FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding hunting on private shooting preserves and along highway rights-of-way.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
     Section  1.  That § 41-10-9 be amended to read as follows:
     41-10-9.   Game which may be hunted under this chapter shall be mallard ducks, are pheasants, quail, partridges, and turkey , and such other species of game as the game, fish and parks commission may add. The commission may exclude mallard ducks from the list of permitted species for any period of time and without advance notice provided such action is deemed necessary to protect such species .
     Section  2.  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, 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, 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, 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.
     Section  3.  That chapter 41-9 be amended by adding thereto a NEW SECTION to read as follows:

     No person, except the adjoining landowner or any person receiving written permission from the adjoining landowner, may use the highways or other public rights-of-way within this state that meet the requirements of §  41-9-1.3 for the purpose of hunting defined in this title within a restricted area up to one thousand three hundred twenty feet in length immediately adjacent and lateral to an occupied dwelling if some portion of the restricted area is within six hundred sixty feet of the occupied dwelling and the restricted area has been clearly and accurately marked and posted as a restricted area. A violation of this section is a Class 2 misdemeanor. If any person is convicted of knowingly discharging a firearm within the restricted area that has been

clearly and accurately marked and posted as required by this section, 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.