The Committee on Ways and Means proposes the following amendment (LC-4176.DG0001H):
Amend the bill, as and if amended, SECTION 3, by deleting Section 1-36-10(14) from the bill.
Amend the bill further, SECTION 3, by striking Section 1-36-30 and inserting:
Section 1-36-30. (A) There is established the South Carolina Gaming Commission to provide governance and oversight of casino gaming authorized under this chapter. The commission and its employees are subject to the South Carolina Consolidated Procurement Code, South Carolina Administrative Procedures Act, South Carolina Ethics Reform Act, and South Carolina Freedom of Information Act. Venue for the commission is in Richland County.(B) The commission is composed of three members. One member must be appointed by the Governor who shall serve as chairman of the commission, one member must be appointed by the President of the Senate, and one member must be appointed by the Speaker of the House of Representatives. Decisions of the commission must be made by majority vote. A quorum of the commission is two or more members.
(C) A member must:
(1) be a resident of the State of South Carolina;
(2) not have been convicted of a felony offense or bookmaking or other form of unlawful gambling. A background investigation must be conducted on each commission nominee. The commission shall pay for the cost of the investigation and may contract with the State Law Enforcement Division or appropriate federal agency for the performance of the investigation;
(3) meet the qualifications for electors as provided in Section 7-5-120; and
(4) not have been an elected public official, an office that would be considered for purposes of the prohibition against dual-office holding, as provided in Section 24, Article III of the Constitution of this State, and Section 2-1-100, for at least one year before appointment.
(D) An individual is not eligible for appointment as a member of the commission if the individual:
(1) is an officer or official of a political party;
(2) has a direct pecuniary interest in the gaming industry;
(3) has been convicted of a felony;
(4) has been convicted of a misdemeanor involving gambling, theft, computer-related offenses, forgery, perjury, dishonesty, or unlawfully selling or providing a product or substance to a minor;
(5) has been convicted of a violation under this chapter; or
(6) has been convicted of an offense in a federal court, military court, or court of another state, territory, or jurisdiction that under the laws of this State would disqualify him pursuant to items (3), (4), or (5).
(E) In making appointments to the commission, the Governor, the President of the Senate, and the Speaker of the House of Representatives, as appropriate, shall consider legal, financial, accounting, and marketing experience and race, gender, and other demographic factors to ensure nondiscrimination, inclusion, and representation of all segments of the State to the greatest extent possible.
(F) The term of each commission member begins on March first and shall continue for a period of four years with each new appointment or reappointment being four years and validly serving until his successor is appointed and qualified. Vacancies, if any, must be filled for the balance of the then-remaining term and an appointment to the vacant office must be made by the appointing authority that made the original appointment and under the same standards as the original appointment, mutatis mutandis.
(G) A member of the commission may be removed from the commission by the appointing authority if, in the opinion of the appointing authority, the member has committed misfeasance or malfeasance in office or neglect of duty.
(H) The commission shall meet no less than quarterly and may hold additional regular and special meetings at the call of the commission. The members shall not receive a salary but may be reimbursed for per diem and travel expenses as provided for commissions and boards.
(A) There is created a commission to be known as the "South Carolina Gaming Commission," which is considered to be a public commission and an instrumentality of the State. The commission and its employees are subject to the South Carolina Consolidated Procurement Code, South Carolina Administrative Procedures Act, South Carolina Ethics Reform Act, and South Carolina Freedom of Information Act. Venue for the commission is in Richland County.
(B) The commission is composed of five members. One member must be appointed by the Governor, one member must be appointed by the President of the Senate, one member must be appointed by the Senate Finance Chairman, one member must be appointed by the Speaker of the House of Representatives, and one member must be appointed by the House Ways and Means Chairman. Decisions of the commission must be made by majority vote. A quorum of the commission is three or more members.
(C) A member must:
(1) be a resident of the State of South Carolina;
(2) not have been convicted of a felony offense or bookmaking or other form of unlawful gambling. A background investigation must be conducted on each commission nominee. The commission shall pay for the cost of the investigation and may contract with the State Law Enforcement Division (SLED) or appropriate federal agency for the performance of the investigation;
(3) meet the qualifications for electors as provided in Section 7-5-120; and
(4) not have been an elected public official, as provided in Section 24, Article III of the Constitution of this State and Section 2-1-100, for at least one year before appointment.
(D) A person is not eligible for appointment to the commission if the person:
(a) is an officer or official of a political party;
(b) has a direct pecuniary interest in the sports wagering or gaming industry;
(c) has been convicted of a felony;
(d) has been convicted of a misdemeanor involving gambling, theft, computer-related offenses, forgery, perjury, dishonesty, or unlawfully selling or providing a product or substance to a minor;
(e) has been convicted of a violation under this chapter; or
(f) has been convicted of an offense in a federal court, military court, or court of another state, territory, or jurisdiction that under the laws of this State would disqualify him pursuant to items (c), (d), or (e).
(E) The term of each member begins on March first. For purposes of staggering the terms of the commission:
(1) the member appointed by the Governor is appointed for an initial term of four years;
(2) the members appointed by the Senate Finance Chairman and the House Ways and Means Chairman are appointed for initial terms of three years; and
(3) the members appointed by the President Senate and the Speaker of the House are appointed for initial terms of two years.
(F) After the initial terms, the term of an appointed or reappointed member is four years.
(G) Notwithstanding the provisions of subsection (E), at the end of the member's term, the member continues to serve until his successor is appointed and qualified.
(H) A vacancy on the commission must be filled for the balance of the unexpired term in the same manner as the original appointment.
(I) A member of the commission may be removed from the commission by the appointing authority if, in the opinion of the appointing authority, the member has committed misfeasance or malfeasance in office or neglect of duty.
(J) Three members of the commission constitute a quorum for the purposes of voting and conducting the business of the commission, and such attendance may be by electronic or telephonic means.
(K) The commission shall elect a chair from among its membership. The chair shall serve in that capacity for one year and is eligible for reelection. The chair shall preside at all meetings and has all the powers and privileges of other members.
(L) The commission shall meet no less than quarterly and may hold additional regular and special meetings at the call of the commission.
(M) The members may be reimbursed for per diem and travel expenses as provided for commissions and boards.
Amend the bill further, SECTION 3, by striking Section 1-36-70(D) and inserting:
(D)(1) The proceeds from the privilege tax must be credited to the general fund.Ninety-seven percent of the privilege tax collected pursuant to this section must be transmitted by the Department of Revenue into the state general fund. A portion, in an amount to be determined by the General Assembly, must be allocated by the General Assembly in its annual general appropriations bill or any bill appropriating monies for previous or current fiscal years to the South Carolina Department of Behavior Health and Developmental Disabilities to receive monies from the fund for the prevention and treatment of compulsive gambling disorder and educational programs related to that disorder.(2) Three percent of the privilege tax collected under this section must be credited to the eligible counties. The Department of Revenue shall deposit such collections equally into the local general funds of each eligible county as defined in Section 1-36-10.
Renumber sections to conform.
Amend title to conform.