An Act to restrict warrantless searches of a taxidermy business.

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

Section 1. That § 41-6-33 be AMENDED:

41-6-33. It is a Class 2 misdemeanor for a person to preserve or mount birds, animals, or fish that such the person does not own without a taxidermist's license or in violation of the conditions of the license or the rules of the Game, Fish and Parks Commission.

A taxidermist's license permits the licensee to have in possession, at the taxidermist's place of business, birds, animals, or fish, lawfully caught, taken, or killed, for the sole purpose of preserving or mounting them. Birds, animals, or fish, or any part thereof, may be transported by anyone having them legally in possession to a licensee for preserving or mounting only and for return by the licensee to the owner thereof.

The Game, Fish and Parks Commission shall approve each taxidermist's license. The commission shall promulgate rules pursuant to chapter 1-26 setting the requirements for a taxidermist's license.

Each licensee shall keep a written record of all birds, animals, and fish received by the licensee. The record shall must include the name and address of each specimen's owner, the number and species, and the dates of receipt and delivery of each specimen.The record and customers' specimens shall be made available for inspection by any

A representative of the Department of Game, Fish and Parks may inspect the written record required under this section during normal business hours. A representative of the department may undertake a warrantless search of the taxidermist's place of business only if the licensee provides voluntary consent or exigent circumstances are determined to exist.