South Carolina General Assembly
114th Session, 2001-2002

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Bill 790


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                      790
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  20020108
Primary Sponsor:                  Short
All Sponsors:                     Short, Richardson, Hayes, Elliott, Ford
Drafted Document Number:          l:\council\bills\dka\4608mm02.doc
Residing Body:                    Senate
Current Committee:                Judiciary Committee 11 SJ
Subject:                          Lottery tickets, sale of prohibited by 
                                  consumer loan businesses


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
Senate  20020529  Recommitted to Committee               11 SJ
Senate  20020123  Committee report: majority             11 SJ
                  favorable, minority unfavorable
Senate  20020108  Introduced, read first time,           11 SJ
                  referred to Committee
Senate  20011212  Prefiled, referred to Committee        11 SJ


              Versions of This Bill
Revised on January 23, 2002 - Word format

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

COMMITTEE REPORT

January 23, 2002

    S. 790

Introduced by Senators Short, Richardson, Hayes, Elliott and Ford

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

Read the first time January 8, 2002.

            

THE COMMITTEE ON JUDICIARY

    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

REPORT:

    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.

            

STATEMENT OF ESTIMATED FISCAL IMPACT

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.

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.

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.

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