21.638.11 96th Legislative Session 927

2021 South Dakota Legislature

Senate Bill 150

HOUSE COMMERCE AND ENERGY ENGROSSED

Introduced by: Senator Castleberry

An Act to clarify the penalty for using fireworks in violation of a county resolution, and to declare an emergency.

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

Section 1. That § 34-37-19 be AMENDED.

34-37-19. County regulation of fireworks--Use of South Dakota grassland fire danger index.

Any county may, by resolution, regulate or prohibit the use of fireworks outside the boundaries of any municipality in those areas where the fire danger, as determined by use of the South Dakota grassland fire danger index published by the National Weather Service, has reached the extreme category in that county during the period from June twentieth to July second, inclusive, and during the period from December twenty-eighth to January first, inclusive. During any such period, the county's action is suspended if the grassland fire danger index falls below the very high category and again becomes effective if the grassland fire danger index reaches the extreme category. Any violation of a resolution adopted pursuant to this section is a Class 2 misdemeanor.

Section 2. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval.

Catchlines are not law. (§ 2-16-13.1) Underscores indicate new language.

Overstrikes indicate deleted language.