State of South Dakota
LEGISLATIVE ASSEMBLY, 2013
SENATE ENGROSSED NO. HB 1234 - 03/04/2013
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 and to declare an emergency.
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
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 continues 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.
Section 3. That § 21-10-33 be amended to read as follows:
21-10-33. For the purposes of §§ 21-10-28 to 21-10-34, inclusive, a sport shooting range is
an area designed and operated for the use of rifles, shotguns, or pistols as a means of silhouette,
skeet, trap, black powder, or other sport shooting. A sport shooting range includes any shooting
range located on public or private land or operated by a private entity or by a public entity, and
a law enforcement shooting range.
Section 4. Whereas, this Act is necessary for the immediate preservation of the public peace,
health, or safety, an emergency is hereby declared to exist, and this Act shall be in full force and
effect from and after its passage and approval.