all predator control district taxes, together with interest and penalty thereon, if any, in the same manner as the general taxes are collected, and shall pay over to the predator control district secretary-treasurer on the tenth day of each month all taxes so collected during the preceding month, with interest and penalties collected thereon. The district secretary-treasurer forthwith shall enter these receipts to the credit of the predator control district fund. In addition, such tax may be enforced and collected by distress and sale of the livestock of such person in the same manner as is provided for the collection of mobile home taxes pursuant to chapter 10-22.
Source:
SL 1974, ch 275, §18; SL 1975, ch 262; SL 1992, ch 80, §217.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 37 - Predator Control Districts › Section 40-37-18 - Records kept by secretary-treasurers--Public inspection.

40-37-18. Records kept by secretary-treasurers--Public inspection.
The secretary-treasurer of each predator control district shall keep accurate records of the proceedings of the board of directors and of all receipts and disbursements of district funds. Such records shall be open to public inspection.
Source:
SL 1974, ch 275, §9.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 37 - Predator Control Districts › Section 40-37-19 - Request for information by secretary.

40-37-19. Request for information by secretary.
The secretary of agriculture and natural resources may call upon any district board, or upon any county treasurer, for information concerning the administration of this chapter in any predatory control district.
Source: SL 1974, ch 275, §10; SL 1982, ch 15, §8; SL 2021, ch 1 (Ex. Ord.
21-3
), § 14, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 38 - Protection Of Animal Facilities › Section 40-38-1 - Definition of terms.

40-38-1. Definition of terms.
Terms used in this chapter mean:
(1)"Animal," any living vertebrate except human beings;
(2)"Animal facility," any vehicle, building, structure, research facility, premises, or area where an animal is kept, handled, housed, transported, exhibited, bred, or offered for sale;
(3)"Consent," consent by the owner or by a person legally authorized to act for the owner. Consent is not effective if:
(a)Induced by force or threat;
(b)Given by a person the offender knows is not legally authorized to act for the owner; or
(c)Given by a person who by reason of age, mental disease, or defect, or influence of drugs or alcohol is known by the offender to be incapable of consenting;
(4)"Deprive," to:
(a)Withhold an animal or material appurtenant to an animal from the owner permanently or for so extended a period of time that a major portion of the value or enjoyment of the animal or property is lost to the owner;
(b)Restore an animal or property only upon payment of a reward or other compensation; or
(c)Dispose of an animal or other property in a manner that makes recovery of the animal or property by the owner unlikely;
(5)"Owner," a person who has title to the property, legal possession of the property or a greater right to possession of the property than the other;
(6)"Possession," actual custody, control, or management; and
(7)"Research facility," any place at which any scientific test, experiment, or investigation involving the use of any living animal is carried out, conducted, or attempted.
Source:
SL 1992, ch 291, §1.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 38 - Protection Of Animal Facilities › Section 40-38-2 - Prohibited activities--Exemption for lawful activities of governmental agencies.

40-38-2. Prohibited activities--Exemption for lawful activities of governmental agencies.
No person, without consent, may:
(1)Intentionally damage or destroy an animal facility, an animal, or property in or on the animal facility, or obstruct any enterprise conducted at the animal facility;
(2)Acquire or otherwise exercise control over an animal facility or an animal or other property from an animal facility with the intent to deprive the owner or to obstruct the enterprise conducted at the facility;
(3)Enter an animal facility, not then open to the public, with intent to commit any act prohibited by this section;
(4)Enter an animal facility and remain concealed, with intent to commit any act prohibited by this section;
(5)Enter an animal facility and commit or attempt to commit any act prohibited by this section; or
(6)Intentionally turn out or release any animal in or on an animal facility.
This section does not apply to lawful activities of a governmental agency carrying out its duties under law.
Source:
SL 1992, ch 291, §2.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 38 - Protection Of Animal Facilities › Section 40-38-3 - Entering or remaining in animal facility where entry forbidden or notice to depart received--"Notice" defined--Exemption for lawful activities of governmental agencies.

40-38-3. Entering or remaining in animal facility where entry forbidden or notice to depart received--"Notice" defined--Exemption for lawful activities of governmental agencies.
No person may, without consent, and with the intent to obstruct the enterprise conducted at the animal facility, enter or remain on an animal facility, if the person had notice that the entry was forbidden or received notice to depart but failed to do so. Notice includes communication by the owner or any person with apparent authority to act for the owner, fencing or other enclosures designed to exclude trespassers or to contain animals, or a sign posted on the property or at the entrance to the animal facility indicating that entry is forbidden. This section does not apply to lawful activities of a governmental agency carrying out its duties under law.
Source:
SL 1992, ch 291, §3.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 38 - Protection Of Animal Facilities › Section 40-38-4 - Violation of § 40-38-2 as misdemeanor or felony.

40-38-4. Violation of §40-38-2 as misdemeanor or felony.
Any person who violates subdivision 40-38-2(1) or (6) is guilty of a Class 2 misdemeanor if there is damage of four hundred dollars or less. Any person who violates subdivision 40-38-2(1) or (6) is guilty of a Class 1 misdemeanor if there is damage of an amount greater than four hundred dollars and less than one thousand dollars. Any person who violates subdivision 40-38-2(1) or (6) is guilty of a Class 4 felony if there is damage of one thousand dollars or greater. Any person who violates subdivisions 40-38-2(2) to (5), inclusive, is guilty of a Class 4 felony.
Source:
SL 1992, ch 291, §4; SL 2006, ch 130, §16.
2023 South Dakota Codified Laws › Title 40 - Animals and Livestock › Chapter 38 - Protection Of Animal Facilities › Section 40-38-5 - Civil action by person damaged for three times amount of actual and consequential damages--Costs and attorney fees.

40-38-5. Civil action by person damaged for three times amount of actual and consequential damages--Costs and attorney fees.
Any person who has been damaged by reason of violation of this chapter may bring an action in the circuit court against the person causing the damage to recover an amount equal to three times all actual and consequential damages. Such person may also recover his court costs and reasonable attorney fees.
Source:
SL 1992, ch 291, §5.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 01 - Definitions And General Provisions › Section 41-1-1.1 - Persons deemed state residents.

41-1-1.1. Persons deemed state residents.
For the purposes of this title, the following are deemed to be residents of this state:
(1)Any person who previously had a domicile in this state who is absent due to business of the United States or of this state, or is serving in the armed forces of the United States or the spouse of an active duty military person;
(2)Any person who previously had a domicile in this state who is absent due to the person's regular attendance at a post-high school institution as a full-time student or due to the person's regular attendance in a medical or dental residency program;
(3)Any person in the active military of the United States or that person's spouse who is continuously stationed in this state;
(4)Any person who is a patient in any war veterans' hospital within this state;
(5)Any person who is an employee of the veterans' administration or any veterans' hospital in this state;
(6)Any person residing on restricted military reservations in this state;
(7)Any person attending regularly a post-high school institution in this state as a full-time student for thirty days or more immediately preceding the application;
(8)Any foreign exchange student over sixteen years of age attending a public or private high school who has resided in the state for thirty days or more preceding the application;
(9)Any foreign exchange student who is between the ages of twelve years and sixteen years who has completed the Department of Game, Fish and Parks' course of instruction in the safe handling of firearms and has been issued a certificate of competency upon completion of instruction and who has resided in the state for thirty days or more preceding application for a license;
(10)Any person who is a minor dependent of a resident of this state; and
(11)For the purpose of acquiring resident small game and fishing licenses, any person who does not reside in South Dakota but who is a member of the South Dakota National Guard or of any other unit of a reserve component of the armed forces of the United States that is located in South Dakota.
Source:
SL 2008, ch 216, §3; SL 2014, ch 197, §1.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 01 - Definitions And General Provisions › Section 41-1-1.2 - Termination of resident status.

41-1-1.2. Termination of resident status.
Except for a person who continues to qualify for resident privileges as provided in §41-1-1.1, a person is deemed to have terminated the person's South Dakota resident status if the person applies for, purchases, or accepts a resident hunting, fishing, or trapping license issued by another state or foreign country; registers to vote in another state or foreign country; accepts a driver's license issued by another state or foreign country; or moves to any other state or foreign country and makes it the person's domicile or makes any claim of residency for any purpose in the other state or foreign country. However, a person who has lawfully acquired a resident hunting, fishing, or trapping license and who leaves the state after acquiring the license to take up residency elsewhere may continue to exercise all the privileges granted by the license until the license expires if the person's respective privileges are not revoked or suspended pursuant to §§41-6-75 to 41-6-75.2, inclusive.
Source:
SL 2008, ch 216, §4.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 01 - Definitions And General Provisions › Section 41-1-1.3 - Definition of trophy animals.

41-1-1.3. Definition of trophy animals.
Terms, as used in this chapter, mean:
(1)"Trophy antelope," any antelope with at least one horn greater than fifteen inches in length, as measured along the outside curve from base to tip;
(2)"Trophy mule deer," any mule deer having a Boone and Crockett gross score of one hundred sixty points or greater;
(3)"Trophy white-tailed deer," any white-tailed deer having a Boone and Crockett gross score of one hundred forty points or greater; and
(4)"Trophy elk," any elk having a Boone and Crockett gross score of three hundred ten points or greater.
The Boone and Crockett score shall be determined using the Boone and Crockett Club's official scoring system for North American big game trophies as provided in Records of North American Big Game, 12th Edition, The Boone & Crockett Club, Missoula, MT, 2005. For purposes of this section, antlers or skulls may be measured at any time; no drying period is required.
Source:
SL 2010, ch 206, §1.