ENTITLED An Act to provide that certain personal information of a lottery prize winner may only be used for advertising or promotion with the winner's consent.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That chapter 42-7A be amended with a NEW SECTION:

The personal information of a lottery prize winner may only be used in advertising or promotion with the written consent of the winner. If the South Dakota Lottery obtains written consent from the winner, the lottery may only use the information to which the winner consented. This section does not apply to the personal information of any winner of a promotional drawing offered by the lottery.

Terms used in this section mean:

(1) "Personal information," the prize winner's name, address, gender, age, and photograph; and

(2) "Promotional drawing," a second-chance drawing or a public contest or other giveaway that does not require payment to participate.

An Act to provide that certain personal information of a lottery prize winner may only be used for advertising or promotion with the winner's consent.