CHAPTER 127
(HB 1054)
The prize certain lotteries may award, increased.
ENTITLED, An Act to
revise certain provisions regarding an increase of the prizes that certain
lotteries may award.
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; 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
and no
lottery prize is in excess of thirty thousand dollars in value. However, a
;
(5A) The actual value of any lottery prize is stated before any chances for the lottery are sold.
A
lottery prize of
thirty thousand dollars or less
a stated amount of dollars
in value may
also
be given to a person who sells a winning lottery ticket or share as long as the
winning lottery ticket or share is selected at random;
(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 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.
Signed February 17, 2006