H*4676(Rat #0390, Act #0339 of 1996)  General Bill, By Kirsh
 A Bill to amend Section 12-21-3320, as amended, Code of Laws of South
 Carolina, 1976, relating to regulation of bingo games and definitions, so as
 to revise the definition of "nonprofit organization"; to amend Sections
 12-21-3340, 12-31-3350, and 12-21-3470, relating to the license and promoter's
 license required for bingo operations, and persons prohibited to conduct or
 assist in bingo operations, so as to require the background information
 required for applicants for such licenses to reflect convictions within the
 last twenty years of a felony, gambling offense, criminal fraud, or a crime
 for which a sentence of two or more years may be imposed and also to provide
 that the prohibition on persons conducting or assisting in bingo operations
 who have been convicted of certain offenses applies when the conviction has
 occurred in the past twenty years.-amended title

   02/26/96  House  Introduced and read first time HJ-7
   02/26/96  House  Referred to Committee on Ways and Means HJ-7
   03/21/96  House  Committee report: Favorable Ways and Means HJ-3
   03/27/96  House  Read second time HJ-129
   03/28/96  House  Read third time and sent to Senate HJ-16
   04/02/96  Senate Introduced and read first time SJ-16
   04/02/96  Senate Referred to Committee on Judiciary SJ-16
   04/24/96  Senate Committee report: Favorable with amendment
                     Judiciary SJ-30
   05/01/96  Senate Amended SJ-23
   05/01/96  Senate Read second time SJ-23
   05/02/96  Senate Read third time and returned to House with
                     amendments SJ-18
   05/08/96  House  Concurred in Senate amendment and enrolled HJ-33
   05/14/96         Ratified R 390
   05/20/96         Signed By Governor
   05/20/96         Effective date 05/20/96
   06/04/96         Copies available
   06/04/96         Act No. 339

AN ACT TO AMEND SECTION 12-21-3320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF BINGO GAMES AND DEFINITIONS, SO AS TO REVISE THE DEFINITION OF "NONPROFIT ORGANIZATION"; TO AMEND SECTIONS 12-21-3340, 12-21-3350, AND 12-21-3470, RELATING TO THE LICENSE AND PROMOTER'S LICENSE REQUIRED FOR BINGO OPERATIONS, AND PERSONS PROHIBITED TO CONDUCT OR ASSIST IN BINGO OPERATIONS, SO AS TO REQUIRE THE BACKGROUND INFORMATION REQUIRED FOR APPLICANTS FOR SUCH LICENSES TO REFLECT CONVICTIONS WITHIN THE LAST TWENTY YEARS OF A FELONY, GAMBLING OFFENSE, CRIMINAL FRAUD, OR A CRIME FOR WHICH A SENTENCE OF TWO OR MORE YEARS MAY BE IMPOSED AND ALSO TO PROVIDE THAT THE PROHIBITION ON PERSONS CONDUCTING OR ASSISTING IN BINGO OPERATIONS WHO HAVE BEEN CONVICTED OF CERTAIN OFFENSES APPLIES WHEN THE CONVICTION HAS OCCURRED IN THE PAST TWENTY YEARS.

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

Definition of nonprofit

SECTION 1. Section 12-21-3320(5) of the 1976 Code, as added by Act 188 of 1989, is amended to read:

"(5) `Nonprofit organization' means an entity which is organized and operated exclusively for charitable, religious, or fraternal purposes which is exempt from federal income taxes pursuant to Internal Revenue Code Section 501(c)(3), 501(c)(4), 501(c)(8), 501(c)(10), or 501(c)(19)."

Bingo license

SECTION 2. Section 12-21-3340 of the 1976 Code is amended to read:

"Section 12-21-3340. (A) To conduct bingo, an applicant nonprofit organization shall file with the commission a written application in a form prescribed by the commission, executed and notarized which must include:

(1) the name and address of the applicant and sufficient facts relating to its incorporation and organization to enable the commission to determine whether it is an authorized organization;

(2) a copy of the organization's corporate charter and the Internal Revenue Service's statement exempting the applicant from federal income taxes as either a 501(c)(3), 501(c)(8), or 501(c)(10) organization;

(3) the names and addresses of the organization's officers;

(4) the place where and the times when the applicant intends to conduct bingo under the license applied for;

(5) the specific purpose to which the bingo net proceeds are to be devoted;

(6) the designation of a `promoter' as defined by this article;

(7) a copy of any contract or lease between a promoter and the applicant;

(8) the name, address, and social security number of each person who will work at the proposed bingo games and receive compensation for the work, the nature of the work to be performed, and a statement as to whether or not the person has been convicted within the last twenty years of a felony, gambling offense, criminal fraud, or a crime that has a sentence of two or more years;

(9) submit a sample ticket, Class AA or B, for approval and the name and address of the printer;

(10) submit the name and address of the financial institution where the special accounts are established. The account numbers also must be submitted;

(11) other information considered necessary by the commission.

(B) Upon application for a license, the commission has thirty days to approve or reject the application based on the requirements of this article.

(C) Each applicant or licensee is required to file a renewal application each year submitting all the information and documentation required by this section.

(D) The nonprofit organization is required within thirty days to notify the commission, in writing, of any changes in the information supplied on the application."

Bingo promoter's license

SECTION 3. Section 12-21-3350 of the 1976 Code is amended to read:

"Section 12-21-3350. (A) A promoter under contract with a licensee to manage, operate, or conduct a game shall file a written application for a promoter's license in a form prescribed by the commission, properly executed and notarized which must include:

(1) the name, address, and social security number of the promoter or of each officer if the promoter is a corporation;

(2) a copy of the promoter's contract or lease with the nonprofit organization;

(3) the name and address and social security number of any person working for the promoter at the bingo game and receiving compensation for the work;

(4) a notarized statement as to whether or not the applicant for a promoter's license or any of his employees has been convicted within the last twenty years of a felony, gambling offense, criminal fraud, or a crime that has a sentence of two or more years.

(B) Upon application for a license, the commission has thirty days to approve or reject the application based on the requirements of this article.

(C) Each promoter is required to file a renewal application each year submitting all the information and documentation required by this section.

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

A promoter shall obtain a promoter's license for each organization for which he operates bingo games.

(E) The promoter is required within thirty days to notify the commission, in writing, of any changes in the information supplied on the application."

Persons prohibited

SECTION 4. Section 12-21-3470 of the 1976 Code is amended to read:

"Section 12-21-3470. A person who has been convicted within the last twenty years of violating a state or federal statute relating to gaming or gambling, a crime that has a sentence of two or more years, or, where applicable, whose promoter's license has been revoked by the commission is not permitted to manage or conduct a game or assist in any manner with the bingo operation."

Time effective

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

Approved the 20th day of May, 1996.