2019 Senate Bill 26 - Introduced

State of South Dakota  
NINETY-FOURTH SESSION
LEGISLATIVE ASSEMBLY, 2019  

400B0241   SENATE BILL   NO.  26  

Introduced by:    The Committee on State Affairs at the request of the Department of Revenue
 

        FOR AN ACT ENTITLED, An Act to clarify certain provisions regarding the regulation of limited gaming in Deadwood, South Dakota.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That subdivision (1B) of § 42-7B-4 be amended to read:
            (1B)    "Associated equipment manufacturer or distributor," any person who designs, assembles, fabricates, produces, constructs, sells, leases, distributes, or otherwise prepares a product or component of any associated equipment;
    Section 2. That subdivision (22) of § 42-7B-4 be amended to read:
            (22)    "Slot machine manufacturer or distributor," any person or distributor who designs, assembles, fabricates, produces, constructs, sells, leases, distributes, or who otherwise prepares a product or a component part of a slot machine, other than tables or cabinetry;
    Section 3. That § 42-7B-32 be amended to read:
    42-7B-32. Any license granted pursuant to this chapter may be suspended or revoked for any cause which may have prevented its issuance, or for violation by the licensee, or any officer,

director, agent, member, or employee of the licensee, of this chapter or any rule adopted by the commission or for conviction of a crime of moral turpitude or a felony, after notice to the licensee and a hearing, upon grounds determined adequate by the commission. In addition to revocation or suspension or in lieu of revocation or suspension, the commission may impose a reprimand or a monetary penalty for each offense not to exceed the following amounts:

            (1)    If the licensee is a slot machine manufacturer or distributor, two hundred fifty thousand dollars;
            (2)    If the licensee is an operator or associated equipment manufacturer or distributor, one hundred thousand dollars;
            (3)    If the licensee is a retailer or gaming property owner, twenty-five thousand dollars;
            (4)    If the licensee is a key employee, five thousand dollars; and
            (5)    If the licensee has a support license, two thousand five hundred dollars.
    Any monetary penalty received by the commission under this section shall be deposited in the gaming commission fund established by § 42-7B-48 and is to be used solely for the purposes prescribed by subdivision 42-7B-48(2) and is not subject to the provisions of subdivision 42-7B-48(4) 42-7B-48(3).
    Section 4. That § 42-7B-33 be amended to read:
    42-7B-33. Any person, any stockholder owning five percent or more of any corporation or limited liability company, and any officer or director, or any partner in any partnership involved as a manufacturer, distributor, operator, retailer, or gaming property owner, or key employee or support licensee involved with the conduct of gaming shall be:
            (1)    A person of good character, honesty, and integrity;
            (2)    A person whose prior activities, criminal record, reputation, habits, and associations do not pose a threat to the public interests of this state or to the control of the gaming,

or create or enhance the dangers of unsuitable, unfair, or illegal practices, methods, and activities in the conduct of gaming or the carrying on of the business and financial arrangements incidental to the conduct of gaming; and

            (3)    A person who has not entered a plea of guilty or nolo contendere to a felony charge or has not been convicted of a felony in this or any other jurisdiction, has not been found to have violated the provisions of this chapter or any rule adopted pursuant to this chapter, and has not knowingly made a false statement of material facts to the commission or its legal counsel.

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