Staff Portal
casino found 72 times.  |
|
H 4176 Session 126 (2025-2026) H 4176 General Bill, By Murphy, Brewer, Gatch, Stavrinakis, Wetmore, Rutherford, Rose, Robbins, Bernstein, Cobb-Hunter, Bamberg, Govan, Grant, Kirby, Alexander, Garvin, Gilliard and Rivers
Indicates Matter Stricken Indicates New Matter
Committee Report April 30, 2025
H. 4176
Introduced by Reps. Murphy, Brewer, Gatch, Stavrinakis, Wetmore, Rutherford, Herbkersman, W. Newton, Rose, Robbins, Bernstein, Cobb-Hunter, Bamberg, Govan, Grant, Kirby and Alexander
S. Printed 4/30/25--H. [SEC 5/6/2025 12:07 PM] Read the first time March 6, 2025
________
The committee on House Ways and Means To whom was referred a Bill (H. 4176) to amend the South Carolina Code of Laws by enacting the "I-95 Economic and Education Stimulus Act" by adding Chapter 36 to Title 1 so as to establish the South, etc., respectfully Report: That they have duly and carefully considered the same, and recommend that the same do pass with amendment:
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 (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.
B.W. BANNISTER for Committee.
_______
A bill
TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE
"I-95 ECONOMIC AND EDUCATION STIMULUS ACT" by adding chapter 36 to title 1 SO
AS TO ESTABLISH THE SOUTH CAROLINA GAMING COMMISSION THAT MAY AWARD
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act may be cited as the "I-95 Economic and Education Stimulus Act."
SECTION 2. The
General Assembly finds that
SECTION 3. Title 1 of the S.C. Code is amended by adding:
CHAPTER 36
Gaming Commission
Section 1-36-10. As used in this chapter: (1) "Applicant"
means the person selected by the eligible county to seek a (2) " (3) " (4) " (5) " (6) "Commencement
of Gaming" is the date upon which the (7) "Commission" means the South Carolina Gaming Commission. (8)
"Development agreement" means an agreement between the applicant and an
eligible county that meets the requirements of Section 6-31-60(A).
Notwithstanding the term and acreage limitations of a development agreement pursuant
to Section 6-31-40, any development agreement relating to a (9) "Eligible county" means those counties that: (a) contain a section of I-95 within their borders; (b) is classified as a Tier IV county for job tax credit purposes pursuant to Section 12-6-3360(B) as determined by the South Carolina Department of Revenue in Information Letter #23-18; and (c)
have passed an ordinance by the county council requesting the commission to
issue a (10) "Executive director" means the Executive Director of the South Carolina Gaming Commission. (11)
"Economic Impact Study" or "EIS" means a comprehensive market study of the
proposed (12) "Gaming equipment" means any tables, electronic gaming machines or other equipment commonly identified as Class III gaming and authorized by this chapter. Equipment used in connection with Class II gaming, as defined in the 25 C.F.R. Section 502.3, is specifically excluded from this definition. (13)
"Gross Gaming Revenue" or "GGR" is the total amount of money wagered by players
minus the winnings paid out, representing the (14)
"Host county" is the county in which the (15) "Initial license" is the first
(16) "Key personnel" means principals or employees with control over decision making of a licensee to manage and advance the business operations of a licensee in this State. (17)
"Licensee" means the person licensed pursuant to provisions of this chapter
that is ultimately responsible for ownership, development, operation, and
management of the (18) "Lottery" means a game of chance as defined in the South Carolina Education Lottery Act. (19) "Owner" means any person having five percent or more ownership of a licensee. (20)
"Operator" means the person in control of daily operations of the (21) "Person" means an individual, corporation, partnership, unincorporated association, or other legal entity. (22)
"Suitability license" means a certificate issued by the commission finding the
individual meets the qualifications and character requirements as may be
required or established by the regulations of the commission to work for or
with the licensee in the ownership, operation, or management of gaming
activities of the (23)
"Vendor" means any person supplying Class III gaming equipment to the
Section 1-36-20. (A) The ownership,
development, and operation of a licensed (B) A
person may not engage in any activities in this State that require a (C) By
and through this chapter, the State expressly intends that competition for such
licenses and the options available for
Section 1-36-30. (A) There is established the South
Carolina Gaming Commission to provide governance and oversight of (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. Section 1-36-40. (A) The commission shall
appoint an executive director and provide for the compensation of an executive
director which may not be based upon or a function of profitability or revenue
of any (B)(1) The executive director shall direct and supervise all administrative and technical activities as provided for in this chapter, regulations promulgated pursuant to the Administrative Procedures Act, and policies and procedures adopted by the commission. It is the duty of the executive director to: (a) employ and direct necessary personnel; (b) employ by contract and compensate necessary persons and firms, except that such contracts must not be with an entity for the purpose of having that entity undertake the organization and conduct of the commission; (c) prepare a budget for the approval of the commission; (d) report monthly to the board a full and complete statement of revenues and expenses for the preceding six months or such other period as the commission may require; and (e) perform other duties as provided for in this chapter and assigned to the executive director by the commission. (2) The commission shall keep and maintain the licensing fees and application fees to fund the administrative and operational expenses of the commission. (C) The executive director may not contribute to or make independent expenditures relative to the campaign of a candidate for the General Assembly or a statewide constitutional office, to a political party, as defined in Section 8-13-1300, or to a committee, as defined in Section 8-13-1300. An executive director who violates this section must, notwithstanding any contract or agreement to the contrary, be immediately terminated.
Section 1-36-50. (A) The commission shall hire and provide for the compensation of an internal auditor and necessary staff who may be employees of the commission and who are vested with the powers and duties specified by the commission and by law. The internal auditor shall report directly to the commission. Except for the internal auditor, the commission may delegate the hiring of necessary staff to the executive director. (B) Beginning one year after the establishment of the commission, and every three years thereafter, or by the request of ten members of the House of Representatives or five members of the Senate, the Legislative Audit Council shall conduct a management performance audit of the commission. The cost of this audit is an operating expense of the commission.
Section 1-36-60. (A)(1) The initial (2) The term of the initial license must be for a period of fifteen years and may be renewed by the commission for subsequent periods of five years each. (B) The
county council of the eligible county may request the initial license be issued
to a qualified individual or entity, subject to the review and approval of the
commission. No county may have more than one request pending before the
commission for its review of an applicant's eligibility for a (1) a copy of the ordinance requesting the initial license, and the approved and executed development agreement between the eligible county and the applicant; (2) the application of the proposed licensee complying with subsection (C); (3)
the specific site of the proposed (4) an economic impact study meeting the requirements of subsection (D)(5). (C) The
commission shall review and issue a (D) An
applicant for a (1) the identification of each owner associated with the applicant; (2) a national criminal background check for each individual identified in item (1) conducted by the South Carolina Law Enforcement Division or another appropriate law enforcement agency; (3) notice and a description of any final civil judgments obtained against the applicant pertaining to antitrust or security regulation laws of the federal government, of this State or of another state, jurisdiction, province, or country within the past ten years; (4) evidence that establishes the applicant, or individual with control of the applicant has: (a)
at least ten years of experience in (b)
ownership or control of the proposed (c) not served as an elected public official for at least five years prior to the effective date of the development agreement; (d) no felony convictions or, any convictions for bookmaking, or other forms of unlawful gambling in any jurisdiction; and (e) meets the qualifications of an elector under Section 7-5-120; (5)
an economic impact study assuming an investment in real property improvements
and necessary infrastructure improvements in connection with the proposed (a) a market study of gaming within the State; (b) identification of economic impacts on the closest municipality, eligible county, and the State; (c) projected development costs and time frames or phases for development; (d) traffic counts; (e) employment opportunities and impacts therefrom; and (f) projected gross gaming revenues; (6) information, documentation, and assurances concerning financial background and resources as may be required to establish the financial stability, integrity, and responsibility of the applicant and each owner. The commission may consider relevant evidence of financial stability, including requests for tax information from the South Carolina Department of Revenue; (7)
information, documentation, and materials as may be required to establish that
the applicant has sufficient business ability and (E) The commission shall also consider, but may waive in its discretion, whether the applicant or individual with control or ownership has: (1) previously
obtained a (2) previously obtained a license from the State of South Carolina Department of Revenue and remained in good standing during the pendency of that license; (3) has
previously owned or been licensed to place (4) is a resident of the State of South Carolina. (F)
Each person holding a (G) A
person issued a license to operate a (H)(1) A background investigation must be conducted for all principal owners, operators, and key personnel, and the cost of such investigations shall be borne by the commission. (2) The
commission may require that certain persons directly and actively involved in
the administration or supervision of the (a) each person who has five percent or more ownership in or control of the licensed entity; (b) each person who serves in any audit or compliance committees of the licensed entity; and (c) any executive, employee, or agent of a licensee having the power to exercise a significant influence over decisions concerning any part of the operation of a licensee. (3)
Except for those persons ineligible to participate pursuant to this chapter, a
person who is no less than twenty-one years of age or older may participate in (4) The
following individuals or categories of individuals may not, directly or
indirectly, participate in (a) a member, officer, or employee of the commission; (b) with respect to a licensee, a principal owner, partner, member of the board of directors, officer, or supervisory employee with that licensee; (c) with respect to a vendor of a licensee, a principal owner, partner, member of the board of directors, officer, or supervisory employee with a licensee that vendor contracts with; (d)
a contractor, subcontractor, consultant, or employee of a licensee, if the
individual is directly involved in the licensee's operation of (e)
a person subject to a contract with the commission if the contract contains a
provision prohibiting the person from participating in (I) The
commission shall keep all information, records, interviews, reports,
statements, memoranda, or other data supplied to or used by the commission in
the course of its review or investigation of an application for or renewal of a
(J) Upon
review of the application, the commission shall approve or deny an application
for a (K) The
term of the (L) A
licensee may renew its
Section 1-36-70. (A) It is a taxable
privilege to operate a (B)(1) There is imposed upon the adjusted GGR of a licensee a privilege tax of fifteen percent. (2) If a licensee's GGR is negative, such licensee may carry over such negative amount to subsequent months. (C) A
licensee shall complete and submit the return for the preceding month by
electronic communication to the executive director, on or before the fifteenth
calendar day, commencing on the first full calendar month following
commencement of (1) the GGR on all gaming equipment during that month; (2) the tax amount for which the licensee is liable; and (3) any additional information necessary in the computation and collection of the tax on adjusted GGR required by the director. (D) The proceeds from the privilege tax must be credited to the general fund. (E) The
gross gaming revenues of a licensee are not subject to additional state or
local taxation not prescribed by this section including, local business license
taxes, other than state income taxes. Other revenues of a
Section 1-36-80. A person who engages in ownership, operation of a licensed
Section 1-36-90. (A) The commission may expend, pursuant to the provisions of this chapter, monies received from any source, including income from the commission's operations, for effectuating its purposes, including the payment of the initial expenses of organization, administration, and operation of the commission. (B) The commission must be self-sustaining and self-funded. Monies in the state general fund must not be used or obligated to pay the expenses of the commission. (C) The commission may purchase, lease, or lease-purchase goods or services necessary for effectuating the purposes of this chapter. The commission may make procurements to promote and ensure security, honesty, fairness, and integrity in the operation and administration of the commission and the objectives of raising net proceeds for the benefit of the public.
SECTION 4. This act takes effect upon approval by the Governor. ----XX---- This web page was last updated on May 6, 2025 at 12:08 PM |
