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SB 78 increase the hunting safety zone distance.

State of South Dakota  
SEVENTY-SEVENTH SESSION
LEGISLATIVE ASSEMBLY,  2002
 

471H0570  
SENATE BILL   NO.     78  

        Introduced by: Senators Symens and Dennert and Representatives Duenwald, Hanson (Gary), Jensen, Juhnke, Rhoden, and Sigdestad  


         FOR AN ACT ENTITLED, An Act to  increase the hunting safety zone distance.
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 one thousand 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 one thousand 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 one thousand 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  2.  That § 41-9-1.4 be amended to read as follows:
     41-9-1.4.   No person may discharge a firearm while on that portion of public waters of this state that inundate privately-owned property from a location which is within six hundred sixty one thousand feet of an occupied dwelling, church, schoolhouse, or livestock being held in a confined area according to standard animal husbandry practices. However, a landowner or any person receiving permission from the landowner may discharge a firearm while on that portion of public waters that inundate the private property of that landowner. A violation of this section is a Class 2 misdemeanor.