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S. 59
STATUS INFORMATION
General Bill
Sponsors: Senator Elliott
Document Path: l:\council\bills\bbm\9304zw03.doc
Introduced in the Senate on January 14, 2003
Currently residing in the Senate Committee on Judiciary
Summary: Gambling cruises, state regulation per federal law; local governments may prohibit or regulate; provisions
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 12/4/2002 Senate Prefiled 12/4/2002 Senate Referred to Committee on Judiciary 1/14/2003 Senate Introduced and read first time SJ-44 1/14/2003 Senate Referred to Committee on Judiciary SJ-44
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 11 TO TITLE 3 SO AS TO PROVIDE THAT THE STATE OF SOUTH CAROLINA DELEGATES ITS AUTHORITY GRANTED BY THE UNITED STATES CONGRESS TO REGULATE CERTAIN GAMBLING CRUISES PURSUANT TO THE JOHNSON ACT OF 1992, 15 U.S.C. SECTIONS 1171 THROUGH 1177, TO COUNTY AND MUNICIPAL GOVERNMENTS; TO PROVIDE THAT COUNTY AND MUNICIPAL GOVERNMENTS MAY PROHIBIT OR REGULATE THE OPERATION OF GAMBLING VESSELS BY ORDINANCE WITHIN THE DELEGATED POWER PROVIDED PURSUANT TO THE JOHNSON ACT; TO PROVIDE THAT A COUNTY AND MUNICIPALITY ONLY MAY ASSESS CIVIL PENALTIES FOR VIOLATIONS OF THIS SECTION; AND TO PROVIDE THAT NOTHING IN THIS SECTION MUST BE CONSTRUED TO REPEAL OR MODIFY ANY OTHER PROVISION OF LAW RELATING TO GAMBLING.
Whereas, the General Assembly finds that counties and municipalities of this State would benefit from having the authority to exercise the sovereign power of the State to regulate gambling boats as delegated by Congress under the Johnson Act, 15 U.S.C. Sections 1171 through 1177, as amended in 1992; and
Whereas, until the Johnson Act was amended in 1992, federal law prohibited gambling on any United States flagged ships; and
Whereas, the General Assembly further finds that federal government has preempted regulation of the possession of gambling devices on certain casino boats that leave a port in one state, make at least one intervening stop in a second state or other United States territory, and then return to the same or another port in the first state as specified in 15 U.S.C. 1175(b)(2); and
Whereas, the General Assembly finds that it is appropriate and in the best interest of the State to empower and authorize local governments to regulate the activities of gambling boats since the 1992 amendments to the Johnson Act legalized certain gambling cruises unless otherwise prohibited by state law; and
Whereas, it is the intent of the General Assembly to continue to recognize the tenets of Chapter 9, Title 4 and Chapter 5, Title 5, the Home Rule Act, of the 1976 Code, which gives local governments the authority to do that which is not inconsistent with state law; and
Whereas, the General Assembly recognizes the right of a county and municipality by ordinance to set vessel weight restrictions and docking restrictions as long as these restrictions are related reasonably and rationally to public safety, navigation safety, depth of water, the preservation of historical areas, or general planning considerations pursuant to Chapter 7, Title 6 of the 1976 Code; and
Whereas, the General Assembly believes that it is more appropriate for county and municipal governments to make the determination as to whether to prohibit or otherwise regulate gambling "cruises to nowhere". Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 3 of the 1976 Code is amended by adding:
Section 3-11-100. (A) The General Assembly delegates to a county and municipality of the State, the authority and power to exercise any sovereign jurisdiction granted to this State by the United States Congress pursuant to the Johnson Act, 15 U.S.C. Sections 1171 through 1177. A county and municipality may use powers granted by the State pursuant to Chapter 9, Title 4 and Chapter 5, Title 5, of the Home Rule Act, to regulate gambling cruises on behalf of the State. A county and municipality adopting ordinances to regulate or prohibit gambling cruises may assess civil penalties only for violations of these ordinances.
(B) A county governing body may regulate or prohibit, for the unincorporated area of the county, and a municipal governing body may regulate or prohibit, for the municipality, the operation of a gambling vessel within its jurisdiction. For purposes of this subsection:
(1) 'Vessel' means a boat, ship, casino boat, watercraft, or barge kept, operated, or maintained for the purpose of gambling, with one or more gaming establishments aboard, that carries or operates gambling devices for the use of its passengers or otherwise provides facilities for the purpose of gambling, whether within or without the jurisdiction of this State, and whether it is anchored, berthed, lying to, or navigating, and the sailing, voyaging, or cruising, or any segment of the sailing, voyaging, or cruising begins and ends within this State.
(2) 'Vessel' does not include any boat, ship, or other watercraft that provides overnight accommodations for all its cruise passengers when the vessel primarily is engaged in carrying passengers between ports in the United States and foreign countries.
(3) 'Gambling' or 'gambling device' means a game of chance and includes, but is not limited to, slot machines, punchboards, video poker or blackjack machines, keeno, roulette, craps, or any other gaming table type gambling or poker, blackjack, or any other card gambling game.
(C) A vessel with overnight accommodations for passengers is permitted to operate cruises to nowhere as long as any gambling activity takes place outside state waters.
(D) Nothing in this chapter may be construed to repeal or modify any other provision of law relating to gambling. This chapter does not repeal or modify any law with regard to bingo or the operation of a device or machine pursuant to Section 12-21-2720(A)(3)."
SECTION 2. This act takes effect upon approval by the Governor.
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