S.C. Code § 59-150-10
Short title
This chapter may be cited as the "South Carolina Education Lottery Act".
South Carolina Code Title 59, Chapter 150 — South Carolina Education Lottery Act
South Carolina · statute · S.C. Code tit. 59, ch. 150 · 49 active provisions
S.C. Code § 59-150-20
Definitions
As used in this chapter: (1) "Administrative expenses" means operating expenses, excluding amounts set aside for prizes, regardless of whether the prizes are claimed, and excluding amounts held as a fidelity fund pursuant to Section 59-150-170. (2) "Board" means the Board of Commissioners of the South Carolina Lottery…
S.C. Code § 59-150-30
Lottery Commission created; management performance audit
(A) There is created a commission to be known as the South Carolina Lottery Commission, which is deemed to be a public commission and an instrumentality of the State. The commission and its employees are subject to the South Carolina Consolidated Procurement Code, South Carolina Administrative Procedures Act, South Car…
S.C. Code § 59-150-40
Commission board; member requirements; appointment; terms; quorum; functions and procedure; general membership restrictions
(A) The commission is governed by a board composed of nine members to be appointed as follows: three members must be appointed by the Governor, three members must be appointed by the President of the Senate, and three members must be appointed by the Speaker of the House of Representatives. (B) A member must: (1) be a…
S.C. Code § 59-150-50
Duties of the board
The board shall: (1) approve, disapprove, amend, or modify the budget recommended by the executive director for the operation of the commission; (2) approve, disapprove, amend, or modify the terms of procurements recommended by the executive director; (3) hear appeals of hearings required by this chapter; (4) promulgat…
S.C. Code § 59-150-60
Powers of the commission
(A) The commission has all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this chapter which are not in conflict with the Constitution and laws of this State and which generally are exercised by commissions engaged in entrepreneurial pursuits on behalf of the State includi…
S.C. Code § 59-150-70
Temporary regulations; initial availability of tickets; alternate use for nonwinning tickets
(A) Notwithstanding the provisions of this chapter, the commission has the authority to adopt temporary regulations to implement the provisions of this chapter, which must be consistent with the provisions of this chapter. These temporary regulations are not considered regulations as defined by the Administrative Proce…
S.C. Code § 59-150-75
Authority to enter agreements for sale of multi-state lottery products; sale of tickets and products
Notwithstanding any other provision of law, the South Carolina Lottery Commission may enter into a multi-state agreement for the sale of instant game tickets, online game tickets, and related multi- state lottery products including game shows and promotional products. Procedures for ticket sales and validation, prize r…
S.C. Code § 59-150-80
Executive director; internal auditor
(A) The board shall appoint and provide for the compensation of an executive director which must not be based upon or a function of profitability or percentage of sales. The executive director must be an employee of the commission who directs the day-to-day operations and management of the commission and is vested with…
S.C. Code § 59-150-90
Executive director, duties, and powers; prohibited campaign activities
(A) The executive director of the commission shall direct and supervise all administrative and technical activities as provided for in this chapter, regulations promulgated pursuant to the Administrative Procedures Act, and policies and procedures adopted by the board. It is the duty of the executive director to overse…
S.C. Code § 59-150-100
Commission employees; personnel program and compensation; conflicting financial interests; background investigation; criminal record of applicants; bond requirement
(A) The commission shall establish and maintain a personnel program for its employees and fix the compensation and terms of compensation of its employees. (B) An employee of the commission or an immediate family member of an employee of the commission must not have a financial interest in a lottery vendor doing busines…
S.C. Code § 59-150-110
Lottery Retailer Advisory Board
(A) The Governor shall appoint a Lottery Retailer Advisory Board to be composed of ten lottery retailers, representing the broadest possible spectrum of geographical, racial, gender, and business characteristics of a lottery retailer. The Governor also shall appoint the chairman of the advisory board. The function of t…
S.C. Code § 59-150-120
Assistance to small and minority businesses; annual report
The commission shall provide training programs and other educational activities to enable small and minority businesses to compete for contracts on an equal basis. The board shall monitor the results of small and minority business participation and shall report the results of small and minority business participation t…
S.C. Code § 59-150-130
Lottery vendors; background investigation; disclosure; vendor noncompliance; criminal record; restrictions; contingency contracts
(A) In coordination with the State Law Enforcement Division, the commission shall investigate the financial responsibility, security, and integrity of a lottery vendor who is a finalist in submitting a bid, proposal, or offer as part of a procurement. To defray a portion of the expense of this investigation, each lotte…
S.C. Code § 59-150-140
Lottery vendor performance bond; residency; public official ownership interest; resident vendor preference
(A) At the execution of the contract with the commission, a lottery vendor shall post a performance bond or letter of credit from a bank or credit provider acceptable to the commission in an amount determined by the commission for that particular bid or contract. Instead of the bond, a lottery vendor, to assure the fai…
S.C. Code § 59-150-145
Personally identifiable information exempt from nonconsensual disclosure
(A) The following information concerning a lottery prize winner is exempt from disclosure under the Freedom of Information Act (FOIA) and may not be disclosed by the commission in response to a FOIA request without express written consent initiated from the winner and unsolicited from any party listed in subsection (C)…
S.C. Code § 59-150-150
Lottery retailers; statewide network; criteria for selection; criminal background investigation
(A) The commission shall develop and maintain a statewide network of lottery retailers to serve the public convenience and promote the sale of tickets or shares and the playing of lottery games as defined in Section 59-150-20(7) while ensuring the integrity of the lottery operations, games, and activities. The commissi…
S.C. Code § 59-150-160
Transfer of lottery retailer contract; lottery goods and services contracts and ticket sales restrictions
(A) A lottery retailer contract is not transferable or assignable. A lottery retailer shall not contract with a person for lottery goods or services except with the approval of the board. (B) Lottery game tickets and shares must be sold only by the lottery retailer named on the lottery retailer certificate.
S.C. Code § 59-150-165
State and national criminal background investigation
(A) Any person required to undergo a background investigation pursuant to this chapter must undergo both a state and national criminal history background investigation as a part of the required investigation. Any person required to undergo a background investigation may be required to supply fingerprints, along with ot…
S.C. Code § 59-150-170
Fidelity fund; reserve account; lottery retailer bond; deposit of securities with commission
(A) The commission shall establish a fidelity fund separate from all other funds and shall assess each lottery retailer a one-time fee not to exceed one hundred dollars for each sales location. Monies deposited into the fund may be used to cover losses the commission may experience due to nonfeasance, misfeasance, or m…
S.C. Code § 59-150-180
Lottery retail contract; cancellation, suspension, revocation, termination; hearing; appeal bond
(A) A retail contract executed by the commission pursuant to this chapter must specify the reasons for which the contract may be canceled, suspended, revoked, or terminated by the commission including, but not be limited to: (1) a violation of this chapter, a regulation, or a policy or procedure of the commission; (2)…
S.C. Code § 59-150-190
Lottery ticket sale proceeds; retailer fiduciary duty; retailer deposit; commission priority; retailer payment
(A) All proceeds from the sale of the lottery game tickets or shares constitute a trust fund until paid to the commission either directly or through the commission's authorized collection representative. A lottery retailer and officers of a lottery retailer's business have a fiduciary duty to preserve and account for l…
S.C. Code § 59-150-200
Lottery retailer rental payments
If a lottery retailer's rental payments for the business premises are contractually computed, in whole or in part, on the basis of a percentage of retail sales and the computation of retail sales is not defined explicitly to include sales of lottery game tickets or shares in a state operated or state managed lottery, o…
S.C. Code § 59-150-210
Sales restrictions
(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…
S.C. Code § 59-150-220
Instant tickets; theft, loss, or damage
(A)(1) Upon the theft of instant tickets, a lottery retailer shall report immediately the theft to both the local law enforcement authority and to the commission's division of security. (2) If tickets are stolen before the book is activated, and no tickets within the book have been sold: (a) the lottery retailer must b…
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