Title 42 — RECREATION AND SPORTS
14 chapters · 366 sections in this title.
SDCL § 42-7A-30 Counterfeiting lottery tickets Class 6 felony
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Any person who, with intent to defraud, falsely makes, alters, forges, passes, or counterfeits a lottery ticket issued by the South Dakota Lottery under this chapter is guilty of a Class 6 felony. Source: SL 1987, ch 313 , § 34.
SDCL § 42-7A-31 Sale of tickets at price greater than that fixed by rules prohibited--Sale by authorized retailer only--Violation
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No person may sell a lottery ticket at a price greater than that fixed by the rules adopted pursuant to this chapter. No person other than a lottery retailer authorized by the South Dakota Lottery may sell or resell lottery tickets. Any person convicted of violating this section …
SDCL § 42-7A-32 Sale of ticket to person under eighteen prohibited--Violation--Gift of ticket to person under eighteen permitted--Prize paid to parent or guardian
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No lottery ticket may be sold to any person under the age of eighteen years. Any lottery retailer, employee of a lottery retailer, or any other person who knowingly sells or offers to sell a lottery ticket to any person who is under the age of eighteen years is guilty of a Class …
SDCL § 42-7A-33 Purchase of ticket or payment of prize to certain persons prohibited--Exceptions
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No lottery ticket may be purchased by, and no prize may be paid to, any of the following persons or to any person related by blood or marriage and who is a member of the same household in the principal place of abode of any such person: (1) Any member of the commission or employe…
SDCL § 42-7A-34 Prize paid to holder of winning ticket--Deceased winner's prize paid to representative--Right to prize nonassignable--Prizes subject to taxation--Disposition of unclaimed prize--Liability of lottery after payment of prize
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The prize to be paid or awarded for each winning ticket shall be paid to the person who is adjudged by the executive director to be the holder of such winning ticket. However, the prize of a deceased winner shall be paid to the duly appointed representative of the estate of such …
SDCL § 42-7A-35 Repealed by SL 1989, ch 371 , § 2 42-7A-36 Certain mechanical or electronic devices prohibited--Violation as felony--Devices as nuisances
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42-7A-37 Requirements for licensed video lottery machines. 42-7A-37.1 Restrictions on licensed establishment. 42-7A-38 Limit on amount played and awards given. 42-7A-39 Display of license for video lottery machine--Confiscation--Violation as felony. 42-7A-40 Examination of video …
SDCL § 42-7A-36 Certain mechanical or electronic devices prohibited--Violation as felony--Devices as nuisances
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No person may have in his possession, custody, or under his control or permit to be kept in any place under his possession or control, any device that awards credits and contains a circuit, meter or switch capable of removing and recording the removal of credits when the award of…
SDCL § 42-7A-37 Requirements for licensed video lottery machines
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Each video lottery machine licensed under this chapter: (1) Shall offer only games licensed by the South Dakota Lottery and authorized by the commission; (2) May not have any means of manipulation that affect the random probabilities of winning a video lottery game; (3) Shall hav…
SDCL § 42-7A-37.1 Restrictions on licensed establishment
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A business licensed pursuant to subdivisions 35-4-2(12) and (16) may not be a licensed establishment for video lottery placement pursuant to subdivision 42-7A-1(6) unless it is a bar or lounge. For the purposes of this section, a bar or lounge is an enterprise primarily maintaine…
SDCL § 42-7A-38 Limit on amount played and awards given
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A video lottery machine may not allow more than two dollars to be played on a game or award free games or credits in excess of one thousand dollars per bet. The payback value of one credit shall be at least eighty percent of the value of the credit. Source: SL 1989, ch 368 , § 17…
SDCL § 42-7A-39 Display of license for video lottery machine--Confiscation--Violation as felony
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Each video lottery machine shall be licensed by the executive director before placement or operation on the premises of a licensed establishment. Each machine shall have the license prominently displayed thereon. Any machine which does not display the license required by this sec…
SDCL § 42-7A-4 Functions of executive director
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The executive director may, subject to policy established by the commission: (1) Supervise and administer the operation of the state lottery in accordance with the provisions of this chapter; (2) Employ all other employees of the South Dakota Lottery; (3) Enter into contracts for…
SDCL § 42-7A-40 Examination of video lottery machines--Costs paid by manufacturer--Contract for examination
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The South Dakota Lottery shall examine prototypes of video lottery machines and associated equipment of manufacturers seeking a license as required in this chapter. The South Dakota Lottery may require the manufacturer seeking the examination and approval of a video lottery machi…
SDCL § 42-7A-41 Video lottery machine manufacturer, distributor, operator, and establishment licenses required--Fees
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Each video lottery machine manufacturer, distributor, operator, and licensed establishment shall be licensed by the executive director before any video lottery machine or associated equipment is manufactured, distributed, sold, or placed for public use in this state. The commissi…
SDCL § 42-7A-41.1 Video lottery operating fund established
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There is created in the state treasury the video lottery operating fund, into which shall be deposited the fees imposed pursuant to § 42-7A-41 and one - half of one percent of net machine income. Source: SL 1990, ch 342 , § 2; SL 1991, ch 353 , § 2.
SDCL § 42-7A-41.2 Posting video lottery odds required
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The odds of winning each video lottery game shall be posted on or near each video lottery machine. The manner in which the odds are calculated and how they are posted shall be established by the commission by rule promulgated pursuant to chapter 1-26 . Source: SL 1991, ch 354 .
SDCL § 42-7A-42 Multiple types of licenses prohibited
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A video lottery machine manufacturer may not be licensed as a video lottery machine operator or own, manage, or control a licensed establishment. A video lottery machine distributor may not be licensed as a video lottery machine operator or own, manage, or control a licensed esta…
SDCL § 42-7A-43 Licenses--Background investigation required--Eligibility--Qualifications--Promulgation of rules
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A person licensed, or applying for licensure, as a video lottery machine manufacturer, distributor, operator, or lottery retailer shall submit to a background investigation. Every partner, member, manager, director, and officer of the person, and any stockholder of five percent o…
SDCL § 42-7A-44 Rules for placement of video lottery machines--Number limited--Placement in bar or lounge with on-sale license
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The placement of video lottery machines in licensed establishments shall be subject to the rules of the commission promulgated pursuant to chapter 1-26 . No more than ten video lottery machines may be placed in any licensed establishment. The bar or lounge with an on-sale license…
SDCL § 42-7A-44.1 Denial or revocation of license for noncompliance
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The commission shall deny or revoke an establishment license for video lottery machine placement that does not meet the requirements of §
SDCL § 42-7A-44.2 On-sale license--Municipal event center or recreation facility--Placement of video lottery machines prohibited
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No video lottery machines may be placed in a facility with an on-sale license issued pursuant to §
SDCL § 42-7A-45 Video lottery machine income--Remittance to state--False report as felony--Records--Penalty
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The state's percentage of net machine income shall be reported and remitted to the South Dakota Lottery within fifteen days after the fifteenth day of each month and within fifteen days after the end of each month by the machine owner. A machine owner who falsely reports or fails…
SDCL § 42-7A-46 Tampering with video lottery machine as misdemeanor
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Any person who tampers with a video lottery machine with intent to interfere with the proper operation of such machine is guilty of a Class 1 misdemeanor. Source: SL 1989, ch 368 , § 25.
SDCL § 42-7A-47 Manipulating outcome, payoff, or operation of video lottery machine as felony
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Any person who with intent to manipulate the outcome, payoff, or operation of a video lottery machine, manipulates the outcome, payoff, or operation of a video lottery machine by physical tampering or any other means is guilty of a Class 5 felony. Source: SL 1989, ch 368 , § 26.
SDCL § 42-7A-48 Age limit and legal hours of operation for video lottery machines
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No person under twenty - one years of age may play a video lottery machine licensed pursuant to §
SDCL § 42-7A-49 Lottery products on Indian reservations authorized
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The lottery may negotiate with Indian tribes for the placement and distribution of lottery products within the exterior boundaries of Indian reservations within the state. Source: SL 1989, ch 368 , § 29.
SDCL § 42-7A-5 Competitive bidding required before entering into contracts
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If entering into any contract pursuant to subdivision 42-7A-4(3), the executive director shall utilize an open and competitive bid process which reflects the best interest of the State of South Dakota. Any such contract is exempt from the provisions of chapters 5-18A and 5-18D . …
SDCL § 42-7A-50 Confidentiality of lottery records
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Information and records of the South Dakota Lottery are confidential, except for official purposes, and may not be disclosed except to officers, employees, or legal representatives of the Department of Revenue for the purpose of and only to the extent necessary in the investigati…
SDCL § 42-7A-50.1 Prize winner personal information--Consent to make public
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The personal information of a lottery prize winner may only be used in advertising or promotion with the written consent of the winner. If the South Dakota Lottery obtains written consent from the winner, the lottery may only use the information to which the winner consented. Thi…
SDCL § 42-7A-51 Lottery setoff program established--Computerized file of persons owing state
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The commission shall establish a liability setoff program by which lottery prize payments may be used to satisfy debts owed or collected through state agencies. Any participating state agency shall, on a monthly basis, provide the executive director a computerized file of persons…
SDCL § 42-7A-52 Debt setoff from prize due--Notice of right to appeal--Time limitation--Transfer of setoff amount to agency
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The executive director shall match the information submitted by the agency with persons who are entitled to a lottery prize payment in an amount in excess of one hundred dollars. If there is a match, the executive director shall set off the amount of the debt from the prize due a…
SDCL § 42-7A-53 Commission, employees, and lottery discharged from liability
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The members of the commission, executive director, employees, and the lottery are discharged of all further liability for the amount of any setoff paid to a state agency or proceeding brought pursuant to §§ 42-7A-34 and 42-7A-51 to 42-7A-55 , inclusive. Source: SL 1989, ch 371 , …
SDCL § 42-7A-54 Apportionment of prize among agencies--Priority of child support payments
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If two or more agencies have delinquent accounts for the same person, the executive director shall apportion the prize equally among them. However, a setoff to the Department of Social Services for child support payments has priority over all other setoffs. Source: SL 1989, ch 37…
SDCL § 42-7A-55 Collection of remainder of debt
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If the prize is insufficient to satisfy the entire debt, the remainder of the debt may be collected by the agency as provided by law and resubmitted for setoff against any other prize awarded. Source: SL 1989, ch 371 , § 7.
SDCL § 42-7A-56 Public policy declared
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The Legislature hereby finds, and declares to be the public policy of this state that: (1) The success of the South Dakota Lottery is dependent upon public confidence and trust that it is conducted honestly and free from criminal and corruptive elements; (2) Public confidence and…
SDCL § 42-7A-57 Approval or disapproval of license applications
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The executive director may approve or disapprove any application for license, as provided in § 42-7A-41 , depending upon whether the executive director deems the applicant a suitable person to hold the license and whether the executive director considers the proposed location sui…
SDCL § 42-7A-58 Reapplication for license after denial or revocation
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Any applicant for a license who has had his application denied or revoked by the executive director pursuant to § 42-7A-57 may not reapply until at least one year has elapsed from the date of the denial or revocation. Any person who has been denied a license or had a license revo…
SDCL § 42-7A-59 False statements in license applications--Perjury
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No person may knowingly make a false statement in any application for a license or in any statement attached to the application. Any person who signs an application for a license issued pursuant to this chapter knowing that any information on such application or in any statement …
SDCL § 42-7A-6 Investigation of vendors
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Before a contract for a major procurement is awarded, the executive director shall conduct a thorough background investigation of the vendor, any parent or subsidiary corporation of the vendor, all shareholders of five percent or more interest in the vendor or parent or subsidiar…
SDCL § 42-7A-60 Executive or closed meetings permitted
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In addition to the provisions of § 1-25-2 , the commission may hold executive or closed meetings for any of the following purposes: (1) Considering applications for licensing when discussing the background investigations or personnel information; (2) Consulting with the executive…
SDCL § 42-7A-61 Repealed by SL 2013, ch 219 , § 10
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42-7A-62 Collection of fee--Deposit in general fund. 42-7A-63 State's percentage of net machine income--Deposit into general fund and video lottery operating fund. 42-7A-64 Additional criteria for on-sale alcoholic beverage licensees in video lottery licensed establishments. 42-7…
SDCL § 42-7A-62 Collection of fee--Deposit in general fund
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In addition to the fee collected pursuant to § 42-7A-41 and deposited in the video lottery operating fund, the following fee shall be collected each year and deposited into the general fund: Video lottery machine manufacturers--$15,000. Source: SL 1993, ch 318 , § 2; SL 1995, ch …
SDCL § 42-7A-63 State's percentage of net machine income--Deposit into general fund and video lottery operating fund
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The commission shall maximize revenues to the state from video lottery. The state's percentage of net machine income shall be fifty percent. The state's percentage of net machine income shall be directly deposited to the general fund, except for one-half of one percent of net mac…
SDCL § 42-7A-64 Additional criteria for on-sale alcoholic beverage licensees in video lottery licensed establishments
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A municipality or county may consider, in addition to the criteria for the issuance of an on-sale alcoholic beverage license, the following criteria for authorizing video lottery machine placement in establishments issued an on-sale alcoholic beverage license pursuant to subdivis…
SDCL § 42-7A-65 SDCL 42-7A-65
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Repealed by SL 2013, ch 219 , § 11.
SDCL § 42-7A-7 Subpoenas--Order to comply--Punishment by contempt
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Subpoenas issued under the provisions of subdivision 42-7A-4(10) may be served upon individuals, entities, or corporations in the manner provided in chapter 1-26 for the service of process by any officer authorized to serve subpoenas in civil actions or by the executive director …
SDCL § 42-7A-8 Additional functions of executive director
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The executive director shall: (1) Make and keep books and records which accurately and fairly reflect each day's transactions, including the distribution and sale of tickets, receipt of funds, prize claims, prize disbursements, or prizes liable to be paid, expenses and other fina…
SDCL § 42-7A-9 Lottery expenses and prizes to be paid from lottery funds--General funds not to be used or obligated--Exception
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No claim for the payment of an expense of the lottery or the payment of a lottery prize may be made unless it is against the lottery operating fund or money collected from the sale of lottery tickets. Except for the initial start - up funding to the lottery, the general funds of …
SDCL § 42-7B-1 Limited gaming authorized within city of Deadwood
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Limited card games, slot machines, craps, roulette, keno, and wagering on sporting events are hereby authorized, and may be operated, conducted, and maintained, within the city limits of the city of Deadwood, South Dakota, subject to the provisions of this chapter. Source: SL 198…
SDCL § 42-7B-10 Compensation for commission members--Expenses paid
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The members of the South Dakota Gaming Commission shall be paid mileage at the same rate as allowed for state employees. The commission shall receive per diem compensation and allowable expense reimbursement in an amount set pursuant to § 4-7-10.4 for all time actually spent whil…