South Dakota Code — 42
Browse 321 sections in division 42 of the South Dakota code. Each section page includes the full statutory text, official source links, and citation guidance.
Sections (showing up to 300)
- § 42-2-1. Operation of system authorized--Acquisition and maintenance of land and facilities.
- § 42-2-2. System operated independently, cooperatively, or by recreation board.
- § 42-2-3. Land used for conduct of recreation activities.
- § 42-2-4. Acceptance of gifts--Employment of personnel.
- § 42-2-5. School district tax levy for recreational purposes--Approval by rural and urban voters--County appropriation.
- § 42-2-6. County appropriation to support activities of the elderly.
- § 42-2-7. Expenditure of county fund for benefit of the elderly.
- § 42-2-8. Municipal appropriations to support activities of the elderly.
- § 42-2-9. Municipal expenditures for benefit of the elderly--Payments to nonprofit organizations.
- § 42-2-10. Cooperation by counties and municipalities in development and maintenance of parks and recreation areas.
- § 42-2-11. County and municipal appropriations for cooperative parks and recreation areas--Maximum amount.
- § 42-7-47. State policy in exercise of police powers.
- § 42-7-48. Definition of terms.
- § 42-7-56. Powers and responsibilities of commission on gaming.
- § 42-7-57. License required to hold race meeting or handle money under certificate system--Violation as misdemeanor.
- § 42-7-58. Authority for racing under certificate system--Issuance of license.
- § 42-7-58.1. Satellite facilities of horse or dog track licensees.
- § 42-7-58.2. Wagering on televised races--Request and reciprocal agreement.
- § 42-7-58.3. Approved simulcast races conducted on day assigned by commission.
- § 42-7-58.4. Distribution of contributions.
- § 42-7-58.5. Simulcast wagering in compliance with federal laws.
- § 42-7-58.6. Eligibility for license to operate satellite races absent conducting live meet.
- § 42-7-58.7. Consideration of applications for licenses for satellite facilities and multi-jurisdictional totalizator hubs--Restrictions.
- § 42-7-59. Filing of application for racing license or provision of simulcast signal--Contents.
- § 42-7-60. Bond required of applicant for license--Waiver--Revocation or suspension of license on nonpayment of fees or taxes.
- § 42-7-61. Application for new site submitted to county commissioners--Notice to county auditors--Provision for vote.
- § 42-7-62. Certification of votes on new racing site--Application forwarded to commission if approved by voters.
- § 42-7-63. Fee for collecting and disbursing money--Disposition.
- § 42-7-64. Contents of license for racing under certificate system--Days and hours of racing specified--License issued on basis of calendar year.
- § 42-7-65. Transfer of license or stock ownership subject to approval--Standards applied.
- § 42-7-66. Investigation of stock ownership--Failure to disclose.
- § 42-7-67. Licensing of participants and track personnel--Maximum fee--Duration and privileges conferred--Fine, suspension or revocation.
- § 42-7-68. Allotment of racing days to applicants--Preference to past users--Annual scheduling--Procedure for simulcast or satellite facilities.
- § 42-7-71. South Dakota-bred racing fund--Use of fund.
- § 42-7-73. Bonus paid to breeder of winner of South Dakota-bred race--Registration of qualifying horses.
- § 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 medium bets as misdemeanor.
- § 42-7-76.3. Accepting of small bets as misdemeanor.
- § 42-7-77. Place and show betting--Combinations of races for betting.
- § 42-7-78. Deduction from pari-mutuel pool on horse race--Payments to winners.
- § 42-7-78.1. Additional deduction from pools on horse races--Distribution.
- § 42-7-79. Deduction from pari-mutuel pool on dog race--Weekly remittances--Payments to winners.
- § 42-7-79.1. Additional deduction from some pools on dog races--Distribution.
- § 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.
- § 42-7-84. Additional withholding by horse licensees.
- § 42-7-85. Portion of horse-racing pari-mutuel pool paid to state.
- § 42-7-89. Payments to state in lieu of other taxes.
- § 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 hearing--Waiting period for new license after revocation.
- § 42-7-94. Decisions and orders in writing--Service on person affected.
- § 42-7-95. Judicial review of commission actions--Cost bond.
- § 42-7-96. Suspensions and fines by racing judges or stewards--Notice and hearing--Appeals--Reference to commission.
- § 42-7-97.1. Suspensions or revocations exceeding racing season.
- § 42-7-98. Receipts retained in special racing fund.
- § 42-7-98.1. Transfer of revenue in special racing fund--Procedure.
- § 42-7-101. Devices or expedients to increase horse's speed prohibited.
- § 42-7-102. Interstate combined wagering pool--Take-out of host jurisdiction or facility--Percentage to state.
- § 42-7-103. Combining pari-mutuel pools to establish interstate combined wagering pool.
- § 42-7-104. Physical location as place of business.
- § 42-7-105. Tax of wagers in interstate combined wagering pool.
- § 42-7-106. Breakage calculation for interstate combined wagering pool.
- § 42-7-107. Online horse and dog racing--Required licensure--Applicable taxation.
- § 42-7A-1. Definitions.
- § 42-7A-2. South Dakota Lottery established--Administration by executive director--Overall control and operation of games.
- § 42-7A-3. Executive director--Salary--Employment of personnel.
- § 42-7A-4. Functions of executive director.
- § 42-7A-5. Competitive bidding required before entering into contracts.
- § 42-7A-6. Investigation of vendors.
- § 42-7A-7. Subpoenas--Order to comply--Punishment by contempt.
- § 42-7A-8. Additional functions of executive director.
- § 42-7A-9. Lottery expenses and prizes to be paid from lottery funds--General funds not to be used or obligated--Exception.
- § 42-7A-10. Selection of lottery retailers.
- § 42-7A-11. Lottery retailers application fee--Annual renewal of contracts--Contracts not transferable or assignable.
- § 42-7A-12. Issuance of lottery retailer certificate--Display--Sales only at location on certificate.
- § 42-7A-13. Qualifications of lottery retailer.
- § 42-7A-14. Persons ineligible to be licensed by the lottery--Criminal background investigation of applicants, licensees, vendors, and employees.
- § 42-7A-15. Partnership as lottery retailer or video lottery machine operator.
- § 42-7A-16. Association or corporation as lottery retailer or video lottery machine operator.
- § 42-7A-17. Lottery Commission created--Appointment of members--Term of office--Qualifications--Chair.
- § 42-7A-18. Meetings--Quorum.
- § 42-7A-19. Commission to establish lottery operation policy--Approval of major procurements.
- § 42-7A-19.1. Sale of lottery products within exterior boundaries of Indian reservations.
- § 42-7A-20. Mileage and per diem paid commission members--Exception.
- § 42-7A-21. Rules and regulations.
- § 42-7A-22. Lottery operating fund--Continuous appropriation--Informational budget--Disbursements.
- § 42-7A-23. Amount from sale of tickets allocated for payment of prizes--Means of payment for prizes.
- § 42-7A-24. Transfer of net proceeds to state funds.
- § 42-7A-24.1. Acceptance and expenditure of funds obtained from federal sources, gifts, contributions and other sources.
- § 42-7A-24.2. Payment of expenditures.
- § 42-7A-25. Employment and direction of investigative personnel.
- § 42-7A-26. Appointment of assistant attorney general to assist in enforcement.
- § 42-7A-27. Commission members or lottery employees not to have interest in lottery contracts or to accept gifts or loans from persons or businesses contracting with lottery--Violation as misdemeanor.
- § 42-7A-28. Persons contracting to supply materials, tickets or consulting services not to give gifts or loans to commission members or lottery employees--Violation as misdemeanor.
- § 42-7A-29. Removal from office for violation of conflict of interest provisions--Application of other conflict of interest statutes.
- § 42-7A-30. Counterfeiting lottery tickets Class 6 felony.
- § 42-7A-31. Sale of tickets at price greater than that fixed by rules prohibited--Sale by authorized retailer only--Violation.
- § 42-7A-32. Sale of ticket to person under eighteen prohibited--Violation--Gift of ticket to person under eighteen permitted--Prize paid to parent or guardian.
- § 42-7A-33. Purchase of ticket or payment of prize to certain persons prohibited--Exceptions.
- § 42-7A-34. Prize paid to holder of winning ticket--Deceased winner's prize paid to representative--Right to prize nonassignable--Prizes subject to taxation--Disposition of unclaimed prize--Liability of lottery after payment of prize.
- § 42-7A-36. Certain mechanical or electronic devices prohibited--Violation as felony--Devices as nuisances.
- § 42-7A-37. Requirements for licensed video lottery machines.
- § 42-7A-37.1. Restrictions on licensed establishment.
- § 42-7A-38. Limit on amount played and awards given.
- § 42-7A-39. Display of license for video lottery machine--Confiscation--Violation as felony.
- § 42-7A-40. Examination of video lottery machines--Costs paid by manufacturer--Contract for examination.
- § 42-7A-41. Video lottery machine manufacturer, distributor, operator, and establishment licenses required--Fees.
- § 42-7A-41.1. Video lottery operating fund established.
- § 42-7A-41.2. Posting video lottery odds required.
- § 42-7A-42. Multiple types of licenses prohibited.
- § 42-7A-43. Licenses--Background investigation required--Eligibility--Qualifications--Promulgation of rules.
- § 42-7A-44. Rules for placement of video lottery machines--Number limited--Placement in bar or lounge with on-sale license.
- § 42-7A-44.1. Denial or revocation of license for noncompliance.
- § 42-7A-44.2. On-sale license--Municipal event center or recreation facility--Placement of video lottery machines prohibited.
- § 42-7A-45. Video lottery machine income--Remittance to state--False report as felony--Records--Penalty.
- § 42-7A-46. Tampering with video lottery machine as misdemeanor.
- § 42-7A-47. Manipulating outcome, payoff, or operation of video lottery machine as felony.
- § 42-7A-48. Age limit and legal hours of operation for video lottery machines.
- § 42-7A-49. Lottery products on Indian reservations authorized.
- § 42-7A-50. Confidentiality of lottery records.
- § 42-7A-50.1. Prize winner personal information--Consent to make public.
- § 42-7A-51. Lottery setoff program established--Computerized file of persons owing state.
- § 42-7A-52. Debt setoff from prize due--Notice of right to appeal--Time limitation--Transfer of setoff amount to agency.
- § 42-7A-53. Commission, employees, and lottery discharged from liability.
- § 42-7A-54. Apportionment of prize among agencies--Priority of child support payments.
- § 42-7A-55. Collection of remainder of debt.
- § 42-7A-56. Public policy declared.
- § 42-7A-57. Approval or disapproval of license applications.
- § 42-7A-58. Reapplication for license after denial or revocation.
- § 42-7A-59. False statements in license applications--Perjury.
- § 42-7A-60. Executive or closed meetings permitted.
- § 42-7A-62. Collection of fee--Deposit in general fund.
- § 42-7A-63. State's percentage of net machine income--Deposit into general fund and video lottery operating fund.
- § 42-7A-64. Additional criteria for on-sale alcoholic beverage licensees in video lottery licensed establishments.
- § 42-7B-1. Limited gaming authorized within city of Deadwood.
- § 42-7B-2. Authority conditioned--Repeal.
- § 42-7B-2.1. Public policy.
- § 42-7B-3. Regulation by commission.
- § 42-7B-4. Definition of terms.
- § 42-7B-5. Disposition of proceeds.
- § 42-7B-6. South Dakota Commission on Gaming created.
- § 42-7B-7. Promulgation of rules--Enforcement of chapter.
- § 42-7B-7.1. Commission may suspend gaming at its discretion.
- § 42-7B-8. Regular and special meetings--Quorum--Cost of special meeting requested by person other than chair, two members, or Governor.
- § 42-7B-8.1. Purposes for executive or closed meetings.
- § 42-7B-9. Appointment and removal of executive secretary--Duties--Salary.
- § 42-7B-9.1. Executive secretary's access to files and records.
- § 42-7B-10. Compensation for commission members--Expenses paid.
- § 42-7B-11. Powers of commission.
- § 42-7B-12. Appeal of final action of commission--Denial of license not appealable.
- § 42-7B-13. Powers of attorney general pursuant to chapter.
- § 42-7B-14. Maximum amount of bets.
- § 42-7B-15. Approval of rules for certain games.
- § 42-7B-16. Maximum number of gaming devices per license.
- § 42-7B-17. Responsibilities of operator.
- § 42-7B-18. Identification of retail floor plan--Approval--License granted only to retailer--Location of devices.
- § 42-7B-19. Approval or disapproval of license.
- § 42-7B-19.1. Denial of application--Reapplication.
- § 42-7B-19.2. Investigation of license applicant--Failure to allow.
- § 42-7B-20. Holding license by certain persons prohibited.
- § 42-7B-21. Application fee and form.
- § 42-7B-22. Licenses--Fees--Renewal--Violation as felony.
- § 42-7B-22.1. Licensing of key employee may be required--Grounds--Time limit for response from employee--Written request to review status as key employee.
- § 42-7B-23. Annual license stamp fee--Transfer of license stamp.
- § 42-7B-24. License revocable--Not transferable.
- § 42-7B-25. Qualifications for license as operator, gaming property owner, retailer, or provider.
- § 42-7B-25.1. Internal control procedure for particular licensee may be established.
- § 42-7B-27. Employee support license--Qualifications.
- § 42-7B-28. Gaming tax.
- § 42-7B-28.1. Additional tax on gaming proceeds.
- § 42-7B-28.2. Calculation of adjusted gross proceeds.
- § 42-7B-29. Return and remittance--Forms furnished by secretary.
- § 42-7B-30. Violations of taxation provisions punishable as felony or misdemeanor.
- § 42-7B-31. Failure to file--Penalties.
- § 42-7B-32. Suspension or revocation of license--Grounds--Reprimand or monetary penalty.
- § 42-7B-33. Person involved as manufacturer, distributor, operator, retailer, gaming property owner, provider, key employee, or support licensee--Qualifications.
- § 42-7B-35. Age of participants--Violation as misdemeanor.
- § 42-7B-36. Minimum payback value of credit.
- § 42-7B-37. Exemption from federal law.
- § 42-7B-38. Shipments of devices and machines deemed legal.
- § 42-7B-39. Shipping records required to be maintained--Report by recipient--Transport out of state--Violation as felony.
- § 42-7B-39.1. Shipping records delivered to commission.
- § 42-7B-39.2. Destruction of seized slot machine.
- § 42-7B-40. Licensed employee twenty-one years or older required on premises.
- § 42-7B-41. False statement or records--Failure to keep books and records--Violations as felony.
- § 42-7B-42. Unlawful acts by participants--Felony.
- § 42-7B-43. Slot machines and wagering equipment--Security and audit specifications.
- § 42-7B-44. Expenditure of public funds for purchase of certain machines--Proceeds--Placement.
- § 42-7B-45. Extension of credit prohibited--Violation as felony.
- § 42-7B-46. Historic restoration and preservation fund created.
- § 42-7B-47. Gaming exempt from certain statutes.
- § 42-7B-48. South Dakota gaming commission fund--Deposits--Continuous appropriation--Disbursements.
- § 42-7B-48.1. South Dakota gaming commission fund--Further distributions.
- § 42-7B-48.2. General state aid to school districts reduced by payments from Gaming Commission fund.
- § 42-7B-48.3. Gaming addiction treatment and counseling program grants from Gaming Commission fund.
- § 42-7B-49. Acceptance and expenditure of funds by commission.
- § 42-7B-50. Payment of expenditures.
- § 42-7B-52. Taxes and fees to support identified entities.
- § 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 unmarked vehicles.
- § 42-7B-58. Records--Confidentiality--Exception for official purposes and tax purposes.
- § 42-7B-59. Certain communications between commission and secretary privileged and confidential.
- § 42-7B-60. Exclusion or ejection of certain persons from gaming establishments necessary.
- § 42-7B-61. List of persons to be excluded--Entrance in violation as misdemeanor--Penalty for failure to exclude or eject persons on list.
- § 42-7B-62. Notice to excluded person.
- § 42-7B-64. "Gaming contract" defined.
- § 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 and reports.
- § 42-7B-69. Manufacture of gaming devices or equipment for exportation.
- § 42-7B-70. Provision applicable to manufacture of gaming devices and equipment for exportation.
- § 42-7B-71. Provision of interlink communications service to slot machines--Not applicable in Deadwood.
- § 42-7B-72. Lien for tax, penalty or interest due--Notice of tax lien filed with register of deeds--Priority.
- § 42-7B-73. Distress warrant--Seizure and sale of personal property.
- § 42-7B-74. Personal liability of corporate officers, member-managers or managers of limited liability companies, or partners--Bond or certificate of deposit.
- § 42-7B-75. Cancellation or revocation of voluntarily surrendered license.
- § 42-7B-76. Sports wagering receipts maintained separately.
- § 42-7B-77. Advance deposit sports wagering--Account requirements.
- § 42-7B-78. Advance deposit sports wagering--Establishing account--Duty to retain application--Application considered record.
- § 42-7B-79. Advance deposit sports wagering restrictions--Required equipment.
- § 42-7B-80. Investigation conducted by sport's governing body.
- § 42-7B-81. Licensee's duty to report criminal or disciplinary proceeding--Commission may share information.
- § 42-7B-82. Betting prohibited on certain events.
- § 42-7B-83. Certain persons prohibited from betting.
- § 42-8-1. Safety and uniformity as policy of state.
- § 42-8-1.2. Governor authorized to prohibit or restrict use of certain waterways.
- § 42-8-1.3. Notice of restriction or prohibition.
- § 42-8-1.4. Violation of prohibition or restriction as misdemeanor.
- § 42-8-2. Definition of terms.
- § 42-8-2.1. "Underway" defined.
- § 42-8-39. Waste treatment requirements for kitchen and toilet facilities--Violation as misdemeanor.
- § 42-8-41. Boats--Required equipment--Penalty.
- § 42-8-42. Muffler required--Use of cutouts prohibited--Racing boats excepted.
- § 42-8-44.1. Allowable area of operation of diver in underwater activity--Display and design of diver-down flag--Violation as misdemeanor.
- § 42-8-44.2. Operation of boat or other surface activity in diver's allowable area prohibited--Violation as misdemeanor.
- § 42-8-45. Operation of boat under influence of alcohol or drugs as misdemeanor.
- § 42-8-45.1. Arrest without a warrant--Probable cause.
- § 42-8-45.2. Submission to breath test upon accident or violation--Chemical test.
- § 42-8-45.3. Lawful use of drug no defense.
- § 42-8-45.4. Amount of alcohol in blood--Presumptions.
- § 42-8-45.5. Competent evidence not limited.
- § 42-8-45.6. Operation of boat on public waters as consent to be tested.
- § 42-8-45.7. Persons authorized to take breath or other bodily substance specimen--Liability.
- § 42-8-45.8. Testing to be done under supervision of arresting officer--Breath test by person possessing permit.
- § 42-8-45.9. Choice of additional testing.
- § 42-8-45.10. Availability of test results.
- § 42-8-45.11. Costs of testing and witness expenses as costs in the action.
- § 42-8-46. Reckless operation of boat as misdemeanor.
- § 42-8-48. Waterskiing and surfboarding prohibited during hours of darkness--Violation as misdemeanor.
- § 42-8-49. Two persons required in boat towing skis or aquaplane--Exception for wide angle mirror--Violation as misdemeanor.
- § 42-8-50. Skiing requirements waived for exhibitions and regattas.
- § 42-8-51. Operation to cause collision by skier or surfboarder prohibited--Violation as misdemeanor.
- § 42-8-52. Tampering with or unlawful operation of boat as misdemeanor.
- § 42-8-54. Application for permission for regatta, race or exhibition--Conducting unauthorized event as misdemeanor.
- § 42-8-56. Operator of boat involved in accident to render assistance to other persons--Violation as misdemeanor.
- § 42-8-57. Operator of boat involved in accident to reveal identification--Violation as misdemeanor.
- § 42-8-58. Notice of accident to be filed with department--Investigation of accidents--Violation as misdemeanor.
- § 42-8-58.1. Watercraft hit and run resulting in death or injury--Penalty.
- § 42-8-60. Records maintained by owners of boats for hire--Preservation and inspection of records--Violation as misdemeanor.
- § 42-8-63. Application by political subdivision for special rules applicable therein.
- § 42-8-66. Enforcement of chapter by law enforcement officers--Stopping and boarding of boats.
- § 42-8-67. Boundary waters--Concurrent jurisdiction with adjoining states.
- § 42-8-68. Sailboards exempt.
- § 42-8-69. Age requirement for driving certain motorboats--Violation as misdemeanor.
- § 42-8-102. Personal watercraft--Rules of operation--Age requirement--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.
- § 42-10-1. Amusement ride defined.
- § 42-10-2. Liability insurance requirement.
- § 42-10-2.1. Proof of liability insurance required.
- § 42-10-3. Local government inspection.
- § 42-10-4. Annual inspection.
- § 42-10-5. Inspection affidavit.
- § 42-10-6. Daily inspection--Standards--Record.
- § 42-10-7. Inspection following modification.
- § 42-10-8. Certified amusement ride inspector defined.
- § 42-10-9. Rider obedience of rules, warnings, and oral or prerecorded instructions--Contributory negligence.
- § 42-11-1. Definition of terms.
- § 42-11-2. Persons exempt from liability.
- § 42-11-3. Conduct not exempt from liability.
- § 42-11-4. Warranty or trespass unaffected.
- § 42-11-5. Warning signs--Placement--Size.
- § 42-12-1. 42-12-1 to 42-12-7. Repealed by SL 2009, ch 219, § 8, eff. July 1, 2012.
- § 42-12-7.1. Repealed.
- § 42-12-7.2. Definitions.
- § 42-12-8. South Dakota Athletic Commission created.
- § 42-12-8.1. Terms--Vacancies.
- § 42-12-8.2. Meetings--Quorum.
- § 42-12-8.3. Officers.
- § 42-12-8.4. Per diem--Expenses.
- § 42-12-8.5. Immunity from personal liability.
- § 42-12-8.6. Liability coverage.
- § 42-12-9. Commission authority--Compliance.
- § 42-12-9.1. Powers and duties of commission.