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Chapter 02 - County, Municipal And School District Recreation Systems
Section 42-2-1 - Operation of system authorized--Acquisition and maintenance of land and facilities. - 42-2-1. Operation of system authorized--Acquisition and maintenance of land and...
Section 42-2-2 - System operated independently, cooperatively, or by recreation board. - 42-2-2. System operated independently, cooperatively, or by recreation board. Any...
Section 42-2-3 - Land used for conduct of recreation activities. - 42-2-3. Land used for conduct of recreation activities. Any recreation...
Section 42-2-4 - Acceptance of gifts--Employment of personnel. - 42-2-4. Acceptance of gifts--Employment of personnel. Any public corporation or...
Section 42-2-5 - School district tax levy for recreational purposes--Approval by rural and urban voters--County appropriation. - 42-2-5. School district tax levy for recreational purposes--Approval by rural...
Section 42-2-6 - County appropriation to support activities of the elderly. - 42-2-6. County appropriation to support activities of the elderly. The...
Section 42-2-7 - Expenditure of county fund for benefit of the elderly. - 42-2-7. Expenditure of county fund for benefit of the elderly....
Section 42-2-8 - Municipal appropriations to support activities of the elderly. - 42-2-8. Municipal appropriations to support activities of the elderly. The...
Section 42-2-9 - Municipal expenditures for benefit of the elderly--Payments to nonprofit organizations. - 42-2-9. Municipal expenditures for benefit of the elderly--Payments to nonprofit...
Section 42-2-10 - Cooperation by counties and municipalities in development and maintenance of parks and recreation areas. - 42-2-10. Cooperation by counties and municipalities in development and maintenance...
Section 42-2-11 - County and municipal appropriations for cooperative parks and recreation areas--Maximum amount. - 42-2-11. County and municipal appropriations for cooperative parks and recreation...
Chapter 07 - Horse And Dog Racing
Section 42-7-47 - State policy in exercise of police powers. - 42-7-47. State policy in exercise of police powers. It is...
Section 42-7-48 - Definition of terms. - 42-7-48. Definition of terms. Terms as used in this chapter...
Section 42-7-56 - Powers and responsibilities of commission on gaming. - 42-7-56. Powers and responsibilities of commission on gaming. The commission...
Section 42-7-57 - License required to hold race meeting or handle money under certificate system--Violation as misdemeanor. - 42-7-57. License required to hold race meeting or handle money...
Section 42-7-58 - Authority for racing under certificate system--Issuance of license. - 42-7-58. Authority for racing under certificate system--Issuance of license. The...
Section 42-7-58.1 - Satellite facilities of horse or dog track licensees. - 42-7-58.1. Satellite facilities of horse or dog track licensees. The...
Section 42-7-58.2 - Wagering on televised races--Request and reciprocal agreement. - 42-7-58.2. Wagering on televised races--Request and reciprocal agreement. Upon written...
Section 42-7-58.3 - Approved simulcast races conducted on day assigned by commission. - 42-7-58.3. Approved simulcast races conducted on day assigned by commission....
Section 42-7-58.4 - Distribution of contributions. - 42-7-58.4. Distribution of contributions. All contributions received pursuant to §§42-7-58.2...
Section 42-7-58.5 - Simulcast wagering in compliance with federal laws. - 42-7-58.5. Simulcast wagering in compliance with federal laws. In addition...
Section 42-7-58.6 - Eligibility for license to operate satellite races absent conducting live meet. - 42-7-58.6. Eligibility for license to operate satellite races absent conducting...
Section 42-7-58.7 - Consideration of applications for licenses for satellite facilities and multi-jurisdictional totalizator hubs--Restrictions. - 42-7-58.7. Consideration of applications for licenses for satellite facilities and...
Section 42-7-59 - Filing of application for racing license or provision of simulcast signal--Contents. - 42-7-59. Filing of application for racing license or provision of...
Section 42-7-60 - Bond required of applicant for license--Waiver--Revocation or suspension of license on nonpayment of fees or taxes. - 42-7-60. Bond required of applicant for license--Waiver--Revocation or suspension of...
Section 42-7-61 - Application for new site submitted to county commissioners--Notice to county auditors--Provision for vote. - 42-7-61. Application for new site submitted to county commissioners--Notice to...
Section 42-7-62 - Certification of votes on new racing site--Application forwarded to commission if approved by voters. - 42-7-62. Certification of votes on new racing site--Application forwarded to...
Section 42-7-63 - Fee for collecting and disbursing money--Disposition. - 42-7-63. Fee for collecting and disbursing money--Disposition. The commission may...
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. - 42-7-64. Contents of license for racing under certificate system--Days and...
Section 42-7-65 - Transfer of license or stock ownership subject to approval--Standards applied. - 42-7-65. Transfer of license or stock ownership subject to approval--Standards...
Section 42-7-66 - Investigation of stock ownership--Failure to disclose. - 42-7-66. Investigation of stock ownership--Failure to disclose. The commission may...
Section 42-7-67 - Licensing of participants and track personnel--Maximum fee--Duration and privileges conferred--Fine, suspension or revocation. - 42-7-67. Licensing of participants and track personnel--Maximum fee--Duration and privileges...
Section 42-7-68 - Allotment of racing days to applicants--Preference to past users--Annual scheduling--Procedure for simulcast or satellite facilities. - 42-7-68. Allotment of racing days to applicants--Preference to past users--Annual...
Section 42-7-71 - South Dakota-bred racing fund--Use of fund. - 42-7-71. South Dakota-bred racing fund--Use of fund. One-fourth of all...
Section 42-7-73 - Bonus paid to breeder of winner of South Dakota-bred race--Registration of qualifying horses. - 42-7-73. Bonus paid to breeder of winner of South Dakota-bred...
Section 42-7-76 - Contributions by win bettors--Minors prohibited from participating--Interest acquired--Certificates issued. - 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. - 42-7-76.1. Accepting of large bets by persons other than licensee...
Section 42-7-76.2 - Accepting of medium bets as misdemeanor. - 42-7-76.2. Accepting of medium bets as misdemeanor. Any person who...
Section 42-7-76.3 - Accepting of small bets as misdemeanor. - 42-7-76.3. Accepting of small bets as misdemeanor. Any person who...
Section 42-7-77 - Place and show betting--Combinations of races for betting. - 42-7-77. Place and show betting--Combinations of races for betting. The...
Section 42-7-78 - Deduction from pari-mutuel pool on horse race--Payments to winners. - 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. - 42-7-78.1. Additional deduction from pools on horse races--Distribution. In addition...
Section 42-7-79 - Deduction from pari-mutuel pool on dog race--Weekly remittances--Payments to winners. - 42-7-79. Deduction from pari-mutuel pool on dog race--Weekly remittances--Payments to...
Section 42-7-79.1 - Additional deduction from some pools on dog races--Distribution. - 42-7-79.1. Additional deduction from some pools on dog races--Distribution. In...
Section 42-7-81 - Deduction of breakage from pari-mutuel payments--Licensee to retain breakage. - 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. - 42-7-82. Time for claiming payments from pari-mutuel pool. Claims for...
Section 42-7-84 - Additional withholding by horse licensees. - 42-7-84. Additional withholding by horse licensees. The licensee of each...
Section 42-7-85 - Portion of horse-racing pari-mutuel pool paid to state. - 42-7-85. Portion of horse-racing pari-mutuel pool paid to state. A...
Section 42-7-89 - Payments to state in lieu of other taxes. - 42-7-89. Payments to state in lieu of other taxes. The...
Section 42-7-90 - Audit of licensee by auditor-general--Reimbursement of expense. - 42-7-90. Audit of licensee by auditor-general--Reimbursement of expense. The auditor-general...
Section 42-7-91 - Grounds for refusal, suspension, or withdrawal of license. - 42-7-91. Grounds for refusal, suspension, or withdrawal of license. The...
Section 42-7-92 - Legal representation of commission--Prosecution of violations. - 42-7-92. Legal representation of commission--Prosecution of violations. The attorney general...
Section 42-7-93 - Fine, revocation, or suspension of license after notice and hearing--Waiting period for new license after revocation. - 42-7-93. Fine, revocation, or suspension of license after notice and...
Section 42-7-94 - Decisions and orders in writing--Service on person affected. - 42-7-94. Decisions and orders in writing--Service on person affected. Every...
Section 42-7-95 - Judicial review of commission actions--Cost bond. - 42-7-95. Judicial review of commission actions--Cost bond. If any licensee...
Section 42-7-96 - Suspensions and fines by racing judges or stewards--Notice and hearing--Appeals--Reference to commission. - 42-7-96. Suspensions and fines by racing judges or stewards--Notice and...
Section 42-7-97.1 - Suspensions or revocations exceeding racing season. - 42-7-97.1. Suspensions or revocations exceeding racing season. If a suspension...
Section 42-7-98 - Receipts retained in special racing fund. - 42-7-98. Receipts retained in special racing fund. All moneys received...
Section 42-7-98.1 - Transfer of revenue in special racing fund--Procedure. - 42-7-98.1. Transfer of revenue in special racing fund--Procedure. The state...
Section 42-7-101 - Devices or expedients to increase horse's speed prohibited. - 42-7-101. Devices or expedients to increase horse's speed prohibited. No...
Section 42-7-102 - Interstate combined wagering pool--Take-out of host jurisdiction or facility--Percentage to state. - 42-7-102. Interstate combined wagering pool--Take-out of host jurisdiction or facility--Percentage...
Section 42-7-103 - Combining pari-mutuel pools to establish interstate combined wagering pool. - 42-7-103. Combining pari-mutuel pools to establish interstate combined wagering pool....
Section 42-7-104 - Physical location as place of business. - 42-7-104. Physical location as place of business. No licensee may...
Section 42-7-105 - Tax of wagers in interstate combined wagering pool. - 42-7-105. Tax of wagers in interstate combined wagering pool. Taxes...
Section 42-7-106 - Breakage calculation for interstate combined wagering pool. - 42-7-106. Breakage calculation for interstate combined wagering pool. The commission...
Chapter 07A - State Lottery
Section 42-7A-1 - Definitions. - 42-7A-1. Definitions. Terms used in this chapter mean: (1)"Associated equipment,"...
Section 42-7A-2 - South Dakota Lottery established--Administration by executive director--Overall control and operation of games. - 42-7A-2. South Dakota Lottery established--Administration by executive director--Overall control and...
Section 42-7A-3 - Executive director--Salary--Employment of personnel. - 42-7A-3. Executive director--Salary--Employment of personnel. The executive director shall be...
Section 42-7A-4 - Functions of executive director. - 42-7A-4. Functions of executive director. The executive director may, subject...
Section 42-7A-5 - Competitive bidding required before entering into contracts. - 42-7A-5. Competitive bidding required before entering into contracts. If entering...
Section 42-7A-6 - Investigation of vendors. - 42-7A-6. Investigation of vendors. Before a contract for a major...
Section 42-7A-7 - Subpoenas--Order to comply--Punishment by contempt. - 42-7A-7. Subpoenas--Order to comply--Punishment by contempt. Subpoenas issued under the...
Section 42-7A-8 - Additional functions of executive director. - 42-7A-8. Additional functions of executive director. The executive director shall:...
Section 42-7A-9 - Lottery expenses and prizes to be paid from lottery funds--General funds not to be used or obligated--Exception. - 42-7A-9. Lottery expenses and prizes to be paid from lottery...
Section 42-7A-10 - Selection of lottery retailers. - 42-7A-10. Selection of lottery retailers. The executive director shall select...
Section 42-7A-11 - Lottery retailers application fee--Annual renewal of contracts--Contracts not transferable or assignable. - 42-7A-11. Lottery retailers application fee--Annual renewal of contracts--Contracts not transferable...
Section 42-7A-12 - Issuance of lottery retailer certificate--Display--Sales only at location on certificate. - 42-7A-12. Issuance of lottery retailer certificate--Display--Sales only at location on...
Section 42-7A-13 - Qualifications of lottery retailer. - 42-7A-13. Qualifications of lottery retailer. To be selected as a...
Section 42-7A-14 - Persons ineligible to be licensed by the lottery--Criminal background investigation of applicants, licensees, vendors, and employees. - 42-7A-14. Persons ineligible to be licensed by the lottery--Criminal background...
Section 42-7A-15 - Partnership as lottery retailer or video lottery machine operator. - 42-7A-15. Partnership as lottery retailer or video lottery machine operator....
Section 42-7A-16 - Association or corporation as lottery retailer or video lottery machine operator. - 42-7A-16. Association or corporation as lottery retailer or video lottery...
Section 42-7A-17 - Lottery Commission created--Appointment of members--Term of office--Qualifications--Chair. - 42-7A-17. Lottery Commission created--Appointment of members--Term of office--Qualifications--Chair. There is...
Section 42-7A-18 - Meetings--Quorum. - 42-7A-18. Meetings--Quorum. The commission shall meet at least once a...
Section 42-7A-19 - Commission to establish lottery operation policy--Approval of major procurements. - 42-7A-19. Commission to establish lottery operation policy--Approval of major procurements....
Section 42-7A-19.1 - Sale of lottery products within exterior boundaries of Indian reservations. - 42-7A-19.1. Sale of lottery products within exterior boundaries of Indian...
Section 42-7A-20 - Mileage and per diem paid commission members--Exception. - 42-7A-20. Mileage and per diem paid commission members--Exception. The members...
Section 42-7A-21 - Rules and regulations. - 42-7A-21. Rules and regulations. The commission shall promulgate rules pursuant...
Section 42-7A-22 - Lottery operating fund--Continuous appropriation--Informational budget--Disbursements. - 42-7A-22. Lottery operating fund--Continuous appropriation--Informational budget--Disbursements. There is established within...
Section 42-7A-23 - Amount from sale of tickets allocated for payment of prizes--Means of payment for prizes. - 42-7A-23. Amount from sale of tickets allocated for payment of...
Section 42-7A-24 - Transfer of net proceeds to state funds. - 42-7A-24. Transfer of net proceeds to state funds. Net proceeds...
Section 42-7A-24.1 - Acceptance and expenditure of funds obtained from federal sources, gifts, contributions and other sources. - 42-7A-24.1. Acceptance and expenditure of funds obtained from federal sources,...
Section 42-7A-24.2 - Payment of expenditures. - 42-7A-24.2. Payment of expenditures. Expenditures authorized by this chapter from...
Section 42-7A-25 - Employment and direction of investigative personnel. - 42-7A-25. Employment and direction of investigative personnel. The executive director...
Section 42-7A-26 - Appointment of assistant attorney general to assist in enforcement. - 42-7A-26. Appointment of assistant attorney general to assist in enforcement....
Section 42-7A-27 - Commission members or lottery employees not to have interest in lottery contracts or to accept gifts or loans from persons or businesses contracting with lottery--Violation as misdemeanor. - 42-7A-27. Commission members or lottery employees not to have interest...
Section 42-7A-28 - Persons contracting to supply materials, tickets or consulting services not to give gifts or loans to commission members or lottery employees--Violation as misdemeanor. - 42-7A-28. Persons contracting to supply materials, tickets or consulting services...
Section 42-7A-29 - Removal from office for violation of conflict of interest provisions--Application of other conflict of interest statutes. - 42-7A-29. Removal from office for violation of conflict of interest...
Section 42-7A-30 - Counterfeiting lottery tickets Class 6 felony. - 42-7A-30. Counterfeiting lottery tickets Class 6 felony. Any person who,...
Section 42-7A-31 - Sale of tickets at price greater than that fixed by rules prohibited--Sale by authorized retailer only--Violation. - 42-7A-31. Sale of tickets at price greater than that fixed...
Section 42-7A-32 - Sale of ticket to person under eighteen prohibited--Violation--Gift of ticket to person under eighteen permitted--Prize paid to parent or guardian. - 42-7A-32. Sale of ticket to person under eighteen prohibited--Violation--Gift of...
Section 42-7A-33 - Purchase of ticket or payment of prize to certain persons prohibited--Exceptions. - 42-7A-33. Purchase of ticket or payment of prize to certain...
Section 42-7A-34 - Prize paid to holder of winning ticket--Deceased winner's prize paid to representative--Right to prize nonassignable--Prizes subject to taxation--Disposition of unclaimed prize--Liability of lottery after payment of prize. - 42-7A-34. Prize paid to holder of winning ticket--Deceased winner's prize...
Section 42-7A-36 - Certain mechanical or electronic devices prohibited--Violation as felony--Devices as nuisances. - 42-7A-36. Certain mechanical or electronic devices prohibited--Violation as felony--Devices as...
Section 42-7A-37 - Requirements for licensed video lottery machines. - 42-7A-37. Requirements for licensed video lottery machines. Each video lottery...
Section 42-7A-37.1 - Restrictions on licensed establishment. - 42-7A-37.1. Restrictions on licensed establishment. A business licensed pursuant to...
Section 42-7A-38 - Limit on amount played and awards given. - 42-7A-38. Limit on amount played and awards given. A video...
Section 42-7A-39 - Display of license for video lottery machine--Confiscation--Violation as felony. - 42-7A-39. Display of license for video lottery machine--Confiscation--Violation as felony....
Section 42-7A-40 - Examination of video lottery machines--Costs paid by manufacturer--Contract for examination. - 42-7A-40. Examination of video lottery machines--Costs paid by manufacturer--Contract for...
Section 42-7A-41 - Video lottery machine manufacturer, distributor, operator, and establishment licenses required--Fees. - 42-7A-41. Video lottery machine manufacturer, distributor, operator, and establishment licenses...
Section 42-7A-41.1 - Video lottery operating fund established. - 42-7A-41.1. Video lottery operating fund established. There is created in...
Section 42-7A-41.2 - Posting video lottery odds required. - 42-7A-41.2. Posting video lottery odds required. The odds of winning...
Section 42-7A-42 - Multiple types of licenses prohibited. - 42-7A-42. Multiple types of licenses prohibited. A video lottery machine...
Section 42-7A-43 - Background investigation of video lottery licensees--Eligibility requirements. - 42-7A-43. Background investigation of video lottery licensees--Eligibility requirements. Any person...
Section 42-7A-44 - Rules for placement of video lottery machines--Number limited--Placement in bar or lounge with on-sale license. - 42-7A-44. Rules for placement of video lottery machines--Number limited--Placement in...
Section 42-7A-44.1 - Denial or revocation of license for noncompliance. - 42-7A-44.1. Denial or revocation of license for noncompliance. The commission...
Section 42-7A-45 - Video lottery machine income--Remittance to state--False report as felony--Records--Penalty. - 42-7A-45. Video lottery machine income--Remittance to state--False report as felony--Records--Penalty....
Section 42-7A-46 - Tampering with video lottery machine as misdemeanor. - 42-7A-46. Tampering with video lottery machine as misdemeanor. Any person...
Section 42-7A-47 - Manipulating outcome, payoff, or operation of video lottery machine as felony. - 42-7A-47. Manipulating outcome, payoff, or operation of video lottery machine...
Section 42-7A-48 - Age limit and legal hours of operation for video lottery machines. - 42-7A-48. Age limit and legal hours of operation for video...
Section 42-7A-49 - Lottery products on Indian reservations authorized. - 42-7A-49. Lottery products on Indian reservations authorized. The lottery may...
Section 42-7A-50 - Confidentiality of lottery records. - 42-7A-50. Confidentiality of lottery records. Information and records of the...
Section 42-7A-51 - Lottery setoff program established--Computerized file of persons owing state. - 42-7A-51. Lottery setoff program established--Computerized file of persons owing state....
Section 42-7A-52 - Debt setoff from prize due--Notice of right to appeal--Time limitation--Transfer of setoff amount to agency. - 42-7A-52. Debt setoff from prize due--Notice of right to appeal--Time...
Section 42-7A-53 - Commission, employees, and lottery discharged from liability. - 42-7A-53. Commission, employees, and lottery discharged from liability. The members...
Section 42-7A-54 - Apportionment of prize among agencies--Priority of child support payments. - 42-7A-54. Apportionment of prize among agencies--Priority of child support payments....
Section 42-7A-55 - Collection of remainder of debt. - 42-7A-55. Collection of remainder of debt. If the prize is...
Section 42-7A-56 - Public policy declared. - 42-7A-56. Public policy declared. The Legislature hereby finds, and declares...
Section 42-7A-57 - Approval or disapproval of license applications. - 42-7A-57. Approval or disapproval of license applications. The executive director...
Section 42-7A-58 - Reapplication for license after denial or revocation. - 42-7A-58. Reapplication for license after denial or revocation. Any applicant...
Section 42-7A-59 - False statements in license applications--Perjury. - 42-7A-59. False statements in license applications--Perjury. No person may knowingly...
Section 42-7A-60 - Executive or closed meetings permitted. - 42-7A-60. Executive or closed meetings permitted. In addition to the...
Section 42-7A-62 - Collection of fee--Deposit in general fund. - 42-7A-62. Collection of fee--Deposit in general fund. In addition to...
Section 42-7A-63 - State's percentage of net machine income--Deposit into general fund and video lottery operating fund. - 42-7A-63. State's percentage of net machine income--Deposit into general fund...
Section 42-7A-64 - Additional criteria for on-sale alcoholic beverage licensees in video lottery licensed establishments. - 42-7A-64. Additional criteria for on-sale alcoholic beverage licensees in video...
Chapter 07B - Limited Card Games, Slot Machines, Craps, Roulette, And Keno
Section 42-7B-1 - Limited gaming authorized within city of Deadwood. - 42-7B-1. Limited gaming authorized within city of Deadwood. Limited card...
Section 42-7B-2 - Authority conditioned--Repeal. - 42-7B-2. Authority conditioned--Repeal. No gaming is allowed under the authority...
Section 42-7B-2.1 - Public policy. - 42-7B-2.1. Public policy. The Legislature hereby finds, and declares to...
Section 42-7B-3 - Regulation by commission. - 42-7B-3. Regulation by commission. Gaming within the city limits of...
Section 42-7B-4 - Definition of terms. - 42-7B-4. Definition of terms. Terms used in this chapter mean:...
Section 42-7B-5 - Disposition of proceeds. - 42-7B-5. Disposition of proceeds. The entire net municipal proceeds of...
Section 42-7B-6 - South Dakota Commission on Gaming created. - 42-7B-6. South Dakota Commission on Gaming created. There is hereby...
Section 42-7B-7 - Promulgation of rules--Enforcement of chapter. - 42-7B-7. Promulgation of rules--Enforcement of chapter. The commission may promulgate...
Section 42-7B-7.1 - Commission may suspend gaming at its discretion. - 42-7B-7.1. Commission may suspend gaming at its discretion. The commission...
Section 42-7B-8 - Regular and special meetings--Quorum--Cost of special meeting requested by person other than chair, two members, or Governor. - 42-7B-8. Regular and special meetings--Quorum--Cost of special meeting requested by...
Section 42-7B-8.1 - Purposes for executive or closed meetings. - 42-7B-8.1. Purposes for executive or closed meetings. In addition to...
Section 42-7B-9 - Appointment and removal of executive secretary--Duties--Salary. - 42-7B-9. Appointment and removal of executive secretary--Duties--Salary. The commission shall...
Section 42-7B-9.1 - Executive secretary's access to files and records. - 42-7B-9.1. Executive secretary's access to files and records. The executive...
Section 42-7B-10 - Compensation for commission members--Expenses paid. - 42-7B-10. Compensation for commission members--Expenses paid. The members of the...
Section 42-7B-11 - Powers of commission. - 42-7B-11. Powers of commission. The commission may promulgate rules pursuant...
Section 42-7B-12 - Appeal of final action of commission--Denial of license not appealable. - 42-7B-12. Appeal of final action of commission--Denial of license not...
Section 42-7B-13 - Powers of attorney general pursuant to chapter. - 42-7B-13. Powers of attorney general pursuant to chapter. The attorney...
Section 42-7B-14 - Maximum amount of bets. - 42-7B-14. Maximum amount of bets. The maximum amount of an...
Section 42-7B-15 - Approval of rules for certain games. - 42-7B-15. Approval of rules for certain games. A licensed gaming...
Section 42-7B-16 - Maximum number of gaming devices per license. - 42-7B-16. Maximum number of gaming devices per license. A full...
Section 42-7B-17 - Responsibilities of operator. - 42-7B-17. Responsibilities of operator. Each operator is responsible to provide...
Section 42-7B-18 - Identification of retail floor plan--Approval--License granted only to retailer--Location of devices. - 42-7B-18. Identification of retail floor plan--Approval--License granted only to retailer--Location...
Section 42-7B-19 - Approval or disapproval of license. - 42-7B-19. Approval or disapproval of license. The commission may approve...
Section 42-7B-19.1 - Denial of application--Reapplication. - 42-7B-19.1. Denial of application--Reapplication. Any applicant for a license who...
Section 42-7B-19.2 - Investigation of license applicant--Failure to allow. - 42-7B-19.2. Investigation of license applicant--Failure to allow. In order to...
Section 42-7B-20 - Holding license by certain persons prohibited. - 42-7B-20. Holding license by certain persons prohibited. No officer, agent,...
Section 42-7B-21 - Application fee and form. - 42-7B-21. Application fee and form. The commission may establish an...
Section 42-7B-22 - Licenses--Fees--Renewal--Violation as felony. - 42-7B-22. Licenses--Fees--Renewal--Violation as felony. The commission may issue the following...
Section 42-7B-22.1 - Licensing of key employee may be required--Grounds--Time limit for response from employee--Written request to review status as key employee. - 42-7B-22.1. Licensing of key employee may be required--Grounds--Time limit for...
Section 42-7B-23 - Annual license stamp fee--Transfer of license stamp. - 42-7B-23. Annual license stamp fee--Transfer of license stamp. There is...
Section 42-7B-24 - License revocable--Not transferable. - 42-7B-24. License revocable--Not transferable. Any license that is issued under...
Section 42-7B-25 - Qualifications for license as operator, gaming property owner, retailer, or provider. - 42-7B-25. Qualifications for license as operator, gaming property owner, retailer,...
Section 42-7B-25.1 - Internal control procedure for particular licensee may be established. - 42-7B-25.1. Internal control procedure for particular licensee may be established....
Section 42-7B-27 - Employee support license--Qualifications. - 42-7B-27. Employee support license--Qualifications. Any person employed by a retail...
Section 42-7B-28 - Gaming tax. - 42-7B-28. Gaming tax. There is hereby imposed an eight percent...
Section 42-7B-28.1 - Additional tax on gaming proceeds. - 42-7B-28.1. Additional tax on gaming proceeds. In addition to the...
Section 42-7B-28.2 - Calculation of adjusted gross proceeds. - 42-7B-28.2. Calculation of adjusted gross proceeds. When calculating adjusted gross...
Section 42-7B-29 - Return and remittance--Forms furnished by secretary. - 42-7B-29. Return and remittance--Forms furnished by secretary. Not later than...
Section 42-7B-30 - Violations of taxation provisions punishable as felony or misdemeanor. - 42-7B-30. Violations of taxation provisions punishable as felony or misdemeanor....
Section 42-7B-31 - Failure to file--Penalties. - 42-7B-31. Failure to file--Penalties. Any person required to file returns...
Section 42-7B-32 - Suspension or revocation of license--Grounds--Reprimand or monetary penalty. - 42-7B-32. Suspension or revocation of license--Grounds--Reprimand or monetary penalty. Any...
Section 42-7B-33 - Person involved as manufacturer, distributor, operator, retailer, gaming property owner, provider, key employee, or support licensee--Qualifications. - 42-7B-33. Person involved as manufacturer, distributor, operator, retailer, gaming property...
Section 42-7B-35 - Age of participants--Violation as misdemeanor. - 42-7B-35. Age of participants--Violation as misdemeanor. Any participant in any...
Section 42-7B-36 - Minimum payback value of credit. - 42-7B-36. Minimum payback value of credit. The minimum payback value...
Section 42-7B-37 - Exemption from federal law. - 42-7B-37.Exemption from federal law. Pursuant to section 2 of an...
Section 42-7B-38 - Shipments of devices and machines deemed legal. - 42-7B-38.Shipments of devices and machines deemed legal. All shipments of...
Section 42-7B-39 - Shipping records required to be maintained--Report by recipient--Transport out of state--Violation as felony. - 42-7B-39. Shipping records required to be maintained--Report by recipient--Transport out...
Section 42-7B-39.1 - Shipping records delivered to commission. - 42-7B-39.1. Shipping records delivered to commission. Any person or custodian...
Section 42-7B-39.2 - Destruction of seized slot machine. - 42-7B-39.2. Destruction of seized slot machine. Any slot machine seized...
Section 42-7B-40 - Licensed employee twenty-one years or older required on premises. - 42-7B-40. Licensed employee twenty-one years or older required on premises....
Section 42-7B-41 - False statement or records--Failure to keep books and records--Violations as felony. - 42-7B-41. False statement or records--Failure to keep books and records--Violations...
Section 42-7B-42 - Unlawful acts by participants--Felony. - 42-7B-42. Unlawful acts by participants--Felony. It is unlawful for any...
Section 42-7B-43 - Slot machines and wagering equipment--Security and audit specifications. - 42-7B-43. Slot machines and wagering equipment--Security and audit specifications. All...
Section 42-7B-44 - Expenditure of public funds for purchase of certain machines--Proceeds--Placement. - 42-7B-44. Expenditure of public funds for purchase of certain machines--Proceeds--Placement....
Section 42-7B-45 - Extension of credit prohibited--Violation as felony. - 42-7B-45. Extension of credit prohibited--Violation as felony. No licensed gaming...
Section 42-7B-46 - Historic restoration and preservation fund created. - 42-7B-46. Historic restoration and preservation fund created. There is hereby...
Section 42-7B-47 - Gaming exempt from certain statutes. - 42-7B-47. Gaming exempt from certain statutes. Gaming is exempt from...
Section 42-7B-48 - South Dakota Gaming Commission fund established--Disbursements. - 42-7B-48. South Dakota Gaming Commission fund established--Disbursements. There is established...
Section 42-7B-48.1 - Distribution of funds following payment to City of Deadwood. - 42-7B-48.1. Distribution of funds following payment to City of Deadwood....
Section 42-7B-48.2 - General state aid to school districts reduced by payments from Gaming Commission fund. - 42-7B-48.2. General state aid to school districts reduced by payments...
Section 42-7B-48.3 - Gaming addiction treatment and counseling program grants from Gaming Commission fund. - 42-7B-48.3. Gaming addiction treatment and counseling program grants from Gaming...
Section 42-7B-49 - Acceptance and expenditure of funds by commission. - 42-7B-49. Acceptance and expenditure of funds by commission. The South...
Section 42-7B-50 - Payment of expenditures. - 42-7B-50. Payment of expenditures. Expenditures authorized by this chapter and...
Section 42-7B-52 - Taxes and fees to support identified entities. - 42-7B-52. Taxes and fees to support identified entities. Notwithstanding any...
Section 42-7B-53 - Statement of public policy--Equipment not subject to certain exclusive agreements. - 42-7B-53. Statement of public policy--Equipment not subject to certain exclusive...
Section 42-7B-54 - Anticipatory revenue bonds. - 42-7B-54. Anticipatory revenue bonds. The City of Deadwood may issue...
Section 42-7B-55 - Certain gambling statutes not applicable. - 42-7B-55. Certain gambling statutes not applicable. Sections 21-6-1, 21-6-2, and...
Section 42-7B-56 - Appointment of commission employee as law enforcement officer. - 42-7B-56. Appointment of commission employee as law enforcement officer. The...
Section 42-7B-57 - Commission use of unmarked vehicles. - 42-7B-57. Commission use of unmarked vehicles. The commission may exempt...
Section 42-7B-58 - Records--Confidentiality--Exception for official purposes and tax purposes. - 42-7B-58. Records--Confidentiality--Exception for official purposes and tax purposes. Information and...
Section 42-7B-59 - Certain communications between commission and secretary privileged and confidential. - 42-7B-59. Certain communications between commission and secretary privileged and confidential....
Section 42-7B-60 - Exclusion or ejection of certain persons from gaming establishments necessary. - 42-7B-60. Exclusion or ejection of certain persons from gaming establishments...
Section 42-7B-61 - List of persons to be excluded--Entrance in violation as misdemeanor--Penalty for failure to exclude or eject persons on list. - 42-7B-61. List of persons to be excluded--Entrance in violation as...
Section 42-7B-62 - Notice to excluded person. - 42-7B-62. Notice to excluded person. If the name and description...
Section 42-7B-64 - "Gaming contract" defined. - 42-7B-64."Gaming contract" defined. For the purposes of this chapter, a...
Section 42-7B-65 - Copy of any process or pleading to the commission. - 42-7B-65. Copy of any process or pleading to the commission....
Section 42-7B-66 - Copies of all proposed gaming contracts to the executive secretary. - 42-7B-66. Copies of all proposed gaming contracts to the executive...
Section 42-7B-67 - Notification by licensee of involvement in gaming operations out of state or on any Indian reservation. - 42-7B-67. Notification by licensee of involvement in gaming operations out...
Section 42-7B-68 - Fees for publication and reports. - 42-7B-68. Fees for publication and reports. The commission may charge...
Section 42-7B-69 - Manufacture of gaming devices or equipment for exportation. - 42-7B-69. Manufacture of gaming devices or equipment for exportation. Any...
Section 42-7B-70 - Provision applicable to manufacture of gaming devices and equipment for exportation. - 42-7B-70. Provision applicable to manufacture of gaming devices and equipment...
Section 42-7B-71 - Provision of interlink communications service to slot machines--Not applicable in Deadwood. - 42-7B-71. Provision of interlink communications service to slot machines--Not applicable...
Section 42-7B-72 - Lien for tax, penalty or interest due--Notice of tax lien filed with register of deeds--Priority. - 42-7B-72. Lien for tax, penalty or interest due--Notice of tax...
Section 42-7B-73 - Distress warrant--Seizure and sale of personal property. - 42-7B-73. Distress warrant--Seizure and sale of personal property. After a...
Section 42-7B-74 - Personal liability of corporate officers, member-managers or managers of limited liability companies, or partners--Bond or certificate of deposit. - 42-7B-74. Personal liability of corporate officers, member-managers or managers of...
Section 42-7B-75 - Cancellation or revocation of voluntarily surrendered license. - 42-7B-75. Cancellation or revocation of voluntarily surrendered license. Any license...
Section 42-7B-76 - Sports wagering receipts maintained separately. - 42-7B-76. Sports wagering receipts maintained separately. The receipts from sports...
Section 42-7B-77 - Advance deposit sports wagering--Account requirements. - 42-7B-77. Advance deposit sports wagering--Account requirements. Each operator or route...
Section 42-7B-78 - Advance deposit sports wagering--Establishing account--Duty to retain application--Application considered record. - 42-7B-78. Advance deposit sports wagering--Establishing account--Duty to retain application--Application considered...
Section 42-7B-79 - Advance deposit sports wagering restrictions--Required equipment. - 42-7B-79. Advance deposit sports wagering restrictions--Required equipment. Any sports wagering...
Section 42-7B-80 - Investigation conducted by sport's governing body. - 42-7B-80. Investigation conducted by sport's governing body. With the approval...
Section 42-7B-81 - Licensee's duty to report criminal or disciplinary proceeding--Commission may share information. - 42-7B-81. Licensee's duty to report criminal or disciplinary proceeding--Commission may...
Section 42-7B-82 - Betting prohibited on certain events. - 42-7B-82. Betting prohibited on certain events. A licensee may not...
Section 42-7B-83 - Certain persons prohibited from betting. - 42-7B-83. Certain persons prohibited from betting. A licensee may not...
Chapter 08 - Watercraft
Section 42-8-1 - Safety and uniformity as policy of state. - 42-8-1. Safety and uniformity as policy of state. It is...
Section 42-8-1.2 - Governor authorized to prohibit or restrict use of certain waterways. - 42-8-1.2. Governor authorized to prohibit or restrict use of certain...
Section 42-8-1.3 - Notice of restriction or prohibition. - 42-8-1.3. Notice of restriction or prohibition. The Governor or the...
Section 42-8-1.4 - Violation of prohibition or restriction as misdemeanor. - 42-8-1.4. Violation of prohibition or restriction as misdemeanor. Any person...
Section 42-8-2 - Definition of terms. - 42-8-2. Definition of terms. Terms used in this chapter mean:...
Section 42-8-2.1 - "Underway" defined. - 42-8-2.1."Underway" defined. For purposes of this chapter a boat is...
Section 42-8-39 - Waste treatment requirements for kitchen and toilet facilities--Violation as misdemeanor. - 42-8-39. Waste treatment requirements for kitchen and toilet facilities--Violation as...
Section 42-8-41 - Boats--Required equipment--Penalty. - 42-8-41. Boats--Required equipment--Penalty. No person may operate or give permission...
Section 42-8-42 - Muffler required--Use of cutouts prohibited--Racing boats excepted. - 42-8-42. Muffler required--Use of cutouts prohibited--Racing boats excepted. The exhaust...
Section 42-8-44.1 - Allowable area of operation of diver in underwater activity--Display and design of diver-down flag--Violation as misdemeanor. - 42-8-44.1. Allowable area of operation of diver in underwater activity--Display...
Section 42-8-44.2 - Operation of boat or other surface activity in diver's allowable area prohibited--Violation as misdemeanor. - 42-8-44.2. Operation of boat or other surface activity in diver's...
Section 42-8-45 - Operation of boat under influence of alcohol or drugs as misdemeanor. - 42-8-45. Operation of boat under influence of alcohol or drugs...
Section 42-8-45.1 - Arrest without a warrant--Probable cause. - 42-8-45.1. Arrest without a warrant--Probable cause. A law enforcement officer...
Section 42-8-45.2 - Submission to breath test upon accident or violation--Chemical test. - 42-8-45.2. Submission to breath test upon accident or violation--Chemical test....
Section 42-8-45.3 - Lawful use of drug no defense. - 42-8-45.3. Lawful use of drug no defense. The fact that...
Section 42-8-45.4 - Amount of alcohol in blood--Presumptions. - 42-8-45.4. Amount of alcohol in blood--Presumptions. In any criminal prosecution...
Section 42-8-45.5 - Competent evidence not limited. - 42-8-45.5. Competent evidence not limited. The provisions of §42-8-45.4 do...
Section 42-8-45.6 - Operation of boat on public waters as consent to be tested. - 42-8-45.6. Operation of boat on public waters as consent to...
Section 42-8-45.7 - Persons authorized to take breath or other bodily substance specimen--Liability. - 42-8-45.7. Persons authorized to take breath or other bodily substance...
Section 42-8-45.8 - Testing to be done under supervision of arresting officer--Breath test by person possessing permit. - 42-8-45.8. Testing to be done under supervision of arresting officer--Breath...
Section 42-8-45.9 - Choice of additional testing. - 42-8-45.9. Choice of additional testing. Any person tested pursuant to...
Section 42-8-45.10 - Availability of test results. - 42-8-45.10. Availability of test results. Upon the request of any...
Section 42-8-45.11 - Costs of testing and witness expenses as costs in the action. - 42-8-45.11. Costs of testing and witness expenses as costs in...
Section 42-8-46 - Reckless operation of boat as misdemeanor. - 42-8-46. Reckless operation of boat as misdemeanor. No person may...
Section 42-8-48 - Waterskiing and surfboarding prohibited during hours of darkness--Violation as misdemeanor. - 42-8-48. Waterskiing and surfboarding prohibited during hours of darkness--Violation as...
Section 42-8-49 - Two persons required in boat towing skis or aquaplane--Exception for wide angle mirror--Violation as misdemeanor. - 42-8-49. Two persons required in boat towing skis or aquaplane--Exception...
Section 42-8-50 - Skiing requirements waived for exhibitions and regattas. - 42-8-50. Skiing requirements waived for exhibitions and regattas. The provisions...
Section 42-8-51 - Operation to cause collision by skier or surfboarder prohibited--Violation as misdemeanor. - 42-8-51. Operation to cause collision by skier or surfboarder prohibited--Violation...
Section 42-8-52 - Tampering with or unlawful operation of boat as misdemeanor. - 42-8-52. Tampering with or unlawful operation of boat as misdemeanor....
Section 42-8-54 - Application for permission for regatta, race or exhibition--Conducting unauthorized event as misdemeanor. - 42-8-54. Application for permission for regatta, race or exhibition--Conducting unauthorized...
Section 42-8-56 - Operator of boat involved in accident to render assistance to other persons--Violation as misdemeanor. - 42-8-56. Operator of boat involved in accident to render assistance...
Section 42-8-57 - Operator of boat involved in accident to reveal identification--Violation as misdemeanor. - 42-8-57. Operator of boat involved in accident to reveal identification--Violation...
Section 42-8-58 - Notice of accident to be filed with department--Investigation of accidents--Violation as misdemeanor. - 42-8-58. Notice of accident to be filed with department--Investigation of...
Section 42-8-60 - Records maintained by owners of boats for hire--Preservation and inspection of records--Violation as misdemeanor. - 42-8-60. Records maintained by owners of boats for hire--Preservation and...
Section 42-8-63 - Application by political subdivision for special rules applicable therein. - 42-8-63. Application by political subdivision for special rules applicable therein....
Section 42-8-66 - Enforcement of chapter by law enforcement officers--Stopping and boarding of boats. - 42-8-66. Enforcement of chapter by law enforcement officers--Stopping and boarding...
Section 42-8-67 - Boundary waters--Concurrent jurisdiction with adjoining states. - 42-8-67. Boundary waters--Concurrent jurisdiction with adjoining states. For the purposes...
Section 42-8-68 - Sailboards exempt. - 42-8-68. Sailboards exempt. The provisions of this chapter may not...
Section 42-8-69 - Age requirement for driving certain motorboats--Violation as misdemeanor. - 42-8-69. Age requirement for driving certain motorboats--Violation as misdemeanor. No...
Section 42-8-102 - Personal watercraft--Rules of operation--Age requirement--Violation as misdemeanor. - 42-8-102. Personal watercraft--Rules of operation--Age requirement--Violation as misdemeanor. No person...
Section 42-8-103 - Summons issued for violation punishable as Class 2 misdemeanor--Release upon promise to appear in court or bond--Violation as misdemeanor. - 42-8-103. Summons issued for violation punishable as Class 2 misdemeanor--Release...
Chapter 10 - Amusement Rides
Section 42-10-1 - Amusement ride defined. - 42-10-1. Amusement ride defined. An amusement ride is any mechanical...
Section 42-10-2 - Liability insurance requirement. - 42-10-2. Liability insurance requirement. No person may own, operate, or...
Section 42-10-2.1 - Proof of liability insurance required. - 42-10-2.1. Proof of liability insurance required. No amusement ride may...
Section 42-10-3 - Local government inspection. - 42-10-3. Local government inspection. Nothing in this chapter prohibits any...
Section 42-10-4 - Annual inspection. - 42-10-4. Annual inspection. No person may operate an amusement ride...
Section 42-10-5 - Inspection affidavit. - 42-10-5. Inspection affidavit. The owner of an amusement ride shall...
Section 42-10-6 - Daily inspection--Standards--Record. - 42-10-6. Daily inspection--Standards--Record. No person may operate an amusement ride...
Section 42-10-7 - Inspection following modification. - 42-10-7. Inspection following modification. No person may operate an amusement...
Section 42-10-8 - Certified amusement ride inspector defined. - 42-10-8. Certified amusement ride inspector defined. For purposes of §§42-10-4...
Section 42-10-9 - Rider obedience of rules, warnings, and oral or prerecorded instructions--Contributory negligence. - 42-10-9. Rider obedience of rules, warnings, and oral or prerecorded...
Chapter 11 - Equine Activities
Section 42-11-1 - Definition of terms. - 42-11-1. Definition of terms. Terms used in this chapter mean:...
Section 42-11-2 - Persons exempt from liability. - 42-11-2. Persons exempt from liability. No equine activity sponsor, equine...
Section 42-11-3 - Conduct not exempt from liability. - 42-11-3. Conduct not exempt from liability. Nothing in this chapter...
Section 42-11-4 - Warranty or trespass unaffected. - 42-11-4. Warranty or trespass unaffected. Nothing in this chapter prevents...
Section 42-11-5 - Warning signs--Placement--Size. - 42-11-5. Warning signs--Placement--Size. Each equine professional shall post and maintain...
Chapter 12 - Boxing, Kickboxing, Mixed Martial Arts, And Sparring
Section 42-12-7.1 - Definitions. - 42-12-7.1. Definitions. Terms used in this chapter mean: (1)"Department," the...
Section 42-12-8 - South Dakota Athletic Commission created. - 42-12-8. South Dakota Athletic Commission created. There is hereby created,...
Section 42-12-8.1 - Terms--Vacancies. - 42-12-8.1. Terms--Vacancies. Each appointment to the commission shall be for...
Section 42-12-8.2 - Meetings--Quorum. - 42-12-8.2. Meetings--Quorum. The commission shall hold at least one meeting...
Section 42-12-8.3 - Officers. - 42-12-8.3. Officers. The commission shall select a chair, vice chair,...
Section 42-12-8.4 - Per diem--Expenses. - 42-12-8.4. Per diem--Expenses. Members of the commission shall receive a...
Section 42-12-8.5 - Immunity from personal liability. - 42-12-8.5. Immunity from personal liability. The commission, its members, and...
Section 42-12-8.6 - Liability coverage. - 42-12-8.6. Liability coverage. The commission may acquire liability coverage from...
Section 42-12-9 - Direction of boxing, kickboxing, and mixed martial arts competitions and sparring exhibitions. - 42-12-9. Direction of boxing, kickboxing, and mixed martial arts competitions...
Section 42-12-9.1 - Powers and duties of commission. - 42-12-9.1. Powers and duties of commission. The commission has the...
Section 42-12-10 - Promulgation of rules. - 42-12-10. Promulgation of rules. The commission shall promulgate rules, pursuant...
Section 42-12-11 - Boxing commission fund. - 42-12-11. Boxing commission fund. All fees collected pursuant to this...
Section 42-12-12 - Competitions and exhibitions to conform to local ordinances. - 42-12-12. Competitions and exhibitions to conform to local ordinances. Boxing,...
Section 42-12-13 - Certain educational institutions and amateur associations exempt. - 42-12-13. Certain educational institutions and amateur associations exempt. All boxing,...
Section 42-12-14 - Certificate of registration required for boxers, kickboxers, and mixed martial artists--Application--Violation as misdemeanor. - 42-12-14. Certificate of registration required for boxers, kickboxers, and mixed...
Section 42-12-15 - License required to facilitate a competition or exhibition--Application--Violation as misdemeanor. - 42-12-15. License required to facilitate a competition or exhibition--Application--Violation as...
Section 42-12-16 - Certificate of registration required for competition or exhibition--Violation as misdemeanor. - 42-12-16. Certificate of registration required for competition or exhibition--Violation as...
Section 42-12-17 - Records pertaining to competition or exhibition. - 42-12-17. Records pertaining to competition or exhibition. Any competition or...
Section 42-12-18 - Inspection of competition or sparring exhibition. - 42-12-18. Inspection of competition or sparring exhibition. Any member of...
Section 42-12-19 - Proceeds subject to forfeiture. - 42-12-19. Proceeds subject to forfeiture. Any assets, interest, revenues, income,...
Section 42-12-20 - Sanctions for violation of chapter. - 42-12-20. Sanctions for violation of chapter. If the commission determines...
Section 42-12-21 - Summary suspension of registration or license--Hearing--Appeal. - 42-12-21. Summary suspension of registration or license--Hearing--Appeal. The commission may...
Section 42-12-22 - Proceedings for revocation or suspension. - 42-12-22. Proceedings for revocation or suspension. Proceedings for the revocation...
Section 42-12-23 - Appeals from discipline. - 42-12-23. Appeals from discipline. The findings and actions of the...
Section 42-12-24 - Penalties for violation of chapter. - 42-12-24. Penalties for violation of chapter. Any person, club, corporation,...
Section 42-12-25 - Cease and desist order--Service--Hearing. - 42-12-25. Cease and desist order--Service--Hearing. Service of the cease and...
Section 42-12-26 - Failure to appear--Criminal prosecution. - 42-12-26. Failure to appear--Criminal prosecution. If no hearing is requested...
Section 42-12-27 - Report--Orders. - 42-12-27. Report--Orders. The commission or hearing examiner shall issue a...
Section 42-12-28 - Fees to reimburse commission for proceedings. - 42-12-28. Fees to reimburse commission for proceedings. The commission may...
Section 42-12-29 - Prosecution of criminal action. - 42-12-29. Prosecution of criminal action. Any criminal action for violation...
Section 42-12-30 - Prosecution of civil action. - 42-12-30. Prosecution of civil action. In any civil action to...