AN ACT
ENTITLED, An Act
to revise certain provisions relating to the required use of diver-down flags and
mandatory motorboat distance restrictions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 42-8-44.1 be amended to read as follows:
42-8-44.1. Any diver using a self-contained underwater breathing apparatus, a forced air breathing line system, a snorkel, or any other means of underwater air supply for the purpose of underwater activity, operating in the waters of this state, except in an area from which all motorboats or sailboats are prohibited from operating, shall perform the activity within an imaginary cylinder extending downward from an imaginary circle formed on the surface of the body of water by revolving a seventy-five foot radius three hundred sixty degrees about a point marked by the display of a flag as provided by this section. The flag is referred to as the diver-down flag. The diver-down flag shall be a rectangle with a bright red field crossed by a diagonal white strip running from the upper-left corner to the bottom-right corner of the rectangle and shall be clearly visible and securely attached or anchored to a float, a rubber tube, a diver, or a boat. A violation of this section is a Class 2 misdemeanor.
Section 2. That § 42-8-44.2 be amended to read as follows:
42-8-44.2. No watercraft under power with an internal combustion engine may be operated within the surface area described by such circle as prescribed by § 42-8-44.1, nor may any waterskiing or surfboarding or other surface activity potentially dangerous to the diver be performed in the area described by the circle, except when the craft or activity are a part of or related to the diving activity. A violation of this section is a Class 2 misdemeanor.
An Act to revise certain provisions relating to the required use of diver-down flags and mandatory motorboat distance restrictions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 42-8-44.1 be amended to read as follows:
42-8-44.1. Any diver using a self-contained underwater breathing apparatus, a forced air breathing line system, a snorkel, or any other means of underwater air supply for the purpose of underwater activity, operating in the waters of this state, except in an area from which all motorboats or sailboats are prohibited from operating, shall perform the activity within an imaginary cylinder extending downward from an imaginary circle formed on the surface of the body of water by revolving a seventy-five foot radius three hundred sixty degrees about a point marked by the display of a flag as provided by this section. The flag is referred to as the diver-down flag. The diver-down flag shall be a rectangle with a bright red field crossed by a diagonal white strip running from the upper-left corner to the bottom-right corner of the rectangle and shall be clearly visible and securely attached or anchored to a float, a rubber tube, a diver, or a boat. A violation of this section is a Class 2 misdemeanor.
Section 2. That § 42-8-44.2 be amended to read as follows:
42-8-44.2. No watercraft under power with an internal combustion engine may be operated within the surface area described by such circle as prescribed by § 42-8-44.1, nor may any waterskiing or surfboarding or other surface activity potentially dangerous to the diver be performed in the area described by the circle, except when the craft or activity are a part of or related to the diving activity. A violation of this section is a Class 2 misdemeanor.
An Act to revise certain provisions relating to the required use of diver-down flags and mandatory motorboat distance restrictions.
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I certify that the attached Act originated in the
SENATE as
Bill
No.
34
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____________________________
Secretary of the Senate
Secretary of the Senate
____________________________
President of the Senate
President of the Senate
Attest:
____________________________
Secretary of the Senate
Secretary of the Senate
____________________________
Speaker of the House
Attest:
____________________________
Chief Clerk
Chief Clerk
Senate
Bill
No.
34
File No. ____
Chapter No. ______=========================
Received at this Executive Office this ____ day of _____________ ,
File No. ____
Chapter No. ______
Received at this Executive Office this ____ day of _____________ ,
19___ at _____ M.
By _________________________
for the Governor
for the Governor
The attached Act is hereby
approved this ________ day of
______________ , A.D., 19___
____________________________
Governor
Governor
STATE OF SOUTH DAKOTA,
ss.
Office of the Secretary of State
Filed ____________ , 19___
at _________ o'clock __ M.
____________________________
Secretary of State
Secretary of State
By _________________________
Asst. Secretary of State
