Title 42 — RECREATION AND SPORTS
14 chapters · 366 sections in this title.
SDCL § 42-7B-44 Expenditure of public funds for purchase of certain machines--Proceeds--Placement
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The City of Deadwood may expend public funds for the purchase of five-cent or less slot machines and may own or lease no more than fifty five-cent or less slot machines to be placed within the city. The machines shall be licensed and stamped by the commission; however, no license…
SDCL § 42-7B-45 Extension of credit prohibited--Violation as felony
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No licensed gaming establishment, licensee acting within the scope of employment as a licensee, or employee of a licensed gaming establishment acting within the scope of the employee's employment may extend credit to another person for participation in gaming. A violation of this…
SDCL § 42-7B-46 Historic restoration and preservation fund created
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There is hereby created within the City of Deadwood a special fund to be known as the historic restoration and preservation fund. The Deadwood city commission shall appropriate amounts from this fund, remaining in any fiscal year after provision for the requirements of any revenu…
SDCL § 42-7B-47 Gaming exempt from certain statutes
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Gaming is exempt from §§ 53-9-2 , 22-25-13 , and 22-25-14 and all other acts in conflict with this chapter. Source: SL 1989, ch 374 , § 42; SL 2021, ch 189 , § 14.
SDCL § 42-7B-48 South Dakota Gaming Commission fund established--Disbursements
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There is established within the state treasury the South Dakota Gaming Commission fund, into which shall be deposited the proceeds from the gaming tax, license stamp fees, license fees, application fees, the net proceeds generated by the operation of the five-cent slot machines, …
SDCL § 42-7B-48.1 Distribution of funds following payment to City of Deadwood
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Disbursements from the Gaming Commission fund shall be as set forth in § 42-7B-48 until such time as the net municipal proceeds paid to the City of Deadwood equals six million eight hundred thousand dollars for each year, and after payment of commission expenses pursuant to subdi…
SDCL § 42-7B-48.2 General state aid to school districts reduced by payments from Gaming Commission fund
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Payments received by a school district in accordance with subdivision 42-7B-48.1 (3), shall reduce on a dollar for dollar basis any general state aid otherwise payable to the school district. However, no state aid payments received by a school district pursuant to §§ 13-13-82 and…
SDCL § 42-7B-48.3 Gaming addiction treatment and counseling program grants from Gaming Commission fund
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The commission may grant an amount not to exceed thirty thousand dollars each fiscal year from the Gaming Commission fund to the Department of Social Services to fund gaming addiction treatment and counseling programs in the state. Source: SL 2006, ch 222 , § 1; SL 2011, ch 1 (Ex…
SDCL § 42-7B-49 Acceptance and expenditure of funds by commission
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The South Dakota Gaming Commission may accept and expend for the purpose of this chapter and chapter 42-7 , in addition to the amount in SL 1989, ch 374, § 43A, any funds obtained from federal sources, gifts, contributions, or any other source if such acceptance and expenditure i…
SDCL § 42-7B-5 Disposition of proceeds
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The entire net municipal proceeds of gaming shall be devoted to the historic restoration and preservation of the city of Deadwood as provided in this chapter. The term, historic restoration and preservation, shall be interpreted liberally in scope and effect. Source: SL 1989, ch …
SDCL § 42-7B-50 Payment of expenditures
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Expenditures authorized by this chapter and chapter 42-7 shall be paid on warrants drawn by the state auditor on vouchers approved by the executive secretary of the South Dakota Gaming Commission. Source: SL 1989, ch 374 , § 43C; SL 1991, ch 349 , § 40. 42-7B-51. Repealed by SL 1…
SDCL § 42-7B-51 Repealed by SL 1990, ch 343 , § 28 42-7B-52 Taxes and fees to support identified entities
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42-7B-53 Statement of public policy--Equipment not subject to certain exclusive agreements. 42-7B-54 Anticipatory revenue bonds. 42-7B-55 Certain gambling statutes not applicable. 42-7B-56 Appointment of commission employee as law enforcement officer. 42-7B-57 Commission use of u…
SDCL § 42-7B-52 Taxes and fees to support identified entities
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Notwithstanding any other provision of law to the contrary, the taxes and fees provided in this chapter shall go into effect to support the entities identified in this chapter. Source: SL 1989, ch 374 , § 43E.
SDCL § 42-7B-53 Statement of public policy--Equipment not subject to certain exclusive agreements
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It is the public policy of this state that gaming equipment authorized and approved by the commission may not be subject to any exclusive agreements entered prior to March 15, 1989. Source: SL 1989, ch 374 , § 43F.
SDCL § 42-7B-54 Anticipatory revenue bonds
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The City of Deadwood may issue revenue bonds in anticipation of the receipt of net municipal proceeds as provided in subdivision 42-7B-48 (3). The proceeds of the sale of such revenue bonds shall be deposited in the Deadwood historic restoration and preservation fund and used for…
SDCL § 42-7B-55 Certain gambling statutes not applicable
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Sections 21-6-1 , 21-6-2 , and 53-9-2 do not apply to authorized gaming and lotteries. Source: SL 1990, ch 343 , § 1.
SDCL § 42-7B-56 Appointment of commission employee as law enforcement officer
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The commission may appoint an employee to be a law enforcement officer pursuant to §
SDCL § 42-7B-57 Commission use of unmarked vehicles
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The commission may exempt certain of its motor vehicles from the provisions of §§ 32-5-43 and 32-5-44 in order to provide unmarked vehicles to its employees and agents. Source: SL 1990, ch 343 , § 4.
SDCL § 42-7B-58 Records--Confidentiality--Exception for official purposes and tax purposes
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Information and records of the Commission on Gaming enumerated by this section are confidential and may not be disclosed except pursuant to a court order. No person may use a subpoena, discovery, or other applicable statutes to obtain such information or records. Information and …
SDCL § 42-7B-59 Certain communications between commission and secretary privileged and confidential
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Communications between the commission and the executive secretary relating to licensing, disciplining of licensees, or violations by licensees are privileged and confidential if made lawfully and in the course of and in furtherance of the business of the commission on gaming, exc…
SDCL § 42-7B-6 South Dakota Commission on Gaming created
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There is hereby created the South Dakota Commission on Gaming. The commission is attached to the Department of Revenue for reporting purposes only. The commission shall consist of five citizens of South Dakota, all of whom shall be appointed by the Governor of the State of South …
SDCL § 42-7B-60 Exclusion or ejection of certain persons from gaming establishments necessary
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The Legislature hereby declares that the exclusion or ejection of certain persons from licensed gaming establishments is necessary to carry out the policies of this chapter and to maintain effectively the strict regulation of licensed gaming. Source: SL 1990, ch 343 , § 24.
SDCL § 42-7B-61 List of persons to be excluded--Entrance in violation as misdemeanor--Penalty for failure to exclude or eject persons on list
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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…
SDCL § 42-7B-62 Notice to excluded person
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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…
SDCL § 42-7B-63 Repealed by special referendum election held September 14, 1993 42-7B-64 "Gaming contract" defined
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42-7B-65 Copy of any process or pleading to the commission. 42-7B-66 Copies of all proposed gaming contracts to the executive secretary. 42-7B-67 Notification by licensee of involvement in gaming operations out of state or on any Indian reservation. 42-7B-68 Fees for publication …
SDCL § 42-7B-64 "Gaming contract" defined
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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 …
SDCL § 42-7B-65 Copy of any process or pleading to the commission
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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. …
SDCL § 42-7B-66 Copies of all proposed gaming contracts to the executive secretary
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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 o…
SDCL § 42-7B-67 Notification by licensee of involvement in gaming operations out of state or on any Indian reservation
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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 additi…
SDCL § 42-7B-68 Fees for publication and reports
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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.
SDCL § 42-7B-69 Manufacture of gaming devices or equipment for exportation
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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.
SDCL § 42-7B-7 Promulgation of rules--Enforcement of chapter
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The commission may promulgate rules, pursuant to chapter 1-26 , for the orderly transaction and conduct of its business and the substantive rules that it may determine proper concerning: (1) The issuance, revocation, and suspension of gaming licensees; (2) The division of limited…
SDCL § 42-7B-7.1 Commission may suspend gaming at its discretion
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The commission may suspend gaming after a disaster such as flood, fire, earthquake or in the event of war or national emergency, for such period of time, as in its discretion, it deems appropriate. Source: SL 1990, ch 343 , § 30.
SDCL § 42-7B-70 Provision applicable to manufacture of gaming devices and equipment for exportation
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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.
SDCL § 42-7B-71 Provision of interlink communications service to slot machines--Not applicable in Deadwood
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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 t…
SDCL § 42-7B-72 Lien for tax, penalty or interest due--Notice of tax lien filed with register of deeds--Priority
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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…
SDCL § 42-7B-73 Distress warrant--Seizure and sale of personal property
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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 ta…
SDCL § 42-7B-74 Personal liability of corporate officers, member-managers or managers of limited liability companies, or partners--Bond or certificate of deposit
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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, memb…
SDCL § 42-7B-75 Cancellation or revocation of voluntarily surrendered license
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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 revocat…
SDCL § 42-7B-76 Sports wagering receipts maintained separately
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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.
SDCL § 42-7B-77 Advance deposit sports wagering--Account requirements
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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 b…
SDCL § 42-7B-78 Advance deposit sports wagering--Establishing account--Duty to retain application--Application considered record
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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 commissi…
SDCL § 42-7B-79 Advance deposit sports wagering restrictions--Required equipment
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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 equip…
SDCL § 42-7B-8 Regular and special meetings--Quorum--Cost of special meeting requested by person other than chair, two members, or Governor
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The commission may hold regular and special meetings at such times and places as it may deem convenient, but at least one regular meeting shall be held quarterly. A majority of the appointed members constitutes a quorum of the commission, and a special meeting may be called by th…
SDCL § 42-7B-8.1 Purposes for executive or closed meetings
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In addition to the provisions of § 1-25-2 , the commission may hold executive or closed meetings for any of the following purposes: (1) Considering applications for licensing when discussing the background investigations or personal information; (2) Meeting with gaming officials …
SDCL § 42-7B-80 Investigation conducted by sport's governing body
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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 infor…
SDCL § 42-7B-81 Licensee's duty to report criminal or disciplinary proceeding--Commission may share information
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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 sport…
SDCL § 42-7B-82 Betting prohibited on certain events
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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 e…
SDCL § 42-7B-83 Certain persons prohibited from betting
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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 po…
SDCL § 42-7B-9 Appointment and removal of executive secretary--Duties--Salary
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The commission shall appoint, and may remove, an executive secretary who shall serve at the pleasure of the commission and who shall be responsible for the conduct of the commission's administrative matters and who shall devote full time and attention to the business of his offic…