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TO AMEND SECTIONS 16-19-10, 16-19-20, AND 16-19-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SETTING UP OF LOTTERIES, THE ADVENTURING OF LOTTERIES, AND THE SELLING OF LOTTERY TICKETS, SO AS TO PROVIDE THAT A RAFFLE CONDUCTED NO MORE THAN FOUR TIMES A YEAR BY A FEDERALLY TAX EXEMPT ORGANIZATION THAT HAS BEEN OPERATING IN SOUTH CAROLINA FOR A MINIMUM OF FIVE YEARS AND IN WHICH ALL RAFFLE PROCEEDS EXCEPT THE COST OF PRIZES AND PRINTING OF TICKETS ARE USED FOR TAX EXEMPT PURPOSES OF THE ORGANIZATION SHALL NOT BE A LOTTERY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Sections 16-19-10, 16-19-20, and 16-19-30 of the 1976 Code are amended to read:
"Section 16-19-10. (A) Whoever shall publicly or privately erect, set up, or expose to be played or drawn at or shall cause or procure to be erected, set up, or exposed to be played, drawn, or thrown at any lottery under the denomination of sales of houses, lands, plate, jewels, goods, wares, merchandise, or other things whatsoever or for money or by any undertaking whatsoever, in the nature of a lottery, by way of chances, either by dice, lots, cards, balls, numbers, figures, or tickets or who shall make, write, print or publish, or cause to be made, written, or published any scheme or proposal for any of the purposes aforesaid is guilty of a misdemeanor and, upon conviction, must be fined one thousand dollars and imprisoned for one year. One-third of the fine imposed shall be paid to the person, if any, who informed law enforcement officials or other appropriate authorities about the violation which led to the conviction. Each violation constitutes a separate offense.
(B) A raffle conducted no more than four times in a calendar year by a charitable, religious, community-service, education-related, or fraternal organization exempt from federal income taxation that has been organized and operating in the State of South Carolina for five years prior to the implementation of this provision in which all raffle proceeds except the costs of prizes and the costs of printing tickets are used for the organization's tax exempt purposes is not a lottery prohibited by this section.
Section 16-19-20. (A) Whoever shall be adventurer in or shall pay any moneys or other consideration or shall in any way contribute unto or upon account of any sales or lotteries shall forfeit for every such offense the sum of one hundred dollars to be recovered with costs of suit, by action or indictment in any court of competent jurisdiction in this State, one moiety thereof to and for the use of the State and the other moiety thereof to the person who shall inform and sue for the same.
(B) A raffle conducted no more than four times in a calendar year by a charitable, religious, community-service, education-related, or fraternal organization exempt from federal income taxation that has been organized and operating in the State of South Carolina for five years prior to the implementation of this provision in which all raffle proceeds except the costs of prizes and the costs of printing tickets are used for the organization's tax exempt purposes is not a lottery prohibited by this section.
Section 16-19-30. (A) It shall be unlawful to offer for sale any lottery tickets or to open or keep any office for the sale of lottery tickets, and if any person shall offend against any of the provisions of this section he shall, on conviction thereof, forfeit and pay to the State a sum not exceeding ten thousand dollars. The county treasurer of the county in which such offense occurs shall prosecute the offender.
(B) A raffle conducted no more than four times in a calendar year by a charitable, religious, community-service, education-related, or fraternal organization exempt from federal income taxation that has been organized and operating in the State of South Carolina for five years prior to the implementation of this provision in which all raffle proceeds except the costs of prizes and the costs of printing tickets are used for the organization's tax exempt purposes is not a lottery prohibited by this section."
SECTION 2. This act takes effect upon approval by the Governor.
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