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South Dakota Wagering on Sporting Events in the City of Deadwood Initiative (2020)

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South Dakota Wagering on Sporting Events in the City of Deadwood Initiative
Flag of South Dakota.png
Election date
November 3, 2020
Topic
Gambling
Status
Not on the ballot
Type
Constitutional amendment
Origin
Citizens


The South Dakota Wagering on Sporting Events in the City of Deadwood Initiative was not on the ballot in South Dakota as an initiated constitutional amendment on November 3, 2020.

Measure design

The measure would have amended the state constitution to authorize wagering on sporting events within the City of Deadwood in South Dakota. As of 2019, the South Dakota Constitution authorized roulette, keno, craps, limited card games and slot machines within the city limits of Deadwood.[1]

The entire net municipal proceeds of such gambling activities are devoted to the Historic Restoration and Preservation of Deadwood, as of 2019. The measure would have amended the constitution so that net municipal proceeds would be adjusted annually for inflation.[1]

Text of measure

Ballot title

The ballot title for this measure would have been as follows:[2]

An initiated amendment to the South Dakota Constitution authorizing the Legislature to allow sports wagering in Deadwood.[3]

Ballot summary

The ballot explanation for this measure would have been as follows:[2]

The constitution currently authorizes the Legislature to allow certain types of gaming in the City of Deadwood: roulette, keno, craps, limited card games, and slot machines. This proposed constitutional amendment authorizes the Legislature to also include wagering on sporting events as a type of gaming allowed in Deadwood.

The constitution requires the net municipal proceeds of Deadwood gaming to be devoted to Deadwood historic restoration and preservation. Under this proposed amendment, those proceeds would be adjusted annually for inflation.

Under federal law, any gaming authorized by the Legislature to be offered in Deadwood would also be allowed at on-reservation tribal casinos.[3]

Constitutional changes

See also: Article III, South Dakota Constitution

The measure would have amended section 25 of Article III of the state constitution. The following underlined text would have been added:[1] Note: Hover over the text and scroll to see the full text.

Games of Chance Prohibited--Exceptions

The Legislature shall not authorize any game of chance, lottery, or gift enterprise, under any pretense, or for any purpose whatever provided, however, it shall be lawful for the Legislature to authorize by law, bona fide veterans, charitable, educational, religious or fraternal organizations, civic and service clubs, volunteer fire departments, or such other public spirited organizations as it may recognize, to conduct games of chance when the entire net proceeds of such games of chance are to be devoted to educational, charitable, patriotic, religious, or other public spirited uses. However, it shall be lawful for the Legislature to authorize by law a state lottery or video games of chance, or both, which are regulated by the state of South Dakota, either separately by the state or jointly with one or more states, and which are owned and operated by the state of South Dakota, either separately by the state or jointly with one or more states or persons, provided any such video games of chance shall not directly dispense coins or tokens. However, the Legislature shall not expand the statutory authority existing as of June 1, 1994, regarding any private ownership of state lottery games or video games of chance, or both. The Legislature shall establish the portion of proceeds due the state from such lottery or video games of chance, or both, and the purposes for which those proceeds are to be used. SDCL 42-7A, and its amendments, regulations, and related laws, and all acts and contracts relying for authority upon such laws and regulations, beginning July 1, 1987, to the effective date of this amendment, are ratified and approved. Further, it shall be lawful for the Legislature to authorize by law, roulette, keno, craps, wagering on sporting events, limited card games and slot machines within the city limits of Deadwood. The entire net Municipal proceeds, adjusted annualy for inflation, of such roulette, keno, craps, wagering on sporting events, card games and slot machines shall be devoted to the Historic Restoration and Preservation of Deadwood.[3]

Fiscal note

The fiscal note for this measure released by the Legislative Research Council on December 19, 2018, stated that approval of the measure would have generated an estimated $184,678 in new tax revenue for fiscal year 2022 to be distributed as follows:[4]

  • State General Fund: $77,975
  • Tourism Promotion Fund: $65,663
  • Lawrence County: $16,416
  • City of Deadwood: $8,208
  • Municipals in Lawrence County: $8,208
  • School Districts in Lawrence County: $8,208

Background

States with sports betting

As of May 2019, eight states had active sports betting industries: Delaware, Indiana, Mississippi, Nevada, New Jersey, Pennsylvania, Rhode Island, and West Virginia. Recent bills have passed in Montana, Iowa, Indiana, Arkansas, New York, and Washington, D.C. In Alaska, Idaho, Wisconsin, Wyoming, Utah, Nebraska, and Florida, bills were introduced but not passed. In the remaining states, no recent bills were introduced.[5]

Path to the ballot

See also: Laws governing the initiative process in South Dakota

The state process

In South Dakota, the number of signatures required to qualify an initiated constitutional amendment for the ballot is equal to 10 percent of the votes cast for governor in the previous gubernatorial election. Signatures must be submitted by the first Tuesday of May during a general election year.

The requirements to get an initiated constitutional amendment certified for the 2020 ballot:

Once the signatures have been gathered and filed, the secretary of state verifies the signatures using a random sample method.

Details about this initiative

  • The attorney general's summary was delivered to South Dakota Secretary of State Shantel Krebs on November 21, 2018.[1]
  • Proponents did not submit the required number of valid signatures by then deadline, therefore the measure did not qualify for the 2020 ballot.

See also

External links

Footnotes

  1. 1.0 1.1 1.2 1.3 South Dakota Secretary of State, "Attorney General's Letter," accessed November 21, 2018
  2. 2.0 2.1 Cite error: Invalid <ref> tag; no text was provided for refs named letter
  3. 3.0 3.1 3.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid <ref> tag; name "quotedisclaimer" defined multiple times with different content
  4. South Dakota Secretary of State, "Fiscal Note," accessed January 1, 2019
  5. ESPN, "United States of sports betting: An updated map of where every state stands," accessed May 21, 2019