reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:18 - GAMING COMMISSION - DEADWOOD GAMBLING › Chapter 20:18:36 - Advance deposit wagering › Section 20:18:36.10 - Terms and conditions and privacy policies for accounts

Current through Register Vol. 51, page 10, July 15, 2024
All terms and conditions and privacy policies for wagering
				  accounts must be included in the internal controls of the advance deposit
				  wagering licensee and be readily accessible to the account holder before and
				  after registration and noticed when materially updated.
Terms and conditions and privacy policies for accounts must
				  address all aspects of the advance deposit wagering operation,
				  including:
(1) That no underage
				individuals are permitted to participate in wagering;
(2) Specifications advising account holders
				to keep their authentication credentials secure;
(3) Processes for dealing with lost
				authentication credentials, forced password changes, and password
				strength;
(4) Conditions under
				which an account is declared inactive and the actions undertaken on the account
				once this declaration is made;
(5)
				Actions that will be taken on the account holder's pending wagers placed prior
				to any exclusion or suspension, the return of all wagers, or settling all
				wagers, as appropriate;
(6)
				Information about timeframes and limits regarding deposits to or withdrawals
				from the account;
(7) That the
				advance deposit wagering licensee has the right to:
(A) Refuse to establish an account for what
				it deems good and sufficient reason;
(B) Refuse deposits to or withdrawals from
				accounts for what it deems good and sufficient reason; and
(C) Unless there is a pending investigation
				or account holder dispute, suspend or close any account at any time pursuant to
				the terms and conditions between the licensee and the account holder;
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:18 - GAMING COMMISSION - DEADWOOD GAMBLING › Chapter 20:18:36 - Advance deposit wagering › Section 20:18:36.11 - Account information

Current through Register Vol. 51, page 10, July 15, 2024
An advance deposit wagering licensee shall maintain an
				  electronic account holder file that includes the following for each wagering
				  account:
(1) Unique account ID or
				username, or both;
(2) The
				information indicated in § 20:18:36:06(1) to register an account holder
				and create the account;
(3)
				Encrypted government issued identification number, authentication credential,
				and personal financial information;
(4) The date and method of identity
				verification, including, where applicable, the document number of the
				government issued identification credential examined, and its date of
				expiration. If a government issued identification credential is not required
				for registration, the electronic record that details the process used to
				confirm the account holder's identity must be recorded;
(5) The date the account holder agrees to the
				terms and conditions and privacy policies;
(6) Account details and current balance,
				including any incentive credits. All restricted wagering credits and
				unrestricted funds that have a possible expiration must be maintained
				separately;
(7) Previous accounts,
				if any, and the reason for deactivation;
(8) The date and method the account was
				registered;
(9) The date and time
				the account is accessed by any person, including IP Address or gaming
				establishment location as applicable; and
(10) The current status of the
				account.
General Authority:
SDCL
					 42-7B-7,
					 42-7B-11(13).
Law Implemented:
SDCL
					 42-7B-77.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:18 - GAMING COMMISSION - DEADWOOD GAMBLING › Chapter 20:18:36 - Advance deposit wagering › Section 20:18:36.12 - Authentication credentials

Current through Register Vol. 51, page 10, July 15, 2024
The applicant for a wagering account shall supply the advance
				  deposit wagering licensee with an authentication credential to assure that only
				  the account holder has access to the account. Allowable authentication
				  credentials are subject to the discretion of the commission as necessary. The
				  requirement may not prohibit the option for more than one method of
				  authentication for an account holder to access their account. An account holder
				  may change this authentication credential at any time.
Where an account holder has forgotten their authentication
				  credentials, a multi-factor authentication process must be employed for the
				  retrieval or reset of the account holder's forgotten authentication
				  credentials.
General Authority:
SDCL
					 42-7B-7,
					 42-7B-11(13).
Law Implemented:
SDCL
					 42-7B-77.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:18 - GAMING COMMISSION - DEADWOOD GAMBLING › Chapter 20:18:36 - Advance deposit wagering › Section 20:18:36.13 - Authentication credentials - Reset or locked accounts

Current through Register Vol. 51, page 10, July 15, 2024
If the system does not recognize the authentication
				  credentials when entered, an explanatory message must be displayed to the
				  account holder that prompts the account holder to try again. The error message
				  must be the same regardless of which authentication credential is
				  incorrect.
The system must support a mechanism that locks an account in
				  the event that suspicious activity is detected, such as three. consecutive,
				  failed access attempts in a 30-minute period. A multi-factor authentication
				  process must be employed for the account to be unlocked.
General Authority:
SDCL
					 42-7B-7,
					 42-7B-11(13).
Law Implemented:
SDCL
					 42-7B-77.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:18 - GAMING COMMISSION - DEADWOOD GAMBLING › Chapter 20:18:36 - Advance deposit wagering › Section 20:18:36.14 - Account balance

Current through Register Vol. 51, page 10, July 15, 2024
Current wagering account balance information, restricted
				  wagering credits, unrestricted funds, and transaction options must be available
				  on demand after confirmation of account holder identity. The account balance
				  must be presented in terms of currency to the account holder. All restricted
				  wagering credits and unrestricted funds that have a possible expiration must be
				  indicated separately.
General Authority:
SDCL
					 42-7B-7,
					 42-7B-11(13).
Law Implemented:
SDCL
					 42-7B-77.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:18 - GAMING COMMISSION - DEADWOOD GAMBLING › Chapter 20:18:36 - Advance deposit wagering › Section 20:18:36.15 - Accounts nontransferable

Current through Register Vol. 51, page 10, July 15, 2024
No wagering account may be transferred between individuals or
				  other legal entities. Transfer of funds between two accounts may only occur if
				  it is between separate wagering accounts for sports wagering and other gaming
				  activities, and the account holder for both accounts is a single
				  individual.
General Authority:
SDCL
					 42-7B-7.
Law Implemented:
SDCL
					 42-7B-77,
					 42-7B-78.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:18 - GAMING COMMISSION - DEADWOOD GAMBLING › Chapter 20:18:36 - Advance deposit wagering › Section 20:18:36.16 - Financial transactions

Current through Register Vol. 51, page 10, July 15, 2024
An advance deposit wagering licensee shall provide a fee-free
				  method for account holders to deposit or withdraw funds from their wagering
				  accounts. The account holder must be provided with a confirmation or denial of
				  every financial transaction initiated that provides:
(1) Whether the type of transaction is a
				deposit or withdrawal;
(2) The
				transaction value; and
(3) For
				denied transactions, why the transaction did not complete as
				initiated.
General Authority:
SDCL
					 42-7B-7,
					 42-7B-11(13).
Law Implemented:
SDCL
					 42-7B-77.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:18 - GAMING COMMISSION - DEADWOOD GAMBLING › Chapter 20:18:36 - Advance deposit wagering › Section 20:18:36.17 - Advance deposit wagering licensee may refuse financial transactions

Current through Register Vol. 51, page 10, July 15, 2024
The advance deposit wagering licensee may refuse financial
				  transactions on a wagering account for what the advance deposit wagering
				  licensee considers good and sufficient reason.
General Authority:
SDCL
					 42-7B-7,
					 42-7B-11(13).
Law Implemented:
SDCL
					 42-7B-77.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:18 - GAMING COMMISSION - DEADWOOD GAMBLING › Chapter 20:18:36 - Advance deposit wagering › Section 20:18:36.18 - Account credits and deposits

Current through Register Vol. 51, page 10, July 15, 2024
After establishment, a wagering account may be funded using
				  approved methods that produce a sufficient audit trail for verification of the
				  source of the wagers.
The approved methods for funding accounts are:
(1) Cash or voucher deposits;
(2) Check, money order, or negotiable order
				of withdrawal;
(3) Charges made to
				an account holder's credit card or debit card;
(4) Bonus or promotional credit;
(5) Electronic funds transfer from a monetary
				account controlled by an account holder;
(6) Credit for winnings from wagers placed
				with funds in the account;
(7)
				Adjustments made by the licensee with documented notification to the account
				holder;
(8) Wire transfer;
				or
(9) Any other means approved by
				the commission pursuant to internal control procedures.
For credit cards or debit cards and electronic fund
				  transfers, the account holder is liable for any charges imposed by the
				  transmitting or receiving entity, with such charges to be deducted from the
				  account.
Any funds deposited pursuant to this section are available
				  for wagering use in accordance with the financial institution's policy
				  regarding funds availability.
General Authority:
SDCL
					 42-7B-7,
					 42-7B-11(13).
Law Implemented:
SDCL
					 42-7B-77.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:18 - GAMING COMMISSION - DEADWOOD GAMBLING › Chapter 20:18:36 - Advance deposit wagering › Section 20:18:36.19 - Failed electronic funds transfer transactions

Current through Register Vol. 51, page 10, July 15, 2024
Where financial transactions are conducted through electronic
				  funds transfer, the advance deposit wagering licensee shall have security
				  measures and controls to prevent electronic funds transfer fraud. A failed
				  electronic funds transfer attempt is not considered fraudulent if the account
				  holder has successfully performed a transfer on a previous occasion with no
				  outstanding chargebacks. Otherwise, the licensee must:
(1) Temporarily block the holder's account
				for investigation of fraud after five consecutive failed electronic funds
				transfer attempts within a ten minute period. If there is no evidence of fraud,
				the block must be vacated; and
(2)
				Suspend the account holder's account after five additional, consecutive failed
				transfer attempts within a ten minute period.
General Authority:
SDCL
					 42-7B-7,
					 42-7B-11(13).
Law Implemented:
SDCL
					 42-7B-77.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:18 - GAMING COMMISSION - DEADWOOD GAMBLING › Chapter 20:18:36 - Advance deposit wagering › Section 20:18:36.20 - Withdrawals from an account

Current through Register Vol. 51, page 10, July 15, 2024
An account holder may withdraw the funds maintained in the
				  holder's wagering account, whether the account is open or closed, except as
				  otherwise provided in these rules, or any other applicable state or federal
				  laws.
For withdrawals not paid directly to an account holder,
				  payments from an account must be paid directly to an account with a financial
				  institution in the name of the account holder, or made payable to the account
				  holder and forwarded to the account holder's principal address using a secure
				  delivery service or through another method that is not prohibited by state or
				  federal law.
For purposes of this chapter, a request for withdrawal is
				  considered honored if it is processed by the advance deposit wagering licensee
				  notwithstanding a delay by a payment processor, credit card issuer, or the
				  custodian of a financial account.
General Authority:
SDCL
					 42-7B-7,
					 42-7B-11(13).
Law Implemented:
SDCL
					 42-7B-77.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:18 - GAMING COMMISSION - DEADWOOD GAMBLING › Chapter 20:18:36 - Advance deposit wagering › Section 20:18:36.21 - Withdrawals from an account - Overdraws

Current through Register Vol. 51, page 10, July 15, 2024
A system must employ a mechanism that can detect and prevent
				  any withdrawal activity initiated by an account holder that would result in a
				  negative account balance of the account.
An advance deposit wagering licensee may not allow an account
				  to be overdrawn unless caused by payment processing issues outside the control
				  of the licensee.
General Authority:
SDCL
					 42-7B-7,
					 42-7B-11(13).
Law Implemented:
SDCL
					 42-7B-77.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:18 - GAMING COMMISSION - DEADWOOD GAMBLING › Chapter 20:18:36 - Advance deposit wagering › Section 20:18:36.22 - Declining to withdraw from an account

Current through Register Vol. 51, page 10, July 15, 2024
An advance deposit wagering licensee must honor the account
				  holder's request to withdraw funds within five business days after the request
				  unless the advance deposit wagering licensee believes in good faith that the
				  account holder engaged in fraudulent conduct or other conduct that would put
				  the licensee in violation of SDCL chapter 42-7 B and these rules. In such
				  cases, the licensee shall:
(1) Provide
				notice to the account holder of the nature of the investigation of the account;
				and
(2) Conduct an investigation in
				a reasonable and expedient fashion, providing the account holder written notice
				of the investigation status every tenth business day from the day the original
				notice was provided to the account holder.
General Authority:
SDCL
					 42-7B-7,
					 42-7B-11(13).
Law Implemented:
SDCL
					 42-7B-77.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:18 - GAMING COMMISSION - DEADWOOD GAMBLING › Chapter 20:18:36 - Advance deposit wagering › Section 20:18:36.23 - Modification of account information

Current through Register Vol. 51, page 10, July 15, 2024
An advance deposit wagering licensee shall allow the account
				  holder to update authentication credentials, registration information, and the
				  account used for financial transactions. A multi-factor authentication process
				  must be employed for these purposes.
General Authority:
SDCL
					 42-7B-7,
					 42-7B-11(13).
Law Implemented:
SDCL
					 42-7B-77.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:18 - GAMING COMMISSION - DEADWOOD GAMBLING › Chapter 20:18:36 - Advance deposit wagering › Section 20:18:36.24 - Balance adjustments

Current through Register Vol. 51, page 10, July 15, 2024
An advance deposit wagering licensee must have in place
				  security or authorization procedures to ensure that only authorized adjustments
				  can be made to wagering accounts. The licensee shall ensure each adjustment is
				  auditable, indicating who, what, when, the value before the adjustment, and the
				  reason for the adjustment. All adjustments to an account balance for amounts of
				  $500 or less must be periodically reviewed by supervisory personnel as set
				  forth in the advance deposit wagering licensee's internal controls. All other
				  adjustments must have a supervisor's approval before being
				  entered.
General Authority:
SDCL
					 42-7B-7,
					 42-7B-11(13).
Law Implemented:
SDCL
					 42-7B-77.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:18 - GAMING COMMISSION - DEADWOOD GAMBLING › Chapter 20:18:36 - Advance deposit wagering › Section 20:18:36.25 - Responsible gaming limits

Current through Register Vol. 51, page 10, July 15, 2024
An advance deposit wagering licensee shall allow the account
				  holder to set:
(1) A deposit limit
				offered on a daily, weekly, or monthly basis that specifies the maximum amount
				of money an account holder may deposit into the holder's wagering account
				during a particular period of time; and
(2) A wager limit offered on a daily, weekly,
				or monthly basis that specifies the maximum amount of wagering account funds
				that may be put at risk during a particular period of time.
Any decrease to these limits shall be effective immediately
				  or at the point in time clearly indicated to the player. Any increase to these
				  limits shall become effective only after the time period of the previous limit
				  has expired and the player reaffirms the requested increase.
General Authority:
SDCL
					 42-7B-7,
					 42-7B-11(13).
Law Implemented:
SDCL
					 42-7B-77.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:18 - GAMING COMMISSION - DEADWOOD GAMBLING › Chapter 20:18:36 - Advance deposit wagering › Section 20:18:36.26 - Advance deposit wagering licensee may suspend or close accounts

Current through Register Vol. 51, page 10, July 15, 2024
The advance deposit wagering licensee may suspend or close
				  any wagering account at any time if, when an account is closed, the advance
				  deposit wagering licensee, within five business days, returns to the account
				  holder all monies then on deposit pursuant to the advance deposit wagering
				  licensee's internal controls.
General Authority:
SDCL
					 42-7B-7,
					 42-7B-11(13).
Law Implemented:
SDCL
					 42-7B-77.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:18 - GAMING COMMISSION - DEADWOOD GAMBLING › Chapter 20:18:36 - Advance deposit wagering › Section 20:18:36.27 - Suspension and restoration of accounts

Current through Register Vol. 51, page 10, July 15, 2024
The advance deposit wagering licensee shall employ a
				  mechanism that places a wagering account in a suspended mode under the
				  following conditions:
(1) When a
				self-exclusion request is made by the account holder for a specified period of
				time not less than 72 hours, or indefinitely;
(2) When required by the
				commission;
(3) Upon a
				determination that an account holder is a prohibited person; or
(4) When initiated by a licensee with
				evidence that illegal activity, a negative account balance, or a violation of
				the terms and conditions has taken place on an account holder's account.
Each licensee shall, on a monthly basis, provide the
				  commission with a list of suspended accounts, and the reasons why the account
				  was suspended.
General Authority:
SDCL
					 42-7B-7,
					 42-7B-11(13).
Law Implemented:
SDCL
					 42-7B-77.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:18 - GAMING COMMISSION - DEADWOOD GAMBLING › Chapter 20:18:36 - Advance deposit wagering › Section 20:18:36.27.01 - Suspension of account - Effect

Current through Register Vol. 51, page 10, July 15, 2024
Upon suspension of an account, the advance deposit wagering
				  licensee shall:
(1) Prevent the
				account holder from wagering;
(2)
				Prevent the account holder from depositing funds, unless the account is
				suspended due to having a negative account balance, but only to the extent the
				account balance is brought back to zero dollars;
(3) Prevent the account holder from
				withdrawing funds from the holder's account, the licensee acknowledges that the
				funds have cleared, and that the reason or reasons for suspension would not
				prohibit a withdrawal;
(4) Prevent
				the account holder from making changes to his or her account;
(5) Prevent the removal of the account from
				the system; and
(6) Prominently
				display to the account holder that the account is in a suspended mode, the
				restrictions placed on the account, and any further course of action needed to
				remove the suspended mode.
General Authority:
SDCL
					 42-7B-7,
					 42-7B-11(13).
Law Implemented:
SDCL
					 42-7B-77.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:18 - GAMING COMMISSION - DEADWOOD GAMBLING › Chapter 20:18:36 - Advance deposit wagering › Section 20:18:36.28 - Restoration of accounts

Current through Register Vol. 51, page 10, July 15, 2024
A suspended account may be restored:
(1) Upon expiration of the time period
				established by the account holder if solely the result of a self-exclusion
				request;
(2) If authorized by the
				commission;
(3) When the account
				holder is no longer a prohibited person; or
(4) When the licensee has lifted the
				suspended status.
General Authority:
SDCL
					 42-7B-7,
					 42-7B-11(13).
Law Implemented:
SDCL
					 42-7B-77.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:18 - GAMING COMMISSION - DEADWOOD GAMBLING › Chapter 20:18:36 - Advance deposit wagering › Section 20:18:36.29 - Account closure

Current through Register Vol. 51, page 10, July 15, 2024
An account holder must be provided with a conspicuous and
				  readily accessible method to close the holder's wagering account through the
				  account management or similar page, or through the customer support team. Any
				  balance remaining in an account holder's account closed by a holder must be
				  refunded pursuant to the advance deposit wagering licensee's internal
				  controls.
General Authority:
SDCL
					 42-7B-7,
					 42-7B-11(13).
Law Implemented:
SDCL
					 42-7B-77.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:18 - GAMING COMMISSION - DEADWOOD GAMBLING › Chapter 20:18:36 - Advance deposit wagering › Section 20:18:36.30 - Inactive accounts

Current through Register Vol. 51, page 10, July 15, 2024
The advance deposit wagering licensee may close any wagering
				  account that has no activity for at least three years.
For purposes of this section, the term "activity" means
				  making a wager, making an account deposit, or withdrawing funds.
The licensee shall:
(1) Allow access to a player's inactive
				account only after performing additional identity verifications;
(2) Protect inactive accounts that contain
				funds from unauthorized access, changes, or removal; and
(3) Deal with unclaimed funds from inactive
				accounts, and return any remaining funds to the player where possible.
No advance deposit wagering licensee may charge an
				  administration fee or maintenance fee for any inactive account.
The advance deposit wagering licensee shall treat inactive
				  accounts as unclaimed property and comply with the provision of SDCL chapter
				  43-41.
General Authority:
SDCL
					 42-7B-7,
					 42-7B-11(13).
Law Implemented:
SDCL
					 42-7B-77.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:18 - GAMING COMMISSION - DEADWOOD GAMBLING › Chapter 20:18:36 - Advance deposit wagering › Section 20:18:36.31 - Deceased account holder

Current through Register Vol. 51, page 10, July 15, 2024
In the event an account holder is deceased, funds accrued in
				  the wagering account must be released to the decedent's legal representative
				  upon receipt of a certified copy of a valid death certificate, tax releases or
				  waivers, probate court authorizations, or other documents required by
				  applicable laws.
General Authority:
SDCL
					 42-7B-7,
					 42-7B-11(13).
Law Implemented:
SDCL
					 42-7B-77.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:18 - GAMING COMMISSION - DEADWOOD GAMBLING › Chapter 20:18:36 - Advance deposit wagering › Section 20:18:36.32 - Account security - Account holder responsibility

Current through Register Vol. 51, page 10, July 15, 2024
wagering account is for the personal use of the individual
				  account holder only. The account holder is responsible for maintaining the
				  confidentiality of their authentication credentials. Except where the advance
				  deposit wagering licensee or its employees or agents act without good faith or
				  fail to exercise ordinary care, the licensee is not responsible for any loss
				  from an account holder's account arising from the use by any other person or
				  persons. The account holder shall immediately notify the licensee of a breach
				  of the account's security.
General Authority:
SDCL
					 42-7B-7.
Law Implemented:
SDCL
					 42-7B-43,
					 42-7B-77.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:18 - GAMING COMMISSION - DEADWOOD GAMBLING › Chapter 20:18:36 - Advance deposit wagering › Section 20:18:36.33 - Account statements

Current through Register Vol. 51, page 10, July 15, 2024
Upon the request for the account holder, the advance deposit
				  wagering licensee shall provide to each account holder a statement of an
				  individual's wagering account activity for the past year. Statements provided
				  shall include sufficient information to allow account holders to reconcile the
				  statement against their own financial records. The statement is presumed to be
				  correct unless written notice to the contrary is received by the licensee
				  within 30 days of the date that any statement is provided to an account
				  holder.
General Authority:
SDCL
					 42-7B-7,
					 42-7B-11(13).
Law Implemented:
SDCL
					 42-7B-77.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:18 - GAMING COMMISSION - DEADWOOD GAMBLING › Chapter 20:18:36 - Advance deposit wagering › Section 20:18:36.34 - Account holder's principal residence address

Current through Register Vol. 51, page 10, July 15, 2024
The principal residence address provided by the account
				  holder at the time of wagering account application is the proper address for
				  all mailings unless the account holder has provided the advance deposit
				  wagering licensee with a change of principal residence address. The mailing of
				  checks or other correspondence under this section is at the sole risk of the
				  account holder.
General Authority:
SDCL
					 42-7B-7.
Law Implemented:
SDCL
					 42-7B-77,
					 42-7B-78.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:18 - GAMING COMMISSION - DEADWOOD GAMBLING › Chapter 20:18:36 - Advance deposit wagering › Section 20:18:36.35 - Wager information confidential - Disciplinary action for violations

Current through Register Vol. 51, page 10, July 15, 2024
Any information about accounts that is not subject to
				  disclosure pursuant to the privacy policies must be kept confidential, except
				  where the release of that information is required by law. No employee or agent
				  of the advance deposit wagering licensee may divulge any confidential
				  information related to the placing of a wager or any confidential account
				  information related to the operation of the licensee, except as provided by
				  article 20:18, pursuant to a court order, state or federal law, or commission
				  order. A violation of this section is grounds for disciplinary
				  action.
General Authority:
SDCL
					 42-7B-7,
					 42-7B-11(13).
Law Implemented:
SDCL
					 42-7B-77.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:18 - GAMING COMMISSION - DEADWOOD GAMBLING › Chapter 20:18:36 - Advance deposit wagering › Section 20:18:36.36 - Securing payment methods

Current through Register Vol. 51, page 10, July 15, 2024
Procedures must be in place to ensure all financial
				  transactions are conducted in accordance with federal regulations and the
				  commission's rules. To protect payment methods against fraudulent uses, the
				  advance deposit wagering licensee shall :
(1) Ensure collection of sensitive
				information directly related to financial transactions must be limited to the
				information strictly needed for such transaction;
(2) Take adequate measures to protect any
				type of payment in the system from a fraudulent use;
(3) Verify that the payment processors ensure
				the protection of the account holder's data, including any sensitive
				information given by the account holder, or transaction related data;
(4) Establish procedure for assuring a match
				of ownership between the payment type holder and the wagering account holder;
				and
(5) Generate all transactional
				records of wagering accounts. The data recorded must allow the licensee to
				trace a single financial transaction of an account holder from another
				transaction.
All financial transactions must be reconciled with financial
				  institutions and payment processors daily or as otherwise specified by the
				  commission.
Additional requirements for payment processors may be
				  specified by the commission through internal control
				  procedures.
General Authority:
SDCL
					 42-7B-7,
					 42-7B-11(13).
Law Implemented:
SDCL
					 42-7B-2.1(1),
					 42-7B-43.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:25 - ONE-CALL NOTIFICATION › Chapter 20:25:01 - Definitions › Section 20:25:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms defined in SDCL 49-7A-1 have the same meaning when used
				  in this article. Terms used in this article mean:
(1) "Excavation site," the specific location
				where an excavation will occur;
(2)
				"High profile underground facility," a high profile underground facility is
				any:
(a) High pressure natural gas pipeline
				with a maximum allowable operating pressure greater than 300 psi;
(b) Natural gas transmission facility in a
				high consequence area;
(c)
				Petroleum pipeline;
(d) Hazardous
				material pipeline;
(e) High-voltage
				electric supply line, conductor, or cable that has a potential to ground of
				greater than or equal to 60 kilovolts; or
(f) Underground facility that, if damaged,
				has the potential for significant public safety, economic, or environmental
				impact;
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:25 - ONE-CALL NOTIFICATION › Chapter 20:25:02 - General provisions › Section 20:25:02:01 - Board meetings

Current through Register Vol. 51, page 10, July 15, 2024
A meeting may be held on call of the chair or on written
				  request of two or more members of the board. A majority of the board
				  constitutes a quorum for the transaction of business.
General Authority:
SDCL
					 49-7A-4.
Law Implemented:
SDCL
					 49-7A-2,
					 49-7A-3.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:25 - ONE-CALL NOTIFICATION › Chapter 20:25:02 - General provisions › Section 20:25:02:02 - Board meeting via telephone conference

Current through Register Vol. 51, page 10, July 15, 2024
The board may hold meetings by telephone conference
				  call.
General Authority:
SDCL
					 49-7A-4.
Law Implemented:
SDCL
					 49-7A-2,
					 49-7A-3.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:25 - ONE-CALL NOTIFICATION › Chapter 20:25:02 - General provisions › Section 20:25:02:03 - Voting

Current through Register Vol. 51, page 10, July 15, 2024
All members of the board, including the chair, may vote. A
				  majority vote of those present is required to take official
				  action.
General Authority:
SDCL
					 49-7A-4.
Law Implemented:
SDCL
					 49-7A-2,
					 49-7A-3.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:25 - ONE-CALL NOTIFICATION › Chapter 20:25:02 - General provisions › Section 20:25:02:06 - Election of officers - Ability to hire and contract

Current through Register Vol. 51, page 10, July 15, 2024
The board shall elect one of its members as chair and another
				  as vice-chair, for such terms and with such duties and powers as the board
				  considers necessary for the performance of the functions of those
				  offices.
In carrying out the duties, functions, and powers of the
				  board, the board may hire employees or contract with any state agency or
				  private party for the performance of such duties, functions, and powers as the
				  board considers appropriate.
General Authority:
SDCL
					 49-7A-4.
Law Implemented:
SDCL
					 49-7A-2,
					 49-7A-3.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:25 - ONE-CALL NOTIFICATION › Chapter 20:25:02 - General provisions › Section 20:25:02:07 - Removal of officers

Current through Register Vol. 51, page 10, July 15, 2024
An officer may be removed by a two-thirds vote of the
				  board.
General Authority:
SDCL
					 49-7A-4.
Law Implemented:
SDCL
					 49-7A-2,
					 49-7A-3.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:25 - ONE-CALL NOTIFICATION › Chapter 20:25:02 - General provisions › Section 20:25:02:08 - Filling vacant office

Current through Register Vol. 51, page 10, July 15, 2024
A vacant office may be filled by a majority vote of the
				  board.
General Authority:
SDCL
					 49-7A-4.
Law Implemented:
SDCL
					 49-7A-2,
					 49-7A-3.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:25 - ONE-CALL NOTIFICATION › Chapter 20:25:03 - Operator participation and membership classifications and fees › Section 20:25:03:01 - Operator participation

Current through Register Vol. 51, page 10, July 15, 2024
Each operator required by SDCL
				  49-7A-2 to join the one-call
				  system:
(1) Shall provide to the
				notification center data that allows proper notification to the operator of
				excavation near the operator's utility lines and updates to such data. This
				data shall be provided to the notification center as soon as possible, but no
				later than 30 days after membership or operation of underground facilities,
				whichever is first. This information shall be provided on printed forms or in
				an internet-based format, approved by the South Dakota One Call Notification
				board. Each facility operator shall identify and list its high profile
				underground facilities in such a way it can provide the center with a separate
				database;
(2) Shall respond to
				notification of excavation, including emergency notices, as required by SDCL
				chapter 49-7 A and article 20:25;
(3) Shall establish a means of receiving
				notification of excavation and shall utilize this method to receive such
				notification from the one-call notification center;
(4) Who receives more than an average of 30
				tickets per month in any three consecutive months, shall receive tickets by
				electronic transmission other than by voice telephone. Electronic transmission
				includes e-mail, facsimile, data printer, or computer transmission;
				and
(5) Shall install an
				underground utility line in such a manner after January 1, 2009, that makes the
				line locatable by the operator for purposes of this chapter.
General Authority:
SDCL
					 49-7A-4.
Law Implemented:
SDCL
					 49-7A-2,
					 49-7A-5,
					 49-7A-7,
					 49-7A-8,
					 49-7A-15.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:25 - ONE-CALL NOTIFICATION › Chapter 20:25:03 - Operator participation and membership classifications and fees › Section 20:25:03:02 - Membership classes

Current through Register Vol. 51, page 10, July 15, 2024
One-call members are divided into three classes. A member
				  that falls into more than one class is considered a member in only the higher
				  class. The membership classes are as follows, with Class A as the highest
				  class:
(1) Class A:
(a) Operators of intrastate gas transmission
				pipelines, interstate gas transmission pipelines, liquid pipelines, and
				interstate telecommunications companies;
(b) Operators issuing 10,000 customer bills
				or more per billing cycle;
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:25 - ONE-CALL NOTIFICATION › Chapter 20:25:03 - Operator participation and membership classifications and fees › Section 20:25:03:03 - Membership fees

Current through Register Vol. 51, page 10, July 15, 2024
The board shall assess an initial membership fee to all
				  one-call members based on their membership classes, as follows:
(1) Class A Members: $150;
(2) Class B Members: $ 50;
(3) Class C Members: $ 35.
The board shall determine the fee to be collected for
				  location requests based on the operating cost to the center of providing the
				  locate services, overhead costs, and advertising costs. The center shall bill
				  operators monthly, based on the number of location requests transmitted to that
				  operator. The board shall review the fee for locate requests at least annually.
				  An operator has sixty days to dispute any ticket invoiced after which time the
				  ticket is presumed to be accurately invoiced.
General Authority:
SDCL
					 49-7A-4.
Law Implemented:
SDCL
					 49-7A-2.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:25 - ONE-CALL NOTIFICATION › Chapter 20:25:03 - Operator participation and membership classifications and fees › Section 20:25:03:04 - Information required when initiating a routine locate request

Current through Register Vol. 51, page 10, July 15, 2024
The following information is required to be provided by the
				  excavator when a routine locate request is submitted:
(1) The name, address, and telephone number
				of the person making the routine locate request;
(2) The name, address, and telephone number
				of the excavator doing the work;
(3) The date and time when excavation is
				scheduled to begin;
(4) The depth
				of planned excavation within 18 inches vertical;
(5) The type and extent of excavation being
				planned including:
(a) Whether the excavation
				involves tunneling or horizontal boring; and
(b) If applicable, whether the use of
				explosives is anticipated;
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:25 - ONE-CALL NOTIFICATION › Chapter 20:25:03 - Operator participation and membership classifications and fees › Section 20:25:03:04.01 - Information required when initiating a planned excavation locate request

Current through Register Vol. 51, page 10, July 15, 2024
The following information is required to be provided by the
				  planner when a planned excavation locate request is submitted:
(1) The name, address, and telephone number
				of the person making the planned excavation locate request;
(2) The name, address, and telephone number
				of the business doing the work;
(3)
				The approximate date when planned excavation is scheduled to begin;
(4) The type and extent of the planned
				excavation;
(5) A phone number that
				provides access to the planner during normal business hours;
(6) The location of the planned excavation by
				any one or more of the following means:
(a)
				Latitude/longitude;
(b) A specific
				street or rural address, which has a numbered address on a marked street or
				avenue that is publicly recorded; or
(c) The distance and direction from an
				intersecting street within 1000 feet of the excavation site;
(d) A specific quarter section by section,
				range, township, and county; or
(e)
				A specific mile marker reference from any state or federal highway;
				and
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:25 - ONE-CALL NOTIFICATION › Chapter 20:25:03 - Operator participation and membership classifications and fees › Section 20:25:03:04.02 - Information required when initiating an informational locate request

Current through Register Vol. 51, page 10, July 15, 2024
The following information is required to be provided by the
				  person initiating the request when an informational locate request is
				  submitted:
(1) The name, address, and
				telephone number of the person making the notification request;
(2) The name, address, and telephone number
				of the business requesting the facility location information;
(3) The approximate date when the facility
				information is required;
(4) The
				type and extent of the informational request;
(5) A phone number that provides access to a
				person, knowledgeable about this request, during business hours;
(6) The location of the required facility
				information by any one or more of the following means:
(a) Latitude/longitude;
(b) A specific street or rural address, which
				has a numbered address on a marked street or avenue that is publicly recorded;
				or
(c) The distance and direction
				from an intersecting street within 1000 feet of the excavation site;
(d) A specific quarter section by section,
				range, township, and county; or
(e)
				A specific mile marker reference from any state or federal highway;
				and
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:25 - ONE-CALL NOTIFICATION › Chapter 20:25:03 - Operator participation and membership classifications and fees › Section 20:25:03:04.03 - Locate requests in emergency situations

Current through Register Vol. 51, page 10, July 15, 2024
If an excavation is being made in a time of emergency, as
				  defined in SDCL
				  49-7A-1, all reasonable
				  precautions shall be taken to protect public safety and the underground
				  facilities. In such a case, the excavator shall give notification in compliance
				  with §
									20:25:03:04.
An excavator requesting a location due to an emergency shall
				  provide the name and the phone number of a person who has knowledge regarding
				  the excavation. This person shall be available by telephone during the response
				  period to discuss the specifics of the excavation.
An excavator providing a misrepresentation of an emergency
				  excavation as defined in SDCL
				  49-7A-1 may be subject to
				  penalties under SDCL
				  49-7A-18 and
				  49-7A-19.
General Authority:
SDCL
					 49-7A-4.
Law Implemented:
SDCL
					 49-7A-1,
					 49-7A-2,
					 49-7A-6,
					 49-7A-18,
					 49-7A-19.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:25 - ONE-CALL NOTIFICATION › Chapter 20:25:03 - Operator participation and membership classifications and fees › Section 20:25:03:04.04 - No excavation allowed on planned excavation or informational locate requests

Current through Register Vol. 51, page 10, July 15, 2024
No excavation activity may occur relative to a planned
				  excavation or informational locate request.
General Authority:
SDCL
					 49-7A-4.
Law Implemented:
SDCL
					 49-7A-2,
					 49-7A-6.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:25 - ONE-CALL NOTIFICATION › Chapter 20:25:03 - Operator participation and membership classifications and fees › Section 20:25:03:04.05 - Operator compensation on informational locate requests

Current through Register Vol. 51, page 10, July 15, 2024
Operators may require compensation to recover direct labor
				  costs for marking underground facilities on informational locate requests. If
				  requested, the operator shall provide the planner with an estimate of costs
				  prior to any marking of facilities.
General Authority:
SDCL
					 49-7A-4.
Law Implemented:
SDCL
					 49-7A-2,
					 49-7A-6.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:25 - ONE-CALL NOTIFICATION › Chapter 20:25:03 - Operator participation and membership classifications and fees › Section 20:25:03:05 - Color standards for marking underground facilities and identification of marked facilities

Current through Register Vol. 51, page 10, July 15, 2024
Operators who must mark their underground facilities as
				  required by SDCL
				  49-7A-8 shall use the following
				  color standards:
(1) Electric -
				Red;
(2) Gas/oil/steam -
				Yellow;
(3) Communications/CATV -
				Orange;
(4) Water - Blue;
(5) Sewer - Green;
(6) Temporary survey markings -
				Pink;
(7) Proposed excavation
				boundaries - White; and
(8)
				Reclaimed water, irrigation, and slurry lines - Purple.
General Authority:
SDCL
					 49-7A-4.
Law Implemented:
SDCL
					 49-7A-8.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:25 - ONE-CALL NOTIFICATION › Chapter 20:25:03 - Operator participation and membership classifications and fees › Section 20:25:03:05.01 - Valid period for underground facility markings

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 49-7A-4.
Law Implemented:
SDCL
					 49-7A-8.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:25 - ONE-CALL NOTIFICATION › Chapter 20:25:03 - Operator participation and membership classifications and fees › Section 20:25:03:05.02 - Excavator responsibilities for the preservation of markings

Current through Register Vol. 51, page 10, July 15, 2024
After the underground facility operator has marked the
				  location of that operator's underground facilities in the proposed excavation
				  area, the excavator shall plan the excavation to avoid damage to, and minimize
				  interference with, the marks. The excavator is responsible for protecting and
				  preserving the staking, marking, or other designation until the marks are no
				  longer required for proper and safe excavation work at or near the underground
				  facilities.
General Authority:
SDCL
					 49-7A-4.
Law Implemented:
SDCL
					 49-7A-8.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:25 - ONE-CALL NOTIFICATION › Chapter 20:25:03 - Operator participation and membership classifications and fees › Section 20:25:03:05.03 - Excavator responsibilities when excavating near markings

Current through Register Vol. 51, page 10, July 15, 2024
If excavation is required within eighteen inches,
				  horizontally, of the marked facility, the excavator shall expose the facility
				  only by use of hand excavation, air cutting, water cutting, or vacuum
				  excavation in a manner that does not damage the underground
				  facilities.
General Authority:
SDCL
					 49-7A-4.
Law Implemented:
SDCL
					 49-7A-8.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:25 - ONE-CALL NOTIFICATION › Chapter 20:25:03 - Operator participation and membership classifications and fees › Section 20:25:03:05.04 - Operator responsibilities when marking underground facilities

Current through Register Vol. 51, page 10, July 15, 2024
Each operator who is required to mark its underground
				  facilities pursuant to SDCL
				  49-7A-8 shall identify the
				  underground facility using the following minimum standards:
(1) The underground facility must be marked
				in the most suitable manner with consideration to terrain, site conditions,
				type, and extent of the proposed excavation to clearly identify the existence
				of an underground facility for the excavator;
(2) The marked underground facility shall
				clearly identify the name, abbreviation, or logo of the operator of the
				underground facility;
(3) If
				multiple underground facilities exist, the operator shall separately mark each
				underground facility;
(4) Upon
				request by the excavator at the time a ticket is produced, the operator shall
				provide notification if the operator identifies, without making a site visit,
				that it has no underground facilities located within the excavation area. When
				such request is made, the excavator shall provide information that allows
				notification by email, facsimile, and telephone;
(5) If a site visit is made, and the operator
				has no underground facilities in conflict with the excavation area, the
				operator shall mark in the excavation area "NO" followed by the operator's
				name, abbreviation, or logo in the color code of the underground facility not
				in conflict with the excavation area; and
(6) The excavator may request off-set marks
				to maintain an accurate record of the facility locations.
General Authority:
49-7A-4.
Law
					 Implemented:
49-7A-8.