reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 48 - South Dakota Lottery › Article 48:02 - Video lottery requirements › Chapter 48:02:02 - Licensing qualifications › Section 48:02:02:05 - Waiver of liability

Current through Register Vol. 51, page 10, July 15, 2024
Each applicant must accept any risk of adverse public notice, embarrassment, criticism, damages, or financial loss which may result from any disclosure or publication by a third party of any material or information requested by the lottery or commission pursuant to action on an application. The applicant expressly waives any claim against the lottery, the commission, the state of South Dakota and its employees for damages as a result thereof.
General Authority:
SDCL  42-7A-43.
Law Implemented:
SDCL  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 48:02:02:06 - Oath or affirmation and attorney certification

Current through Register Vol. 51, page 10, July 15, 2024
All application, registration, and disclosure forms and other documents submitted to the lottery or the commission by or on behalf of the applicant for purposes of determining qualification for a video lottery license shall be signed. All of the documents referenced above may be signed by electronic signature. The person making the application, registration or disclosure shall sign a statement printed or written thereon in the following form: "I declare and affirm under the penalties of perjury that this application, registration or report has been examined by me. and to the best of my knowledge and belief is in all things true and correct." If any forms or documents are signed by an attorney for the applicant, the signing constitutes a certification by the attorney that the attorney has read the forms or documents and that, to the best of the attorney's knowledge, information, and belief, their contents are true.
General Authority:
SDCL  42-7A-43.
Law Implemented:
SDCL  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 48:02:02:07 - Duty to provide accurate and material information

Current through Register Vol. 51, page 10, July 15, 2024
Any applicant who fails to reveal any fact material to qualification or submits information that is untrue or misleading as to a material fact of qualification, may result in the denial, revocation, or suspension of a video lottery license.
General Authority:
SDCL  42-7A-14(5),  42-7A-43.
Law Implemented:
SDCL  42-7A-14(5),  42-7A-43.
South Dakota Administrative Rules › Title 48 - South Dakota Lottery › Article 48:02 - Video lottery requirements › Chapter 48:02:03 - Licensing of manufacturers, distributors, operators, and establishments › Section 48:02:03:01 - Form of application

Current through Register Vol. 51, page 10, July 15, 2024
All applicants required to be qualified and licensed as manufacturers, distributors, operators, establishments, and persons under subdivision 48:02:02:02(5) must provide all information required in chapter 48:02:02 and complete the forms provided by the lottery.
General Authority:
SDCL  42-7A-21(16).
Law Implemented:
SDCL  42-7A-21(16).
South Dakota Administrative Rules › Title 48 - South Dakota Lottery › Article 48:02 - Video lottery requirements › Chapter 48:02:03 - Licensing of manufacturers, distributors, operators, and establishments › Section 48:02:03:02 - Submission of application

Current through Register Vol. 51, page 10, July 15, 2024
All applications shall be submitted to the South Dakota Lottery at its office in Pierre.
General Authority:
SDCL  42-7A-21(16).
Law Implemented:
SDCL  42-7A-21(16).
South Dakota Administrative Rules › Title 48 - South Dakota Lottery › Article 48:02 - Video lottery requirements › Chapter 48:02:03 - Licensing of manufacturers, distributors, operators, and establishments › Section 48:02:03:03 - Application fees

Current through Register Vol. 51, page 10, July 15, 2024
An application fee of $50 shall accompany each application. An application fee of $25 shall accompany each application of those persons who qualify under subdivision 48:02:02:02(5) only and who are not included under subdivisions (1) to (4), inclusive, of §
									48:02:02:02.
General Authority:
SDCL  42-7A-21(16).
Law Implemented:
SDCL  42-7A-16(7),  42-7A-41.
South Dakota Administrative Rules › Title 48 - South Dakota Lottery › Article 48:02 - Video lottery requirements › Chapter 48:02:03 - Licensing of manufacturers, distributors, operators, and establishments › Section 48:02:03:04 - Consideration of applications by commission

Current through Register Vol. 51, page 10, July 15, 2024
The lottery shall only consider complete applications for licensure. Applications are complete when the applicant has submitted the following:
(1) All information required or requested by the lottery in chapter 48:02:02;
(2) Completed and executed forms and documents; and
(3) Payment of the application fees and costs in §
									48:02:03:03.
General Authority:
SDCL  42-7A-21(16).
Law Implemented:
SDCL  42-7A-21(16).
South Dakota Administrative Rules › Title 48 - South Dakota Lottery › Article 48:02 - Video lottery requirements › Chapter 48:02:03 - Licensing of manufacturers, distributors, operators, and establishments › Section 48:02:03:05 - Issuance of license

Current through Register Vol. 51, page 10, July 15, 2024
The lottery shall issue the applicable license after the background investigations are concluded; the lottery determines the applicant is qualified under SDCL 42-7A and this article; and the applicable license fees in §
									48:02:03:11  are remitted.
General Authority:
SDCL  42-7A-21(16).
Law Implemented:
SDCL  42-7A-43.
South Dakota Administrative Rules › Title 48 - South Dakota Lottery › Article 48:02 - Video lottery requirements › Chapter 48:02:03 - Licensing of manufacturers, distributors, operators, and establishments › Section 48:02:03:06 - Provisional licensure

Current through Register Vol. 51, page 10, July 15, 2024
The lottery may issue a provisional license subject to the applicant meeting the conditions required by the lottery. The lottery may issue a provisional license to applicants whose applications are complete under §
									48:02:03:04  for purposes of allowing persons named in the application to participate in training seminars in preparation for qualification as a Type I or II technician. The lottery shall restrict the type of activities the applicant may engage in under the terms of the provisional license. The lottery shall issue a license to the applicant after the performance of the conditions is approved.
General Authority:
SDCL  42-7A-21(16).
Law Implemented:
SDCL  42-7A-21(16).
Maintenance of video lottery machines, ch 48:02:10.
South Dakota Administrative Rules › Title 48 - South Dakota Lottery › Article 48:02 - Video lottery requirements › Chapter 48:02:03 - Licensing of manufacturers, distributors, operators, and establishments › Section 48:02:03:07 - Notice of incomplete application

Current through Register Vol. 51, page 10, July 15, 2024
The lottery shall notify applicants if their application is incomplete and shall state the areas in which it is deficient.
General Authority:
SDCL  42-7A-21(16).
Law Implemented:
SDCL  42-7A-21(16).
South Dakota Administrative Rules › Title 48 - South Dakota Lottery › Article 48:02 - Video lottery requirements › Chapter 48:02:03 - Licensing of manufacturers, distributors, operators, and establishments › Section 48:02:03:08 - Notice of unapproved investigation or testing

Current through Register Vol. 51, page 10, July 15, 2024
The lottery shall notify applicants in writing of denial for licensure or machine approval and cite the reasons for its determination.
General Authority:
SDCL  42-7A-21(16).
Law Implemented:
SDCL  42-7A-21(16).
General video lottery machine requirements, ch 48:02:07; Video lottery machine hardware and software requirements, ch 48:02:08.
South Dakota Administrative Rules › Title 48 - South Dakota Lottery › Article 48:02 - Video lottery requirements › Chapter 48:02:03 - Licensing of manufacturers, distributors, operators, and establishments › Section 48:02:03:09 - Procedure for review of license denial

Current through Register Vol. 51, page 10, July 15, 2024
Applicants may request a hearing before the commission to review a license denial. A request for hearing must be made in writing and received by the lottery within ten days from the date of denial. The request for hearing must be signed by the applicant and state the applicant's reasons, including supporting documentation, for license approval.
General Authority:
SDCL  42-7A-21(16).
Law Implemented:
SDCL  42-7A-21(16).
South Dakota Administrative Rules › Title 48 - South Dakota Lottery › Article 48:02 - Video lottery requirements › Chapter 48:02:03 - Licensing of manufacturers, distributors, operators, and establishments › Section 48:02:03:10 - Hearing on review of denial by commission

Current through Register Vol. 51, page 10, July 15, 2024
A hearing to review a license denial shall be heard by the commission at its next regularly scheduled meeting and shall be conducted in accordance with the contested case provisions of SDCL 1-26.
General Authority:
SDCL  42-7A-21(16).
Law Implemented:
SDCL 1-26, 42-7A-21(16).
South Dakota Administrative Rules › Title 48 - South Dakota Lottery › Article 48:02 - Video lottery requirements › Chapter 48:02:03 - Licensing of manufacturers, distributors, operators, and establishments › Section 48:02:03:11 - License fees - Renewal fees and dates

Current through Register Vol. 51, page 10, July 15, 2024
A licensee shall pay the following license fees annually, as applicable:
(1) Manufacturer, $5,000;
(2) Distributor, $5,000;
(3) Operator, the greater of $1,000 or $100 for each machine licensed;
(4) Establishment, $100.
A manufacturer or a distributor shall pay the fee at the time of license issuance and shall pay the renewal fee by June 30 each year.
An operator shall remit the license fee for each new machine licensed on the date specified on the billing statement. By July 31 each year, an operator shall pay a renewal fee of $100 for each machine licensed as of June 30 or $1,000, whichever is greater.
An establishment shall pay the fee at the time of license issuance and shall pay the renewal fee annually by the end of the quarter in which the license was first issued. Effective renewal dates are September 30, December 30, March 31, and June 30.
General Authority:
SDCL  42-7A-21(16).
Law Implemented:
SDCL  42-7A-41.
Declaratory Ruling:
"New machine" as used in the above-cited rule is defined as any machine that is brought into service and for which the annual $100 renewal fee has not been paid. The additional fee is to be charged for machines new to the system. South Dakota Lottery Commission Declaratory Ruling dated March 27, 1997.
South Dakota Administrative Rules › Title 48 - South Dakota Lottery › Article 48:02 - Video lottery requirements › Chapter 48:02:03 - Licensing of manufacturers, distributors, operators, and establishments › Section 48:02:03:12 - Renewal of license

Current through Register Vol. 51, page 10, July 15, 2024
The lottery shall renew all video lottery licenses annually provided each licensee submits the applicable renewal fee, completes the renewal forms provided by the lottery, and continues to meet the qualifications in chapter 48:02:02.
General Authority:
SDCL  42-7A-21(16).
Law Implemented:
SDCL  42-7A-41.
South Dakota Administrative Rules › Title 48 - South Dakota Lottery › Article 48:02 - Video lottery requirements › Chapter 48:02:03 - Licensing of manufacturers, distributors, operators, and establishments › Section 48:02:03:13 - Notice of change affecting license

Current through Register Vol. 51, page 10, July 15, 2024
Licensees must immediately notify the lottery of any proposed change of ownership or any transaction that requires approval of qualifications under chapter 48:02:02.
General Authority:
SDCL  42-7A-21(16).
Law Implemented:
SDCL  42-7A-41.
South Dakota Administrative Rules › Title 48 - South Dakota Lottery › Article 48:02 - Video lottery requirements › Chapter 48:02:04 - Enforcement › Section 48:02:04:01 - Criteria for suspension, revocation, and denial of license renewal

Current through Register Vol. 51, page 10, July 15, 2024
The commission may suspend, revoke, or deny renewal of a license for any violation of or noncompliance with the provisions of SDCL 42-7A or this title.
General Authority:
SDCL  42-7A-21(16)(17).
Law Implemented:
SDCL  42-7A-21(6),  42-7A-11,  42-7A-56(3).
South Dakota Administrative Rules › Title 48 - South Dakota Lottery › Article 48:02 - Video lottery requirements › Chapter 48:02:04 - Enforcement › Section 48:02:04:02 - Imposition of civil fines

Current through Register Vol. 51, page 10, July 15, 2024
The commission may impose civil fines authorized in SDCL  42-7A-4(12)  in lieu of or in addition to other actions taken against a licensee.
General Authority:
SDCL  42-7A-4(16).
Law Implemented:
SDCL  42-7A-4(12).
South Dakota Administrative Rules › Title 48 - South Dakota Lottery › Article 48:02 - Video lottery requirements › Chapter 48:02:04 - Enforcement › Section 48:02:04:03 - Hearing on suspension, revocation, denial of license renewal, or imposition of civil fines

Current through Register Vol. 51, page 10, July 15, 2024
A notice and hearing regarding suspension, revocation, denial of license renewal, or violations of SDCL 42-7A and this title shall be conducted by the commission in accordance with the contested case provisions of SDCL 1-26.
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 48:02 - Video lottery requirements › Chapter 48:02:04 - Enforcement › Section 48:02:04:04 - Scheduling of hearings

Current through Register Vol. 51, page 10, July 15, 2024
Hearings by the commission on suspension, revocation, denial of license renewal, or violations of SDCL 42-7A and this title shall be held at its next regularly scheduled monthly meeting provided the notice of hearing is sent within ten days of the meeting date.
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 48:02 - Video lottery requirements › Chapter 48:02:05 - Duties of licensees › Section 48:02:05:01 - General duties of all video lottery licensees

Current through Register Vol. 51, page 10, July 15, 2024
The general duties required of each video lottery licensee are as follows:
(1) Promptly report any violation or any facts or circumstances that may result in a violation of SDCL 42-7A or this title;
(2) Conduct the licensee's video lottery operations in a manner that does not pose a threat to the public health, safety, and welfare of the citizens of South Dakota; reflect adversely on the security or integrity of the lottery; or harm the video lottery industry;
(3) Hold the lottery, the commission, and the state of South Dakota harmless from any and all claims that may be made against a licensee, the lottery, commission, or the state of South Dakota arising from the licensee's participation in or the operation of the video lottery;
(4) Defend and pay for the defense of all claims that may be made against the lottery, the commission, or the state of South Dakota arising from the licensee's participation in or operation of the video lottery;
(5) Assist the lottery to maximize revenues to the state of South Dakota; and
(6) Keep current in all payments and obligations to other licensees with whom video lottery business is conducted.
General Authority:
SDCL  42-7A-21(17),  42-7A-43.
Law Implemented:
SDCL  42-7A-4(9),  42-7A-13(4),  42-7A-21(17),  42-7A-43.
South Dakota Administrative Rules › Title 48 - South Dakota Lottery › Article 48:02 - Video lottery requirements › Chapter 48:02:05 - Duties of licensees › Section 48:02:05:02 - Duties of licensed manufacturers

Current through Register Vol. 51, page 10, July 15, 2024
Specific duties of licensed manufacturers are as follows:
(1) Manufacture machines and associated equipment for placement in the state in accordance with the specifications and procedures in chapters 48:02:07 and 48:02:08;
(2) Manufacture machines and associated equipment to ensure timely delivery;
(3) Maintain and provide an inventory of associated equipment to ensure the timely repair and continued, approved operation and play of machines purchased for placement in the state;
(4) Provide in accordance with chapter 48:02:10 technical assistance and training in the service and repair of its machines and associated equipment to video lottery distributors and operators to ensure the continued, approved operation and play of its machines purchased for placement in the state;
(5) Provide a competitive market for maximizing machine placement in the state;
(6) Comply with the provisions of the Gaming Device Act of 1962, 15 U.S.C. §
										1173; and
(7) Obtain certification of compliance under the provisions of Part 15 of the FCC rules for all machines placed in the state.
General Authority:
SDCL  42-7A-21(17),  42-7A-43.
Law Implemented:
SDCL  42-7A-21(17),  42-7A-43.
South Dakota Administrative Rules › Title 48 - South Dakota Lottery › Article 48:02 - Video lottery requirements › Chapter 48:02:05 - Duties of licensees › Section 48:02:05:03 - Duties of licensed distributors

Current through Register Vol. 51, page 10, July 15, 2024
Specific duties of licensed distributors are as follows:
(1) Sell only machines and associated equipment approved under chapters 48:02:07 and 48:02:08 for placement in the state to licensed operators;
(2) Coordinate all machine and associated equipment orders with the manufacturer to ensure delivery within the time period stated;
(3) Maintain and provide an inventory of associated equipment to ensure the timely repair and continued, approved operation and play of machines it sells for placement in the state;
(4) Provide in accordance with chapter 48:02:10 technical assistance and training in the service and repair of machines and associated equipment it sells to operators to ensure the continued, approved operation and play of the machines purchased for placement in the state;
(5) Provide a competitive market for maximizing machine placement in the state; and
(6) May broker the selling of video lottery machines from one licensed operator to another licensed operator.
General Authority:
SDCL  42-7A-21(17),  42-7A-43.
Law Implemented:
SDCL  42-7A-21(17),  42-7A-43.
South Dakota Administrative Rules › Title 48 - South Dakota Lottery › Article 48:02 - Video lottery requirements › Chapter 48:02:05 - Duties of licensees › Section 48:02:05:03.01 - Permitted activities of licensed distributors

Current through Register Vol. 51, page 10, July 15, 2024
Licensed distributors may broker the selling of video lottery machines from one licensed operator to another licensed operator.
General Authority:
SDCL  42-7A-21(17),  42-7A-43.
Law Implemented:
SDCL  42-7A-21,  42-7A-43.
South Dakota Administrative Rules › Title 48 - South Dakota Lottery › Article 48:02 - Video lottery requirements › Chapter 48:02:05 - Duties of licensees › Section 48:02:05:04.01 - Duties of service agents

Current through Register Vol. 51, page 10, July 15, 2024
Specific duties of service agents are as follows:
(1) Receive and retain qualification as a Type II technician;
(2) Maintain and provide an inventory of associated equipment in conjunction with the operator to ensure the repair and continued operation of all video lottery machines it is under contract to service in accordance with chapter 48:02:10;
(3) Maintain all skills necessary for the repair and service of machines and associated equipment to ensure the continued operation of all video lottery machines it is under contract to service in accordance with chapter 48:02:10;
(4) Attend all meetings, seminars, and training sessions for the repair and maintenance of machines and associated equipment required by the lottery and this article;
(5) Notify the lottery and the operator with whom it contracts of any recurring electronic or mechanical machine malfunctions or other problems experienced in a particular approved machine model;
(6) Provide the lottery with a copy of the service contracts and notify the lottery of any material change in the service contracts;
(7) Comply with all Type II technician requirements; and
(8) Enter into contracts that will support and assist the operator to comply with this chapter.
General Authority:
SDCL  42-7A-21(17),  42-7A-43.
Law Implemented:
SDCL  42-7A-21(17),  42-7A-43.
South Dakota Administrative Rules › Title 48 - South Dakota Lottery › Article 48:02 - Video lottery requirements › Chapter 48:02:05 - Duties of licensees › Section 48:02:05:06 - Posting of video lottery odds

Current through Register Vol. 51, page 10, July 15, 2024
The management of a licensed establishment shall post the overall odds of winning each video lottery game authorized by §
									48:02:07:01. The odds must be posted in the area where the video lottery machines are located and must be visible to the public. Only video lottery odds provided by the lottery may be used to comply with this section.
In addition, the lottery shall print a brochure that contains the average odds of winning a particular hand or combination in a video lottery game. The management of the licensed establishment shall make the brochure available to the public in the area where the video lottery machines are located.
General Authority:
SDCL  42-7A-8(8),  42-7A-38.
Law Implemented:
SDCL  42-7A-41.2.
South Dakota Administrative Rules › Title 48 - South Dakota Lottery › Article 48:02 - Video lottery requirements › Chapter 48:02:06 - Accounting › Section 48:02:06:01 - Lottery to provide communications protocol

Current through Register Vol. 51, page 10, July 15, 2024
The lottery shall provide licensed manufacturers or manufacturers applying for licensure the protocol documentation necessary to enable their machines to communicate with the lottery's central computer in providing the auditing program information and controls approved by the commission.
General Authority:
SDCL  42-7A-21(15),  42-7A-4(8).
Law Implemented:
SDCL  42-7A-4(8),  42-7A-37(7).
South Dakota Administrative Rules › Title 48 - South Dakota Lottery › Article 48:02 - Video lottery requirements › Chapter 48:02:06 - Accounting › Section 48:02:06:02 - Remittance of state's percentage of net machine income

Current through Register Vol. 51, page 10, July 15, 2024
Machine owners shall remit to the lottery on the date specified on each billing statement the state's percentage of net machine income on all their machines within the time periods required in SDCL  42-7A-45.
General Authority:
SDCL  42-7A-21(15).
Law Implemented:
SDCL  42-7A-8(9),  42-7A-21,  42-7A-45.
State's percentage of net machine income, SDCL  42-7A-63.
South Dakota Administrative Rules › Title 48 - South Dakota Lottery › Article 48:02 - Video lottery requirements › Chapter 48:02:06 - Accounting › Section 48:02:06:03 - Remittance through electronic transfer of funds

Current through Register Vol. 51, page 10, July 15, 2024
The state's percentage of net machine income shall be remitted to the lottery through the electronic transfer of funds. Operators shall furnish to the lottery all information and bank authorizations required to facilitate the timely payment of moneys due the state general fund. Operators must provide the lottery 30 days advance notice of any proposed account changes to ensure the uninterrupted electronic transfer of funds.
General Authority:
SDCL  42-7A-21(15).
Law Implemented:
SDCL  42-7A-8(9),  42-7A-45.
South Dakota Administrative Rules › Title 48 - South Dakota Lottery › Article 48:02 - Video lottery requirements › Chapter 48:02:06 - Accounting › Section 48:02:06:04 - Penalty for late payment or insufficient funds payment

Current through Register Vol. 51, page 10, July 15, 2024
Operators shall maintain a balance in their account in an amount to cover the state's percentage of net machine income drawn by the lottery on the dates set forth in §
									48:02:06:02. Failure to maintain a balance in the account as required in this section shall result in the assessment of an interest penalty pursuant to SDCL  42-7A-45. Failure to remit full payment, including interest penalties, prior to the next payment date may result in license suspension or revocation, the imposition of civil fines, or machine disablement in preventing further play.
General Authority:
SDCL  42-7A-4(6),  42-7A-4(12),  42-7A-8(9).
Law Implemented:
SDCL  42-7A-8(9),  42-7A-21(14).
South Dakota Administrative Rules › Title 48 - South Dakota Lottery › Article 48:02 - Video lottery requirements › Chapter 48:02:06 - Accounting › Section 48:02:06:05 - Record keeping requirements

Current through Register Vol. 51, page 10, July 15, 2024
Operators shall retain audit information that includes an electronic or paper duplicate of all t ticket vouchers and transactions required to be recorded by §
									48:02:08:05(1), (2), (3), (4), (5), (6), and (9). The audit information shall be kept for a period of three years, identified by machine, and stored in a secure area.
General Authority:
SDCL  42-7A-4(9),  42-7A-21(15).
Law Implemented:
SDCL  42-7A-45.
South Dakota Administrative Rules › Title 48 - South Dakota Lottery › Article 48:02 - Video lottery requirements › Chapter 48:02:06 - Accounting › Section 48:02:06:06 - Duty to notify of accounting discrepancies

Current through Register Vol. 51, page 10, July 15, 2024
An operator shall keep accurate records of net machine income generated from each machine. The lottery shall prepare and provide to the operator a statement reflecting the net machine income and the state's percentage of that amount prior to the date payment is remitted through the electronic transfer of funds. An operator must report to the lottery any discrepancies in net machine income between the lottery's statement and each of its machine's mechanical and electronic meter readings. The lottery is not responsible for resolving discrepancies in net machine income between actual money collected and the amount shown on the accounting meters or billing statement.
General Authority:
SDCL  42-7A-21(15).
Law Implemented:
SDCL  42-7A-45.
South Dakota Administrative Rules › Title 48 - South Dakota Lottery › Article 48:02 - Video lottery requirements › Chapter 48:02:06 - Accounting › Section 48:02:06:07 - Settlement of accounts

Current through Register Vol. 51, page 10, July 15, 2024
Until an accounting discrepancy is resolved, the lottery shall make no credit adjustments. The operator shall submit to the lottery the maintenance log that includes current mechanical meter readings and the audit ticket that contains electronic meter readings generated by the machine's software for each machine that reflects a discrepancy. If the meter readings and the lottery's records cannot be reconciled, final disposition of the matter shall be determined. Upon notification to the lottery, electronic accounting meters may be cleared without a lottery employee present by a manufacturer or by a Type II technician replacing the main logic board with a board that has been previously cleared by a manufacturer. Any accounting discrepancies that cannot be resolved by reason of a violation of this section shall be resolved in favor of the state.
General Authority:
SDCL  42-7A-4,  42-7A-21(15).
Law Implemented:
SDCL  42-7A-4,  42-7A-21(15),  42-7A-45.
South Dakota Administrative Rules › Title 48 - South Dakota Lottery › Article 48:02 - Video lottery requirements › Chapter 48:02:06 - Accounting › Section 48:02:06:08 - Manual reporting and payment may be required

Current through Register Vol. 51, page 10, July 15, 2024
Operators shall mail and remit payment of the state's percentage of net machine if any of the following events occur:
(1) The electronic transfer of funds is not operational;
(2) The machine is incapable of communicating with the central computer; and
(3) Program modifications to the accounting software are necessitated due to recurring accounting discrepancies in the lottery's statements.
The lottery shall notify operators when remittance by this method is required. Operators shall report the amount of net machine income per machine and remit payment for the state's percentage of the total amount of net machine income generated from its machines during the reporting period.
General Authority:
SDCL  42-7A-4,  42-7A-21(15).
Law Implemented:
SDCL  42-7A-21(15),  42-7A-45.
South Dakota Administrative Rules › Title 48 - South Dakota Lottery › Article 48:02 - Video lottery requirements › Chapter 48:02:06 - Accounting › Section 48:02:06:09 - Requests of reports

Current through Register Vol. 51, page 10, July 15, 2024
Any operator may request additional reports available on play transactions of the operator's machines and other marketing information not considered confidential by the lottery. The lottery may charge a fee for the cost of producing and mailing such reports other than the statements referred to in §
									48:02:06:06.
General Authority:
SDCL  42-7A-4(5),  42-7A-21(15),  42-7A-21(17),  42-7A-50.
Law Implemented:
SDCL  42-7A-21(17),  42-7A-50.
South Dakota Administrative Rules › Title 48 - South Dakota Lottery › Article 48:02 - Video lottery requirements › Chapter 48:02:07 - General video lottery machine requirements › Section 48:02:07:01 - Video games authorized

Current through Register Vol. 51, page 10, July 15, 2024
Video lottery machines licensed under SDCL 42-7A may offer the following video games:
(1) Draw poker;
(2) Keno;
(3) Blackjack; and
(4) Line-up symbols and numbers.
A video lottery machine may simulate the play of one or more of the authorized video games.
General Authority:
SDCL  42-7A-21(10).
Law Implemented:
SDCL  42-7A-1(13).
South Dakota Administrative Rules › Title 48 - South Dakota Lottery › Article 48:02 - Video lottery requirements › Chapter 48:02:07 - General video lottery machine requirements › Section 48:02:07:02 - Application for approval of a video lottery machine

Current through Register Vol. 51, page 10, July 15, 2024
A manufacturer or distributor shall not distribute a video lottery machine for placement in the state unless it has been approved by the lottery. Only licensed manufacturers may apply for approval of a video lottery machine or associated equipment. The manufacturer may be required to submit two copies of machine illustrations, schematics, block diagrams, circuit analysis, technical and operation manuals, program source codes and hexadecimal dumps (the compiled computer program represented in base 16 format), and any other information requested by the lottery for purposes of analyzing and testing the video lottery machine or associated equipment.
General Authority:
SDCL  42-7A-21(10),  42-7A-21(11).
Law Implemented:
SDCL  42-7A-40.
South Dakota Administrative Rules › Title 48 - South Dakota Lottery › Article 48:02 - Video lottery requirements › Chapter 48:02:07 - General video lottery machine requirements › Section 48:02:07:03 - Testing of video lottery machines

Current through Register Vol. 51, page 10, July 15, 2024
The lottery may require two working models of a video lottery machine transported to the location it designates for testing, examination, and analysis. The manufacturer shall pay all costs of any testing, examination, analysis, and transportation of the machine models. The testing, examination, and analysis of the machine models may include entire dismantling of the machine and some tests may result in damage or destruction to one or more electronic components of the machine. The lottery may require that the manufacturer provide specialized equipment or the services of an independent technical expert to test the machine.
General Authority:
SDCL  42-7A-21(10),  42-7A-21(11).
Law Implemented:
SDCL  42-7A-40.
South Dakota Administrative Rules › Title 48 - South Dakota Lottery › Article 48:02 - Video lottery requirements › Chapter 48:02:07 - General video lottery machine requirements › Section 48:02:07:04 - Report of test results

Current through Register Vol. 51, page 10, July 15, 2024
After each test has been completed, the lottery shall provide the machine manufacturer a report that contains findings, conclusions, and pass/fail results. The report may contain recommendations for video lottery machine modifications to bring it into compliance with SDCL 42-7A and this article. Prior to approving a particular machine model, the lottery may require a trial period to test the machine in a licensed establishment not to exceed 60 days. During the trial period, the manufacturer may not make any modifications to the machine model unless approved by the lottery. The lottery shall affix seals to each machine during the test period.
General Authority:
SDCL  42-7A-21(10),  42-7A-21(11).
Law Implemented:
SDCL  42-7A-40.
South Dakota Administrative Rules › Title 48 - South Dakota Lottery › Article 48:02 - Video lottery requirements › Chapter 48:02:07 - General video lottery machine requirements › Section 48:02:07:05 - Modifications to previously approved models

Current through Register Vol. 51, page 10, July 15, 2024
The machine manufacturer and distributor are responsible for the assembly and initial operation of all video lottery machines and associated equipment in the manner approved and licensed by the commission. The manufacturer and distributor may not change the assembly or operational functions of a machine for placement in the state unless a request for "modification to an existing video lottery machine prototype" is made to the commission that contains information relating to the type of change, reason for change, and all documentation required in §
									48:02:07:02.
In emergency cases, if a change is necessary to prevent cheating or malfunction, temporary approval may be requested prior to submitting the request for modification to an existing video lottery machine prototype. This approval, if granted, must be followed within 15 days by a written request noting that temporary approval was given and providing all information required in this section.
General Authority:
SDCL  42-7A-21(10),  42-7A-21(11).
Law Implemented:
SDCL  42-7A-40.
South Dakota Administrative Rules › Title 48 - South Dakota Lottery › Article 48:02 - Video lottery requirements › Chapter 48:02:07 - General video lottery machine requirements › Section 48:02:07:06 - Conformity to prototype

Current through Register Vol. 51, page 10, July 15, 2024
Each video lottery machine licensed for placement in a licensed establishment must conform to the exact specifications of the lottery machine prototype tested and approved by the commission.
General Authority:
SDCL  42-7A-21(10),  42-7A-21(11).
Law Implemented:
SDCL  42-7A-40.
South Dakota Administrative Rules › Title 48 - South Dakota Lottery › Article 48:02 - Video lottery requirements › Chapter 48:02:07 - General video lottery machine requirements › Section 48:02:07:07 - Operation of video lottery machines

Current through Register Vol. 51, page 10, July 15, 2024
Each video lottery machine must at all times operate and play in accordance with the provisions of SDCL 42-7A and this article.
General Authority:
SDCL  42-7A-21(10),  42-7A-21(11).
Law Implemented:
SDCL  42-7A-40.
South Dakota Administrative Rules › Title 48 - South Dakota Lottery › Article 48:02 - Video lottery requirements › Chapter 48:02:07 - General video lottery machine requirements › Section 48:02:07:08 - Confiscation and seizure of machines

Current through Register Vol. 51, page 10, July 15, 2024
Any video lottery machine or modifications not approved or not discovered by the lottery at the time of licensing, which is in violation of SDCL 42-7A or this article, shall constitute cause for sealing or seizing any or all of the manufacturer's video lottery machines in use within the state that are in noncompliance.
If the lottery elects to seize or seal video lottery machines, it shall determine the type and estimated number of lottery machines not in compliance. A notice and hearing regarding violations of SDCL 42-7A and this article shall be conducted by the commission in accordance with the contested case provisions of SDCL 1-26. If seizure is effected prior to a hearing, a hearing must be conducted not less than 20 days from the date of seizure.
General Authority:
SDCL  42-7A-21(11).
Law Implemented:
SDCL  42-7A-36.
South Dakota Administrative Rules › Title 48 - South Dakota Lottery › Article 48:02 - Video lottery requirements › Chapter 48:02:07 - General video lottery machine requirements › Section 48:02:07:09 - Obsolete machine designation request

Current through Register Vol. 51, page 10, July 15, 2024
If a manufacturer cannot provide associated equipment for an approved machine, the manufacturer may request that its approved machine be declared obsolete by the commission. A request must be made in writing and include justification and information supporting the request. The manufacturer has the burden of proving an approved machine is obsolete. A request may not be made until seven years after initial approval of the machine prototype by the commission.
General Authority:
SDCL  42-7A-21(10)(11)(13)(17).
Law Implemented:
SDCL  42-7A-21(10)(11)(13)(17).
South Dakota Administrative Rules › Title 48 - South Dakota Lottery › Article 48:02 - Video lottery requirements › Chapter 48:02:07 - General video lottery machine requirements › Section 48:02:07:10 - Commission consideration of obsolete machine request

Current through Register Vol. 51, page 10, July 15, 2024
In considering a request made pursuant to §
									48:02:07:09, the commission shall utilize the services of an independent technical expert to verify the justification and information supporting the request. The manufacturer shall reimburse the lottery for all costs of any testing, examination, or analysis of the request.
General Authority:
SDCL  42-7A-21(10)(11)(13)(17).
Law Implemented:
SDCL  42-7A-21(10)(11)(13)(17),  42-7A-40.
South Dakota Administrative Rules › Title 48 - South Dakota Lottery › Article 48:02 - Video lottery requirements › Chapter 48:02:07 - General video lottery machine requirements › Section 48:02:07:11 - Declaration of obsolete machine

Current through Register Vol. 51, page 10, July 15, 2024
After receipt and consideration of a manufacturer's request pursuant to §§
									48:02:07:09  and 48:02:07:10, the commission may, after a public hearing, declare an approved machine obsolete. For each machine declared obsolete:
(1) The manufacturer is not subject to subdivisions 48:02:05:02(1) to 48:02:05:02(3), inclusive;
(2) No distributor is subject to subdivision 48:02:05:03(3);
(3) No operator is subject to subdivision 48:02:05:04(2); and
(4) No service agent is subject to subdivision 48:02:05:04.01(2).
General Authority:
SDCL  42-7A-21(10)(11)(13)(17).
Law Implemented:
SDCL  42-7A-21(10)(11)(13)(17).
Declaratory Ruling:
The South Dakota Lottery Commission has determined, based on information filed by IGT of Rapid City regarding obsolete video lottery machines, that:
(A) The Stipulation of the parties, which is on file in the office of the Legislative Research Council, is approved in toto, and the terms and conditions of the Stipulation are adopted;
(B) That pursuant to ARSD 48:03:07:10, and subject to the terms and conditions of the Stipulation, the Commission hereby determines and declares that the VLC 8700 video lottery machine is obsolete; and
(C) IGT shall no longer be subject to the provisions of ARSD 48:02:05:02(1) to 48:02:05:02(3), except to the extent of the terms and conditions set forth in the Stipulation.
Dated this 4th day of January, 2008.
South Dakota Administrative Rules › Title 48 - South Dakota Lottery › Article 48:02 - Video lottery requirements › Chapter 48:02:08 - Video lottery machine hardware and software requirements › Section 48:02:08:01 - Hardware specifications

Current through Register Vol. 51, page 10, July 15, 2024
Each video lottery machine licensed for placement in the state must meet the following hardware specifications:
(1) Electrical and mechanical parts and design principles may not subject a player to physical hazards;
(2) A surge protector must be installed on the line that feeds power to the machine. The battery backup or an equivalent for the electronic meters must be capable of maintaining accuracy of all information required in SDCL  42-7A-37(5) and (6)  for 180 days after power is discontinued from the machine. The backup device shall be kept within the locked logic board compartment;
(3) An on/off switch that controls the electrical current used in the operation of the machine and any associated equipment must be located in an accessible place within the interior of the machine;
(4) The operation of each machine may not be adversely affected by static discharge or other electromagnetic interference;
(5) An electronic or mechanical coin acceptor may be installed on any video lottery machine approved after July 1, 2003. Each video lottery machine approved after July 1, 2003, may contain a bill acceptor that accepts one-dollar bills, five-dollar bills, ten-dollar bills, twenty-dollar bills, fifty-dollar bills, one hundred-dollar bills, and ticket voucher. The bill acceptors may be for any single bill or combination of bills and ticket vouchers in the denominations listed in this subdivision. Approval letters and test reports of the coin and bill acceptors from other state or federal jurisdictions may be submitted. However, all coin and bill acceptors are subject to approval by the lottery;
(6) The internal space of a video lottery machine may not be readily accessible when the front door is both closed and sealed;
(7) Logic boards and software Eproms (computer chips that store memory) must be in a separate, locked area within the machine;
(8) The cash compartment must be contained in a locked area within or attached to the machine;
(9) No hardware switches may be installed that alter the pay tables or payout percentages in the operation of a game. Hardware switches may be installed to control graphic routines, speed of play, and sound;
(10) A single printing mechanism must be capable of printing an original ticket voucher and retaining a legible copy within the machine or create an electronic copy on a self-contained internal or external medium prior to the continuation of game play. The ticket voucher must record the following information when credits accrued on the video lottery machine are redeemed for cash:
(a) The number of credits;
(b) Value of the credits in dollars and cents displayed in both numeric and written form; and
(c) Any other information required by SDCL  42-7A-37(5);
South Dakota Administrative Rules › Title 48 - South Dakota Lottery › Article 48:02 - Video lottery requirements › Chapter 48:02:08 - Video lottery machine hardware and software requirements › Section 48:02:08:01.01 - Associated equipment list for required purchase from manufacturer or distributor

Current through Register Vol. 51, page 10, July 15, 2024
For each video lottery machine licensed for placement in the state, the lottery shall maintain a list of associated equipment critical to the integrity, security, and administration of the game. Associated equipment on the list must be purchased from the machine's manufacturer or distributor. Any other associated equipment may be acquired from sources not otherwise licensed by the lottery if the associated equipment and its use meets the requirements of SDCL chapter 42-7 A and article 48:02.
General Authority:
SDCL  42-7A-21(10)(11)(13)(17).
Law Implemented:
SDCL  42-7A-21(10)(11)(13)(17),  42-7A-37.
South Dakota Administrative Rules › Title 48 - South Dakota Lottery › Article 48:02 - Video lottery requirements › Chapter 48:02:08 - Video lottery machine hardware and software requirements › Section 48:02:08:02 - Software requirements for randomness testing

Current through Register Vol. 51, page 10, July 15, 2024
Each video lottery machine must have a random number generator that will determine the occurrence of a specific card, a specific number, or a specific symbol to be displayed on the video screen. A selection process will be considered random if it meets the following requirements:
(1) Each card position, each number position, or each symbol position satisfies the 99 percent confidence limit using the standard chi-squared analysis. "Chi-squared analysis" is the sum of the squares of the difference between the expected result and the observed result. "Card position" means the first card dealt, second card dealt in sequential order. "Number position" means first number drawn, second number drawn in sequential order, up to the 20th number drawn "Symbol position" means the first symbol drawn, second symbol drawn in sequential order, up to the last symbol drawn;
(2) Each card, number, or symbol position must not produce a significant statistic with regard to producing patterns of occurrences. Each card, number, or symbol position will be considered random if it meets the 99 percent confidence level with regard to the "runs test" or any similar pattern testing statistic. The "runs test" is a mathematical statistic that determines the existence of recurring patterns within a set of data;
(3) Each card, number, or symbol position is independently chosen without regard to any other card, number, or symbol drawn within that game play. This test is the "correlation test." Each pair of card, number, or symbol positions is considered random if they meet the 99 percent confidence level using standard correlation analysis; and
(4) Each card, number, or symbol position is independently chosen without reference to the same card, number, or symbol position in the previous game. This test is the "serial correlation test." Each card, number, or symbol position is considered random if it meets the 99 percent confidence level using standard serial correlation analysis.
General Authority:
SDCL  42-7A-21(10).
Law Implemented:
SDCL  42-7A-21,  42-7A-37.
South Dakota Administrative Rules › Title 48 - South Dakota Lottery › Article 48:02 - Video lottery requirements › Chapter 48:02:08 - Video lottery machine hardware and software requirements › Section 48:02:08:03 - Software requirements for percentage payout

Current through Register Vol. 51, page 10, July 15, 2024
Each video lottery machine must meet the following maximum and minimum theoretical percentage payout during the expected lifetime of the machine:
(1) Video games that are not affected by player skill shall pay out a minimum of 80 percent and no more than 95 percent of the amount wagered. The theoretical payout percentage will be determined using standard methods of probability theory. For the video game of keno, the theoretical payout percentage requirements apply to each number of spots marked;
(2) Video games that are affected by player skill, such as video draw poker and blackjack, shall pay out a minimum of 83 percent and no more than 96 percent of the amount wagered. This standard is met when using a method of play that will provide the greatest return to the player over a period of continuous play;
(3) Manufacturers must file a request and receive approval by the commission prior to manufacturing machines for placement in the state programmed for a payout greater than 92 percent of the amount wagered. Approval must be granted prior to applying for machine testing under §
									48:02:08:02  or 48:02:08:05. The commission shall consider, but not be limited to the following factors in determining approval;
(a) The number of machines proposed for placement;
(b) Market conditions;
(c) Revenues in relation to net machine income for both the state and private sector operations; and
South Dakota Administrative Rules › Title 48 - South Dakota Lottery › Article 48:02 - Video lottery requirements › Chapter 48:02:08 - Video lottery machine hardware and software requirements › Section 48:02:08:04 - Software requirements for continuation of game after malfunction

Current through Register Vol. 51, page 10, July 15, 2024
Each game must be capable of continuing the current game with all current game features after a machine malfunction is cleared. This rule does not apply if a machine is rendered totally inoperable; however, the current wager and all credits appearing on the screen prior to the malfunction must be returned to the player.
General Authority:
SDCL  42-7A-21(10).
Law Implemented:
SDCL  42-7A-21,  42-7A-37.