An Act to provide rulemaking authority for the licensure of fishing guides, hunting guides, and outfitters, and to provide a penalty.

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

Section 1. That a NEW SECTION be added to chapter 41-6:

The Game, Fish and Parks Commission shall, by rule promulgated in accordance with chapter 1-26, provide for the licensure of individuals who serve as fishing guides, hunting guides, or outfitters, or any combination thereof. The rules must include:

(1) Permitted and restricted activities within each category of licensure;

(2) Criteria for licensure eligibility, including a requirement that the an applicant for an outfitter's license be a resident of this state;

(3) Fees for each type of license established under this section;

(4) Administrative and recordkeeping requirements for licensees;

(5) Conditions under which required records may be requested or inspected by the commission;

(6) Conditions under which facilities and equipment may be inspected by the Department;

(7) Operational guidelines for licensees;

(8) Requirements for liability insurance, including the nature, type, and amount;

(9) The process by which licensure applications are accepted and considered;

(10) The grounds upon which a licensure application may be denied;

(11) The grounds upon which a license may be suspended or revoked, and the administrative procedures to be followed, including public notice and public testimony; and

(12) Any other provisions deemed necessary by the commission to establish, implement, and administer a program for the licensure of individuals who serve as fishing guides, hunting guides, or outfitters, or any combination thereof.

Beginning July 1, 2026, any individual who serves as a fishing guide, a hunting guide, or an outfitter, without having been issued a license in accordance with rules promulgated under this section, is guilty of a Class 1 misdemeanor.

The requirements of this section do not apply to guiding activities occurring on a shooting preserve, as defined in § 41-10-1, or to an individual who is the owner of property and authorizes another to hunt on that property, provided the individual does not otherwise engage in guiding activities.