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RECALLED
January 13, 1999
S. 3
Introduced by Senators Rankin, Elliott, Moore, Drummond, Holland, Saleeby, J. Verne Smith, Land, Setzler, Leventis, Bryan, Matthews, Patterson, McGill, O'Dell, Passailaigue, Washington, Reese, Ford, Glover, Jackson, Lander, Short, Hutto, Anderson, Elliott, Ryberg, Giese and Wilson
S. Printed 1/13/99--S.
Read the first time January 12, 1999.
TO AMEND CHAPTER 19, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMES AND OFFENSES, BY ADDING SECTION 16-19-180 SO AS TO PROHIBIT THE OPERATION OF CASINO GAMBLING ON BOATS, SHIPS, OR OTHER WATERCRAFT WHICH EMBARK, SAIL, AND DISEMBARK WITHIN SOUTH CAROLINA'S BORDERS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 19 of Title 16 of the 1976 Code is amended by adding:
"Section 16-19-180. (A) The repair, transportation, possession or operation of a gambling device on a casino boat that is allowed under federal law pursuant to 15 U.S.C. Section 1175(b)(2)(A)-(B), the Johnson Act, as amended in 1992, is unlawful in South Carolina. It is therefore expressly prohibited to repair, transport, possess, or operate a gambling device on a casino boat within the boundaries of the State if the use of the gambling device occurs on a portion of the voyage that is not within the state boundaries and the device remains on board while the casino boat is within the state boundaries.
(B) The repair, transportation, or operation of a gambling device on a casino boat that is not within the state boundaries is illegal if the voyage or segment of the voyage begins and ends in this State.
(C) It is unlawful for a person, within this State, to solicit, entice, induce, persuade or procure, or to aid in soliciting, enticing, inducing, persuading or procuring any person to visit any gambling ship, whether such casino boat be within or without the jurisdiction of the State.
(D) It is unlawful for a person, firm, association or corporation to transport, convey or carry, or to utilize any means of conveyance in transporting, conveying or carrying any person to any gambling ship, whether such casino boat is within or without the jurisdiction of the State.
(E) As used in this section:
(1) `Operation' means to manage, supervise, control, or own, either alone or in association with others, any casino boat which embarks from any point within this State, and disembarks at the same or another point within this State, and during the time of navigation, sailing, or cruising, the person intentionally causes or knowingly permits gambling, whether within or without the waters of the State.
(2) `Casino boat' means a boat, ship, vessel, watercraft or barge kept, operated or maintained for the purpose of gambling, with one or more gaming establishments aboard, that carries or operates gambling devices for the use of its passengers or otherwise provides facilities for the purpose of gambling, whether within or without the jurisdiction of this State, and whether it is anchored, berthed, lying to, or navigating and the sailing, voyaging or cruising or any segment of the sailing, voyaging or cruising begins and ends within this State.
(3) `Means of conveyance' means a boat, ship, vessel, watercraft, barge, airplane, helicopter, seaplane or aircraft upon floats whether such craft is within or without the jurisdiction of the this State, and from which craft any person is transported, conveyed, or carried to any casino boat, whether the casino boat is within or without the jurisdiction of this State.
(4) `Gambling' or `gambling device' means a game of chance and includes, but is not limited to, slot machines, punch boards, video poker or black jack machines, keeno, roulette, craps, or any other gaming table type gambling or poker, blackjack or any other card gambling game.
(5) 'Gaming' means the conduct of gambling for money or any other thing of value including accepting, recording or registering bets; carrying on a policy game or any other lottery; or playing any game of chance.
(6) 'Gaming establishment' or 'gaming facilities' means any common gaming or gambling area aboard a vessel, operated for the purpose of gaming or gambling.
(F) This section shall not apply to gambling activity conducted on a United States-flagged or foreign-flagged craft during travel from a foreign nation or another state or possession of the United States up to the point of first entry into South Carolina waters or during travel to a foreign nation or another state or possession of the United States from the point of departure from South Carolina waters.
(G) Nothing in this section shall be construed to repeal or modify existing state law relating to gambling. This section does not repeal or modify existing state law with regard to bingo or the operation of a device or machine pursuant to Section 12-21-2720(A)(3).
(H) A person convicted of operating a casino boat is guilty of a felony and must be fined not less than one thousand dollars but not more than five thousand dollars or imprisoned for not less than one year but not more than five years, or both.
(I) In addition, upon conviction, the court of competent jurisdiction shall enter an order directing the seizure, forfeiture, and sale of the casino boat along with all of its gear, engines, tackle, and all other nautical, navigational, and safety equipment and its apparel and furniture. Any means of conveyance to and from the casino boat shall also be ordered seized, forfeited, and sold. The proceeds of the sale of the casino boat and any means of conveyance shall be applied, in order, to the fees and costs of the seizure and sale, with the balance of the proceeds if any, paid into the state general fund."
SECTION 2. This act takes effect upon approval by the Governor.
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