An Act to provide for a habitat stamp on hunting and fishing licenses.

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

Section 1. That a NEW SECTION be added:

41-6-85. Habitat stamp--Fee--Requirements--Violation as misdemeanor.

A Except as provided in § 41-6-10.1, a person eighteen years of age or older shall purchase a habitat stamp when applying for or purchasing a hunting or fishing license. The fee for the habitat stamp shall be ten dollars for residents and twenty-five dollars for nonresidents. A person is not required to purchase more than one habitat stamp within a license period as provided by the applicable license and rules promulgated by the commission under chapter 1-26. Any person required to possess a hunting or fishing license may not fish and hunt, or trap without a stamp validation. A purchase of the habitat stamp is not required for the one-day hunting or fishing license, youth hunting license, private shooting preserve license, hunt for habitat application fee, or landowner hunting license. A violation of this section is a Class 2 misdemeanor.

Section 2. That a NEW SECTION be added:

41-6-86. Habitat stamp revenue--Use and purpose--Annual report.

All revenue collected from the sale of the habitat stamp provided for in § 41-6-85 shall be deposited in the game, fish and parks fund for the purposes of enhancing terrestrial habitat on public lands, providing additional public access to private lands and aquatic habitat enhancements on public waters. All fees collected from persons who only purchase fishing licenses shall be used solely for aquatic habitat and access projects in public waters. All fees collected from persons who only purchase hunting or trapping licenses shall be used solely for terrestrial habitat and public access programs. All fees collected from persons that purchase privileges to fish and hunt, or trap shall be extended equally for aquatic and terrestrial habitat. Proceeds from the habitat stamp fee collected may not be used to purchase property in fee title. The department shall deliver an annual itemized expenditure report to the Government Operations and Audit Committee.