Current Status Bill Number:
867Type of Legislation: General Bill GBIntroducing Body: SenateIntroduced Date: 19980114Primary Sponsor: DrummondAll Sponsors: Drummond and CoursonDrafted Document Number: jic\5078htc.98Residing Body: SenateCurrent Committee: Finance Committee 06 SFSubject: Coin-operated nonpayout machines with free play feature, pro rata refunds on certain license fees; Gambling
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ Senate 19980114 Introduced, read first time, 06 SF referred to Committee Senate 19971215 Prefiled, referred to Committee 06 SFView additional legislative information at the LPITS web site.
TO AMEND SECTION 12-21-2720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSES REQUIRED FOR COIN-OPERATED DEVICES OR MACHINES, SO AS TO DELETE REFERENCES TO CODE SECTIONS REPEALED BY THIS ACT; TO REPEAL ARTICLE 20, CHAPTER 21, TITLE 12, THE VIDEO GAME MACHINES ACT; TO REPEAL SECTION 16-19-60 RELATING TO THE NONAPPLICATION OF THE GAMBLING OFFENSES TO COIN-OPERATED NONPAYOUT MACHINES WITH A FREE PLAY FEATURE, TO AUTHORIZE PRO RATA REFUNDS FOR LICENSE FEES PAID ON COIN-OPERATED MACHINES WITH A FREE PLAY FEATURE LICENSED ON THE EFFECTIVE DATE OF THIS ACT, AND TO MAKE THESE PROVISIONS PROHIBITING VIDEO POKER PAYOUTS EFFECTIVE ONLY IF A MAJORITY OF THE QUALIFIED ELECTORS VOTING IN A REFERENDUM HELD AT THE TIME OF THE GENERAL ELECTION OF 1998 FAVOR THIS PROHIBITION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 12-21-2720((C) of the 1976 Code, as last amended by Section 54C, Part II, Act 155 of 1997, is further amended to read:
"(C) The owner or operator of any coin-operated device which is exempt from Section 16-19-60 and is subject to licensing under Section 12-21-2720(A)(3) and which has multi-player stations, shall purchase a separate license for each such station and any such multi-player station counts as a machine when determining the number of machines authorized for licensure under Section 12-21-2804(A)."
SECTION 2. Article 20, Chapter 21, Title 12 of the 1976 Code is repealed.
SECTION 3. Section 16-19-60 of the 1976 Code is repealed.
SECTION 4. After the effective date of this act, the South Carolina Department of Revenue, upon application, shall issue pro rata refunds of license fees on machines licensed pursuant to Section 12-21-2720(A)(3) of the 1976 Code as of the effective date of this act.
SECTION 5. (A) A statewide referendum must be held at the time of the 1998 general election to ascertain whether or not video poker payouts are prohibited. The State Election Commission must place the question contained in subsection B of this section on the referendum ballot. The state election laws shall apply to the referendum, mutatis mutandis. The State Board of Canvassers shall publish the results of the referendum and certify them to the Secretary of State, the Speaker of the House of Representatives, the President Pro Tempore of the Senate, and the Code Commissioner.
(B) The question put before the qualified electors in the referendum shall read:
"Should video poker payouts be prohibited?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
SECTION 6. Section 5 of this act takes effect upon approval by the Governor. The remaining provisions take effect only if a majority "yes" vote is certified by the State Election Commission pursuant to Section 5 of this act and these remaining provisions take effect on the date the State Election Commission certifies such a vote. If a majority "no" vote is certified, then the remaining provisions of this act shall have no force and effect.