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26.504.12 101st Legislative Session 1070
2026 South Dakota Legislature
House Bill 1070
Introduced by: Representative Jordan
Underscores indicate new language.
Overstrikes indicate deleted language.
An Act to expand the days that a retailer is permitted to sell fireworks to residents 1
of this state. 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3
Section 1. That § 34-37-2.2 be AMENDED: 4
34-37-2.2. In addition to any license required under § 34-37-2, for any sales to 5
out-of-state residents, a retailer licensee may obtain: 6
(1) An early season license to operate from May first to June twenty -sixth, with a 7
required fee of one thousand dollars; or 8
(2) A late season license to operate from July sixth to August thirty-first, and from 9
December twenty-eighth to January first, with a required fee of one thousand dollars. 10
A retailer licensee with a license issued under this section that is located west of 11
the Missouri River shall provide any consumer with a copy of any law that prohibits the 12
use of fireworks and a map of the Black Hills Forest Fire Protection District with any sale 13
of fireworks, other than any sale occurring from June twenty -seventh to July fifth. A 14
violation of this section is a Class 1 misdemeanor In addition to a license required under 15
§ 34-37-2, a retailer must obtain: 16
(1) An early season license, if the retailer offers fireworks for sale from May first 17
through June twenty-sixth; and 18
(2) A late season license, if the retailer offers fireworks for sale from July sixth through 19
August thirty-first. 20
An application for a license pursuant to this section must be made to the 21
Department of Public Safety on forms prescribed by the department and must be 22
accompanied by a fee of one thousand dollars for each license. 23
For every sale of fireworks that occurs outside of the dates of June twenty-seventh 24
through July fifth, a retailer located west of the Missouri River must provide the customer 25
26.504.12 2 1070
Underscores indicate new language.
Overstrikes indicate deleted language.
with a copy of any law that prohibits the use of fireworks, and a map of the Black Hills 1
Forest Fire Protection District. 2
A violation of this section is a Class 1 misdemeanor. 3
Section 2. That § 34-37-10 be AMENDED: 4
34-37-10. A Except as provided in § 34-37-2.2, a person is guilty of a Class 1 5
misdemeanor if the person offers any fireworks for sale to any other person , at retail, 6
other than during the period between beginning June twenty-seventh and ending July fifth 7
or during the period between beginning December twenty-eighth and ending January first. 8
A person who is issued a license under § 34-37-2.2 may sell fireworks to out -of-9
state residents for the periods designated in § 34-37-2.2. 10
A person who is issued a late season license under § 34-37-2.2 or a retailer license 11
under § 34-37-2 may sell any fireworks to residents and nonresidents during the period 12
from December twenty-eighth to January first. 13
A retail licensee retailer may not make any sale of sell fireworks between the hours 14
of twelve a.m. and seven a.m midnight and 7:00 a.m. 15