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South Dakota Senate Bill SB78

South Dakota 2025 Regular Session

South Dakota Senate Bill SB78 Compare Versions

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1-25.563.10 100th Legislative Session 78
1+25.563.9 100th Legislative Session 78
22
33
44 2025 South Dakota Legislature
55 Senate Bill 78
6-ENROLLED
7-
8-AN ACT
9-
10-
11-ENTITLED An Act to authorize a change in bullet diameter for use in taking certain
12-animals.
13-BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
14-Section 1. That § 41-8-17 be AMENDED:
15-41-8-17. Between sunset and sunrise, no person may use or possess night-vision
16-equipment or throw or cast the rays of a spotlight, motor vehicle headlight, or other
17-artificial light onto a highway, or into any field, pasture, woodland, forest, or prairie, for
18-the purpose of spotting, locating, taking, attempting to take, or hunting any animal, if the
19-person is in possession or control of a firearm, bow, or other implement by which an
20-animal could be killed. The prohibitions set forth in this section do not apply to a law
21-enforcement officer in the performance of the officer's duties.
22-Notwithstanding the prohibitions set forth in this section:
23-(1) A person may use a handheld light, while the person is on foot, to:
24-(a) Take raccoons after the raccoons have been treed by dogs; or
25-(b) Engage in trapping activity and take trapped fur-bearing animals;
26-(2) From January first to August thirty-first, inclusive, a person may use night vision
27-equipment, but not artificial light, to take jackrabbits, coyotes, beaver during its
28-hunting season, foxes, raccoons, opossums, badgers, skunks, and rodents,
29-provided the person is on public land and uses:
30-(a) A shotgun and shotshells; or
31-(b) A firearm and a cartridge having a bullet diameter of less than .312 inches;
32-(3) From January first to August thirty-first, a person may use night vision equipment,
33-but not artificial light, to take jackrabbits, coyotes, beaver during its hunting
34-season, foxes, raccoons, opossums, badgers, skunks, and rodents, provided the
35-person is on private land that is under lease to the Department of Game, Fish and 25.563.10 2 78
36-SB78 ENROLLED
37-Parks for the purpose of providing public access, has the permission of the
38-landowner, and uses:
39-(a) A shotgun and shot shells; or
40-(b) A firearm and a cartridge having a bullet diameter of less than .312 inches;
41-(4) A person may use night vision equipment and artificial light to take jackrabbits,
42-coyotes, beaver during its hunting season, foxes, raccoons, opossums, badgers,
43-skunks, and rodents, provided the person is on private land, and uses:
44-(a) A shotgun and shot shells; or
45-(b) A firearm and a cartridge having a bullet diameter of less than .312 inches;
46-and
47-(5) An employee of the Department of Game, Fish and Parks may, while performing
48-animal damage control, use night-vision equipment and artificial lights, provided
49-the employee obtains permission from the person owning or occupying the land
50-prior to taking an animal that is causing damage.
51-For purposes of this section, artificial light, means a man-made light or lighting
52-device that projects lumination for an unaided eye.
53-For purposes of this section, night-vision equipment, means an electronic or
54-battery-powered device that enhances a person's ability to see in the dark.
55-A violation of this section is a Class 2 misdemeanor. 25.563.10 3 78
56-SB78 ENROLLED
57-An Act to authorize a change in bullet diameter for use in taking certain animals.
58-
59-
60-
61-
62-I certify that the attached Act originated in
63-the:
64-
65-Senate as Bill No. 78
66-
67-
68-
69-Secretary of the Senate
70-
71-
72-
73-
74-President of the Senate
75-
76-Attest:
77-
78-
79-
80-
81-Secretary of the Senate
82-
83-
84-
85-
86-Speaker of the House
87-
88-Attest:
896
907
918
929
9310
94-Chief Clerk
9511
12+Introduced by: Senator Jensen (Kevin)
9613
97-
98-Senate Bill No. 78
99-File No. ____
100-Chapter No. ______
101-
102-
103-
104-Received at this Executive Office
105-this _____ day of _____________,
106-
107-2025 at ____________M.
108-
109-
110-
111-By
112-for the Governor
113-
114-
115-The attached Act is hereby
116-approved this ________ day of
117-______________, A.D., 2025
118-
119-
120-
121-
122-
123-Governor
124-
125-STATE OF SOUTH DAKOTA ,
126-ss.
127-Office of the Secretary of State
128-
129-
130-Filed ____________, 2025
131- at _________ o'clock __M.
132-
133-
134-
135-
136-
137-Secretary of State
138-
139-
140-
141-By
142-Asst. Secretary of State
143-
144-
14+ Underscores indicate new language.
15+ Overstrikes indicate deleted language.
16+An Act to authorize a change in bullet diameter for use in taking certain animals. 1
17+BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 2
18+Section 1. That § 41-8-17 be AMENDED: 3
19+41-8-17. Between sunset and sunrise, no person may use or possess night-vision 4
20+equipment or throw or cast the rays of a spotlight, motor vehicle headlight, or other 5
21+artificial light onto a highway, or into any field, pasture, woodland, forest, or prairie, for 6
22+the purpose of spotting, locating, taking, attempting to take, or hunting any animal, if the 7
23+person is in possession or control of a firearm, bow, or other implement by which an 8
24+animal could be killed. The prohibitions set forth in this section do not apply to a law 9
25+enforcement officer in the performance of the officer's duties. 10
26+Notwithstanding the prohibitions set forth in this section: 11
27+(1) A person may use a handheld light, while the person is on foot, to: 12
28+(a) Take raccoons after the raccoons have been treed by dogs; or 13
29+(b) Engage in trapping activity and take trapped fur-bearing animals; 14
30+(2) From January first to August thirty-first, inclusive, a person may use night vision 15
31+equipment, but not artificial light, to take jackrabbits, coyotes, beaver during its 16
32+hunting season, foxes, raccoons, opossums, badgers, skunks, and rodents, 17
33+provided the person is on public land and uses: 18
34+(a) A shotgun and shotshells; or 19
35+(b) A firearm and a cartridge having a bullet diameter of less than .225 .312 20
36+inches; 21
37+(3) From January first to August thirty-first, a person may use night vision equipment, 22
38+but not artificial light, to take jackrabbits, coyotes, beaver during its hunting 23
39+season, foxes, raccoons, opossums, badgers, skunks, and rodents, provided the 24
40+person is on private land that is under lease to the Department of Game, Fish and 25 25.563.9 2 78
41+ Underscores indicate new language.
42+ Overstrikes indicate deleted language.
43+Parks for the purpose of providing public access, has the permission of the 1
44+landowner, and uses: 2
45+(a) A shotgun and shot shells; or 3
46+(b) A firearm and a cartridge having a bullet diameter of less than .225 .312 4
47+inches; 5
48+(4) A person may use night vision equipment and artificial light to take jackrabbits, 6
49+coyotes, beaver during its hunting season, foxes, raccoons, opossums, badgers, 7
50+skunks, and rodents, provided the person is on private land, and uses: 8
51+(a) A shotgun and shot shells; or 9
52+(b) A firearm and a cartridge having a bullet diameter of less than .225 .312 10
53+inches; and 11
54+(5) An employee of the Department of Game, Fish and Parks may, while performing 12
55+animal damage control, use night-vision equipment and artificial lights, provided 13
56+the employee obtains permission from the person owning or occupying the land 14
57+prior to taking an animal that is causing damage. 15
58+For purposes of this section, artificial light, means a man-made light or lighting 16
59+device that projects lumination for an unaided eye. 17
60+For purposes of this section, night-vision equipment, means an electronic or 18
61+battery-powered device that enhances a person's ability to see in the dark. 19
62+A violation of this section is a Class 2 misdemeanor. 20