S 867 Session 112 (1997-1998)
S 0867 General Bill, By Drummond and Courson
Similar(S 853, H 4345)
A BILL TO AMEND SECTION 12-21-2720, AS AMENDED, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO LICENSES REQUIRED FOR COIN-OPERATED DEVICES OR
MACHINES, SO AS TO DELETE REFERENCES TO CODE SECTIONS REPEALED BY THIS ACT; TO
REPEAL ARTICLE 20, CHAPTER 21, TITLE 12, THE VIDEO GAME MACHINES ACT; TO
REPEAL SECTION 16-19-60 RELATING TO THE NONAPPLICATION OF THE GAMBLING
OFFENSES TO COIN-OPERATED NONPAYOUT MACHINES WITH A FREE PLAY FEATURE, TO
AUTHORIZE PRO RATA REFUNDS FOR LICENSE FEES PAID ON COIN-OPERATED MACHINES
WITH A FREE PLAY FEATURE LICENSED ON THE EFFECTIVE DATE OF THIS ACT, AND TO
MAKE THESE PROVISIONS PROHIBITING VIDEO POKER PAYOUTS EFFECTIVE ONLY IF A
MAJORITY OF THE QUALIFIED ELECTORS VOTING IN A REFERENDUM HELD AT THE TIME OF
THE GENERAL ELECTION OF 1998 FAVOR THIS PROHIBITION.
12/15/97 Senate Prefiled
12/15/97 Senate Referred to Committee on Finance
01/14/98 Senate Introduced and read first time SJ-17
01/14/98 Senate Referred to Committee on Finance SJ-17
A BILL
TO AMEND SECTION 12-21-2720, AS AMENDED, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSES
REQUIRED FOR COIN-OPERATED DEVICES OR MACHINES,
SO AS TO DELETE REFERENCES TO CODE SECTIONS
REPEALED BY THIS ACT; TO REPEAL ARTICLE 20,
CHAPTER 21, TITLE 12, THE VIDEO GAME MACHINES ACT;
TO REPEAL SECTION 16-19-60 RELATING TO THE
NONAPPLICATION OF THE GAMBLING OFFENSES TO
COIN-OPERATED NONPAYOUT MACHINES WITH A FREE
PLAY FEATURE, TO AUTHORIZE PRO RATA REFUNDS FOR
LICENSE FEES PAID ON COIN-OPERATED MACHINES WITH
A FREE PLAY FEATURE LICENSED ON THE EFFECTIVE
DATE OF THIS ACT, AND TO MAKE THESE PROVISIONS
PROHIBITING VIDEO POKER PAYOUTS EFFECTIVE ONLY IF
A MAJORITY OF THE QUALIFIED ELECTORS VOTING IN A
REFERENDUM HELD AT THE TIME OF THE GENERAL
ELECTION OF 1998 FAVOR THIS PROHIBITION.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Section 12-21-2720((C) of the 1976 Code, as last
amended by Section 54C, Part II, Act 155 of 1997, is further
amended to read:
"(C) The owner or operator of any coin-operated device
which is exempt from Section 16-19-60 and is subject to
licensing under Section 12-21-2720(A)(3) and which has
multi-player stations, shall purchase a separate license for each such
station and any such multi-player station counts as a machine
when determining the number of machines authorized for licensure
under Section 12-21-2804(A)."
SECTION 2. Article 20, Chapter 21, Title 12 of the 1976 Code is
repealed.
SECTION 3. Section 16-19-60 of the 1976 Code is repealed.
SECTION 4. After the effective date of this act, the South Carolina
Department of Revenue, upon application, shall issue pro rata refunds
of license fees on machines licensed pursuant to Section
12-21-2720(A)(3) of the 1976 Code as of the effective date of this
act.
SECTION 5. (A) A statewide referendum must be held at the time
of the 1998 general election to ascertain whether or not video poker
payouts are prohibited. The State Election Commission must place
the question contained in subsection B of this section on the
referendum ballot. The state election laws shall apply to the
referendum, mutatis mutandis. The State Board of Canvassers shall
publish the results of the referendum and certify them to the Secretary
of State, the Speaker of the House of Representatives, the President
Pro Tempore of the Senate, and the Code Commissioner.
(B) The question put before the qualified electors in the
referendum shall read:
"Should video poker payouts be prohibited?
Yes []
No []
Those voting in favor of the question shall deposit a ballot with a
check or cross mark in the square after the word 'Yes', and those
voting against the question shall deposit a ballot with a check or cross
mark in the square after the word 'No'."
SECTION 6. Section 5 of this act takes effect upon approval by
the Governor. The remaining provisions take effect only if a majority
"yes" vote is certified by the State Election Commission pursuant to
Section 5 of this act and these remaining provisions take effect on the
date the State Election Commission certifies such a vote. If a
majority "no" vote is certified, then the remaining provisions of this
act shall have no force and effect.
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