| 1 | 1 | | 25.686.9 100th Legislative Session 1215 |
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| 4 | 4 | | 2025 South Dakota Legislature |
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| 5 | 5 | | House Bill 1215 |
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| 12 | 12 | | Introduced by: Representative DeGroot |
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| 13 | 13 | | |
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| 14 | 14 | | Underscores indicate new language. |
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| 15 | 15 | | Overstrikes indicate deleted language. |
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| 16 | 16 | | An Act to provide rulemaking authority for the licensure of fishing guides, hunting 1 |
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| 17 | 17 | | guides, and outfitters, and to provide a penalty. 2 |
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| 18 | 18 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 |
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| 19 | 19 | | Section 1. That a NEW SECTION be added to chapter 41-6: 4 |
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| 20 | 20 | | The Game, Fish and Parks Commission shall, by rule promulgated in accordance 5 |
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| 21 | 21 | | with chapter 1-26, provide for the licensure of individuals who serve as fishing guides, 6 |
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| 22 | 22 | | hunting guides, or outfitters, or any combination thereof. The rules must include: 7 |
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| 23 | 23 | | (1) Permitted and restricted activities within each category of licensure; 8 |
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| 24 | 24 | | (2) Criteria for licensure eligibility, including a requirement that the applicant be a 9 |
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| 25 | 25 | | resident of this state; 10 |
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| 26 | 26 | | (3) Fees for each type of license established under this section; 11 |
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| 27 | 27 | | (4) Administrative and recordkeeping requirements for licensees; 12 |
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| 28 | 28 | | (5) Conditions under which required records may be requested or inspected by the 13 |
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| 29 | 29 | | commission; 14 |
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| 30 | 30 | | (6) Conditions under which facilities and equipment may be inspected by the 15 |
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| 31 | 31 | | Department; 16 |
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| 32 | 32 | | (7) Operational guidelines for licensees; 17 |
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| 33 | 33 | | (8) Requirements for liability insurance, including the nature, type, and amount; 18 |
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| 34 | 34 | | (9) The process by which licensure applications are accepted and considered; 19 |
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| 35 | 35 | | (10) The grounds upon which a licensure application may be denied; 20 |
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| 36 | 36 | | (11) The grounds upon which a license may be suspended or revoked, and the 21 |
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| 37 | 37 | | administrative procedures to be followed, including public notice and public 22 |
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| 38 | 38 | | testimony; and 23 |
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| 39 | 39 | | (12) Any other provisions deemed necessary by the commission to establish, 24 |
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| 40 | 40 | | implement, and administer a program for the licensure of individuals who serve as 25 |
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| 41 | 41 | | fishing guides, hunting guides, or outfitters, or any combination thereof. 26 25.686.9 2 1215 |
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| 42 | 42 | | Underscores indicate new language. |
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| 43 | 43 | | Overstrikes indicate deleted language. |
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| 44 | 44 | | Beginning July 1, 2026, any individual who serves as a fishing guide, a hunting 1 |
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| 45 | 45 | | guide, or an outfitter, without having been issued a license in accordance with rules 2 |
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| 46 | 46 | | promulgated under this section, is guilty of a Class 1 misdemeanor. 3 |
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| 47 | 47 | | The requirements of this section do not apply to guiding activities occurring on a 4 |
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| 48 | 48 | | shooting preserve, as defined in ยง 41-10-1, or to an individual who is the owner of property 5 |
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| 49 | 49 | | and authorizes another to hunt on that property, provided the individual does not 6 |
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| 50 | 50 | | otherwise engage in guiding activities. 7 |
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