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HB 1250 revise certain provisions regarding hunting on...

State of South Dakota  
SEVENTY-SIXTH SESSION
LEGISLATIVE ASSEMBLY,  2001
 

552E0758  
HOUSE AGRICULTURE AND NATURAL RESOURCES COMMITTEE ENGROSSED   NO. HB 1250   -   02/13/2001  

        Introduced by: Representatives Duenwald, Bradford, Fryslie, Hanson (Gary), Hargens, Holbeck, Jaspers, Jensen, Lintz, Pitts, Rhoden, Sigdestad, and Van Gerpen and Senators Dennert, Diedtrich (Elmer), Greenfield, Madden, Putnam, and Symens  


         FOR AN ACT ENTITLED, An Act to  revise certain distance restrictions related to hunting from public rights-of-way near certain farmsteads.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
     Section  1.  That § 41-9-1.1 be amended to read as follows:
     41-9-1.1.   Except for controlled access facilities as defined in §  31-8-1, interstate highways, unimproved section lines not commonly used as public rights-of-way, and highways within parks or recreation areas or within or adjoining public shooting areas or game refuges posted for restriction of an applicable use as hereinafter set forth by the Department of Game, Fish and Parks, §  41-9-1 does not apply to fishing, trapping, or hunting on highways or other public rights-of-way within this state that meet the requirements of §  41-9-1.3. No person, except the adjoining landowner or any person receiving written permission from the adjoining landowner, may use such highways or rights-of-way for the purposes of hunting defined in this title within six hundred sixty feet of an occupied dwelling , an occupied farmstead , a church, schoolhouse,

or livestock. No person, except the adjoining landowner or any person receiving written permission from the adjoining landowner, may use such highways or rights-of-way for the purpose of trapping within six hundred sixty feet of an occupied dwelling, an occupied farmstead, a church, or schoolhouse. A violation of this section is a Class 2 misdemeanor. If any person is convicted of knowingly discharging a firearm within six hundred sixty feet of any occupied dwelling, occupied farmstead, church, or schoolhouse for which such distance has been clearly and accurately marked and posted, the court shall, in addition to any other penalty, revoke the person's hunting privileges for a period of one year from the date of conviction. For purposes of this section, the term, occupied farmstead, means all buildings and structures located within one hundred yards of a dwelling on a farm or ranch if the farm or ranch is the permanent residence of an owner or lessee.