2020 House Bill 1059 - Introduced

SDLRC - 2020 House Bill 1059 - SD Legislature revise certain provisions regarding hunting with drones.

20.430.10 95th Legislative Session 168

2020 South Dakota Legislature

House Bill 1059

Introduced by: Representative David Johnson

An Act to revise certain provisions regarding hunting with drones.

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

Section 1. That § 41-8-39 be AMENDED:

41-8-39. Use of aircraft in hunting prohibited--Exception--Violation as misdemeanor.

It is a Class 1 misdemeanor for any person to:

(1) Kill or attempt to kill any wild bird or animal from an aircraft, except as otherwise provided for in § 41-8-39.1; or

(2) Use an aircraft for the purpose of hunting, taking, concentrating, driving, rallying, stirring up, locating, or spotting any wild bird or animal, except that the prohibition in this subdivision does not apply to a person who uses a drone for the purpose of locating or spotting a predator or varmint, provided if:

(a) The activity occurs only on or over land that is privately owned;

(b) The person operating the drone is the landowner or has permission from the landowner or a lessee; and

(c) The activity does not occur during the months of September, October, or November; and

(d) The operation of the drone is in full compliance with all applicable Federal Aviation Administration regulations.

Section 2. That § 50-15-2 be AMENDED:

50-15-2. Operation of drone--Compliance with federal law--Exemption.

Any operation of a drone in the state shall comply with all applicable federal aviation administration requirements Federal Aviation Administration regulations. Any drone operating under the authority of the Armed Forces of the United States, including the National Guard, is exempt from this chapter.

Catchlines are not law. (§ 2-16-13.1) Underscores indicate new language.

Overstrikes indicate deleted language.

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