A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 59-150-70, RELATING TO TEMPORARY REGULATIONS OF THE SOUTH CAROLINA EDUCATION LOTTERY, INITIAL AVAILABILITY OF TICKETS, AND ALTERNATE USE FOR NONWINNING TICKETS, SO AS TO ALLOW PAYMENT BY DEBIT CARD; AND BY ADDING SECTION 59-150-145 SO AS TO EXEMPT CERTAIN PERSONALLY IDENTIFIABLE INFORMATION CONCERNING LOTTERY CLAIMS FROM NONCONSENSUAL DISCLOSURE OR RELEASE UNDER THE FREEDOM OF INFORMATION ACT, TO PROVIDE THE LOTTERY COMMISSION MAY DISCLOSE CERTAIN INFORMATION CONCERNING LOTTERY CLAIMS WITHOUT CONSENT, AND TO PROVIDE AN EXCEPTION FOR PARTICIPANTS IN CERTAIN PROMOTIONS.

 

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

 

SECTION 1.  Section 59-150-70(D) of the S.C. Code is amended to read:

 

    (D) In accordance with the Administrative Procedures Act, the board may promulgate regulations which must specify, but are not limited to:

       (1) categories of lottery games as described in Section 59-150-20(7). The lottery games may include the selling of lottery game tickets or shares or the use of electronic or mechanical devices, except those electronic or mechanical devices prohibited by Section 59-150-20(7), and except that the game or activity in which the winner is selected must not be based upon the outcome of a football, basketball, baseball, or similar game or sports event;

       (2) sale price of lottery game tickets or shares and the manner of sale except that all sales must be for cash or debit card payment only. Payment by checks, credit cards, charge cards, or other form of deferred payment and payment by debit card are prohibited;

       (3) number and amount of prizes;

       (4) method and location of selecting or validating winning lottery game tickets or shares;

       (5) manner and time of payment of prizes, which may include lump sum payments or installments over a period of years;

       (6) manner of payment of prizes by a lottery retailer to the holders of a winning lottery game ticket or share including, without limitation, provision for payment of prizes not exceeding six hundred dollars after deducting the price of the lottery game ticket or share and after performing validation procedures appropriate to the game and as specified by the board;  the board may provide for a limited number of retailers who may pay prizes of up to five thousand dollars after performing validation procedures appropriate to the game and as specified by the board without regard to where the lottery game ticket or share was purchased;

       (7) frequency of lottery games and drawings or selection of winning lottery game tickets or shares;

       (8) means of conducting drawings, except that an elected or appointed official, other than the members of the board or its designee, must not preside or appear at a drawing;

       (9) method to be used in selling lottery game tickets or shares, which may include the use of electronic or mechanical devices, but the devices must be placed on the premises of the lottery retailer in a location which is only accessible to the lottery retailer or his employees;

       (10) manner and amount of compensation to a lottery retailer within the limits of this chapter;  and

       (11) other matters necessary or desirable toward ensuring the efficient and effective operation of lottery games as defined in Section 59-150-20(7), the continued entertainment and convenience of the public, and the integrity of the lottery.

 

SECTION 2.  Chapter 150, Title 59 of the S.C. Code is amended by adding:

 

    Section 59-150-145.  (A) Notwithstanding any other provision of law, the following information concerning a lottery prize winner may not be disclosed by the commission without express written consent initiated from the winner and unsolicited from any party listed in subsection (C):

       (1) the name, address, telephone numbers, birth date, and social security number of the winner; and

       (2) copies of any forms of identification provided by the winner to the commission.

    (B) The commission may release the date of the claim and draw, game played, prize amount, retailer location where the winning ticket was sold, and name of the town where the winner resided at the time of the claim.

    (C) The commission, its contractors, or other governmental entities with whom winner information is shared may not release the information listed in subsection (A) to a third party with the exception of disclosure of information for legitimate government purposes.

    (D) In accordance with the rules of certain promotions designated by the commission, implied consent to the disclosure of name and likeness may be required, in addition to information listed in subsection (B), as a condition of entry in the promotion.

    (E) Nothing in this section prohibits a lottery prize winner from authorizing and consenting to limited disclosure of their likeness or hometown for the sole purpose of lottery marketing purposes.

 

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

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