South Dakota Administrative Rules
Title 41 - Department of Game, Fish And Parks
Article 41:06 - Hunting seasons and methods
Chapter 41:06:27 - Custer State Park elk hunting season
Section 41:06:27:02.06 - Execution of agreement on participation in elk license raffle - Contents of agreement

(1) The department shall make available for raffle and shall issue one Custer State Park rifle elk license to the successful entrant;

(2) Only legal residents of this state are eligible to win the raffled Custer State Park rifle elk license. The participant must be of legal hunting age, possess a valid prerequisite license, and not otherwise be prohibited from possessing a valid hunting license because of any other legal prohibitions and restrictions;

(3) The participant must conduct the elk license raffle and the sale of raffle tickets and is accountable to the department for the total raffle tickets made available for sale, raffle tickets sold, and total proceeds from the sale of the raffle tickets;

(4) Determination of the successful entrant and one alternate to be used in case of an emergency shall be made by an equitable drawing. Conduct of the drawing is the joint responsibility of the department and the participant. The successful entrant need not be present to win the raffle. The name, address, and valid prerequisite license number of the successful entrant and the alternate shall be provided by the participant to the department within seven days after the raffle drawing;

(5) The drawing for the successful entrant shall be conducted by the department and the participant by July 15;

(6) The department shall issue the successful entrant one Custer State Park rifle elk license if all terms of the agreement, raffle, and rules have been complied with;

(7) Cancellation of the successful entrant's elk license and reissuance of the license to the alternate requires the approval of the department and is not allowed except in the case of the death of the successful entrant or a substantial 100 percent disabling physical or mental condition of the successful entrant caused by accident or illness. If cancellation and reissuance is approved, no financial remuneration of any kind is allowed between any persons or entities;

(8) The elk license allows the successful entrant to hunt and harvest an elk in Custer State Park by rifle subject to all applicable hunting laws and rules in SDCL title 41 and ARSD article 41:06;

(9) The elk project advisory committee shall oversee the raffle and the expenditure of its proceeds. The committee shall determine the maximum charge for the raffle tickets, approve expenses for conducting the raffle, approve projects to be funded, and authorize expenditures from the proceeds. The committee shall have four members, two representatives of the participant, one representative of the Division of Wildlife, and one representative of the Division of Parks and Recreation;

(10) The amount charged for each raffle must be the same for all persons and must be printed on each raffle ticket. Raffle records must contain the name and address of the resident of this state purchasing the raffle ticket. Once sold, raffle tickets may not be assigned, resold, or transferred;

(11) Within seven days after the raffle drawing, the participant shall remit to the department payment of the Custer State Park license fee set in § 41:06:02:03 and all proceeds from the raffle after deduction of necessary printing, postage, media advertising costs, and other expenses approved for payment by the elk raffle project advisory committee. To be approved by the committee, expenses must be incurred solely for the conduct of the raffle and may not exceed 20 percent of gross receipts. The proceeds shall be deposited into a special bank account, approved by the department secretary, in the name of the elk raffle project advisory committee within 30 days after receipt;

(12) The participant, when requested by the department, shall provide to the secretary of the department a detailed summary and accounting of the conduct and results of the raffle sales as follows:

(13) All of the proceeds of the raffle must be spent in this state within three years after the date of the raffle drawing for the benefit of elk, including elk habitat and funding of elk research. Proceeds may be spent only as authorized by a majority vote of the elk raffle project advisory committee. Any proceeds not spent must be deposited with the Division of Parks and Recreation, Department of Game, Fish and Parks; and

(14) The selection of the participant and the alternate and the agreement required by this rule cannot be assigned or transferred.