reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 08 - Watercraft › Section 42-8-58 - Notice of accident to be filed with department--Investigation of accidents--Violation as misdemeanor.

42-8-58. Notice of accident to be filed with department--Investigation of accidents--Violation as misdemeanor.
The operator of a boat on public waters shall, in the case of a collision or an accident resulting in damage to a boat or other property to an apparent extent of one thousand dollars or more to any one person's property or two thousand dollars or more in any one accident or resulting in death or injury to a person, immediately, by the quickest means of communication, give notice of the collision or accident to the nearest conservation officer or other law enforcement officer. The officer shall file with the Department of Game, Fish and Parks a full description of the collision or accident upon forms provided by the department and available from any state or county law enforcement agency. Notice of the collision or accident is not required of any person who is physically incapable of giving immediate notice during the period of such incapacity. If the operator of the boat is physically incapable of giving an immediate notice of a collision or accident and there was another occupant in the boat at the time of the collision or accident capable of doing so, such occupant shall make or cause to be given the notice not given by the operator. The secretary of game, fish and parks may investigate the circumstances of the accident. Any operator or occupant who fails to file a notice as required by this section is guilty of a Class 2 misdemeanor.
Source:
SL 1959, ch 125, §10; SDC Supp 1960, §25.1410 (2); SL 1975, ch 267; SL 1983, ch 303, §6; SL 1991, ch 186, §52; SL 1991, ch 361; SL 1994, ch 335, §25; SL 1997, ch 246, §1; SL 2000, ch 213, §1; SL 2003, ch 168, §2.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 08 - Watercraft › Section 42-8-60 - Records maintained by owners of boats for hire--Preservation and inspection of records--Violation as misdemeanor.

42-8-60. Records maintained by owners of boats for hire--Preservation and inspection of records--Violation as misdemeanor.
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.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 08 - Watercraft › Section 42-8-63 - Application by political subdivision for special rules applicable therein.

42-8-63. Application by political subdivision for special rules applicable therein.
Any subdivision of this state may after public notice make formal application to the Game, Fish and Parks Commission for rules with reference to the operation of boats on any waters within its territorial limits and shall set forth the reasons which make such rules necessary or appropriate.
Source:
SL 1959, ch 125, §14; SDC Supp 1960, §25.1414 (2); SL 1994, ch 335, §28.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 08 - Watercraft › Section 42-8-66 - Enforcement of chapter by law enforcement officers--Stopping and boarding of boats.

42-8-66. Enforcement of chapter by law enforcement officers--Stopping and boarding of boats.
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.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 08 - Watercraft › Section 42-8-67 - Boundary waters--Concurrent jurisdiction with adjoining states.

42-8-67. Boundary waters--Concurrent jurisdiction with adjoining states.
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.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 08 - Watercraft › Section 42-8-69 - Age requirement for driving certain motorboats--Violation as misdemeanor.

42-8-69. Age requirement for driving certain motorboats--Violation as misdemeanor.
No owner of a motorboat which is propelled by a motor of more than six horsepower may allow any person under twelve years of age to operate such a motorboat unless such person is accompanied by a person of at least eighteen years of age. This section does not apply to personal watercraft as defined in §42-8-2. A violation of this section is a Class 2 misdemeanor.
Source:
SL 1990, ch 345; SL 1997, ch 246, §2.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 08 - Watercraft › Section 42-8-102 - Personal watercraft--Rules of operation--Age requirement--Violation as misdemeanor.

42-8-102. Personal watercraft--Rules of operation--Age requirement--Violation as misdemeanor.
No person 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.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 08 - Watercraft › Section 42-8-103 - Summons issued for violation punishable as Class 2 misdemeanor--Release upon promise to appear in court or bond--Violation as misdemeanor.

42-8-103. Summons issued for violation punishable as Class 2 misdemeanor--Release upon promise to appear in court or bond--Violation as misdemeanor.
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.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 10 - Amusement Rides › Section 42-10-1 - Amusement ride defined.

42-10-1. Amusement ride defined.
An amusement ride is any mechanical device which carries or conveys passengers along, around, or over a fixed or restricted route or course for the purpose of giving its passengers amusement, pleasure, thrills, or excitement. The term, amusement ride, does not include slides, playground equipment, coin-operated devices, or conveyances which operate directly on the ground or on the surface or pavement directly on the ground or the operation of amusement devices of a permanent nature which are not moved from one location to another more than one time per year or which are insured to operate in only one fixed location.
Source:
SL 1985, ch 334, §1; SL 1991, ch 352, §1; SL 2014, ch 208, §1.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 10 - Amusement Rides › Section 42-10-2 - Liability insurance requirement.

42-10-2. Liability insurance requirement.
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.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 10 - Amusement Rides › Section 42-10-2.1 - Proof of liability insurance required.

42-10-2.1. Proof of liability insurance required.
No amusement ride may be operated without proof of liability insurance commensurate to the risk of liability inherent to such amusement ride.
Source:
SL 1991, ch 352, §2.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 10 - Amusement Rides › Section 42-10-4 - Annual inspection.

42-10-4. Annual inspection.
No person may operate an amusement ride in the state unless the amusement ride has passed an inspection during the prior twelve months by a certified amusement ride inspector.
Source:
SL 2014, ch 208, §3.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 10 - Amusement Rides › Section 42-10-5 - Inspection affidavit.

42-10-5. Inspection affidavit.
The owner of an amusement ride shall file an inspection affidavit attesting that the amusement ride has passed the most recent annual inspection required in §42-10-4 with the sponsoring organization and the governing board of the local unit of government before the amusement ride is operated at each location. The inspection affidavit shall identify the amusement ride by name, manufacturer, and serial number and identify the date the inspection was performed, the inspector's name, and the inspector's certification number.
Source:
SL 2014, ch 208, §4; SL 2017, ch 187, §1.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 10 - Amusement Rides › Section 42-10-6 - Daily inspection--Standards--Record.

42-10-6. Daily inspection--Standards--Record.
No person may operate an amusement ride unless a daily inspection is performed on each day of operation and the amusement ride meets the current American Society of Testing and Material Standards on Amusement Rides and Devices, F 770-13. An owner or operator of the amusement ride, or a certified amusement ride inspector shall perform the inspection and maintain the record of the inspection for no less than three years. The owner or operator of the amusement ride shall make the record of daily inspection available on request.
Source:
SL 2014, ch 208, §5.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 10 - Amusement Rides › Section 42-10-7 - Inspection following modification.

42-10-7. Inspection following modification.
No person may operate an amusement ride that has been modified or altered in a manner that changes the dynamics or control system from the manufacturer's design or specification since the most recent annual inspection, unless the amusement ride passes an inspection by a certified amusement ride inspector prior to operation.
Source:
SL 2014, ch 208, §6.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 10 - Amusement Rides › Section 42-10-8 - Certified amusement ride inspector defined.

42-10-8. Certified amusement ride inspector defined.
For purposes of §§42-10-4 to 42-10-9, inclusive, a certified amusement ride inspector is either an employee of the insurance company that insures the amusement ride or an amusement ride inspector that carries a minimum of one hundred thousand dollars in errors and omissions insurance and is certified by the National Association of Amusement Ride Safety Officials or the Amusement Industry Manufacturers and Suppliers Trade Association.
Source:
SL 2014, ch 208, §7.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 11 - Equine Activities › Section 42-11-2 - Persons exempt from liability.

42-11-2. Persons exempt from liability.
No equine activity sponsor, equine professional, doctor of veterinary medicine, or any other person, is liable for an injury to or the death of a participant resulting from the inherent risks of equine activities.
Source:
SL 1993, ch 324, §2.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 11 - Equine Activities › Section 42-11-3 - Conduct not exempt from liability.

42-11-3. Conduct not exempt from liability.
Nothing in this chapter prevents or limits the liability of an equine activity sponsor, an equine professional, or any other person if the equine activity sponsor, equine professional, or other person:
(1)Provides the equipment or tack, and knew or should have known that the equipment or tack was faulty, and such equipment or tack was faulty to the extent that it causes the injury; or provides the animal and fails to make reasonable and prudent efforts to determine the ability of the participant to engage safely in the equine activity and determine the ability of the participant to safely manage the particular animal based on the participant's representations of his ability;
(2)Owns, leases, rents, or otherwise is in lawful possession and control of the land or facilities upon which the participant sustains any injury because of a dangerous latent condition which was known to the equine activity sponsor, equine professional, or person and for which warning signs had not been conspicuously posted;
(3)Commits an act or omission that constitutes willful or wanton disregard for the safety of the participant and that causes the injury;
(4)Intentionally injures the participant.
Source:
SL 1993, ch 324, §3.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 11 - Equine Activities › Section 42-11-4 - Warranty or trespass unaffected.

42-11-4. Warranty or trespass unaffected.
Nothing in this chapter prevents or limits the liability of an equine activity sponsor or equine professional for any injury involving an equine if the recovery is made pursuant to warranty or trespass.
Source:
SL 1993, ch 324, §4.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 11 - Equine Activities › Section 42-11-5 - Warning signs--Placement--Size.

42-11-5. Warning signs--Placement--Size.
Each equine professional shall post and maintain the following sign:
WARNING
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.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 12 - Boxing, Kickboxing, Mixed Martial Arts, And Sparring › Section 42-12-7.1 - Definitions.

42-12-7.1. Definitions.
Terms used in this chapter mean:
(1)"Department," the Department of Labor and Regulation;
(2)"Commission," the South Dakota Athletic Commission;
(3)"Boxing," the sport or practice of fighting with fists in which participants wear boxing gloves;
(4)"Kickboxing," the sport of attack and defense in which participants wear boxing gloves and throw punches as in boxing and kick with bare feet as in karate;
(5)"Mixed martial arts," the sport of fighting in which participants inflict or employ kicks, punches, blows, holds, and other techniques to injure, stun, choke, incapacitate, or disable an opponent, using a combination of boxing, kickboxing, wrestling, grappling, or other martial arts;
(6)"Boxer," a participant in a boxing competition or sparring exhibition;
(7)"Kickboxer," a participant in a kickboxing competition or sparring exhibition;
(8)"Mixed martial artist," a participant in a mixed martial arts competition or sparring exhibition;
(9)"Promoter," any person, club, corporation, association, or entity, who produces, arranges, or stages any competition or sparring exhibition;
(10)"Manager," any person who acts on behalf of a boxer, kickboxer, or mixed martial artist to facilitate the production, arrangement, or staging of any competition or sparring exhibition;
(11)"Matchmaker," any person, club, corporation, association, or entity that brings together a competition or sparring exhibition;
(12)"Competition," any match, fight, contest, or event in which the participants intend to and actually inflict punches, blows, kicks, or other techniques to temporarily incapacitate an opponent with the intent to win the competition, and in which the participants receive payment or remuneration, directly or indirectly, as consideration for the participant's performance; and
(13)"Sparring exhibition," any match, fight, contest, or event in which the participants intend to and actually inflict punches, blows, kicks, or other techniques to temporarily incapacitate an opponent with the intent to display skills without striving to win, and in which the participants receive payment or remuneration, directly or indirectly, as consideration for the participant's performance.
Source:
SL 2014, ch 209, §28.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 12 - Boxing, Kickboxing, Mixed Martial Arts, And Sparring › Section 42-12-8 - South Dakota Athletic Commission created.

42-12-8. South Dakota Athletic Commission created.
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.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 12 - Boxing, Kickboxing, Mixed Martial Arts, And Sparring › Section 42-12-8.1 - Terms--Vacancies.

42-12-8.1. Terms--Vacancies.
Each appointment to the commission shall be for a period of three years except for the initial appointments which shall be for staggered terms. Each member shall serve until the expiration of the term for which the commissioner was appointed or until the member's successor is appointed and qualified to serve on the commission. If a vacancy occurs other than by expiration of term, the Governor shall appoint a qualified person to fill the vacancy for the unexpired term. The appointment to an unexpired term is not considered a full term. No member may serve more than three consecutive full terms.
Source:
SL 2014, ch 209, §2.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 12 - Boxing, Kickboxing, Mixed Martial Arts, And Sparring › Section 42-12-8.2 - Meetings--Quorum.

42-12-8.2. Meetings--Quorum.
The commission shall hold at least one meeting annually. The commission may hold other meetings at a time and place set by the chair or by a majority of the commission. A majority of the commissioners constitutes a quorum to conduct business. A majority of those present and voting constitutes a decision of the commission.
Source:
SL 2014, ch 209, §3.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 12 - Boxing, Kickboxing, Mixed Martial Arts, And Sparring › Section 42-12-8.3 - Officers.

42-12-8.3. Officers.
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.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 12 - Boxing, Kickboxing, Mixed Martial Arts, And Sparring › Section 42-12-8.4 - Per diem--Expenses.

42-12-8.4. Per diem--Expenses.
Members of the commission shall receive a per diem established pursuant to §4-7-10.4 and expenses at the same rate as other state employees while engaged in official duties.
Source:
SL 2014, ch 209, §5.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 12 - Boxing, Kickboxing, Mixed Martial Arts, And Sparring › Section 42-12-8.5 - Immunity from personal liability.

42-12-8.5. Immunity from personal liability.
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.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 12 - Boxing, Kickboxing, Mixed Martial Arts, And Sparring › Section 42-12-8.6 - Liability coverage.

42-12-8.6. Liability coverage.
The commission may acquire liability coverage from an outside entity to provide adequate coverage against claims.
Source:
SL 2014, ch 209, §7.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 12 - Boxing, Kickboxing, Mixed Martial Arts, And Sparring › Section 42-12-9 - Direction of boxing, kickboxing, and mixed martial arts competitions and sparring exhibitions.

42-12-9. Direction of boxing, kickboxing, and mixed martial arts competitions and sparring exhibitions.
The commission is hereby 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 the State of South Dakota. No competition or exhibition may be conducted within this state except in accordance with the provisions of this chapter.
Source:
SL 2013, ch 221, §2.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 12 - Boxing, Kickboxing, Mixed Martial Arts, And Sparring › Section 42-12-9.1 - Powers and duties of commission.

42-12-9.1. Powers and duties of commission.
The commission has the following powers and duties:
(1)Through rules established pursuant to chapter 1-26, establish standards for the practice of boxing, kickboxing, and mixed martial arts;
(2)Issue licenses and registrations to persons, clubs, corporations, associations, or other entities that meet the qualifications for licensure or registration;
(3)Have available the names of persons, clubs, corporations, associations, or other entities registered or licensed pursuant to the provisions of this chapter;
(4)Have available the date, time, and location of any competition or sparring exhibition registered pursuant to the provisions of this chapter;
(5)Employ personnel in accordance with the needs and budget of the commission;
(6)Enter into contracts as necessary to carry out the commission's responsibilities pursuant to the provisions of this chapter;
(7)Communicate disciplinary actions and registration and license status of boxers, kickboxers, mixed martial artists, managers, promoters, and matchmakers to relevant state and federal governing bodies as may be required; and
(8)Perform other duties directly related to the provisions of this chapter or rules promulgated pursuant to chapter 1-26.
Source:
SL 2014, ch 209, §26.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 12 - Boxing, Kickboxing, Mixed Martial Arts, And Sparring › Section 42-12-10 - Promulgation of rules.

42-12-10. Promulgation of rules.
The commission shall promulgate rules, pursuant to chapter 1-26, to:
(1)Govern the conduct of boxing, kickboxing, and mixed martial arts competitions, and sparring exhibitions;
(2)Establish registration criteria and registration fees for all boxers, kickboxers, and mixed martial artists who participate in competitions and sparring exhibitions governed by the commission;
(3)Establish license criteria and license fees for all promoters, managers, and matchmakers of boxing, kickboxing, or mixed martial arts competitions;
(4)Establish registration requirements for all boxing, kickboxing, or mixed martial arts competitions or sparring exhibitions held in the state;
(5)Establish the written records to be maintained for all competitions and sparring exhibitions conducted in the state;
(6)Establish a fee based on the percentage of gross revenues from any boxing, kickboxing, or mixed martial arts competition or sparring exhibition held in the state. The fee established under this subdivision may not exceed five percent of the gross revenues of the exhibition from any and all sources including cable television and pay-per-view telecasts of the event, exclusive of any federal tax. However, the commission may establish and impose a minimum exhibition fee not to exceed five thousand dollars to cover the expenses of the South Dakota Athletic Commission;
(7)Establish criteria for approved bona fide educational institutions or national amateur boxing, kickboxing, or mixed martial arts associations for purposes of being exempted from the provisions of this chapter;
(8)Establish procedures for disciplinary proceedings; and
(9)Establish procedures for receiving and conducting complaint investigations.
Source:
SL 2013, ch 221, §3; SL 2014, ch 209, §25; SL 2016, ch 213, §1.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 12 - Boxing, Kickboxing, Mixed Martial Arts, And Sparring › Section 42-12-11 - Boxing commission fund.

42-12-11. Boxing commission fund.
All fees collected pursuant to this chapter shall be placed in the boxing commission fund that is hereby established in the state treasury. All money deposited in the fund is continuously appropriated to pay for the administration of this chapter and for the compensation and expenses of members of the South Dakota Athletic Commission.
Source:
SL 2013, ch 221, §4.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 12 - Boxing, Kickboxing, Mixed Martial Arts, And Sparring › Section 42-12-12 - Competitions and exhibitions to conform to local ordinances.

42-12-12. Competitions and exhibitions to conform to local ordinances.
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.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 12 - Boxing, Kickboxing, Mixed Martial Arts, And Sparring › Section 42-12-13 - Certain educational institutions and amateur associations exempt.

42-12-13. Certain educational institutions and amateur associations exempt.
All boxing, kickboxing, or mixed martial arts or sparring exhibitions conducted by bona fide educational institutions or by national amateur boxing, kickboxing, or mixed martial arts associations or their local affiliates approved by the commission are exempt from the provisions of this chapter.
Source:
SL 2013, ch 221, §6; SL 2014, ch 209, §27.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 12 - Boxing, Kickboxing, Mixed Martial Arts, And Sparring › Section 42-12-14 - Certificate of registration required for boxers, kickboxers, and mixed martial artists--Application--Violation as misdemeanor.

42-12-14. Certificate of registration required for boxers, kickboxers, and mixed martial artists--Application--Violation as misdemeanor.
No boxer, kickboxer, or mixed martial artist may participate in any competition or sparring exhibition without having a certificate of registration issued by the commission. Each boxer, kickboxer, or mixed martial artist shall submit an application upon a form prescribed by the commission and pay the required application fee. Any boxer, kickboxer, or mixed martial artist in a competition or sparring exhibition who does not have a certificate of registration issued by the commission is guilty of a Class 2 misdemeanor. The commission may file a civil suit to enjoin any person engaging in a competition or sparring exhibition without a certificate of registration issued by the commission.
Source:
SL 2014, ch 209, §8.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 12 - Boxing, Kickboxing, Mixed Martial Arts, And Sparring › Section 42-12-15 - License required to facilitate a competition or exhibition--Application--Violation as misdemeanor.

42-12-15. License required to facilitate a competition or exhibition--Application--Violation as misdemeanor.
No manager, matchmaker, or promoter may participate in, facilitate, produce, stage, arrange, or profit from a competition or sparring exhibition without having a license issued by the commission. A manager, matchmaker, or promoter shall submit an application upon a form prescribed by the commission and shall pay the required application fee. Any person, club, corporation, association, or entity required to have a license pursuant to this section that participates in, facilitates, produces, stages, arranges, or profits from a competition or sparring exhibition without having a license issued by the commission is guilty of a Class 2 misdemeanor. The commission may file a civil suit to enjoin any person or entity engaging in a competition or sparring exhibition without a license issued by the commission.
Source:
SL 2014, ch 209, §9.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 12 - Boxing, Kickboxing, Mixed Martial Arts, And Sparring › Section 42-12-16 - Certificate of registration required for competition or exhibition--Violation as misdemeanor.

42-12-16. Certificate of registration required for competition or exhibition--Violation as misdemeanor.
No competition or sparring exhibition may be held without having a certificate of registration issued by the commission. The commission shall prescribe the form and the fee for registration. Any person, competitor, club, corporation, association, or entity that participates in, facilitates, produces, stages, arranges, or profits from a competition or sparring exhibition that does not have a certificate of registration issued by the commission is guilty of a Class 1 misdemeanor. The commission may file a civil suit to enjoin any person or entity from participating in, facilitating, producing, staging, arranging, or profiting from a competition or sparring exhibition that does not have a certificate of registration issued by the commission.
Source:
SL 2014, ch 209, §10.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 12 - Boxing, Kickboxing, Mixed Martial Arts, And Sparring › Section 42-12-17 - Records pertaining to competition or exhibition.

42-12-17. Records pertaining to competition or exhibition.
Any competition or sparring exhibition held in South Dakota shall keep any written records pertaining to the competition or sparring exhibition that may be required by the commission. The records shall be made available for inspection by a representative or agent of the commission during normal business hours.
Source:
SL 2014, ch 209, §11.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 12 - Boxing, Kickboxing, Mixed Martial Arts, And Sparring › Section 42-12-18 - Inspection of competition or sparring exhibition.

42-12-18. Inspection of competition or sparring exhibition.
Any member of the commission, or its representative or agent, may freely enter upon and inspect a competition or sparring exhibition at the time and place set for the competition or sparring exhibition.
Source:
SL 2014, ch 209, §12.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 12 - Boxing, Kickboxing, Mixed Martial Arts, And Sparring › Section 42-12-19 - Proceeds subject to forfeiture.

42-12-19. Proceeds subject to forfeiture.
Any assets, interest, revenues, income, and proceeds acquired from a competition or sparring exhibition held without having a certificate of registration issued by the commission are subject to forfeiture to the commission.
Source:
SL 2014, ch 209, §13.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 12 - Boxing, Kickboxing, Mixed Martial Arts, And Sparring › Section 42-12-20 - Sanctions for violation of chapter.

42-12-20. Sanctions for violation of chapter.
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.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 12 - Boxing, Kickboxing, Mixed Martial Arts, And Sparring › Section 42-12-21 - Summary suspension of registration or license--Hearing--Appeal.

42-12-21. Summary suspension of registration or license--Hearing--Appeal.
The commission may summarily suspend a registration or license in advance of a final adjudication or during the appeals process if the commission finds that a registrant or licensee represents a clear and immediate danger to the public safety or to the safety of other competitors or participants in any competition or sparring exhibition. Any registrant or licensee whose registration or license is suspended under this section is entitled to a prompt hearing pursuant to §1-26-29. The registrant or licensee may subsequently appeal the suspension to circuit court in accordance with chapter 1-26.
Source:
SL 2014, ch 209, §15.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 12 - Boxing, Kickboxing, Mixed Martial Arts, And Sparring › Section 42-12-22 - Proceedings for revocation or suspension.

42-12-22. Proceedings for revocation or suspension.
Proceedings for the revocation or suspension of any registration or license shall be conducted pursuant to chapter 1-26 and any rules promulgated pursuant to this chapter.
Source:
SL 2014, ch 209, §16.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 12 - Boxing, Kickboxing, Mixed Martial Arts, And Sparring › Section 42-12-23 - Appeals from discipline.

42-12-23. Appeals from discipline.
The findings and actions of the commission on disciplinary matters are subject to appeal as provided by chapter 1-26 and any rules promulgated pursuant to this chapter.
Source:
SL 2014, ch 209, §17.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 12 - Boxing, Kickboxing, Mixed Martial Arts, And Sparring › Section 42-12-24 - Penalties for violation of chapter.

42-12-24. Penalties for violation of chapter.
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.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 12 - Boxing, Kickboxing, Mixed Martial Arts, And Sparring › Section 42-12-25 - Cease and desist order--Service--Hearing.

42-12-25. Cease and desist order--Service--Hearing.
Service of the cease and desist order is effective if the order is served on the person, club, corporation, association, entity, or counsel of record personally or by certified mail. Unless otherwise agreed by the commission and the party requesting the hearing, a hearing shall be held no later than ninety days after a request for a hearing is received by the commission.
Source:
SL 2014, ch 209, §19.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 12 - Boxing, Kickboxing, Mixed Martial Arts, And Sparring › Section 42-12-26 - Failure to appear--Criminal prosecution.

42-12-26. Failure to appear--Criminal prosecution.
If no hearing is requested within the thirty days of service of the cease and desist order, the order becomes final and remains in effect until the order is modified or vacated by the commission. If the party to whom a cease and desist order is issued requests a hearing, but after being duly notified fails to appear at the hearing, the party is in default and the proceeding may be determined against the party upon consideration of the cease and desist order, the allegations of which may be considered to be true. Action taken pursuant to this section does not relieve a party from criminal prosecution by a competent authority or from disciplinary action by the commission with respect to the party's application, registration, license, or renewal.
Source:
SL 2014, ch 209, §20.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 12 - Boxing, Kickboxing, Mixed Martial Arts, And Sparring › Section 42-12-27 - Report--Orders.

42-12-27. Report--Orders.
The commission or hearing examiner shall issue a report within thirty days of the close of the contested case hearing record. Within thirty days after the report and any exceptions to the report, the commission shall issue a further order vacating, modifying, or making permanent the cease and desist orders as the facts require.
Source:
SL 2014, ch 209, §21.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 12 - Boxing, Kickboxing, Mixed Martial Arts, And Sparring › Section 42-12-28 - Fees to reimburse commission for proceedings.

42-12-28. Fees to reimburse commission for proceedings.
The commission may impose a fee to reimburse the commission for all or part of the cost of proceedings resulting in disciplinary action authorized by this chapter or rules promulgated pursuant to this chapter, the imposition of civil penalties or administrative fines, or the issuance of a cease and desist order. The fee may be imposed if the commission shows a person, club, corporation, association, or entity has committed an act or practice in violation of this chapter or rules promulgated pursuant to this chapter, or has violated an order of the commission. The costs include the amount paid by the commission for services from attorneys, investigators, court reporters, witnesses, expert witnesses, reproduction of records, commission members' per diem compensation, commission staff time, and expenses incurred by commission members and staff.
Source:
SL 2014, ch 209, §22.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 12 - Boxing, Kickboxing, Mixed Martial Arts, And Sparring › Section 42-12-29 - Prosecution of criminal action.

42-12-29. Prosecution of criminal action.
Any criminal action for violation of any provision of this chapter or of any rule promulgated pursuant to this chapter shall be prosecuted by the attorney general of the state, or, at the attorney general's request and under the attorney general's direction, by the state's attorney of any county in which the violation occurred.
Source:
SL 2014, ch 209, §23.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 12 - Boxing, Kickboxing, Mixed Martial Arts, And Sparring › Section 42-12-30 - Prosecution of civil action.

42-12-30. Prosecution of civil action.
In any civil action to enforce the provisions of this chapter, the Department of Labor and Regulation and the state may be represented by any qualified attorney who is a regular salaried employee of the department and is designated by the department for this purpose or, at the department's request, by the attorney general.
Source:
SL 2014, ch 209, §24.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 01 - General Provisions And Classes Of Property › Section 43-1-1 - Property defined.

43-1-1. Property defined.
In this code, the thing of which there may be ownership is called property.
Source:
CivC 1877, §159; CL 1887, §2675; RCivC 1903, §182; RC 1919, §252; SDC 1939, §51.0201.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 01 - General Provisions And Classes Of Property › Section 43-1-2 - Classes of property.

43-1-2. Classes of property.
Property is either:
(1)Real or immovable; or
(2)Personal or movable.
Source:
CivC 1877, §162; CL 1887, §2678; RCivC 1903, §185; RC 1919, §255; SDC 1939, §51.0101.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 01 - General Provisions And Classes Of Property › Section 43-1-3 - Real and personal property distinguished.

43-1-3. Real and personal property distinguished.
Real or immovable property consists of:
(1)Land;
(2)That which is affixed to land;
(3)That which is incidental or appurtenant to land;
(4)That which is immovable by law.
Every kind of property that is not real is personal.
Source:
CivC 1877, §§163, 167; CL 1887, §§2679, 2683; RCivC 1903, §§186, 190; RC 1919, §§256, 260; SDC 1939, §51.0102.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 01 - General Provisions And Classes Of Property › Section 43-1-4 - Land as solid material of earth.

43-1-4. Land as solid material of earth.
Land is the solid material of the earth, whatever may be the ingredients of which it is composed, whether soil, rock, or other substance.
Source:
CivC 1877, §164; CL 1887, §2680; RCivC 1903, §187; RC 1919, §257; SDC 1939, §51.0103.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 01 - General Provisions And Classes Of Property › Section 43-1-5 - Appurtenant to land defined--Mining machinery and equipment.

43-1-5. Appurtenant to land defined--Mining machinery and equipment.
A thing is deemed to be incidental or appurtenant to land when it is by right used with the land for its benefit, as in the case of a way or watercourse, or of a passage for light, air, or heat, from or across the land of another. Sluice boxes, flumes, hose, pipes, railway tracks, cars, blacksmith shops, mills, and all other machinery or tools used in working or developing a mine, are to be deemed affixed to the mine.
Source:
CivC 1877, §166; CL 1887, §2682; RCivC 1903, §189; RC 1919, §259; SDC 1939, §51.0105.