South Dakota Codified Laws
Chapter 07 - Horse And Dog Racing
Section 42-7-56 - Powers and responsibilities of commission on gaming.

42-7-56. Powers and responsibilities of commission on gaming.
The commission shall:
(1)Provide for racing under the certificate system;
(2)Perform quasi-legislative, quasi-judicial, and advisory functions excluding special budgetary functions as defined in §1-32-1;
(3)Set racing dates;
(4)Promulgate rules pursuant to chapter 1-26 for effectively preventing the use of any substance, compound items, or combination thereof of any medicine, narcotic, stimulant, depressant, or anesthetic which could alter the normal performance of a racing animal unless specifically authorized by the commission;
(5)Supervise and check the making of pari-mutuel pools, pari-mutuel machines, and equipment used within the state;
(6)Promulgate rules pursuant to chapter 1-26 governing, restricting, or regulating bids on licensees' concessions and leases on equipment;
(7)Approve all proposed extensions, additions, or improvements to the buildings, stables, or tracts upon property owned or leased by a licensee;
(8)Exclude from race courses or other pari-mutuel facilities any person who violates the racing laws or any rule or order of the commission or is not eligible for licensing in another racing jurisdiction;
(9)Compel the production of all documents showing the receipts and disbursements of any licensee and determine the manner in which the financial records shall be kept;
(10)Investigate the operations of any licensee and cause the various places where the certificate system is operated to be visited and inspected at reasonable intervals for the purpose of satisfying itself that the rules are strictly complied with;
(11)Request appropriate state officials to perform inspections necessary for the health and safety of spectators, employees, participants, and animals that are lawfully on the race track;
(12)License all participants in the racing industry and require and obtain such information as the commission deems necessary from licensed applicants;
(13)Promulgate and enforce additional rules pursuant to chapter 1-26, and conditions under which all horse and dog races held shall be conducted and promulgate rules pursuant to chapter 1-26 to preserve the integrity and security of racing;
(14)License all facilities at which money is collected or disbursed under the certificate system;
(15)Promulgate rules pursuant to chapter 1-26 for the authorization, regulation, and auditing of account wagering on horse and dog racing authorized by this chapter;
(16)Promulgate rules pursuant to chapter 1-26 regarding the licensing and regulation of multi-jurisdictional totalizator hubs and the employees of such facilities; and
(17)Promulgate rules pursuant to chapter 1-26 to establish application fees and initial system audit fees that shall be used to conduct the background investigation of the applicant and the initial system audit of the multi-jurisdictional totalizator hub. If the commission or the executive secretary determines that the actual cost of the background investigation or initial system audit will exceed the amount of the fees paid, the commission may assess the actual cost of the background investigation or initial system audit, including the costs for personnel and travel, against the applicant.

Source: SDC 1939, §53.0502; SL 1949, ch 213; SDCL, §42-7-7; SL 1978, ch 302, §9; SL 1985, ch 331, §§2, 5; SL 1986, ch 22, §20; SL 1990, ch 339, §2; SL 1991, ch 349, §9; SL 2005, ch 229, §1.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 42 - Recreation and Sports

Chapter 07 - Horse And Dog Racing

Section 42-7-47 - State policy in exercise of police powers.

Section 42-7-48 - Definition of terms.

Section 42-7-56 - Powers and responsibilities of commission on gaming.

Section 42-7-57 - License required to hold race meeting or handle money under certificate system--Violation as misdemeanor.

Section 42-7-58 - Authority for racing under certificate system--Issuance of license.

Section 42-7-58.1 - Satellite facilities of horse or dog track licensees.

Section 42-7-58.2 - Wagering on televised races--Request and reciprocal agreement.

Section 42-7-58.3 - Approved simulcast races conducted on day assigned by commission.

Section 42-7-58.4 - Distribution of contributions.

Section 42-7-58.5 - Simulcast wagering in compliance with federal laws.

Section 42-7-58.6 - Eligibility for license to operate satellite races absent conducting live meet.

Section 42-7-58.7 - Consideration of applications for licenses for satellite facilities and multi-jurisdictional totalizator hubs--Restrictions.

Section 42-7-59 - Filing of application for racing license or provision of simulcast signal--Contents.

Section 42-7-60 - Bond required of applicant for license--Waiver--Revocation or suspension of license on nonpayment of fees or taxes.

Section 42-7-61 - Application for new site submitted to county commissioners--Notice to county auditors--Provision for vote.

Section 42-7-62 - Certification of votes on new racing site--Application forwarded to commission if approved by voters.

Section 42-7-63 - Fee for collecting and disbursing money--Disposition.

Section 42-7-64 - Contents of license for racing under certificate system--Days and hours of racing specified--License issued on basis of calendar year.

Section 42-7-65 - Transfer of license or stock ownership subject to approval--Standards applied.

Section 42-7-66 - Investigation of stock ownership--Failure to disclose.

Section 42-7-67 - Licensing of participants and track personnel--Maximum fee--Duration and privileges conferred--Fine, suspension or revocation.

Section 42-7-68 - Allotment of racing days to applicants--Preference to past users--Annual scheduling--Procedure for simulcast or satellite facilities.

Section 42-7-71 - South Dakota-bred racing fund--Use of fund.

Section 42-7-73 - Bonus paid to breeder of winner of South Dakota-bred race--Registration of qualifying horses.

Section 42-7-76 - Contributions by win bettors--Minors prohibited from participating--Interest acquired--Certificates issued.

Section 42-7-76.1 - Accepting of large bets by persons other than licensee as felony.

Section 42-7-76.2 - Accepting of medium bets as misdemeanor.

Section 42-7-76.3 - Accepting of small bets as misdemeanor.

Section 42-7-77 - Place and show betting--Combinations of races for betting.

Section 42-7-78 - Deduction from pari-mutuel pool on horse race--Payments to winners.

Section 42-7-78.1 - Additional deduction from pools on horse races--Distribution.

Section 42-7-79 - Deduction from pari-mutuel pool on dog race--Weekly remittances--Payments to winners.

Section 42-7-79.1 - Additional deduction from some pools on dog races--Distribution.

Section 42-7-81 - Deduction of breakage from pari-mutuel payments--Licensee to retain breakage.

Section 42-7-82 - Time for claiming payments from pari-mutuel pool.

Section 42-7-84 - Additional withholding by horse licensees.

Section 42-7-85 - Portion of horse-racing pari-mutuel pool paid to state.

Section 42-7-89 - Payments to state in lieu of other taxes.

Section 42-7-90 - Audit of licensee by auditor-general--Reimbursement of expense.

Section 42-7-91 - Grounds for refusal, suspension, or withdrawal of license.

Section 42-7-92 - Legal representation of commission--Prosecution of violations.

Section 42-7-93 - Fine, revocation, or suspension of license after notice and hearing--Waiting period for new license after revocation.

Section 42-7-94 - Decisions and orders in writing--Service on person affected.

Section 42-7-95 - Judicial review of commission actions--Cost bond.

Section 42-7-96 - Suspensions and fines by racing judges or stewards--Notice and hearing--Appeals--Reference to commission.

Section 42-7-97.1 - Suspensions or revocations exceeding racing season.

Section 42-7-98 - Receipts retained in special racing fund.

Section 42-7-98.1 - Transfer of revenue in special racing fund--Procedure.

Section 42-7-101 - Devices or expedients to increase horse's speed prohibited.

Section 42-7-102 - Interstate combined wagering pool--Take-out of host jurisdiction or facility--Percentage to state.

Section 42-7-103 - Combining pari-mutuel pools to establish interstate combined wagering pool.

Section 42-7-104 - Physical location as place of business.

Section 42-7-105 - Tax of wagers in interstate combined wagering pool.

Section 42-7-106 - Breakage calculation for interstate combined wagering pool.