___________________ moved that HB 1190 be amended as follows:
" Section 1. That § 23-7-8 be amended to read:
23-7-8. The application for a permit to carry a concealed pistol or an, enhanced permit to carry
a concealed pistol, or a gold card permit to carry a concealed pistol shall be filed either electronically
or in triplicate on a form prescribed by the secretary of state. The application shall require the
applicant's complete name, address, occupation, place and date of birth, country of citizenship,
physical description, a statement that the applicant has never pled guilty to, nolo contendere to, or
been convicted of a crime of violence, a sworn statement that the information on the application is
true and correct, and the applicant's signature. If the applicant is not a United States citizen, the
application shall require any alien or admission number issued by the United States Bureau of
Immigration and Customs Enforcement. If filed in triplicate, the original shall be delivered to the
applicant as the temporary permit, the duplicate shall within seven days be sent by first class mail
to the secretary of state who shall issue the official permit, and the triplicate shall be preserved for
four five years by the authority issuing the permit. If the application is filed electronically, two copies
shall be made and each shall be signed by the applicant. One copy shall be delivered to the applicant
as the temporary permit, and the other copy shall be preserved for four five years by the authority
issuing the permit.
Section 2. That § 23-7-8.1 be amended to read:
23-7-8.1. The secretary of state shall prescribe the form of the permit to carry a concealed pistol
and, the form of the enhanced permit to carry a concealed pistol, and the form of the gold card permit
to carry a concealed pistol pursuant to § 23-7-8. Each permit shall list the applicant's name, address,
and the expiration date, and the issuance date of the permit. The enhanced permit to carry a
concealed pistol must clearly designate that the permit is enhanced and the gold card permit must
clearly designate that it is a gold card permit to carry a concealed pistol. The holder of a permit may
carry a concealed pistol anywhere in South Dakota except in any licensed on-sale malt beverage or
alcoholic beverage establishment that derives over one-half of its total income from the sale of malt
or alcoholic beverages. Nothing in this section prevents law enforcement officers, parole agents,
security guards employed on the premises, and other public officials with the written permission of
the sheriff from carrying concealed weapons in the performance of their duties or prevents home or
business owners from carrying concealed weapons on their property pursuant to § 22-14-11.
Section 3. That § 23-7-54 be amended to read:
23-7-54. The sheriff shall retain the application and other documents until the sheriff receives
the results of the background checks required pursuant to § 23-7-53. Within seven days following
receipt of a confirmation that the applicant passed each criminal background check required pursuant
to this section and § 23-7-53, the sheriff shall file the application with the secretary of state pursuant
to § 23-7-8.
18 U.S.C. 922(n) as amended to October 26, 2005, from receiving, possessing, or transporting a
firearm, passes the required fingerprint background check, and passes a National Instant Criminal
Background Check, the sheriff of the county where the applicant submitted the application shall,
within thirty days of application, issue the applicant a temporary enhanced permit to carry a
concealed pistol. The temporary permit must clearly designate that the permit is enhanced.
Section 4. That § 23-7-57 be amended to read:
23-7-57. Unless otherwise specified, the references, rights, and responsibilities in this chapter
related to a permit to carry a concealed pistol also apply to an enhanced permit to carry a concealed
pistol and a gold card permit to carry a concealed pistol.
Section 5. That § 25-10-24 be amended to read:
25-10-24. The court may require the defendant to surrender any dangerous weapon or any
concealed pistol permit issued under 23-7 in his the defendant's possession to local law enforcement.
Section 6. That § 23-7-8.9 be amended to read:
23-7-8.9. The provisions of §§ 23-7-8.6 to 23-7-8.9, inclusive, do specifically prohibit any law
enforcement officer from retaining any notes, data, or pieces of information, either collectively or
individually, unless the retention of such notes, data, or pieces of information is pertinent to a
specific ongoing investigation or prosecution. Access by law enforcement to information necessary
to perform a periodic National Instant Criminal Background Check of gold card or enhanced pistol
permit holders under section 15 of this Act is authorized.
Section 7. That chapter 23-7 be amended by adding a NEW SECTION to read:
Section 8. That chapter 23-7 be amended by adding a NEW SECTION to read:
receipt of a confirmation that the applicant passed each criminal background check required pursuant
to this section and section 7 of this Act, the sheriff shall file the application with the secretary of state
pursuant to § 23-7-8.
Section 9. That chapter 23-7 be amended by adding a NEW SECTION to read:
Section 11. That chapter 23-7 be amended by adding a NEW SECTION to read:
Section 12. That chapter 23-7 be amended by adding a NEW SECTION to read:
Section 14. That chapter 23-7 be amended by adding a NEW SECTION to read:
Section 15. That chapter 23-7 be amended by adding a NEW SECTION to read:
Section 16. The Act is effective January 1, 2017."