(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 resident of the State of South Carolina;
(2) not have been convicted of a felony offense or bookmaking or other form of unlawful gambling. A background investigation must be conducted on each board nominee. The commission shall pay for the cost of the investigation and may contract with the State Law Enforcement Division (SLED) or appropriate federal agency for the performance of the investigation;
(3) meet the qualifications for electors as provided in Section 7-5-120; and
(4) not have been an elected public official, as provided in Section 24, Article III of the Constitution of this State and Section 2-1-100, for at least one year before appointment.
(C) In making appointments to the board, the Governor, the President of the Senate, and the Speaker of the House of Representatives, as appropriate, shall consider legal, financial, accounting, and marketing experience and race, gender, and other demographic factors to ensure nondiscrimination, inclusion, and representation of all segments of the State to the greatest extent possible.
(D) The members shall serve terms of three years, except that of the initial appointments the Governor shall appoint two members, each to serve a two-year term, and one member to serve a four-year term; the Speaker of the House of Representatives shall appoint three members, each to serve a two-year term, coterminous with the Speaker; and the President of the Senate shall appoint three members, each to serve an initial four-year term. A vacancy that occurs on the board must be filled by appointment by the Governor, the President of the Senate, or the Speaker of the House of Representatives, as appropriate, for the remainder of the unexpired term.
(E) A member shall not serve on the board if he is an officer or employee of the commission or if he has an immediate family member employed by the commission.
(F) A member of the board may receive per diem, subsistence, and mileage at the rate provided by law for members of state boards, committees, and commissions.
(G) The board shall elect from their membership officers of the board, including the chair.
(H) The board may delegate to any one or more of its members or to the executive director of the commission those powers and duties it considers proper.
(I) A majority of members in office or at least five members, whichever is greater, constitutes a quorum for the transaction of business and for the exercise of a power or function of the commission.
(J) Action may be taken and motions and resolutions adopted by the board at a board meeting by affirmative vote of a majority of present and voting board members. This subsection does not relieve the board from the requirements of the South Carolina Freedom of Information Act.
(K) A vacancy in the membership of the board does not impair the right of the members to exercise all the powers and perform all the duties of the board.
(L) A member of the board shall not contribute to or make independent expenditures relative to the campaign of a candidate for the General Assembly or a statewide constitutional office; to a political party, as defined in Section 8-13-1300(26); or to a committee, as defined in Section 8-13-1300(6). A member of the board who violates this section must be summarily dismissed.
(M) A member is appointed to the board for a term and may be removed from the board before the expiration of his term only as provided in Section 1-3-240(C).
HISTORY: 2001 Act No. 59, Section 2; 2019 Act No. 1 (S.2), Sections 70 to 72, eff January 31, 2019.
Effect of Amendment
2019 Act No. 1, Section 70, in (A), substituted "President of the Senate" for "President Pro Tempore of the Senate".
2019 Act No. 1, Section 71, in (C), substituted "President of the Senate" for "President Pro Tempore of the Senate".
2019 Act No. 1, Section 72, in (D), in the first and second sentences, substituted "President of the Senate" for "President Pro Tempore of the Senate".
Structure South Carolina Code of Laws
Chapter 150 - South Carolina Education Lottery Act
Section 59-150-10. Short title.
Section 59-150-20. Definitions.
Section 59-150-30. Lottery Commission created; management performance audit.
Section 59-150-50. Duties of the board.
Section 59-150-60. Powers of the commission.
Section 59-150-80. Executive director; internal auditor.
Section 59-150-90. Executive director, duties, and powers; prohibited campaign activities.
Section 59-150-110. Lottery Retailer Advisory Board.
Section 59-150-120. Assistance to small and minority businesses; annual report.
Section 59-150-165. State and national criminal background investigation.
Section 59-150-200. Lottery retailer rental payments.
Section 59-150-210. Sales restrictions.
Section 59-150-220. Instant tickets; theft, loss, or damage.
Section 59-150-230. Lottery prizes.
Section 59-150-270. False statements to commission, false entries in records.
Section 59-150-290. Compliance with Consolidated Procurement Code.
Section 59-150-300. Review board actions.
Section 59-150-320. Lottery finances.
Section 59-150-325. Education Lottery Oversight Committee.
Section 59-150-330. Set off of certain debts against prizes; definitions; remedies.
Section 59-150-340. Education Lottery Account.
Section 59-150-350. Education Lottery Account management.
Section 59-150-355. Education lottery appropriations and uses.
Section 59-150-356. Use of Education Lottery funds for technology.
Section 59-150-365. South Carolina Workforce Industry Needs Scholarship.
Section 59-150-370. HOPE Scholarships; eligibility; administration; reporting requirement.
Section 59-150-375. Scholarships for visual or hearing impaired or multi-handicapped students.
Section 59-150-380. Educational Lottery Teaching Scholarship Grants Program.
Section 59-150-390. Primary and secondary technology funding.