CHAPTER 42-7

HORSE AND DOG RACING

42-7-1    42-7-1 to 42-7-46. Repealed by SL 1977, ch 3, § 2 (4)

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

42-7-48    Definition of terms.

42-7-49    42-7-49 to 42-7-55. Repealed by SL 1991, ch 349, §§ 2 to 8

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

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

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

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

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

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

42-7-58.4    Distribution of contributions.

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

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

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

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

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

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

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

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

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

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

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

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

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

42-7-69    42-7-69, 42-7-70. Repealed by SL 2000, ch 212, §§ 6, 7

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

42-7-72    42-7-72. Repealed by SL 1983, ch 301, § 2

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

42-7-74    42-7-74, 42-7-75. Repealed by SL 1983, ch 301, § 3

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

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

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

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

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

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

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

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

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

42-7-80    42-7-80. Repealed by SL 2015, ch 63, § 2.

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

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

42-7-83    42-7-83. Repealed by SL 1989, ch 367, § 6

42-7-84    Additional withholding by horse licensees.

42-7-84.1    42-7-84.1. Repealed by SL 1989, ch 367, § 8

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

42-7-86    42-7-86, 42-7-87. Repealed by SL 1989, ch 367, §§ 9, 10

42-7-88    42-7-88. Repealed by SL 1992, ch 303, § 3

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

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

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

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

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

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

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

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

42-7-97    42-7-97. Superseded

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

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

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

42-7-99    42-7-99, 42-7-100. Repealed by SL 1991, ch 349, §§ 34, 35

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

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

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

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

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

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

CHAPTER 42-7A

STATE LOTTERY

42-7A-1    Definitions.

42-7A-2    South Dakota Lottery established--Administration by executive director--Overall control and operation of games.

42-7A-3    Executive director--Salary--Employment of personnel.

42-7A-4    Functions of executive director.

42-7A-5    Competitive bidding required before entering into contracts.

42-7A-6    Investigation of vendors.

42-7A-7    Subpoenas--Order to comply--Punishment by contempt.

42-7A-8    Additional functions of executive director.

42-7A-9    Lottery expenses and prizes to be paid from lottery funds--General funds not to be used or obligated--Exception.

42-7A-10    Selection of lottery retailers.

42-7A-11    Lottery retailers application fee--Annual renewal of contracts--Contracts not transferable or assignable.

42-7A-12    Issuance of lottery retailer certificate--Display--Sales only at location on certificate.

42-7A-13    Qualifications of lottery retailer.

42-7A-14    Persons ineligible to be licensed by the lottery--Criminal background investigation of applicants, licensees, vendors, and employees.

42-7A-15    Partnership as lottery retailer or video lottery machine operator.

42-7A-16    Association or corporation as lottery retailer or video lottery machine operator.

42-7A-17    Lottery Commission created--Appointment of members--Term of office--Qualifications--Chair.

42-7A-18    Meetings--Quorum.

42-7A-19    Commission to establish lottery operation policy--Approval of major procurements.

42-7A-19.1    Sale of lottery products within exterior boundaries of Indian reservations.

42-7A-20    Mileage and per diem paid commission members--Exception.

42-7A-21    Rules and regulations.

42-7A-22    Lottery operating fund--Continuous appropriation--Informational budget--Disbursements.

42-7A-23    Amount from sale of tickets allocated for payment of prizes--Means of payment for prizes.

42-7A-24    Transfer of net proceeds to state funds.

42-7A-24.1    Acceptance and expenditure of funds obtained from federal sources, gifts, contributions and other sources.

42-7A-24.2    Payment of expenditures.

42-7A-25    Employment and direction of investigative personnel.

42-7A-26    Appointment of assistant attorney general to assist in enforcement.

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-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-29    Removal from office for violation of conflict of interest provisions--Application of other conflict of interest statutes.

42-7A-30    Counterfeiting lottery tickets Class 6 felony.

42-7A-31    Sale of tickets at price greater than that fixed by rules prohibited--Sale by authorized retailer only--Violation.

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-33    Purchase of ticket or payment of prize to certain persons prohibited--Exceptions.

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-35    42-7A-35. Repealed by SL 1989, ch 371, § 2

42-7A-36    Certain mechanical or electronic devices prohibited--Violation as felony--Devices as nuisances.

42-7A-37    Requirements for licensed video lottery machines.

42-7A-37.1    Restrictions on licensed establishment.

42-7A-38    Limit on amount played and awards given.

42-7A-39    Display of license for video lottery machine--Confiscation--Violation as felony.

42-7A-40    Examination of video lottery machines--Costs paid by manufacturer--Contract for examination.

42-7A-41    Video lottery machine manufacturer, distributor, operator, and establishment licenses required--Fees.

42-7A-41.1    Video lottery operating fund established.

42-7A-41.2    Posting video lottery odds required.

42-7A-42    Multiple types of licenses prohibited.

42-7A-43    Background investigation of video lottery licensees--Eligibility requirements.

42-7A-44    Rules for placement of video lottery machines--Number limited--Placement in bar or lounge with on-sale license.

42-7A-44.1    Denial or revocation of license for noncompliance.

42-7A-44.2    On-sale license--Municipal event center or recreation facility--Placement of video lottery machines prohibited.

42-7A-45    Video lottery machine income--Remittance to state--False report as felony--Records--Penalty.

42-7A-46    Tampering with video lottery machine as misdemeanor.

42-7A-47    Manipulating outcome, payoff, or operation of video lottery machine as felony.

42-7A-48    Age limit and legal hours of operation for video lottery machines.

42-7A-49    Lottery products on Indian reservations authorized.

42-7A-50    Confidentiality of lottery records.

42-7A-50.1    Prize winner personal information--Consent to make public.

42-7A-51    Lottery setoff program established--Computerized file of persons owing state.

42-7A-52    Debt setoff from prize due--Notice of right to appeal--Time limitation--Transfer of setoff amount to agency.

42-7A-53    Commission, employees, and lottery discharged from liability.

42-7A-54    Apportionment of prize among agencies--Priority of child support payments.

42-7A-55    Collection of remainder of debt.

42-7A-56    Public policy declared.

42-7A-57    Approval or disapproval of license applications.

42-7A-58    Reapplication for license after denial or revocation.

42-7A-59    False statements in license applications--Perjury.

42-7A-60    Executive or closed meetings permitted.

42-7A-61    42-7A-61. Repealed by SL 2013, ch 219, § 10.

42-7A-62    Collection of fee--Deposit in general fund.

42-7A-63    State's percentage of net machine income--Deposit into general fund and video lottery operating fund.

42-7A-64    Additional criteria for on-sale alcoholic beverage licensees in video lottery licensed establishments.

42-7A-65    42-7A-65. Repealed by SL 2013, ch 219, § 11.

CHAPTER 42-7B

LIMITED CARD GAMES, SLOT MACHINES, CRAPS, ROULETTE, AND KENO

42-7B-1    Limited gaming authorized within city of Deadwood.

42-7B-2    Authority conditioned--Repeal.

42-7B-2.1    Public policy.

42-7B-3    Regulation by commission.

42-7B-4    Definition of terms.

42-7B-5    Disposition of proceeds.

42-7B-6    South Dakota Commission on Gaming created.

42-7B-7    Promulgation of rules--Enforcement of chapter.

42-7B-7.1    Commission may suspend gaming at its discretion.

42-7B-8    Regular and special meetings--Quorum--Cost of special meeting requested by person other than chair, two members, or Governor.

42-7B-8.1    Purposes for executive or closed meetings.

42-7B-9    Appointment and removal of executive secretary--Duties--Salary.

42-7B-9.1    Executive secretary's access to files and records.

42-7B-10    Compensation for commission members--Expenses paid.

42-7B-11    Powers of commission.

42-7B-12    Appeal of final action of commission--Denial of license not appealable.

42-7B-13    Powers of attorney general pursuant to chapter.

42-7B-14    Maximum amount of bets.

42-7B-15    Approval of rules for certain games.

42-7B-16    Maximum number of gaming devices per license.

42-7B-16.1    42-7B-16.1. Repealed by special referendum election held September 14, 1993

42-7B-16.2    42-7B-16.2 to 42-7B-16.4. Not implemented

42-7B-17    Responsibilities of operator.

42-7B-18    Identification of retail floor plan--Approval--License granted only to retailer--Location of devices.

42-7B-19    Approval or disapproval of license.

42-7B-19.1    Denial of application--Reapplication.

42-7B-19.2    Investigation of license applicant--Failure to allow.

42-7B-20    Holding license by certain persons prohibited.

42-7B-21    Application fee and form.

42-7B-22    Licenses--Fees--Renewal--Violation as felony.

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-23    Annual license stamp fee--Transfer of license stamp.

42-7B-24    License revocable--Not transferable.

42-7B-25    Qualifications for license as operator, gaming property owner, retailer, or provider.

42-7B-25.1    Internal control procedure for particular licensee may be established.

42-7B-26    Repealed by SL 2012, ch 207, § 1.

42-7B-27    Employee support license--Qualifications.

42-7B-28    Gaming tax.

42-7B-28.1    Additional tax on gaming proceeds.

42-7B-28.2    Calculation of adjusted gross proceeds.

42-7B-29    Return and remittance--Forms furnished by secretary.

42-7B-30    Violations of taxation provisions punishable as felony or misdemeanor.

42-7B-31    Failure to file--Penalties.

42-7B-32    Suspension or revocation of license--Grounds--Reprimand or monetary penalty.

42-7B-33    Person involved as manufacturer, distributor, operator, retailer, gaming property owner, provider, key employee, or support licensee--Qualifications.

42-7B-34    42-7B-34. Repealed by SL 1993, ch 321, § 8

42-7B-35    Age of participants--Violation as misdemeanor.

42-7B-36    Minimum payback value of credit.

42-7B-37    Exemption from federal law.

42-7B-38    Shipments of devices and machines deemed legal.

42-7B-39    Shipping records required to be maintained--Report by recipient--Transport out of state--Violation as felony.

42-7B-39.1    Shipping records delivered to commission.

42-7B-39.2    Destruction of seized slot machine.

42-7B-40    Licensed employee twenty-one years or older required on premises.

42-7B-41    False statement or records--Failure to keep books and records--Violations as felony.

42-7B-42    Unlawful acts by participants--Felony.

42-7B-42.1    42-7B-42.1. Repealed by SL 1995, ch 245, § 15

42-7B-43    Slot machines and wagering equipment--Security and audit specifications.

42-7B-44    Expenditure of public funds for purchase of certain machines--Proceeds--Placement.

42-7B-45    Extension of credit prohibited--Violation as felony.

42-7B-46    Historic restoration and preservation fund created.

42-7B-47    Gaming exempt from certain statutes.

42-7B-48    South Dakota Gaming Commission fund established--Disbursements.

42-7B-48.1    Distribution of funds following payment to City of Deadwood.

42-7B-48.2    General state aid to school districts reduced by payments from Gaming Commission fund.

42-7B-48.3    Gaming addiction treatment and counseling program grants from Gaming Commission fund.

42-7B-49    Acceptance and expenditure of funds by commission.

42-7B-50    Payment of expenditures.

42-7B-51    42-7B-51. Repealed by SL 1990, ch 343, § 28

42-7B-52    Taxes and fees to support identified entities.

42-7B-53    Statement of public policy--Equipment not subject to certain exclusive agreements.

42-7B-54    Anticipatory revenue bonds.

42-7B-55    Certain gambling statutes not applicable.

42-7B-56    Appointment of commission employee as law enforcement officer.

42-7B-57    Commission use of unmarked vehicles.

42-7B-58    Records--Confidentiality--Exception for official purposes and tax purposes.

42-7B-59    Certain communications between commission and secretary privileged and confidential.

42-7B-60    Exclusion or ejection of certain persons from gaming establishments necessary.

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-62    Notice to excluded person.

42-7B-63    42-7B-63. Repealed by special referendum election held September 14, 1993

42-7B-64    "Gaming contract" defined.

42-7B-65    Copy of any process or pleading to the commission.

42-7B-66    Copies of all proposed gaming contracts to the executive secretary.

42-7B-67    Notification by licensee of involvement in gaming operations out of state or on any Indian reservation.

42-7B-68    Fees for publication and reports.

42-7B-69    Manufacture of gaming devices or equipment for exportation.

42-7B-70    Provision applicable to manufacture of gaming devices and equipment for exportation.

42-7B-71    Provision of interlink communications service to slot machines--Not applicable in Deadwood.

42-7B-72    Lien for tax, penalty or interest due--Notice of tax lien filed with register of deeds--Priority.

42-7B-73    Distress warrant--Seizure and sale of personal property.

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-75    Cancellation or revocation of voluntarily surrendered license.

42-7B-76    Sports wagering receipts maintained separately.

42-7B-77    Advance deposit sports wagering--Account requirements.

42-7B-78    Advance deposit sports wagering--Establishing account--Duty to retain application--Application considered record.

42-7B-79    Advance deposit sports wagering restrictions--Required equipment.

42-7B-80    Investigation conducted by sport's governing body.

42-7B-81    Licensee's duty to report criminal or disciplinary proceeding--Commission may share information.

42-7B-82    Betting prohibited on certain events.

42-7B-83    Certain persons prohibited from betting.

CHAPTER 42-8

WATERCRAFT

42-8-1    Safety and uniformity as policy of state.

42-8-1.1    42-8-1.1. Transferred to § 32-3A-1

42-8-1.2    Governor authorized to prohibit or restrict use of certain waterways.

42-8-1.3    Notice of restriction or prohibition.

42-8-1.4    Violation of prohibition or restriction as misdemeanor.

42-8-2    Definition of terms.

42-8-2.1    "Underway" defined.

42-8-3    42-8-3. Transferred to § 32-3A-3

42-8-4    42-8-4. Repealed by SL 1984, ch 273, § 14; SL 1984, ch 279, § 3

42-8-5    42-8-5 to 42-8-7. Transferred to §§ 32-3A-4 to 32-3A-6

42-8-8    42-8-8. Repealed by SL 1991, ch 357, § 1

42-8-8.1    42-8-8.1 to 42-8-8.4. Transferred to §§ 32-3A-7 to 32-3A-10

42-8-9    42-8-9. Repealed by SL 1984, ch 273, § 15

42-8-10    42-8-10. Transferred to § 32-3A-11

42-8-11    42-8-11. Repealed by SL 1984, ch 279, § 8

42-8-12    42-8-12. Repealed by SL 1998, ch 74, § 10

42-8-13    42-8-13, 42-8-14. Repealed by SL 1993, ch 322, §§ 10, 11

42-8-15    42-8-15, 42-8-16. Transferred to §§ 32-3A-12, 32-3A-13

42-8-17    42-8-17. Repealed by SL 1984, ch 279, § 14

42-8-18    42-8-18 to 42-8-19. Transferred to §§ 32-3A-14 to 32-3A-16

42-8-20    42-8-20. Repealed by SL 1979, ch 280, § 5

42-8-21    42-8-21. Transferred to § 32-3A-17

42-8-22    42-8-22. Repealed by SL 1984, ch 273, § 18; SL 1984, ch 279, § 16

42-8-23    42-8-23. Transferred to § 32-3A-18

42-8-24    42-8-24 to 42-8-30.1. Repealed by SL 1989, ch 375, §§ 2 to 9

42-8-31    42-8-31. Repealed by SL 1972, ch 231, § 5

42-8-32    42-8-32 to 42-8-38. Repealed by SL 1984, ch 273, §§ 19 to 25

42-8-39    Waste treatment requirements for kitchen and toilet facilities--Violation as misdemeanor.

42-8-40    42-8-40. Repealed by SL 1984, ch 273, § 26

42-8-41    Boats--Required equipment--Penalty.

42-8-42    Muffler required--Use of cutouts prohibited--Racing boats excepted.

42-8-43    42-8-43. Repealed by SL 1984, ch 273, § 29

42-8-44    42-8-44. Repealed by SL 1984, ch 273, § 30; SL 1984, ch 279, § 19

42-8-44.1    Allowable area of operation of diver in underwater activity--Display and design of diver-down flag--Violation as misdemeanor.

42-8-44.2    Operation of boat or other surface activity in diver's allowable area prohibited--Violation as misdemeanor.

42-8-44.3    42-8-44.3. Repealed by SL 1991, ch 186, § 46

42-8-45    Operation of boat under influence of alcohol or drugs as misdemeanor.

42-8-45.1    Arrest without a warrant--Probable cause.

42-8-45.2    Submission to breath test upon accident or violation--Chemical test.

42-8-45.3    Lawful use of drug no defense.

42-8-45.4    Amount of alcohol in blood--Presumptions.

42-8-45.5    Competent evidence not limited.

42-8-45.6    Operation of boat on public waters as consent to be tested.

42-8-45.7    Persons authorized to take breath or other bodily substance specimen--Liability.

42-8-45.8    Testing to be done under supervision of arresting officer--Breath test by person possessing permit.

42-8-45.9    Choice of additional testing.

42-8-45.10    Availability of test results.

42-8-45.11    Costs of testing and witness expenses as costs in the action.

42-8-46    Reckless operation of boat as misdemeanor.

42-8-47    42-8-47. Repealed by SL 1977, ch 190, § 630

42-8-48    Waterskiing and surfboarding prohibited during hours of darkness--Violation as misdemeanor.

42-8-49    Two persons required in boat towing skis or aquaplane--Exception for wide angle mirror--Violation as misdemeanor.

42-8-50    Skiing requirements waived for exhibitions and regattas.

42-8-51    Operation to cause collision by skier or surfboarder prohibited--Violation as misdemeanor.

42-8-52    Tampering with or unlawful operation of boat as misdemeanor.

42-8-53    42-8-53. Repealed by SL 1984, ch 273, § 31

42-8-54    Application for permission for regatta, race or exhibition--Conducting unauthorized event as misdemeanor.

42-8-55    42-8-55. Repealed by SL 1984, ch 273, § 32

42-8-56    Operator of boat involved in accident to render assistance to other persons--Violation as misdemeanor.

42-8-57    Operator of boat involved in accident to reveal identification--Violation as misdemeanor.

42-8-58    Notice of accident to be filed with department--Investigation of accidents--Violation as misdemeanor.

42-8-59    42-8-59. Repealed by SL 1983, ch 303, § 7

42-8-60    Records maintained by owners of boats for hire--Preservation and inspection of records--Violation as misdemeanor.

42-8-61    42-8-61. Repealed by SL 2015, ch 210, § 5.

42-8-62    42-8-62. Transferred to § 32-3A-19

42-8-63    Application by political subdivision for special rules applicable therein.

42-8-64    42-8-64, 42-8-65. Repealed by SL 1984, ch 273, §§ 34, 35

42-8-66    Enforcement of chapter by law enforcement officers--Stopping and boarding of boats.

42-8-67    Boundary waters--Concurrent jurisdiction with adjoining states.

42-8-68    Sailboards exempt.

42-8-69    Age requirement for driving certain motorboats--Violation as misdemeanor.

42-8-70    42-8-70. Repealed by SL 1993, ch 322, § 19

42-8-71    42-8-71 to 42-8-74. Transferred to §§ 32-3A-20 to 32-3A-23

42-8-75    42-8-75. Repealed by SL 1993, ch 322, § 36

42-8-76    42-8-76 to 42-8-101. Transferred to §§ 32-3A-24 to 32-3A-49

42-8-102    Personal watercraft--Rules of operation--Age requirement--Violation as misdemeanor.

42-8-103    Summons issued for violation punishable as Class 2 misdemeanor--Release upon promise to appear in court or bond--Violation as misdemeanor.