21.458.15 96th Legislative Session 843

2021 South Dakota Legislature

Senate Bill 111

ENROLLED

An Act

ENTITLED An Act to reduce the fee for permits to carry concealed pistols.

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

Section 1. That § 23-7-8.2 be AMENDED.

23-7-8.2. Duration of permit--Fee.

The permit to carry a concealed pistol is valid for a period of five years from the date of issuance. The fee for issuing the permit is ten dollars. The local authority shall collect the fee. Seven dollars of the fee must be forwarded to the secretary of state and three dollars must be deposited in the general fund of the county or municipality issuing the permit.

Section 2. That § 23-7-53 be AMENDED.

23-7-53. Enhanced permit to carry concealed pistol--Application.

An applicant shall submit an application, to the sheriff of the county in which the applicant resides, for an optional enhanced permit to carry a concealed pistol. The application must include:

(1) A copy of the applicant's fingerprints for submission to the Federal Bureau of Investigation, and any governmental agency or entity authorized to receive such information, for a state, national, and international criminal background check;

(2) An authorization to run a fingerprint background check;

(3) A separate payment for the cost of processing the criminal background check and, if the sheriff takes the fingerprints, the sheriff shall secure the fingerprints at no additional charge to the applicant;

(4) A separate application fee of sixty dollars; and

(5) Proof that the applicant:

(a) Has successfully completed a qualifying handgun course as defined in § 23-7-58, within the preceding twelve months; or

(b) Is a current or former law enforcement officer and has, within the preceding twelve months, qualified or requalified on a certified shooting course administered by a firearms instructor approved by the Law Enforcement Officers Standards Commission.

Fifty dollars of the application fee must be retained by the sheriff and ten dollars must be forwarded to the secretary of state for use in administering concealed carry permits.

The sheriff shall forward the copy of the applicant's fingerprints, the applicant's authorization for processing a criminal background check, and the payment for the criminal background check to the Division of Criminal Investigation for processing.

Section 3. That § 23-7-56 be AMENDED.

23-7-56. Enhanced permit to carry concealed pistol--Renewal.

A person who holds an enhanced permit to carry a concealed pistol may renew the permit through the sheriff of the county in which the person resides. The period for renewal begins one-hundred eighty days before the permit expires and ends thirty days after the permit expires.

In order to renew an enhanced permit a person shall:

(1) Pay a renewal fee in the amount of thirty-five dollars;

(2) Pay the fee for a criminal background check;

(3) Pass a criminal background check and a National Instant Criminal Background Check; and

(4) Present proof that during the period of renewal set forth in this section, the person:

(a) Successfully completed the live fire component of a qualifying handgun course defined in § 23-7-58;

(b) Received instruction regarding the use of force standards; and

(c) Received instruction regarding relevant criminal statutory changes.

Twenty-five dollars of the renewal fee must be retained by the sheriff. Ten dollars of the renewal fee must be forwarded to the secretary of state for use in administering concealed carry permits.

If a person fails to renew an enhanced permit to carry a concealed pistol during the period set forth in this section, the permit is deemed to be invalid. In order to obtain an enhanced permit thereafter, the person shall submit an application and meet all requirements set forth in § 23-7-53.

Section 4. That § 23-7-60 be AMENDED.

23-7-60. Gold card permit to carry concealed pistol--Application.

An applicant shall submit an application, to the sheriff of the county in which the applicant resides, for a gold card permit to carry a concealed pistol. The application must include:

(1) A copy of the applicant's fingerprints for submission to the Federal Bureau of Investigation, and any governmental agency or entity authorized to receive such information, for a state, national, and international criminal background check;

(2) An authorization to run a criminal background check;

(3) A separate payment for the cost of processing the criminal background check; and

(4) A separate application fee of forty dollars for the gold card permit to carry a concealed pistol.

Thirty dollars of the application fee must be retained by the sheriff and ten dollars must be forwarded to the secretary of state for use in administering concealed carry permits.

The sheriff shall forward the copy of the applicant's fingerprints, the applicant's authorization for processing a criminal background check, and the payment for the criminal background check to the Division of Criminal Investigation for processing.

Section 5. That § 23-7-62 be AMENDED.

23-7-62. Renewal of gold card permit to carry concealed pistol.

A person who holds a gold card permit to carry a concealed pistol may renew the permit through the sheriff of the county in which the person resides. The period for renewal begins one hundred eighty days before the permit expires and ends thirty days after the permit expires.

In order to renew a gold card permit, a person shall:

(1) Pay a forty dollar renewal fee; and

(2) Pass a criminal background check and a National Instant Criminal Background Check.

Thirty dollars of the renewal fee must be retained by the sheriff and ten dollars must be forwarded to the secretary of state for use in administering concealed carry permits.

An Act to reduce the fee for permits to carry concealed pistols.

I certify that the attached Act originated in the:

Senate as Bill No. 111

Secretary of the Senate

President of the Senate

Attest:

Secretary of the Senate

Speaker of the House

Attest:

Chief Clerk

Senate Bill No. 111

File No. ____

Chapter No. ______

Received at this Executive Office

this _____ day of _____________,

2021 at ____________M.

By

for the Governor

The attached Act is hereby

approved this ________ day of

______________, A.D., 2021

Governor

STATE OF SOUTH DAKOTA,

ss.

Office of the Secretary of State

Filed ____________, 2021

at _________ o'clock __M.

Secretary of State

By

Asst. Secretary of State