42-7-56.   Powers and responsibilities of commission on gaming. 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 effectively preventing the use of any substance, compound items, or combination thereof of any medicine, narcotic, stimulant, depressant, or anesthetic which could alter the normal performance of a racing animal unless specifically authorized by the commission;

             (5)      Supervise and check the making of pari-mutuel pools, pari-mutuel machines, and equipment used within the state;

             (6)      Promulgate rules pursuant to chapter 1-26 governing, restricting, or regulating bids on licensees' concessions and leases on equipment;

             (7)      Approve all proposed extensions, additions, or improvements to the buildings, stables, or tracts upon property owned or leased by a licensee;

             (8)      Exclude from race courses or other pari-mutuel facilities any person who violates the racing laws or any rule or order of the commission or is not eligible for licensing in another racing jurisdiction;

             (9)      Compel the production of all documents showing the receipts and disbursements of any licensee and determine the manner in which the financial records shall be kept;

             (10)      Investigate the operations of any licensee and cause the various places where the certificate system is operated to be visited and inspected at reasonable intervals for the purpose of satisfying itself that the rules are strictly complied with;

             (11)      Request appropriate state officials to perform inspections necessary for the health and safety of spectators, employees, participants, and animals that are lawfully on the race track;

             (12)      License all participants in the racing industry and require and obtain such information as the commission deems necessary from licensed applicants;

             (13)      Promulgate and enforce additional rules pursuant to chapter 1-26, and conditions under which all horse and dog races held shall be conducted and promulgate rules pursuant to chapter 1-26 to preserve the integrity and security of racing;

             (14)      License all facilities at which money is collected or disbursed under the certificate system;

             (15)      Promulgate rules pursuant to chapter 1-26 for the authorization, regulation, and auditing of account wagering on horse and dog racing authorized by this chapter;

             (16)      Promulgate rules pursuant to chapter 1-26 regarding the licensing and regulation of multi-jurisdictional totalizator hubs and the employees of such facilities; and

             (17)      Promulgate rules pursuant to chapter 1-26 to establish application fees and initial system audit fees that shall be used to conduct the background investigation of the applicant and the initial system audit of the multi-jurisdictional totalizator hub. If the commission or the executive secretary determines that the actual cost of the background investigation or initial system audit will exceed the amount of the fees paid, the commission may assess the actual cost of the background investigation or initial system audit, including the costs for personnel and travel, against the applicant.

Source: SDC 1939, § 53.0502; SL 1949, ch 213; SDCL, § 42-7-7; SL 1978, ch 302, § 9; SL 1985, ch 331, §§ 2, 5; SL 1986, ch 22, § 20; SL 1990, ch 339, § 2; SL 1991, ch 349, § 9; SL 2005, ch 229, § 1.

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