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H. 3363
STATUS INFORMATION
General Bill
Sponsors: Reps. Anderson, Harvin and Miller
Document Path: l:\council\bills\gjk\20090sd07.doc
Introduced in the House on January 25, 2007
Currently residing in the House Committee on Judiciary
Summary: Gambling Voyage Act
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 1/25/2007 House Introduced and read first time HJ-23 1/25/2007 House Referred to Committee on Judiciary HJ-23
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND CHAPTER 1, TITLE 54, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY DESIGNATING SECTIONS 54-1-10 THROUGH 54-1-40 AS ARTICLE 1, ENTITLED "GENERAL PROVISIONS" AND BY ADDING ARTICLE 3 ENACTING "THE GAMBLING VOYAGE ACT" SO AS TO MAKE IT UNLAWFUL TO CONDUCT GAMBLING ON CERTAIN VOYAGES, TO PROVIDE DEFINITIONS RELATING TO THESE OFFENSES, TO PROVIDE PENALTIES FOR VIOLATIONS; AND TO REPEAL CHAPTER 11 OF TITLE 3 AND ACT 104 OF 2005 RELATING TO THE GAMBLING CRUISE ACT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. (A) This act may be cited as "The Gambling Voyage Act". It is the intent of the General Assembly in enacting this act to prohibit gambling on any United States or foreign documented vessel in this State and on any United States or foreign documented vessel conducting voyages that begin and end in this State, consistent with the standards specified in 15 U.S.C. 1175(b), commonly referred to as the Johnson Act Amendments of 1992. It is the purpose of this act clearly and unequivocally to authorize the State to prohibit gambling activities on these type of voyages as provided in 15 U.S.C. 1175 et seq.
(B) The General Assembly declares and intends that the provisions of Article 3, Chapter 1 of Title 54 of the 1976 Code, as added in Section 2 of this act, do not apply to passenger cruise liners because passenger cruise liners are vessels principally engaged in destination cruises and are not vessels used primarily for the operation of gambling. Furthermore, passenger cruise liners do not burden the public health or safety of this State because their voyages are infrequent, their cruises are not principally operated for the purpose of gambling, and their itineraries predominantly involve voyages that include one or more intervening stops.
SECTION 2. A. Sections 54-1-10 through 54-1-40 of the 1976 Code are designated Article 1, Chapter 1, Title 54 of the 1976 Code entitled "General Provisions".
B. Chapter 1, Title 54 of the 1976 Code is amended by adding:
Section 54-1-310. (A) As used in this article:
(1) 'Vessel' means every kind of watercraft used or capable of being used as a means of transportation on or in water, as well as any ship, boat, barge, or other watercraft or any other structure capable of floating on or in the water.
(2) 'Gambling' or 'gambling device' means a game of chance and includes, but is not limited to, slot machines, punch boards, video poker, blackjack machines, keeno, or any other video gambling machine, roulette, craps, or any other gaming table type gambling or poker, blackjack, or any other card gambling game.
(3) For purposes of this article, an 'intervening stop' occurs when a vessel departs the jurisdictional waters of this State and sails into United States or international waters, and between the time the vessel departs the jurisdictional waters of this State and the time it returns to the jurisdictional waters of this State, the vessel docks at a port of call in another state or possession of the United States or foreign country and remains in that port for a period of time sufficient to allow passengers the opportunity to disembark the vessel for sightseeing, shopping, or other tourism-related activities at that port.
(B)(1) It is unlawful for a person to use any gambling device or engage in gambling aboard a vessel within the jurisdiction of this State.
(2) It is unlawful for a person to own, keep, operate, manage, or maintain any gambling device on a vessel within the jurisdiction of this State unless:
(a) the vessel is engaged in a voyage that begins and ends in this State and makes an intervening stop; and
(b) any gambling that occurs aboard the vessel occurs only outside the jurisdictional waters of this State.
(C) It is unlawful for a person to use any gambling device or engage in gambling aboard a vessel that is on a voyage if:
(1) the voyage begins and ends in this State; and
(2) during the voyage the vessel does not make an intervening stop.
(D) It is unlawful for a person to own, keep, operate, manage, or maintain any gambling device on a vessel that is on a voyage if:
(1) the voyage begins and ends in this State; and
(2) during the voyage the vessel does not make an intervening stop.
(E) It is unlawful for a person to own, keep, operate, manage, or maintain a vessel that transports persons to another vessel for the purpose of engaging in gambling if the transportation begins and ends within the jurisdiction of this State and neither the vessel providing such transportation nor the vessel on which the use of any gambling device occurs makes an intervening stop.
(F)(1) A person who violates subsection (B)(1) or (C) of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars. No more than one violation under these subsections may be charged in one calendar day. Nothing in this section precludes prosecution for any other applicable gambling offense.
(2) A person who violates subsection (B)(2), (D), or (E) of this section is guilty of a felony and, upon conviction, must be fined not less than five thousand dollars nor more than ten thousand dollars or imprisoned for not more than two years, or both. No more than one violation under these subsections may be charged in one calendar day. Nothing in this section precludes prosecution for any other applicable gambling offense.
(G) The provisions of this article do not apply to passenger cruise liners. A 'passenger cruise liner' means a vessel that:
(1) has a draft that is equal to or larger than the controlled depth of the intercoastal waterway as determined by the United States Army Corps of Engineers;
(2) provides separate passenger cabins, including bathroom or head facilities, in a size reasonably suitable to accommodate living and sleeping space in a ratio of at least one cabin for every four passengers;
(3) contains kitchen or galley facilities and dining facilities reasonably suitable to offer and accommodate all of the vessel's passengers at seated meals in no more than two sittings for each of the meals at breakfast, lunch, and dinner times;
(4) offers other support facilities and services including, but not limited to, exercise facilities, gift shops, medical services, and musical programs;
(5) is principally engaged in entertaining and transporting passengers on destination cruises; and
(6) is certified or authorized by the United States Coast Guard or equivalent foreign authority to carry passengers for hire upon the open ocean without navigational limitations."
SECTION 3. Chapter 11 of Title 3 of the 1976 Code and Act 104 of 2005 are repealed.
SECTION 4. This act takes effect July 1, 2007.
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