25.337.12 100th Legislative Session 153
2025 South Dakota Legislature
Senate Bill 153
Introduced by: Senator Karr
Underscores indicate new language.
Overstrikes indicate deleted language.
An Act to require that expenditures from the department of game, fish and parks 1
fund be budgeted through the general appropriation bill. 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3
Section 1. That § 32-5-197 be AMENDED: 4
32-5-197. The Department of Game, Fish and Parks, and its agents, may sell the 5
habitat conservation emblems and are responsible for the administration of the habitat 6
conservation emblem. Fees for the habitat conservation emblems must be set by rules 7
promulgated by the Game, Fish and Parks Commission pursuant to chapter 1-26. Any 8
revenue collected from the sale of the habitat conservation emblems must be deposited 9
into the department of game, fish and parks fund. Expenditures from the fund, for the 10
purposes of habitat development and enhancement on public and private lands , must be 11
budgeted through the general appropriation bill. 12
Section 2. That § 40-36-9 be AMENDED: 13
40-36-9. The Department of Game, Fish and Parks may direct or employ personnel 14
and conduct programs and the Game, Fish and Parks Commission may adopt , pursuant to 15
chapter 1-26 necessary, rules to control foxes, coyotes, feral dogs, foxes, prairie dogs, 16
and other wild animals. The expense thereof shall be paid out of the Department of Game, 17
Fish and Parks Sources of moneys for the purposes of this section are the department of 18
game, fish, and parks fund or and the state animal damage control fund. Expenditures 19
from the department of game, fish and parks fund must be budgeted through the general 20
appropriation bill. 21
Section 3. That § 41-2-19 be AMENDED: 22
41-2-19. The Department of Game, Fish and Parks may, on behalf and in the 23
name of the state, acquire public or private property by gift, grant, devise, purchase, 24 25.337.12 2 153
Underscores indicate new language.
Overstrikes indicate deleted language.
lease, or condemnation proceedings, and may manage, control, and improve the property 1
for the purpose of exercising the powers granted in this title. The source of moneys for 2
the acquisition of property, or its management, control and improvement, in accordance 3
with this section, is the department of game, fish and parks fund. Expenditures from the 4
fund must be budgeted through the general appropriation bill. 5
Section 4. That § 41-2-21 be AMENDED: 6
41-2-21. The Department of Game, Fish and Parks may acquire , by any means or 7
methods as specified in § 41-2-19, any public or private real property especially desirable 8
for purposes of establishing public shooting areas or for the purposes of water 9
conservation or recreation, and may develop and improve the property for such the stated 10
purposes. The source of moneys for the acquisition of property, or its development and 11
improvement, in accordance with this section, is the department of game, fish and parks 12
fund. Expenditures from the fund must be budgeted through the general appropriation 13
bill. 14
Section 5. That § 41-2-22 be AMENDED: 15
41-2-22. The Department of Game, Fish and Parks may establish and operate 16
controlled hunting areas whenever , in the opinion of the Game, Fish and Parks 17
Commission, the establishment of such areas is in the best interest of the people of South 18
Dakota. The source of moneys for any establishment and operation under this section is 19
the department of game, fish and parks fund. Expenditures from the fund must be 20
budgeted through the general appropriation bill. 21
Section 6. That § 41-2-23 be AMENDED: 22
41-2-23. The Department of Game, Fish and Parks shall, if directed by the Game, 23
Fish and Parks Commission, expend funds for the improvement of wildlife habitat, access 24
to hunting, and access to fishing or recreation areas on any land, public or private, within 25
the state, notwithstanding the provisions of § 5-14-10. Any land so improved is open to 26
reasonable use by the public. The source of moneys for any improvement or access under 27
this section is the department of game, fish and parks fund. Expenditures from the fund 28
must be budgeted through the general appropriation bill. 29
Section 7. That § 41-2-25 be AMENDED: 30 25.337.12 3 153
Underscores indicate new language.
Overstrikes indicate deleted language.
41-2-25. The Department of Game, Fish and Parks may make capital 1
improvements that the Game, Fish and Parks Commission deems necessary or proper for 2
the extension, improvement, or development of state parks and recreation areas on all 3
land leased by the department. The provisions of § 5-14-10 do not apply to this section. 4
The source of moneys for any improvements under this section is the department of game, 5
fish and parks fund. Expenditures from the fund must be budgeted through the general 6
appropriation bill. 7
Section 8. That § 41-2-29 be AMENDED: 8
41-2-29. The Department of Game, Fish and Parks may authorize sales of any and 9
all forest products or of lands owned by the department. Proceeds from such sales shall 10
become a part of the funds authorized for use of the Department of Game, Fish and Parks 11
by this chapter the sales must be deposited into the department of game, fish and parks 12
fund. Moneys in the fund must be budgeted through the general appropriation bill. 13
Section 9. That § 41-2-31 be AMENDED: 14
41-2-31. The Moneys directed to the Department of Game, Fish and Parks may 15
accept, use, and expend any funds directed to it and provided by any agency of the United 16
States government or provided by any other private or public sources must be deposited 17
into the department of game, fish and parks fund. Moneys in the fund must be budgeted 18
through the general appropriation bill. 19
Section 10. That § 41-2-35 be AMENDED: 20
41-2-35. All moneys in the Department of Game, Fish and Parks Moneys in the 21
department of game, fish and parks fund are hereby annually appropriated to must be 22
budgeted through the general appropriation bill and may be used with any moneys 23
otherwise appropriated to pay the necessary expenses of effectuating the purposes of this 24
title. 25
Section 11. That § 41-2-35.1 be REPEALED. 26
Notwithstanding any other provisions of law, all funds received by the Department 27
of Game, Fish and Parks shall be set forth in an informational budget as described in § 4-28
7-7.2 and be annually reviewed by the Legislature. Nothing in this section affects 29 25.337.12 4 153
Underscores indicate new language.
Overstrikes indicate deleted language.
department control over expenditures of any portion of dedicated revenues received by 1
the department. 2
Section 12. That § 41-4-2 be AMENDED: 3
41-4-2. Payment The source of payment for lands acquired by eminent domain, 4
including the cost and expenses of condemnation proceedings, shall be paid out of the 5
Department of Game, Fish and Parks fund, and such part of such fund as may be necessary 6
is hereby appropriated for such purposes, and the state auditor shall issue warrants upon 7
the state treasurer against such fund upon vouchers duly approved by the Game, Fish and 8
Parks Commission is the department of game, fish and parks fund. Expenditures from the 9
fund must be budgeted through the general appropriation bill. 10
Section 13. That § 41-6-86 be AMENDED: 11
41-6-86. .All revenue collected from the sale of the habitat stamp provided for in 12
§ 41-6-85 shall must be deposited in the department of game, fish and parks fund. 13
Expenditures from the fund for the purposes of enhancing terrestrial habitat on public 14
lands, providing additional public access to private lands, and providing aquatic habitat 15
enhancements on public waters must be budgeted through the general appropriation bill. 16
All fees collected from persons who only purchase fishing licenses shall must be used 17
solely for aquatic habitat and access projects in public waters. All fees collected from 18
persons who only purchase hunting or trapping licenses shall must be used solely for 19
terrestrial habitat and public access programs. All fees collected from persons that 20
purchase who purchase privileges to fish and hunt, or trap shall must be extended equally 21
for aquatic and terrestrial habitat. 22
Proceeds from the habitat stamp fee collected may not be used to purchase 23
property in fee title. 24
The department shall deliver an annual itemized expenditure report to the 25
Government Operations and Audit Committee. 26
Section 14. That § 41-13-1 be AMENDED: 27
41-13-1. It is a Class 1 misdemeanor for any person to empty or allow to be 28
emptied, to place or allow to be placed, any sawdust, manure, refuse matter, sedimentary 29
materials, pollutants, or chemicals of any kind in the waters of this state containing fish 30
and wildlife, or to deposit the same within such distance that it may be carried into such 31 25.337.12 5 153
Underscores indicate new language.
Overstrikes indicate deleted language.
the waters by natural causes, except as expressly provided in this chapter. Any person 1
who knowingly or willfully empties, places, or discharges pollutants or chemicals into state 2
waters is liable to the Department of Game, Fish and Parks for an amount, to be deposited 3
in the department of game, fish and parks fund, which will. Expenditures from the fund 4
must be used to compensate for the restoration of losses and must be budgeted through 5
the general appropriation bill. 6