S 0002 Joint Resolution, By Passailaigue, Elliott, Ford, Land, McConnell, 
T.W. Mitchell and Waldrep
 A Joint Resolution proposing an amendment to Section 7, Article XVII of the
 Constitution of South Carolina, 1895, relating to lotteries, so as to
 authorize lotteries conducted only by the State and to provide that a portion
 of the revenue derived from the lotteries be used for the purpose of providing
 post secondary educational scholarships to eligible students and reducing or
 eliminating ad valorem tax millage levied on a legal residence for the
 operating budget of each school district.

   09/19/94  Senate Prefiled
   09/19/94  Senate Referred to Committee on Finance
   01/10/95  Senate Introduced and read first time SJ-9
   01/10/95  Senate Referred to Committee on Finance SJ-9
   04/27/95  Senate Recalled from Committee on Finance SJ-59
   01/24/96  Senate Recommitted to Committee on Finance SJ-16

RECALLED

April 27, 1995

S. 2

Introduced by SENATORS Passailaigue, McConnell, Ford, Land, Mitchell, Waldrep and Elliott

S. Printed 4/27/95--S.

Read the first time January 10, 1995.

This joint resolution provides for a constitutional amendment to allow the state to conduct lotteries. Legislation would be required to enact, regulate and administer a lottery.

Approved By:

A. Crawford Clarkson, Jr.

S.C. Department of Revenue

A JOINT RESOLUTION

PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO LOTTERIES, SO AS TO AUTHORIZE LOTTERIES CONDUCTED ONLY BY THE STATE AND TO PROVIDE THAT A PORTION OF THE REVENUE DERIVED FROM THE LOTTERIES BE USED FOR THE PURPOSE OF PROVIDING POST SECONDARY EDUCATIONAL SCHOLARSHIPS TO ELIGIBLE STUDENTS AND REDUCING OR ELIMINATING THE AD VALOREM TAX MILLAGE LEVIED ON A LEGAL RESIDENCE FOR THE OPERATING BUDGET OF EACH SCHOOL DISTRICT.

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:

"Section 7. Except when conducted by the State, No no lottery shall ever be is allowed or may be advertised by newspapers, or otherwise, or its tickets be sold in this State. Only the State may conduct lotteries as provided for by the General Assembly.

The revenues actually collected during a fiscal year from an authorized state lottery must be paid into a State Lottery Fund which shall be separate and distinct from the general fund of the State with all deposits to the State Lottery Fund to be invested by the State Treasurer with interest earned remaining a part of the fund. No more than seven percent of the gross revenues each year may be used for operational expenses of all state lotteries, and of the net revenue remaining after payment of operational expenses, fifty percent must be expended in prizes. The remaining revenues, including interest, each year must be credited in equal amounts to a post secondary education account and a property tax reduction account within the State Lottery Fund. Revenue accruing in the post secondary educational scholarship account must be used to provide post secondary educational scholarships to eligible students and revenue accruing in the property tax reduction account must be used to reduce or eliminate, on a pro rata basis, the ad valorem tax millage levied for the operating budget of each school district on a legal residence, assessed at four percent of the fair market value of such property. Revenue and interest accruing in the post secondary scholarship and property tax reduction accounts of the State Lottery Fund may only be expended for the purpose described herein in the second fiscal year following the fiscal year in which the lottery begins operation and generates revenues. Expenditures from the post secondary educational scholarship and property tax reduction accounts may only be made from revenues generated and credited in the fiscal year preceding the fiscal year in which the expenditures are made.

The game of bingo, when conducted by charitable, religious, or fraternal organizations exempt from federal income taxation or when conducted at recognized annual State state and county fairs, shall is not be deemed considered a lottery prohibited by this section.

The General Assembly shall provide by statute for the implementation of this section, including a provision which allows for the retention of funds from one fiscal year to subsequent fiscal years in the State Lottery Fund to ensure that sufficient monies are available to provide for a proper phase-in of the scholarship program and property tax reduction program."

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:

"Shall Section 7, Article XVII of the Constitution of this State be amended so as to authorize lotteries to be conducted only by the State as provided for by the General Assembly with the revenues each year paid into a State Lottery Fund and apportioned as follows:

(1) Fifty percent of the net revenues must be expended in prizes.

(2) No more than seven percent of the gross revenues may be used for operational expenses of the state lottery.

(3) The remaining revenues must be used as follows:

(a) to provide post secondary educational scholarships to eligible students; and

(b) to reduce or eliminate, on a pro rata basis, the ad valorem tax millage on a legal residence, assessed at four percent of the fair market value of such property, levied for the operating budget of each school district.

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'."