S 0790 General Bill, By Short, Richardson, Hayes, Elliott and Ford
 A BILL TO AMEND SECTION 59-150-150, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO LOTTERY RETAILERS AND SECTION 59-150-210, RELATING TO THE SALE OF
 LOTTERY TICKETS OR SHARES, BOTH SO AS TO PROHIBIT THE SALE OF A LOTTERY TICKET
 OR SHARE BY A RETAILER OR ON THE PREMISES OF A PERSON OR BUSINESS ENTITY THAT
 IS ENGAGED IN THE BUSINESS OF MAKING CONSUMER LOANS OF ANY KIND.

   12/12/01  Senate Prefiled
   12/12/01  Senate Referred to Committee on Judiciary
   01/08/02  Senate Introduced and read first time SJ-27
   01/08/02  Senate Referred to Committee on Judiciary SJ-27
   01/23/02  Senate Committee report: Majority favorable, minority
                     unfavorable Judiciary SJ-19
   05/29/02  Senate Recommitted to Committee on Judiciary SJ-145

January 23, 2002

    S. 790

S. Printed 1/23/02--S.

Read the first time January 8, 2002.

    To whom was referred a Bill (S. 790) to amend Section 59-150-150, Code of Laws of South Carolina, 1976, relating to lottery retailers and Section 59-150-210, relating to the sale of lottery tickets, etc., respectfully

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

Majority favorable.    Minority unfavorable.

WILLIAM MESCHER    C. BRADLEY HUTTO

For Majority.    For Minority.

REVENUE IMPACT 1/

    This bill in not expected to have an impact on South Carolina lottery revenues.

Explanation

    This bill prohibits any type of business that is involved in making consumer loans of any kind from selling lottery tickets. The bill includes the following businesses as being prohibited: lenders of consumer loans, loan brokers, mortgage loan brokers, lenders based on deferred presentment, lenders based on the security of a motor vehicle title, and pawnbrokers. Deferred presentment businesses are already prohibited from lottery sales in the South Carolina Lottery Act. Currently, pawnbrokers are the only type of consumer loan business that is a licensed lottery retailer. As of December 31, 2001, twenty-eight of the three thousand plus South Carolina licensed lottery retailers were pawnbroker businesses. In the Kentucky lottery, there are approximately thirty pawnbrokers that act as lottery retailers. These types of businesses in Kentucky are considered to be trivial in terms of generating lottery sales when compared to other retailers in the state. In addition, lottery players will buy lottery tickets from one of the other many lottery retail locations if not permitted to buy tickets from pawnbrokers. Due to these circumstances, South Carolina lottery revenues are not expected be effected.

    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, Section 2-7-76 for a local revenue impact, and Section 6-1-85(B) for an estimate of the shift in local property tax incidence.

TO AMEND SECTION 59-150-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOTTERY RETAILERS AND SECTION 59-150-210, RELATING TO THE SALE OF LOTTERY TICKETS OR SHARES, BOTH SO AS TO PROHIBIT THE SALE OF A LOTTERY TICKET OR SHARE BY A RETAILER OR ON THE PREMISES OF A PERSON OR BUSINESS ENTITY THAT IS ENGAGED IN THE BUSINESS OF MAKING CONSUMER LOANS OF ANY KIND.

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

SECTION    1.    Section 59-150-150(B)(2) of the 1976 Code, as added by Act 59 of 2001, is amended by adding an appropriately numbered subitem at the end to read:

    "( )    is in the business of making consumer loans of any kind. This prohibition applies to all the following persons and business entities, and their assignees:

        (a)    lender of consumer loans, as defined in Section 37-3-102, including a supervised lender as defined in Section 37-3-501(2) and a restricted lender as defined in Section 37-3-501(4) and as licensed pursuant to Chapter 29 of Title 34;

        (b)    loan broker, as regulated in Chapter 36 of Title 34 and not otherwise regulated, and mortgage loan broker, as defined in Section 40-58-20(3);

        (c)    lender of consumer loans based on deferred presentment, as regulated in Chapter 39 of Title 34;

        (d)    pawnbroker, as regulated by Chapter 39 of Title 40; and

        (e)    lender of consumer loans on the security of a motor vehicle certificate of title."

SECTION    2.    Section 59-150-210 of the 1976 Code, as added by Act 59 of 2001, is amended by adding an appropriately numbered subsection at the end to read:

    "( )    A lottery ticket or share must not be sold on the premises of a person or business entity that is in the business of making consumer loans of any kind. This prohibition applies to all the following persons and business entities, and their assignees:

        (1)    lender of consumer loans, as defined in Section 37-3-102, including a supervised lender as defined in Section 37-3-501(2) and a restricted lender as defined in Section 37-3-501(4) and as licensed pursuant to Chapter 29 of Title 34;

        (2)    loan broker, as regulated in Chapter 36 of Title 34 and not otherwise regulated, and mortgage loan broker, as defined in Section 40-58-20(3);

        (3)    lender of consumer loans based on deferred presentment, as regulated in Chapter 39 of Title 34;

        (4)    pawnbroker, as regulated by Chapter 39 of Title 40; and

        (5)    lender of consumer loans on the security of a motor vehicle certificate of title."

SECTION    3.    This act takes effect upon approval by the Governor.