ENTITLED, An Act to revise certain provisions concerning the notice given to municipalities and
counties for bingo games and lotteries.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 22-25-25 be amended to read as follows:
22-25-25. The game, bingo, as defined in § 22-25-23, or lottery, as defined in § 22-25-24, may
not be construed as gambling or as a lottery within the meaning of § 22-25-1, if:
(1) The bingo game or lottery is conducted by a bona fide congressionally chartered veterans'
organization; a religious, charitable, educational, or fraternal organization; a local civic
or service club; a political party; a volunteer fire department; a local industrial
development corporation as defined in § 5-14-23; or a political action committee or
political committee on behalf of any candidate for a political office which exists under the
laws of the State of South Dakota;
(2) The proceeds therefrom do not inure to the benefit of any individual;
(3) No separate organization or professional person is employed to conduct the bingo game
or lottery or assist therein;
(4) No compensation of any kind in excess of the state minimum wage per hour or sixty
dollars, whichever is greater, in value is paid to any person for services rendered during
any bingo session in connection with the conduct of the bingo game or in consideration
of any lottery. However, the provisions of this subdivision do not apply to games or
lotteries conducted in connection with any of the following events: a county fair
conducted pursuant to § 7-27-3, the state fair conducted pursuant to chapter 1-21, or a
civic celebration recognized by resolution or other similar official action of the governing
body of a county, municipality, or village;
(5) No prize in excess of two thousand dollars is awarded at any one play of bingo;
(5A) The actual value of any lottery prize is stated before any chances for the lottery are sold.
A lottery prize of a stated amount of dollars in value may be given to a person who sells
a winning lottery ticket or share as long as the winning lottery ticket or share is selected
(6) The organizations authorized under subdivision (1) of this section, before conducting a
bingo game or before selling any chances for a lottery give thirty days' written notice of
the time and place thereof to the governing body or designated administrative official of
the county or municipality in which it intends to conduct the bingo game or lottery, and
the governing body does not pass a resolution objecting thereto. However, any
organization that conducts a lottery and tickets or shares for such lottery are sold state-wide shall provide written notice of such lottery pursuant to this subdivision only to the
secretary of state and to the governing body where the drawing for such lottery is held. A
municipality pursuant to § 9-29-5 may by ordinance prohibit within the municipality the
sale of lottery tickets or shares for such lottery issued pursuant to this section; and
(7) No organization authorized to conduct a bingo game or lottery under subdivision (1) of
this section may enter into any lease or agreement with any other person or organization
to provide equipment or services associated with the conduct of a bingo game or lottery.
However, this subdivision does not apply to any lease or agreement with a distributor
licensed pursuant to §§ 22-25-28 to 22-25-51, inclusive, to provide bingo or lottery
equipment and supplies.
An Act to revise certain provisions concerning the notice given to municipalities and counties for
bingo games and lotteries.
I certify that the attached Act
originated in the
HOUSE as Bill No. 1085
Speaker of the House
President of the Senate
Secretary of the Senate
House Bill No. 1085
File No. ____
Chapter No. ______
Received at this Executive Office
this _____ day of _____________ ,
20____ at ____________ M.
for the Governor
The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
STATE OF SOUTH DAKOTA,
Office of the Secretary of State
Filed ____________ , 20___
at _________ o'clock __ M.
Secretary of State
Asst. Secretary of State