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HB 1011 repeal certain obsolete and unnecessary statutes concerning ga...
State of South Dakota  
NINETY-FIRST SESSION
LEGISLATIVE ASSEMBLY, 2016  

400X0174   HOUSE BILL   NO.  1011  

Introduced by:    The Committee on Agriculture and Natural Resources at the request of the Department of Game, Fish and Parks
 

        FOR AN ACT ENTITLED, An Act to repeal certain obsolete and unnecessary statutes concerning game preserves and refuges.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That § 41-5-5 be repealed.
    41-5-5. The Department of Game, Fish and Parks shall post good and sufficient notices at the borders of all preserves and refuges of the state, and upon all the public highways leading into or across the preserve or refuge, giving notice to the public that the property is a preserve or refuge of the state and that hunting is forbidden in the preserve or refuge.
    Section 2. That § 41-5-6 be repealed.
    41-5-6. It is a Class 2 misdemeanor for any person to cut, remove, or in any way tamper with any fence surrounding any preserve or refuge or the gates leading into the preserve or refuge, or to leave open or fail to close any such gate if opened.
    Section 3. That § 41-5-7 be repealed.
    41-5-7. It is a Class 2 misdemeanor for any person to hunt within the limits of the boundaries of "the state game preserve," and any and all game and bird refuges now established

or which may be hereafter established. It is a Class 2 misdemeanor for any person to carry any rifle, shotgun, or other hunting firearm across or upon any game preserve or refuge of the state, except as provided by § 41-5-8.
    Section 4. That § 41-5-8 be repealed.
    41-5-8. Any person crossing the state game preserve or any game or bird refuge upon any public highway may carry a firearm if the firearm is enclosed in a case and not removed from the case while in the preserve or refuge. Any bona fide resident within any game preserve or refuge in the state may carry firearms for the purpose of killing nongame and predatory animals or birds on the resident's own premises, and the resident may kill nongame and predatory animals or birds on the resident's own premises within any game preserve or refuge.
    Section 5. That § 41-5-9 be repealed.
    41-5-9. All conservation officers and members of the state forest service shall enforce the provisions of §§ 41-5-6 to 41-5-8, inclusive.