H 4843 General Bill, By Sheheen
 A Bill to designate Section 19H, Part II, of Act 164 of 1994, as Section
 12-21-2808 of the 1976 Code which relates to subsequent referendums in
 counties on allowing payouts for credits earned on coin-operated video
 machines after the referendum held in 1994, so as to provide that such
 subsequent referendums may be held beginning with the 1996 general election
 rather than with the 1998 general election.

   03/28/96  House  Introduced and read first time HJ-8
   03/28/96  House  Referred to Committee on Ways and Means HJ-8

A BILL

TO DESIGNATE SECTION 19H, PART II, OF ACT 164 OF 1993, AS SECTION 12-21-2808 OF THE 1976 CODE WHICH RELATES TO SUBSEQUENT REFERENDUMS IN COUNTIES ON ALLOWING PAYOUTS FOR CREDITS EARNED ON COIN-OPERATED VIDEO MACHINES AFTER THE REFERENDUM HELD IN 1994, SO AS TO PROVIDE THAT SUCH SUBSEQUENT REFERENDUMS MAY BE HELD BEGINNING WITH THE 1996 GENERAL ELECTION RATHER THAN WITH THE 1998 GENERAL ELECTION.

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

SECTION 1. A. Section 19H, Part II, Act 164 of 1993, is designated as Section 12-21-2808 of the 1976 Code.

B. Section 12-21-2808 of the 1976 Code is amended to read:

"Section 12-21-2808. In addition to the referendum to be held at the 1994 general election, counties are authorized to hold a referendum to determine whether or not cash payoffs provided for under Section 16-19-60 of the 1976 Code relating to coin-operated devices shall be authorized. The counties are authorized to hold such a referendum in the manner provided in this section except that no such referendum may be held until the 1998 1996 general election and may also be held in subsequent general elections as provided herein.

(1) The referendum must be held:

(a) upon the passage of an ordinance of the governing body of a county providing for a referendum if the ordinance is passed at least ninety days before a general election; or

(b) upon a petition so requesting filed with the county election commission more than ninety days before the general election containing the signatures of at least ten percent, but not more than two thousand five hundred, of the qualified electors of the county as of the time of the preceding general election.

(2) In any county in which cash payoffs are authorized by Section 16-19-60 of the 1976 Code relating to coin-operated devices at the time of the referendum provided for in this section, the question put before the voters shall read as follows:

`Shall cash payoffs for credits earned on coin-operated video game machines remain legal and subject to licensure and regulation by the State of South Carolina?'

(3) In any county in which, at the time of the referendum provided for in this section, cash payoffs as provided for by Section 16-19-60 of the 1976 Code relating to coin-operated devices are not authorized, the question put before the voters shall read as follows:

`Shall cash payoffs for credits earned on coin-operated video game machines be allowed and subject to licensure and regulation by the State of South Carolina?'

(4) If the result of the referendum provided for in this section is not in favor of a continuation of cash payoffs for credits earned on coin-operated devices within the county, Section 16-19-60 of the 1976 Code shall not apply within the county after July first of the year following the referendum.

(5) If the results of the referendum provided for in this section are to authorize cash payoffs relating to coin-operated devices, Section 16-19-60 shall apply within such county after January first of the year following the referendum.

(6) The state election laws apply to the referendum provided in this section, mutatis mutandis.

(7) If a majority of the qualified electors within a county vote to terminate cash payoffs for credits earned on coin-operated devices, in a referendum as authorized in this section, the Tax Commission Department of Revenue and Taxation shall refund to any person holding a license for the operation of coin-operated devices on a pro rata basis, the portion of any license fees previously paid the commission for licenses which extend beyond July first of the year after the referendum."

SECTION 2. This act takes effect upon approval by the Governor.