South Dakota 2025 Regular Session

South Dakota Senate Bill SB153 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	25.337.12 100th Legislative Session 153
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4	4	2025 South Dakota Legislature
5	5	Senate Bill 153
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11	11
12	12	Introduced by: Senator Karr
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14	14	Underscores indicate new language.
15	15	Overstrikes indicate deleted language.
16	16	An Act to require that expenditures from the department of game, fish and parks 1
17	17	fund be budgeted through the general appropriation bill. 2
18	18	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3
19	19	Section 1. That § 32-5-197 be AMENDED: 4
20	20	32-5-197. The Department of Game, Fish and Parks, and its agents, may sell the 5
21	21	habitat conservation emblems and are responsible for the administration of the habitat 6
22	22	conservation emblem. Fees for the habitat conservation emblems must be set by rules 7
23	23	promulgated by the Game, Fish and Parks Commission pursuant to chapter 1-26. Any 8
24	24	revenue collected from the sale of the habitat conservation emblems must be deposited 9
25	25	into the department of game, fish and parks fund. Expenditures from the fund, for the 10
26	26	purposes of habitat development and enhancement on public and private lands , must be 11
27	27	budgeted through the general appropriation bill. 12
28	28	Section 2. That § 40-36-9 be AMENDED: 13
29	29	40-36-9. The Department of Game, Fish and Parks may direct or employ personnel 14
30	30	and conduct programs and the Game, Fish and Parks Commission may adopt , pursuant to 15
31	31	chapter 1-26 necessary, rules to control foxes, coyotes, feral dogs, foxes, prairie dogs, 16
32	32	and other wild animals. The expense thereof shall be paid out of the Department of Game, 17
33	33	Fish and Parks Sources of moneys for the purposes of this section are the department of 18
34	34	game, fish, and parks fund or and the state animal damage control fund. Expenditures 19
35	35	from the department of game, fish and parks fund must be budgeted through the general 20
36	36	appropriation bill. 21
37	37	Section 3. That § 41-2-19 be AMENDED: 22
38	38	41-2-19. The Department of Game, Fish and Parks may, on behalf and in the 23
39	39	name of the state, acquire public or private property by gift, grant, devise, purchase, 24 25.337.12 2 153
40	40	Underscores indicate new language.
41	41	Overstrikes indicate deleted language.
42	42	lease, or condemnation proceedings, and may manage, control, and improve the property 1
43	43	for the purpose of exercising the powers granted in this title. The source of moneys for 2
44	44	the acquisition of property, or its management, control and improvement, in accordance 3
45	45	with this section, is the department of game, fish and parks fund. Expenditures from the 4
46	46	fund must be budgeted through the general appropriation bill. 5
47	47	Section 4. That § 41-2-21 be AMENDED: 6
48	48	41-2-21. The Department of Game, Fish and Parks may acquire , by any means or 7
49	49	methods as specified in § 41-2-19, any public or private real property especially desirable 8
50	50	for purposes of establishing public shooting areas or for the purposes of water 9
51	51	conservation or recreation, and may develop and improve the property for such the stated 10
52	52	purposes. The source of moneys for the acquisition of property, or its development and 11
53	53	improvement, in accordance with this section, is the department of game, fish and parks 12
54	54	fund. Expenditures from the fund must be budgeted through the general appropriation 13
55	55	bill. 14
56	56	Section 5. That § 41-2-22 be AMENDED: 15
57	57	41-2-22. The Department of Game, Fish and Parks may establish and operate 16
58	58	controlled hunting areas whenever , in the opinion of the Game, Fish and Parks 17
59	59	Commission, the establishment of such areas is in the best interest of the people of South 18
60	60	Dakota. The source of moneys for any establishment and operation under this section is 19
61	61	the department of game, fish and parks fund. Expenditures from the fund must be 20
62	62	budgeted through the general appropriation bill. 21
63	63	Section 6. That § 41-2-23 be AMENDED: 22
64	64	41-2-23. The Department of Game, Fish and Parks shall, if directed by the Game, 23
65	65	Fish and Parks Commission, expend funds for the improvement of wildlife habitat, access 24
66	66	to hunting, and access to fishing or recreation areas on any land, public or private, within 25
67	67	the state, notwithstanding the provisions of § 5-14-10. Any land so improved is open to 26
68	68	reasonable use by the public. The source of moneys for any improvement or access under 27
69	69	this section is the department of game, fish and parks fund. Expenditures from the fund 28
70	70	must be budgeted through the general appropriation bill. 29
71	71	Section 7. That § 41-2-25 be AMENDED: 30 25.337.12 3 153
72	72	Underscores indicate new language.
73	73	Overstrikes indicate deleted language.
74	74	41-2-25. The Department of Game, Fish and Parks may make capital 1
75	75	improvements that the Game, Fish and Parks Commission deems necessary or proper for 2
76	76	the extension, improvement, or development of state parks and recreation areas on all 3
77	77	land leased by the department. The provisions of § 5-14-10 do not apply to this section. 4
78	78	The source of moneys for any improvements under this section is the department of game, 5
79	79	fish and parks fund. Expenditures from the fund must be budgeted through the general 6
80	80	appropriation bill. 7
81	81	Section 8. That § 41-2-29 be AMENDED: 8
82	82	41-2-29. The Department of Game, Fish and Parks may authorize sales of any and 9
83	83	all forest products or of lands owned by the department. Proceeds from such sales shall 10
84	84	become a part of the funds authorized for use of the Department of Game, Fish and Parks 11
85	85	by this chapter the sales must be deposited into the department of game, fish and parks 12
86	86	fund. Moneys in the fund must be budgeted through the general appropriation bill. 13
87	87	Section 9. That § 41-2-31 be AMENDED: 14
88	88	41-2-31. The Moneys directed to the Department of Game, Fish and Parks may 15
89	89	accept, use, and expend any funds directed to it and provided by any agency of the United 16
90	90	States government or provided by any other private or public sources must be deposited 17
91	91	into the department of game, fish and parks fund. Moneys in the fund must be budgeted 18
92	92	through the general appropriation bill. 19
93	93	Section 10. That § 41-2-35 be AMENDED: 20
94	94	41-2-35. All moneys in the Department of Game, Fish and Parks Moneys in the 21
95	95	department of game, fish and parks fund are hereby annually appropriated to must be 22
96	96	budgeted through the general appropriation bill and may be used with any moneys 23
97	97	otherwise appropriated to pay the necessary expenses of effectuating the purposes of this 24
98	98	title. 25
99	99	Section 11. That § 41-2-35.1 be REPEALED. 26
100	100	Notwithstanding any other provisions of law, all funds received by the Department 27
101	101	of Game, Fish and Parks shall be set forth in an informational budget as described in § 4-28
102	102	7-7.2 and be annually reviewed by the Legislature. Nothing in this section affects 29 25.337.12 4 153
103	103	Underscores indicate new language.
104	104	Overstrikes indicate deleted language.
105	105	department control over expenditures of any portion of dedicated revenues received by 1
106	106	the department. 2
107	107	Section 12. That § 41-4-2 be AMENDED: 3
108	108	41-4-2. Payment The source of payment for lands acquired by eminent domain, 4
109	109	including the cost and expenses of condemnation proceedings, shall be paid out of the 5
110	110	Department of Game, Fish and Parks fund, and such part of such fund as may be necessary 6
111	111	is hereby appropriated for such purposes, and the state auditor shall issue warrants upon 7
112	112	the state treasurer against such fund upon vouchers duly approved by the Game, Fish and 8
113	113	Parks Commission is the department of game, fish and parks fund. Expenditures from the 9
114	114	fund must be budgeted through the general appropriation bill. 10
115	115	Section 13. That § 41-6-86 be AMENDED: 11
116	116	41-6-86. .All revenue collected from the sale of the habitat stamp provided for in 12
117	117	§ 41-6-85 shall must be deposited in the department of game, fish and parks fund. 13
118	118	Expenditures from the fund for the purposes of enhancing terrestrial habitat on public 14
119	119	lands, providing additional public access to private lands, and providing aquatic habitat 15
120	120	enhancements on public waters must be budgeted through the general appropriation bill. 16
121	121	All fees collected from persons who only purchase fishing licenses shall must be used 17
122	122	solely for aquatic habitat and access projects in public waters. All fees collected from 18
123	123	persons who only purchase hunting or trapping licenses shall must be used solely for 19
124	124	terrestrial habitat and public access programs. All fees collected from persons that 20
125	125	purchase who purchase privileges to fish and hunt, or trap shall must be extended equally 21
126	126	for aquatic and terrestrial habitat. 22
127	127	Proceeds from the habitat stamp fee collected may not be used to purchase 23
128	128	property in fee title. 24
129	129	The department shall deliver an annual itemized expenditure report to the 25
130	130	Government Operations and Audit Committee. 26
131	131	Section 14. That § 41-13-1 be AMENDED: 27
132	132	41-13-1. It is a Class 1 misdemeanor for any person to empty or allow to be 28
133	133	emptied, to place or allow to be placed, any sawdust, manure, refuse matter, sedimentary 29
134	134	materials, pollutants, or chemicals of any kind in the waters of this state containing fish 30
135	135	and wildlife, or to deposit the same within such distance that it may be carried into such 31 25.337.12 5 153
136	136	Underscores indicate new language.
137	137	Overstrikes indicate deleted language.
138	138	the waters by natural causes, except as expressly provided in this chapter. Any person 1
139	139	who knowingly or willfully empties, places, or discharges pollutants or chemicals into state 2
140	140	waters is liable to the Department of Game, Fish and Parks for an amount, to be deposited 3
141	141	in the department of game, fish and parks fund, which will. Expenditures from the fund 4
142	142	must be used to compensate for the restoration of losses and must be budgeted through 5
143	143	the general appropriation bill. 6