AN ACT
ENTITLED, An Act to establish certain administrative provisions regarding charitable raffles,
lotteries, and bingo and to make violations of these provisions subject to the Deceptive Trade
Practice and Consumer Protection Act.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 22-25 be amended by adding thereto a NEW SECTION to read as follows:
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 22-25 be amended by adding thereto a NEW SECTION to read as follows:
No lottery may continue for longer than eighteen months after the date on which the first ticket
is sold. If an organization determines that a drawing cannot be held within eighteen months, the
organization shall within thirty days notify all purchasers that the lottery cannot be completed or
prize awarded, and that each purchaser is entitled to a full refund of the ticket price upon the
submission of a request for refund. If a purchaser fails to contact the organization and request a
refund within one hundred eighty days after the notice was given, the organization shall remit the
unclaimed refund amount to the Office of State Treasurer as unclaimed property pursuant to chapter
43-41B.
A violation of the provisions of this section constitutes a deceptive act or practice pursuant to
the provisions of § 37-24-6.
Section 2. That § 37-24-6 be amended to read as follows:
37-24-6. It is a deceptive act or practice for any person to:
Section 2. That § 37-24-6 be amended to read as follows:
37-24-6. It is a deceptive act or practice for any person to:
(1) Knowingly act, use, or employ any deceptive act or practice, fraud, false pretense, false
promises, or misrepresentation or to conceal, suppress, or omit any material fact in
connection with the sale or advertisement of any merchandise, regardless of whether any
person has in fact been misled, deceived, or damaged thereby;
(2) Advertise price reductions without satisfying one of the following:
(a) Including in the advertisement the specific basis for the claim of a price reduction;
or
(b) Offering the merchandise for sale at the higher price from which the reduction is
taken for at least seven consecutive business days during the sixty-day period prior
to the advertisement.
Any person advertising consumer property or services in this state, which advertisements
contain representations or statements as to any type of savings claim, including reduced
price claims and price comparison value claims, shall maintain reasonable records for a
period of two years from the date of sale and advertisement, which records shall disclose
the factual basis for such representations or statements and from which the validity of any
such claim be established. However, these reasonable record provisions do not apply to
the sale of any merchandise that is of a class of merchandise that is routinely advertised
on at least a weekly basis in newspapers, shopping tabloids, or similar publications and
that has a sales price before price reduction that is less than fifteen dollars per item;
(3) Represent a sale of merchandise at reduced rates due to the cessation of business
operations and after the date of the first advertisement remain in business under the same,
or substantially the same, ownership or trade name, or continue to offer for sale the same
type of merchandise at the same location for more than one hundred twenty days;
(4) Give or offer a rebate, discount, or anything of value to a person as an inducement for
selling consumer property or services in consideration of giving the names of prospective
purchasers or otherwise aiding in making a sale to another person, if the earning of the
rebate, discount, or other thing of value is contingent upon the occurrence of an event
subsequent to the time the person agrees to the sale;
(5) Engage in any scheme or plan for disposal or distribution of merchandise whereby a
participant pays a valuable consideration for the chance to receive compensation primarily
for introducing one or more additional persons into participation in the planner's scheme
or for the chance to receive compensation when the person introduced by the participant
introduces a new participant;
(6) Send, deliver, provide, mail, or cause to be sent, delivered, provided, or mailed any bill
or invoice for unordered property or unordered service provided;
(7) Advertise a rate, price, or fee for a hotel, motel, campsite, or other lodging
accommodation which is not in fact available to the public under the terms advertised. It
is not a violation of this subdivision to establish contract rates which are different than
public rates;
(8) Charge a rate, price, or fee for a hotel, motel, campsite, or other lodging accommodation
which is different than the rate, price, or fee charged on the first night of the guest's stay
unless, at the initial registration of the guest, a written notification of each price, rate, or
fee to be charged during the guest's reserved continuous stay is delivered to the guest and
an acknowledgment of receipt of the notice is signed by the guest and kept by the
innkeeper for the same period of time as is required by § 34-18-21;
(9) Knowingly fail to mail or to deliver by electronic means to a future guest a written
confirmation of the date and rates of reservations made for any accommodation at a hotel,
motel, campsite, or other lodging accommodation when a written request for confirmation
is received from the future guest;
(10) Require money in advance of arrival or a handling fee in the event of cancellation of any
hotel, motel, campsite, or other lodging accommodation unless the innkeeper has a written
policy or a separate contract with the guest stating so that is mailed or delivered by
electronic means to the guest at or near the making of the reservation;
(11) Knowingly advertise or cause to be listed through the internet or in a telephone directory
a business address that misrepresents where the business is actually located or that falsely
states that the business is located in the same area covered by the telephone directory. This
subdivision does not apply to a telephone service provider, an internet service provider,
or a publisher or distributor of a telephone directory, unless the conduct proscribed in this
subdivision is on behalf of the provider, publisher, or distributor;
(12) Sell, market, promote, advertise, or otherwise distribute any card or other purchasing
mechanism or device that is not insurance that purports to offer discounts or access to
discounts from pharmacies for prescription drug purchases if:
(a) The card or other purchasing mechanism or device does not expressly state in bold
and prominent type, prevalently placed, that discounts are not insurance;
(b) The discounts are not specifically authorized by a separate contract with each
pharmacy listed in conjunction with the card or other purchasing mechanism or
device; or
(c) The discount or access to discounts offered, or the range of discounts or access to
the range of discounts, is misleading, deceptive, or fraudulent, regardless of the
literal wording.
The provisions of this subdivision do not apply to a customer discount or membership
card issued by a store or buying club for use in that store or buying club, or a patient
access program voluntarily sponsored by a pharmaceutical manufacturer, or a consortium
of pharmaceutical manufacturers, that provide free or discounted prescription drug
products directly to low income or uninsured individuals either through a discount card
or direct shipment;
(13) Send or cause to be sent an unsolicited commercial electronic mail message that does not
include in the subject line of such message "ADV:" as the first four characters. If the
message contains information that consists of explicit sexual material that may only be
viewed, purchased, rented, leased, or held in possession by an individual eighteen years
of age and older, the subject line of each message shall include "ADV:ADLT" as the first
eight characters. An unsolicited commercial electronic mail message does not include a
message sent to a person with whom the initiator has an existing personal or business
relationship or a message sent at the request or express consent of the recipient; or
(14) Violate the provisions of section 1 of this Act.
Each act in violation of this section under one thousand dollars is a Class 1 misdemeanor. Each
act in violation of this statute over one thousand dollars but under one hundred thousand dollars is
a Class 6 felony. Each act in violation of this section over one hundred thousand dollars is a Class
5 felony.
An Act to establish certain administrative provisions regarding charitable raffles, lotteries, and bingo and to make violations of these provisions subject to the Deceptive Trade Practice and Consumer Protection Act.
An Act to establish certain administrative provisions regarding charitable raffles, lotteries, and bingo and to make violations of these provisions subject to the Deceptive Trade Practice and Consumer Protection Act.
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I certify that the attached Act originated in the
SENATE as Bill No. 18
____________________________
Secretary of the Senate ____________________________
President of the Senate
Attest:
____________________________
Secretary of the Senate
____________________________
Attest:
____________________________
Chief Clerk
Senate Bill No. 18 File No. ____ Chapter No. ______ |
Received at this Executive Office this _____ day of _____________ ,
20____ at ____________ M.
By _________________________
for the Governor
The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
____________________________
Governor STATE OF SOUTH DAKOTA, ss.
Office of the Secretary of State
Filed ____________ , 20___
____________________________ Secretary of State
By _________________________ |
