The game, bingo, as defined in § 22-25-23, or lottery, as defined in § 22-25-24, or poker tournament, as defined in section 2 of this Act, may not be construed as gambling or6 as a lottery within the meaning of § 22-25-1, if: (1)The bingo game or, lottery, or poker tournament is conducted by a bona fide8 congressionally chartered veterans' organization; a religious, charitable, educational, or fraternal organization; a local civic or service club; a political party; a volunteer10 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 for12 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 bingo15 100 copies were printed on recycled paper by the South DakotaLegislative Research Council at a cost of $.167 per page.v Insertions into existing statutes are indicated by underscores.Deletions from existing statutes are indicated by overstrikes. - 2 -HB 1203 game or lottery or assist therein; (4)No compensation of any kind in excess of the state minimum wage per hour or sixty2 dollars, whichever is greater, in value is paid to any person for services rendered3 during any bingo session in connection with the conduct of the bingo game or in4 consideration of any lottery. However, the The provisions of this subdivision do not5 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 to7 chapter 1-21, or a civic celebration recognized by resolution or other similar official8 action of the governing body of a county, municipality, or village; (5)No prize in excess of two four 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 are11 sold. A lottery prize of a stated amount of dollars in value may be given to a person12 who sells a winning lottery ticket or share as long as the winning lottery ticket or13 share is selected at random; (5B)Fifty percent of all tournament fees paid in any poker tournament will be paid out as tournament prizes; (6)The organizations authorized under subdivision (1) of this section, before conducting17 a bingo game or before selling any chances for a lottery give thirty days' written18 notice of the time and place thereof to the governing body or designated19 administrative official of the county or municipality in which it intends to conduct20 the bingo game or, lottery, or poker tournament, and the governing body does not21 pass a resolution objecting thereto. However, any in objection. Any organization that22 conducts a lottery and tickets or shares for such the lottery are sold state-wide shall23 provide written notice of such the lottery pursuant to under this subdivision only to24 - 3 -HB 1203 the secretary of state and to the governing body where the drawing for such the lottery is held. A municipality pursuant to § 9-29-5 may by ordinance prohibit within2 the municipality the sale of lottery tickets or shares for such lottery issued pursuant3 to this section; and (7)Any organization authorized under this section to conduct a poker tournament shall file with the Office of the Secretary of State an intent to conduct the tournament thirty days before play is to be conducted. This intent shall include the location, date, time, tournament fee, and blind schedule. When the poker tournament is concluded, a list of all participants, total dollars paid in fees, and total dollars paid in prizes shall be provided to the secretary of state no later than forty-eight hours after play has concluded. If play is conducted on a weekend or holiday, the information shall be filed on the next regular business day closest to the date the tournament was conducted; and (8)No organization authorized to conduct a bingo game or, lottery, or poker tournament under subdivision (1) of this section may enter into any lease or agreement with any15 other person or organization to provide equipment or services associated with the16 conduct of a bingo game or, lottery, or poker tournament. However, this This subdivision does not apply to any lease or agreement with a distributor licensed18 pursuant to under §§ 22-25-28 to 22-25-51, inclusive, to provide bingo or lottery19 equipment and supplies.