COLUMBIA - The S.C. Education Lottery
could withdraw from the Powerball game or could see millions
diverted from education if the General Assembly goes along with a
plan by Gov. Mark Sanford to apply the 5 percent state sales tax to
lottery tickets, lottery officials said.
Lottery commission members met Tuesday to discuss the potential
impact of Sanford's proposal, which is one part of the governor's
plan to stimulate the state's economy.
Under the plan, Sanford would apply the state sales tax to
lottery tickets, which currently are not taxed. Sanford also would
increase the tax on a pack of cigarettes to 68 cents, the national
average. The state's 7-cent tax is fourth-lowest in the nation. The
expected $222 million in new tax money would cover a 15 percent
reduction in income tax revenue.
Lottery tickets should be taxed like other goods, Sanford
said.
"My point being, it's treated consistent with the way we treat
everything else in the marketplace, including, among other things, a
gallon of milk for your child," he said.
The governor's plan takes the income tax, which is "the one tax
most damaging to economic development and cuts it, and balances it
with consumption-based choice taxes," said Sanford spokesman Will
Folks. "If folks have jobs, they'll have more money to spend on
whatever they choose."
The legislature could decide to add the sales tax to the $1
tickets, bringing the price to $1.05. Lawmakers also could elect to
lower the price of the ticket to 95 cents and then apply the tax,
bringing it to an even $1.
The Canadian province of Saskatchewan added a tax to its lottery
tickets, which resulted in 13 percent decrease in sales. It was
repealed in four months, lottery Executive Director Ernie
Passailaigue said.
The bylaws governing the multistate Powerball game prohibit
states from adding a tax that makes ticket prices more than $1.
However, states participating in Powerball can lower the price of
the ticket to add a tax. Minnesota does that.
The South Carolina Education Lottery could ask for a waiver from
the Multi State Lottery Association that oversees Powerball, lower
the ticket price or withdraw from the group and the game.
The last option could be painful for the state, Passailaigue
said. The state lottery is a $900 million business, and Powerball
accounts for a third of its sales, he said.
Lottery officials also are concerned that a tax on lottery
tickets would dampen sales and reduce the amount of education
funding.
Profits from the lottery pay for college scholarships, K-12
programs and school buses, among other things. Passailaigue
estimates that sales would fall 13.7 percent, resulting in a $70
million decrease in transfers to the Education Trust Fund.
The proposal to tax lottery tickets "severely jeopardizes funding
put into college scholarships and K-12 programs and does it in a
year where the budget is already complicated enough," said state
Rep. Joel Lourie, D-Richland.
But House Ways and Means Chairman Bobby Harrell, R-Charleston,
said he doesn't think the sales tax is high enough to turn players
away.
Still, both Harrell and Lourie agree that the proposal to tax
lottery tickets raises a constitutional question about where lottery
proceeds go. State law requires all lottery proceeds go toward
education. Harrell said there is a question of whether Sanford's
plan would work as proposed, or whether lawmakers would have to
change the Constitution to allow it.