25.230.11 100th Legislative Session 41 2025 South Dakota Legislature Senate Bill 41 ENROLLED AN ACT ENTITLED An Act to clarify the minimum age requirements for a hunting license. 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) Breeding and raising birds license; (2) Disabled hunter permit; (3) Export bait dealer license; (4) Fur dealer's license; (5) Hoop net, trap, or setline license; (6) Mentored youth hunting license; (7) Nonresident big game license; (8) Nonresident fishing license; (9) Nonresident and resident migratory bird certification permit; (10) Nonresident predator/varmint license; (11) Nonresident retail bait dealer license; (12) Nonresident shooting preserve license; (13) Nonresident small game license; (14) Nonresident wholesale bait dealer license; (15) Nonresident wild turkey license; (16) Nursing facility group fishing license; (17) Park user's license; (18) Permit for transportation of big game animal; (19) Private fish hatchery license; (20) Reciprocal nonresident license to take fur-bearing animals; (21) Resident license to take fur-bearing animals; 25.230.11 2 41 SB41 ENROLLED (22) Resident big game license; (23) Resident elk license; (24) Resident fishing license and resident senior fishing license; (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) Taxidermist's license; (33) Temporary fishing and hunting licenses; (34) Temporary nonresident early fall Canada goose license; (35) Temporary nonresident fall three-day waterfowl license; and (36) Temporary nonresident spring snow goose license. 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. Section 2. That § 41-6-12 be AMENDED: 41-6-12. Any person who is a resident of this state, as defined by this title, qualifies as a resident for securing a resident hunting license, fishing license, or preference point. A person who is not a resident of this state, as defined by this title, shall secure an applicable nonresident hunting license, fishing license, or preference point. Except as otherwise provided in § 41-6-81, a person under the age of twelve may not be granted a hunting license. A person who is ten years of age or older may be granted a hunting preference point. A person who is eleven years of age and who will become twelve years of age during the period of September first to December thirty-first, inclusive, may be granted a hunting license or preference point and may be allowed to hunt beginning September first. Section 3. That § 41-6-14 be AMENDED: 41-6-14. Except as otherwise provided in § 41-6-81, a person under the age of sixteen shall comply with the provisions of chapter 41-7, pertaining to firearms safety, 25.230.11 3 41 SB41 ENROLLED before being granted a resident hunting license or an applicable nonresident hunting license. Section 4. That § 41-6-81 be AMENDED: 41-6-81. A mentored youth hunting license may be issued to a child under the age of sixteen. The child must be accompanied by a hunting mentor. A hunting mentor may be the child's parent or guardian or any other competent adult who has the consent of the child's parent or guardian. The hunting mentor shall be unarmed, except as otherwise provided in this section, and shall have successfully completed a hunter safety or hunter education course that meets the requirements of chapter 41-7. A child who hunts pursuant to this section must be under the immediate physical control, direct supervision, and responsibility of a hunting mentor, at the time the child discharges a firearm or operates a bow and arrow in the act of hunting. A hunting mentor may accompany no more than one mentored child at any one time. Nothing in this section prohibits the hunting mentor from carrying a concealed pistol or other legally possessed handgun. The Game, Fish and Parks Commission shall promulgate rules, pursuant to chapter 1-26, to establish criteria and conditions governing the mentored youth hunting license and the hunter mentoring program established in this section. Section 5. That § 41-7-1 be AMENDED: 41-7-1. Notwithstanding § 41-6-13, a hunting license, other than a mentored youth hunting license, may not be issued to a child under the age of sixteen, unless the child presents to the person authorized to issue the license: (1) A certificate verifying the successful completion of a hunter safety or hunter education course, as provided for in rules promulgated by the Game, Fish and Parks Commission, pursuant to chapter 1-26; (2) A certificate verifying the successful completion of a hunter safety or hunter education course from another state or province of Canada; or (3) A hunting license issued to the applicant in the current or previous year. A violation of this section is a Class 2 misdemeanor. 25.230.11 4 41 SB41 ENROLLED An Act to clarify the minimum age requirements for a hunting license. I certify that the attached Act originated in the: Senate as Bill No. 41 Secretary of the Senate President of the Senate Attest: Secretary of the Senate Speaker of the House Attest: Chief Clerk Senate Bill No. 41 File No. ____ Chapter No. ______ Received at this Executive Office this _____ day of _____________, 2025 at ____________M. By for the Governor The attached Act is hereby approved this ________ day of ______________, A.D., 2025 Governor STATE OF SOUTH DAKOTA , ss. Office of the Secretary of State Filed ____________, 2025 at _________ o'clock __M. Secretary of State By Asst. Secretary of State