FOR AN ACT ENTITLED, An Act to  eliminate the confidentiality provisions concerning certain video lottery information and require certain reports.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
     Section  1.  That § 42-7A-50 be amended to read as follows:
     42-7A-50.   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 investigation and audit procedures authorized by Title 10 or in accordance with a judicial order. No person may use a subpoena, discovery, or other applicable statutes to obtain such information or records. Information and records considered confidential include:

             (1)      Applications, credit, and security checks of lottery retailers, licensees, and persons seeking or doing business with the lottery;

             (2)      Marketing, financial, or sales data, the disclosure of which may be harmful to the competitive position of the South Dakota Lottery, its retailers, licensees, or persons seeking or doing business with the lottery;

---

             (3)      Audit work papers, worksheets, and auditing procedures used by the lottery, its agent, or employees; and

             (4)      Tax returns of individual licensees.

     However, this section may not be construed to make confidential the name of any video lottery operator including, if the video lottery operator is a partnership, the name of any partner and, if the video lottery operator is an association or corporation, the name of any director, any officer, and any stockholder who owns five percent or more of the stock in the association or a parent or subsidiary corporation.
     Section  2.  That chapter 42-7A be amended by adding thereto a NEW SECTION to read as follows:

     The provisions of §  42-7A-50 do not apply to this section. A video lottery licensee shall file with the South Dakota Lottery at the time of license renewal:

             (1)    The number of video lottery machines owned by the licensee;

             (2)    The number of video lottery machines sold by the licensee;

             (3)    The percentage of the video lottery net machine income that the licensee received in the past license year; and

             (4)    The licensee's net income from the sale, lease, use, maintenance, and service directly attributable to the licensee's video lottery operations within the State of South Dakota.