reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07B - Limited Card Games, Slot Machines, Craps, Roulette, And Keno › Section 42-7B-61 - List of persons to be excluded--Entrance in violation as misdemeanor--Penalty for failure to exclude or eject persons on list.

42-7B-61. List of persons to be excluded--Entrance in violation as misdemeanor--Penalty for failure to exclude or eject persons on list.
The commission may, by rules promulgated pursuant to chapter 1-26, provide for the establishment of a list of persons who are to be excluded or ejected from any licensed gaming establishment, including any person whose presence in the establishment is determined to pose a threat to the interest of the State of South Dakota or to licensed gaming, or both. In making the determination for exclusion, the commission may consider any of the following:
(1)Prior conviction of a felony, a misdemeanor involving moral turpitude, or a violation of the gaming laws of any state, the United States, any of its possessions or territories including Indian tribes;
(2)A violation, attempt to violate or conspiracy to violate the provisions of this chapter relating to the failure to disclose an interest in a gaming establishment for which the person must obtain a license or make disclosures to the commission; or intentional evasion of fees or taxes;
(3)Notorious or unsavory reputation that would adversely affect public confidence and trust that the gaming industry is free from criminal or corruptive influences; or
(4)Conduct that would adversely affect public confidence that gaming is conducted honestly.
Any person who has been placed on the list of excluded persons by the commission, after July 1, 2014, who enters a licensed gaming establishment after receiving notice as required by §42-7B-62, is guilty of a Class 1 misdemeanor.
The commission may suspend, revoke, or penalize a licensee or licensed gaming establishment as set forth in §42-7B-32, after notice and hearing pursuant to chapter 1-26, if that establishment or any licensee affiliated with the licensed gaming establishment knowingly fails to exclude or eject from the premises of the licensed establishment any person placed on the list of persons to be excluded.
Source:
SL 1990, ch 343, §25; SL 2014, ch 207, §1.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07B - Limited Card Games, Slot Machines, Craps, Roulette, And Keno › Section 42-7B-62 - Notice to excluded person.

42-7B-62. Notice to excluded person.
If the name and description of any person is placed on the exclusion list, the commission shall serve notice of that action upon the person by at least one of the following means:
(1)By personal service;
(2)By certified or registered mail to the last known address of the person; or
(3)By publication in an official newspaper in Lawrence County, South Dakota.
A person place upon the exclusion list may contest that action by filing a written protest with the commission and the protest shall be heard by the commission as a contested case pursuant to chapter 1-26.
Source:
SL 1990, ch 343, §26; SL 1991, ch 24, §17.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07B - Limited Card Games, Slot Machines, Craps, Roulette, And Keno › Section 42-7B-64 - "Gaming contract" defined.

42-7B-64."Gaming contract" defined.
For the purposes of this chapter, a gaming contract is any contract between licensees, and also a contract between a licensee and a nonlicensee which directly or indirectly relates to the employment of licensed personnel, which relates to the acquisition or use of capital assets used by the licensee in the business of gaming, or which relates to the earnings or profits of the licensee from the business of gaming, or any other contract which affects the proprietary or financial interest of the licensee's gaming business or gaming license.
Source:
SL 1993, ch 321, §2.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07B - Limited Card Games, Slot Machines, Craps, Roulette, And Keno › Section 42-7B-65 - Copy of any process or pleading to the commission.

42-7B-65. Copy of any process or pleading to the commission.
A licensee shall deliver a copy of any process or pleading from any jurisdiction in which the licensee is a party to the commission within thirty days of being served by or upon them. This requirement includes any agency or regulatory proceeding in which the licensee is a party.
Source:
SL 1993, ch 321, §11.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07B - Limited Card Games, Slot Machines, Craps, Roulette, And Keno › Section 42-7B-66 - Copies of all proposed gaming contracts to the executive secretary.

42-7B-66. Copies of all proposed gaming contracts to the executive secretary.
A person shall submit copies of all proposed gaming contracts to the executive secretary. The executive secretary or the commission may approve or deny gaming contracts and require changes in the contracts before participation by the licensee is allowed. The executive secretary or the commission may require a licensee to terminate participation in a gaming contract.
Source:
SL 1993, ch 321, §12.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07B - Limited Card Games, Slot Machines, Craps, Roulette, And Keno › Section 42-7B-67 - Notification by licensee of involvement in gaming operations out of state or on any Indian reservation.

42-7B-67. Notification by licensee of involvement in gaming operations out of state or on any Indian reservation.
Any licensee who intends to become involved in gaming operations outside of the State of South Dakota or on any Indian reservation located in whole or in part in the State of South Dakota shall notify the commission in writing of that licensee's intention to engage in such additional gaming operations and gaming business. Notification shall be mailed or delivered to the commission simultaneously with that licensee's application to the foreign state or applicable Indian authority. The executive secretary and the commission may impose all sanctions otherwise authorized by this chapter on any licensee who fails to comply with the provisions of this section.
Source:
SL 1993, ch 321, §13.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07B - Limited Card Games, Slot Machines, Craps, Roulette, And Keno › Section 42-7B-68 - Fees for publication and reports.

42-7B-68. Fees for publication and reports.
The commission may charge a fee for copies of publications and reports provided to the public and for the costs of mailing and distribution at a rate set by the commission.
Source:
SL 1993, ch 321, §14.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07B - Limited Card Games, Slot Machines, Craps, Roulette, And Keno › Section 42-7B-69 - Manufacture of gaming devices or equipment for exportation.

42-7B-69. Manufacture of gaming devices or equipment for exportation.
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.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07B - Limited Card Games, Slot Machines, Craps, Roulette, And Keno › Section 42-7B-70 - Provision applicable to manufacture of gaming devices and equipment for exportation.

42-7B-70. Provision applicable to manufacture of gaming devices and equipment for exportation.
The provisions of §§42-7B-37, 42-7B-38, and 42-7B-39 apply to the manufacture of gaming devices and equipment for exportation outside this state as authorized by the commission.
Source:
SL 1993, ch 321, §17.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07B - Limited Card Games, Slot Machines, Craps, Roulette, And Keno › Section 42-7B-71 - Provision of interlink communications service to slot machines--Not applicable in Deadwood.

42-7B-71. Provision of interlink communications service to slot machines--Not applicable in Deadwood.
A licensed manufacturer or distributor may supply a licensed operator with a communications service to interlink progressive slot machines and related equipment where such gaming is authorized by law, and may provide accounting, collection, and disbursement services relating to the prizes.
This section does not apply to gaming in the City of Deadwood and the provisions of this section are not intended to diminish or expand the authority of the commission to permit or regulate gaming in the City of Deadwood.
Source:
SL 1994, ch 333.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07B - Limited Card Games, Slot Machines, Craps, Roulette, And Keno › Section 42-7B-72 - Lien for tax, penalty or interest due--Notice of tax lien filed with register of deeds--Priority.

42-7B-72. Lien for tax, penalty or interest due--Notice of tax lien filed with register of deeds--Priority.
Any tax, penalty, or interest due under this chapter is a lien in favor of the commission upon all property and rights to property whether real or personal belonging to the taxpayer. In order to preserve the lien against subsequent mortgages, purchasers, or judgment creditors for value and without actual notice of the lien on any property situated in a county, the commission may file with the register of deeds of the county a notice of the tax lien in such form as the commission determines. The priority of the lien shall be determined as of the date the notice of tax lien is received and indexed by the register of deeds. The notice of tax lien shall create a lien in each county where the notice of tax lien is recorded.
Source:
SL 2013, ch 220, §1, eff. Mar. 6, 2013.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07B - Limited Card Games, Slot Machines, Craps, Roulette, And Keno › Section 42-7B-73 - Distress warrant--Seizure and sale of personal property.

42-7B-73. Distress warrant--Seizure and sale of personal property.
After a notice of lien has been filed as provided in §42-7B-72, the commission may at any time require the county treasurer to issue a distress warrant in the manner provided in chapter 10-56. Immediately upon receipt of the warrant, the sheriff shall proceed to collect the tax, penalty, or interest due by seizure and sale of personal property as provided in chapter 10-56. The sheriff shall remit the amount collected to the county treasurer who shall remit the money to the commission. For such service, the sheriff may collect from the taxpayer and retain the compensation provided in chapter 10-56, but the sheriff's compensation may not be deducted from any tax, penalty, or interest collected.
Checking, savings, and similar accounts are personal property and are subject to seizure by the sheriff for the purpose of satisfying the distress warrant.
Source:
SL 2013, ch 220, §2, eff. Mar. 6, 2013.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07B - Limited Card Games, Slot Machines, Craps, Roulette, And Keno › Section 42-7B-74 - Personal liability of corporate officers, member-managers or managers of limited liability companies, or partners--Bond or certificate of deposit.

42-7B-74. Personal liability of corporate officers, member-managers or managers of limited liability companies, or partners--Bond or certificate of deposit.
If a corporation, limited liability company, limited partnership, limited liability partnership, or limited liability limited partnership subject to tax under this chapter fails for any reason to file the required returns or to pay the tax due, any of the corporate officers, member-managers or managers of limited liability companies, or partners of partnerships that control, supervise, or are charged with the responsibility of filing the returns or remitting tax payments shall be personally liable for the failure. The dissolution of a corporation, limited liability company, limited partnership, limited liability partnership, or limited liability limited partnership does not discharge an officer, member-manager, manager, or partner's liability for a prior failure of the corporation, limited liability company, limited partnership, limited liability partnership, or limited liability limited partnership to file a return or remit the tax due. The sum due for such a liability may be assessed and collected as provided by law.
If the corporate officers, limited liability company member-managers or managers, or partners elect not to be personally liable for the failure to file the required returns or to pay the tax due, the corporation, limited liability company, limited partnership, limited liability partnership, or limited liability limited partnership shall provide the commission with a surety bond or certificate of deposit as security for payment of any tax that may become due. The bond or certificate of deposit provided for in this section shall be in an amount equal to the estimated annual taxes due under this chapter.
Source:
SL 2013, ch 220, §3, eff. Mar. 6, 2013.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07B - Limited Card Games, Slot Machines, Craps, Roulette, And Keno › Section 42-7B-75 - Cancellation or revocation of voluntarily surrendered license.

42-7B-75. Cancellation or revocation of voluntarily surrendered license.
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.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07B - Limited Card Games, Slot Machines, Craps, Roulette, And Keno › Section 42-7B-76 - Sports wagering receipts maintained separately.

42-7B-76. Sports wagering receipts maintained separately.
The receipts from sports wagering shall be separately maintained and accounted for from all other moneys received from the operation of the licensed gaming establishment.
Source:
SL 2021, ch 189, § 15.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07B - Limited Card Games, Slot Machines, Craps, Roulette, And Keno › Section 42-7B-77 - Advance deposit sports wagering--Account requirements.

42-7B-77. Advance deposit sports wagering--Account requirements.
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.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07B - Limited Card Games, Slot Machines, Craps, Roulette, And Keno › Section 42-7B-78 - Advance deposit sports wagering--Establishing account--Duty to retain application--Application considered record.

42-7B-78. Advance deposit sports wagering--Establishing account--Duty to retain application--Application considered record.
A person who opens an account for advance deposit sports wagering with an operator or route operator shall establish the account in person at the operator's or route operator's licensed gaming establishment within the city of Deadwood using an application approved by the commission.
The operator or route operator shall retain the application that is used to open an account for advance deposit sports wagering, including any documents that are submitted with or reviewed with the application. The application and documents shall be considered records of the operator or route operator for purposes of this chapter.
Source:
SL 2021, ch 189, § 17.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07B - Limited Card Games, Slot Machines, Craps, Roulette, And Keno › Section 42-7B-79 - Advance deposit sports wagering restrictions--Required equipment.

42-7B-79. Advance deposit sports wagering restrictions--Required equipment.
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.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07B - Limited Card Games, Slot Machines, Craps, Roulette, And Keno › Section 42-7B-80 - Investigation conducted by sport's governing body.

42-7B-80. Investigation conducted by sport's governing body.
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.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07B - Limited Card Games, Slot Machines, Craps, Roulette, And Keno › Section 42-7B-81 - Licensee's duty to report criminal or disciplinary proceeding--Commission may share information.

42-7B-81. Licensee's duty to report criminal or disciplinary proceeding--Commission may share information.
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.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07B - Limited Card Games, Slot Machines, Craps, Roulette, And Keno › Section 42-7B-82 - Betting prohibited on certain events.

42-7B-82. Betting prohibited on certain events.
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.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07B - Limited Card Games, Slot Machines, Craps, Roulette, And Keno › Section 42-7B-83 - Certain persons prohibited from betting.

42-7B-83. Certain persons prohibited from betting.
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.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 08 - Watercraft › Section 42-8-1 - Safety and uniformity as policy of state.

42-8-1. Safety and uniformity as policy of state.
It is the policy of this state to promote safety for persons and property in and connected with the use, operation, and equipment of boats and to promote uniformity of laws relating thereto.
Source:
SL 1959, ch 125, §1; SDC Supp 1960, §25.1401; SL 1994, ch 335, §14.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 08 - Watercraft › Section 42-8-1.2 - Governor authorized to prohibit or restrict use of certain waterways.

42-8-1.2. Governor authorized to prohibit or restrict use of certain waterways.
The Governor or the Governor's designee may prohibit or restrict the recreational use or navigation of any portion of any river, stream, lake, or other public waterway within the boundaries of the state in order to protect the public peace, health, and safety.
Source:
SL 1994, ch 334, §1.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 08 - Watercraft › Section 42-8-1.3 - Notice of restriction or prohibition.

42-8-1.3. Notice of restriction or prohibition.
The Governor or the Governor's designee, upon issuing a prohibition or restriction on the recreational use of waterways pursuant to §42-8-1.2, shall direct one or more appropriate state or local government agencies to provide notice to the public of the restriction or prohibition. The notice shall be provided in a manner to reasonably notify potential users of the restriction or prohibition in one or more of the following forms:
(1)Erection of suitable barriers to restrict public use;
(2)Posted warnings and notice of the restriction or prohibition;
(3)Declaration by the Governor or other state or local officials;
(4)Publication or broadcast of the restriction or prohibition by state and local news media; or
(5)Other emergency methods that will provide reasonable notification.
Source:
SL 1994, ch 334, §2.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 08 - Watercraft › Section 42-8-1.4 - Violation of prohibition or restriction as misdemeanor.

42-8-1.4. Violation of prohibition or restriction as misdemeanor.
Any person who intentionally fails to observe or obey any prohibition or restriction issued and implemented pursuant to §§42-8-1.2 and 42-8-1.3 is guilty of a Class 2 misdemeanor.
Source:
SL 1994, ch 334, §3.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 08 - Watercraft › Section 42-8-2 - Definition of terms.

42-8-2. Definition of terms.
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.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 08 - Watercraft › Section 42-8-2.1 - "Underway" defined.

42-8-2.1."Underway" defined.
For purposes of this chapter a boat is underway if, while upon the public waters, it is not at anchor, aground, or made fast to the shore.
Source:
SL 1992, ch 306, §2.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 08 - Watercraft › Section 42-8-39 - Waste treatment requirements for kitchen and toilet facilities--Violation as misdemeanor.

42-8-39. Waste treatment requirements for kitchen and toilet facilities--Violation as misdemeanor.
Every boat equipped with kitchen or toilet facilities shall be so equipped and operated to handle or treat liquid and solid wastes in a manner that will prevent pollution of the receiving waters. A violation of this section is a Class 2 misdemeanor.
Source:
SL 1959, ch 125, §5; SDC Supp 1960, §25.1405 (10); SL 1991, ch 186, §43; SL 1994, ch 335, §17.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 08 - Watercraft › Section 42-8-41 - Boats--Required equipment--Penalty.

42-8-41. Boats--Required equipment--Penalty.
No person may operate or give permission for the operation of a boat which is not equipped as required by rules adopted pursuant to § 32-3A-1. Neither the owner of a boat, nor the owner's agent or employee, may permit any motorboat or any boat to depart from the owner's premises unless it is provided, either by owner or renter, with the equipment required pursuant to such rules. A violation of this section is a Class 2 misdemeanor.
Source:
SL 1959, ch 125, §§5, 7; SDC Supp 1960, §§25.1405 (13), 25.1407 (2); SL 1984, ch 273, §27; SL 1994, ch 335, §18; SL 2021, ch 186, § 7.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 08 - Watercraft › Section 42-8-42 - Muffler required--Use of cutouts prohibited--Racing boats excepted.

42-8-42. Muffler required--Use of cutouts prohibited--Racing boats excepted.
The exhaust of every internal combustion engine used on any motorboat shall be effectively muffled by equipment so constructed and used as to muffle the noise of the exhaust in a reasonable manner. The use of cutouts is prohibited, except for racing boats competing in a regatta or boat race approved as provided by rules adopted pursuant to § 32-3A-1, and for such racing boats while on trial runs, during a period not to exceed forty-eight hours immediately preceding a regatta or race and for motorboats while competing in official trials for speed records during a period not to exceed forty-eight hours immediately following a regatta or race. A violation of this section is a Class 2 misdemeanor.
Source:
SL 1959, ch 125, §8; SDC Supp 1960, §25.1408; SL 1984, ch 273, §28; SL 2021, ch 186, § 8.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 08 - Watercraft › Section 42-8-44.1 - Allowable area of operation of diver in underwater activity--Display and design of diver-down flag--Violation as misdemeanor.

42-8-44.1. Allowable area of operation of diver in underwater activity--Display and design of diver-down flag--Violation as misdemeanor.
Any diver using a self-contained underwater breathing apparatus, a forced air breathing line system, a snorkel, or any other means of underwater air supply for the purpose of underwater activity, operating in the waters of this state, except in an area from which all motorboats or sailboats are prohibited from operating, shall perform the activity within an imaginary cylinder extending downward from an imaginary circle formed on the surface of the body of water by revolving a seventy-five foot radius three hundred sixty degrees about a point marked by the display of a flag as provided by this section. The flag is referred to as the diver-down flag. The diver-down flag shall be a rectangle with a bright red field crossed by a diagonal white strip running from the upper-left corner to the bottom-right corner of the rectangle and shall be clearly visible and securely attached or anchored to a float, a rubber tube, a diver, or a boat. A violation of this section is a Class 2 misdemeanor.
Source:
SL 1969, ch 103, §1; SL 1983, ch 303, §3; SL 1991, ch 186, §44; SL 1998, ch 264, §1.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 08 - Watercraft › Section 42-8-44.2 - Operation of boat or other surface activity in diver's allowable area prohibited--Violation as misdemeanor.

42-8-44.2. Operation of boat or other surface activity in diver's allowable area prohibited--Violation as misdemeanor.
No watercraft under power with an internal combustion engine may be operated within the surface area described by such circle as prescribed by §42-8-44.1, nor may any waterskiing or surfboarding or other surface activity potentially dangerous to the diver be performed in the area described by the circle, except when the craft or activity are a part of or related to the diving activity. A violation of this section is a Class 2 misdemeanor.
Source:
SL 1969, ch 103, §2; SL 1991, ch 186, §45; SL 1998, ch 264, §2.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 08 - Watercraft › Section 42-8-45 - Operation of boat under influence of alcohol or drugs as misdemeanor.

42-8-45. Operation of boat under influence of alcohol or drugs as misdemeanor.
No person may operate a boat as defined in subdivisions 42-8-2(2B), (3), (5A), or (6) while underway on the public waters of the state while:
(1)There is 0.08 percent or more by weight of alcohol in that person's blood as shown by chemical analysis of that person's breath, blood, or other bodily substance;
(2)Under the influence of an alcoholic beverage, marijuana, or any controlled drug or substance not obtained pursuant to a valid prescription, or any combination of an alcoholic beverage, marijuana, or such controlled drug or substance;
(3)Under the influence of any controlled drug or substance obtained pursuant to a valid prescription, or any other substance, to a degree which renders the person incapable of safely driving or operating such boat;
(4)Under the combined influence of an alcoholic beverage and any controlled drug or substance obtained pursuant to a valid prescription, or any other substance, to a degree which renders the person incapable of safely driving or operating such boat; or
(5)Under the influence of any substance ingested, inhaled, or otherwise taken into the body as prohibited by §22-42-15.
Any violation of this section is a Class 1 misdemeanor.
Source:
SL 1959, ch 125, §9; SDC Supp 1960, §25.1409 (2); SL 1977, ch 190, §628; SL 1983, ch 303, §1; SL 1992, ch 306, §1; SL 2002, ch 160, §5; SL 2012, ch 208, §1.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 08 - Watercraft › Section 42-8-45.1 - Arrest without a warrant--Probable cause.

42-8-45.1. Arrest without a warrant--Probable cause.
A law enforcement officer may, without a warrant, arrest a person for a violation of the provisions of §42-8-45 if the officer has probable cause to believe that the person to be arrested has been involved in an accident on the public waters of the state and has violated the provisions of §42-8-45 and that the violation occurred prior to or immediately following the accident.
Source:
SL 1992, ch 306, §3; SL 2012, ch 208, §2.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 08 - Watercraft › Section 42-8-45.2 - Submission to breath test upon accident or violation--Chemical test.

42-8-45.2. Submission to breath test upon accident or violation--Chemical test.
Any person operating a boat while underway on the public waters of the state which has been involved in an accident or which is operated in violation of any of the provisions of this chapter shall, at the request of a law enforcement officer, submit to a breath test to be administered by the officer. If the test indicates that the person has consumed alcohol, the law enforcement officer may require the person to submit to a chemical test in the manner set forth in this chapter.
Source:
SL 1992, ch 306, §4.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 08 - Watercraft › Section 42-8-45.3 - Lawful use of drug no defense.

42-8-45.3. Lawful use of drug no defense.
The fact that any person charged with a violation of §42-8-45 is or has been prescribed a drug under the laws of this state is not a defense against any charge of violating §42-8-45.
Source:
SL 1992, ch 306, §5; SL 2012, ch 208, §3.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 08 - Watercraft › Section 42-8-45.4 - Amount of alcohol in blood--Presumptions.

42-8-45.4. Amount of alcohol in blood--Presumptions.
In any criminal prosecution for a violation of §42-8-45, the amount of alcohol in the defendant's blood at the time alleged as shown by chemical analysis of the defendant's blood, breath, or other bodily substance gives rise to the following presumptions:
(1)If there was at that time five hundredths percent or less by weight of alcohol in the defendant's blood, a presumption arises that the defendant was not under the influence of an alcoholic beverage;
(2)If there was at that time in excess of five hundredths percent but less than eight hundredths percent by weight of alcohol in the defendant's blood, such fact does not give rise to any presumption that the defendant was or was not under the influence of an alcoholic beverage, but such fact may be considered with other competent evidence in determining the guilt or innocence of the defendant; and
(3)If there was at that time eight hundredths percent or more by weight of alcohol in the defendant's blood, a presumption arises that the defendant was under the influence of an alcoholic beverage.
Percent by weight of alcohol in the blood is based upon milligrams of alcohol per 1.0 cubic centimeter of whole blood or 2100 cubic centimeters of deep lung breath.
Source:
SL 1992, ch 306, §6; SL 2002, ch 160, §6; SL 2012, ch 208, §4.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 08 - Watercraft › Section 42-8-45.5 - Competent evidence not limited.

42-8-45.5. Competent evidence not limited.
The provisions of §42-8-45.4 do 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.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 08 - Watercraft › Section 42-8-45.6 - Operation of boat on public waters as consent to be tested.

42-8-45.6. Operation of boat on public waters as consent to be tested.
Any person who operates a boat while underway on the public waters of the state in this state is considered to have given consent to the withdrawal of blood or other bodily substance and chemical analysis of the person's blood, breath, or other bodily substance to determine the amount of alcohol in the person's blood and to determine the presence of marijuana or any controlled drug or substance or any substance ingested, inhaled, or otherwise taken into the body as prohibited by §22-42-15 or any other substance that may render a person incapable of safely operating a boat. The arresting law enforcement officer may, subsequent to the arrest of any operator for a violation of §42-8-45, require the operator to submit to the withdrawal of blood or other bodily substances as evidence.
Source:
SL 1992, ch 306, §8; SL 2003, ch 168, §3; SL 2012, ch 208, §6.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 08 - Watercraft › Section 42-8-45.7 - Persons authorized to take breath or other bodily substance specimen--Liability.

42-8-45.7. Persons authorized to take breath or other bodily substance specimen--Liability.
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.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 08 - Watercraft › Section 42-8-45.8 - Testing to be done under supervision of arresting officer--Breath test by person possessing permit.

42-8-45.8. Testing to be done under supervision of arresting officer--Breath test by person possessing permit.
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.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 08 - Watercraft › Section 42-8-45.9 - Choice of additional testing.

42-8-45.9. Choice of additional testing.
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.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 08 - Watercraft › Section 42-8-45.10 - Availability of test results.

42-8-45.10. Availability of test results.
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.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 08 - Watercraft › Section 42-8-45.11 - Costs of testing and witness expenses as costs in the action.

42-8-45.11. Costs of testing and witness expenses as costs in the action.
In the case of a conviction under this chapter, the costs accrued for the withdrawal and chemical analysis of blood or other bodily substance and witness fees and expenses in connection therewith, shall be taxed by the court as costs in the action and shall, if the county is to have a lien for fees paid to counsel for an indigent, be included in the lien filed; otherwise it shall, with other costs as the court imposes, be entered in the judgment as provided in chapter 23A-27.
Source:
SL 1992, ch 306, §13.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 08 - Watercraft › Section 42-8-46 - Reckless operation of boat as misdemeanor.

42-8-46. Reckless operation of boat as misdemeanor.
No person may operate any boat in a reckless or negligent manner so as to endanger the life, limb, or property of any person. A violation of this section is a Class 1 misdemeanor.
Source:
SL 1959, ch 125, §9; SDC Supp 1960, §25.1409 (1); SL 1977, ch 190, §629; SL 1983, ch 303, §2; SL 1994, ch 335, §19.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 08 - Watercraft › Section 42-8-48 - Waterskiing and surfboarding prohibited during hours of darkness--Violation as misdemeanor.

42-8-48. Waterskiing and surfboarding prohibited during hours of darkness--Violation as misdemeanor.
No person may operate a boat on any waters of this state towing any person on water skis, a surfboard, or other devices, nor may any person engage in waterskiing, surfboarding, or similar activity at any time between the hours from one-half hour after sunset to one-half hour before sunrise. A violation of this section is a Class 2 misdemeanor.
Source:
SL 1959, ch 125, §12; SDC Supp 1960, §25.1412 (2); SL 1983, ch 303, §4; SL 1991, ch 186, §47; SL 1991, ch 360; SL 1994, ch 335, §20.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 08 - Watercraft › Section 42-8-49 - Two persons required in boat towing skis or aquaplane--Exception for wide angle mirror--Violation as misdemeanor.

42-8-49. Two persons required in boat towing skis or aquaplane--Exception for wide angle mirror--Violation as misdemeanor.
No motorboat which has in tow or is otherwise assisting a person on water skis, aquaplane or similar contrivance, may be operated or propelled in or upon any waterway, unless such motorboat is occupied by at least two competent persons. However, this section does not apply to any motorboat equipped with a wide angle rear view mirror of not less than one hundred sixty degrees. A violation of this section is a Class 2 misdemeanor.
Source:
SL 1959, ch 125, §12; SDC Supp 1960, §25.1412 (1); SL 1963, ch 143, §3; SL 1991, ch 186, §48.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 08 - Watercraft › Section 42-8-50 - Skiing requirements waived for exhibitions and regattas.

42-8-50. Skiing requirements waived for exhibitions and regattas.
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).
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 08 - Watercraft › Section 42-8-51 - Operation to cause collision by skier or surfboarder prohibited--Violation as misdemeanor.

42-8-51. Operation to cause collision by skier or surfboarder prohibited--Violation as misdemeanor.
No person may operate or manipulate any boat, tow rope, or other device by which the direction or location of water skis, a surfboard, or similar device may be affected or controlled in such a way as to cause the water skis, surfboard, or similar device, or any person thereon to collide with or strike against any object or person. A violation of this section is a Class 2 misdemeanor.
Source:
SL 1959, ch 125, §12; SDC Supp 1960, §25.1412 (4); SL 1991, ch 186, §49; SL 1994, ch 335, §21.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 08 - Watercraft › Section 42-8-52 - Tampering with or unlawful operation of boat as misdemeanor.

42-8-52. Tampering with or unlawful operation of boat as misdemeanor.
Any person who tampers with the boat of another, with intent to injure the same, or cause inconvenience to the owner, or who takes and operates the boat or motorboat of another without the consent of the owner or person lawfully in charge thereof, under such circumstances as not to constitute theft, is guilty of a Class 1 misdemeanor.
Source:
SL 1965, ch 117; SL 1977, ch 190, §631; SL 1978, ch 158, §71; SL 1983, ch 303, §5; SL 1994, ch 335, §22.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 08 - Watercraft › Section 42-8-54 - Application for permission for regatta, race or exhibition--Conducting unauthorized event as misdemeanor.

42-8-54. Application for permission for regatta, race or exhibition--Conducting unauthorized event as misdemeanor.
If a regatta, motorboat or other boat race, marine parade, tournament, or exhibition is proposed to be held, the person in charge of the event shall, at least fifteen days prior to the date of the event, file an application with the Department of Game, Fish and Parks for permission to hold the event. The application shall include the date, time, and location for the event. No such event may be conducted without authorization of the Game, Fish and Parks Commission in writing. Any person who conducts an event without the authorization of the Game, Fish and Parks Commission is guilty of a Class 2 misdemeanor.
Source:
SL 1959, ch 125, §13; SDC Supp 1960, §25.1413 (1); SL 2015, ch 210, §4.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 08 - Watercraft › Section 42-8-56 - Operator of boat involved in accident to render assistance to other persons--Violation as misdemeanor.

42-8-56. Operator of boat involved in accident to render assistance to other persons--Violation as misdemeanor.
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.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 08 - Watercraft › Section 42-8-57 - Operator of boat involved in accident to reveal identification--Violation as misdemeanor.

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