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A172, R195, H3986
Sponsors: Rep. Cooper
Document Path: l:\council\bills\dka\3423dw03.doc
Introduced in the House on April 9, 2003
Introduced in the Senate on May 6, 2003
Last Amended on June 5, 2003
Passed by the General Assembly on January 15, 2004
Governor's Action: February 18, 2004, Signed
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 4/9/2003 House Introduced and read first time HJ-74 4/9/2003 House Referred to Committee on Ways and Means HJ-75 4/23/2003 House Committee report: Favorable with amendment Ways and Means HJ-33 4/25/2003 Scrivener's error corrected 4/29/2003 House Requests for debate-Rep(s). Pinson, JE Smith, Bingham, Quinn, Bales, Duncan, Jennings, Merrill, EH Pitts, Harrell, Neilson, Hosey, Miller, JE Brown and Hayes HJ-67 4/30/2003 House Amended HJ-73 4/30/2003 House Debate adjourned until Thursday, May 1, 2003 HJ-78 5/1/2003 House Amended HJ-25 5/1/2003 House Read second time HJ-26 5/1/2003 House Roll call Yeas-81 Nays-4 HJ-26 5/1/2003 House Unanimous consent for third reading on next legislative day HJ-26 5/2/2003 House Read third time and sent to Senate HJ-1 5/6/2003 Senate Introduced and read first time SJ-10 5/6/2003 Senate Referred to Committee on Finance SJ-10 6/3/2003 Senate Committee report: Favorable with amendment Finance SJ-44 6/4/2003 Senate Read second time SJ-93 6/4/2003 Senate Ordered to third reading with notice of amendments SJ-93 6/5/2003 Senate Amended SJ-191 6/5/2003 Scrivener's error corrected 6/5/2003 Senate Read third time and returned to House with amendments SJ-191 1/15/2004 House Concurred in Senate amendment and enrolled HJ-293 2/12/2004 Ratified R 195 2/18/2004 Signed By Governor 2/26/2004 Copies available 2/26/2004 Effective date 08/02/03 3/1/2004 Act No. 172
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VERSIONS OF THIS BILL
(A172, R195, H3986)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 12-21-4007 AND 12-21-4009 SO AS TO ADD SPECIFICATIONS FOR A SITE SYSTEM AND ELECTRONIC BINGO DABBER AND PROVIDE FOR THE LIMITED USE OF AN ELECTRONIC OR MECHANICAL DEVICE DESIGNED FOR A BINGO GAME; TO AMEND SECTION 12-21-3920, AS AMENDED, RELATING TO DEFINITIONS USED IN CONNECTION WITH PLAYING BINGO, SO AS TO CHANGE THE DEFINITION OF "CARD" TO COMPLY WITH PROVISIONS WHEN AN ELECTRONIC DABBER IS USED AND TO ADD DEFINITIONS FOR "ELECTRONIC DABBER" AND "SITE SYSTEM"; TO AMEND SECTION 12-21-3990, AS AMENDED, RELATING TO THE MANNER OF PLAYING BINGO, SO AS TO CHANGE THE TIME THE AMOUNT OF THE PRIZE MUST BE ANNOUNCED AND THE AMOUNT OF THE PRIZE; TO AMEND SECTION 12-21-4000, AS AMENDED, RELATING TO BINGO PROCEDURES AND THE VARIOUS CLASSES OF A BINGO LICENSE, SO AS TO REQUIRE WINNING CONFIGURATION TO BE VERIFIED USING AN ELECTRONIC VERIFYING SYSTEM AND DISPLAYED FOR ALL PLAYERS TO SEE; TO AMEND SECTION 12-21-4020, AS AMENDED, RELATING TO THE RIGHT TO A CONFERENCE FOLLOWING A VIOLATION, SO AS TO REQUIRE THE DEPARTMENT OF REVENUE TO RESPOND IN WRITING AND SPECIFY WHAT INFORMATION MUST BE INCLUDED IN THE RESPONSE; TO AMEND SECTION 12-21-3940 RELATING TO THE LICENSE REQUIRED FOR A NONPROFIT CORPORATION TO CONDUCT A GAME OF BINGO, SO AS TO PROHIBIT THE ISSUANCE OF A LICENSE TO PLAY BINGO AT AN ESTABLISHMENT LICENSED TO SELL MINI BOTTLES; BY ADDING SECTION 12-21-4011 SO AS TO AUTHORIZE FEDERALLY-RECOGNIZED INDIAN TRIBES THAT MAY CONDUCT BINGO GAMES IN THIS STATE TO USE HARDWIRE TECHNOLOGY FOR BINGO PLAY UNDER CERTAIN CONDITIONS; BY ADDING SECTION 12-21-3935 SO AS TO PROVIDE THAT NOTHING IN ARTICLE 24, CHAPTER 21, TITLE 12 MAY BE CONSTRUED TO AUTHORIZE THE PLAYING OF VIDEO POKER; BY ADDING SECTION 12-21-4275 SO AS TO PROHIBIT THE TRANSFER OF A BINGO CARD OR TICKET BY A MANUFACTURER OR BINGO TICKET MANUFACTURER TO A PERSON OTHER THAN A LICENSED DISTRIBUTOR; TO AMEND SECTION 12-21-4200 RELATING TO THE DISBURSEMENT OF REVENUES FROM TAXES AND FEES IMPOSED FOR THE LICENSING OF BINGO, SO AS TO PROVIDE THAT A PORTION OF THESE REVENUES MUST BE ANNUALLY TRANSFERRED TO THE COMMISSION OF MINORITY AFFAIRS; TO AMEND SECTION 12-6-3365, RELATING TO CORPORATE INCOME TAX MORATORIUM FOR JOB CREATION, SO AS TO INCLUDE A MORATORIUM ON INSURANCE PREMIUM TAX, TO REVISE THE DATA USED FOR COMPUTING A COUNTY'S UNEMPLOYMENT RATE AND TO PROVIDE THAT THE DEPARTMENT NAME THE MORATORIUM COUNTIES, EFFECTIVE FOR THE TAXABLE YEAR BEGINNING THE FOLLOWING CALENDAR YEAR; AND TO REPEAL SECTION 12-10-35 RELATING TO A MORATORIUM ON STATE CORPORATE INCOME TAXES.
Be it enacted by the General Assembly of the State of South Carolina:
Site system and electronic dabber specifications
SECTION 1. Chapter 21, Title 12 of the 1976 Code is amended by adding:
"Section 12-21-4007. (A) A site system and an electronic dabber must meet the following specifications:
(1) A site system must:
(a) record a nonresetable electronic consecutive six digit receipt number for each transaction;
(b) issue a player a receipt for each transaction containing the:
(i) name of a site or organization;
(ii) date and time of transaction;
(iii) number of electronic bingo card images downloaded or activated;
(iv) selling price of a card or package, gross proceeds, and receipt number; and
(v) serial number of device issued to a player;
(c) print a summary report for each session containing:
(i) the date and time of the report;
(ii) the name of site;
(iii) the date of the session;
(iv) the sequential session number;
(v) the number of transactions;
(vi) the number of voided transactions;
(vii) the number of electronic bingo card images downloaded or activated;
(viii) the number of devices used;
(ix) the total gross proceeds; and
(x) any other information required by the department.
(2) An electronic dabber:
(a) must be a portable hand-held unit and must not be wired directly to a site system;
(b) must be used in conjunction with a bingo ticket purchased from the house which entitles the player to mark his cards electronically rather than using paper cards and marking them manually;
(c) must have no more than one hundred eighty faces to be played on each game when used in a class 'B' game and no more than three hundred faces to be played on each game when used in a class 'AA' game;
(d) must require a player to manually enter each bingo number called;
(e) must display a player's best card or a winning card and alert only that player through an audio or video method, or both, that the player has a winning card;
(f) must erase automatically all stored cards at the end of the last game of a session or when the device is turned off;
(g) must be downloaded or activated with new cards at the beginning of each session;
(h) must be used only for one unit for each player, at any time during the bingo session. A player may purchase additional cards to be marked manually, but not for use with an electronic dabber;
(i) must not be a video lottery machine, video gaming machine, or other device prohibited by Section 12-21-2710;
(j) must not be used or be capable of being used to play a game other than bingo as authorized by this article; and
(k) must not be used or be capable of being used in an activity prohibited by Section 16-19-40 or 16-19-50.
(B) The department's representatives may examine and inspect any site system and related equipment, electronic dabber and related equipment, or other machine or device used in the conduct of bingo by the promoter, nonprofit organization, or player. The examination and inspection must include immediate access to the electronic dabber and unlimited inspection of all parts, equipment, and associated systems.
(C) A player may exchange a defective electronic dabber for another provided a disinterested player verifies that the electronic dabber is not functioning.
(D) The bingo ticket as defined in Section 12-21-3920(3) must be perforated and allows both the player and the house to retain a copy. The ticket must be sold at face value. Only the number of faces printed on the bingo ticket may be downloaded or activated into the electronic dabber, no more or less, and at no time may bingo cards be sold for use with an electronic dabber and bingo ticket in matching face value or for any other purpose. The bingo tickets must be purchased on a bingo voucher only through a distributor licensed in this State. The bingo ticket must be torn in two along the perforation required in this subsection and the player must be given one part of the ticket and the house must retain the other part of the ticket for its books and records.
(E) After completion of each session the organization shall generate an activity report containing the number of electronic dabbers used in the session along with the house receipts for each bingo ticket sold. This report must be printed and maintained with the daily reports of the bingo session held.
Section 12-21-4009. The use of an electronic or mechanical device designed for a bingo game authorized pursuant to this chapter must be limited to a bingo promoter and the promoter's employees or any other person authorized by law to conduct bingo only in order to facilitate bingo play in the location licensed for bingo play pursuant to law, and this machine must not dispense as a prize coins or currency. The operation of the bingo games excludes machines and lottery games, including video poker lottery games, prohibited by Sections 12-21-2710, 16-19-40, and 16-19-50."
Definition of "card"
SECTION 2. Section 12-21-3920(3) of the 1976 Code is amended to read:
"(3) 'Card' means a printed or nonprinted design on which there are arranged five horizontal rows and five vertical columns forming twenty-five squares. Numbers are printed in twenty-four of the squares, and the term 'free', 'free square', or 'free space' is printed in the square or space located in the center of the card. The five columns are denominated from left to right by the respective letters of the word 'B-I-N-G-O'. Each square in the 'B' column contains a number from one through fifteen inclusive; each square in the 'I' column contains a number from sixteen through thirty inclusive; except for the center space which is marked as free, each square in the 'N' column contains a number from thirty-one through forty-five inclusive; each square in the 'G' column contains a number from forty-six through sixty inclusive; and each square in the 'O' column contains a number from sixty-one through seventy-five inclusive. A number may not appear twice on the same card. A nonprinted design is a bingo ticket for use only with an electronic dabber. The bingo ticket is a perforated two-part ticket and must bear a sequential serial ticket number, the South Carolina state seal, denomination, number of faces authorized for download or activation, the Department of Revenue issued organization license number, and other information that may be required by the department. The ticket must have designated blanks for entry of the date sold and electronic dabber unit number supplied. Bingo tickets must be printed by a bingo ticket manufacturer licensed by the department and must be sold only by a distributor licensed by the department. Bingo tickets must meet the design and requirements of the department. Bingo tickets may be used only by a promoter or nonprofit organization if the ticket has been approved by the department. A license for a bingo ticket manufacturer costs one thousand dollars. A manufacturer of bingo cards or electronic dabbers or site systems, a distributor, a promoter, or a nonprofit organization may not have an interest, direct or indirect, in a bingo ticket manufacturer. The bingo ticket manufacturer must maintain records as required by the department."
Definition of electronic dabber and site system
SECTION 3. Section 12-21-3920 of the 1976 Code is amended by adding:
"(20) 'Electronic dabber' means a hand-held electronic device that allows a player to store, display, and mark bingo card faces that have been downloaded or activated as authorized by the bingo ticket. All electronic dabbers must be tested and approved by an independent testing facility to be determined by the department within forty-five days of a written request. All costs for testing are the responsibility of the manufacturer wishing to sell, lease, rent, or otherwise distribute the electronic dabber in South Carolina for the conduct of bingo. The sole and exclusive determination as to whether an electronic dabber meets the requirements of this chapter rests with the department in its sole discretion. If this determination is appealed, the promoter and nonprofit organization may not use the electronic dabber during the pendency of the appeal.
(21) 'Site system' means a computer accounting system commonly referred to as a point of sale system used in conjunction with electronic dabbers. This computer software must be used at a site by an organization which allows a bingo ticket purchased from a licensed distributor to authorize the download or activation of faces into the electronic dabbers, accounts for gross proceeds, and provides accounting information on all activity for one year from the end of the quarter in which the activity occurred. All site systems and electronic dabbers must be tested and approved by an independent testing facility to be determined by the department within forty-five days of written request. All costs for testing are the responsibility of the manufacturer wishing to sell, lease, rent, or otherwise distribute the site system in South Carolina for the conduct of bingo. The sole and exclusive determination as to whether a site system meets the requirements of this chapter rests with the department in its sole discretion. If this determination is appealed, the promoter and nonprofit organization may not use the site system during the pendency of the appeal."
SECTION 4. Section 12-21-3990(A)(2) of the 1976 Code, as last amended by Act 334 of 2002, is further amended to read:
"(2) Before each game begins, the caller shall announce to the players the configuration or configurations that will win the game. A configuration consists of a number of grids covered in the manner announced by the caller. Any method of playing the games is allowed if the method is announced before each game's beginning including, but not limited to, wild card games. In addition, anytime before the conclusion of the game, the prize, specifically stating the dollar amount or value of merchandise awarded to the winner or winners for the game, must be announced."
Verification of winning configurations
SECTION 5. Section 12-21-4000(8) of the 1976 Code is amended to read:
"(8) The prize must be awarded to the first person who successfully achieves the winning configuration of covered squares. All winning configurations must be verified using an electronic verifying system and must be displayed on the monitor for all players to see."
Procedure for seeking a clarification
SECTION 6. Section 12-21-4120 of the 1976 Code, as last amended by Act 334 of 2002, is further amended to read:
"Section 12-21-4120. An organization or a promoter seeking clarification on the play of or operation of a bingo game shall submit to the department's bingo regulatory section a written request seeking a determination as to whether or not a certain or specific action constitutes a violation. A conference may be requested upon the receipt of the clarification request. The department shall respond, in writing, to the party requesting the clarification, citing specific statutes which disqualify an action and, when applicable, citing actions that are authorized pursuant to the laws of this State. A response or any failure to respond is not grounds for estoppel nor does it grant any rights to the organization or promoter seeking a clarification. An organization or a promoter found in violation of the provisions of this article and assessed additional taxes, penalties, fines, or interest is entitled to a conference upon request."
Prohibition on issuing license
SECTION 7. Section 12-21-3940 of the 1976 Code is amended by adding a new subsection to read:
"(D) A license must not be issued for conducting a game of bingo at an establishment holding a license pursuant to the provisions of Section 61-6-1820."
Indian tribes may use hardwire technology
SECTION 8. Chapter 21, Title 12 of the 1976 Code is amended by adding:
"Section 12-21-4011. Notwithstanding any provision of law, federally-recognized Indian tribes authorized to conduct bingo games in South Carolina may use hardwire technology for bingo play, if the hardwire technology complies with the same restrictions and meets the same requirements and testing required of electronic dabbers and site systems as provided in this chapter."
Video poker play not allowed
SECTION 9. Article 24, Chapter 21, Title 12 of the 1976 Code is amended by adding:
"Section 12-21-3935. Nothing in this article may be construed to allow video poker play and the prohibitions regarding video poker in Sections 12-21-2710, 16-19-40, and 16-19-50 apply."
Transfer of bingo card or ticket not authorized to unlicensed distributor
SECTION 10. Chapter 21, Title 12 of the 1976 Code is amended by adding:
"Section 12-21-4275. The transfer of a bingo card or ticket by a manufacturer or bingo ticket manufacturer to a person other than a licensed distributor is prohibited. The transfer of a bingo card or ticket by a distributor to a person other than a licensed bingo promoter or a licensed bingo nonprofit organization is prohibited. The transfer of a bingo card or ticket by a distributor to a promoter or bingo nonprofit organization that does not have a voucher covering the bingo ticket or bingo card is prohibited."
SECTION 11. Section 12-21-4200(3) of the 1976 Code is amended to read:
"(3) Seventy-two and fifteen one-hundredths percent of the annual revenue derived from the provisions of Section 12-21-4190(2) must be deposited with the State Treasurer and credited to the general fund, except that the first one hundred thirty-one thousand of such revenues each year must be transferred to the Commission on Minority Affairs."
SECTION 12. A. Section 12-6-3365(A), (B), and (C) of the 1976 Code, as added by Act 277 of 2000, is amended to read:
"(A) A taxpayer creating and maintaining at least one hundred full-time new jobs, as defined in Section 12-6-3360(M), at a facility of a type identified in Section 12-6-3360(M) may petition, utilizing the procedure in Section 12-6-2320(B), for a moratorium on state corporate income or insurance premium taxes imposed pursuant to Section 12-6-530 for the ten taxable years beginning the first full taxable year after the taxpayer qualifies and ending either ten years from that year or the year when the taxpayer's number of full-time new jobs falls below one hundred, whichever is earlier.
(B) To qualify for the moratorium pursuant to subsection (A), a taxpayer shall create at least one hundred full-time new jobs at a facility in a county:
(1) with an average annual unemployment rate of at least twice the state average during the last twenty-four months, based on the unemployment rate data on November first or that is one of the three lowest per capita income counties, based on the average of the three most recent completed calendar years of per capita income data that are available on November first; and
(2) in which at least ninety percent of the taxpayer's total investment in this State is located.
(C) The moratorium applies to that portion of the taxpayer's corporate income or premium tax that represents the ratio of the company's new investment in the qualifying county to its total investment in this State."
B. Section 12-6-3365 of the 1976 Code, as added by Act 277 of 2000, is amended by adding at the end:
"(G) The department shall designate the moratorium counties by December thirty-first each year using data from the South Carolina Employment Security Commission and the United States Department of Commerce. The designations are effective for taxable years that begin in the following calendar year."
C. Section 12-10-35 of the 1976 Code is repealed.
D. Notwithstanding the general effective date of this act, this section takes effect upon approval by the Governor. The repeal of Section 12-10-35 takes effect upon approval of this act by the Governor and applies to tax years beginning after 2003; the repeal does not affect a moratorium in effect on that date.
SECTION 13. Upon approval by the Governor, this act takes effect August 2, 2003.
Ratified the 12th day of February, 2004.
Approved the 18th day of February, 2004.
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