reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:10 - Department of Labor and Regulation employees' retirement board › Chapter 47:10:01 - General provisions › Section 47:10:01:02 - Exceptions

Current through Register Vol. 51, page 10, July 15, 2024
If a definition contained in this article conflicts with a definition in the retirement plan, the definition contained in the retirement plan controls.
General Authority:
SDCL  61-2-15.5.
Law Implemented:
SDCL  61-2-15,  61-2-15.5.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:10 - Department of Labor and Regulation employees' retirement board › Chapter 47:10:02 - Grievance procedure and appeals › Section 47:10:02:01 - Grievance procedure - Informal consultation

Current through Register Vol. 51, page 10, July 15, 2024
A member may request in writing that the board modify or change his benefits. The board may consult informally with the member in an attempt to resolve the request. The board may delegate the informal consultation and receive and act upon a report from the delegate.
General Authority:
SDCL  61-2-15.5.
Law Implemented:
SDCL  61-2-15,  61-2-15.5.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:10 - Department of Labor and Regulation employees' retirement board › Chapter 47:10:02 - Grievance procedure and appeals › Section 47:10:02:02 - Request for formal hearing

Current through Register Vol. 51, page 10, July 15, 2024
If the request is not resolved or if a member is aggrieved by an action of the board taken without a hearing, the member may, within 30 days after the date of the board action, petition the board for a hearing. The hearing is a contested case pursuant to SDCL 1-26.
General Authority:
SDCL  61-2-15.5.
Law Implemented:
SDCL  61-2-15,  61-2-15.5.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:10 - Department of Labor and Regulation employees' retirement board › Chapter 47:10:02 - Grievance procedure and appeals › Section 47:10:02:03 - Time and place of hearing - Notice

Current through Register Vol. 51, page 10, July 15, 2024
The chairman of the board shall select a time and place for the hearing that is convenient for the board and the petitioning member. The hearing may be held telephonically at the chairman's discretion with the member's consent. The board must mail notice of hearing to the member and other interested parties at least seven days before the date of hearing.
General Authority:
SDCL  61-2-15.5.
Law Implemented:
SDCL  61-2-15,  61-2-15.5.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:10 - Department of Labor and Regulation employees' retirement board › Chapter 47:10:02 - Grievance procedure and appeals › Section 47:10:02:04 - Adjournment of hearing

Current through Register Vol. 51, page 10, July 15, 2024
The board may adjourn a hearing to secure evidence necessary for a decision.
General Authority:
SDCL  61-2-15.5.
Law Implemented:
SDCL  61-2-15,  61-2-15.5.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:10 - Department of Labor and Regulation employees' retirement board › Chapter 47:10:02 - Grievance procedure and appeals › Section 47:10:02:05 - Burden of proof

Current through Register Vol. 51, page 10, July 15, 2024
The member has the burden of proof.
General Authority:
SDCL  61-2-15.5.
Law Implemented:
SDCL  61-2-15,  61-2-15.5.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:10 - Department of Labor and Regulation employees' retirement board › Chapter 47:10:03 - Administration of retirement plan › Section 47:10:03:01 - Amendment and notice

Current through Register Vol. 51, page 10, July 15, 2024
The board must notify the members of proposed modifications to the plan. The notice must be in writing and mailed at least 20 days before adoption of the proposal. The board may amend the plan as necessary.
General Authority:
SDCL  61-2-15.5.
Law Implemented:
SDCL  61-2-15,  61-2-15.2,  61-2-15.4,  61-2-15.5.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:10 - Department of Labor and Regulation employees' retirement board › Chapter 47:10:03 - Administration of retirement plan › Section 47:10:03:02 - Business name of retirement plan

Current through Register Vol. 51, page 10, July 15, 2024
The board must transact all business and hold all cash in the name of the South Dakota Department of Labor and Regulation employees' retirement plan.
General Authority:
SDCL  61-2-15.5.
Law Implemented:
SDCL  61-2-15,  61-2-15.4.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:10 - Department of Labor and Regulation employees' retirement board › Chapter 47:10:03 - Administration of retirement plan › Section 47:10:03:03 - Fund - Disbursements for expenses

Current through Register Vol. 51, page 10, July 15, 2024
Expenditures from the fund must be disbursed on warrants supported by vouchers approved by the board.
General Authority:
SDCL  61-2-15.5.
Law Implemented:
SDCL  61-2-15,  61-2-15.5.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:10 - Department of Labor and Regulation employees' retirement board › Chapter 47:10:03 - Administration of retirement plan › Section 47:10:03:04 - Use of fund restricted

Current through Register Vol. 51, page 10, July 15, 2024
No part of the fund created by SDCL  61-2-15 and this article may be used other than for the benefit of members and their beneficiaries pursuant to the retirement plan and for payment of the necessary expenses to administer the plan.
General Authority:
SDCL  61-2-15.5.
Law Implemented:
SDCL  61-2-15,  61-2-15.5.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:10 - Department of Labor and Regulation employees' retirement board › Chapter 47:10:03 - Administration of retirement plan › Section 47:10:03:05 - Annual actuarial valuation of plan

Current through Register Vol. 51, page 10, July 15, 2024
An actuarial valuation of the plan must be made by an approved actuary every plan year.
General Authority:
SDCL  61-2-15.5.
Law Implemented:
SDCL  61-2-15,  61-2-15.4,  61-2-15.5.
South Dakota Administrative Rules › Title 48 - South Dakota Lottery › Article 48:01 - Instant lottery requirements › Chapter 48:01:01 - General provisions › Section 48:01:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this article are defined as follows:
(1) "Bar code," a predetermined array of rectangular marks and spaces used for electronic ticket identification and validation;
(2) "Pack," a series of tickets printed for a particular game bearing a common pack number;
(3) "Pack number," a combination of characters that identify the pack-ticket number;
(4) "Pack-ticket number," a combination of characters printed on the ticket which identify the ticket within the pack;
(4A) "Chain," a group of two or more retail establishments that are owned, leased, or otherwise controlled by one retailer or entity;
(5) "Check digit," a unique character of the pack-ticket number that may be used for security and validation of instant tickets;
(6) "Commission," the South Dakota Lottery Commission established pursuant to SDCL  42-7A-17;
(7) "Game number," the first three digits of the pack-ticket number;
(8) "Lottery," the executive director and the employees of the South Dakota Lottery;
(9) "Player," a participant in an instant game;
(10) "Play areas," the rub-off areas covered with latex on the front of a ticket;
(11) "Play symbols," the symbols which appear under the play areas on the front of a ticket;
(12) "Play symbol caption," the small printed material beneath each play symbol under each play area on the front of a ticket, which spells out completely or in abbreviated form the play symbol;
(13) "Retailer," a person or entity authorized by the lottery to sell instant game tickets;
(14) "Retailer validation code," the multiletter code which may appear among the play symbols under the play areas on the front of the tickets in varying locations used by retailers to verify instant winners of $100 or less;
(15) "Ticket," a South Dakota instant game ticket;
(16) "Ticket number," the designated digits of the pack-ticket number identifying a specific ticket; and
(17) "Validation number," the unique characters covered with latex on the front of a ticket.
General Authority:
SDCL  42-7A-21.
Law Implemented:
SDCL  42-7A-21
South Dakota Administrative Rules › Title 48 - South Dakota Lottery › Article 48:01 - Instant lottery requirements › Chapter 48:01:02 - Instant lottery retailers › Section 48:01:02:01 - Retailer's license application and renewal - Fee

Current through Register Vol. 51, page 10, July 15, 2024
Any person selling instant and on-line tickets must be licensed for each retail location where sales occur. The application fee for a person applying to be licensed as an instant and on-line lottery retailer is $1,200 per location. If a license is not awarded, the executive director may return all or a portion of the application fee. However, no fee may be refunded after the date any lottery equipment is installed at the retailer's location. A retailer's license shall be renewed annually on October 30. The annual renewal fee is $150, which is waived in the first year the license is issued.
General Authority:
SDCL  42-7A-4(1) and (4), 42-7-11,  42-7A-21(7), (16), and(17).
Law Implemented:
SDCL  42-7A-4(1) and (4),  42-7A-11,  42-7A-21(7), (16), and (17).
South Dakota Administrative Rules › Title 48 - South Dakota Lottery › Article 48:01 - Instant lottery requirements › Chapter 48:01:02 - Instant lottery retailers › Section 48:01:02:02 - Sales by lottery directly

Current through Register Vol. 51, page 10, July 15, 2024
The lottery may sell tickets at its offices and at other locations.
General Authority:
SDCL  42-7A-4,  42-7A-21.
Law Implemented:
SDCL  42-7A-4,  42-7A-21.
South Dakota Administrative Rules › Title 48 - South Dakota Lottery › Article 48:01 - Instant lottery requirements › Chapter 48:01:02 - Instant lottery retailers › Section 48:01:02:05.01 - Notification of change of address or ownership interest

Current through Register Vol. 51, page 10, July 15, 2024
A retailer must notify the lottery 30 days in advance of a change of address of the business location or change of ownership interest in the business of any person defined in SDCL  42-7A-15 and  42-7A-16.
General Authority:
SDCL  42-7A-4,  42-7A-21.
Law Implemented:
SDCL  42-7A-4,  42-7A-11,  42-7A-15,  42-7A-16,  42-7A-21.
South Dakota Administrative Rules › Title 48 - South Dakota Lottery › Article 48:01 - Instant lottery requirements › Chapter 48:01:02 - Instant lottery retailers › Section 48:01:02:06 - Criteria for suspension or cancellation of retailer's contract

Current through Register Vol. 51, page 10, July 15, 2024
The executive director may suspend or cancel a retailer's contract for any one or more of the following reasons:
(1) If the retailer's application for a contract contains false or misleading information;
(2) If the retailer violates any of the provisions of SDCL 42-7A or this article;
(3) If the retailer's business address is changed without notifying the lottery;
(4) If the retailer does not display lottery point-of-sale material in a manner which is readily seen by and available to the public;
(5) If the retailer does not make the purchase of tickets convenient and readily accessible to the public;
(6) If the retailer fails to meet minimum sales goals established by this lottery;
(7) If the retailer fails to display instant tickets in dispensers as provided by the lottery;
(8) If the retailer fails to pay all winning tickets of $100 or less;
(9) If a statement, representation, warranty, or certification made or furnished by the retailer to the lottery is determined by the lottery to be false, incorrect, or incomplete;
(10) If the retailer fails to participate in the automated instant ticket validation program;
(11) If the retailer fails to make timely payment of billings for instant tickets;
(12) If the retailer is unable or unwilling to pay its debts or is adjudged bankrupt; or
(13) If the retailer, any one of its stockholders holding five percent or more of any class of its stock or securities, a director, officer, managerial employee, or other person directly or indirectly controlling or operating the retailer's business is indicted for, charged with, or convicted of a felony or any crime involving moral turpitude or gambling or is the subject of any order, judgment, or decree of any federal or state authority barring, suspending, revoking, or otherwise limiting the right of the retailer or individual to engage in any business, practice or activity.
General Authority:
SDCL  42-7A-4(1)(4),  42-7A-21(3)(5)(6)(7)(14)(16)(17).
Law Implemented:
SDCL  42-7A-4(1)(4),  42-7A-14,  42-7A-15,  42-7A-16,  42-7A-21(3)(5)(6)(7)(14)(16)(17).
South Dakota Administrative Rules › Title 48 - South Dakota Lottery › Article 48:01 - Instant lottery requirements › Chapter 48:01:02 - Instant lottery retailers › Section 48:01:02:07 - Hearing on suspension or cancellation of retailer's contract

Current through Register Vol. 51, page 10, July 15, 2024
A hearing regarding the proposed suspension or cancellation of a retailer's contract shall be conducted by the commission in accordance with the contested case provisions of SDCL chapter 1-26. If requested by the retailer, the hearing shall be accelerated when further delivery of tickets has been withheld by the executive director.
General Authority:
SDCL  42-7A-4(1)(4),  42-7A-21(3)(5)(6)(7)(14)(16)(17).
Law Implemented:
SDCL  1-26-27,  42-7A-4(1)(4),  42-7A-21(3)(5)(6)(7)(14)(16)(17).
South Dakota Administrative Rules › Title 48 - South Dakota Lottery › Article 48:01 - Instant lottery requirements › Chapter 48:01:02 - Instant lottery retailers › Section 48:01:02:08 - Ticket sales prohibited after contract ended - Final accounting

Current through Register Vol. 51, page 10, July 15, 2024
No sales may be made by a retailer from the date of receipt of a notice of suspension or cancellation of the contract.
General Authority:
SDCL  42-7A-4(1)(4),  42-7A-21(16)(17).
Law Implemented:
SDCL  42-7A-4(1)(4),  42-7A-21(16)(17).
South Dakota Administrative Rules › Title 48 - South Dakota Lottery › Article 48:01 - Instant lottery requirements › Chapter 48:01:02 - Instant lottery retailers › Section 48:01:02:10 - Inspections

Current through Register Vol. 51, page 10, July 15, 2024
All retailers must allow inspections during normal business hours by authorized representatives of the lottery to determine compliance with the provisions of SDCL 42-7A and this article.
General Authority:
SDCL  42-7A-4,  42-7A-21.
Law Implemented:
SDCL  42-7A-4,  42-7A-21.
South Dakota Administrative Rules › Title 48 - South Dakota Lottery › Article 48:01 - Instant lottery requirements › Chapter 48:01:02 - Instant lottery retailers › Section 48:01:02:11 - Communication fees and credits

Current through Register Vol. 51, page 10, July 15, 2024
A retailer selling instant and on-line tickets shall be assessed a weekly charge of $12.93 for communication fees. Any retailer selling $5,000 or more in instant tickets in a single quarter shall be credited 13 weeks of communication fees ($168.09) at the end of that quarter. A retailer who is part of a chain in which the chain's per store average is $6,000 or more in instant ticket sales in a single quarter shall be credited 13 weeks of communication fees ($168.09) at the end of that quarter.
Any retailer licensed prior to July 1, 2010, is exempt from the communications fees established by this section.
General Authority:
SDCL  42-7A-4(1) and (4),  42-7A-21(7), (8), and (17).
Law Implemented:
SDCL  42-7A-4(1) and (4),  42-7A-10,  42-7A-11,  42-7A-21(7), (8), and (17),  42-7A-22.
South Dakota Administrative Rules › Title 48 - South Dakota Lottery › Article 48:01 - Instant lottery requirements › Chapter 48:01:03 - Instant lottery tickets › Section 48:01:03:01 - Ticket distribution

Current through Register Vol. 51, page 10, July 15, 2024
Tickets for each instant lottery game shall be distributed to retailers in the following manner:
(1) The lottery shall deliver the initial ticket inventory to the retailer. Retail sales of each instant game may begin upon delivery of the tickets to the retailer;
(2) Following the initial delivery of tickets for each game, the lottery may distribute additional tickets to each retailer. The lottery may market multiple instant games simultaneously;
(3) The quantity of tickets to be supplied for initial and additional ticket deliveries shall be determined by the executive director based on the following:
(a) The market served by the retailer;
(b) The number of retailers serving the same market;
(c) Previous ticket sales by the retailer;
(d) The quantity of unsold tickets in the retailer's and lottery's possession;
(e) Scheduled special promotions or community activities; and
(f) The length of time remaining for the current game.
At the conclusion of each game, the lottery may collect all unsold tickets in the possession of each retailer. The lottery shall credit to the retailer the price paid for all full packs of unsold tickets. Credit for returns of partial packs of unsold tickets must be authorized by the executive director.
South Dakota Administrative Rules › Title 48 - South Dakota Lottery › Article 48:01 - Instant lottery requirements › Chapter 48:01:03 - Instant lottery tickets › Section 48:01:03:02 - Ticket sales price

Current through Register Vol. 51, page 10, July 15, 2024
The purchase price shall be printed on the front of each ticket.
General Authority:
SDCL  42-7A-4,  42-7A-21.
Law Implemented:
SDCL  42-7A-4,  42-7A-21.
South Dakota Administrative Rules › Title 48 - South Dakota Lottery › Article 48:01 - Instant lottery requirements › Chapter 48:01:03 - Instant lottery tickets › Section 48:01:03:03 - Tickets to be sold in pack order

Current through Register Vol. 51, page 10, July 15, 2024
Retailers shall sell tickets in pack order.
General Authority:
SDCL  42-7A-4(1)(4),  42-7A-21(6)(17).
Law Implemented:
SDCL  42-7A-4(1)(4),  42-7A-21(6)(17).
South Dakota Administrative Rules › Title 48 - South Dakota Lottery › Article 48:01 - Instant lottery requirements › Chapter 48:01:03 - Instant lottery tickets › Section 48:01:03:04 - Payment of bill for lottery tickets

Current through Register Vol. 51, page 10, July 15, 2024
Upon receipt of the billing, a retailer shall pay the lottery in full for tickets sold by the retailer. The retailer shall remit payment to the lottery by electronic transfer of funds.
The retailer shall establish an account with a financial institution capable of receiving and processing electronic funds transfers. The retailer shall furnish the lottery all information and bank authorizations required to facilitate the timely payment of money due the lottery. The retailer must provide the lottery 14 days advance notice of any proposed account changes to ensure the uninterrupted electronic transfer of funds. The lottery shall withdraw the amount due the lottery from the retailer's account by means of electronic funds transfer on a day specified by the lottery. If the day specified for withdrawal falls on a federal or state holiday, withdrawal shall take place on the following business day.
The retailer shall maintain a balance in the account that is sufficient to cover the amount due the lottery. The lottery may withhold further delivery of tickets to a retailer or may require an accelerated payment schedule if a retailer's payment is late or the account has insufficient funds to satisfy the amount due the lottery.
General Authority:
SDCL  42-7A-8(9),  42-7A-21.
Law Implemented:
SDCL  42-7A-8(9),  42-7A-21
South Dakota Administrative Rules › Title 48 - South Dakota Lottery › Article 48:01 - Instant lottery requirements › Chapter 48:01:03 - Instant lottery tickets › Section 48:01:03:05 - Ticket commission

Current through Register Vol. 51, page 10, July 15, 2024
A retailer shall receive a commission of five percent of the sales price of each ticket sold.
General Authority:
SDCL  42-7A-21.
Law Implemented:
SDCL  42-7A-21
South Dakota Administrative Rules › Title 48 - South Dakota Lottery › Article 48:01 - Instant lottery requirements › Chapter 48:01:03 - Instant lottery tickets › Section 48:01:03:06 - Incentive programs

Current through Register Vol. 51, page 10, July 15, 2024
Any game may include a retailer incentive program. The incentive shall not exceed one percent of gross sales.
The formula used to determine incentives shall be the same for all participating retailers in a particular game and shall be published and provided to all retailers selling that game. Incentives may be paid in either cash or merchandise.
General Authority:
SDCL  42-7A-21.
Law Implemented:
SDCL  42-7A-21
South Dakota Administrative Rules › Title 48 - South Dakota Lottery › Article 48:01 - Instant lottery requirements › Chapter 48:01:03 - Instant lottery tickets › Section 48:01:03:07 - Purchase of ticket is compliance agreement

Current through Register Vol. 51, page 10, July 15, 2024
By purchasing a ticket, the player agrees to comply with SDCL 42-7A and this title.
General Authority:
SDCL  42-7A-21.
Law Implemented:
SDCL  42-7A-21
South Dakota Administrative Rules › Title 48 - South Dakota Lottery › Article 48:01 - Instant lottery requirements › Chapter 48:01:03 - Instant lottery tickets › Section 48:01:03:08 - Ticket sales final

Current through Register Vol. 51, page 10, July 15, 2024
All ticket sales to the public are final and no ticket returns may be accepted by retailers.
General Authority:
SDCL  42-7A-21.
Law Implemented:
SDCL  42-7A-21
South Dakota Administrative Rules › Title 48 - South Dakota Lottery › Article 48:01 - Instant lottery requirements › Chapter 48:01:03 - Instant lottery tickets › Section 48:01:03:09 - Ticket exchange prohibited

Current through Register Vol. 51, page 10, July 15, 2024
Retailers are prohibited from exchanging tickets with other retailers.
General Authority:
SDCL  42-7A-21.
Law Implemented:
SDCL  42-7A-21
South Dakota Administrative Rules › Title 48 - South Dakota Lottery › Article 48:01 - Instant lottery requirements › Chapter 48:01:03 - Instant lottery tickets › Section 48:01:03:10 - Unaccounted tickets

Current through Register Vol. 51, page 10, July 15, 2024
Tickets that cannot be accounted for by a retailer, regardless of the reason, are the responsibility of the retailer. If a retailer claims that unaccounted tickets were stolen or lost, the retailer may request an investigation of the claim. The executive director shall hold prize money in escrow pending findings of an investigation when a claimed ticket for a prize is among those reported stolen or lost by a retailer. The executive director may request a player to disclose the retailer who sold the winning ticket and may withhold award of the prize until disclosure and verification is made.
General Authority:
SDCL  42-7A-21.
Law Implemented:
SDCL  42-7A-21
South Dakota Administrative Rules › Title 48 - South Dakota Lottery › Article 48:01 - Instant lottery requirements › Chapter 48:01:03 - Instant lottery tickets › Section 48:01:03:11 - Lost or stolen tickets

Current through Register Vol. 51, page 10, July 15, 2024
The lottery commission and executive director are not responsible for lost or stolen tickets.
General Authority:
SDCL  42-7A-21.
Law Implemented:
SDCL  42-7A-21
South Dakota Administrative Rules › Title 48 - South Dakota Lottery › Article 48:01 - Instant lottery requirements › Chapter 48:01:04 - Instant lottery games › Section 48:01:04:01 - Types of instant games and selection of winning tickets

Current through Register Vol. 51, page 10, July 15, 2024
The instant game is played by scratching the latex covering off the front of a ticket to expose the play symbols underneath. Instant games shall use one of the following methods to select winning tickets:
(1) Match three play symbols;
(2) Match two play symbols and have a third prescribed play symbol;
(3) Match three play symbols or match two play symbols and have a third prescribed play symbol;
(4) Add a series of numeric play symbols to arrive at a sum and match that sum with a prescribed number or value;
(5) Add a series of numeric play symbols to arrive at a sum and match that sum with another play symbol;
(6) Add a series of numeric play symbols to arrive at a sum and exceed a prescribed number or value;
(7) Add a series of numeric play symbols to arrive at a sum and exceed another play symbol;
(8) Add a series of numeric play symbols or play symbols having a given numeric value to arrive at a sum and exceed a sum arrived at by adding another series of numeric play symbols or play symbols having a given numeric value;
(9) Find a sequence of numbers or play symbols in a prescribed order;
(10) Collect a series of prescribed play symbols; and
(11) Find a number or symbol within a prescribed range of numbers or symbols.
General Authority:
SDCL  42-7A-21.
Law Implemented:
SDCL  42-7A-21
South Dakota Administrative Rules › Title 48 - South Dakota Lottery › Article 48:01 - Instant lottery requirements › Chapter 48:01:04 - Instant lottery games › Section 48:01:04:02 - Publication of printed promotional material

Current through Register Vol. 51, page 10, July 15, 2024
The executive director shall publish printed promotional material or have printed on the ticket for each instant game information which includes the following:
(1) The number of play areas;
(2) The number and type of play symbols and play symbol captions;
(3) The method of determining winning tickets;
(4) The types of prizes;
(5) The odds of winning; and
(6) The method of redeeming winning prizes.
General Authority:
SDCL  42-7A-8(8),  42-7A-21(2)(3)(4)(17).
Law Implemented:
SDCL  42-7A-8(8),  42-7A-21(2)(3)(4)(17).
South Dakota Administrative Rules › Title 48 - South Dakota Lottery › Article 48:01 - Instant lottery requirements › Chapter 48:01:04 - Instant lottery games › Section 48:01:04:03 - Unplayable portions of ticket

Current through Register Vol. 51, page 10, July 15, 2024
Any portion of a ticket which contains extraneous matter that is not part of the ticket's design or any flaw which renders the ticket unreadable is considered to be unplayable.
General Authority:
SDCL  42-7A-4(1),  42-7A-21(2)(4)(17).
Law Implemented:
SDCL  42-7A-4(1),  42-7A-21(2)(4)(17).
South Dakota Administrative Rules › Title 48 - South Dakota Lottery › Article 48:01 - Instant lottery requirements › Chapter 48:01:04 - Instant lottery games › Section 48:01:04:04 - Ticket play to be by chance

Current through Register Vol. 51, page 10, July 15, 2024
Retailers may not play or sell instant game tickets by any method other than fair chance. Each ticket must have an equal and random chance of winning.
General Authority:
SDCL  42-7A-4,  42-7A-21.
Law Implemented:
SDCL  42-7A-4,  42-7A-21.
South Dakota Administrative Rules › Title 48 - South Dakota Lottery › Article 48:01 - Instant lottery requirements › Chapter 48:01:04 - Instant lottery games › Section 48:01:04:06 - Replacement of invalid or defective ticket

Current through Register Vol. 51, page 10, July 15, 2024
Any ticket not passing all the validation requirements unique to a particular instant game and those listed in §
									48:01:04:03  is void and no prize may be paid. The executive director may, at the executive director's option, replace an invalid ticket with an unplayed ticket in that instant game or a ticket of equivalent sales price from any other current instant game. If a defective ticket is purchased, the only responsibility or liability of the lottery commission or executive director is the replacement of the defective ticket with another unplayed ticket in that instant game or a ticket of equivalent sales price from any other current instant game. This is the sole remedy of a player.
General Authority:
SDCL  42-7A-21(2)(3)(4)(17).
Law Implemented:
SDCL  42-7A-21(2)(3)(4)(17).
South Dakota Administrative Rules › Title 48 - South Dakota Lottery › Article 48:01 - Instant lottery requirements › Chapter 48:01:04 - Instant lottery games › Section 48:01:04:07 - Deadline for claiming prizes

Current through Register Vol. 51, page 10, July 15, 2024
All instant game prizes must be claimed within 180 days of the announced end of the game or, in the case of a drawing prize, within 180 days after the drawing in which the prize was won. Any prize not claimed within the 180 days is forfeited.
General Authority:
SDCL  42-7A-21.
Law Implemented:
SDCL  42-7A-21
South Dakota Administrative Rules › Title 48 - South Dakota Lottery › Article 48:01 - Instant lottery requirements › Chapter 48:01:04 - Instant lottery games › Section 48:01:04:08 - Entry in instant game drawing process

Current through Register Vol. 51, page 10, July 15, 2024
Any instant game may include a drawing process in which cash or merchandise prizes are awarded. The means of entering and the prizes to be awarded shall be published in promotional material for the game.
Nonconforming and invalidated entries shall be disqualified.
General Authority:
SDCL  42-7A-21.
Law Implemented:
SDCL  42-7A-21
South Dakota Administrative Rules › Title 48 - South Dakota Lottery › Article 48:01 - Instant lottery requirements › Chapter 48:01:04 - Instant lottery games › Section 48:01:04:09 - Procedure for instant game drawings

Current through Register Vol. 51, page 10, July 15, 2024
Instant game drawing winners shall be randomly selected pursuant to the drawing procedures approved by the executive director, which shall include the following:
(1) The time and place of the drawing;
(2) The number of drawings and prizes awarded;
(3) The form of entry;
(4) The type of drawing equipment;
(5) The appointment of a drawing manager and security official to examine, test, secure, and operate the drawing equipment;
(6) The random selection of preliminary and final entries;
(7) The appointment of a drawing auditor to oversee that all rules and drawing requirements are met;
(8) The electronic recording of the drawings; and
(9) The written certification to the executive director of winning entries and drawing requirements.
General Authority:
SDCL  42-7A-21(1)(2)(4)(17).
Law Implemented:
SDCL  42-7A-21(1)(2)(4)(17).
South Dakota Administrative Rules › Title 48 - South Dakota Lottery › Article 48:01 - Instant lottery requirements › Chapter 48:01:04 - Instant lottery games › Section 48:01:04:10 - Highest instant prize to be paid

Current through Register Vol. 51, page 10, July 15, 2024
Only the highest instant prize amount shall be paid on a given ticket.
General Authority:
SDCL  42-7A-21.
Law Implemented:
SDCL  42-7A-21
South Dakota Administrative Rules › Title 48 - South Dakota Lottery › Article 48:01 - Instant lottery requirements › Chapter 48:01:04 - Instant lottery games › Section 48:01:04:11 - Procedure for claiming prize of $100 or less

Current through Register Vol. 51, page 10, July 15, 2024
To claim an instant game cash prize of $100 or less, a player must either present the winning ticket to any instant game retailer or mail or hand deliver the winning ticket to the lottery. The retailer shall verify the claim and, if valid, pay the amount due to the player. The retailer shall physically void the ticket. If the retailer does not verify the claim, the player shall fill out a claim form obtained from the retailer and present the completed form, together with the disputed ticket, to the lottery for validation. If the claim is validated by the lottery, a check in the amount due shall be forwarded to the player. If the claim is not validated by the lottery, the claim shall be denied and the player shall be notified of the denial.
General Authority:
SDCL  42-7A-21.
Law Implemented:
SDCL  42-7A-21
South Dakota Administrative Rules › Title 48 - South Dakota Lottery › Article 48:01 - Instant lottery requirements › Chapter 48:01:04 - Instant lottery games › Section 48:01:04:12 - Procedure for claiming prize of more than $100 - Noncash prizes

Current through Register Vol. 51, page 10, July 15, 2024
To claim an instant game cash prize of more than $100 or any noncash prize, a player shall complete the back of the winning ticket and fill out a claim form obtained from any retailer and either mail or hand deliver the completed form, together with the winning ticket, to the lottery for validation. Upon validation by the lottery, a check in the amount due, less any applicable moneys owed to agencies participating in the liability set-off program, shall be forwarded to the player. If the claim is not validated by the lottery, the claim shall be denied and the player shall be notified of the denial.
General Authority:
SDCL  42-7A-21.
Law Implemented:
SDCL  42-7A-21,  42-7A-38.
South Dakota Administrative Rules › Title 48 - South Dakota Lottery › Article 48:01 - Instant lottery requirements › Chapter 48:01:04 - Instant lottery games › Section 48:01:04:13 - Acceleration of payment prohibited

Current through Register Vol. 51, page 10, July 15, 2024
The payment of prize money may not be accelerated before its normal date of payment except in the event of the death of a prize winner during the annuity payment period. The commission, in its sole discretion and upon the petition of the estate of the prize winner, may accelerate the payment of all remaining prize proceeds to the estate. If the commission approves the request, the securities or cash, or both, held for the deceased prize winner which represents the present value of the portion of the future prize payments to be accelerated shall be distributed to the estate. The commission is solely responsible for the valuation of the securities and determination of the present value of the accelerated prize payment.
General Authority:
SDCL  42-7A-21(3)(17).
Law Implemented:
SDCL  42-7A-21(3)(17).
South Dakota Administrative Rules › Title 48 - South Dakota Lottery › Article 48:01 - Instant lottery requirements › Chapter 48:01:04 - Instant lottery games › Section 48:01:04:14 - Replacement of disputed ticket

Current through Register Vol. 51, page 10, July 15, 2024
If a winning ticket for an instant game bearing the player's signature in the area designated is not validated by the executive director and the invalidation is disputed by the player, the only remedy for the player is the replacement by the executive director, at the option of the executive director, of the disputed ticket with an unplayed instant game ticket from that instant game or a ticket of equivalent sales price from any other current instant game.
General Authority:
SDCL  42-7A-21.
Law Implemented:
SDCL  42-7A-21
South Dakota Administrative Rules › Title 48 - South Dakota Lottery › Article 48:01 - Instant lottery requirements › Chapter 48:01:04 - Instant lottery games › Section 48:01:04:15 - Ownership of ticket - Payment of prize

Current through Register Vol. 51, page 10, July 15, 2024
Until a signature is placed on the back of a ticket in the space designated, the ticket is owned by the physical possessor of the ticket. When a signature is placed on the back of a ticket in the space designated, the player whose signature appears in that area is the owner of the ticket and is entitled to any prize attributable to the ticket. Regardless of the name or names submitted on a claim form, the executive director may only pay the prize to the player whose signature appears on the back of the ticket in the space designated. If more than one signature appears on the back of the ticket, the executive director may only pay the prize to the player who is designated to receive payment by a release signed by all of the players whose names are signed on the back of the ticket in the space designated and, if more than one signature appears on the back of the ticket, must be the person designated to receive payment on the release.
General Authority:
SDCL  42-7A-21.
Law Implemented:
SDCL  42-7A-21,  42-7A-38.
South Dakota Administrative Rules › Title 48 - South Dakota Lottery › Article 48:01 - Instant lottery requirements › Chapter 48:01:04 - Instant lottery games › Section 48:01:04:16 - Prizes claimed in error

Current through Register Vol. 51, page 10, July 15, 2024
The lottery commission and executive director are not responsible for instant game tickets claimed by a player in error for a lower prize paid by a retailer.
General Authority:
SDCL  42-7A-21.
Law Implemented:
SDCL  42-7A-21
South Dakota Administrative Rules › Title 48 - South Dakota Lottery › Article 48:01 - Instant lottery requirements › Chapter 48:01:04 - Instant lottery games › Section 48:01:04:16.01 - Disclosure of winner

Current through Register Vol. 51, page 10, July 15, 2024
The lottery may publish the name, city, state of residence, and prize amount of instant game winners.
General Authority:
SDCL  42-7A-21(17).
Law Implemented:
SDCL  42-7A-21(17).
South Dakota Administrative Rules › Title 48 - South Dakota Lottery › Article 48:01 - Instant lottery requirements › Chapter 48:01:04 - Instant lottery games › Section 48:01:04:17 - End of game

Current through Register Vol. 51, page 10, July 15, 2024
The executive director at any time may publicly announce an ending date for an instant game by posting notice at each of the lottery validation centers and publishing notice in the
South Dakota Register
. No further tickets in that game may be sold after the ending date. An instant game may be ended by the executive director because of marketing conditions or security breaches.
General Authority:
SDCL  42-7A-21.
Law Implemented:
SDCL  42-7A-21
NOTE
: The
South Dakota Register
is published weekly by the Legislative Research Council. Subscriptions run from July 1 of one year to June 30 of the next. A subscription is $25 a year and may be ordered by mailing a check to the Legislative Research Council, State Capitol, 500 East Capitol, Pierre, South Dakota 57501. Checks should be made payable to the "State of South Dakota". Information from the Register is also available free of charge on the Internet at http://legis.state.sd.us/ [File Link Not Available].
South Dakota Administrative Rules › Title 48 - South Dakota Lottery › Article 48:01 - Instant lottery requirements › Chapter 48:01:05 - Instant lottery ticket sales on Indian reservations › Section 48:01:05:01 - Sale of instant game tickets on Indian reservations authorized

Current through Register Vol. 51, page 10, July 15, 2024
Lottery tickets for instant games may be sold within the exterior boundaries of Indian reservations in the state. The sale and distribution of instant game tickets is subject to the provisions of SDCL chapter 42-7 A and this article and the terms of the compacts made between the respective tribal governments and the state pursuant to the authority contained in the federal Indian Gaming Regulatory Act, 25 U.S.C. §
										2710 (3)(A) (1988).
General Authority:
SDCL  42-7A-19.1,  42-7A-21,  42-7A-49.
Law Implemented:
SDCL  42-7A-19.1.
Note:
Executed state-tribal compacts under the federal Indian Gaming Regulatory Act are filed with the Secretary of State.
South Dakota Administrative Rules › Title 48 - South Dakota Lottery › Article 48:01 - Instant lottery requirements › Chapter 48:01:05 - Instant lottery ticket sales on Indian reservations › Section 48:01:05:02 - Payment to tribal governments

Current through Register Vol. 51, page 10, July 15, 2024
The lottery shall pay each tribal government 50 percent of the state's net proceeds as defined in SDCL  42-7A-24 from the sale of instant lottery tickets within the exterior boundaries of its reservation.
General Authority:
SDCL  42-7A-19.1,  42-7A-21,  42-7A-49.
Law Implemented:
SDCL  42-7A-19.1.
South Dakota Administrative Rules › Title 48 - South Dakota Lottery › Article 48:01 - Instant lottery requirements › Chapter 48:01:05 - Instant lottery ticket sales on Indian reservations › Section 48:01:05:03 - Accounting records made available

Current through Register Vol. 51, page 10, July 15, 2024
The lottery shall make available to each tribal government an accounting of instant lottery ticket sales within the exterior boundaries of its reservation. The lottery shall remit to the tribal governments only the funds specified in §
									48:01:05:02. The lottery shall hold the funds in an escrow account on behalf of the respective tribal governments and transfer them each year in accordance with the provisions of SDCL  42-7A-24.
General Authority:
SDCL  42-7A-21,  42-7A-49.
Law Implemented:
SDCL  42-7A-19.1,  42-7A-24.
South Dakota Administrative Rules › Title 48 - South Dakota Lottery › Article 48:01 - Instant lottery requirements › Chapter 48:01:05 - Instant lottery ticket sales on Indian reservations › Section 48:01:05:04 - Transfer of funds

Current through Register Vol. 51, page 10, July 15, 2024
The lottery shall transfer funds from the sale of instant lottery tickets held in escrow beginning July 1, 1989, to the person or entity designated in the agreement negotiated between each tribal government and the state under §
									48:01:05:01.
General Authority:
SDCL  42-7A-19.1,  42-7A-21,  42-7A-49.
Law Implemented:
SDCL  42-7A-19.1.
Note:
Executed state-tribal compacts under the federal Indian Gaming Regulatory Act are filed with the Secretary of State.
South Dakota Administrative Rules › Title 48 - South Dakota Lottery › Article 48:01 - Instant lottery requirements › Chapter 48:01:05 - Instant lottery ticket sales on Indian reservations › Section 48:01:05:05 - Retailer's license application and renewal on Indian reservations - Fee

Current through Register Vol. 51, page 10, July 15, 2024
Any person selling instant tickets within the exterior boundaries of an Indian reservation in the state must be licensed. The application fee for a person applying to be licensed as instant game ticket retailer if $1,200 per location. If a license is not awarded, the executive director may return all or a portion of the application fee. However, no fee may be refunded after the date any lottery equipment is installed at the retailer's location. A retailer's license shall be renewed annually on October 30. The annual renewal fee is $150, which is waived in the first year the license is issued.
General Authority:
SDCL  42-7A-4(1) and (4),  42-7A-11,  42-7A-19.1,  42-7A-21(7), (16), and (17),  42-7A-49.
Law Implemented:
SDCL  42-7A-4(1) and (4),  42-7A-11,  42-7A-19.1,  42-7A-21(7), (16), and (17).
South Dakota Administrative Rules › Title 48 - South Dakota Lottery › Article 48:01 - Instant lottery requirements › Chapter 48:01:05 - Instant lottery ticket sales on Indian reservations › Section 48:01:05:06 - Communication fees and credits

Current through Register Vol. 51, page 10, July 15, 2024
A retailer selling instant tickets within the exterior boundaries of Indian reservations in the state shall be assessed a weekly charge of $12.93 for communication fees. Any retailer selling $5,000 or more in instant tickets in a single quarter shall be credited 13 weeks of communication fees ($168.09) at the end of that quarter. A retailer who is part of a chain in which the chain's per store average if $6,000 or more in instant ticket sales in a single quarter shall be credited 13 weeks of communication fees ($168.09) at the end of the quarter.
Any retailer licensed prior to July 1, 2010, is exempt from the communications fees established by this section.
General Authority:
SDCL  42-7A-4(1) and (4),  42-7A-19.1,  42-7A-21(7), (8), and (17),  42-7A-49.
Law Implemented:
SDCL  42-7A-4(1) and (4),  42-7A-10,  42-7A-11,  42-7A-19.1,  42-7A-21(7), (8), and (17),  42-7A-22.
South Dakota Administrative Rules › Title 48 - South Dakota Lottery › Article 48:02 - Video lottery requirements › Chapter 48:02:02 - Licensing qualifications › Section 48:02:02:01 - Additional qualifications for licensure

Current through Register Vol. 51, page 10, July 15, 2024
In addition to the qualifications required in SDCL  42-7A-43, the commission may not grant a video lottery license until the commission is satisfied that the applicant is:
(1) A person of good character, honesty, and integrity;
(2) A person whose background, including criminal record, reputation, and associations do not pose a threat to the public interest of the state or to the security and integrity of the lottery;
(3) A person who, either individually or through employees, demonstrates business ability and experience to establish, operate, and maintain the business for the type of license for which application is made;
(4) A person who demonstrates adequate financing for the business proposed under the type of license for which application is made. The commission shall consider whether financing is from a source that meets the qualifications in subdivisions (1), (2), and (3) of this section and is in an amount to ensure the likelihood of success in the performance of the licensee's duties and responsibilities under chapter 48:02:05;
(5) An operator who is qualified or whose employee or service agent is qualified as a Type II technician;
(6) An owner, operator, manager, or designated employee who is qualified as a Type I technician.
General Authority:
SDCL  42-7A-21(7),  42-7A-43.
Law Implemented:
SDCL  42-7A-21(7),  42-7A-43.
South Dakota Administrative Rules › Title 48 - South Dakota Lottery › Article 48:02 - Video lottery requirements › Chapter 48:02:02 - Licensing qualifications › Section 48:02:02:02 - Individual qualifications must be established

Current through Register Vol. 51, page 10, July 15, 2024
The commission may not grant a video lottery license to an applicant until the commission is satisfied that the individual qualifications of the following persons meet the requirements in SDCL  42-7A-43 and §
									48:02:02:01:
(1) Each person in whose name the license for the on-sale consumption of alcoholic beverages is issued;
(2) Each person associated with a corporate applicant, including any corporate holding, parent, or subsidiary company of the applicant, who in the opinion of the commission has the ability to control the activities of the corporate applicant or elect a majority of the board of directors of that corporation, other than a bank or other licensed lending institution which holds a mortgage or other lien acquired in the ordinary course of business;
(3) Each of the following persons associated with a noncorporate applicant:
(a) Persons who directly or indirectly hold any beneficial interest or ownership in the applicant; or
(b) Persons who in the opinion of the commission have the ability to control the applicant;
South Dakota Administrative Rules › Title 48 - South Dakota Lottery › Article 48:02 - Video lottery requirements › Chapter 48:02:02 - Licensing qualifications › Section 48:02:02:03 - Applicant required to furnish information

Current through Register Vol. 51, page 10, July 15, 2024
Applicants must furnish all information, including financial data and documents, certifications, consents, waivers, individual history forms, and other materials required or requested by the lottery or commission for purposes of determining qualifications required in SDCL  42-7A-42 and  42-7A-43 and chapter 48:02:02. No video lottery license may be granted to an applicant who fails to provide information and documentation required by SDCL 42-7A or requested by the commission. The burden of proving qualification for any video lottery license is on the applicant.
General Authority:
SDCL  42-7A-21(14),  42-7A-42,  42-7A-43.
Law Implemented:
SDCL  42-7A-21(14),  42-7A-42,  42-7A-43.
South Dakota Administrative Rules › Title 48 - South Dakota Lottery › Article 48:02 - Video lottery requirements › Chapter 48:02:02 - Licensing qualifications › Section 48:02:02:04 - Consent to examination of accounts and records

Current through Register Vol. 51, page 10, July 15, 2024
Each applicant must consent in writing to the examination of all accounts, bank accounts, and records in the applicant's possession or under the applicant's control and must authorize all third parties in possession or in control of the accounts or records to allow their examination as determined necessary by the commission or executive director in conducting background investigations.
General Authority:
SDCL  42-7A-21(16),  42-7A-43.
Law Implemented:
SDCL  42-7A-21(16),  42-7A-43.