State of South Dakota  
EIGHTY-EIGHTH SESSION
LEGISLATIVE ASSEMBLY, 2013  

529U0657   HOUSE COMMERCE AND ENERGY ENGROSSED    NO.  HB 1234 -  02/13/2013  

Introduced by:    Representatives Ecklund, Bolin, Hansen, Heinemann (Leslie), Hickey, Kopp, Latterell, Miller, Olson (Betty), Rozum, Stalzer, Tulson, and Westra and Senators Rave, Krebs, and Tieszen
 

        FOR AN ACT ENTITLED, An Act to provide a limited exception to the provisions that exempt sport shooting ranges from the public nuisance laws.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That § 21-10-28 be amended to read as follows:
    21-10-28. The use or operation of a sport shooting range may not be enjoined as a nuisance if the range is in compliance with those statutes, regulations, and ordinances that applied to the range and its operation at the time when the initial operation of the range commenced. The use or operation of a sport shooting range may not be enjoined as a nuisance due to any subsequent change in any statute, local regulation, or ordinance pertaining to the normal operation and use of sport shooting ranges. However, if the usage or design of the range results in a significant threat to human life or private habitations, a nuisance is constituted and an injunction may prescribe appropriate relief.
    Section 2. That chapter 21-10 be amended by adding thereto a NEW SECTION to read as follows:
    As used in section 1 of this Act, a significant threat to human life or private habitations exists, if shots or ricochets from a sport shooting range not infrequently strike or pass over private property which is frequented by persons or where a private habitation exists. A significant threat to human life or private habitations continue to exist unless or until shooting protocols are altered and enforced or the shooting range is redesigned so that shots or ricochets no longer strike or pass over private property as described in this section.