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Bill 3070

                    Current Status

Bill Number:                      3070
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  19990112
Primary Sponsor:                  Kirsh
All Sponsors:                     Kirsh, Simrill
Drafted Document Number:          l:\council\bills\bbm\10023htc99.doc
Residing Body:                    House
Current Committee:                Ways and Means Committee 30 HWM
Subject:                          Coin-operated devices, tax of fifty 
                                  percent imposed on net income from; school 
                                  districts construction; Gambling


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   19990112  Introduced, read first time,           30 HWM
                  referred to Committee
House   19981209  Prefiled, referred to Committee        30 HWM


                             Versions of This Bill

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-2777 SO AS TO IMPOSE A FIFTY PERCENT TAX ON NET INCOME FROM VIDEO GAME MACHINES WITH A FREE PLAY FEATURE, TO PROVIDE FOR THE PROCESS FOR ENFORCEMENT AND COLLECTION OF THE TAX, AND TO PROVIDE THAT THE FIRST ONE HUNDRED FIFTY MILLION DOLLARS IN ANNUAL REVENUE OF THE TAX MUST BE USED FOR PUBLIC SCHOOL CONSTRUCTION AND RENOVATION ON A NEED-BASED FORMULA DEVISED BY THE STATE DEPARTMENT OF EDUCATION WITH THE BALANCE USED TO REDUCE CLASS SIZE TO FIFTEEN STUDENTS IN PUBLIC SCHOOL GRADES K-5.

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

SECTION 1. Article 20, Chapter 21, Title 12 of the 1976 Code is amended by adding:

"Section 12-21-2777. (A) A tax at the rate of fifty percent is imposed on the net income derived from a machine licensed pursuant to Section 12-21-2720(A)(3).

(B) The tax is due and payable on a monthly basis, on or before the twentieth day of the month, and the person liable for the tax on the due date shall make a return to the department, in a form it prescribes, showing the total cash in, total payout, and net machine income for the previous month, and remit the tax with it.

(C) The person making the report required pursuant to Section 12-21-2776(B) is liable for the tax.

(D) Enforcement and collection of this tax are as provided in Chapter 54 of this title.

(E) Revenue of the tax imposed by this section must be credited to the general fund of the State and used only for the following purposes:

(1) the first one hundred fifty million dollars received in a fiscal year must be used for public school construction and renovation projects according to a need-based formula devised by the State Department of Education;

(2) the balance of the revenues from fiscal years must be used to reduce public school class size to fifteen students in grades K-5."

SECTION 2. This act takes effect July 1, 1999.

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