South Carolina General Assembly

116th Session, 2005-2006

S. 128

STATUS INFORMATION

General Bill

Sponsors: Senators Malloy, Knotts, Elliott, Richardson and Ford

Document Path: l:\s-jud\bills\malloy\jud0044.gm.doc

Introduced in the Senate on January 11, 2005

Introduced in the House on April 27, 2005

Currently residing in the House Committee on Ways and Means

Summary: Lottery tickets permitted to be sold on primary and general election day

HISTORY OF LEGISLATIVE ACTIONS

Date Body Action Description with journal page number

12/15/2004 Senate Prefiled

12/15/2004 Senate Referred to Committee on Education

1/11/2005 Senate Introduced and read first time SJ145

1/11/2005 Senate Referred to Committee on Education SJ145

4/21/2005 Senate Committee report: Favorable Education SJ8

4/25/2005 Senate Read second time SJ13

4/26/2005 Senate Read third time and sent to House SJ13

4/27/2005 House Introduced and read first time HJ6

4/27/2005 House Referred to Committee on Ways and Means HJ6

VERSIONS OF THIS BILL

12/15/2004

4/21/2005

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

April 21, 2005

S.128

Introduced by Senators Malloy, Knotts, Elliott, Richardson and Ford

S. Printed 4/21/05--S.

Read the first time January 11, 2005.

THE COMMITTEE ON EDUCATION

To whom was referred a Bill (S.128) to amend Section 59150210, Code of Laws of South Carolina, 1976, relating to the Education Lottery Act, so as to permit the sale of lottery, etc., respectfully

REPORT:

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

JOHN E. COURSON for Committee.

STATEMENT OF ESTIMATED FISCAL IMPACT

REVENUE IMPACT 1/

This bill would generate an estimated $700,000 in additional net lottery revenue in FY05-06.

Explanation

This bill would allow the sale of lottery tickets on general and primary election days. There will be one general election in November of FY05. Based on past lottery sales data, the average
daily net proceeds are estimated to be $700,000 in November of FY05.

Approved By:

William C. Gillespie

Board of Economic Advisors

1/ This statement meets the requirement of Section 2-7-71 for a state revenue impact by the BEA, or Section 2-7-76 for a local revenue impact or Section 6-1-85(B) for an estimate of the shift in local property tax incidence by the Office of Economic Research.

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A BILL

TO AMEND SECTION 59-150-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EDUCATION LOTTERY ACT, SO AS TO PERMIT THE SALE OF LOTTERY TICKETS ON GENERAL OR PRIMARY ELECTION DAYS.

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

SECTION 1. Section 59-150-210 of the 1976 Code is amended to read:

“Section 59-150-210. (A) A person shall not sell a lottery game ticket or share at a price other than that established by the commission. A person, other than a duly certified lottery retailer, shall not sell lottery game tickets, but a person may purchase lawfully lottery game tickets or shares and make a gift of the lottery game tickets or shares to another. The commission may designate certain agents and employees to sell lottery game tickets or shares directly to the public.

(B) Lottery game tickets or shares shall not be purchased and given by merchants as a means of promoting goods or services to customers or prospective customers, except as approved in writing by the commission.

(C) A lottery retailer shall not sell a lottery game ticket or share except from the locations listed in the lottery retailer’s contract and as evidenced by the lottery retailer’s certificate of authorization unless the commission authorizes, in writing, a temporary location not listed in the lottery retailer’s contract.

(D) Lottery game tickets or shares must not be sold to persons under eighteen years of age, but a person eighteen years of age or older may purchase lawfully lottery game tickets or shares and make a gift to a person of any age. If a minor lawfully receives a winning lottery game ticket, the commission may direct payment of proceeds of a lottery prize in an amount not exceeding two thousand five hundred dollars to the parent or guardian of the minor without court approval and without appointment of a conservator. In the case of a lottery prize greater than two thousand five hundred dollars and not exceeding twentyfive thousand dollars, payment must be made in accordance with the procedures outlined in Section 625103 as they relate to distribution. In the case of a prize in an amount greater than twentyfive thousand dollars, payment must be made to a duly appointed conservator to be held for the benefit of the minor, pursuant to Section 625433.

(E) A lottery ticket or share must not be sold on the date of any general or primary election; for a lottery game other than that defined in Section 5915020(7); or for a lottery game with corporate sponsorship.

(F)(E) A lottery ticket or share must not be sold on the campus of a public institution of higher learning as defined in Section 591035.”

SECTION 2. This act takes effect upon approval by the Governor.

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