An Act to prohibit the imposition of fishing and hunting license fees on members of an Indian Tribe.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That   41-6-10 be AMENDED:

41-6-10. Licenses, permits, and stamps issued under this title are classified as follows:

(1) Disabled hunter permit;

(2) Export bait dealer license;

(2A)(3) Fall three-day temporary nonresident waterfowl license;

(3)(4) Fur dealer's license;

(4)(5) Hoop net, trap, or setline license;

(5)(6) License for breeding and domesticating animals and birds;

(6)(7) Resident license to take fur-bearing animals;

(6A)(8) Reciprocal nonresident license to take fur-bearing animals;

(7)(9) Nonresident big game license;

(8)(10) Nonresident fishing license;

(9)(11) Nonresident predator/varmint license;

(10) Repealed by SL 1999, ch 213,   3.

(11)(12) Nonresident retail bait dealer license;

(12)(13) Nonresident shooting preserve license;

(13)(14) Nonresident small game license;

(14)(15) Nonresident and resident migratory bird certification permit;

(15)(16) Nonresident wholesale bait dealer license;

(16)(17) Nonresident wild turkey license;

(17)(18) Nursing facility group fishing license;

(18)(19) Park user's license;

(19)(20) Permit for transportation of big game animal;

(20)(21) Private fish hatchery license;

(21)(22) Resident big game license;

(22)(23) Resident elk license;

(23)(24) Resident fishing license and resident senior fishing license;

(24) Repealed by SL 1999, ch 213,   3.

(25) Resident retail bait dealer license;

(26) Resident small game license and resident youth small game license;

(27) Resident predator/varmint license;

(28) Resident wholesale bait dealer license;

(29) Resident wild turkey license;

(30) Scientific collector's license;

(31) Special nonresident waterfowl license;

(32) Repealed by SL 1999, ch 213,   3.

(33)(32) Taxidermist's license;

(33A)(33) Spring snow goose temporary nonresident license;

(33B)(34) Early fall Canada goose temporary nonresident license;

(34)(35) Temporary fishing and hunting licenses.

The rights and privileges of such licensees are set forth in    41-6-12 to 41-6-45.1, inclusive, and in   41-17-13. The Game, Fish and Parks Commission shall promulgate rules pursuant to chapter 1-26 to set the fees, eligibility, and duration for such licenses. The commission may not impose a fee, for a license to hunt or fish, on an individual who is a member of an Indian tribe, as defined in   2-14-2.

Section 2. That   41-6-19 be AMENDED:

41-6-19. It is a Class 1 misdemeanor for a resident to hunt, take, or kill big game animals, except wild turkey, without a resident big game license, or to be in violation of the conditions of the license or the rules of the Game, Fish and Parks Commission.

A resident big game license shall permit enables the licensee to hunt game animals in the manner and to the extent provided in    41-8-6 to 41-8-17, inclusive. The license fees for mountain goats and bighorn sheep in Custer State Park shall must be established pursuant to   41-17-1.1. The commission may not impose a fee, for a license to hunt, on an individual who is a member of an Indian tribe, as defined in   2-14-2.

Section 3. That   41-6-19.3 be AMENDED:

41-6-19.3. If a resident owns or leases, for agricultural purposes, the minimum acreage necessary to qualify for landowner preference, in accordance with rules promulgated by the Game, Fish and Parks Commission and if the resident has not, pursuant to   41-6-19, received a big game license that permits the harvest of a buck during the west river deer season, east river deer season, Black Hills deer season, or firearm antelope season set by the commission in accordance with   41-2-18, the resident may obtain a landowner-on-own-land license. The commission shall promulgate rules, in accordance with chapter 1-26, to establish the types