reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07 - Horse And Dog Racing › Section 42-7-94 - Decisions and orders in writing--Service on person affected.

42-7-94. Decisions and orders in writing--Service on person affected.
Every decision or order of the commission shall be made in writing and filed with the executive secretary and preserved as a permanent record of the commission. Such decisions shall be signed by the chairman and attested by the executive secretary and dated. No decision or order of the commission shall be effective as to any person until a certified copy has been personally served or sent by certified or registered mail to such person.
Source:
SDC 1939, §53.0512; SDCL, §42-7-36; SL 1978, ch 302, §39; SL 1991, ch 24, §16; SL 1991, ch 349, §30.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07 - Horse And Dog Racing › Section 42-7-95 - Judicial review of commission actions--Cost bond.

42-7-95. Judicial review of commission actions--Cost bond.
If any licensee is dissatisfied with the decision of the commission, he may have such decision reviewed by the circuit court in the manner provided by chapter 1-26, by furnishing a bond to the commission to be approved by the clerk of the court to which the appeal is taken, in the penal sum of two hundred fifty dollars conditioned for the payment of the costs.
Source:
SDC 1939, §53.0513; SDCL, §42-7-37; SL 1978, ch 302, §43; SL 1991, ch 349, §31.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07 - Horse And Dog Racing › Section 42-7-96 - Suspensions and fines by racing judges or stewards--Notice and hearing--Appeals--Reference to commission.

42-7-96. Suspensions and fines by racing judges or stewards--Notice and hearing--Appeals--Reference to commission.
The commission shall promulgate rules permitting a panel of three racing judges or stewards to impose suspensions not to exceed four horse racing days or twelve dog racing days and any intervening calendar days and a fine not to exceed five hundred dollars on persons violating this chapter or the rules of the commission after notice and hearing pursuant to chapter 1-26.
An appeal from the order of the racing judges or stewards shall be made to the commission only and not to the circuit court and shall operate as a stay of all proceedings under such order until the commission renders its decision which shall be final agency action.
If the racing judges or stewards find that a penalty which exceeds their limits to impose should be rendered, they may not impose any penalty and shall forward their findings and conclusions and recommendations to the commission for final agency action.
If a matter is not appealed to the commission by the person upon whom a penalty was imposed by the stewards or judges within seven days of the date of service of the judges' or stewards' order, the decision and penalty of the judges or stewards shall be final in that the appeal time to the commission has lapsed.
Source:
SL 1977, ch 337, §1; SDCL Supp, §42-7-35.1; SL 1978, ch 302, §41; SL 1985, ch 330, §4.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07 - Horse And Dog Racing › Section 42-7-97.1 - Suspensions or revocations exceeding racing season.

42-7-97.1. Suspensions or revocations exceeding racing season.
If a suspension or revocation of racing privileges is levied by the commission or by a panel of three racing judges or stewards the horse racing days or dog racing days that the license is suspended for or revoked for shall be served in the next racing season if there are not sufficient horse racing days or dog racing days in the season when the penalty is carried out.
Source:
SL 1985, ch 330, §6; SL 1991, ch 349, §32.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07 - Horse And Dog Racing › Section 42-7-98 - Receipts retained in special racing fund.

42-7-98. Receipts retained in special racing fund.
All moneys received by the state treasurer except for those moneys in the South Dakota-bred racing fund and the racing revolving fund shall be retained by the treasurer in a special racing fund.
Source:
SDC 1939, §53.0507; SL 1949, ch 213; SL 1955, ch 229, §3; SL 1957, ch 273, §3; SL 1959, ch 284; SL 1963, ch 296, §4; SDCL, §42-7-33; SL 1978, ch 302, §36; SL 1991, ch 349, §33.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07 - Horse And Dog Racing › Section 42-7-98.1 - Transfer of revenue in special racing fund--Procedure.

42-7-98.1. Transfer of revenue in special racing fund--Procedure.
The state treasurer shall transfer the first seventy-five thousand dollars received in a special racing fund to the special racing revolving fund and any amounts received during any year in excess of seventy-five thousand dollars shall be transferred as follows:
(1)One-half of the remaining revenue shall be transferred to the South Dakota-bred racing fund;
(2)The other one-half of the remaining revenue shall be transferred to the special racing revolving fund.
All transfers by the state treasurer except for the transfer on April 1, 1991, shall be made on a monthly basis on the first day of the month or as soon thereafter as is reasonably possible.
Source:
SL 1991, ch 349, §37.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07 - Horse And Dog Racing › Section 42-7-101 - Devices or expedients to increase horse's speed prohibited.

42-7-101. Devices or expedients to increase horse's speed prohibited.
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 misdemeanor. A subsequent violation of this section is a Class 6 felony.
Source:
SL 1985, ch 330, §5; SL 1991, ch 349, §36.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07 - Horse And Dog Racing › Section 42-7-102 - Interstate combined wagering pool--Take-out of host jurisdiction or facility--Percentage to state.

42-7-102. Interstate combined wagering pool--Take-out of host jurisdiction or facility--Percentage to state.
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 adopt the take-out of the host jurisdiction or facility. The State of South Dakota shall receive one and one-half percent of the total contributed in this state, and the special racing revolving fund and the South Dakota-bred racing fund shall each receive one and one-half percent of the total contributed in this state. However, if the licensee participating in the interstate combined wagering pool is a multi-jurisdictional totalizator hub, the total portion to be received by the state shall be one-fourth of one percent of the total contributed through the hub, of which the special racing revolving fund shall receive one-fifth of one percent of the total contributed through the hub and the South Dakota-bred racing fund shall receive one-twentieth of one percent of the total contributed through the hub. Any such interstate combined wagering pool may only apply to horse and dog racing authorized by this chapter.
Source:
SL 1991, ch 350, §2; SL 1995, ch 241; SL 2005, ch 229, §9.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07 - Horse And Dog Racing › Section 42-7-103 - Combining pari-mutuel pools to establish interstate combined wagering pool.

42-7-103. Combining pari-mutuel pools to establish interstate combined wagering pool.
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 establishing an interstate combined wagering pool.
Source:
SL 1991, ch 350, §3.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07 - Horse And Dog Racing › Section 42-7-104 - Physical location as place of business.

42-7-104. Physical location as place of business.
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.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07 - Horse And Dog Racing › Section 42-7-105 - Tax of wagers in interstate combined wagering pool.

42-7-105. Tax of wagers in interstate combined wagering pool.
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.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07 - Horse And Dog Racing › Section 42-7-106 - Breakage calculation for interstate combined wagering pool.

42-7-106. Breakage calculation for interstate combined wagering pool.
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.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07A - State Lottery › Section 42-7A-2 - South Dakota Lottery established--Administration by executive director--Overall control and operation of games.

42-7A-2. South Dakota Lottery established--Administration by executive director--Overall control and operation of games.
There is hereby established in the Department of Revenue a division to be called the South Dakota Lottery under the direction of the South Dakota Lottery Commission. Under the supervision of the commission, an executive director shall administer the state lottery as provided in this chapter. In all decisions, the executive director and commission shall take into account the particularly sensitive nature of the lottery, and shall act to promote and ensure the integrity, security, honesty, and fairness of its operation and administration. The overall management of the state lottery and control over the operation of its games shall rest solely with the South Dakota Lottery.
Source:
SL 1987, ch 313, §2; SL 1993, ch 317, §2; SL 2003, ch 272 (Ex. Ord. 03-1), §115; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07A - State Lottery › Section 42-7A-3 - Executive director--Salary--Employment of personnel.

42-7A-3. Executive director--Salary--Employment of personnel.
The executive director shall be the secretary of revenue or his designee. The executive director shall be exempt from the South Dakota Career Service Act and shall receive an annual salary fixed by the Governor. The executive director may employ such persons as may be necessary to operate the South Dakota Lottery.
Source:
SL 1987, ch 313, §3; SL 1989, ch 368, §2; SL 2003, ch 272 (Ex. Ord. 03-1), §116; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07A - State Lottery › Section 42-7A-4 - Functions of executive director.

42-7A-4. Functions of executive director.
The executive director may, subject to policy established by the commission:
(1)Supervise and administer the operation of the state lottery in accordance with the provisions of this chapter;
(2)Employ all other employees of the South Dakota Lottery;
(3)Enter into contracts for promotional services; annuities or other methods deemed appropriate for the payment of prizes; data processing and other technical products, equipment and services; and facilities as needed to operate the South Dakota Lottery including, without limitation, tickets and other services involved in major procurements;
(4)Contract with and license persons for the sale of lottery tickets and the offering of video lottery games to the public, as provided by this chapter and rules adopted pursuant thereto;
(5)Make demographic studies of lottery players and studies of reactions of citizens to existing and potential features of the lottery;
(6)Require lottery retailers and persons licensed pursuant to this chapter to furnish proof of financial stability or furnish surety in an amount based upon the expected volume of sales of lottery tickets or net machine income;
(7)Provide for secure facilities to house the South Dakota Lottery;
(8)Provide for separate, distinct, and secure data processing facilities to be used for the reliable operation of the state lottery;
(9)Examine, or cause to be examined by any agent or representative designated by the executive director, any books, papers, records, or memoranda of any lottery retailer or person licensed pursuant to this chapter for the purpose of ascertaining compliance with any provision of this chapter or any rule adopted pursuant to this chapter;
(10)Issue subpoenas to compel access to or for the production of such books, papers, records, or memoranda in the custody or control of any lottery retailer or person licensed pursuant to this chapter, or to compel the appearance of any of their employees, for the purpose of ascertaining compliance with any provision of this chapter or any rule adopted pursuant to this chapter;
(11)Administer oaths and take depositions to the same extent and subject to the same limitations as would apply if the deposition was in aid of a civil action in the circuit court;
(11A)The lottery commission shall operate a video lottery undertaken pursuant to this chapter and may not contract or assign this responsibility to any other person;
(12)Impose civil fines not to exceed ten thousand dollars per violation and fifteen thousand dollars for any subsequent violation of any provision of this chapter or any rule adopted pursuant to this chapter; and
(13)Enter into written agreements or compacts with one or more other states for the operation, marketing and promotion of a joint lottery or joint lottery games.
Source:
SL 1987, ch 313, §4; SL 1989, ch 368, §3; SL 1990, ch 341, §2.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07A - State Lottery › Section 42-7A-5 - Competitive bidding required before entering into contracts.

42-7A-5. Competitive bidding required before entering into contracts.
If entering into any contract pursuant to subdivision 42-7A-4(3), the executive director shall utilize an open and competitive bid process which reflects the best interest of the State of South Dakota. Any such contract is exempt from the provisions of chapters 5-18A and 5-18D. The executive director shall consider all relevant factors including security, competence, experience, timely performance, and maximization of net revenues to the state. Any contract entered into pursuant to subdivision 42-7A-4(3) for major procurements are subject to the approval of the commission and are subject to the provisions of chapters 5-18A and 5-18D.
Source:
SL 1987, ch 313, §5; SL 1990, ch 341, §3; SL 2011, ch 2, §143.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07A - State Lottery › Section 42-7A-6 - Investigation of vendors.

42-7A-6. Investigation of vendors.
Before a contract for a major procurement is awarded, the executive director shall conduct a thorough background investigation of the vendor, any parent or subsidiary corporation of the vendor, all shareholders of five percent or more interest in the vendor or parent or subsidiary corporation of the vendor, and all officers and directors of the vendor or parent or subsidiary corporation of the vendor to whom the contract is to be awarded. The vendor shall submit appropriate investigation authorizations to facilitate this investigation. The executive director may require any additional information from the vendor that is considered appropriate to preserve the integrity and security of the lottery.
Source:
SL 1987, ch 313, §6.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07A - State Lottery › Section 42-7A-7 - Subpoenas--Order to comply--Punishment by contempt.

42-7A-7. Subpoenas--Order to comply--Punishment by contempt.
Subpoenas issued under the provisions of subdivision 42-7A-4(10) may be served upon individuals, entities, or corporations in the manner provided in chapter 1-26 for the service of process by any officer authorized to serve subpoenas in civil actions or by the executive director or an agent or representative designated by the executive director. In the case of the refusal of any person to comply with any such subpoena, the executive director may make application to the circuit court of the county where such books, papers, records, memoranda, or person is located for an order to comply. Failure to obey such order to comply issued by a circuit court may be punished by the court as contempt.
Source:
SL 1987, ch 313, §7; SL 2013, ch 219, §2.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07A - State Lottery › Section 42-7A-8 - Additional functions of executive director.

42-7A-8. Additional functions of executive director.
The executive director shall:
(1)Make and keep books and records which accurately and fairly reflect each day's transactions, including the distribution and sale of tickets, receipt of funds, prize claims, prize disbursements, or prizes liable to be paid, expenses and other financial transactions of the South Dakota Lottery necessary so as to insure accountability;
(2)Make annual financial reports to the commission, the Governor, the state treasurer, the attorney general, and the Legislature. Such reports shall be based upon generally accepted accounting principles and include a full and complete statement of the lottery's financial position and operations;
(3)Make available for inspection by the commission, upon request, all books, records, files, and other information and documents of the South Dakota Lottery;
(4)Have an annual audit of all accounts and transactions of the South Dakota Lottery pursuant to chapter 4-11. The audit report shall be presented to the commission, the Governor, the state treasurer, and the Legislature;
(5)Contract with an agency of state government or an independent firm experienced in security procedures to periodically conduct a comprehensive study and evaluation of all aspects of security in the operation of the South Dakota Lottery;
(6)Prepare and submit budgets and proposals for the operation of the South Dakota Lottery;
(7)Operate the state lottery so that after the initial funding, it is self-sustaining and self-funded;
(8)Include in printed promotional materials and information published for each lottery game, a list of the odds of winning such game, based upon the number of tickets projected to be sold; and
(9)Make provision for the timely and efficient transfer of funds due from lottery retailers and persons licensed pursuant to this chapter to the state general fund.
Source:
SL 1987, ch 313, §8; SL 1989, ch 368, §4; SL 2013, ch 219, §3.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07A - State Lottery › Section 42-7A-9 - Lottery expenses and prizes to be paid from lottery funds--General funds not to be used or obligated--Exception.

42-7A-9. Lottery expenses and prizes to be paid from lottery funds--General funds not to be used or obligated--Exception.
No claim for the payment of an expense of the lottery or the payment of a lottery prize may be made unless it is against the lottery operating fund or money collected from the sale of lottery tickets. Except for the initial start-up funding to the lottery, the general funds of the state may not be used or obligated to pay the expenses of the South Dakota Lottery or prizes of the lottery.
Source:
SL 1987, ch 313, §9.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07A - State Lottery › Section 42-7A-10 - Selection of lottery retailers.

42-7A-10. Selection of lottery retailers.
The executive director shall select as lottery retailers such persons as he deems best able to serve the public convenience and promote the sale of tickets. In the selection of lottery retailers, the executive director shall consider factors such as financial responsibility, security of the applicant's place of business or activity, accessibility of the applicant's place of business or activity, integrity, reputation, sufficiency of existing lottery retailers to serve the public convenience, volume of expected sales, and such other factors as the executive director may deem appropriate. Any person lawfully engaged in nongovernmental business on state property may be selected as lottery retailers.
Source:
SL 1987, ch 313, §10.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07A - State Lottery › Section 42-7A-11 - Lottery retailers application fee--Annual renewal of contracts--Contracts not transferable or assignable.

42-7A-11. Lottery retailers application fee--Annual renewal of contracts--Contracts not transferable or assignable.
The executive director may charge an application fee to persons applying to become lottery retailers. All lottery retailer contracts awarded by the South Dakota Lottery under this chapter are renewable annually after issuance unless sooner canceled or terminated. No lottery retailer contract awarded under this chapter is transferable or assignable.
Source:
SL 1987, ch 313, §11.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07A - State Lottery › Section 42-7A-12 - Issuance of lottery retailer certificate--Display--Sales only at location on certificate.

42-7A-12. Issuance of lottery retailer certificate--Display--Sales only at location on certificate.
Each lottery retailer shall be issued a lottery retailer certificate which shall be conspicuously displayed at the place where the lottery retailer is authorized to sell lottery tickets. Lottery tickets may only be sold by the lottery retailer at the location stated on the lottery retailer certificate.
Source:
SL 1987, ch 313, §12.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07A - State Lottery › Section 42-7A-13 - Qualifications of lottery retailer.

42-7A-13. Qualifications of lottery retailer.
To be selected as a lottery retailer or video lottery machine operator, a natural person acting as a sole proprietor shall:
(1)Be at least eighteen years of age;
(2)Be of good character and reputation;
(3)Have sufficient financial resources to support the activities required to sell lottery tickets or place and service video lottery machines; and
(4)Be current in payment of all taxes, interest, and penalties owed to the State of South Dakota, excluding items under formal dispute or appeal pursuant to applicable statutes.
A lottery retailer or video lottery machine operator may not be a lottery vendor or an employee or agent of any lottery vendor doing business with the South Dakota Lottery.
Source:
SL 1987, ch 313, §13; SL 1989, ch 368, §5; SL 1993, ch 317, §5.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07A - State Lottery › Section 42-7A-14 - Persons ineligible to be licensed by the lottery--Criminal background investigation of applicants, licensees, vendors, and employees.

42-7A-14. Persons ineligible to be licensed by the lottery--Criminal background investigation of applicants, licensees, vendors, and employees.
No natural person may be licensed by the lottery or involved in lottery activities under this chapter, who:
(1)Has been convicted of a felony in this or any other jurisdiction, unless at least ten years have passed since satisfactory completion of the sentence or probation imposed by the court in each felony conviction;
(2)Has been found to have violated the provisions of this chapter or any rule adopted pursuant to this chapter;
(3)Has been found to have a background, including a criminal record, reputation, habits, social or business associations, or prior activities that pose a threat to the public interests of the state or to the security and integrity of the lottery; create or enhance the dangers of unsuitable, unfair, or illegal practices, methods, and activities in the conduct of gaming; or present questionable business practices and financial arrangements incidental to the conduct of lottery activities;
(4)Is a member of the immediate family, as defined in §42-7A-33, of an employee of the South Dakota Lottery or of a member of the South Dakota Lottery Commission; or
(5)Has knowingly made a false statement of material fact to the South Dakota Lottery.
Each applicant, licensee, vendor, or employee of the South Dakota Lottery shall submit to a state and federal criminal background investigation by means of fingerprint checks by the Division of Criminal Investigation and the Federal Bureau of Investigation. The executive director shall submit completed fingerprint cards to the Division of Criminal Investigation for the applicant, licensee, vendor, or employee.
The South Dakota Lottery may pay any fee charged for the cost of fingerprinting or the criminal background investigation for any person whose employment is subject to the requirements of this section. Each applicant, licensee, or vendor is responsible for any fee charged for the cost of fingerprinting or the criminal background investigation.
Source:
SL 1987, ch 313, §14; SL 1989, ch 368, §6; SL 1993, ch 317, §6; SL 2017, ch 186, §1.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07A - State Lottery › Section 42-7A-15 - Partnership as lottery retailer or video lottery machine operator.

42-7A-15. Partnership as lottery retailer or video lottery machine operator.
For a partnership to be selected as a lottery retailer or video lottery machine operator, the partnership shall meet the requirements of subdivisions 42-7A-13(3) and (4), and each partner thereof shall meet the requirements of subdivisions 42-7A-13(1) and (2) and subdivisions 42-7A-14(1) to (5), inclusive.
Source:
SL 1987, ch 313, §15; SL 1989, ch 368, §7.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07A - State Lottery › Section 42-7A-16 - Association or corporation as lottery retailer or video lottery machine operator.

42-7A-16. Association or corporation as lottery retailer or video lottery machine operator.
For an association or corporation to be selected as a lottery retailer or video lottery machine operator, the association or corporation shall meet the requirements of subdivisions 42-7A-13(3) and (4), and each officer and director and each stockholder who owns five percent or more of the stock of such association or corporation shall meet the requirements of subdivisions 42-7A-13(1) and (2) and subdivisions 42-7A-14(1) to (5), inclusive.
Source:
SL 1987, ch 313, §16; SL 1989, ch 368, §8; SL 1993, ch 317, §7.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07A - State Lottery › Section 42-7A-17 - Lottery Commission created--Appointment of members--Term of office--Qualifications--Chair.

42-7A-17. Lottery Commission created--Appointment of members--Term of office--Qualifications--Chair.
There is created the South Dakota Lottery Commission, which is composed of five members appointed by the Governor and confirmed by the senate. The term of office is three years, expiring on January first with no more than two appointments expiring in any one year. No member may be appointed to more than two consecutive terms. Each member of the commission shall be a citizen of the United States and a resident of this state, not all of whom may be of the same political party. A chair of the commission shall be chosen annually from the membership of the commission by a majority of commission members at the first meeting of the commission each fiscal year.
Source:
SL 1987, ch 313, §17; SL 1989, ch 370; SL 2020, ch 189, § 1.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07A - State Lottery › Section 42-7A-18 - Meetings--Quorum.

42-7A-18. Meetings--Quorum.
The commission shall meet at least once a quarter and such additional meetings as the chair deems desirable. Special meetings may be called by the chair upon the written request of the executive director or any three members of the commission. All meetings shall be held at a place and time fixed by the chair. A majority of the duly appointed members of the commission constitutes a quorum to transact business.
Source:
SL 1987, ch 313, §18; SL 1996, ch 256.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07A - State Lottery › Section 42-7A-19 - Commission to establish lottery operation policy--Approval of major procurements.

42-7A-19. Commission to establish lottery operation policy--Approval of major procurements.
The commission shall establish policy for the operation of the state lottery and shall consult with and direct the executive director relating to the operation of the state lottery. Major procurements, as defined in subdivision 42-7A-4(3), recommended by the executive director, are subject to the approval of the commission.
Source:
SL 1987, ch 313, §19.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07A - State Lottery › Section 42-7A-19.1 - Sale of lottery products within exterior boundaries of Indian reservations.

42-7A-19.1. Sale of lottery products within exterior boundaries of Indian reservations.
The commission may provide for the sale of lottery products within the exterior boundaries of any Indian reservation within this state. The commission may pay to the respective tribal government an amount not to exceed fifty percent of the state's net proceeds from lottery products sold within the exterior boundaries of any reservation. The commission shall consider any agreement or potential agreement made pursuant to the authority contained in the Federal Indian Gaming Act together with any other relevant factors, including tribal member and nonmember mix, in determining payment to be made to a tribe. The commission shall by rule, promulgated pursuant to chapter 1-26, establish the specific criteria to determine the amount of net proceeds distributed to each tribal government. Each reservation may only receive revenue pursuant to this chapter from lottery products sold within the exterior boundaries of such reservation. Transfers of net proceeds from the sale of any lottery product to tribal governments under this section shall be made each year pursuant to §42-7A-24.
Source:
SL 1989, ch 372, §1.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07A - State Lottery › Section 42-7A-20 - Mileage and per diem paid commission members--Exception.

42-7A-20. Mileage and per diem paid commission members--Exception.
The members of the lottery commission shall be paid mileage at the same rate as allowed for state employees. The commission shall receive per diem compensation and allowable expense reimbursement in an amount set pursuant to §4-7-10.4 for all time actually spent while attending commission meetings. However, no per diem may be paid to commission members who are state employees. The per diem shall be paid by vouchers duly verified and approved by the executive director of the lottery.
Source:
SL 1987, ch 313, §20.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07A - State Lottery › Section 42-7A-21 - Rules and regulations.

42-7A-21. Rules and regulations.
The commission shall promulgate rules pursuant to chapter 1-26 governing the establishment and operation of a state lottery as necessary to carry out the purposes of this chapter. The commission shall promulgate rules concerning the following:
(1)The types of ticket lottery games to be conducted as authorized pursuant to this chapter;
(2)The manner of selecting the winning tickets. However, if a lottery game utilizes a drawing of winning numbers, a drawing among entries, or a drawing among finalists, such drawings shall always be open to the public and shall be recorded on both video and audio tape;
(3)The manner of payment of prizes to the holders of winning tickets;
(4)The frequency of the drawings or selections of winning tickets;
(5)The types of locations at which tickets may be sold;
(6)The methods to be used in selling tickets;
(7)Additional qualifications for the selection of lottery retailers, video lottery machine manufacturers, distributors, or operators and the amount of application fees to be paid by each;
(8)The amount and method of compensation to be paid to lottery retailers, including special bonuses and incentives;
(9)Deadlines for claims for prizes by winners of each lottery game. However, in no instance may such deadline be for more than one year;
(10)The mechanical and electronic specifications for each video lottery machine. At a minimum, each video lottery machine shall meet the requirements of §42-7A-37;
(11)Machine security testing and inspection procedures;
(12)Liability for machine malfunction;
(13)Machine maintenance and repair;
(14)Financial responsibility of persons licensed under this chapter;
(15)Accounting procedures for net machine income;
(16)Licensing procedures under this chapter; and
(17)Such other matters necessary or desirable for the efficient or economical operation of the lottery or for the convenience of the public.
Source:
SL 1987, ch 313, §21; SL 1989, ch 368, §9; SL 1991, ch 353, §1; SL 1995, ch 243, §1.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07A - State Lottery › Section 42-7A-22 - Lottery operating fund--Continuous appropriation--Informational budget--Disbursements.

42-7A-22. Lottery operating fund--Continuous appropriation--Informational budget--Disbursements.
There is established within the state treasury the lottery operating fund, into which shall be deposited all revenues from the sale of lottery tickets, interest received on moneys in the lottery operating fund, and all other fees and moneys collected. For the purposes of this section, the award of a free ticket or free play does not constitute revenue. All money in the funds created by this section are continuously appropriated for the purposes specified in this section. All funds received by the state lottery shall be set forth in an informational budget as described in §4-7-7.2 and be annually reviewed by the Legislature. Any disbursement from the lottery operating fund shall be by authorization of the executive director for any of the following purposes:
(1)The payment of prizes to the holders of valid, winning lottery tickets;
(2)Expenses of the lottery, which shall include all costs incurred in the operation and administration of the South Dakota Lottery; all costs resulting from contracts entered into for the purchase or lease of goods and services needed for operation of the lottery, including supplies, materials, tickets, independent studies and surveys, data transmission, advertising, printing, promotion, incentives, public relations, communications, compensation paid to lottery retailers; distribution of tickets; and reimbursement of costs of facilities and services provided by other state agencies; and
(3)Transfers of net proceeds to the state general fund.
Source:
SL 1987, ch 313, §22; SL 1990, ch 341, §4; SL 2013, ch 219, §4.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07A - State Lottery › Section 42-7A-23 - Amount from sale of tickets allocated for payment of prizes--Means of payment for prizes.

42-7A-23. Amount from sale of tickets allocated for payment of prizes--Means of payment for prizes.
As nearly as practical, a minimum of fifty percent of the projected revenue from the sale of lottery tickets, computed on a year-round basis from the combined sale of instant and on-line lottery games, shall be allocated for payment of prizes. The executive director shall award the designated prize to the holder of the ticket upon validation of a winning claim ticket. The executive director may make payment for prizes by any means he deems appropriate upon the validation of winning tickets.
Source:
SL 1987, ch 313, §23; SL 1989, ch 372, §2; SL 1990, ch 341, §5.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07A - State Lottery › Section 42-7A-24.1 - Acceptance and expenditure of funds obtained from federal sources, gifts, contributions and other sources.

42-7A-24.1. Acceptance and expenditure of funds obtained from federal sources, gifts, contributions and other sources.
The lottery commission may accept and expend for the purpose of this chapter any funds obtained from federal sources, gifts, contributions, or any other source if such acceptance and expenditure is approved in accordance with §4-8B-10.
Source:
SL 1987, ch 313, §26.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07A - State Lottery › Section 42-7A-24.2 - Payment of expenditures.

42-7A-24.2. Payment of expenditures.
Expenditures authorized by this chapter from the lottery operating fund shall be paid on warrants drawn by the state auditor on vouchers approved by the executive director of the state lottery.
Source:
SL 1987, ch 313, §27; SL 2013, ch 219, §6.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07A - State Lottery › Section 42-7A-25 - Employment and direction of investigative personnel.

42-7A-25. Employment and direction of investigative personnel.
The executive director may employ and direct investigative personnel to conduct administrative investigations pursuant to licensing and enforcement of rules. The executive director shall contract with the attorney general for necessary security and law enforcement services in conducting background investigations.
Source:
SL 1987, ch 313, §29; SL 1993, ch 317, §8; SL 2008, ch 223, §1.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07A - State Lottery › Section 42-7A-26 - Appointment of assistant attorney general to assist in enforcement.

42-7A-26. Appointment of assistant attorney general to assist in enforcement.
The attorney general shall appoint an assistant attorney general to assist the South Dakota Lottery in the enforcement of the criminal and civil provisions of this chapter.
Source:
SL 1987, ch 313, §30.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07A - State Lottery › Section 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-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.
No member of the commission, employee of the South Dakota Lottery, or any person residing in the same household as either of the aforementioned may:
(1)Directly or indirectly, individually, as a member of a partnership or other association, or as a stockholder, director, or officer of a corporation, have an interest in a business which contracts for the operation or promotion of the lottery; or
(2)Accept or agree to accept any economic opportunity, gift, loan, gratuity, special discount, favor, hospitality, or service having an aggregate value of one hundred dollars or more in any calendar year from a person or business contracting or seeking to contract with the state to supply materials, tickets, or consulting services for use in the lottery or from a lottery retailer, person licensed, or an applicant for a contract or license under this chapter.
A knowing violation of this section is a Class 1 misdemeanor.
Source:
SL 1987, ch 313, §31; SL 1989, ch 368, §13; SL 1991, ch 186, §34.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07A - State Lottery › Section 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-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.
Any person contracting or seeking to contract with the state to supply materials, tickets, or consulting services for use in the lottery or from a lottery retailer, person licensed, or an applicant for a contract or license under this chapter may not offer, pay, give, or make any economic opportunity, gift, loan, gratuity, special discount, favor, hospitality, or service having an aggregate value of one hundred dollars or more in any calendar year to a member of the commission or employee of the South Dakota Lottery, or to any person residing in the same household of either of the aforementioned. A knowing violation of this section is a Class 1 misdemeanor.
Source:
SL 1987, ch 313, §32; SL 1989, ch 368, §14; SL 1991, ch 186, §35.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07A - State Lottery › Section 42-7A-29 - Removal from office for violation of conflict of interest provisions--Application of other conflict of interest statutes.

42-7A-29. Removal from office for violation of conflict of interest provisions--Application of other conflict of interest statutes.
If a member of the commission or employee of the South Dakota Lottery, or any person residing in the same household of either of the aforementioned, violates any provision of §§42-7A-27 and 42-7A-28, such member of the commission or employee of the South Dakota Lottery shall be removed from his office or position. In addition to the provisions of this section, or §§42-7A-27 and 42-7A-28, all other provisions of state law relating to conflicts of interest of state employees apply to the members of the commission and employees of the South Dakota Lottery.
Source:
SL 1987, ch 313, §33; SL 1991, ch 186, §36.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07A - State Lottery › Section 42-7A-30 - Counterfeiting lottery tickets Class 6 felony.

42-7A-30. Counterfeiting lottery tickets Class 6 felony.
Any person who, with intent to defraud, falsely makes, alters, forges, passes, or counterfeits a lottery ticket issued by the South Dakota Lottery under this chapter is guilty of a Class 6 felony.
Source:
SL 1987, ch 313, §34.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07A - State Lottery › Section 42-7A-31 - Sale of tickets at price greater than that fixed by rules prohibited--Sale by authorized retailer only--Violation.

42-7A-31. Sale of tickets at price greater than that fixed by rules prohibited--Sale by authorized retailer only--Violation.
No person may sell a lottery ticket at a price greater than that fixed by the rules adopted pursuant to this chapter. No person other than a lottery retailer authorized by the South Dakota Lottery may sell or resell lottery tickets. Any person convicted of violating this section is guilty of a Class 1 misdemeanor on the first offense and a Class 6 felony on the second or subsequent offense.
Source:
SL 1987, ch 313, §35.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07A - State Lottery › Section 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-32. Sale of ticket to person under eighteen prohibited--Violation--Gift of ticket to person under eighteen permitted--Prize paid to parent or guardian.
No lottery ticket may be sold to any person under the age of eighteen years. Any lottery retailer, employee of a lottery retailer, or any other person who knowingly sells or offers to sell a lottery ticket to any person who is under the age of eighteen years is guilty of a Class 1 misdemeanor on the first offense and a Class 6 felony on the second or subsequent offense. A lottery ticket may be given as a gift to a person under the age of eighteen years. Any prize won by a person under the age of eighteen years from a ticket given as a gift shall be paid to such person's parent or legal guardian.
Source:
SL 1987, ch 313, §36.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07A - State Lottery › Section 42-7A-33 - Purchase of ticket or payment of prize to certain persons prohibited--Exceptions.

42-7A-33. Purchase of ticket or payment of prize to certain persons prohibited--Exceptions.
No lottery ticket may be purchased by, and no prize may be paid to, any of the following persons or to any person related by blood or marriage and who is a member of the same household in the principal place of abode of any such person:
(1)Any member of the commission or employee of the South Dakota Lottery, unless authorized in writing by the executive director; or
(2)Any officer or employee of a company or business which is currently engaged in supplying equipment, supplies, or services being used directly in the operation of any lottery conducted pursuant to this chapter, unless authorized in writing by the executive director for research purposes. However, no prize may be paid on any ticket purchased for research purposes.
Nothing in this section prohibits any lottery retailer or his employee from purchasing lottery tickets or from being paid a prize of a winning ticket. Any person who knowingly violates this section is guilty of a Class 1 misdemeanor on the first offense and a Class 6 felony on the second or subsequent offense.
Source:
SL 1987, ch 313, §37.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07A - State Lottery › Section 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-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.
The prize to be paid or awarded for each winning ticket shall be paid to the person who is adjudged by the executive director to be the holder of such winning ticket. However, the prize of a deceased winner shall be paid to the duly appointed representative of the estate of such winner or to any other person claiming the prize pursuant to the provisions of chapter 30-11A. The right of a person to a prize drawn or awarded is not assignable. All prizes awarded shall be taxed as South Dakota source income and are subject to federal income tax laws and regulations. Unclaimed prize money shall be retained for a period deemed appropriate by the executive director and if no claim is made within such period, then such unclaimed prize money shall be added to the prize pools of subsequent lottery games. The State of South Dakota, members of the commission and employees of the South Dakota Lottery are discharged of all further liability upon payment of a prize pursuant to this section.
Source:
SL 1987, ch 313, §38; SL 1989, ch 371, §1; SL 1990, ch 341, §7.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07A - State Lottery › Section 42-7A-36 - Certain mechanical or electronic devices prohibited--Violation as felony--Devices as nuisances.

42-7A-36. Certain mechanical or electronic devices prohibited--Violation as felony--Devices as nuisances.
No person may have in his possession, custody, or under his control or permit to be kept in any place under his possession or control, any device that awards credits and contains a circuit, meter or switch capable of removing and recording the removal of credits when the award of credits is dependent upon chance. A violation of this section is a Class 6 felony. All devices described in this section are hereby declared to be public nuisances. The provisions of this section do not apply to devices or electronic video game machines licensed pursuant to this chapter.
Source:
SL 1989, ch 368, §15.