1 BIL: 4491 2 TYP: General Bill GB 3 INB: House 4 IND: 20000127 5 PSP: Campsen 6 SPO: Campsen, Edge, Wilkins, Allison, Altman, Barfield, Barrett, Beck, Cato, 7 Cotty, Delleney, Easterday, Frye, Gilham, Hamilton, Harris, Harrison, 8 Haskins, Huggins, Jennings, Leach, Limehouse, Loftis, Lucas, McGee, 9 Meacham-Richardson, Perry, Quinn, Rice, Riser, Robinson, Rodgers, 10 Sandifer, Simrill, D. Smith, Stille, Tripp, Vaughn, Witherspoon, Kelley, 11 W. McLeod 12 DDN: l:\council\bills\bbm\9167htc00.doc 13 CBN: 1092 14 RBY: Senate 15 COM: Judiciary Committee 11 SJ 16 LAD: 20000405 17 SUB: Gambling Cruise Prohibition Act, Watercraft, Crimes and Offenses 18 19 20 21 HST: 22 23 Body Date Action Description Com Leg Involved 24 ______25 Senate 20000406 Introduced, read first time, 11 SJ 26 referred to Committee 27 House 20000406 Read third time, sent to Senate 28 House 20000405 Amended, read second time 29 House 20000309 Request for debate by Representative Whipper 30 Harrison 31 Hawkins 32 Haskins 33 R. Smith 34 Lucas 35 Easterday 36 Riser 37 Leach 38 Loftis 39 Knotts 40 Rutherford 41 Witherspoon 42 Kennedy 43 Lourie 44 Klauber 45 J. Brown 46 J.H. Neal 47 Bales 48 Hayes 49 Clyburn 1 Emory 2 Wilkes 3 Hosey 4 Mack 5 J. Hines 6 House 20000309 Objection by Representative Sheheen 7 House 20000309 Amended 8 House 20000308 Co-Sponsor added (Rule 5.2) by Rep. W. McLeod 9 House 20000307 Committee report: Favorable, 25 HJ 10 with amendment 11 House 20000127 Introduced, read first time, 25 HJ 12 referred to Committee 13 14 15 Versions of This Bill 16 17 18 Revised on 20000307 19 Revised on 20000309 20 Revised on 20000405 21 22 23 TXT: 1 AMENDED 2 April 5, 2000 3 4 H. 4491 5 6 Introduced by Reps. Campsen, Edge, Wilkins, Allison, Altman, 7 Barfield, Barrett, Beck, Cato, Cotty, Delleney, Easterday, Frye, 8 Gilham, Hamilton, Harris, Harrison, Haskins, Huggins, Jennings, 9 Leach, Limehouse, Loftis, Lucas, McGee, Meacham-Richardson, 10 Perry, Quinn, Rice, Riser, Robinson, Rodgers, Sandifer, Simrill, 11 D. Smith, Stille, Tripp, Vaughn, Witherspoon, Kelley and 12 W. McLeod 13 14 S. Printed 4/5/00--H. 15 Read the first time January 27, 2000. 16 17

1 [4491-1] 1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 12 1976, BY ADDING SECTION 16-19-170 ENACTING THE 13 “GAMBLING CRUISE PROHIBITION ACT” SO AS TO 14 PROHIBIT GAMBLING OR THE REPAIR OF GAMBLING 15 DEVICES ON A VESSEL IN A VOYAGE THAT BEGINS AND 16 ENDS WITHIN THIS STATE AND PROHIBIT THE 17 OPERATION OF A VESSEL THAT TRANSPORTS PERSONS 18 TO ANOTHER VESSEL FOR THE PURPOSE OF GAMBLING 19 IF BOTH THE TRANSPORTING VESSEL AND THE VESSEL 20 ON WHICH A GAMBLING DEVICE IS USED OR REPAIRED 21 BEGINS AND ENDS ITS VOYAGE IN THIS STATE, AND TO 22 PROVIDE DEFINITIONS AND PENALTIES FOR 23 VIOLATION. 24 Amend Title To Conform 25 26 Be it enacted by the General Assembly of the State of South 27 Carolina: 28 29 SECTION 1. This act may be cited as the “Gambling Cruise 30 Prohibition Act”. It is the intent of the General Assembly in 31 enacting this act to reenforce long-standing prohibitions on 32 gambling by reiterating that the gambling offenses provided under 33 the Constitution and laws of this State extend to any United States 34 or foreign documented vessel in this State or to any United States 35 or foreign documented vessel where voyages begin and end in the 36 waters of this State, consistent with the standards specified in 15 37 U.S.C. 1175(b)(2)(A), commonly referred to as the Johnson Act 38 Amendments of 1992. It is the purpose of this act clearly and 39 unequivocally to prohibit gambling activities on so-called “cruises 40 to nowhere” as provided in 15 U.S.C. 1175. The passage of this 41 act should in no way be construed or interpreted to mean that

1 [4491] 1 1 existing laws prohibiting gambling in this State do not apply to the 2 so-called “cruises to nowhere” described in this act. 3 4 SECTION 2. Chapter 19, Title 16 of the 1976 Code is amended 5 by adding: 6 “Section 16-19-170. (A) As used in this section: 7 (1)(a) ‘Vessel’ means a boat, ship, casino boat, watercraft, or 8 barge, of United States or foreign documentation, kept, operated, 9 or maintained for the purpose of gambling, with one or more 10 gaming establishments aboard, that carries or operates gambling 11 devices for the use of its passengers or otherwise provides facilities 12 for the purpose of gambling, whether within or without the 13 jurisdiction of this State, and whether it is anchored, berthed, lying 14 to, or navigating and the sailing, voyaging, or cruising, or any 15 segment of the sailing, voyaging, or cruising begins and ends 16 within this State. 17 (b) ‘Vessel’ includes a boat, ship, watercraft, or barge 18 without gambling devices that transports persons to another vessel 19 for the purpose of gambling if the transportation begins and ends 20 in this State and neither the vessel providing such transportation 21 nor the vessel on which the repair or use of any gambling device 22 occurs makes an intervening stop within the boundaries of another 23 state or possession of the United States or a foreign country. 24 (2) ‘Gambling’ or ‘gambling device’ means a game of 25 chance and includes, but is not limited to, slot machines, punch 26 boards, video poker or blackjack machines, keeno, roulette, craps, 27 or any other gaming table type gambling or poker, blackjack, or 28 any other card gambling game. 29 (3) For purposes of this section, an ‘Intervening stop’ occurs 30 when a vessel departs the jurisdictional waters of this State and 31 sails into United States or international waters on a voyage or 32 segment of a voyage, and between the time the vessel departs the 33 jurisdictional waters of this State and the time it returns to the 34 jurisdictional waters of this State, each of the following occurs: 35 (a) a person repairs or uses any gambling device aboard 36 the vessel; and 37 (b) the vessel docks at a port of call in another state or 38 possession of the United States or foreign country and remains in 39 that port for at least six hours so as to allow passengers the 40 opportunity to disembark the vessel for sightseeing, shopping, or 41 other tourism-related activities at that port. 42 (B) It is unlawful for a person to repair or use any gambling 43 device on a vessel in this State.

1 [4491] 2 1 (C)(1) It is unlawful for a person to repair or use any gambling 2 device on a vessel that is on a voyage or segment of a voyage if: 3 (a) the voyage or segment begins and ends in this State; 4 and 5 (b) during which the vessel does not make an intervening 6 stop within the boundaries of another state or possession of the 7 United States or a foreign country. 8 (2) It is unlawful for a person to operate a vessel as defined 9 in subsection (A)(1)(b). 10 (D) A person who violates either subsection (B) or (C)(1) or (2) 11 is guilty of a felony and, upon conviction, must be imprisoned for 12 not more than five years or fined not more than twenty-five 13 thousand dollars, or both, for each offense. Nothing in this section 14 precludes prosecution for any other applicable gambling offense.” 15 16 SECTION 3. If any provision of this act, including the provisions 17 of Section 16-19-170 of the 1976 Code added by it, or the 18 application of these provisions to any person or circumstance is 19 held invalid, the invalidity does not affect other provisions or 20 applications of this act which can be given effect without the 21 invalid provision or application, and to this end, the provisions of 22 this act are severable. 23 24 SECTION 4. This act takes effect July 1, 2000. 25 ----XX----

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