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A102, R17, S239
Sponsors: Senators Cleary, Davis, L. Martin, Campbell, Cromer, Setzler, Ford and Campsen
Document Path: l:\s-jud\bills\cleary\jud0034.kw.docx
Companion/Similar bill(s): 3457
Introduced in the Senate on January 16, 2013
Introduced in the House on February 21, 2013
Passed by the General Assembly on April 10, 2013
Governor's Action: No signature required
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 1/16/2013 Senate Introduced and read first time (Senate Journal-page 12) 1/16/2013 Senate Referred to Committee on Judiciary (Senate Journal-page 12) 1/18/2013 Senate Referred to Subcommittee: Rankin (ch), Hutto, Bennett 2/13/2013 Senate Committee report: Favorable Judiciary (Senate Journal-page 10) 2/14/2013 Scrivener's error corrected 2/14/2013 Senate Read second time (Senate Journal-page 31) 2/14/2013 Senate Roll call Ayes-38 Nays-1 (Senate Journal-page 31) 2/20/2013 Senate Read third time and sent to House (Senate Journal-page 34) 2/21/2013 House Introduced and read first time (House Journal-page 11) 2/21/2013 House Referred to Committee on Judiciary (House Journal-page 11) 3/20/2013 House Committee report: Favorable Judiciary (House Journal-page 46) 4/9/2013 House Read second time (House Journal-page 42) 4/9/2013 House Roll call Yeas-104 Nays-6 (House Journal-page 42) 4/10/2013 House Read third time and enrolled (House Journal-page 11) 4/18/2013 Ratified R 17 4/23/2013 No signature required 4/29/2013 Effective date 04/18/13 8/13/2013 Act No. 102
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
(A102, R17, S239)
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 THE GENERAL ASSEMBLY MAY AUTHORIZE RAFFLES TO BE OPERATED AND CONDUCTED BY RELIGIOUS, CHARITABLE, OR NONPROFIT ORGANIZATIONS FOR RELIGIOUS, CHARITABLE, OR ELEEMOSYNARY PURPOSES, AND BY GENERAL LAW MUST DEFINE THE TYPE OF ORGANIZATION AUTHORIZED TO CONDUCT RAFFLES, PROVIDE THE STANDARDS FOR THEIR CONDUCT AND MANAGEMENT, PROVIDE PENALTIES FOR VIOLATIONS, AND PROVIDE FOR ANY OTHER LAW NECESSARY TO ENSURE THE PROPER FUNCTIONING, HONESTY, INTEGRITY, AND CHARITABLE PURPOSES FOR WHICH THE RAFFLES ARE CONDUCTED.
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 to read as follows:
"Section 7. Only the State may conduct lotteries, and these lotteries must be conducted in the manner that the General Assembly provides by law. The revenue derived from the lotteries must first be used to pay all operating expenses and prizes for the lotteries. The remaining lottery revenues must be credited to a separate fund in the state treasury styled the 'Education Lottery Account', and the earnings on this account must be credited to it. Education Lottery Account proceeds may be used only for education purposes as the General Assembly provides by law.
The game of bingo, when conducted by charitable, religious, or fraternal organizations exempt from federal income taxation or when conducted at recognized annual state and county fairs, is not considered a lottery prohibited by this section.
A raffle, if provided for by general law and conducted by a nonprofit organization for charitable, religious, fraternal, educational, or other eleemosynary purposes is not a lottery prohibited by this section. The general law must define the type of nonprofit organization authorized to operate and conduct a raffle, provide standards for the operation and conduct of raffles, provide for the use of proceeds for religious, charitable, fraternal, educational, or other eleemosynary purposes, provide penalties for violations, and provide for other laws necessary to ensure the proper functioning, honesty, and integrity of the raffles. If no general law on the conduct and operation of a nonprofit raffle for charitable purposes, including the type of organization allowed to conduct raffles, is enacted, then the raffle is a lottery prohibited by this section."
Submission of amendment to qualified electors
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 is not a lottery prohibited by this section, if the raffle is conducted by a nonprofit organization for charitable, religious, fraternal, educational, or other eleemosynary purposes, and the general law defines the type of organization authorized to operate and conduct the raffles, provides standards for the operation and conduct of the raffles, provides for the use of proceeds for charitable, religious, fraternal, educational, or other eleemosynary purposes, provides penalties for violations, and provides for other laws necessary to ensure the proper functioning, honesty, and integrity of the raffles, but in the absence of any general law, then the raffle remains a prohibited lottery?
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'."
Ratified the 18th day of April, 2013.
This web page was last updated on November 15, 2013 at 2:27 PM