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 , is 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 . 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 mechanically powered watercraft or sailboat 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 shall may any waterskiing or surfboarding or other surface activity potentially dangerous to such the diver be performed in the area described by such the circle, except when such the craft or activity are a part of or related to such the diving activity. A violation of this section is a Class 2 misdemeanor.

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BILL HISTORY
1/13/98 First read in Senate and referred to Agriculture and Natural Resources.   S.J.   26
1/20/98 Agriculture and Natural Resources Deferred to another day.
1/23/98 Scheduled for Committee hearing on this date.
1/27/98 Scheduled for Committee hearing on this date.
1/27/98 Agriculture and Natural Resources Do Pass Amended, Passed, AYES 9, NAYS 0.   S.J.   210
1/27/98 Agriculture and Natural Resources Place on Consent Calendar.