SDLRC - 2020 House Bill 1059 - SD Legislature revise certain provisions regarding hunting with drones.

ENTITLED An Act to revise certain provisions regarding hunting with drones.

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

Section 1. That   41-8-39 be AMENDED:

41-8-39. Use of aircraft in hunting prohibited--Exception--Violation as misdemeanor.

It is a Class 1 misdemeanor for any person to:

(1) Kill or attempt to kill any wild bird or animal from an aircraft, except as otherwise provided for in    41-8-39.1; or

(2) Use an aircraft for the purpose of hunting, taking, concentrating, driving, rallying, stirring up, locating, or spotting any wild bird or animal, except that the prohibition in this subdivision does not apply to a person who uses a drone for the purpose of locating or spotting a predator or varmint, if:

(a) The activity occurs only on or over land that is privately owned;

(b) The person operating the drone is the landowner or has permission from the landowner or a lessee;

(c) The activity does not occur during the months of September, October, or November; and

(d) The operation of the drone is in full compliance with all applicable Federal Aviation Administration regulations.

Section 2. That   50-15-2 be AMENDED:

50-15-2. Operation of drone--Compliance with federal law--Exemption.

Any operation of a drone in the state shall comply with all applicable Federal Aviation Administration regulations. Any drone operating under the authority of the Armed Forces of the United States, including the National Guard, is exempt from this chapter.

An Act to revise certain provisions regarding hunting with drones.

I certify that the attached Act originated in the: House as Bill No. 1059 Chief Clerk Speaker of the House Attest: Chief Clerk President of the Senate Attest: Secretary of the Senate House Bill No. 1059 File No. ____ Chapter No. ______

Received at this Executive Office this _____ day of _____________, 2020 at ____________M. By for the Governor The attached Act is hereby approved this ________ day of ______________, A.D., 2020 Governor STATE OF SOUTH DAKOTA, ss. Office of the Secretary of State Filed ____________, 2020 at _________ o'clock __M. Secretary of State By Asst. Secretary of State