South Carolina General Assembly
116th Session, 2005-2006

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H. 3621

STATUS INFORMATION

Joint Resolution
Sponsors: Reps. Altman, Ceips, Limehouse, Scarborough, Scott and Young
Document Path: l:\council\bills\ggs\22963htc05.doc

Introduced in the House on February 23, 2005
Introduced in the Senate on April 28, 2005
Last Amended on April 26, 2005
Currently residing in the Senate

Summary: Raffles by charitable organizations

HISTORY OF LEGISLATIVE ACTIONS 

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   2/23/2005  House   Introduced and read first time HJ-48
   2/23/2005  House   Referred to Committee on Judiciary HJ-48
   4/19/2005  House   Committee report: Favorable with amendment Judiciary 
                        HJ-61
   4/26/2005  House   Amended HJ-111
   4/26/2005  House   Read second time HJ-115
   4/26/2005  House   Roll call Yeas-87  Nays-11 HJ-115
   4/27/2005  House   Read third time and sent to Senate HJ-24
   4/28/2005  Senate  Introduced and read first time SJ-12
   4/28/2005  Senate  Referred to Committee on Judiciary SJ-12
    5/9/2005  Senate  Referred to Subcommittee: Gregory (ch), Elliott, 
                        Anderson, Ritchie, Cleary
   5/17/2006  Senate  Committee report: Favorable with amendment Judiciary SJ-8
   5/18/2006          Scrivener's error corrected

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

2/23/2005
4/19/2005
4/26/2005
5/17/2006
5/18/2006

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

COMMITTEE REPORT

May 17, 2006

H. 3621

Introduced by Reps. Altman, Ceips, Limehouse, Scarborough, Scott and Young

S. Printed 5/17/06--S.    [SEC 5/18/06 4:16 PM]

Read the first time April 28, 2005.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Joint Resolution (H. 3621) proposing an amendment to Section 7, Article XVII of the Constitution of South Carolina, 1895, relating to the prohibition on lotteries and the exceptions to this prohibition, etc., respectfully

REPORT:

That they have duly and carefully considered the same and recommend that the same do pass with amendment:

Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting therein the following:

/    SECTION    1.    It is proposed that Section 7, Article XVII of the Constitution of this State be amended by adding a new paragraph at the end to read:

"A raffle conducted no more than four times in a calendar year by a charitable, religious, community-service, education-related, or fraternal organization that is exempt from taxation under the Internal Revenue Code is not a lottery prohibited by this section. For purposes of this provision, all raffles occurring on one date are defined as one raffle and a raffle includes a poker run. All net proceeds from a raffle must be used for the organization's tax-exempt purposes as the Internal Revenue Code defines those purposes.

Net proceeds shall be calculated by subtracting the purchase price of the prizes and the cost of printing tickets from the gross proceeds of a raffle."

SECTION    2.    The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Must Section 7, Article XVII of the Constitution of this State be amended so as to provide that a raffle conducted no more than four times in a calendar year by a charitable, religious, community-service, education-related, or fraternal organization that is exempt from taxation under the Internal Revenue Code is not a lottery prohibited by the Constitution of this State and to provide that for purposes of this provision, all raffles occurring on one date are defined as one raffle and a poker run is included in the definition of a raffle, and to provide that all net proceeds from a raffle must be used for the organization's tax-exempt purposes as defined by the Internal Revenue Code and that net proceeds are calculated by subtracting the purchase price of the prizes and the cost of printing tickets from the gross proceeds of a raffle?

Yes    []

No    []

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."        /

Renumber sections to conform.

Amend title to conform.

CHAUNCEY K. GREGORY for Committee.

            

A JOINT RESOLUTION

PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE PROHIBITION ON LOTTERIES AND THE EXCEPTIONS TO THIS PROHIBITION, SO AS TO PROVIDE THAT A RAFFLE CONDUCTED NOT MORE THAN FOUR TIMES IN A CALENDAR YEAR BY A CHARITABLE, RELIGIOUS, COMMUNITY-SERVICE, EDUCATION-RELATED, OR FRATERNAL ORGANIZATION EXEMPT FROM FEDERAL INCOME TAXATION IN WHICH ALL RAFFLE PROCEEDS EXCEPT FOR THE COSTS OF PRIZES AND THE COSTS OF PRINTING TICKETS ARE USED EXCLUSIVELY FOR THE ORGANIZATION'S TAX EXEMPT PURPOSES IS NOT A LOTTERY PROHIBITED BY THE CONSTITUTION OF THIS STATE.

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

SECTION    1.    It is proposed that Section 7, Article XVII of the Constitution of this State be amended by adding a new paragraph at the end to read:

"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 in which all gross proceeds from the raffle less only the purchase price of the prizes and the costs of printing tickets are used for the organization's tax exempt purposes is not a lottery prohibited by this section. For purposes of this provision, all raffles occurring on one date are defined as one raffle."

SECTION    2.    The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Must Section 7, Article XVII of the Constitution of this State be amended so as to provide that 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 in which all gross proceeds from the raffle less only the purchase price of the prizes and the costs of printing tickets are used for the organization's tax exempt purposes is not a lottery prohibited by the Constitution of this State and to provide that for purposes of this provision, all raffles occurring on one date are defined as one raffle?

Yes    []

No    []

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."

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