Lawmaker Seeks to Legalize Charity Raffles : Gambling: A change in the state Constitution that would allow the games is proposed after an Oxnard private high school’s fund-raiser is declared illegal.

Carpinteria Assemblyman Jack O’Connell took action Thursday to aid a private Catholic high school in Oxnard that canceled its annual raffle recently after Dist. Atty. Michael D. Bradbury’s office declared it a violation of state gambling laws.

In response to an outcry from parents and school officials, O’Connell introduced legislation that would place on the November ballot an amendment to the state Constitution that would allow nonprofit and charitable groups to operate raffles.

The raffle, which has been held for 20 years at Santa Clara High School, was scrapped after Ventura County Deputy Dist. Atty. Gregory W. Brose wrote an April 4 letter declaring the school’s spring fiesta raffle violated state gambling laws.

The raffle had raised up to $60,000 each year for the school, according to school officials.

The state attorney general’s office issued a formal opinion in April, 1988, concluding that charitable organizations may not legally use a raffle to raise funds.

“Many charitable and nonprofit organizations have lost an important means of funding because of an attorney general’s opinion, which held that raffles are illegal under our Constitution,” O’Connell said in a press release. “With this interpretation, charities have lost a major fund-raising tool, which can be a crushing blow to them during these tight budget times.”

The state Constitution, which can only be amended by voters, prohibits raffles and lotteries that distribute prizes to participants who make donations or pay to participate. The exceptions, including the California Lottery and bingo games for charitable organizations, were made possible by voter approval of amendments to the state Constitution.

Jeff Bowling, a spokesman for O’Connell, said cancellation of the raffle at Santa Clara High School prompted parents and school representatives to urge the assemblyman to propose the change in state law.

However, O’Connell may have his work cut out for him. Two previous attempts to adopt similar legislation have failed, one in 1988 by Assemblyman Tom McClintock (R-Thousand Oaks) and another in 1989 by Assemblywoman Jackie Speier (D-South San Francisco).

Joe Yocca, an administrative assistant to McClintock, said both pieces of legislation passed the Assembly but were killed in a state Senate committee at the behest of law enforcement officials who feared that the legislation would allow organized crime to profit from such raffles.

“We are going to give it one more shot to convince the members of that committee that this is the right thing to do,” he said.

Bradbury said Thursday that he helped draft the legislation sponsored by McClintock and would support any effort to allow charitable organizations to continue to raise funds.

Bradbury said he has not seen O’Connell’s legislation but added that he will support the measure if it contains restrictions allowing only charitable organizations to profit from such raffles.

“With some real tough guidelines, my office will support it,” he said.

Bowling said the legislation introduced by O’Connell would require organizations that operate raffles and lotteries to qualify for nonprofit status under state and federal guidelines.

“I don’t see how organized crime will get involved with a nonprofit group,” he said.