H 3629 General Bill, By Umphlett, Knight, Bowen, Whipper, Agnew, Allen, 
R.L. Brown, Erickson, Gambrell, Gullick, Herbkersman, Jefferson, Limehouse, 
Miller and E.H. Pitts
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 16-19-35 SO AS TO PERMIT THE LAWFUL OPERATION OF THE LOTTERY GAME KNOWN AS A
 "RAFFLE" WHEN IT IS CONDUCTED BY A CHARITABLE ORGANIZATION AND ALL THE
 PROCEEDS EXCEPT COST OF PRIZES AND PRINTING OF TICKETS ARE USED FOR THE TAX
 EXEMPT PURPOSES OF THE ORGANIZATION; AND TO AMEND SECTION 59-150-20, RELATING
 TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA EDUCATION LOTTERY ACT, SO AS
 TO REFLECT THAT THE "RAFFLE", WHEN CONDUCTED AS PRESCRIBED, IS A LAWFUL
 LOTTERY GAME.

   02/26/09  House  Introduced and read first time HJ-109
   02/26/09  House  Referred to Committee on Judiciary HJ-109

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-19-35 SO AS TO PERMIT THE LAWFUL OPERATION OF THE LOTTERY GAME KNOWN AS A "RAFFLE" WHEN IT IS CONDUCTED BY A CHARITABLE ORGANIZATION AND ALL THE PROCEEDS EXCEPT COST OF PRIZES AND PRINTING OF TICKETS ARE USED FOR THE TAX EXEMPT PURPOSES OF THE ORGANIZATION; AND TO AMEND SECTION 59-150-20, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA EDUCATION LOTTERY ACT, SO AS TO REFLECT THAT THE "RAFFLE", WHEN CONDUCTED AS PRESCRIBED, IS A LAWFUL LOTTERY GAME.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Chapter 19, Title 35 of the 1976 Code is amended by adding:

"Section 16-19-35.    The lottery game known as a 'raffle' may be conducted lawfully in this State only if:

(1)    it is conducted by a charitable, religious, or fraternal organization that is subject to and in compliance with Chapter 56, Title 33, the Solicitation of Charitable Funds Act; and

(2)    all the proceeds except the cost of prizes and printing of tickets are used for the tax exempt purposes of the organization."

SECTION    2.    Section 59-150-20(7) of the 1976 Code, is amended to read:

"(7)    'Lottery', 'lotteries', 'lottery game', or 'lottery games' means a game of chance approved by the General Assembly and operated pursuant to this chapter including, but not limited to, the lottery game categories of instant tickets, on-line lottery games and drawing numbers but excluding keno, pari-mutuel betting, and casino gambling as defined in this section. The operation of the lottery games excludes machines and lottery games, including video poker lottery games, prohibited by Sections 12-21-2710, 16-19-40, and 16-19-50. The access and use of an electronic or mechanical machine designed for a lottery game authorized pursuant to this chapter must be limited to a lottery retailer and his employees only in order to facilitate retail sales of lottery tickets, and such a machine must not dispense anything other than lottery tickets.

As used in this item, the lottery game known as a 'raffle', when conducted by a charitable, religious, or fraternal organization that is subject to and in compliance with Chapter 56, Title 33, the Solicitation of Charitable Funds Act, and when all the proceeds except the cost of prizes and printing of tickets are used for the tax exempt purposes of the organization, is a lawful lottery game approved by the General Assembly and operated pursuant to Section 16-19-35.

As used in this item, 'casino gambling' means a location or business for the purpose of conducting unlawful gambling activities, but excluding the sale and purchase of lottery game tickets or shares; and 'pari-mutuel betting' means a method or system of wagering on actual races including races involving horses or dogs at tracks and the distribution of winnings by pools."

SECTION    3.    This act takes effect upon approval by the Governor and applies to all raffle games conducted after that date.