Amended

May 7, 2025

 

H. 4129

 

Introduced by Reps. Brewer, Guffey, M. M. Smith, Hartnett, Teeple, B. L. Cox, Sessions, Mitchell, Stavrinakis, Pedalino, Brittain, Hayes, Guest, Luck, Atkinson, Bamberg and Robbins

 

S. Printed 5/7/25--H.                                                                               [SEC 5/8/2025 1:08 PM]

Read the first time March 5, 2025

 

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A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 16-19-5 SO AS TO PROVIDE THAT A PERSON WHO PAYS A FEE TO PLAY A GAME IN WHICH SKILL PREDOMINATES OVER CHANCE AND RECEIVES A PRIZE PROPORTIONATE TO HOW SKILLFULLY HE PLAYED IS NOT GAMBLING.

    Amend Title To Conform

 

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

 

SECTION 1.  Chapter 19, Title 16 of the S.C. Code is amended by adding:

 

    Section 16-19-5. (A) For the purposes of this chapter, a person who pays a fee to participate in a game, activity, or event in which skill predominates over chance including, but not limited to, a Professional Golf Association (PGA) Tournament; a National Association for Stock Car Auto Racing (NASCAR) event; a billfishing or bass fishing tournament; an Association of Tennis Professional Tour event or Women's Tennis Association Tour event; a turkey shoot; or any non-card-based predominant skill game, activity, or event, and receives a thing of value proportionate to how skillfully he plays in the game, activity, or event is not gambling.

    (B) Nothing in this section should be misinterpreted as permitting any physical or electronic card-based game when skill predominates the outcome of the game, activity, or event and is determined primarily by the participant's mental or physical abilities, strategy, or learned capacity. If the game, activity, or event involves a material element of chance by which the outcome is determined through randomness, defeating the participants skill, such as "turn of a card" or "roll of the dice" this is gambling and therefore illegal.

 

SECTION 2.  This act takes effect upon approval by the Governor.

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