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1092Type of Legislation: General Bill GBIntroducing Body: SenateIntroduced Date: 20000201Primary Sponsor: RybergAll Sponsors: Ryberg, Martin, Richardson, Elliott, Giese and GregoryDrafted Document Number: l:\council\bills\bbm\9170htc00.docCompanion Bill Number: 4491Residing Body: SenateCurrent Committee: Judiciary Committee 11 SJSubject: Gambling Cruise Prohibition Act, Watercraft, Crimes and OffensesHistory Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 20000201 Introduced, read first time, 11 SJ referred to Committee Versions of This Bill
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 OR THE REPAIR OF GAMBLING DEVICES ON A VESSEL IN A VOYAGE THAT BEGINS AND ENDS WITHIN THIS STATE AND PROHIBIT THE OPERATION OF A VESSEL THAT TRANSPORTS PERSONS TO ANOTHER VESSEL FOR THE PURPOSE OF GAMBLING IF BOTH THE TRANSPORTING VESSEL AND THE VESSEL ON WHICH A GAMBLING DEVICE IS USED OR REPAIRED BEGINS AND ENDS ITS VOYAGE IN THIS STATE, AND TO PROVIDE DEFINITIONS AND PENALTIES FOR VIOLATION.
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 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. It is the purpose of this act clearly and unequivocally to prohibit gambling activities on so-called "cruises to nowhere" as provided in 15 U.S.C. 1175. The passage of this act should in no way be construed or interpreted to mean that existing laws prohibiting gambling in this State do not apply to the so-called "cruises to nowhere" described in this act.
SECTION 2. Chapter 19, Title 16 of the 1976 Code is amended by adding:
"Section 16-19-170. (A) As used in this section:
(1)(a) 'Vessel' means a boat, ship, casino boat, watercraft, or barge, of United States or foreign documentation, 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.
(b) 'Vessel' includes a boat, ship, watercraft, or barge without gambling devices that transports persons to another vessel for the purpose of gambling if the transportation begins and ends in this State and neither the vessel providing such transportation nor the vessel on which the repair or use of any gambling device occurs makes an intervening stop within the boundaries of another state or possession of the United States or a foreign country.
(2) 'Gambling' or 'gambling device' means a game of chance and includes, but is not limited to, slot machines, punch boards, video poker or blackjack machines, keeno, roulette, craps, or any other gaming table type gambling or poker, blackjack, or any other card gambling game.
(B)(1) It is unlawful for a person to repair or use any gambling device on a vessel that is on a voyage or segment of a voyage if:
(a) the voyage or segment begins and ends in this State; and
(b) during which the vessel does not make an intervening stop within the boundaries of another state or possession of the United States or a foreign country.
(2) It is unlawful for a person to operate a vessel as defined in subsection (A)(1)(b).
(C) A person who violates either subsection (B)(1) or (2) 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, for each offense. Nothing in this section precludes prosecution for any other applicable gambling offense."
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.
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