Title 42 — RECREATION AND SPORTS

[Repealed or reserved.]

Any county, municipality, or school district may operate a system of public recreation and playgrounds, and for such purpose may acquire, equip, and maintain land, buildings, or other recreational facilities, and expend its funds therefor. Source: SDC 1939, § 53.0301.

The boards of county commissioners of the several counties of this state or the governing body of any municipality therein may cooperate with the Department of Game, Fish and Parks, or with each other, in the acquisition, development, and maintenance of parks and recreation areas…

For the purpose of carrying out the provisions of § 42-2-10 , the board of county commissioners or the municipal governing body may appropriate out of their general fund a sum not to exceed five thousand dollars per year. Source: SL 1953, ch 117 , § 2; SDC Supp 1960, § 12.0617-6;…

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

Any recreation board created pursuant to § 42-2-2 or any public corporation operating such recreation system may conduct its activities on: (1) Property under its custody and management; (2) Other public property, under custody of another public corporation or board, with the con…

Any public corporation or board operating a recreational system pursuant to this chapter may accept gifts or bequests for the benefit of such recreational service and may employ supervisors and directors of recreational work. Source: SDC 1939, § 53.0304.

Any school district delegating the operation of a recreational system to a recreation board may levy a tax of not to exceed one dollar per thousand dollars of taxable valuation on all taxable property, which levy shall be in addition to all other levies and exclusive of any levy …

The board of county commissioners may appropriate from the county general fund to promote, establish, and maintain recreational, educational, and other activities for the elderly. Source: SL 1970, ch 244 ; SL 1985, ch 77 , § 28.

A board pursuant to § 42-2-6 may make expenditures from time to time to benefit the elderly. The board may make expenditures to nonprofit corporations or associations engaged in aiding activities of the elderly. Source: SL 1970, ch 244 ; SL 1971, ch 243 ; SL 1985, ch 77 , § 29.

The governing body of a municipality may in its discretion appropriate money to promote, establish, and maintain recreational, educational, and other activities of the elderly. Source: SL 1970, ch 243 ; SL 1978, ch 62 , § 32.

A governing body pursuant to § 42-2-8 may by resolution, make expenditures from an appropriation as it may from time to time determine will be of benefit to the elderly. A governing body may make payment from an appropriation or any part thereof within its discretion to nonprofit…

The commission may revoke the appointment at any time. Source: SL 1990, ch 343 , § 3.

Source: SL 2023, ch 132 , § 2.

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…

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 …

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…

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.

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.

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.

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…

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…

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 …

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 …

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…

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 …

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…

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.

All contributions received pursuant to §§ 42-7-58.2 to 42-7-58.5 , inclusive, shall be distributed pursuant to §

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…

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.

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…

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…

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…

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 …

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…

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…

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…

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 §

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.

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…

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…

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…

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…

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…

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…

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.

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.

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.

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…