South Carolina Poker Bills Pass Senate Judiciary Committee

**Moderator**

South Carolina Poker Bills Pass Senate Judiciary Committee
http://www.pokernewsdaily.com/south-carolina-poker-bills-pass-senate-judiciary-committee-2482/

Live and online poker players in South Carolina have been jumping for joy at the news that Senate Bills 535 and 628 have cleared the state’s Senate Judiciary Committee. Both bills explicitly legalize social games of poker.

Senators McConnell, Mulvaney, Ford, Land, Knotts, and Davis introduced senate Bill 535. It outlines what forms of gambling are legal in the state, noting, “Gambling in a private home where no house player, house bank, or house odds exist and where the house receives no part of any of the money or other thing of value that is risked or wagered in the gambling in the private home is social gambling and is not unlawful.” Senate Bill 535 also outlines the process for a non-profit organization to obtain a gaming license, although 90% of the money raised in an event must go directly to the charity. The measure was approved in Committee by a 12-8 vote after being introduced back in March.

Senate Bill 628 and Senate Bill 535 were both amended to include what the Poker Players Alliance (PPA), the major lobbying force for the poker industry, calls a “predominance test.” The move follows a decision by Judge Larry Duffy in February that five poker players caught during a raid of a home game were guilty despite “overwhelming” evidence that poker is a game of skill. Judge Duffy noted that no clear direction existed from the South Carolina Legislature as to whether games predominantly determined by skill were considered gambling. The amendment, which was implemented with the help of the PPA, may clarify South Carolina’s position.

On Wednesday of last week, the Associated Press noted that the two bills had “virtually no chance of passing this year” because the legislative session had just five days remaining. PPA Executive Director John Pappas alluded to the time crunch at hand, noting in a press release distributed by the one million member strong organization, “We urge the South Carolina Senate to quickly bring these pieces of legislation to the floor for a vote before the end of the session.” Senate Bill 628 allows players to utilize a defense of social gambling against a charge of “unlawful gambling.” More importantly, it notes that games deemed predominated by skill are “not unlawful.”

The PPA has 10,000 members in South Carolina. In 2006, Bob Chimento, Jeremy Brestel, Scott Richards, Michael Williamson, and John T. Willis were arrested as part of an allegedly friendly home game in Mount Pleasant. Appearing at the trial of the five defendants was World Poker Tour (WPT) Host and Poker News Daily Guest Columnist Mike Sexton, who came armed with videos showing how hands were won via a player’s skill. Also appearing was University of Denver Statistics Professor Robert Hannum, who outlined the results of a study conducted by Cigital and PokerStars which found that, out of 103 million cash game hands on the popular online poker site, three-quarters did not go to showdown. Instead, a player’s skill in betting earned them a win in the hand.

PPA South Carolina State Director John Ridgeway commented, “The thousands of poker players in the state are now one step closer to being allowed to enjoy a game of poker online or with their friends around the kitchen table without the fear of being accused of a crime under outdated state laws.” The gambling law currently on the books is over 200 years old. The PPA notes that the effect of the two bills extends well beyond just poker. Games like Bunko and Bridge would also become explicitly legal.

The two bills’ approval by the South Carolina Senate Judiciary Committee comes the same week as Congressman Barney Frank (D-MA) introduced comprehensive legislation to legalize and regulate the internet gambling industry in the United States. A separate measure introduced by Frank calls for the regulations of the Unlawful Internet Gambling Enforcement Act (UIGEA) to be delayed for one year.