Printed Page 2270, Apr. 17
| Printed Page 2290, Apr. 17
|
Printed Page 2270, Apr. 17
| Printed Page 2290, Apr. 17
| /(1) Bingo is played by more than one player and a caller who is associated with the house. Each player must pay no more than face value for each card to be played during the course of a game and may purchase the card for a specified number of games. After the player has purchased a card or cards for a specified number of games, the house cannot require or accept an additional payment or consideration by the player in order to complete the specified number of games.
(3) The prize must be awarded to the winner of that game without delay. For multiple winners, the prize must be divided equally among the winners. In the case of a merchandise prize, the cash value of the merchandise may be divided among the winners. Purchase receipts of merchandise awarded as prizes must be made available to players and the department for confirmation of value./
Amend further, page 8, by striking Section 12-21-4000(12) and inserting:
/(12) (a) At least fifty percent of the gross proceeds of the sale of bingo cards taken in by the house during a single session must be returned to the players in the form of prizes. However, with respect to fair licenses, this requirement must be met during the course of the fair.
(b) A bingo operation may take in only two times more in gross proceeds than the prize for that session. Amounts in excess of this limit are subject to a tax, in addition to any other bingo license taxes and fees equal to the amount of the excess. These excess proceeds tax must be remitted to the department on the organization's quarterly bingo report and distributed as provided in Section 12-21-4190. Failure to remit this excess proceeds tax to the department shall result in immediate suspension of both the promoter's license and the organization's license. The department, after a conference with the promoter and organization, may permanently revoke the license of the promoter or the nonprofit organization, or both. If permanently revoked, the promoter, nonprofit organization, or any partner or member of the organization may no longer manage, conduct, or assist in any manner with a bingo operation in this State./
Amend further, beginning on page 8, by striking Section 12-21-4020 and inserting:
/Section 12-21-4020. The following are the classes of bingo licenses:
(1) CLASS AA: An organization operating a bingo game offering prizes with a minimum payout of fifty thousand dollars a session shall obtain a Class AA bingo license at a cost of four thousand dollars. The prizes offered at any one session may not exceed two hundred fifty
(2) CLASS B: An organization operating a bingo game offering prizes, which do not exceed twelve thousand dollars a session, shall obtain a Class B bingo license at a cost of one thousand dollars. The holder of a Class B license may not conduct more than three bingo sessions a week.
(3) CLASS C: An organization operating a bingo game and offering prizes of twenty dollars or less a game during a single session shall obtain a Class C bingo license at no cost. However, the organization may offer a prize in cash or merchandise of no more than one hundred fifty dollars for six jackpot games a session.
(4) CLASS D: A person, organization, or corporation desiring to conduct a bingo game at a fair as defined in Section 12-21-3920 and who offers prizes for each game of no more than fifty dollars in merchandise shall obtain only a temporary Class D bingo license at a cost of one hundred dollars for not more than ten days or two hundred dollars for more than ten days.
(5) CLASS E: An organization which has a game of bingo and operates exclusively by bona fide members who are residents of this State and who do so on a strictly volunteer basis and whose gross bingo proceeds do not exceed thirty thousand dollars a calendar quarter, and where prizes do not exceed four thousand dollars a session shall obtain a Class E license from the department at a cost of five hundred dollars. If the gross bingo proceeds for any calendar quarter exceed thirty thousand dollars, the person or organization within ten days is required to obtain a Class B license from the department and comply with all requirements of a Class B license. The holder of a Class E license may not conduct more than one bingo session a week./
Amend further, page 9, by striking Section 12-21-4030 and inserting:
/Section 12-21-4030. (A) A promoter or organization may not impose a charge, other than as provided in subsection (B), on a player other than at least the face value of each card sold to play bingo.
(B) (1) A holder of a Class AA license shall impose an entrance fee of eighteen dollars;
(2) A holder of a Class B and Class E license shall impose an entrance fee of five dollars.
(3) A holder of a Class D license may impose a five dollar entrance fee. The entrance fees collected are not required to be remitted as taxes and are not included in gross proceeds for purposes of the prize limitations provided in Section 12-21-4000(12)(a)./
/(A) Upon completion of the session, the promoter shall deliver to the representative member of the organization the gross proceeds from the session less the amount paid out as prizes and collected as entrance fees./
Amend further, page 11, by striking Section 12-21-4090(J) and inserting:
/(J) A licensed organization that has stopped conducting bingo and has unexpended bingo funds shall disburse those funds to a charitable purpose of other purposes for which the organization was established within one year after the date it ceases to conduct bingo. However, unexpended funds to be used for a building fund may be retained for this purpose. The organization shall file a report with the department showing the establishment of a building fund, the amount of money from the special account to be retained for that purpose, and other information the department may consider necessary. If the organization is identified as a fictitious charity after originally licensed, any payments due the charity revert to the general fund./
Amend further, beginning on page 11, by striking Section 12-21-4100(A) and inserting:
/(A) Each licensed nonprofit organization conducting bingo games shall submit quarterly to the department on the last day of the month following the close of the calendar quarter a report under oath containing the following information:
(1) the amount of the gross proceeds derived from the games;
(2) each item of expense incurred or paid;
(3) each item of an expenditure made or to be made, with a detailed description of the merchandise purchased or the services rendered;
(4) the net proceeds derived from the games;
(5) the use to which the proceeds have been or are to be applied;
(6) a list of prizes offered and given, with their respective values;
(7) excess proceeds as provided in Section 12-21-4000(12)(b);
(8) number of players at each session;
(9) other information considered necessary by the department./
Amend further, page 12, by striking Section 12-21-4140 and inserting:
/Section 12-21-4140. A penalty of up to five thousand dollars and revocation of the license at the discretion of the department may be imposed for a violation of this article. Each violation and each day in violation of a provision of this article constitutes a separate offense./
Amend further, page 13, by striking Section 12-21-4190 and inserting:
(1) twenty-six percent of the revenue must be distributed to the sponsoring charity for which the bingo cards were purchased. The department shall make the distribution to the sponsoring charity by the last day of the next month following the month the revenue was collected. Distributions under this subsection must be reduced by any delinquent debts as defined in the Setoff Debt Collection Act;
(2) seventy-four percent pursuant to Section 12-21-4200./
Amend further, beginning on page 13, by striking Section 12-21-4200 and inserting:
/Section 12-21-4200. The first nine hundred forty eight thousand dollars of the total revenues derived from the provisions of this article which is collected from bingo within this State must be deposited monthly in twelve equal amounts into an account in the Office of the State Treasurer and called "Division On Aging Senior Citizen Centers Permanent Improvement Fund". All interest earned on monies in the Division on Aging Senior Citizen Centers Permanent Improvement Fund must be credited to this fund. Of the remaining revenue:
(1) Seven and five one-hundredths percent of the annual revenue derived from the provisions of Section 12-21-4190(2) must be deposited with the State Treasurer to be credited to the account of the Division on Aging, Office of the Governor. This amount must be allocated to each county for distribution in home community services for the elderly as follows:
(a) One-half of the funds must be divided equally among the forty-six counties.
(b) The remaining one-half must be divided based on the percentage of the county's population age sixty and above in relation to the total state population using the latest report of the United States Bureau of the Census.
The aging service providers receiving these funds must be agencies recognized by the Division on Aging of the Office of the Governor and the area agencies on aging.
(2) Twenty and eight-tenths percent of the annual revenue derived from the provisions of Section 12-21-4190(2) must be deposited by the State Treasurer in a separate fund for the Department of Parks, Recreation and Tourism entitled the Parks and Recreation Development Fund. Interest earned by this fund must be added to it and credited to its various
(3) Seventy-two and fifteen one-hundredths percent of the annual revenue derived from the provisions of Section 12-21-4190(2) must be deposited with the State Treasurer and credited to the general fund./
Amend further, page 14, by striking Section 12-21-4210 and inserting:
/Section 12-21-4210. Bingo cards may not be sold or transferred between licensed organizations, between distributors, or between manufacturers. All unused bingo cards may be returned to the department for refund and destruction. The department is required to refund only the amount retained by the department previously based on the face value of each card and does not include the manufacturer's price or transportation charges to the consignee at destination and such additional charges./
Amend further, page 15, by striking Section 12-21-4270 and inserting:
/Section 12-21-4270. Each licensed nonprofit organization or promoter, in the name of a licensed organization, may obtain bingo cards approved by the department by making application and remitting sixteen and one-half percent of the total face value of the cards to be purchased. Payment to the State for the issuance of bingo cards must be made by certified check within fifteen days of receipt of the application. Upon receipt of the application, the department shall notify a licensed distributor, who has purchased bingo cards from a licensed manufacturer that the licensed distributor may release the face value of the bingo cards requested to the licensed organization or promoter. However, no additional bingo cards must be released until payment is received for the prior application of bingo cards. The department is required to set forth procedures to ensure that there is a crosscheck between manufacturers, distributors, and licensed nonprofit organizations or promoters. A quarterly return is required by each manufacturer, distributor, and licensed nonprofit organization or promoter on or before the last day of the month following the close of the calendar quarter outlining those items the department determines necessary to verify the sale and distribution of bingo cards. The sale of bingo cards and entrance fees provided by Section 12-21-4030 are not subject to the admissions tax provided by Section 12-21-2420./
Amend further, by striking SECTIONS 3 and 4 in their entirety./
Amend title to conform.
Rep. CARNELL continued speaking.
The amendment was then adopted.
Rep. SEITHEL proposed the following Amendment No. 2 (Doc Name P:\amend\BBM\10776JM.96), which was adopted.
Amend the Committee Report, as and if amended, page 4557-3, by striking lines 34 through 37 and inserting:
/(A) Upon completion of the session, the promoter shall deliver to the representative member of the organization the gross proceeds from the session less the amount paid out as prizes./
Amend title to conform.
Rep. SEITHEL explained the amendment.
The amendment was then adopted.
Rep. RICHARDSON proposed the following Amendment No. 3 (Doc Name P:\amend\DKA\3678DW.96), which was tabled.
Amend the report of the Committee on Ways and Means, as and if amended, page [4557-4], Section 12-21-4190, line 37, by deleting /sixteen and one-half/ and inserting / twenty-three and one-half /; line 40, by deleting /twenty-six/ and inserting / thirty-seven /; and page [4557-5], line 3, by deleting /seventy-four/ and inserting / sixty-three /.
Amend further, page [4557-5], Section 12-21-4200, line 14, by deleting /Seven and five one-hundredths/ and inserting /Six/; line 29, by deleting /Twenty and eight-tenths/ and inserting / Seventeen /; line 40, by deleting /Seventy-two and fifteen one-hundredths/ and inserting / Seventy-seven /.
Amend further, page [4557-6], Section 12-21-4270, line 16, by deleting /sixteen and one-half/ and inserting / twenty-three and one-half/.
Amend title to conform.
Rep. RICHARDSON explained the amendment.
Rep. CARNELL spoke against the amendment.
Rep. RICHARDSON spoke in favor of the amendment.
Rep. WHITE spoke in favor of the amendment.
Rep. CARNELL moved to table the amendment.
Those who voted in the affirmative are:
Allison Bailey Baxley Boan Breeland Brown, H. Brown, J. Carnell Cave Clyburn Cobb-Hunter Cooper Cromer Dantzler Hallman Harrell Harris, P. Harrison Herdklotz Hines, J. Howard Hutson Inabinett Jennings Keegan Kelley Kennedy Kinon Kirsh Klauber Law Lee Lloyd Marchbanks McAbee McCraw McTeer Moody-Lawrence Neal Phillips Rhoad Riser Robinson Scott Seithel Sharpe Sheheen Shissias Smith, R. Stoddard Stuart Townsend Trotter Tucker Wells Whipper, L. White Wilder Wilkins Williams Wofford Worley Young-Brickell
Those who voted in the negative are:
Anderson Askins Brown, G. Cain Cato Cotty Delleney Easterday Fleming Gamble Harris, J. Haskins Hines, M. Hodges Jaskwhich Keyserling Knotts Lanford Limbaugh Limehouse Littlejohn Loftis Mason McKay McMahand Meacham Rice Richardson Sandifer Simrill Stille Thomas Tripp
Vaughn Waldrop Walker Whatley Whipper, S. Wilkes Wright
So, the amendment was tabled.
Reps. RICHARDSON, MASON, S. WHIPPER, KEYSERLING, McKAY, WHATLEY and McMAHAND objected to the Bill.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 4277 -- Reps. Walker, Baxley and Fleming: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-13-85 SO AS TO INCLUDE IN UNLAWFUL EMPLOYMENT PRACTICES THE CONDUCTING OF MEDICAL EXAMINATIONS AND INQUIRIES AND TO PROVIDE CONDITIONS UNDER WHICH THEY MAY BE CONDUCTED; TO AMEND SECTIONS 1-13-20, 1-13-30, AS AMENDED, 1-13-70, 1-13-80, AS AMENDED, 1-13-90, AND 1-13-100, RELATING TO THE STATE HUMAN AFFAIRS COMMISSION AND UNLAWFUL EMPLOYMENT PRACTICES AND THE PROHIBITION AGAINST DISCRIMINATION IN EMPLOYMENT BASED ON RACE, RELIGION, COLOR, SEX, NATIONAL ORIGIN, AND AGE, SO AS TO ALSO PROHIBIT DISCRIMINATION BASED ON DISABILITY AND TO DEFINE "DISABILITY" AND TO FURTHER PROVIDE HOW DISCRIMINATION BASED ON A DISABILITY IS AN UNLAWFUL EMPLOYMENT PRACTICE; TO AMEND SECTIONS 43-33-520, 43-33-530, 43-33-560, AND 43-33-570, RELATING TO THE BILL OF RIGHTS FOR HANDICAPPED PERSONS, SO AS TO DELETE PROVISIONS RELATING TO EMPLOYMENT; TO REPEAL SECTION 43-33-550 RELATING TO THE JURISDICTION OF THE STATE HUMAN AFFAIRS COMMISSION OVER COMPLAINTS OF EMPLOYMENT DISCRIMINATION; AND TO REPEAL SECTION 43-33-580 RELATING TO THE EXEMPTION OF CONTRACTORS
Rep. NEAL explained the Bill.
S. 922 -- Senator Wilson: A BILL TO AMEND SECTION 20-7-2379, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DIVISION FOR REVIEW OF THE FOSTER CARE OF CHILDREN, SO AS TO REQUIRE THE DIVISION TO MAKE RECOMMENDATIONS TO THE GOVERNOR RATHER THAN TO THE GENERAL ASSEMBLY AND TO DELETE OBSOLETE PROVISIONS; AND TO AMEND SECTION 20-7-2391, RELATING TO PETITIONS FOR RELIEF FROM ACTIONS OR RECOMMENDATIONS OF LOCAL FOSTER CARE REVIEW BOARDS, SO AS TO DELETE THE PROVISION RELATING TO PROCEDURES A CHILD CARING FACILITY MUST COMPLY WITH WHEN THE FACILITY IS NOT IN AGREEMENT WITH A LOCAL BOARD'S RECOMMENDATION FOR PERMANENT PLACEMENT AT THE FACILITY.
Rep. NEAL explained the Bill.
S. 68 -- Senators McConnell, Rose and O'Dell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-56-340 SO AS TO PROVIDE IMMUNITY FROM LIABILITY FOR A TECHNICAL EXPERT PROVIDING ADVICE AND ASSISTANCE TO A COUNTY OR OTHER POLITICAL SUBDIVISION DURING THE COURSE OF A HAZARDOUS MATERIALS EMERGENCY AND TO PROVIDE EXCEPTIONS.
Rep. WILKES explained the Bill.
H. 4743 -- Reps. Cotty, Sheheen, Riser and Witherspoon: A BILL TO AMEND SECTION 48-11-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPOSITION AND ELECTION OF THE GOVERNING BODY OF A WATERSHED CONSERVATION DISTRICT, SO AS TO CHANGE THE METHOD BY WHICH A CANDIDATE FOR WATERSHED DIRECTOR BECOMES QUALIFIED.
Rep. COTTY explained the Bill.
H. 4802 -- Rep. Harrison: A BILL TO AMEND SECTION 14-1-215, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RETIRED JUDGES OR JUSTICES BEING ASSIGNED
Rep. D. SMITH explained the Bill.
The following Bill was taken up.
H. 4502 -- Reps. Simrill, Herdklotz, Cain, Sandifer, Haskins, Meacham, Hallman, Trotter, Cato and R. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-1-85 SO AS TO PROVIDE THAT MARRIAGES BETWEEN PERSONS OF THE SAME SEX VALID IN ANOTHER STATE ARE VOID IN SOUTH CAROLINA.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\amend\PFM\9213AC.96).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 20-1-15. A marriage between persons of the same sex is void ab initio and against the public policy of this State.
Section 20-1-18. A marriage recognized in any other state or country may not be recognized in this State if it would be prohibited and declared void in this State."
SECTION 2. Section 20-1-10 of the 1976 Code is amended to read:
"Section 20-1-10. (A) Marriage is a contract between a woman and a man. All persons, except mentally incompetent persons, and persons whose marriage is prohibited by this section, may lawfully contract matrimony.
(B) No man shall marry his mother, grandmother, daughter, granddaughter, stepmother, sister, grandfather's wife, son's wife, grandson's wife, wife's mother, wife's grandmother, wife's daughter, wife's granddaughter, brother's daughter, sister's daughter, father's sister, or mother's sister, or another man.
Printed Page 2270, Apr. 17
| Printed Page 2290, Apr. 17
|