State of South Dakota
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NINETY-FOURTH SESSION LEGISLATIVE ASSEMBLY, 2019 |
643B0019 | HOUSE ENGROSSED NO. HB 1056 - 2/8/2019 |
Introduced by: Representatives Peterson (Sue), Brunner, Dennert, Frye-Mueller, Goodwin,
Gosch, Howard, Jensen (Kevin), Johnson (Chris), Latterell, Livermont,
Marty, Mulally, Otten (Herman), Pischke, Qualm, Randolph, Rasmussen,
Weis, and Zikmund and Senators DiSanto, Jensen (Phil), Monroe, Nelson,
Russell, Stalzer, and Youngberg
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 7-18A-36 be amended to read:
7-18A-36. No county may pass
or fire code so long as the ordinance, regulation, or code is not used to circumvent the
prohibition under this section.
Section 2. That § 8-5-13 be amended to read:
8-5-13. No township may pass any an ordinance that restricts or prohibits, or imposes any
tax, licensure requirement, or licensure fee on the possession, storage, transportation, purchase,
sale, transfer, ownership, manufacture, or repair of firearms or ammunition or their components.
Any ordinances ordinance prohibited by this section are is null and void. The attorney general
shall send a cease and desist order to any township that passes or enforces an ordinance in
violation of this section. If the township fails to comply with the order, the attorney general shall
bring an action in the name of the state for injunctive relief against any township that has passed
an ordinance in violation of this section. A court shall grant any person charged with a violation
of an ordinance prohibited under this section reasonable costs, expenses, and attorney's fees.
This section does not apply to any generally applicable zoning ordinance, building regulation,
or fire code so long as the ordinance, regulation, or code is not used to circumvent the
prohibition under this section.
Section 3. That § 9-19-20 be amended to read:
9-19-20. No municipality may pass any an ordinance that restricts or prohibits, or imposes
any licensure requirement or licensure fee on the possession, storage, transportation, purchase,
sale, transfer, ownership, manufacture, or repair of firearms or ammunition or their components.
Any ordinances ordinance prohibited by this section are is null and void. The attorney general
shall send a cease and desist order to any municipality that passes or enforces an ordinance in
violation of this section. If the municipality fails to comply with the order, the attorney general
shall bring an action in the name of the state for injunctive relief against any municipality that
has passed an ordinance in violation of this section. A court shall grant any person charged with
a violation of an ordinance prohibited under this section reasonable costs, expenses, and attorney's fees. This section does not apply to any generally applicable zoning ordinance, building regulation, or fire code so long as the ordinance, regulation, or code is not used to circumvent the prohibition under this section.