The amendment completely rewrites the gaming revenue distribution formula, replacing a phased transition plan (gradually shifting funds from the state general fund to Deadwood between 2026-2029) with a permanent fixed distribution that gives Deadwood 71% of remaining funds and the state general fund only 25%—fundamentally reversing the original bill's intent to prioritize state revenues over local historic preservation. The bill was extensively amended (hoghoused) and may no longer reflect the sponsor's original purpose.
26.542.16 26.542.17 101st Legislative Session 102 2026 South Dakota Legislature Senate Bill 102 SENATE APPROPRIATIONS ENGROSSED This bill has been extensively amended (hoghoused) and may no longer be consistent with the original intention of the sponsor. Introduced by: Senator Deibert Underscores indicate new language. Overstrikes indicate deleted language. An Act to modify the distribution of gaming revenues. 1 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 2 Section 1. That § 42-7B-48 be AMENDED: 3 42-7B-48. There is established within the state treasury the South Dakota Gaming 4 Commission fund, into which shall be deposited the proceeds from the gaming tax, license 5 stamp fees, license fees, application fees, the net proceeds generated by the operation of 6 the five-cent slot machines, and the initial fund is continuously appropriated for the 7 purposes specified in this section. All funds received by the commission shall be set forth 8 in an informational budget as described in § 4-7-7.2 and be annually reviewed by the 9 Legislature. Any disbursement from the Gaming Commission fund shall be by 10 authorization of the executive secretary for any of the following purposes: 11 (1) Forty percent of the gaming tax collected shall be transferred to the tourism 12 promotion fund created in § 1-52-17, and ten percent of the gaming tax collected 13 shall be paid to Lawrence County; 14 (2) The expenses of the commission for administration and operation including 15 litigation and enforcement of this chapter and chapter 42-7 and for grants as 16 provided by § 42-7B-48.3; and 17 (3) All funds remaining after the payments provided in subdivisions (1) and (2), less 18 one hundred thousand dollars which shall be transferred to the historical 19 preservation loan and grant fund created in § 1-19A-13.1 constitute the net 20 municipal proceeds and shall be disbursed at least quarterly to the City of 21 Deadwood for deposit in the historic restoration and preservation fund in 22 accordance with § 42-7B-48.1. 23 Section 2. That § 42-7B-48.1 be AMENDED: 3 24 26.542.17 2 102 Underscores indicate new language. Overstrikes indicate deleted language. 42-7B-48.1. Disbursements from the Gaming Commission fund shall be as set 4 1 forth in § 42-7B-48 until such time as the net municipal proceeds paid to the City of 5 2 Deadwood equals six million eight hundred thousand dollars for each year, and after 6 After 3 payment of commission expenses pursuant to subdivision 42-7B-48(2), and after payment 7 4 of one hundred thousand dollars to the State Historical Preservation Grant and Loan fund 8 5 pursuant to subdivision 42-7B-48(3).Thereafter, 42-7B-48(3). Thereafter, all 9 All remaining funds shall moneys must be distributed 6 as follows: 10 7 (1) Seventy Twenty-five percent to the state To the general fund; 11 (a) In 2026, seventy percent; 12 (b) In 2027, forty percent; 13 (c) In 2028, thirty percent; and 14 (d) In 2029, and each year thereafter, twenty percent; 15 8 (2) Ten Three and three-tenths percent to be distributed to municipalities in Lawrence 9 County, except the City 16 of Deadwood, pro rata according to their population; 17 10 (3) Ten Seven-tenths percent to be distributed to school districts, districts that do not receive 11 state aid for general education, pro rata based upon the previous 18 year's average 12 daily membership, located in whole or in part, in Lawrence County. 19 For any school 13 district located only partly in Lawrence County, only that portion of 20 the district's 14 average daily attendance which represents students residing in 21 Lawrence County 15 shall be considered in calculating the proration required by this 22 subdivision; and 23 16 (4) Ten Seventy-one percent to To the City of Deadwood for deposit in the historic 17 restoration and 24 preservation fund; 25 (a) In 2026, ten percent; 26 26.542.16 2 102 Underscores indicate new language. Overstrikes indicate deleted language. (b) In 2027, forty percent; 1 (c) In 2028, fifty percent; and 2 (d) In 2029, and each year thereafter, sixty percent. 3 fund. 18