An Act to permit the operation of a Class I electric bicycle on the Mickelson Trail.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 41-17-27 be AMENDED:

41-17-27. No personAn individual may not operate any a motorized vehicle within the right‑of‑way of the Black Hills Burlington Northern Heritage George S. Mickelson Trail. The provisions of this This section do does not apply to:

(1) Any personAn individual operating a snowmobile, from December first to March thirty‑first, inclusive, on the trail from Lead/Deadwood south to the Dumont trailhead, excluding the portion of the right‑of‑way crossing the subdivisions known as Englewood Acres and Black Forest Ranchettes;

(2) AnyA governmental employee while in the performance of his an official duty;

(3) AnyA member of an organized rescue or fire fighting force, while in the performance of his an official duty;

(4) Any person whose use is An individual authorized for by the Department of Game, Fish and Parks to operate a motorized vehicle within the right-of-way, for a purpose other than a recreational purposes by the Department of Game, Fish and Parks purpose, under a permit, lease, or contract; and

(5) Any personAn individual operating a self‑propelled wheelchair; or

(6) An individual operating a Class I electric bicycle, as defined in § 32-20B-9; or

7) An individual operating a Class II electric bicycle, as defined in § 32-20B-9, provided the individual:

(a) Is disabled, as defined in the Americans with Disabilities Act of 1990, 42 U.S.C. § 12102 (January 1, 2025; or

(b) Is a veteran who has been adjudicated by the United States Department of Veterans Affairs as being twenty percent or more disabled due to a service-connected disability.

A violation of this section is a Class 2 misdemeanor.