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South Dakota State Lotteries Laws

Created byВ FindLaw’s team of legal writers and editors | Last updated June 20, 2016

Most states operate an official state lottery as a means of generating revenue. Lotteries offer players a very small chance of winning millions in exchange for a small wager, although most lotteries also have “scratch-off” games with smaller prizes and better odds. In any event, they don’t require any particular skill and are made available throughout the respective state. Lotteries typically are created through legislation or ballot initiatives and involve a fair amount of regulation.

Where Do Lottery Revenues Go?

Most state lotteries are used to fund public education or other specific public needs, but sometimes revenue goes directly to the state’s general fund. Some states participate in nationwide lotteries (such as Megamillions), which tend to have extremely high jackpots.

South Dakota Lotteries

In South Dakota, there are several forms of lottery games including scratch tickets, Powerball, Mega Millions, Dakota Cash, Wild Card 2, Lotto and Video Lottery.

Legal Age to Play the Lottery

Anyone 18 years or older can legally purchase a South Dakota Lottery ticket. However, only persons who are 21 years old and over can play Video Lottery.

State Lottery and Taxes

The Lottery is required by the Internal Revenue Service (IRS) to withhold 25 percent from prizes of more than $5,000. The State of South Dakota does not tax Lottery winnings. Additionally, the Hot Lotto jackpot is now paid in a lump sum cash payment with all initial withholding taxes paid.

Where Do The Lottery Funds Go?

The South Dakota Lottery funds education, lowers property taxes , and develops natural resources.

Counterfeit Lottery Tickets

Thinking you can make a quick buck by counterfeiting lottery tickets? Think again. Any person who, with intent to defraud, falsely makes, alters, forges, passes, or counterfeits a lottery ticket issued by the South Dakota Lottery is guilty of a Class 6 felony .

The basics of South Dakota state lottery laws are detailed in the following table, with links to related articles.See South Dakota Consumer Tax Laws and South Dakota Personal Income Tax Laws to learn more.

Code Section 42-7A-1, et seq.
Distribution of Lottery Revenue Expenses and prizes (approx. 50%) from lottery operating fund; net proceeds to state general fund; state corrections facility construction fund, and state capital construction fund (lottery expenses may not exceed amount of net proceeds to these funds) Video lottery income directly deposited in state property tax reduction fund. SDCL§42-7A-24
Additional Purpose of Lottery N/A
Lottery Prize Subject to Child Support Garnishment For prizes in excess of $100, liability setoff program to satisfy debts owed or collected through state agencies (child support payments have priority)
Time Limit to Claim Prize/Disposition One (1) year or period deemed appropriate by executive director/added to prize pools of subsequent lottery games
Prohibited Related Activities Counterfeiting lottery tickets; sale at greater price; sales to minors

Note: South Dakota lottery laws are constantly changing — contact a South Dakota gaming attorney or conduct your own legal research to verify the state law(s) you are researching.

Research the Law:

  • South Dakota Code
  • Official State Codes – Links to the official online statutes (laws) in all 50 states and DC.

South Dakota State Lottery Laws: Related Resources

Chart providing details of South Dakota State Lotteries Laws

Failsafe barcodes make scratch ticket validation a breeze!

Failsafe barcodes make scratch ticket validation a breeze!

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OFFICIAL NEWSLETTER OF THE SOUTH DAKOTA LOTTERY Failsafe barcodes make scratch ticket validation a breeze! Starting with instant game #395 – Cash Blast, you, the retailer, will be able to validate tickets with one simple step by simply scanning the “failsafe” barcode on the Altura terminal. There will be no need to enter the three-digit “PIN” number when validating with the failsafe method. The failsafe barcode will be located in the play area. Because the code may not be located in the same spot on each game, it will be important to scratch off the entire latex-covered play area. JAN./FEB. 2011 Until all games have the new failsafe barcode, the standard barcodes which you are used to scanning will still appear on the back of the tickets. When using the standard barcode it will be necessary to enter the PIN number. Players will soon be able to benefit from this new technology as well. Lottery sales director Joe Willingham said players will be able to scan their own tickets on the self-service ticket checkers within the next few months. “Players like scanning their own tickets because of the added surety to the validation process,” Willingham said. ”The new method will save clerks time, too,” he said. Sioux Falls woman claims $681,453 Wild Card 2 jackpot Norma Hiller of Sioux Falls on Nov. 29, 2010 claimed her $681,453 Wild Card 2 jackpot from the Nov. 20, 2010 drawing at the Sioux Falls Lottery office. Hiller, who was unaware of how much she’d won when she came to claim her prize, purchased her lucky ticket at HyVee on East 10th Street in Sioux Falls. The store will receive a bonus of $6,814.53 for selling the winning ticket. This is the third time this year the Wild Card 2 jackpot has been won in South Dakota. he game is played in South Dakota, Idaho, Montana, and North Dakota.

Failsafe barcodes make scratch ticket validation a breeze! ]]>