This amendment is a technical cleanup converting the engrossed bill to its enrolled (final) version, correcting statutory reference formatting (changing "22-6 25-1" to "22-25-1"), reformatting list structures for clarity, and removing substantive language like "inure to the" and "in value" while simplifying conditional phrases—these are standard drafting refinements that do not alter the bill's core purpose of authorizing bingo, lotteries, and pull-tab devices for booster clubs and similar organizations.
26.474.24 26.474.25 101st Legislative Session 1201 2026 South Dakota Legislature House Bill 1201 HOUSE COMMERCE AND ENERGY ENGROSSED Introduced by: Representative Roby Underscores indicate new language. Overstrikes indicate deleted language. ENROLLED AN ACT ENTITLED An Act to authorize the use of bingo games, lotteries, and pull-tab devices by 1 booster clubs. 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 Section 1. That § 22-25-25 be AMENDED: 4 22-25-25. The game, bingo, as defined in § 22-25-23, or lottery, as defined in 5 § 22-25-24, may not be construed as gambling or as a lottery within the meaning of § 22-6 25-1, 22-25-1, if: 7 (1) The bingo game or lottery is conducted by a bona: 8 a: (a) Bona fide congressionally chartered veterans' organization; a religious 9 (b) Religious, charitable, educational, or fraternal organization; a local 10 (c) Local civic or, civic, service, or booster club; a political 11 (d) Political party; a volunteer 12 (e) Volunteer fire department; a local 13 (f) Local industrial development corporation as defined in § 5-14-23; or a 14 political 15 (g) Political action committee or political committee on behalf of any candidate 16 for a political office, which exists under the laws of the State of South 17 Dakota this state; 18 (2) The proceeds therefrom do not inure to the directly benefit of any individual; 19 (3) No separate organization or professional person is employed to conduct the bingo 20 game or lottery, or assist therein, except as provided in § 22-25-41; 21 (4) No compensation of any kind in excess of the state minimum wage per hour or 22 sixty dollars, whichever is greater, in value is paid to any person for services 23 rendered during any bingo session in connection with the conduct of the bingo 24 game or in consideration of any lottery. However, the The provisions of this 25 26.474.24 2 1201 Underscores indicate new language. Overstrikes indicate deleted language. subdivision do not apply to games or lotteries conducted in connection with any of 1 the following events: a: 2 with: (a) A county fair conducted pursuant to § 7-27-3, the; 3 7-27-3; (b) The state fair conducted pursuant to chapter 1-21, ; ora 4 1-21; or 26.474.25 2 1201 HB1201 ENROLLED (c) A civic celebration recognized by resolution or other similar official action of 5 the governing body of a county, municipality, or village; 6 (5) No prize in excess of two thousand dollars is awarded at any one play of bingo; 7 (6) The actual value of any lottery prize is stated before any chances for the lottery are 8 sold. A lottery prize of a stated amount of dollars in value may be given to a person 9 who sells a winning lottery ticket or share as long as the winning lottery ticket or 10 share is selected at random; 11 (7) The organizations authorized under subdivision (1) of this section, before 12 conducting a bingo game or before selling any chances for a lottery, give thirty 13 days' written notice of the time and place thereof to the governing body or 14 designated administrative official of the county or municipality in which it intends 15 to conduct the bingo game or lottery, and the governing body does not pass a 16 resolution objecting thereto. However, any Any organization that conducts a lottery 17 and sells tickets or shares for the lottery state-wide shall provide written notice of 18 the lottery pursuant to this subdivision only to the secretary of state and to the 19 governing body where the drawing for the lottery is held. A municipality pursuant 20 to § 9-29-5 may by ordinance prohibit within the municipality the sale of lottery 21 tickets or shares for the lottery issued pursuant to this section; and 22 (8) No organization authorized to conduct a bingo game or lottery under subdivision 23 (1) of this section may enter enters into any lease or agreement with any other 24 person or organization to provide equipment or services associated with the 25 conduct of a bingo game or lottery. However, this This subdivision does not apply 26 to any device provided under § 22-25-41, or to any lease or agreement with a 27 distributor to provide bingo or lottery equipment and supplies. 28 Section 2. That § 22-25-41 be AMENDED: 29 22-25-41. No Except as otherwise provided in this section, no coin-operated 30 machine or mechanical pull-tab dispensing device may be sold or otherwise furnished to 31 any organization in this state by a distributor or manufacturer. However, a 32 26.474.24 3 1201 Underscores indicate new language. Overstrikes indicate deleted language. A distributor or manufacturer may sell or furnish a coin or bill operated mechanical 1 pull-tab dispensing device if the device is only sold or furnished to and only used by a 2 fraternal: 3 a: (1) Fraternal or charitable organization, local; 4 organization; (2) Local civic or, civic, service, or booster club, volunteer; 5 club; (3) Volunteer fire department, department; or a congressionally; or 6 26.474.25 3 1201 HB1201 ENROLLED (4) Congressionally chartered veteran's organization that qualifies under § 22-25-7 25.1. 8 22-25-25.1. A device sold or furnished under this section may be used at an establishment 9 licensed pursuant to subdivision 35-4-2(4), (6), (12), or (16) that is not owned or 10 operated by the person authorized to purchase the device. Each person authorized to 11 purchase the device is limited to placing one device in no more than two establishments 12 that are not owned or operated by the person. No establishment may have more than one 13 device placed within it. All proceeds from the operation of the device must be retained by 14 the person authorized to purchase the device. 15 26.474.25 4 1201 HB1201 ENROLLED An Act to authorize the use of bingo games, lotteries, and pull-tab devices by booster clubs. I certify that the attached Act originated in the: House as Bill No. 1201 Chief Clerk of the House Speaker of the House Attest: Chief Clerk of the House President of the Senate Attest: Secretary of the Senate House Bill No. 1201 File No. ____ Chapter No. ______ Received at this Executive Office this _____ day of _____________, 2026 at ____________M. By for the Governor The attached Act is hereby approved this ________ day of ______________, A.D., 2026 Governor STATE OF SOUTH DAKOTA, ss. Office of the Secretary of State Filed ____________, 2026 at _________ o'clock __M. Secretary of State By Asst. Secretary of State