Changes to Existing Law

The Department of Game, Fish and Parks, and its agents, may sell the habitat conservation emblems and are responsible for the administration of the habitat conservation emblem. Fees for the habitat conservation emblems must be set by rules promulgated by the Game, Fish and Parks Commission pursuant to chapter 1-26. Any revenue collected from the sale of the habitat conservation emblems must be deposited into the department of game, fish and parks fund. Expenditures from the fund, for the purposes of habitat development and enhancement on public and private lands, must be budgeted through the general appropriation bill.

The Department of Game, Fish and Parks may direct or employ personnel and conduct programs and the Game, Fish and Parks Commission may adopt, pursuant to chapter 1-26 necessary, rules to control foxes, coyotes, feral dogs, foxes, prairie dogs, and other wild animals. The expense thereof shall be paid out of the Department of Game, Fish and Parks Sources of moneys for the purposes of this section are the department of game, fish, and parks fund or and the state animal damage control fund. Expenditures from the department of game, fish and parks fund must be budgeted through the general appropriation bill.

It is a Class 1 misdemeanor for any person to empty or allow to be emptied, to place or allow to be placed, any sawdust, manure, refuse matter, sedimentary materials, pollutants, or chemicals of any kind in the waters of this state containing fish and wildlife, or to deposit the same within such distance that it may be carried into such 31 the waters by natural causes, except as expressly provided in this chapter. Any person who knowingly or willfully empties, places, or discharges pollutants or chemicals into state waters is liable to the Department of Game, Fish and Parks for an amount, to be deposited in the department of game, fish and parks fund, which will. Expenditures from the fund must be used to compensate for the restoration of losses and must be budgeted through the general appropriation bill. 6

The Department of Game, Fish and Parks may, on behalf and in the name of the state, acquire public or private property by gift, grant, devise, purchase, 24 lease, or condemnation proceedings, and may manage, control, and improve the property for the purpose of exercising the powers granted in this title. The source of moneys for the acquisition of property, or its management, control and improvement, in accordance with this section, is the department of game, fish and parks fund. Expenditures from the fund must be budgeted through the general appropriation bill.

The Department of Game, Fish and Parks may acquire, by any means or methods as specified in § 41-2-19, any public or private real property especially desirable for purposes of establishing public shooting areas or for the purposes of water conservation or recreation, and may develop and improve the property for such the stated purposes. The source of moneys for the acquisition of property, or its development and improvement, in accordance with this section, is the department of game, fish and parks fund. Expenditures from the fund must be budgeted through the general appropriation bill.

The Department of Game, Fish and Parks may establish and operate controlled hunting areas whenever, in the opinion of the Game, Fish and Parks Commission, the establishment of such areas is in the best interest of the people of South Dakota. The source of moneys for any establishment and operation under this section is the department of game, fish and parks fund. Expenditures from the fund must be budgeted through the general appropriation bill.

The Department of Game, Fish and Parks shall, if directed by the Game, Fish and Parks Commission, expend funds for the improvement of wildlife habitat, access to hunting, and access to fishing or recreation areas on any land, public or private, within the state, notwithstanding the provisions of § 5-14-10. Any land so improved is open to reasonable use by the public. The source of moneys for any improvement or access under this section is the department of game, fish and parks fund. Expenditures from the fund must be budgeted through the general appropriation bill.

30 -2-25. The Department of Game, Fish and Parks may make capital improvements that the Game, Fish and Parks Commission deems necessary or proper for the extension, improvement, or development of state parks and recreation areas on all land leased by the department. The provisions of § 5-14-10 do not apply to this section. The source of moneys for any improvements under this section is the department of game, fish and parks fund. Expenditures from the fund must be budgeted through the general appropriation bill.

The Department of Game, Fish and Parks may authorize sales of any and all forest products or of lands owned by the department. Proceeds from such sales shall become a part of the funds authorized for use of the Department of Game, Fish and Parks by this chapter the sales must be deposited into the department of game, fish and parks fund. Moneys in the fund must be budgeted through the general appropriation bill.

The Moneys directed to the Department of Game, Fish and Parks may accept, use, and expend any funds directed to it and provided by any agency of the United States government or provided by any other private or public sources must be deposited into the department of game, fish and parks fund. Moneys in the fund must be budgeted through the general appropriation bill.

All moneys in the Department of Game, Fish and Parks Moneys in the department of game, fish and parks fund are hereby annually appropriated to must be budgeted through the general appropriation bill and may be used with any moneys otherwise appropriated to pay the necessary expenses of effectuating the purposes of this title.

Payment The source of payment for lands acquired by eminent domain, including the cost and expenses of condemnation proceedings, shall be paid out of the Department of Game, Fish and Parks fund, and such part of such fund as may be necessary is hereby appropriated for such purposes, and the state auditor shall issue warrants upon the state treasurer against such fund upon vouchers duly approved by the Game, Fish and Parks Commission is the department of game, fish and parks fund. Expenditures from the fund must be budgeted through the general appropriation bill.

.All revenue collected from the sale of the habitat stamp provided for in § 41-6-85 shall must be deposited in the department of game, fish and parks fund. Expenditures from the fund for the purposes of enhancing terrestrial habitat on public lands, providing additional public access to private lands, and providing aquatic habitat enhancements on public waters must be budgeted through the general appropriation bill. All fees collected from persons who only purchase fishing licenses shall must 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 must be used solely for terrestrial habitat and public access programs. All fees collected from persons that purchase who purchase privileges to fish and hunt, or trap shall must 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.