2005-2006 Bill 3621: Raffles by Charitable Organizations - South Carolina Legislature Online

South Carolina General Assembly

116th Session, 2005-2006

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 HJ48

2/23/2005 House Referred to Committee on Judiciary HJ48

4/19/2005 House Committee report: Favorable with amendment Judiciary HJ61

4/26/2005 House Amended HJ111

4/26/2005 House Read second time HJ115

4/26/2005 House Roll call Yeas87 Nays11 HJ115

4/27/2005 House Read third time and sent to Senate HJ24

4/28/2005 Senate Introduced and read first time SJ12

4/28/2005 Senate Referred to Committee on Judiciary SJ12

5/9/2005 Senate Referred to Subcommittee: Gregory (ch), Elliott, Anderson, Ritchie, Cleary

5/17/2006 Senate Committee report: Favorable with amendment Judiciary SJ8

5/18/2006 Scrivener's error corrected

VERSIONS OF THIS BILL

2/23/2005

4/19/2005

4/26/2005

5/17/2006

5/18/2006

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 p

No p

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.

[3621-1]

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, COMMUNITYSERVICE, 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, communityservice, educationrelated, 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.”

“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, communityservice, educationrelated, 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 p

No p

[3621] 2