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TO AMEND SECTION 12-21-3920, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN CONNECTION WITH THE REGULATION OF BINGO, SO AS TO NOTE THAT A REFERENCE TO THE "ORGANIZATION" MEANS THE NONPROFIT ORGANIZATION LICENSED TO SPONSOR THE GAME OF BINGO; TO AMEND SECTIONS 12-21-4020, AS AMENDED, 12-21-4090, AND 12-21-4190, ALL RELATING TO THE REGULATION OF THE GAME OF BINGO, ALL SO AS TO SUBSTITUTE "ORGANIZATION" FOR "CHARITY"; AND TO AMEND SECTION 12-21-4295, RELATING TO THE EXPENDITURE OF PROCEEDS AFTER EXPENSES DERIVED FROM THE GAME OF BINGO, SO AS TO REQUIRE THAT THE NONPROFIT ORGANIZATION CONDUCTING THE GAME SPEND ITS PROCEEDS AFTER EXPENSES IN THE COUNTY AND FOR THE BENEFIT OF THE COUNTY WHICH IS THE SITE OF THE GAME.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 12-21-3920(5) of the 1976 Code is amended to read:
"(5) 'Nonprofit organization' means an entity
which that is organized and operated exclusively for charitable, religious, or fraternal purposes and 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). A reference in this article to the 'organization' means the nonprofit organization licensed to sponsor the game of bingo."
SECTION 2. Section 12-21-4020(3)(d) of the 1976 Code, as last amended by Act 334 of 2002, is further amended to read:
"(d) all equipment used to operate a game of bingo
, including chairs, tables, and other equipment , must be owned by the charity organization;"
SECTION 3. Section 12-21-4090(J) of the 1976 Code is amended to read:
"(J) A licensed organization that has stopped conducting bingo and has unexpended bingo funds shall disburse those funds within one year after the date it ceases to conduct bingo to a charitable purpose or other purposes for which the organization was established.
within one year after the date it ceases to conduct bingo. However, unexpended Unexpended funds to be used for a building fund may be retained for this that purpose. The organization shall file a report with the department showing the establishment of a building fund, the amount of money from the special account to be retained for that purpose, and other information the department may consider necessary. If the organization is identified as a fictitious charity after originally licensed, any payments due the charity organization revert to the general fund."
SECTION 4. Section 12-21-4190(B)(1) of the 1976 Code is amended to read:
"(1) twenty-six percent of the revenue must be distributed to the
sponsoring charity licensed organization for which the bingo cards were purchased. The department shall make the distribution to the sponsoring charity licensed organization by the last day of the next month following the month the revenue was collected. Distributions under this subsection must be reduced by any delinquent debts as defined in the Setoff Debt Collection Act;"
SECTION 5. Section 12-21-4295 of the 1976 Code is amended to read:
"Section 12-21-4295. Proceeds after expenses derived from the game of bingo within South Carolina must not be expended for the benefit of charitable organizations located outside this State
., and the nonprofit organization conducting the game of bingo must expend its proceeds after expenses within the county and for the benefit of the county which is the site of the game of bingo it conducts."
SECTION 6. This act takes effect upon approval by the Governor.
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