PIERRE, S.D. (SDBA) — South Dakota lottery winners could restrict the information the Lottery Commission releases about their winnings with a bill that unanimously passed by the House Friday afternoon (Feb. 2, 2024).
SB35 says that the personal information of a lottery prize winner may only be used in advertising or promotion with the written consent of the winner.
Further, if the South Dakota Lottery obtains written consent from the winner, the lottery may only use the information to which the winner consented.
The measure does allow the Lottery Commission to use the prize winner’s name, address, gender, age, and photograph. It would exclude information like Social Security number, email address, and phone number.
The bill does not apply to the personal information of a winner of a promotional or “second chance” drawing the lottery offers.
Republican Rep. John Mills from Brookings, the bill’s sponsor, said South Dakota is supposed to be all about freedom. Interestingly, he said, no law protects a winner’s personally identifiable information. He says that, currently, winners must depend on the Lottery Commission to abide by their wishes.
The measure passed 66 to 0.
SB35 has now passed both houses of the legislature and heads to Gov. Kristi Noem for her signature or veto.