South Carolina General Assembly
115th Session, 2003-2004

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H. 3962

STATUS INFORMATION

General Bill
Sponsors: Rep. Cooper
Document Path: l:\council\bills\dka\3430dw03.doc

Introduced in the House on April 9, 2003
Currently residing in the House Committee on Ways and Means

Summary: Bingo tickets and electronic devices

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
    4/9/2003  House   Introduced and read first time HJ-21
    4/9/2003  House   Referred to Committee on Ways and Means HJ-21
   4/23/2003  House   Committee report: Favorable Ways and Means HJ-33
   4/24/2003          Scrivener's error corrected
   4/29/2003  House   Requests for debate-Rep(s). JE Brown, Breeland, Hayes, 
                        Neilson, Harrell, Davenport, McGee, Hosey, Perry, 
                        Duncan, EH Pitts, Emory, Scott, JE Smith, Bailey, 
                        Lloyd, Kennedy, JH Neal, Jennings, Gourdine, Hinson, 
                        Stewart and Owens HJ-69
   4/30/2003  House   Requests for debate-Rep(s). Whipper HJ-79
   4/30/2003  House   Debate adjourned until Thursday, May 1, 2003 HJ-79
    5/1/2003  House   Recommitted to Committee on Ways and Means HJ-27

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

4/9/2003
4/23/2003
4/24/2003

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

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COMMITTEE REPORT

April 23, 2003

H. 3962

Introduced by Rep. Cooper

S. Printed 4/23/03--H.    [SEC 4/24/03 4:37 PM]

Read the first time April 9, 2003.

            

THE COMMITTEE ON WAYS AND MEANS

To whom was referred a Bill (H. 3962) to amend the Code of Laws of South Carolina, 1976, by adding Sections 12-21-4215 and 12-21-4217 so as to provide an application procedure for the manufacturing or distribution of bingo tickets, etc., respectfully

REPORT:

That they have duly and carefully considered the same and recommend that the same do pass:

ROBERT W. HARRELL, JR. for Committee.

            

STATEMENT OF ESTIMATED FISCAL IMPACT

REVENUE IMPACT 1/

This bill is expected to have no impact on general fund revenue in FY 2003-04.

Explanation

This bill revises current procedures regarding manufacturing and distribution of bingo cards, tickets, or electronic devices. Section 1 of the bill adds procedural language and further consolidates provisions for annual license fees of $5,000 for bingo card manufacturers and $2,000 for bingo distributors but does not change fees from those in current law under Section 12-21-4240. Since this bill does not change the current schedule of annual license fees of bingo manufacturers and distributors, it would have no impact on general fund revenue in FY 2003-04.

Approved By:

William C. Gillespie

Board of Economic Advisors

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.

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 12-21-4215 AND 12-21-4217 SO AS TO PROVIDE AN APPLICATION PROCEDURE FOR THE MANUFACTURING OR DISTRIBUTION OF BINGO TICKETS AND ELECTRONIC DEVICES; TO AMEND SECTION 12-21-4060, RELATING TO THE PROHIBITION OF ALLOWING A PERSON CONVICTED OF CERTAIN CRIMES FROM MANAGING OR CONDUCTING A BINGO GAME, SO AS TO CHANGE THE CRIMES A PERSON MUST HAVE PLED GUILTY OR NOLO CONTENDERE TO A STATE OR FEDERAL CRIMINAL OFFENSE IN ORDER TO DISQUALIFY HIM FROM MANAGING OR CONDUCTING A BINGO GAME; TO AMEND SECTION 12-21-4160, RELATING TO THE INSPECTION OF BOOKS, PAPERS, RECORDS, MEMORANDA, OR OTHER THINGS BEARING UPON THE AMOUNT OF TAXES OR FEES WHICH ARE PAYABLE, SO AS TO PROHIBIT A BINGO CARD OR BINGO TICKET FROM BEING IN THE POSSESSION OF A DISTRIBUTOR, NONPROFIT ORGANIZATION, OR PROMOTER WITHOUT BEING AUTHORIZED BY THE DEPARTMENT AND DOES NOT BEAR THE SOUTH CAROLINA STATE SEAL AND DENOMINATION OF VALUE, AND PROVIDE PENALTIES FOR VIOLATION; AND TO AMEND SECTION 12-21-4260, RELATING TO THE BACKGROUND INVESTIGATION SUBMITTED BY A BINGO MANUFACTURER, DISTRIBUTOR, ORGANIZATION, OR PROMOTER, SO AS TO MAKE THIS SECTION SUBJECT TO THE PROVISIONS OF SECTION 12-21-4060.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Chapter 21, Title 12 of the 1976 Code is amended by adding:

"Section 12-21-4215.    (A)    Before conducting business involving the manufacturing of bingo cards, bingo tickets, or electronic devices for this State, a business shall file with the department a written application in a form prescribed by the department, executed and notarized which must include the name, address, telephone number, and social security number of each owner, partner, or officer of the applicant business.

(B)    Upon application for a license, the department has forty-five days to approve or reject the application based on the requirements of this article.

(C)    A manufacturer shall file a renewal application each year submitting any changes in information and documentation previously submitted as required by this section. The manufacturer is required to notify the department, in writing, of any changes in the information supplied on the application within thirty days of the change.

(D)    The license authorized by this section is for the privilege of engaging in business as a bingo manufacturer and must be purchased from the department at a cost of five thousand dollars a year.

(E)    The department may revoke the license of a manufacturer who fails to file the reports and information required in this article.

Section 12-21-4217.    (A)    Before conducting business involving the distribution of bingo cards, bingo tickets, or electronic devices in this State, a business shall file with the department a written application in a form prescribed by the department, executed and notarized, which must include:

(1)    the name, address, telephone number, and social security number of each owner, partner, or officer of the applicant business;

(2)    the name, address, telephone number, birth date, and social security number of each person who will be employed by the distributor, and a statement as to whether or not the person has been convicted within the last twenty years of a state or federal crime or where applicable, whose distributor's license has been revoked;

(3)    a notarized statement as to whether the applicant, its' owners, partners, or officers, or any of its employees have been convicted within the last twenty years of a state or federal crime or where applicable, whose distributor's license has been revoked;

(4)    other information considered necessary by the department.

(B)    Upon application for a license, the department has forty-five days to approve or reject the application based on the requirements of this article.

(C)    A distributor shall file a renewal application each year submitting any changes in information and documentation previously submitted as required by this section. The distributor is required to notify the department, in writing, of any changes in the information supplied on the application within thirty days of the change.

(D)    The license authorized by this section is for the privilege of engaging in business as a bingo distributor and must be purchased from the department at a cost of two thousand dollars a year.

(E)    The department may revoke the license of a distributor who fails to file the reports and information required in this article."

SECTION    2.    Section 12-21-4060 of the 1976 Code is amended to read:

"Section 12-21-4060.    A person who, within the last twenty years, has been convicted within the last twenty years of violating a state or federal criminal statute relating to gaming or gambling, or who has been convicted of any other crime that has a sentence of two or more years of or pled guilty or nolo contendere to a state or federal criminal offense, or where applicable, whose manufacturer's, distributor's, or promoter's license has been revoked by the department is not permitted to manage or conduct a game or assist in any manner with the bingo operation industry."

SECTION    3.    Section 12-21-4160 of the 1976 Code is amended to read:

"Section 12-21-4160.    The department or its designated agent or representative may enter upon the premises where bingo is played or the business premises of another person and examine books, papers, records, memoranda, commodities, or other things bearing upon the amount of taxes or fees payable or the proper conduct of a game and secure from the taxpayer or other person information directly or indirectly for the enforcement of this article. At no time may a bingo card and or bingo ticket be held by a distributor, nonprofit organization, or promoter who has not been authorized by the department and does not bear the South Carolina state seal and denomination of value. A bingo card or bingo ticket that does not meet this criteria that is found or located in this State at the premises of a licensed distributor, nonprofit organization, or promoter constitutes an immediate suspension of license. The department permanently shall revoke the license of a manufacturer or distributor who issues or delivers bingo cards and or bingo tickets to a distributor, nonprofit organization, or promoter without meeting the exact guidelines and regulations provided by the department in approving the delivery of bingo cards and or bingo tickets. The manufacturer shall receive approved authorization from the department before the transfer of bingo cards and or bingo tickets. The distributor shall receive approved authorization from the department before the transfer of bingo cards and or bingo tickets to all classes of bingo games. A manufacturer who delivers or issues unauthorized bingo cards or bingo tickets without meeting the above approved guidelines of the department is guilty of a felony and, upon conviction, must be imprisoned not more than five years or fined not more than five thousand dollars, or both."

SECTION    4.    Section 12-21-4260 of the 1976 Code is amended to read:

"Section 12-21-4260.    A person licensed as a bingo manufacturer, distributor, organization, or promoter shall submit to a background investigation. This includes each partner of a partnership and each director and officer and all stockholders of ten percent or more in a parent or subsidiary corporation of a bingo card manufacturer, distributor, organization, or promoter pursuant to the provisions of Section 12-21-4060. The department has sole discretion to issue a license based on the background investigation."

SECTION    5.    This act takes effect upon approval by the Governor.

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