Title 42 — RECREATION AND SPORTS
14 chapters · 366 sections in this title.
SDCL § 42-7-101 Devices or expedients to increase horse's speed prohibited
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No person may have in his possession an electrical device, mechanical device, or other expedient designed to increase the speed of a horse other than an ordinary whip at anytime on the grounds of a race track licensed by the commission. A violation of this section is a Class 1 mi…
SDCL § 42-7-102 Interstate combined wagering pool--Take-out of host jurisdiction or facility--Percentage to state
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Notwithstanding any other provision of this chapter, the commission may authorize any licensee to participate in an interstate combined wagering pool with one or more other racing jurisdictions. If a licensee participates in an interstate combined wagering pool, the licensee may …
SDCL § 42-7-103 Combining pari - mutuel pools to establish interstate combined wagering pool
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The commission may permit a licensee to use one or more of its races for an interstate combined wagering pool at locations outside its jurisdiction, and may allow pari - mutuel pools in other states to be combined with pari - mutuel pools in its jurisdiction for the purpose of es…
SDCL § 42-7-104 Physical location as place of business
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No licensee may be considered to be doing business in any jurisdiction other than the jurisdiction in which the licensee is physically located if the licensee participates in an interstate combined wagering pool. Source: SL 1991, ch 350 , § 4.
SDCL § 42-7-105 Tax of wagers in interstate combined wagering pool
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Taxes or commissions imposed on pari - mutuel wagering may not be imposed on any amounts wagered in an interstate combined wagering pool other than amounts wagered within this state. Source: SL 1991, ch 350 , § 5.
SDCL § 42-7-106 Breakage calculation for interstate combined wagering pool
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The commission may negotiate the breakage calculation for interstate combined wagering pools and the distribution of breakage among the participating jurisdictions. Source: SL 1991, ch 350 , § 6.
SDCL § 42-7-47 State policy in exercise of police powers
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It is the policy of the State of South Dakota to utilize its police powers to provide forceful and honest state - wide regulation of racing in order to foster honest and fair racing practices, to ensure that all funds contributed are properly distributed and to provide for the he…
SDCL § 42-7-48 Definition of terms
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Terms as used in this chapter mean: (1) "Commission," the South Dakota Commission on Gaming; (2) "Dog racing day," a period of twenty - four hours, beginning at midnight, during which period of time a license has been granted by the commission to an association to conduct a conte…
SDCL § 42-7-56 Powers and responsibilities of commission on gaming
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The commission shall: (1) Provide for racing under the certificate system; (2) Perform quasi-legislative, quasi-judicial, and advisory functions excluding special budgetary functions as defined in § 1-32-1 ; (3) Set racing dates; (4) Promulgate rules pursuant to chapter 1-26 for …
SDCL § 42-7-57 License required to hold race meeting or handle money under certificate system--Violation as misdemeanor
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No person may hold any racing meeting or collect or disburse any money under the certificate system without having first obtained and having in full force and effect a license issued by the commission. Any person who violates the provisions of this section is guilty of a Class 1 …
SDCL § 42-7-58 Authority for racing under certificate system--Issuance of license
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The commission may permit and authorize the racing of horses and dogs under what is here designated the "certificate system." The commission may issue, on compliance of an applicant with the requirements of this chapter, a license to conduct races under the certificate system. So…
SDCL § 42-7-58.1 Satellite facilities of horse or dog track licensees
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The commission may allow licensees approved by the commission to collect and disburse money under the certificate system at locations other than where licensed races are conducted if the satellite locations are more than fifty miles away from any pari - mutuel horse track or dog …
SDCL § 42-7-58.2 Wagering on televised races--Request and reciprocal agreement
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Upon written request of a licensee, the commission may approve wagering on races televised to South Dakota from another licensed racing jurisdiction. The request shall be made not less than seven days prior to the race to be televised. The request shall be accompanied by a signed…
SDCL § 42-7-58.3 Approved simulcast races conducted on day assigned by commission
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All approved simulcast races shall be conducted at a licensed location on a day assigned by the commission. Source: SL 1987, ch 310 , § 2; SL 1988, ch 343 , § 1.
SDCL § 42-7-58.4 Distribution of contributions
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All contributions received pursuant to §§ 42-7-58.2 to 42-7-58.5 , inclusive, shall be distributed pursuant to §
SDCL § 42-7-58.5 Simulcast wagering in compliance with federal laws
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In addition to all state laws and applicable rules of the commission, simulcast wagering and interstate combined wagering pools shall be in compliance with the United States Code, Title 15, Section 3001, et seq., as in effect on December 31, 1990. Source: SL 1987, ch 310 , § 4; S…
SDCL § 42-7-58.6 Eligibility for license to operate satellite races absent conducting live meet
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A licensee shall be eligible to receive a license under the certificate system to operate satellite races from either within or without the state without being obligated to conduct a live meet during the year. Source: SL 1991, ch 349 , § 41; SL 1995, ch 240 , § 2.
SDCL § 42-7-58.7 Consideration of applications for licenses for satellite facilities and multi-jurisdictional totalizator hubs--Restrictions
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Notwithstanding any other provisions of this chapter, the commission may accept and consider applications at any time for operation of satellite facilities and multi-jurisdictional totalizator hubs to be operated under the certificate system and issue a license at any time for th…
SDCL § 42-7-59 Filing of application for racing license or provision of simulcast signal--Contents
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The application for a license to hold or conduct a racing meeting or to provide a simulcast signal to a satellite facility shall be signed under oath and filed with the commission on or before a day prescribed in this chapter. The application shall state: (1) The full name and ad…
SDCL § 42-7-60 Bond required of applicant for license--Waiver--Revocation or suspension of license on nonpayment of fees or taxes
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Every person applying for a license under §§ 42-7-58 , 42-7-58.1 , and 42-7-56(16) shall give bond payable to the State of South Dakota with good security to be approved by the commission. The bond shall be the amount which the commission determines is adequate to protect the amo…
SDCL § 42-7-61 Application for new site submitted to county commissioners--Notice to county auditors--Provision for vote
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An application for a license to conduct the racing of horses or dogs on any new site which has not before July 1, 1967, been utilized for the conduct of racing horses or dogs, shall first be submitted, not less than ninety days prior to the next general election, to the board of …
SDCL § 42-7-62 Certification of votes on new racing site--Application forwarded to commission if approved by voters
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The county auditor of each county voting on the question provided for in § 42-7-61 shall submit a certified statement of the total votes cast for approval and disapproval to the board of county commissioners of the proposed - site county within sixty days after the general electi…
SDCL § 42-7-63 Fee for collecting and disbursing money--Disposition
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The commission may charge a fee for licensees to collect and disburse money under the certificate system commensurate with the amount of money which is collected daily, but no charge less than ten dollars nor in excess of one hundred dollars per day shall be made. The license fee…
SDCL § 42-7-64 Contents of license for racing under certificate system--Days and hours of racing specified--License issued on basis of calendar year
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Each license issued under the certificate system shall describe the place and track or race course at which the licensee may hold such meetings. The authority conferred in any one license shall be limited to the calendar year for which it is issued. Every license shall specify th…
SDCL § 42-7-65 Transfer of license or stock ownership subject to approval--Standards applied
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All transfers of licenses to collect or disburse money under the certificate system or transfers of stock in a corporation holding a license shall be subject to prior review and approval by the commission, and the disclosure requirements as provided in §
SDCL § 42-7-66 Investigation of stock ownership--Failure to disclose
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The commission may conduct investigations to ascertain if any capital stock of any corporate applicant is held for an undisclosed principal. Failure to disclose a principal is a material false statement. Source: SL 1978, ch 302 , § 18; SL 1991, ch 349 , § 18.
SDCL § 42-7-67 Licensing of participants and track personnel--Maximum fee--Duration and privileges conferred--Fine, suspension or revocation
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The commission may grant, refuse, suspend, or withdraw licenses to every participant and employee engaged in racing under the certificate system as authorized in this chapter. The commission shall promulgate rules pursuant to chapter 1-26 to establish fees for licenses issued pur…
SDCL § 42-7-68 Allotment of racing days to applicants--Preference to past users--Annual scheduling--Procedure for simulcast or satellite facilities
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If an applicant is eligible to receive a license under the provisions of this chapter, the commission shall fix the racing days allotted to the applicant and issue a license for the holding of such meetings. Any racing association, agriculture, livestock, or fair exposition which…
SDCL § 42-7-71 South Dakota-bred racing fund--Use of fund
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One-fourth of all money received by the state treasurer under this chapter from licensees operating horse racing tracks shall be placed in a special revenue fund to be known as the South Dakota-bred racing fund. The fund shall be used by the commission to encourage horse racing a…
SDCL § 42-7-72 Repealed by SL 1983, ch 301 , § 2 42-7-73 Bonus paid to breeder of winner of South Dakota-bred race--Registration of qualifying horses
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42-7-74 42-7-74 , 42-7-75. Repealed by SL 1983, ch 301 , § 3 42-7-76 Contributions by win bettors--Minors prohibited from participating--Interest acquired--Certificates issued. 42-7-76.1 Accepting of large bets by persons other than licensee as felony. 42-7-76.2 Accepting of medi…
SDCL § 42-7-73 Bonus paid to breeder of winner of South Dakota - bred race--Registration of qualifying horses
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A sum equal to five percent of the first money of every purse won by a "South Dakota - bred" horse shall be paid by the licensee conducting the horse racing meeting to the breeder of such animal. The commission shall by rule provide for the definition and registration of all "Sou…
SDCL § 42-7-76 Contributions by win bettors--Minors prohibited from participating--Interest acquired--Certificates issued
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The certificate system shall expressly authorize the right of a licensee to collect and receive contributions of money from any person eighteen years or older toward the entry of any horse or dog in such race selected by such person to run first in the race, and the person contri…
SDCL § 42-7-76.1 Accepting of large bets by persons other than licensee as felony
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Any person who accepts bets in excess of two hundred dollars by any other persons, other than the licensee, on the outcome of any horse or dog race conducted pursuant to this chapter is guilty of a Class 6 felony. Source: SL 1987, ch 311 , § 1.
SDCL § 42-7-76.2 Accepting of medium bets as misdemeanor
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Any person who accepts bets of one hundred to two hundred dollars from any other persons on the outcome of any horse or dog race conducted pursuant to this chapter is guilty of a Class 1 misdemeanor. Source: SL 1987, ch 311 , § 2.
SDCL § 42-7-76.3 Accepting of small bets as misdemeanor
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Any person who accepts bets of less than one hundred dollars from any other persons on the outcome of any horse or dog race conducted pursuant to this chapter is guilty of a Class 2 misdemeanor. Source: SL 1987, ch 311 , § 3.
SDCL § 42-7-77 Place and show betting--Combinations of races for betting
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The licensee shall receive such contributions on horses or dogs selected to run second, third, or both, the method and procedure and the right of the licensee to be as specified in §§ 42-7-76 , 42-7-78 , and 42-7-79 , with reference to selection of a horse or dog to run first. An…
SDCL § 42-7-78 Deduction from pari - mutuel pool on horse race--Payments to winners
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As each horse race is run the licensee shall be authorized to deduct from the total sum contributed on all horses as first winners eighteen and one - quarter percent and the balance remaining on hand after deducting such percentage shall be paid out to the holders of certificates…
SDCL § 42-7-78.1 Additional deduction from pools on horse races--Distribution
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In addition to the deductions authorized by § 42-7-78 , a licensee of a horse track may deduct from the total sum contributed on horse races, except contributions on horse races in the win, place, or show pool, an additional three percent, which shall be retained by the licensee …
SDCL § 42-7-79 Deduction from pari - mutuel pool on dog race--Weekly remittances--Payments to winners
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As each dog race is run, the licensee shall deduct from the total sum contributed on all dogs as first winners eighteen and one - quarter percent of the amount thus contributed. This deduction shall be made from all sums contributed on dog races under the certificate system. Of t…
SDCL § 42-7-79.1 Additional deduction from some pools on dog races--Distribution
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In addition to the deductions authorized by § 42-7-79 , the dog racing licensees shall deduct from the total sum contributed on dog races, except contributions on dog races in the win, place, and show pool, an additional three and three - quarters percent on the dollars contribut…
SDCL § 42-7-80 Repealed by SL 2015, ch 63 , § 2
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42-7-81 Deduction of breakage from pari-mutuel payments--Licensee to retain breakage. 42-7-82 Time for claiming payments from pari-mutuel pool. 42-7-83
SDCL § 42-7-81 Deduction of breakage from pari - mutuel payments--Licensee to retain breakage
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Before any payment is made to a person who has contributed to a pari - mutuel pool, the licensee shall deduct the odd cents by which the amount payable to such person exceeds a multiple of ten cents, which shall be known as breakage. The licensee conducting the live race meet or …
SDCL § 42-7-82 Time for claiming payments from pari-mutuel pool
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Claims for any part of a redistribution from a pari-mutuel pool shall be made within one year from the date on which the race was held or be forever barred. Any sums so barred shall become the property of the licensee conducting the meet or providing the simulcast signal from the…
SDCL § 42-7-83 Repealed by SL 1989, ch 367 , § 6 42-7-84 Additional withholding by horse licensees
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42-7-84.1
SDCL § 42-7-84 Additional withholding by horse licensees
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The licensee of each horse racing track shall withhold and retain at the end of each week of racing, as additional compensation to the licensee, one and one - quarter percent of the total sum contributed. Source: SL 1972, ch 230 , § 2; SDCL Supp, § 42-7-23; SL 1974, ch 281 , §§ 2…
SDCL § 42-7-84.1 Repealed by SL 1989, ch 367 , § 8 42-7-85 Portion of horse-racing pari-mutuel pool paid to state
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42-7-86 42-7-86 , 42-7-87. Repealed by SL 1989, ch 367 , §§ 9, 10 42-7-88
SDCL § 42-7-85 Portion of horse - racing pari - mutuel pool paid to state
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A license to conduct racing under the certificate system shall further expressly provide that the licensee of any horse racing track shall remit to the state treasurer at the end of each week of racing, four - seventeenths of the total of all money retained as compensation by the…
SDCL § 42-7-88 Repealed by SL 1992, ch 303 , § 3 42-7-89 Payments to state in lieu of other taxes
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42-7-90 Audit of licensee by auditor-general--Reimbursement of expense. 42-7-91 Grounds for refusal, suspension, or withdrawal of license. 42-7-92 Legal representation of commission--Prosecution of violations. 42-7-93 Fine, revocation, or suspension of license after notice and he…
SDCL § 42-7-89 Payments to state in lieu of other taxes
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The payments required in §§ 42-7-63 , 42-7-79 , 42-7-85 , and 42-7-102 to be made by the licensee to the state treasurer are in lieu of all other or further excise or occupational taxes to the state or any county, municipality, or other political subdivision. Source: SDC 1939, § …
SDCL § 42-7-90 Audit of licensee by auditor - general--Reimbursement of expense
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The auditor - general shall, when requested by the commission, executive board of the Legislative Research Council, or the Governor, conduct audits and investigate the operations of any licensee. The commission shall reimburse the Department of Legislative Audit for all services …