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COMMITTEE REPORT
January 20, 1999
H. 3002
Introduced by Reps. Wilkins, Hawkins, Altman, J. Brown, Loftis, Leach, Kelley, Harvin, Walker, D. Smith, Campsen, Stille, Davenport, Rice, Barrett, Cotty, Lanford, Wilder, Sharpe, Delleney, Littlejohn, Tripp, Witherspoon, Harris, Carnell, Kirsh, Vaughn, Webb, McKay, Riser, Sandifer, Cato, Simrill, Allison, Harrison, Barfield, McGee, Meacham, Hamilton, Koon, Fleming, Martin, Mason, Gilham, Emory, McCraw, Edge, Robinson and W. McLeod
S. Printed 1/20/99--H.
Read the first time January 12, 1999.
To whom was referred a Bill (H. 3002), to amend the Code of Laws of South Carolina, 1976, by adding Section 16-19-170, enacting the Gambling Cruise Prohibition Act, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass with amendment:
Amend the bill, as and if amended, SECTION 1, Page 1, line 27, by striking / craft / and inserting / United States or foreign documented vessel /.
When amended, SECTION 1 reads:
/SECTION 1. This act may be cited as the "Gambling Cruise Prohibition Act". It is the intent of the General Assembly in enacting this act to reenforce long-standing prohibitions on gambling by reiterating that the gambling offenses provided under the Constitution and laws of this State extend to any United States or foreign documented vessel where voyages begin and end in the waters of this State, consistent with the standards specified in 15 U.S.C. 1175(b)(2)(A), commonly referred to as the Johnson Act Amendments of 1992./
Amend further by striking Section 16-19-170(A), as contained in SECTION 2, beginning on Page 1, and inserting:
/(A) It is unlawful for a person to:
(1) violate any provision of this chapter or any other provision of the laws or Constitution of this State prohibiting gambling, however described, on a United States or foreign documented vessel that embarks from any point within the State, and disembarks at the same or another point within the State, during which time the person intentionally causes or knowingly permits gambling activity to be conducted, whether within or without the waters of the State;
(2) manage, supervise, control, operate, or own any United States or foreign documented vessel that embarks from any point within the State, and disembarks at the same or another point within the State, during which time the person intentionally causes or knowingly permits gambling activity which would violate any provision of this chapter or any other provisions of the laws or Constitution of this State prohibiting gambling, however described;
(3) repair a gambling device on a United States or foreign documented vessel described in item (1) or (2) of this subsection, regardless of the location of the United States or foreign documented vessel when the repairs are made./
Amend further by striking SECTION 3 and inserting:
/SECTION 3. If any provision of this act, including the provisions of Section 16-19-170 of the 1976 Code added by it, or the application of these provisions to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end, the provisions of this act are severable.
SECTION 4. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
JAMES H. HARRISON, for Committee.
REVENUE IMPACT 1/
This bill would have no impact on state revenue.
Explanation
This bill would extend the prohibition on gambling provided under the State Constitution to any craft in which voyages begin and end in the waters of this State. This bill would further prohibit an individual to manage, supervise, control, operate, or own any craft which knowingly violates any provision of the State Constitution that prohibits gambling. The State does not collect any revenues from the operation of casino boats from ports in South Carolina and would, therefore, not lose any revenue from their prohibition.
Approved By:
William C. Gillespie, Ph.D.
Chief Economist
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 THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-19-170, ENACTING THE GAMBLING CRUISE PROHIBITION ACT, SO AS TO PROHIBIT GAMBLING ON A CRAFT THAT EMBARKS AND DISEMBARKS FROM ANY POINT IN THIS STATE AND TO MAKE THIS PROHIBITION APPLY WHETHER OR NOT THE GAMBLING ACTIVITIES ARE CONDUCTED WITHIN THE WATERS OF THIS STATE, AND TO PROVIDE A PENALTY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act may be cited as the "Gambling Cruise Prohibition Act". It is the intent of the General Assembly in enacting this act to reenforce long-standing prohibitions on gambling by reiterating that the gambling offenses provided under the Constitution and laws of this State extend to any craft where voyages begin and end in the waters of this State, consistent with the standards specified in 15 U.S.C. 1175(b)(2)(A), commonly referred to as the Johnson Act Amendments of 1992.
SECTION 2. Chapter 19 of Title 16 of the 1976 Code is amended by adding:
"Section 16-19-170. (A) It is unlawful for a person to:
(1) violate any provision of this chapter or any other provision of the laws or Constitution of this State prohibiting gambling, however described, on a craft that embarks from any point within the State, and disembarks at the same or another point within the State, during which time the person intentionally causes or knowingly permits gambling activity to be conducted, whether within or without the waters of the State;
(2) manage, supervise, control, operate, or own any craft that embarks from any point within the State, and disembarks at the same or another point within the State, during which time the person intentionally causes or knowingly permits gambling activity which would violate any provision of this chapter or any other provisions of the laws or Constitution of this State prohibiting gambling, however described.
(B) A person who violates any provision of this section is guilty of a felony and, upon conviction, must be imprisoned for not more than five years or fined not more than twenty-five thousand dollars, or both. A violation under this section is a separate offense, and nothing in this section precludes prosecution for any other gambling offense."
SECTION 3. This act takes effect upon approval by the Governor.
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