22.401.12 97th Legislative Session 591

2022 South Dakota Legislature

House Bill 1072

Introduced by: Representative Finck

An Act to revise the safety zone within which a firearm may be discharged or trapping activities may occur.

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

Section 1. That § 41-9-1.1 be AMENDED:

41-9-1.1. Except for controlled access facilities as defined in § 31-8-1, interstate highways, unimproved section lines not commonly used as public rights-of-way, and highways within parks or recreation areas or within or adjoining public shooting areas or game refuges posted for restriction of an applicable use, as hereinafter set forth by the Department of Game, Fish and Parks, § 41-9-1 does not apply to fishing, trapping, or hunting on highways a highway or other public rights-of-way within this state right-of-way that meet meets the requirements of § 41-9-1.3.

For purposes of this section, hunting on highways a highway or other public rights-of-wayright-of-way includes:

(1) The shooting atShooting, or taking by legal methods of , small game, except other than mourning dove, that are located within the boundaries of the a highway or public right-of-way; and

(2) The shooting atShooting, or taking by legal methods of , small game, except other than mourning dove, that are in flight over private land, if the small game has either originated from or has taken took flight from the a highway or public right-of-way, or if the small game is in the process of flying over the highway or public right-of-way.

Only the owner of the an occupied dwelling, church, or schoolhouse; the owner of livestock; or a person who has written permission from the owner of the an occupied dwelling, church, or schoolhouse, or the owner of the livestock may use such highways or rights-of-wayhighway or right-of-way for the purposes purpose of discharging any firearm or for the purposes of hunting, as defined in this title, within a six hundred sixty-foot three-hundred yard safety zone surrounding an the occupied dwelling, a church, schoolhouse, or livestock. No other person may discharge a firearm at small game within the safety zone.

No person, except the an adjoining landowner or any a person receiving having written permission from the adjoining landowner, may use such highways or rights-of-wayhighway or right-of-way for the purpose of trapping within six three hundred sixty feetyards of an occupied dwelling, church, or schoolhouse.

A violation of this section is a Class 2 misdemeanor.

If any person is convicted of knowingly discharging a firearm within six hundred sixty feet three hundred yards of any occupied dwelling, church, or schoolhouse for which and that distance has been was clearly and accurately marked and posted at the time of the offense, the court shall, in addition to any other penalty, revoke the person's hunting privileges for a period of one year from the date of the conviction. The sentencing court may order the that a revocation of hunting privileges authorized by this section to be served consecutively with consecutive to any other revocation of the person's hunting privileges imposed for a violation for which the person is convicted and for which revocation of the privileges is authorized under this title.

Underscores indicate new language.

Overstrikes indicate deleted language.