State v. Klager

[¶ 38.] I respectfully dissent. I would conclude that taxidermy is not a pervasive*62ly regulated business in South Dakota. The actual regulation of taxidermy consists of a single statute with minimal administrative regulations, no specific direction to game officials on when and how to implement inspections, a minimal number of actual inspections, and no organized records of when inspections were conducted or their results. The majority opinion’s holding establishes a dangerous basis to conclude pervasive regulation exists every time the Legislature passes a single statute concerning regulation…