House passes bill closing hunting-license loophole for suspended sentences

Pierre — The South Dakota House on Thursday approved House Bill 1023, a measure that changes how a "conviction" is defined for revoking hunting or fishing licenses and that state officials say closes a loophole created after a 2016 sentencing change.

Supporters said the bill is intended to restore compliance with the interstate wildlife violators compact by ensuring that a suspended imposition of sentence does not let violators avoid license revocation. Representative Tim Reich, speaking in favor, said the change "offers a broader definition of conviction, thus eliminating the suspended imposition of sentence loophole." Representative Reich also described the suspended imposition of sentence and why it has allowed some violators to avoid automatic license revocation.

Opponents urged caution. Representative Soy, who said he served on the committee that heard the bill, argued the proposal would insert a suspended imposition of sentence into the definition of conviction and thereby "take away" judicial discretion: "By definition ... it is not a conviction. So I, in good conscience, cannot add it to a definition of a conviction." Representative Hunt said he was concerned the Department of Game, Fish and Parks was seeking a statutory expansion of its authority.

The debate included questions about scale. Representative May asked for numbers on how often suspended impositions have affected license revocations; Representative Rice, responding for supporters, reported that Game, Fish and Parks told her that "approximately since 2016, approximately, there have been approximately 50 of these suspended impositions of sentences that have been kept the, 1 year violation from taking effect." Rice said she did not have the total number of licenses sold in the state available during floor debate.

Other backers, including Representative Fitzgerald and Representative Peterson, described repeat wildlife violators and urged passage. Representative Vazgard, speaking as a landowner, said he had seen repeated trespass and property damage and supported the bill.

The House approved final passage; the clerk reported the roll call as 38 ayes and 31 nays. The bill's text revises the definition of conviction in state law for the purposes of license revocation; the bill sponsor said local prosecutors retain discretion over charges and enforcement.

Votes at a glance

- House Bill 1023 — Final passage: approved 38–31.

What it means

Supporters call the bill a cleanup to close a compliance gap with other states that are party to the interstate wildlife violators compact; opponents said it narrows judicial discretion and expands agency authority. The sponsor said prosecutors retain charging discretion and the change would not prevent a court from imposing alternative sentencing in appropriate cases.

Next steps

The bill was declared passed by the House and will move on according to the legislative process for consideration by the Senate and any enrolled bill processing.