FOR 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, referred to as the diver-down flag, must be firmly attached in a clearly visible position to a securely anchored float, rubber tube, or to a boat shall mark the diver's location by the display of a 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 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  That § 42-8-44.2 be repealed.
     42-8-44.2.   No mechanically powered watercraft or sailboat may be operated within the surface area described by such circle as prescribed by §   42-8-44.1, nor shall any waterskiing or surfboarding or other surface activity potentially dangerous to such diver be performed in the area described by such circle, except when such craft or activity are a part of or related to such diving activity. A violation of this section is a Class 2 misdemeanor.