S.D. Codified Laws § 42-7B-3 — SD Code / Title 42 / Chapter 7B / Section 42-7B-3
Regulation by commission
Status: in_force

Gaming within the city limits of the city of Deadwood shall be regulated by the South Dakota Commission on Gaming.

Source: SL 1989, ch 374, § 2; SL 1993, ch 320, § 2 rejected by referendum held September 14, 1993; SL 2015, ch 218, § 2.
S.D. Codified Laws § 42-7B-8 — SD Code / Title 42 / Chapter 7B / Section 42-7B-8
Regular and special meetings--Quorum--Cost of special meeting requested by person other than chair, two members, or Governor
Status: in_force

The commission may hold regular and special meetings at such times and places as it may deem convenient, but at least one regular meeting shall be held quarterly. A majority of the appointed members constitutes a quorum of the commission, and a special meeting may be called by the chair, by any two members, or the Governor. If a special meeting is called pursuant to the request of any other person, the actual costs of the special meeting including personnel costs incurred in making arrangements for the special meeting, preparation and mailing of notices of the special meeting, compensation and allowable expense reimbursement for commission members as established by § 42-7B-10 , costs of the telecommunications systems, and rental of meeting space used for the special meeting, or a charge of one thousand dollars, whichever is greater, shall be made and assessed against the person who requested the special meeting.

Source: SL 1989, ch 374, § 7; SL 2009, ch 216, § 1.
S.D. Codified Laws § 42-7B-80 — SD Code / Title 42 / Chapter 7B / Section 42-7B-80
Investigation conducted by sport's governing body
Status: in_force

With the approval of the commission, a licensee shall provide or facilitate providing betting information and audio or video files relating to sports wagering and otherwise cooperate with an investigation conducted by a sport's governing body. A licensee shall not share any information that will interfere with an ongoing criminal investigation.

Source: SL 2021, ch 189, § 19.
S.D. Codified Laws § 42-7B-44 — SD Code / Title 42 / Chapter 7B / Section 42-7B-44
Expenditure of public funds for purchase of certain machines--Proceeds--Placement
Status: in_force

The City of Deadwood may expend public funds for the purchase of five-cent or less slot machines and may own or lease no more than fifty five-cent or less slot machines to be placed within the city. The machines shall be licensed and stamped by the commission; however, no license stamp fee applies to these machines. The net proceeds generated by the operation of these machines minus lease or purchase payments shall be deposited in the South Dakota commission fund. The City of Deadwood may contract for these machines and these machines may only be placed in a retail licensed business.

Source: SL 1989, ch 374, § 39; SL 1990, ch 343, § 22; SL 2009, ch 218, § 1.
S.D. Codified Laws § 42-7A-52 — SD Code / Title 42 / Chapter 7A / Section 42-7A-52
Debt setoff from prize due--Notice of right to appeal--Time limitation--Transfer of setoff amount to agency
Status: in_force

The executive director shall match the information submitted by the agency with persons who are entitled to a lottery prize payment in an amount in excess of one hundred dollars. If there is a match, the executive director shall set off the amount of the debt from the prize due and notify the person of the person's right to appeal to the appropriate court or to request a review by the agency pursuant to agency rule. The person shall make a request or appeal within thirty days after the setoff. If the setoff accounts for only a portion of the prize due, the remainder of the prize shall be paid to the person. The executive director shall promptly transfer the setoff amount to the agency.

Source: SL 1989, ch 371, § 4.
S.D. Codified Laws § 42-7B-69 — SD Code / Title 42 / Chapter 7B / Section 42-7B-69
Manufacture of gaming devices or equipment for exportation
Status: in_force

Any slot machine manufacturer who is licensed pursuant to this chapter may manufacture gaming devices or equipment for exportation outside this state subject to rules promulgated by the commission pursuant to chapter 1-26 .

Source: SL 1993, ch 321, § 15.
S.D. Codified Laws § 42-7B-50 — SD Code / Title 42 / Chapter 7B / Section 42-7B-50
Payment of expenditures
Status: in_force

Expenditures authorized by this chapter and chapter 42-7 shall be paid on warrants drawn by the state auditor on vouchers approved by the executive secretary of the South Dakota Gaming Commission.

Source: SL 1989, ch 374, § 43C; SL 1991, ch 349, § 40.
S.D. Codified Laws § 42-8-103 — SD Code / Title 42 / Chapter 8 / 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
Status: in_force

If any resident of the state is arrested for a violation of any provision of this chapter or chapter 32-3A , punishable as a Class 2 misdemeanor, the arresting officer shall obtain the name and address of the person and information relative to the violation and issue the person a summons in writing to appear in court. The officer shall release the resident from custody upon receiving from the person a written promise to appear at the time and place designated by the officer.

If any nonresident is arrested for a violation of any provision of this chapter or chapter 32-3A , punishable as a Class 2 misdemeanor, the arresting officer shall obtain the name and address of the person and information relative to the violation. The arresting officer may issue the person a summons in writing to appear in court or may require the nonresident to furnish a bond in the amount set forth on the fine and bond schedule provided by the presiding circuit court judge, or in an amount set by a magistrate or judge for that offense, before being released from custody. If the officer issues the nonresident a summons in writing to appear in court the officer shall release the nonresident from custody upon receiving from the person a written promise to appear at the time and place designated by the officer.

Any person who intentionally violates the written promise to appear, given in accordance with the provisions of this section, is guilty of a Class 2 misdemeanor.

Source: SL 2006, ch 223, § 1.
S.D. Codified Laws § 42-7B-79 — SD Code / Title 42 / Chapter 7B / Section 42-7B-79
Advance deposit sports wagering restrictions--Required equipment
Status: in_force

Any sports wagering may only be conducted on the premises of a licensed gaming establishment as approved by the commission within the city of Deadwood. Each operator or route operator that is authorized by the commission to conduct sports wagering shall install and maintain equipment that is approved by the commission to ensure that all bets are placed on the premises of a licensed gaming establishment as approved by the commission within the city of Deadwood.

Source: SL 2021, ch 189, § 18.
S.D. Codified Laws § 42-12-12 — SD Code / Title 42 / Chapter 12 / Section 42-12-12
Competitions and exhibitions to conform to local ordinances
Status: in_force

Boxing, kickboxing, or mixed martial arts competitions or sparring exhibitions held in any city in this state shall be held in conformity to the ordinances of that city, in addition to the requirements of this chapter. No boxing, kickboxing, or mixed martial arts competition or sparring exhibition may be held in a city where such contests or exhibitions are prohibited by ordinance.

Source: SL 2013, ch 221, § 5.
S.D. Codified Laws § 42-7A-57 — SD Code / Title 42 / Chapter 7A / Section 42-7A-57
Approval or disapproval of license applications
Status: in_force

The executive director may approve or disapprove any application for license, as provided in § 42-7A-41 , depending upon whether the executive director deems the applicant a suitable person to hold the license and whether the executive director considers the proposed location suitable. Failure of the applicant to provide information necessary to allow investigation into his background, is also grounds for denial of the license.

Source: SL 1993, ch 317, § 3.
S.D. Codified Laws § 42-7-73 — SD Code / Title 42 / Chapter 7 / Section 42-7-73
Bonus paid to breeder of winner of South Dakota-bred race--Registration of qualifying horses
Status: in_force

A sum equal to five percent of the first money of every purse won by a "South Dakota - bred" horse shall be paid by the licensee conducting the horse racing meeting to the breeder of such animal. The commission shall by rule provide for the definition and registration of all "South Dakota - bred" horses.

Source: SDC 1939, § 53.0508 as enacted by SL 1963, ch 296, § 5; SDCL, § 42-7-31; SL 1978, ch 302, § 34; SL 1991, ch 349, § 23.
S.D. Codified Laws § 42-7A-50.1 — SD Code / Title 42 / Chapter 7A / Section 42-7A-50.1
Prize winner personal information--Consent to make public
Status: in_force

The personal information of a lottery prize winner may only be used in advertising or promotion with the written consent of the winner. If the South Dakota Lottery obtains written consent from the winner, the lottery may only use the information to which the winner consented. This section does not apply to the personal information of any winner of a promotional drawing offered by the lottery.

Terms used in this section mean:

(1) "Personal information," the prize winner's name, address, gender, age, and photograph; and

(2) "Promotional drawing," a second-chance drawing or a public contest or other giveaway that does not require payment to participate.

Source: SL 2024, ch 175, § 1.
S.D. Codified Laws § 42-7A-38 — SD Code / Title 42 / Chapter 7A / Section 42-7A-38
Limit on amount played and awards given
Status: in_force

A video lottery machine may not allow more than two dollars to be played on a game or award free games or credits in excess of one thousand dollars per bet. The payback value of one credit shall be at least eighty percent of the value of the credit.

Source: SL 1989, ch 368, § 17; SL 2013, ch 219, § 7.
S.D. Codified Laws § 42-8-45.5 — SD Code / Title 42 / Chapter 8 / Section 42-8-45.5
Competent evidence not limited
Status: in_force

The provisions of § 42-8-45.4 do not limit the introduction of any other competent evidence bearing upon the question whether or not the defendant was under the influence of an alcoholic beverage.

Source: SL 1992, ch 306, § 7; SL 2012, ch 208, § 5.
S.D. Codified Laws § 42-7B-7 — SD Code / Title 42 / Chapter 7B / Section 42-7B-7
Promulgation of rules--Enforcement of chapter
Status: in_force

The commission may promulgate rules, pursuant to chapter 1-26 , for the orderly transaction and conduct of its business and the substantive rules that it may determine proper concerning:

(1) The issuance, revocation, and suspension of gaming licensees;

(2) The division of limited card games, slot machines, craps, roulette, keno, or devices used to accept or redeem bets, that may be placed in any building or retail business;

(3) The conduct and operation of gaming;

(4) Variations of limited card games, craps, or roulette; and

(5) Any other things necessary to carry out the purposes of this chapter.

The commission may also promulgate rules necessary to administer complaints received from the public and conduct such other investigations and inspections into the conduct of the games and the licensees and the maintenance of the equipment as the commission deems necessary and proper. License issuance, suspension, and revocation are contested cases within the meaning of chapter 1-26 . The commission's rules may provide procedures for summary suspension of any license issued under this chapter and shall provide for subsequent contested case hearings before suspensions become final or a license is revoked. The commission may apply for injunctive or declaratory relief to enforce the provisions of this chapter and any rules promulgated thereunder. Action by the commission may not limit the authority of the state's attorney or attorney general from enforcing criminal actions.

Source: SL 1989, ch 374, § 6; SL 2015, ch 218, § 4; SL 2016, ch 212, § 2; SL 2021, ch 189, § 4.
S.D. Codified Laws § 42-7A-15 — SD Code / Title 42 / Chapter 7A / Section 42-7A-15
Partnership as lottery retailer or video lottery machine operator
Status: in_force

For a partnership to be selected as a lottery retailer or video lottery machine operator, the partnership shall meet the requirements of subdivisions 42-7A-13(3) and (4), and each partner thereof shall meet the requirements of subdivisions 42-7A-13(1) and (2) and subdivisions 42-7A-14(1) to (5), inclusive.

Source: SL 1987, ch 313, § 15; SL 1989, ch 368, § 7.
S.D. Codified Laws § 42-7B-36 — SD Code / Title 42 / Chapter 7B / Section 42-7B-36
Minimum payback value of credit
Status: in_force

The minimum payback value of one credit played on a slot machine shall be at least eighty percent of the value of the credit.

Source: SL 1989, ch 374, § 31; SL 1995, ch 245, § 10.
S.D. Codified Laws § 42-7A-24.2 — SD Code / Title 42 / Chapter 7A / Section 42-7A-24.2
Payment of expenditures
Status: in_force

Expenditures authorized by this chapter from the lottery operating fund shall be paid on warrants drawn by the state auditor on vouchers approved by the executive director of the state lottery.

Source: SL 1987, ch 313, § 27; SL 2013, ch 219, § 6.
S.D. Codified Laws § 42-7B-77 — SD Code / Title 42 / Chapter 7B / Section 42-7B-77
Advance deposit sports wagering--Account requirements
Status: in_force

Each operator or route operator that is authorized to conduct advance deposit sports wagering shall maintain an account at a state or federally chartered financial institution to hold patron deposits and payments made by the operator or route operator to the patrons for winning bets. This account shall not be used by the operator or route operator for any other purpose. This account is subject to review and audit by the commission at any time.

Source: SL 2021, ch 189, § 16.
S.D. Codified Laws § 42-7-96 — SD Code / Title 42 / Chapter 7 / Section 42-7-96
Suspensions and fines by racing judges or stewards--Notice and hearing--Appeals--Reference to commission
Status: in_force

The commission shall promulgate rules permitting a panel of three racing judges or stewards to impose suspensions not to exceed four horse racing days or twelve dog racing days and any intervening calendar days and a fine not to exceed five hundred dollars on persons violating this chapter or the rules of the commission after notice and hearing pursuant to chapter 1-26 .

An appeal from the order of the racing judges or stewards shall be made to the commission only and not to the circuit court and shall operate as a stay of all proceedings under such order until the commission renders its decision which shall be final agency action.

If the racing judges or stewards find that a penalty which exceeds their limits to impose should be rendered, they may not impose any penalty and shall forward their findings and conclusions and recommendations to the commission for final agency action.

If a matter is not appealed to the commission by the person upon whom a penalty was imposed by the stewards or judges within seven days of the date of service of the judges' or stewards' order, the decision and penalty of the judges or stewards shall be final in that the appeal time to the commission has lapsed.

Source: SL 1977, ch 337, § 1; SDCL Supp, § 42-7-35.1; SL 1978, ch 302, § 41; SL 1985, ch 330, § 4.
S.D. Codified Laws § 42-7B-20 — SD Code / Title 42 / Chapter 7B / Section 42-7B-20
Holding license by certain persons prohibited
Status: in_force

No officer, agent, or employee of the commission may hold a license under this chapter. No officer, agent, or employee of the law enforcement departments of Lawrence County, the City of Deadwood, or the State of South Dakota may hold a license under this chapter. This prohibition applies to the commission and all of its employees and all law enforcement officials and officers. No licensee may employ any person in any capacity directly related to the licensee's gaming activities while that person is in the employment of a law enforcement agency or the commission.

Source: SL 1989, ch 374, § 18.
S.D. Codified Laws § 42-10-2 — SD Code / Title 42 / Chapter 10 / Section 42-10-2
Liability insurance requirement
Status: in_force

No person may own, operate, or lease an amusement ride or an amusement device of a permanent nature in this state unless the person purchases insurance in an amount not less than one million dollars per occurrence and one million dollars in the aggregate against liability for injury or death to persons arising out of the use of the amusement ride. Any owner, operator, or lessee of an amusement ride who fails to purchase liability insurance is guilty of a Class 1 misdemeanor. A certificate of insurance shall be furnished by the owner, operator, or lessee to the sponsoring persons, organization, or governing board of the local unit of government before the amusement ride or amusement device of a permanent nature is operated.

Source: SL 1985, ch 334, § 2; SL 2014, ch 208, § 2.
S.D. Codified Laws § 42-8-2 — SD Code / Title 42 / Chapter 8 / Section 42-8-2
Definition of terms
Status: in_force

Terms used in this chapter mean:

(1) "Boat," every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water;

(1A) "Boat dealer," any person or business who in the ordinary course of business sells new large boats or any person or business who in the ordinary course of business sells five or more used large boats in a year;

(2) "Commission," the Game, Fish and Parks Commission of this state acting directly or through its authorized officers;

(2A) "Department," the Department of Revenue;

(2B) "Large boat," any boat over twelve feet in length or a motorboat, used or capable of being used as a means of transportation on water, except canoes, inflatable boats, kayaks, sailboards, and seaplanes;

(3) "Motorboat," any boat propelled by machinery, whether or not such machinery is the principal source of propulsion, but does not include a boat which has a valid marine document issued by the commissioner of customs of the United States government or any federal agency successor thereto;

(3A) "Notation," a physical or electronic process of recording a lien on a certificate of title, a manufacturer's statement of origin, or a manufacturer's certificate of origin.

(4) "Operate," to navigate or otherwise use a boat;

(5) "Owner," a person, other than a lien holder, having the property in or title to a boat. The term includes a person entitled to the use or possession of a boat subject to an interest in another person reserved or created by agreement and securing payment or performance of an obligation, but the term excludes a lessee under a lease not intended as security;

(5A) "Personal watercraft," any motorboat that has an inboard or outboard motor powering a water jet pump or caged propeller as its primary source of motive power and is designed to be operated by a person standing on, kneeling on, sitting astride, or being towed behind the watercraft, and has the probability that the operator and passengers may in the normal course of use, fall overboard;

(6) "Racing boat," any boat designed and manufactured exclusively for racing;

(7) "Sailboard," any single-hulled boat equipped with an articulating mast and designed to be operated by a person standing on the board, maneuvering through the trim of the hand-held sail and distributing his body weight on the board; and

(8) "Waters of this state," any public waters within the territorial limits of this state and all waters which form a common boundary between this state and Minnesota, North Dakota, Montana, Wyoming, Iowa, or Nebraska.

Source: SL 1959, ch 125, § 2; SDC Supp 1960, § 25.1402; SL 1981, ch 306, § 1; SL 1984, ch 279, § 1; SL 1993, ch 322, § 3; SL 1993, ch 323, § 1; SL 1994, ch 335, § 1; SL 1998, ch 171, § 5; SL 2003, ch 272 (Ex. Ord. 03-1), § 82; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011.
S.D. Codified Laws § 42-7A-28 — SD Code / Title 42 / Chapter 7A / 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
Status: in_force

Any person contracting or seeking to contract with the state to supply materials, tickets, or consulting services for use in the lottery or from a lottery retailer, person licensed, or an applicant for a contract or license under this chapter may not offer, pay, give, or make any economic opportunity, gift, loan, gratuity, special discount, favor, hospitality, or service having an aggregate value of one hundred dollars or more in any calendar year to a member of the commission or employee of the South Dakota Lottery, or to any person residing in the same household of either of the aforementioned. A knowing violation of this section is a Class 1 misdemeanor.

Source: SL 1987, ch 313, § 32; SL 1989, ch 368, § 14; SL 1991, ch 186, § 35.
S.D. Codified Laws § 42-8-66 — SD Code / Title 42 / Chapter 8 / Section 42-8-66
Enforcement of chapter by law enforcement officers--Stopping and boarding of boats
Status: in_force

Any law enforcement officer of this state and its subdivisions may enforce the provisions of this chapter and in the exercise thereof shall have the authority to stop and board any boat subject to this chapter.

Source: SL 1959, ch 125, § 16; SDC Supp 1960, § 25.1416; SL 1994, ch 335, § 29.
S.D. Codified Laws § 42-7B-5 — SD Code / Title 42 / Chapter 7B / Section 42-7B-5
Disposition of proceeds
Status: in_force

The entire net municipal proceeds of gaming shall be devoted to the historic restoration and preservation of the city of Deadwood as provided in this chapter. The term, historic restoration and preservation, shall be interpreted liberally in scope and effect.

Source: SL 1989, ch 374, § 4; SL 2021, ch 189, § 3.
S.D. Codified Laws § 42-8-56 — SD Code / Title 42 / Chapter 8 / Section 42-8-56
Operator of boat involved in accident to render assistance to other persons--Violation as misdemeanor
Status: in_force

The operator of a boat involved in a collision, accident, or other casualty, so far as the operator can do so without serious danger to the operator's own boat, crew, and passengers, shall render to other persons affected by the collision, accident, or other casualty such assistance as may be practicable and as may be necessary in order to save them from or minimize any danger caused by the collision, accident, or other casualty. A violation of this section is a Class 2 misdemeanor.

Source: SL 1959, ch 125, § 10; SDC Supp 1960, § 25.1410 (1); SL 1991, ch 186, § 50; SL 1994, ch 335, § 23.
S.D. Codified Laws § 42-7-79.1 — SD Code / Title 42 / Chapter 7 / Section 42-7-79.1
Additional deduction from some pools on dog races--Distribution
Status: in_force

In addition to the deductions authorized by § 42-7-79 , the dog racing licensees shall deduct from the total sum contributed on dog races, except contributions on dog races in the win, place, and show pool, an additional three and three - quarters percent on the dollars contributed. The licensee will retain one - quarter of one percent for capital improvements on all amounts contributed and an additional three and one - half percent shall be retained by the licensee for discretionary use. The special racing revolving fund shall be in the Office of the State Treasurer to be disbursed by the commission to increase purses or for operations, or upon request, funds may be granted to a political subdivision of the state for unusual or unique law enforcement expenses incidental to having a race track or off - track site in that political subdivision. Funds in the South Dakota - bred racing fund and the special racing revolving fund shall be disbursed by the commission on warrants drawn by the state auditor on vouchers approved by the commission and such funds shall be disbursed without authority of appropriation acts.

Source: SL 1981, ch 305, § 2; SL 1985, ch 332, § 1; SL 1987, ch 312, § 1; SL 1989, ch 367, § 5; SL 1990, ch 340, § 2; SL 1991, ch 349, § 25.
S.D. Codified Laws § 42-7B-9.1 — SD Code / Title 42 / Chapter 7B / Section 42-7B-9.1
Executive secretary's access to files and records
Status: in_force

The executive secretary may have access both physically and electronically to all files and records required to be maintained under chapters 23-5 and 23-6 and may contribute to those records.

Source: SL 1990, ch 343, § 2.
S.D. Codified Laws § 42-8-50 — SD Code / Title 42 / Chapter 8 / Section 42-8-50
Skiing requirements waived for exhibitions and regattas
Status: in_force

The provisions of §§ 42-8-48 and 42-8-49 do not apply to a performer engaged in a professional exhibition or a person or persons engaged in an activity authorized under § 42-8-54 .

Source: SL 1959, ch 125, § 12; SDC Supp 1960, § 25.1412 (3).
S.D. Codified Laws § 42-12-24 — SD Code / Title 42 / Chapter 12 / Section 42-12-24
Penalties for violation of chapter
Status: in_force

Any person, club, corporation, association, or entity that has violated any provision of this chapter or any rule promulgated pursuant to this chapter is subject to the following penalties:

(1) Administrative fine:

(a) Boxer, kickboxer, or martial artist: any person registered by the commission who violates any provision of this chapter or rules promulgated pursuant to this chapter is liable for an administrative fine not to exceed five hundred dollars for each offense;

(b) Manager, promoter, or matchmaker: any person, club, corporation, association, or entity licensed by the commission which violates any provision of this chapter or rules promulgated pursuant to this chapter is liable for an administrative fine not to exceed two thousand dollars for each offense;

(c) Competition or sparring exhibition: any person, club, corporation, association, or entity responsible for facilitating, producing, staging, arranging, or profiting from a competition or sparring exhibition registered by the commission that violates any provision of this chapter or rules promulgated pursuant to this chapter is liable for an administrative fine not to exceed two thousand five hundred dollars for each offense.

An administrative fine not paid within sixty days from the date of the order imposing the fine may be enforced by an action in the appropriate county circuit court. Any person, club, corporation, association, or entity aggrieved by an order under this subdivision may make an appeal pursuant to chapter 1-26 ;

(2) Injunction: if the commission deems it necessary for the public safety or the safety of competitors or participants in a competition or sparring exhibition, the commission may bring an action in the name of the state in the circuit court in any county in which jurisdiction is proper to enjoin the act, practice, or violation and to enforce compliance with this chapter or any rule promulgated pursuant to this chapter. Upon showing that a person, club, corporation, association, or entity has engaged in an otherwise unauthorized act or practice, a permanent or temporary injunction, or restraining order, or other appropriate relief shall be obtained against the person, club, corporation, association, or entity to prohibit the continuation of the unauthorized act or practice;

(3) Cease and desist order: the commission may issue and have served upon a person, club, corporation, association, or entity an order requiring the person, club, corporation, association, or entity to cease and desist from any unauthorized practice or act which is in violation of this chapter or any rule promulgated pursuant to this chapter. The cease and desist order shall give reasonable notice of the rights to request a hearing pursuant to chapter 1-26 and shall state the reasons for the entry of the order.

Source: SL 2014, ch 209, § 18.
S.D. Codified Laws § 42-7B-41 — SD Code / Title 42 / Chapter 7B / Section 42-7B-41
False statement or records--Failure to keep books and records--Violations as felony
Status: in_force

Any person who knowingly makes a false statement in any application for a license or in any statement attached to the application, fails to keep books and records to substantiate the receipts, expenses, or uses resulting from gaming conducted under this chapter as prescribed in rules promulgated by the commission, or who falsifies any books or records so as the books or records relate to any transaction connected with the holding, operating, and conducting of any gaming is guilty of a Class 6 felony.

Source: SL 1989, ch 374, § 36; SL 1993, ch 321, § 10; SL 1995, ch 245, § 13; SL 2021, ch 189, § 11.
S.D. Codified Laws § 42-7-47 — SD Code / Title 42 / Chapter 7 / Section 42-7-47
State policy in exercise of police powers
Status: in_force

It is the policy of the State of South Dakota to utilize its police powers to provide forceful and honest state - wide regulation of racing in order to foster honest and fair racing practices, to ensure that all funds contributed are properly distributed and to provide for the health and safety of persons and animals lawfully on the premises of licensed racing facilities.

Source: SL 1978, ch 302, § 1.
S.D. Codified Laws § 42-7-107 — SD Code / Title 42 / Chapter 7 / Section 42-7-107
Online horse and dog racing--Required licensure--Applicable taxation
Status: in_force

Only a person licensed as a multi-jurisdictional totalizator hub in this state may operate an online betting platform or electronic application to offer online pari-mutuel wagering on a horse or dog race.

A person with a physical presence in this state operating an online betting platform or electronic application to offer online pari-mutuel wagering on a horse or dog race is subject to the tax imposed pursuant to § 42-7-102 on multi-jurisdictional totalizator hubs.

A person without a physical presence in this state operating an online betting platform or electronic application to offer online pari-mutuel wagering on a horse or dog race is subject to the tax imposed pursuant to § 42-7-102 on multi-jurisdictional totalizator hubs, except that the tax rate applies to the total contributed through the hub by individuals in this state on online pari-mutuel wagering pools for horse or dog races.

Source: SL 2026, ch 173, § 3.
S.D. Codified Laws § 42-7-58.1 — SD Code / Title 42 / Chapter 7 / Section 42-7-58.1
Satellite facilities of horse or dog track licensees
Status: in_force

The commission may allow licensees approved by the commission to collect and disburse money under the certificate system at locations other than where licensed races are conducted if the satellite locations are more than fifty miles away from any pari - mutuel horse track or dog track licensed by the commission which is conducting a race meet at that time or if the pari - mutuel horse or dog track agrees to the operation of such a location within the fifty mile radius. The special racing fund shall receive one and one - half percent of the total amount contributed from the satellite location, and the special racing revolving fund in the Office of the State Treasurer and the South Dakota bred racing fund shall each receive one and one - half percent of the total amount contributed, with the remaining amount of the contribution withheld at the satellite location to be retained by the licensees. No other deductions may be made from the amount withheld by the licensee at the satellite location. Satellite facilities may receive contributions between the hours of 9:00 a.m. and 1:00 a.m.

Source: SL 1985, ch 331, § 1; SL 1987, ch 309; SL 1989, ch 367, § 1; SL 1991, ch 349, § 12; SL 1994, ch 328, § 1; SL 1995, ch 240, § 1; SL 2000, ch 212, § 2.
S.D. Codified Laws § 42-12-9.1 — SD Code / Title 42 / Chapter 12 / Section 42-12-9.1
Powers and duties of commission
Status: in_force

The commission shall:

(1) Issue licenses and registrations to any association, club, corporation, individual or other person that meets the qualifications for licensure or registration as a boxer, kickboxer, mixed martial artist, manager, matchmaker, promoter, official, or second;

(2) Have available the names of associations, clubs, corporations, individuals, and other persons registered or licensed pursuant to the provisions of this chapter;

(3) Have available to the public the date, time, and location of any competition or sparring exhibition registered pursuant to the provisions of this chapter;

(4) Employ personnel in accordance with the needs and budget of the commission;

(5) Enter into contracts, as necessary to carry out the commission's responsibilities pursuant to this chapter;

(6) Communicate disciplinary actions and registration and license status of boxers, kickboxers, mixed martial artists, managers, matchmakers, promoters, officials, and seconds to the relevant state and federal governing bodies, as required;

(7) Perform other duties directly related to this chapter;

(8) Maintain and verify the results of bouts in competitions and sparring exhibitions; and

(9) Report the results of bouts in competitions and sparring exhibitions to the relevant state and federal governing bodies as required.

Source: SL 2014, ch 209, § 26; SL 2026, ch 175, § 3.
S.D. Codified Laws § 42-8-57 — SD Code / Title 42 / Chapter 8 / Section 42-8-57
Operator of boat involved in accident to reveal identification--Violation as misdemeanor
Status: in_force

The operator of a boat involved in a collision, accident, or other casualty, shall give the operator's name, address and identification of the operator's boat in writing to any person injured and to the owner of any property damaged in the collision, accident, or other casualty. A violation of this section is a Class 2 misdemeanor.

Source: SL 1959, ch 125, § 10; SDC Supp 1960, § 25.1410 (1); SL 1991, ch 186, § 51; SL 1994, ch 335, § 24.
S.D. Codified Laws § 42-8-45.9 — SD Code / Title 42 / Chapter 8 / Section 42-8-45.9
Choice of additional testing
Status: in_force

Any person tested pursuant to this chapter may have a physician, laboratory technician, registered nurse, physician's assistant, or medical technologist of the person's own choosing administer the chemical analysis in addition to the one administered at the direction of the law enforcement officer.

Source: SL 1992, ch 306, § 11; SL 2012, ch 208, § 7.
S.D. Codified Laws § 42-7-105 — SD Code / Title 42 / Chapter 7 / Section 42-7-105
Tax of wagers in interstate combined wagering pool
Status: in_force

Taxes or commissions imposed on pari - mutuel wagering may not be imposed on any amounts wagered in an interstate combined wagering pool other than amounts wagered within this state.

Source: SL 1991, ch 350, § 5.
S.D. Codified Laws § 42-7B-75 — SD Code / Title 42 / Chapter 7B / Section 42-7B-75
Cancellation or revocation of voluntarily surrendered license
Status: in_force

Any license granted pursuant to the provisions of this chapter which is voluntarily surrendered by the licensee may be cancelled or revoked without a hearing unless the licensee files a written request for a hearing within thirty days after receiving written notice of the revocation or cancellation from the commission.

Source: SL 2015, ch 220, § 3.
S.D. Codified Laws § 42-7B-83 — SD Code / Title 42 / Chapter 7B / Section 42-7B-83
Certain persons prohibited from betting
Status: in_force

A licensee may not knowingly accept a bet on a sporting event from any of the following persons:

(1) Any athlete who is participating in the sporting event or who is a member of any team participating in the sporting event on which the bet is placed;

(2) Any person who holds a position of authority or influence sufficient to exert influence over the outcome of the sporting event on which the bet is placed, including a coach, a manager, an athletic trainer, a referee, an umpire, a judge, and any sporting event official;

(3) An employee of a sports wagering services provider;

(4) An agent or proxy for any person for the purposes of placing or redeeming the bet; or

(5) Any person who uses false identification when placing or redeeming a bet.

A violation of this section by the person who places the bet is a Class 6 felony. A violation of this section by a licensee is a Class 6 felony and may form the basis for disciplinary action against the license of any individual licensee involved in the transaction and operator of the facility at which the bet was accepted.

Source: SL 2021, ch 189, § 22.
S.D. Codified Laws § 42-2-4 — SD Code / Title 42 / Chapter 2 / Section 42-2-4
Acceptance of gifts--Employment of personnel
Status: in_force

Any public corporation or board operating a recreational system pursuant to this chapter may accept gifts or bequests for the benefit of such recreational service and may employ supervisors and directors of recreational work.

Source: SDC 1939, § 53.0304.
S.D. Codified Laws § 42-7A-24.1 — SD Code / Title 42 / Chapter 7A / Section 42-7A-24.1
Acceptance and expenditure of funds obtained from federal sources, gifts, contributions and other sources
Status: in_force

The lottery commission may accept and expend for the purpose of this chapter any funds obtained from federal sources, gifts, contributions, or any other source if such acceptance and expenditure is approved in accordance with § 4-8B-10 .

Source: SL 1987, ch 313, § 26.
S.D. Codified Laws § 42-7A-2 — SD Code / Title 42 / Chapter 7A / Section 42-7A-2
South Dakota Lottery established--Administration by executive director--Overall control and operation of games
Status: in_force

There is hereby established in the Department of Revenue a division to be called the South Dakota Lottery under the direction of the South Dakota Lottery Commission. Under the supervision of the commission, an executive director shall administer the state lottery as provided in this chapter. In all decisions, the executive director and commission shall take into account the particularly sensitive nature of the lottery, and shall act to promote and ensure the integrity, security, honesty, and fairness of its operation and administration. The overall management of the state lottery and control over the operation of its games shall rest solely with the South Dakota Lottery.

Source: SL 1987, ch 313, § 2; SL 1993, ch 317, § 2; SL 2003, ch 272 (Ex. Ord. 03-1), § 115; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011.
S.D. Codified Laws § 42-7-97.1 — SD Code / Title 42 / Chapter 7 / Section 42-7-97.1
Suspensions or revocations exceeding racing season
Status: in_force

If a suspension or revocation of racing privileges is levied by the commission or by a panel of three racing judges or stewards the horse racing days or dog racing days that the license is suspended for or revoked for shall be served in the next racing season if there are not sufficient horse racing days or dog racing days in the season when the penalty is carried out.

Source: SL 1985, ch 330, § 6; SL 1991, ch 349, § 32.
S.D. Codified Laws § 42-8-60 — SD Code / Title 42 / Chapter 8 / Section 42-8-60
Records maintained by owners of boats for hire--Preservation and inspection of records--Violation as misdemeanor
Status: in_force

The owner of a boat or boats for hire shall keep a record of the name and address of the person or persons hiring any boat; the identification number thereof; number of persons assigned to said boat; the departure date and time, and the expected time of return. The record shall be preserved for at least six months. Such records are subject to inspection at any time by any law enforcement officer. A violation of this section is a Class 2 misdemeanor.

Source: SL 1959, ch 125, § 7; SDC Supp 1960, § 25.1407 (1); SL 1991, ch 186, § 53; SL 1994, ch 335, § 26.
S.D. Codified Laws § 42-7-59 — SD Code / Title 42 / Chapter 7 / Section 42-7-59
Filing of application for racing license or provision of simulcast signal--Contents
Status: in_force

The application for a license to hold or conduct a racing meeting or to provide a simulcast signal to a satellite facility shall be signed under oath and filed with the commission on or before a day prescribed in this chapter. The application shall state:

(1) The full name and address of the applicant. If the applicant for a license is a corporation, the names of all officers, directors, or stockholders of the corporation or any of its holding corporations shall be disclosed individually to the commission. The commission may require disclosure of any person or group of persons holding directly, indirectly, or beneficially an interest of any nature whatsoever in the corporation or any of its holding corporations, whether financial, administrative, policy - making, or supervising;

(2) The location of its racetrack or other facilities and whether the racetrack or other facilities are owned or leased. If leased, state the names and addresses of the lessors;

(3) A statement of the assets and liabilities of such applicant;

(4) A description of the qualifications and experience of the applicant, if an individual, or of its officers and directors, if a corporation, in the conduct of racing establishments in the five years preceding the filing of such application;

(5) The time, place, and number of days such racing meet is proposed to be conducted or such satellite facilities are proposed to be in operation;

(6) The type of racing to be conducted or simulcast;

(7) Such other information as the commission may require.

Any expenses incurred by the commission in regard to the investigation of an applicant shall be paid by the applicant.

Source: SDC 1939, § 53.0506; SL 1949, ch 213; SL 1961, ch 265, § 2; SL 1963, ch 296, § 3; SDCL, § 42-7-10; SL 1969, ch 201; SL 1978, ch 302, § 14; SL 1985, ch 331, § 3; SL 1990, ch 339, § 3; SL 1991, ch 349, § 13; SL 2000, ch 212, § 3.
S.D. Codified Laws § 42-8-58.1 — SD Code / Title 42 / Chapter 8 / Section 42-8-58.1
Watercraft hit and run resulting in death or injury--Penalty
Status: in_force

Any operator of a boat involved in an accident resulting in injury or death to any person, who fails to immediately stop the boat at the scene of the accident and comply with the provisions of §§ 42-8-56 through 42-8-58 , inclusive, is guilty of a Class 6 felony.

Source: SL 2025, ch 92, § 3.
S.D. Codified Laws § 42-7B-13 — SD Code / Title 42 / Chapter 7B / Section 42-7B-13
Powers of attorney general pursuant to chapter
Status: in_force

The attorney general may exercise any authority of inspection and examination allowed in this chapter and may apply to the circuit court for enforcement of any provision of this chapter or rule promulgated pursuant to this chapter.

Source: SL 1989, ch 374, § 11.
S.D. Codified Laws § 42-7A-1 — SD Code / Title 42 / Chapter 7A / Section 42-7A-1
Definitions
Status: in_force

Terms used in this chapter mean:

(1) "Associated equipment," any proprietary device, machine, or part used in the manufacture or maintenance of a video lottery machine, including integrated circuit chips, printed wired assembly, printed wired boards, printing mechanisms, video display monitors, and metering devices;

(2) "Commission," the South Dakota Lottery Commission;

(3) "Credit," one, five, ten, or twenty-five cents;

(4) "Executive director," the executive director of the South Dakota Lottery;

(5) "Instant lottery," a game that offers preprinted tickets that indicate immediately or in a grand prize drawing whether the player has won a prize;

(6) "Licensed establishment," a bar or lounge owned or managed by an individual, partnership, corporation, or association licensed to sell alcoholic beverages for consumption upon the premises where sold;

(7) "Lottery" or "state lottery," any lottery operated pursuant to this chapter;

(8) "Lottery retailer," any person with whom the South Dakota Lottery has contracted to sell lottery tickets to the public;

(9) "Lottery vendor" or "vendor," any person who has entered into a major procurement contract with the South Dakota Lottery;

(10) "Major procurement," any contract with any vendor directly involved in providing facilities, equipment, tickets, and services unique to the lottery, but not including materials, supplies, equipment, and services common to the ordinary operations of state agencies;

(11) "Net machine income," money put into a video lottery machine minus credits paid out in cash;

(12) "On-line lottery," a game linked to a central computer via a telecommunications network in which the player selects a specified group of numbers or symbols out of a predetermined range of numbers or symbols as approved by the commission;

(13) "South Dakota Lottery," the state agency created by this chapter to operate a lottery pursuant to this chapter;

(14) "Ticket," any tangible evidence issued or authorized by the South Dakota Lottery to prove participation in an instant, on-line, or video lottery game;

(14A) "Video lottery," any video game of chance played on video lottery machines;

(15) "Video lottery machine distributor," any individual, entity, partnership, corporation, or association that distributes or sells video lottery machines or associated equipment in this state;

(16) "Video lottery machine manufacturer," any individual, entity, partnership, corporation, or association that assembles or produces video lottery machines or associated equipment for sale or use in this state;

(17) "Video lottery machine operator," any individual, entity, partnership, corporation, or association that places video lottery machines or associated equipment for public use in this state; and

(18) "Video lottery machines," or "machine," any electronic video game machine authorized by the commission that, upon insertion of cash or ticket voucher, is available to play or simulate the play of a video game, including video poker, keno, and blackjack, utilizing a video display and microprocessors in which, by chance, the player may receive free games or credits that can be redeemed for cash. The term does not include a machine that directly dispenses coins, cash, or tokens.

Source: SL 1987, ch 313, § 1; SL 1989, ch 368, § 1; SL 1990, ch 341, § 1; SL 1991, ch 351, § 1; SL 1992, ch 304, § 1; SL 1995, ch 242; SL 2013, ch 219, § 1; SL 2022, ch 161, § 1.
S.D. Codified Laws § 42-7B-43 — SD Code / Title 42 / Chapter 7B / Section 42-7B-43
Slot machines and wagering equipment--Security and audit specifications
Status: in_force

All slot machines, associated equipment, and devices or equipment to conduct sports wagering, allowed under this chapter, shall have the security and audit specifications established in rules adopted by the commission.

Source: SL 1989, ch 374, § 38; SL 1990, ch 343, § 21; SL 2018, ch 256, § 3; SL 2021, ch 189, § 12.
S.D. Codified Laws § 42-7-48 — SD Code / Title 42 / Chapter 7 / Section 42-7-48
Definition of terms
Status: in_force

Terms as used in this chapter mean:

(1) "Commission," the South Dakota Commission on Gaming;

(2) "Dog racing day," a period of twenty - four hours, beginning at midnight, during which period of time a license has been granted by the commission to an association to conduct a contest between dogs for purse, stakes, premium, wager for money or entrance fees on a course;

(3) "Executive secretary," the executive secretary of the South Dakota Commission on Gaming;

(4) "Horse racing day," a period of twenty - four hours, beginning at midnight, during which period of time a license has been granted by the commission to an association to conduct a contest between horses for purse, stakes, premium, wager for money or entrance fees on a course;

(5) "Host facility," the racetrack at which the race is run, or the facility which is designated as the host facility if the race is run in a jurisdiction which is not participating in the interstate combined wagering pool;

(6) "Host jurisdiction," the jurisdiction in which the host facility is located;

(7) "Interstate combined wagering pool," a pari - mutuel pool established in one jurisdiction which is combined with comparable pari - mutuel pools from one or more racing jurisdictions if such pool is established for the purpose of establishing pay - off prices in the various jurisdictions;

(8) "Racing," horse and dog racing under the certificate system; and

(9) "Racing jurisdiction," a governmental jurisdiction responsible for the regulation of pari - mutuel racing in that jurisdiction.

Source: SL 1978, ch 302, § 2; SL 1985, ch 330, § 1; SL 1990, ch 339, § 1; SL 1991, ch 349, § 1; SL 1991, ch 350, § 1; SL 2004, ch 271, § 1.
S.D. Codified Laws § 42-7A-51 — SD Code / Title 42 / Chapter 7A / Section 42-7A-51
Lottery setoff program established--Computerized file of persons owing state
Status: in_force

The commission shall establish a liability setoff program by which lottery prize payments may be used to satisfy debts owed or collected through state agencies. Any participating state agency shall, on a monthly basis, provide the executive director a computerized file of persons owing a debt to or collected through that state agency which contains the following information: the first name, last name, middle initial, social security number, and the amount of the debt.

Source: SL 1989, ch 371, § 3.
S.D. Codified Laws § 42-7A-18 — SD Code / Title 42 / Chapter 7A / Section 42-7A-18
Meetings--Quorum
Status: in_force

The commission shall meet at least once a quarter and such additional meetings as the chair deems desirable. Special meetings may be called by the chair upon the written request of the executive director or any three members of the commission. All meetings shall be held at a place and time fixed by the chair. A majority of the duly appointed members of the commission constitutes a quorum to transact business.

Source: SL 1987, ch 313, § 18; SL 1996, ch 256.
S.D. Codified Laws § 42-7B-39 — SD Code / Title 42 / Chapter 7B / Section 42-7B-39
Shipping records required to be maintained--Report by recipient--Transport out of state--Violation as felony
Status: in_force

Any slot machine manufacturer or distributor shipping a slot machine into the State of South Dakota shall maintain for a period of at least five years from the time of shipment, the following records: a copy of the shipping invoice including at least the destination and the serial number of each machine and a description of each machine. Any person within the State of South Dakota receiving a slot machine shall maintain for a period of at least five years from the time of receipt the following records: information showing at least the location of each machine, its serial number, and description. This report shall be completed and maintained regardless of whether the machine is received from a manufacturer or any other person. Any machine licensed pursuant to this chapter shall be licensed for a specific location and movement of the machine from that location shall be reported to the commission within twenty - four hours. If the machine is to be transported out of the State of South Dakota, the movement of the machine shall be recorded and maintained by the licensee for not less than five years from the time of movement. Possession of an unapproved device is a Class 6 felony. Any slot machine not in compliance with this chapter is declared contraband and may be summarily seized and destroyed after notice and hearing.

Source: SL 1989, ch 374, § 34; SL 1993, ch 321, § 9; SL 1997, ch 245, § 1.
S.D. Codified Laws § 42-8-45.7 — SD Code / Title 42 / Chapter 8 / Section 42-8-45.7
Persons authorized to take breath or other bodily substance specimen--Liability
Status: in_force

Only a physician, laboratory technician, registered nurse, physician's assistant, phlebotomist, expanded role licensed practical nurse, medical technician, or medical technologist may withdraw blood for the purpose of determining the alcoholic content of the blood. This limitation does not apply to the taking of a breath or other bodily substance specimen. Such authorized persons, acting on the presumption of consent in § 42-8-45.6 , and any hospital or facility employing such persons, are not liable and may not be held to pay damages to the party from whom the blood sample is withdrawn, if the withdrawal is administered with usual and ordinary care. No person authorized to withdraw blood under this section may be required or forced to withdraw blood for the purposes provided in this chapter, unless required pursuant to a written agreement.

Source: SL 1992, ch 306, § 9; SL 2012, ch 208, § 9.
S.D. Codified Laws § 42-7B-31 — SD Code / Title 42 / Chapter 7B / Section 42-7B-31
Failure to file--Penalties
Status: in_force

Any person required to file returns or reports under this chapter, who fails to file a return or report which includes all taxable transactions within fifteen days following the date the return or report is due is subject to an additional amount, assessed as a penalty, equal to fifteen percent of the tax or ten dollars whichever is greater. However, for reasonable cause shown, the executive secretary may reduce or eliminate such penalty. Any person subject to tax under this chapter who fails to pay the tax within the time prescribed is subject to an interest charge of two percent per month or part thereof for which the payment is late or five dollars whichever is greater. Penalty and interest are considered the same as tax for the purposes of collection and enforcement including liens, distress warrants and criminal violations. Any payment received for taxes, penalty, or interest is applied first to tax, beginning with the oldest delinquency, then to interest and then to penalty. The executive secretary may, upon application of the taxpayer, establish a maximum interest rate of thirty - six percent upon delinquent taxes if the executive secretary determines that the delinquent payment was caused by a mistake of law and was not caused by an intent to evade the tax.

Source: SL 1989, ch 374, § 26C; SL 1990, ch 343, § 18A.
S.D. Codified Laws § 42-7-64 — SD Code / Title 42 / Chapter 7 / 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
Status: in_force

Each license issued under the certificate system shall describe the place and track or race course at which the licensee may hold such meetings. The authority conferred in any one license shall be limited to the calendar year for which it is issued. Every license shall specify the number of days the licensed meet shall continue, the hours during which racing is to be conducted and the number of races to be held per day. Races authorized under this chapter may be held only between the hours of 9:00 a.m. and 12:00 midnight. For the purpose of simulcasting or satellite facilities, a race meeting is considered to be the period of time a licensee starts its simulcast racing until it ends its simulcast racing. The commission shall issue a license on the basis of a calendar year.

Source: SDC 1939, §§ 53.0503, 53.0506; SL 1949, ch 213; SL 1961, ch 265, §§ 1, 2; SL 1963, ch 296, §§ 2, 3; SDCL, § 42-7-17; SL 1969, ch 201; SL 1970, ch 246; SL 1978, ch 302, § 17; SL 1989, ch 367, § 2; SL 1995, ch 240, § 3.
S.D. Codified Laws § 42-7B-35 — SD Code / Title 42 / Chapter 7B / Section 42-7B-35
Age of participants--Violation as misdemeanor
Status: in_force

Any participant in any gaming shall be twenty-one years or older. No licensee may permit any person who is less than twenty-one years of age to participate in any gaming. A violation of this section by a participant is a Class 1 misdemeanor and a violation by a licensee is a Class 1 misdemeanor and may form the basis for revocation of a retail license.

Source: SL 1989, ch 374, § 30; SL 1990, ch 343, § 31; SL 2015, ch 218, § 10.
S.D. Codified Laws § 42-7B-60 — SD Code / Title 42 / Chapter 7B / Section 42-7B-60
Exclusion or ejection of certain persons from gaming establishments necessary
Status: in_force

The Legislature hereby declares that the exclusion or ejection of certain persons from licensed gaming establishments is necessary to carry out the policies of this chapter and to maintain effectively the strict regulation of licensed gaming.

Source: SL 1990, ch 343, § 24.
S.D. Codified Laws § 42-7B-49 — SD Code / Title 42 / Chapter 7B / Section 42-7B-49
Acceptance and expenditure of funds by commission
Status: in_force

The South Dakota Gaming Commission may accept and expend for the purpose of this chapter and chapter 42-7 , in addition to the amount in SL 1989, ch 374, § 43A, any funds obtained from federal sources, gifts, contributions, or any other source if such acceptance and expenditure is approved in accordance with § 4-8B-10 .

Source: SL 1989, ch 374, § 43B; SL 1991, ch 349, § 39.
S.D. Codified Laws § 42-7B-22.1 — SD Code / Title 42 / Chapter 7B / 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
Status: in_force

If it is the judgment of the commission that the public interest will be served by requiring a key employee to be licensed, the commission shall serve notice of the determination upon the licensee who employs the key employee. The commission is not restricted by the title of the job performed by the key employee but may consider the functions and responsibility of the key employee in making its decision. Grounds for requiring licensing of a key employee include:

(1) Whether the key employee is new to the gaming industry, to the particular gaming establishment, the position, or the level of influence or responsibility which he has, and whether the commission has insufficient or outdated information concerning his character, background, reputation, or association; or

(2) Whether information has been received by the commission or the executive secretary which, if true, would constitute grounds for a finding of unsuitability.

The licensee shall, within thirty days following receipt of the notice of the commission's determination, present the application for licensing of the key employee to the commission or provide documentary evidence that the key employee is no longer employed by the licensee. Failure of the licensee to respond as required by this section is grounds for disciplinary action.

A person subject to application for licensing as a key employee as required by this section may request the commission, in writing, to review its determination of that individual's status within the gaming organization. If the commission determines that the person is not a key employee or that the public interest does not require his licensing as a key employee, he shall be allowed to withdraw his application and continue in his employment. The request of the key employee applicant for review of his status does not stay the obligation of the licensee to present the key employee's application within the thirty - day period prescribed by this section. The provisions of chapter 1-26 do not apply to this section.

Source: SL 1990, ch 343, § 29.
S.D. Codified Laws § 42-10-3 — SD Code / Title 42 / Chapter 10 / Section 42-10-3
Local government inspection
Status: in_force

Nothing in this chapter prohibits any municipality or county from conducting independent inspections of amusement rides pursuant to their police powers.

Source: SL 1991, ch 352, § 17.
S.D. Codified Laws § 42-7-58.5 — SD Code / Title 42 / Chapter 7 / Section 42-7-58.5
Simulcast wagering in compliance with federal laws
Status: in_force

In addition to all state laws and applicable rules of the commission, simulcast wagering and interstate combined wagering pools must comply with 15 U.S.C §§ 3001 to 3007, inclusive (January 1, 2026).

Source: SL 1987, ch 310, § 4; SL 1991, ch 350, § 7; SL 2026, ch 173, § 1.
S.D. Codified Laws § 42-7-60 — SD Code / Title 42 / Chapter 7 / Section 42-7-60
Bond required of applicant for license--Waiver--Revocation or suspension of license on nonpayment of fees or taxes
Status: in_force

Every person applying for a license under §§ 42-7-58 , 42-7-58.1 , and 42-7-56(16) shall give bond payable to the State of South Dakota with good security to be approved by the commission. The bond shall be the amount which the commission determines is adequate to protect the amount normally due and owing to the commission in a sixty-day period or, in the case of new or altered conditions, based on the projected revenues and to guarantee proper payout of wagers.

The commission may waive the bond. In such event, the amount of taxes and fees due and owing the state shall be a lien on the license to operate. The lack of timely payment shall be cause for revocation or suspension of the license to operate.

Source: SDC 1939, § 53.0504; SDCL, § 42-7-11; SL 1978, ch 302, § 16; SL 1991, ch 349, § 14; SL 2000, ch 212, § 4; SL 2005, ch 229, § 3.
S.D. Codified Laws § 42-7-91 — SD Code / Title 42 / Chapter 7 / Section 42-7-91
Grounds for refusal, suspension, or withdrawal of license
Status: in_force

The commission may refuse, suspend, or withdraw licenses under the certificate system and privileges granted by it or terminate license privileges for just cause. Those things constituting just cause are:

(1) Any action or attempted action by a person contrary to the provisions of this chapter and law;

(2) Corrupt practices, which include but are not limited to:

(a) Prearranging or attempting to prearrange the order of finish of a race;

(b) Failing to properly pay the winnings to a bettor or to properly return change to a bettor upon purchasing a ticket;

(c) Falsifying or manipulating the odds on any entrant in a race;

(3) Any violation of the rules of racing adopted by the commission;

(4) Falsification or misstatement of fact in an application for any license issued pursuant to this chapter;

(5) Material false statement to a racing official or to the commission;

(6) Willful disobedience of a commission order or of a lawful order of a racing official other than a commissioner;

(7) Continued failure or inability to meet financial obligations connected with the licensee's business, occupation or profession performed or engaged on the track grounds;

(8) Failure or inability to maintain properly a race track;

(9) The refusal to license, or the suspension, or the revocation of a racing license by another racing jurisdiction.

Source: SL 1978, ch 302, § 15; SL 1990, ch 339, § 5; SL 1991, ch 349, § 27; SL 2005, ch 229, § 8.
S.D. Codified Laws § 42-7B-25.1 — SD Code / Title 42 / Chapter 7B / Section 42-7B-25.1
Internal control procedure for particular licensee may be established
Status: in_force

The commission may establish an internal control procedure limited to a particular licensee including accounting procedures, reporting procedures, and personnel policies.

Source: SL 1990, ch 343, § 9.
S.D. Codified Laws § 42-11-5 — SD Code / Title 42 / Chapter 11 / Section 42-11-5
Warning signs--Placement--Size
Status: in_force

Each equine professional shall post and maintain the following sign:

Under South Dakota law, an equine professional is not liable for an injury to or the death of a participant in equine activities resulting from the inherent risks of equine activities, pursuant to § 42-11-2 .

Such signs shall be placed in a clearly visible location on or near stables, corrals, race tracks, or arenas where the equine professional conducts equine activities. The warning notice shall appear on the sign in black letters, with each letter being a minimum of one inch in height. Each written contract entered into by an equine professional for the providing of professional services, instruction, or the rental of equipment or tack or an equine to a participant, whether or not the contract involves equine activities on or off the location or site of the equine professional's business, shall contain in clearly readable print the warning notice provided in this chapter.

Source: SL 1993, ch 324, § 5.
S.D. Codified Laws § 42-12-8 — SD Code / Title 42 / Chapter 12 / Section 42-12-8
South Dakota Athletic Commission created
Status: in_force

There is hereby created, within the jurisdiction of the Department of Labor and Regulation, the South Dakota Athletic Commission consisting of five members appointed by the Governor. Not all members may be of the same political party. One member shall have experience with, or have been active in boxing, kickboxing, or mixed martial arts. One member shall represent the public at large.

Source: SL 2013, ch 221, § 1; SL 2014, ch 209, § 1.
S.D. Codified Laws § 42-7B-53 — SD Code / Title 42 / Chapter 7B / Section 42-7B-53
Statement of public policy--Equipment not subject to certain exclusive agreements
Status: in_force

It is the public policy of this state that gaming equipment authorized and approved by the commission may not be subject to any exclusive agreements entered prior to March 15, 1989.

Source: SL 1989, ch 374, § 43F.
S.D. Codified Laws § 42-7B-23 — SD Code / Title 42 / Chapter 7B / Section 42-7B-23
Annual license stamp fee--Transfer of license stamp
Status: in_force

There is imposed a nonrefundable license stamp fee upon each gaming device located on a licensed premises. The annual fee for this stamp is two thousand dollars. The license stamp expires July first of each year. All license stamp fees shall be paid directly to the commission on forms adopted by the commission. The commission may approve the transfer of a license stamp to another gaming device or to another operator without requiring the payment of an additional fee.

Source: SL 1989, ch 374, § 21; SL 1993, ch 321, § 5.
S.D. Codified Laws § 42-12-9 — SD Code / Title 42 / Chapter 12 / Section 42-12-9
Commission authority--Compliance
Status: in_force

The commission is vested with the sole direction, control, and jurisdiction over all contests and exhibitions of boxing, kickboxing, and mixed martial arts competitions and sparring exhibitions held in this state. The commission shall regulate competitions and sparring exhibitions for the purposes of compliance with applicable federal laws and regulations, event fairness, fair competition, and safety of the participants and the public. No competition or sparring exhibition may be conducted within this state, except in accordance with this chapter or any rule promulgated pursuant to this chapter.

Source: SL 2013, ch 221, § 2; SL 2026, ch 175, § 2.
S.D. Codified Laws § 42-7B-37 — SD Code / Title 42 / Chapter 7B / Section 42-7B-37
Exemption from federal law
Status: in_force

Pursuant to section 2 of an act of Congress of the United States entitled "An Act to prohibit transportation of gambling devices in interstate and foreign commerce," approved January 2, 1951, designated 15 U.S.C. §§ 1171 to 1177, inclusive, and in effect January 1, 1989, the State of South Dakota acting by and through its elected and qualified members of its Legislature, does hereby, and in accordance with and in compliance with the provisions of section 2 of the act of Congress, declare and proclaim that it is exempt from the provisions of section 2 of that act of Congress of the United States as above mentioned, as regards gaming devices legally operated, used, repaired, stored, or transported within the state.

Source: SL 1989, ch 374, § 32; SL 1996, ch 258, § 1.
S.D. Codified Laws § 42-12-8.5 — SD Code / Title 42 / Chapter 12 / Section 42-12-8.5
Immunity from personal liability
Status: in_force

The commission, its members, and its agents are immune from personal liability for actions taken in good faith in the discharge of the commission's duties, and the state shall hold the commission, its members, and its agents harmless from all costs, damages, and attorney fees arising from claims and suits against them with respect to matters to which such immunity applies. The attorney general shall represent and appear for them in any action or proceeding brought by or against the commission, its members, and its agents because of such acts.

Source: SL 2014, ch 209, § 6.
S.D. Codified Laws § 42-2-2 — SD Code / Title 42 / Chapter 2 / Section 42-2-2
System operated independently, cooperatively, or by recreation board
Status: in_force

Any such county, municipality, or school district may operate a system of public recreation and playgrounds independently or in cooperation with any other such public corporation or corporations, or may delegate the operation of such system to a recreation board created by several such public corporations.

Source: SDC 1939, § 53.0302.
S.D. Codified Laws § 42-7-102 — SD Code / Title 42 / Chapter 7 / Section 42-7-102
Interstate combined wagering pool--Take-out of host jurisdiction or facility--Percentage to state
Status: in_force

Notwithstanding any other provision of this chapter, the commission may authorize any licensee to participate in an interstate combined wagering pool with one or more other racing jurisdictions. If a licensee participates in an interstate combined wagering pool, the licensee may adopt the take-out of the host jurisdiction or facility.

The State of South Dakota receives one and one-half percent of the total contributed in this state, and the special racing revolving fund and the South Dakota-bred racing fund must each receive one and one-half percent of the total contributed in this state. Subject to the provisions of § 42-7-107 , if the licensee participating in the interstate combined wagering pool is a multi-jurisdictional totalizator hub, the total portion to be received by the state is one-fourth of one percent of the total contributed through the hub, of which the special racing revolving fund receives one-fifth of one percent of the total contributed through the hub and the South Dakota-bred racing fund receives one-twentieth of one percent of the total contributed through the hub. Any interstate combined wagering pool may only apply to horse and dog racing authorized by this chapter.

Source: SL 1991, ch 350, § 2; SL 1995, ch 241; SL 2005, ch 229, § 9; SL 2026, ch 173, § 2.
S.D. Codified Laws § 42-8-45.8 — SD Code / Title 42 / Chapter 8 / Section 42-8-45.8
Testing to be done under supervision of arresting officer--Breath test by person possessing permit
Status: in_force

To be considered valid under the provisions of this chapter, the withdrawal or chemical analysis shall be performed at the direction of a law enforcement officer having lawfully arrested the person for violation of § 42-8-45 and the chemical test analysis of the person's breath, if one is performed, shall have been performed according to methods approved by the director of laboratories and by an individual possessing a valid permit issued by the director of laboratories for this purpose. The director of laboratories may approve satisfactory techniques or methods to ascertain the qualifications and competence of individuals to conduct such analysis and issue permits which are subject to termination or revocation at the discretion of the director of laboratories.

Source: SL 1992, ch 306, § 10.
S.D. Codified Laws § 42-7A-40 — SD Code / Title 42 / Chapter 7A / Section 42-7A-40
Examination of video lottery machines--Costs paid by manufacturer--Contract for examination
Status: in_force

The South Dakota Lottery shall examine prototypes of video lottery machines and associated equipment of manufacturers seeking a license as required in this chapter. The South Dakota Lottery may require the manufacturer seeking the examination and approval of a video lottery machine or associated equipment to pay the anticipated actual costs of the examination in advance and, after the completion of the examination, shall refund overpayments or charge and collect amounts sufficient to reimburse the South Dakota Lottery. The South Dakota Lottery may contract for the examination of video lottery machines and associated equipment as required by this section.

Source: SL 1989, ch 368, § 19; SL 2013, ch 219, § 8.
S.D. Codified Laws § 42-7A-34 — SD Code / Title 42 / Chapter 7A / 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
Status: in_force

The prize to be paid or awarded for each winning ticket shall be paid to the person who is adjudged by the executive director to be the holder of such winning ticket. However, the prize of a deceased winner shall be paid to the duly appointed representative of the estate of such winner or to any other person claiming the prize pursuant to the provisions of chapter 30-11A . The right of a person to a prize drawn or awarded is not assignable. All prizes awarded shall be taxed as South Dakota source income and are subject to federal income tax laws and regulations. Unclaimed prize money shall be retained for a period deemed appropriate by the executive director and if no claim is made within such period, then such unclaimed prize money shall be added to the prize pools of subsequent lottery games. The State of South Dakota, members of the commission and employees of the South Dakota Lottery are discharged of all further liability upon payment of a prize pursuant to this section.

Source: SL 1987, ch 313, § 38; SL 1989, ch 371, § 1; SL 1990, ch 341, § 7.
S.D. Codified Laws § 42-8-45.10 — SD Code / Title 42 / Chapter 8 / Section 42-8-45.10
Availability of test results
Status: in_force

Upon the request of any person who was tested pursuant to this chapter or upon the request of the person's attorney, the results of such analysis shall be made available to the person or to the person's attorney.

Source: SL 1992, ch 306, § 12; SL 2012, ch 208, § 8.
S.D. Codified Laws § 42-7B-58 — SD Code / Title 42 / Chapter 7B / Section 42-7B-58
Records--Confidentiality--Exception for official purposes and tax purposes
Status: in_force

Information and records of the Commission on Gaming enumerated by this section are confidential and may not be disclosed except pursuant to a court order. No person may use a subpoena, discovery, or other applicable statutes to obtain such information or records. Information and records considered confidential include:

(1) Tax returns of individual licensees;

(2) Applications, credit, medical, and security reports of applicants for licensees and other persons seeking or doing business with the commission;

(3) Marketing, financial, or sales data the disclosure of which may be harmful to the competitive position of Deadwood gaming, its retailers, licensees, or persons seeking or doing business with the commission;

(4) Audit work papers, worksheets, and auditing procedures used by the commission, its agents, or employees; and

(5) Information gathered pursuant to § 42-7B-9.1 .

This section does not apply to requests for such information or records from the Governor; attorney general; the state's attorney of Lawrence County; officers, employees, or legal representatives of the Department of Revenue for the purpose of and only to the extent necessary in the investigation and audit procedures authorized by Title 10; law enforcement officers of any other municipality or state or federal agency or department for a law enforcement activity if the head of that agency or department requesting such information makes a written request to the executive secretary specifying the particular information requested and specifying the law enforcement activity for which the information is sought; or the use of such information or records by the executive secretary or commission for official purposes.

This section may not be construed to make confidential the aggregate tax collections during any reporting period, the names and businesses of licensees, or figures showing the aggregate amount of money bet during any reporting period.

Source: SL 1990, ch 343, § 5; SL 1992, ch 70, § 3; SL 2003, ch 272 (Ex. Ord. 03-1), § 82; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011.
S.D. Codified Laws § 42-7B-81 — SD Code / Title 42 / Chapter 7B / Section 42-7B-81
Licensee's duty to report criminal or disciplinary proceeding--Commission may share information
Status: in_force

A licensee shall promptly report to the commission any criminal or disciplinary proceeding commenced against the licensee or any of its employees, where applicable, relating to sports wagering.

The commission may report any information received pursuant to this section to a sports team or sport's governing body if sharing the information will not interfere with an ongoing criminal investigation.

Source: SL 2021, ch 189, § 20.
S.D. Codified Laws § 42-7B-82 — SD Code / Title 42 / Chapter 7B / Section 42-7B-82
Betting prohibited on certain events
Status: in_force

A licensee may not accept a bet on any of the following events or contingencies:

(1) A high school sporting event;

(2) A minor league sporting event;

(3) The performance or nonperformance of any individual athlete participating in a single game or match of a collegiate sporting event; or

(4) Any individual game in a collegiate sporting event in which any team or athlete from a university or college in South Dakota is competing.

Source: SL 2021, ch 189, § 21.
S.D. Codified Laws § 42-7A-39 — SD Code / Title 42 / Chapter 7A / Section 42-7A-39
Display of license for video lottery machine--Confiscation--Violation as felony
Status: in_force

Each video lottery machine shall be licensed by the executive director before placement or operation on the premises of a licensed establishment. Each machine shall have the license prominently displayed thereon. Any machine which does not display the license required by this section is contraband and a public nuisance subject to confiscation by any law enforcement officer. A violation of this section is a Class 6 felony.

Source: SL 1989, ch 368, § 18.
S.D. Codified Laws § 42-7-68 — SD Code / Title 42 / Chapter 7 / Section 42-7-68
Allotment of racing days to applicants--Preference to past users--Annual scheduling--Procedure for simulcast or satellite facilities
Status: in_force

If an applicant is eligible to receive a license under the provisions of this chapter, the commission shall fix the racing days allotted to the applicant and issue a license for the holding of such meetings. Any racing association, agriculture, livestock, or fair exposition which has adopted and used regular or approximate regular dates for their events for the past two years shall be allotted those dates if such association or organization requests them.

Written applications for live racing dates for the next calendar year shall be submitted to the commission prior to October thirty - first of the preceding year. Allotment of the live racing dates for the next calendar year shall be made by the commission by December thirty - first of the preceding year.

The commission may grant additional live racing days to any currently licensed racing association upon a written application for additional live racing dates for the current calendar year.

Simulcasting or satellite facilities licensed to operate in this state shall also submit their projected racing dates prior to October thirty - first of the preceding year. However, the dates are subject to revision by the commission or the executive secretary at any time. The commission shall establish, by rules promulgated pursuant to chapter 1-26 , the procedures for revising simulcast or satellite racing dates.

Source: SDC 1939, § 53.0506; SL 1949, ch 213; SL 1961, ch 265, § 2; SL 1963, ch 296, § 3; SDCL, § 42-2-17; SL 1969, ch 201; SL 1970, ch 246; SL 1978, ch 302, § 20; SL 1985, ch 330, § 2; SL 1989, ch 367, § 3; SL 1991, ch 349, § 20.
S.D. Codified Laws § 42-7A-59 — SD Code / Title 42 / Chapter 7A / Section 42-7A-59
False statements in license applications--Perjury
Status: in_force

No person may knowingly make a false statement in any application for a license or in any statement attached to the application. Any person who signs an application for a license issued pursuant to this chapter knowing that any information on such application or in any statement attached to the application is false or untrue, in whole or in part, is guilty of perjury.

Source: SL 1993, ch 317, § 9.
S.D. Codified Laws § 42-12-20 — SD Code / Title 42 / Chapter 12 / Section 42-12-20
Sanctions for violation of chapter
Status: in_force

If the commission determines that a person, club, corporation, association, or entity is in violation of this chapter or any rule promulgated pursuant to this chapter, the commission may take the following actions:

(1) Deny an application for registration or licensure;

(2) Suspend, temporarily suspend, revoke, or refuse to renew a registration or license;

(3) Place on probation, condition, or limit a registration or license;

(4) Require reimbursement of the commission for expenses resulting from suspension, temporary suspension, revocation, refusal to renew, fines, censure, or reprimand resulting from a violation;

(5) Pursue legal actions against a person, club, corporation, association, or entity that is not authorized to act by this chapter;

(6) Impose an administrative fine as provided for by this chapter;

(7) Seek an injunction as provided for by this chapter;

(8) Issue a cease and desist order as provided for by this chapter; or

(9) Other sanctions which the commission finds appropriate.

Source: SL 2014, ch 209, § 14.
S.D. Codified Laws § 42-8-102 — SD Code / Title 42 / Chapter 8 / Section 42-8-102
Personal watercraft--Rules of operation--Age requirement--Violation as misdemeanor
Status: in_force

No person may operate a personal watercraft:

(1) Unless each person aboard is wearing a wearable personal flotation device approved by the United States Coast Guard;

(2) That is equipped by the manufacturer with a lanyard type engine cutoff without attaching such lanyard to the person, clothing, or personal flotation device as appropriate for the specific watercraft;

(3) Between sunset and sunrise unless the personal watercraft is equipped with navigation lights as required by the Department of Game, Fish and Parks by rules promulgated pursuant to chapter 1-26 ;

(4) At greater than a slow-no-wake speed within one hundred fifty feet of any dock, swimmer, swimming raft, or nonmotorized boat. Slow-no-wake is the slowest possible speed necessary to maintain steerage, but in no case greater than five miles per hour;

(5) In other than a reasonable and prudent manner; and

(6) To chase or harass wildlife, or travel through emergent floating vegetation at greater than slow-no-wake speed.

Except in the case of an emergency, no person under the age of fourteen may operate or be permitted to operate a personal watercraft, regardless of horsepower, unless there is a person eighteen years of age or older on board the craft. No owner of a personal watercraft may permit the personal watercraft to be operated by such underage person. The provisions of this section do not apply to a performer engaged in a professional exhibition or a person preparing to participate or participating in an officially-sanctioned regatta, race, marine parade, tournament, or exhibition. A violation of this section is a Class 2 misdemeanor.

Source: SL 1993, ch 323, § 2; SL 1996, ch 259; SL 1997, ch 246, § 3; SL 2015, ch 221, § 1.
S.D. Codified Laws § 42-7B-33 — SD Code / Title 42 / Chapter 7B / Section 42-7B-33
Person involved as manufacturer, distributor, operator, retailer, gaming property owner, provider, key employee, or support licensee--Qualifications
Status: in_force

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, gaming property owner, or sports wagering services provider, 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.

Source: SL 1989, ch 374, § 28; SL 1990, ch 343, § 19; SL 1995, ch 245, § 9; SL 2010, ch 212, § 5; SL 2019, ch 192, § 4; SL 2021, ch 189, § 10.
S.D. Codified Laws § 42-7-58.7 — SD Code / Title 42 / Chapter 7 / Section 42-7-58.7
Consideration of applications for licenses for satellite facilities and multi-jurisdictional totalizator hubs--Restrictions
Status: in_force

Notwithstanding any other provisions of this chapter, the commission may accept and consider applications at any time for operation of satellite facilities and multi-jurisdictional totalizator hubs to be operated under the certificate system and issue a license at any time for the operation of the facilities or hubs, if the facilities or hubs only allow wagering on horse and dog racing authorized by this chapter.

Source: SL 1994, ch 328, § 2; SL 2005, ch 229, § 2.
S.D. Codified Laws § 42-12-8.3 — SD Code / Title 42 / Chapter 12 / Section 42-12-8.3
Officers
Status: in_force

The commission shall select a chair, vice chair, and secretary annually. No member may serve as chair for more than three consecutive years.

Source: SL 2014, ch 209, § 4.
S.D. Codified Laws § 42-7-57 — SD Code / Title 42 / Chapter 7 / Section 42-7-57
License required to hold race meeting or handle money under certificate system--Violation as misdemeanor
Status: in_force

No person may hold any racing meeting or collect or disburse any money under the certificate system without having first obtained and having in full force and effect a license issued by the commission. Any person who violates the provisions of this section is guilty of a Class 1 misdemeanor.

Source: SDC 1939, § 53.9902; SDCL, § 42-7-9; SL 1977, ch 190, § 622; SL 1978, ch 302, § 13; SL 1991, ch 349, § 10; SL 2000, ch 212, § 1.
S.D. Codified Laws § 42-8-68 — SD Code / Title 42 / Chapter 8 / Section 42-8-68
Sailboards exempt
Status: in_force

The provisions of this chapter may not apply to sailboards.

Source: SL 1984, ch 279, § 21.
S.D. Codified Laws § 42-7-90 — SD Code / Title 42 / Chapter 7 / Section 42-7-90
Audit of licensee by auditor-general--Reimbursement of expense
Status: in_force

The auditor - general shall, when requested by the commission, executive board of the Legislative Research Council, or the Governor, conduct audits and investigate the operations of any licensee. The commission shall reimburse the Department of Legislative Audit for all services rendered.

Source: SDC 1939, § 53.0505; SL 1955, ch 229, § 2; SL 1957, ch 273, § 2; SDCL, § 42-7-25; SL 1978, ch 302, § 11; SL 1991, ch 349, § 26.
S.D. Codified Laws § 42-7-65 — SD Code / Title 42 / Chapter 7 / Section 42-7-65
Transfer of license or stock ownership subject to approval--Standards applied
Status: in_force

All transfers of licenses to collect or disburse money under the certificate system or transfers of stock in a corporation holding a license shall be subject to prior review and approval by the commission, and the disclosure requirements as provided in § 42-7-59 . The commission may approve minor transfers of stock without a hearing. The commission shall apply the standards provided in § 42-7-91 in determining whether it shall permit a transfer of stock.

Source: SL 1978, ch 302, § 18; SL 1991, ch 349, § 17; SL 2005, ch 229, § 4.
S.D. Codified Laws § 42-7-61 — SD Code / Title 42 / Chapter 7 / Section 42-7-61
Application for new site submitted to county commissioners--Notice to county auditors--Provision for vote
Status: in_force

An application for a license to conduct the racing of horses or dogs on any new site which has not before July 1, 1967, been utilized for the conduct of racing horses or dogs, shall first be submitted, not less than ninety days prior to the next general election, to the board of county commissioners of the county where the site is to be located. The board of county commissioners shall notify the county auditor of each county which has any portion of its border within fifteen miles of the proposed site. Upon receipt of such notice, the county auditor of each county shall take the necessary action to provide that a vote shall be conducted at the next general election for the purpose of approving or disapproving such proposed site.

Source: SDC 1939, § 53.0506 as added by SL 1967, ch 244; SDCL, § 42-7-12; SL 1969, ch 201; SL 1978, ch 302, § 21.
S.D. Codified Laws § 42-7-101 — SD Code / Title 42 / Chapter 7 / Section 42-7-101
Devices or expedients to increase horse's speed prohibited
Status: in_force

No person may have in his possession an electrical device, mechanical device, or other expedient designed to increase the speed of a horse other than an ordinary whip at anytime on the grounds of a race track licensed by the commission. A violation of this section is a Class 1 misdemeanor. A subsequent violation of this section is a Class 6 felony.

Source: SL 1985, ch 330, § 5; SL 1991, ch 349, § 36.
S.D. Codified Laws § 42-2-1 — SD Code / Title 42 / Chapter 2 / Section 42-2-1
Operation of system authorized--Acquisition and maintenance of land and facilities
Status: in_force

Any county, municipality, or school district may operate a system of public recreation and playgrounds, and for such purpose may acquire, equip, and maintain land, buildings, or other recreational facilities, and expend its funds therefor.

Source: SDC 1939, § 53.0301.
S.D. Codified Laws § 42-8-67 — SD Code / Title 42 / Chapter 8 / Section 42-8-67
Boundary waters--Concurrent jurisdiction with adjoining states
Status: in_force

For the purposes of this chapter, the courts and the conservation officers of this state have jurisdiction over the entire boundary waters of this state to the furthermost shorelines. The concurrent jurisdiction of the courts and administrative officers of the adjoining states of Minnesota, North Dakota, Montana, Wyoming, Iowa and Nebraska over all boundary waters between those states and this state, is hereby recognized.

Source: SL 1981, ch 306, § 2.