HB 1201

26.474.25  101st Legislative Session  1201
                                      2026 South Dakota Legislature
                                              House Bill 1201
                                                    ENROLLED
                                              AN ACT
ENTITLED An Act to authorize the use of bingo games, lotteries, and pull-tab devices
         by booster clubs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 22-25-25 be AMENDED:
            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:
            (a)    Bona fide congressionally chartered veterans' organization;
            (b)    Religious, charitable, educational, or fraternal organization;
            (c)    Local civic, service, or booster club;
            (d)    Political party;
            (e)    Volunteer fire department;
            (f)    Local industrial development corporation as defined in § 5-14-23; or
            (g)    Political action committee or political committee on behalf of any candidate
                   for a political office, which exists under the laws of this state;
    (2)     The proceeds therefrom do not directly benefit any individual;
    (3)     No separate organization or professional person is employed to conduct the bingo
            game or lottery, or assist therein, except as provided in § 22-25-41;
   (4)      No compensation of any kind in excess of the state minimum wage per hour or
            sixty dollars, whichever is greater, 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. The provisions of this subdivision do not apply to
            games or lotteries conducted in connection with:
            (a)    A county fair conducted pursuant to § 7-27-3;
            (b)    The state fair conducted pursuant to chapter 1-21; or
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            (c)     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;
    (6)     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 at random;
    (7)     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. Any organization that conducts a lottery and sells
            tickets or shares for the lottery state-wide shall provide written notice of the lottery
            pursuant to this subdivision only to the secretary of state and to the governing
            body where the drawing for the 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 the lottery issued pursuant to this section; and
    (8)     No organization authorized to conduct a bingo game or lottery under subdivision
            (1) of this section enters 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. This subdivision does not apply to any device provided under
            § 22-25-41, or to any lease or agreement with a distributor to provide bingo or
            lottery equipment and supplies.
Section 2. That § 22-25-41 be AMENDED:
            22-25-41. Except as otherwise provided in this section, no coin-operated machine
   or mechanical pull-tab dispensing device may be sold or otherwise furnished to any
   organization in this state by a distributor or manufacturer.
            A distributor or manufacturer may sell or furnish a coin or bill operated mechanical
   pull-tab dispensing device if the device is only sold or furnished to and only used by a:
   (1)      Fraternal or charitable organization;
   (2)      Local civic, service, or booster club;
   (3)      Volunteer fire department; or
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   (4)      Congressionally chartered veteran's organization that qualifies under § 22-25-
            25.1.
            A device sold or furnished under this section may be used at an establishment
   licensed pursuant to subdivision 35-4-2(4), (6), (12), or (16) that is not owned or
   operated by the person authorized to purchase the device. Each person authorized to
   purchase the device is limited to placing one device in no more than two establishments
   that are not owned or operated by the person. No establishment may have more than one
   device placed within it. All proceeds from the operation of the device must be retained by
   the person authorized to purchase the device.
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26.474.25  4  1201
An Act to authorize the use of bingo games, lotteries, and pull-tab devices by booster clubs.
                                                     Received at this Executive Office
 I certify that the attached Act originated in       this _____ day of _____________,
 the:
                                                     2026 at ____________M.
 House as Bill No. 1201
                                                     By
                     Chief Clerk of the House  for the Governor
                                                                      The attached Act is hereby
                                                                  approved this ________ day of
                          Speaker of the House  ______________, A.D., 2026
 Attest:
                                                                                        Governor
                     Chief Clerk of the House
                                                     STATE OF SOUTH DAKOTA,
                                                                                               ss.
                                                     Office of the Secretary of State
                       President of the Senate
                                                                    Filed ____________, 2026
 Attest:  at _________ o'clock __M.
                       Secretary of the Senate  Secretary of State
 House Bill No. 1201  By
 File No. ____  Asst. Secretary of State
 Chapter No. ______
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