DEADWOOD, S.D. (AP) — A representative of daily fantasy sports operators under scrutiny nationwide says the industry wants to make it clear: The contests aren't gambling under South Dakota law.

Lobbyist Griffin Finan told state gambling regulators Wednesday the games are predominantly based on skill rather than chance, which makes them legal for players in the state.

Finan spoke for DraftKings, FanDuel and the Fantasy Sports Trade Association.

He says the industry may pursue legislation in South Dakota that would clarify that fantasy sports is exempt from state gambling law and impose consumer protection measures on operators.

Attorney General Marty Jackley has said he would await potential guidance from the commission before deciding whether to take action.

Gaming commission members say the panel lacks jurisdiction over online fantasy sports. Jackley didn't immediately comment.

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