An Act to authorize the payment of administrative expenses from habitat stamp sales.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That 41-6-85 be AMENDED:
41-6-85.
Except as
otherwise
provided in
41-6-10.2
this section, a
person eighteen years of age or older shall purchase a habitat stamp
when applying for or purchasing a fishing,
hunting,
or
fishing
furbearer
license.
The fee for the habitat stamp
shall be
is ten dollars
for residents
a resident and
twenty-five dollars for
nonresidents
a nonresident.
A person is not required to purchase more than one habitat stamp
within a license period,
as provided by the applicable license,
and rules promulgated by the commission under chapter 1-26.
Any person required to possess a
fishing
license,
hunting
license, or
fishing
license
to take fur-bearing animals
may not fish
and,
hunt, or trap
without a
habitat stamp
validation.
A
purchase of the habitat stamp is not required for the one-day hunting
or fishing license, youth hunting license, private shooting preserve
license, hunt for habitat application fee, or landowner hunting
license.
A
violation of
The requirement to purchase a habitat stamp, as set forth in this section, does not apply to:
(1) A resident who meets the criteria set forth in 41-6-10.2;
(2) A resident applying for or purchasing:
(a) A one-day fishing license;
(b) A one-day hunting license;
(c) A youth hunting license;
(d) A hunt for habitat raffle ticket; or
(e) A landowner hunting license;
(3) A resident applying for or purchasing a private shooting preserve license before July 1, 2025;
(4) A nonresident applying for or purchasing:
(a) A youth hunting license; or
(b) A hunt for habitat raffle ticket; or
(5) A nonresident applying for or purchasing a private shooting preserve license before July 1, 2025.
A person who violates this section is guilty of a Class 2 misdemeanor.
Section 2. That 41-6-86 be AMENDED:
41-6-86.
All
revenue The
department shall deposit money collected
from the sale of
the
a habitat
stamp,
as provided for
in 41-6-85
shall be deposited in,
into the game,
fish and parks fund
for the purposes of enhancing.
The department shall use the money to:
(1) Enhance
terrestrial habitat on public lands,
providing;
(2) Provide additional public access to private lands; and
(3) Provide
aquatic habitat
enhancements on public waters.
All fees collected from persons who only purchase
The department may set aside an amount sufficient to pay any administrative expenses incurred in carrying out the requirements of this section. The amount set aside may not exceed one percent of the amount collected under 41-6-85.
The
department shall use any remaining money generated from the sale of a
habitat stamp, in connection with a fishing
licenses
shall be used solely license,
for aquatic
habitat
and access projects in
enhancements on
public waters.
All fees collected from persons who only purchase
The
department shall use any remaining money generated from the sale of a
habitat stamp, in connection with a hunting
or
trapping licenses shall be used solely
furbearer license, for
terrestrial habitat and programs
that provide additional public
access
programs.
All fees collected from persons that purchase privileges to fish and
hunt, or trap shall be extended equally for aquatic and
to private land.
The
department shall use any remaining money generated from the sale of a
habitat stamp, in connection with a combination hunting and fishing
license, in equal parts, to enhance
terrestrial habitat.
Proceeds from the habitat stamp fee collected may not be used
on public lands and to provide aquatic habitat enhancements on public
waters.
The department may not use money generated under 41-6-85 to purchase property in fee title.
The
On
or before October first of each year, the department
shall
deliver an annual
provide an
itemized expenditure report to the Government Operations and Audit
Committee.