2001-2002 Bill 3009: Gambling Cruise Prohibition Act; Gambling, Watercraft, Crimes And

1 BIL: 3009 2 TYP: General Bill GB 3 INB: House 4 IND: 20010109 5 PSP: Campsen 6 SPO: Campsen, Wilder, Altman, Davenport, Walker, Simrill, Meacham-Richardson, 7 J. Young, McGee, Sandifer, Stille, Cotty, Harrison, Wilkins, McLeod, 8 Edge 9 DDN: l:\council\bills\bbm\9740htc01.doc 10 RBY: Senate 11 COM: Judiciary Committee 11 SJ 12 LAD: 20020221 13 SUB: Gambling Cruise Prohibition Act; Gambling, Watercraft, Crimes and 14 Offenses, Acts Cited By Popular Name 15 16 17 18 HST: 19 20 Body Date Action Description Com Leg Involved 21 ______22 Senate 20020227 Introduced, read first time, 11 SJ 23 referred to Committee 24 House 20020226 Read third time, sent to Senate 25 House 20020221 Amended, read second time 26 House 20020206 Request for debate by Representative Scott 27 Knotts 28 Whatley 29 Lloyd 30 J. Hines 31 Breeland 32 Whipper 33 Mack 34 Howard 35 Rhoad 36 Bales 37 Ott 38 Parks 39 Hosey 40 Quinn 41 Altman 42 Limehouse 43 Harrison 44 Fleming 45 Cotty 46 Harrell 47 Dantzler 48 Scarborough 49 Davenport 1 Lucas 2 G. Brown 3 House 20020131 Co-Sponsor added (Rule 5.2) by Rep. Edge 4 House 20020130 Co-Sponsor added (Rule 5.2) by Rep. McLeod 5 House 20020130 Committee report: Favorable with 25 HJ 6 amendment 7 House 20020108 Co-Sponsor added (Rule 5.2) by Rep. Wilkins 8 House 20020107 Co-Sponsor added (Rule 5.2) by Rep. Harrison 9 House 20010111 Co-Sponsor added (Rule 5.2) by Rep. Cotty 10 House 20010109 Introduced, read first time, 25 HJ 11 referred to Committee 12 House 20001206 Prefiled, referred to Committee 25 HJ 13 14 15 Versions of This Bill 16 17 18 Revised on 20020130 19 Revised on 20020221 20 21 22 TXT: 1 AMENDED 2 February 21, 2002 3 4 H. 3009 5 6 Introduced by Reps. Campsen, Wilder, Altman, Davenport, 7 Walker, Simrill, Meacham-Richardson, J. Young, McGee, 8 Sandifer, Stille, Cotty, Harrison, Wilkins, McLeod and Edge 9 10 S. Printed 2/21/02--H. 11 Read the first time January 9, 2001. 12 13 14

1 [3009-1] 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 prohibit gambling on any United States or 32 foreign documented vessel in this State and on any United States 33 or foreign documented vessel conducting voyages that begin and 34 end in this State, consistent with the standards specified in 15 35 U.S.C. 1175(b), commonly referred to as the Johnson Act 36 Amendments of 1992. It is the purpose of this act clearly and 37 unequivocally to prohibit gambling activities on so-called “cruises 38 to nowhere” as provided in 15 U.S.C. 1175. The passage of this 39 act should in no way be construed or interpreted to mean that 40 existing laws prohibiting gambling in this State do not apply to the 41 so-called “cruises to nowhere” described in this act.

1 [3009] 1 1 SECTION 2. Chapter 19, Title 16 of the 1976 Code is amended 2 by adding: 3 4 “Section 16-19-170. (A) As used in this section: 5 (1) ‘Vessel’ means every kind of watercraft used or capable 6 of being used as a means of transportation on or in water, as well 7 as any ship, boat, barge, or other watercraft or any other structure 8 capable of floating on or in the water. 9 (2) ‘Gambling’ or ‘gambling device’ means a game of 10 chance and includes, but is not limited to, slot machines, punch 11 boards, video poker, blackjack machines, keeno, or any other video 12 gambling machine, roulette, craps, or any other gaming table type 13 gambling or poker, blackjack, or any other card gambling game. 14 (3) For purposes of this section, an ‘intervening stop’ occurs 15 when a vessel departs the jurisdictional waters of this State and 16 sails into United States or international waters, and between the 17 time the vessel departs the jurisdictional waters of this State and 18 the time it returns to the jurisdictional waters of this State, the 19 vessel docks at a port of call in another state or possession of the 20 United States or foreign country and remains in that port for a 21 period of time sufficient to allow passengers the opportunity to 22 disembark the vessel for sightseeing, shopping, or other 23 tourism-related activities at that port. 24 (B)(1) It is unlawful for a person to use any gambling device or 25 engage in gambling aboard a vessel within the jurisdiction of this 26 State. 27 (2) It is unlawful for a person to own, keep, operate, 28 manage, or maintain any gambling device on a vessel within the 29 jurisdiction of this State unless: 30 (a) the vessel is engaged in a voyage that begins and ends 31 in this State and makes an intervening stop; and 32 (b) any gambling that occurs aboard the vessel occurs 33 only outside the jurisdictional waters of this State. 34 (C) It is unlawful for a person to use any gambling device or 35 engage in gambling aboard a vessel that is on a voyage if: 36 (a) the voyage begins and ends in this State; and 37 (b) during the voyage the vessel does not make an 38 intervening stop. 39 (D) It is unlawful for a person to own, keep, operate, manage, 40 or maintain a vessel that transports persons to another vessel for 41 the purpose of engaging in gambling if the transportation begins 42 and ends within the jurisdiction of this State and neither the vessel

1 [3009] 2 1 providing such transportation nor the vessel on which the use of 2 any gambling device occurs makes an intervening stop. 3 (E)(1) A person who violates subsections (B)(1) or (C) is guilty 4 of a misdemeanor and, upon conviction, must be fined not more 5 than one hundred dollars or imprisoned for not more than thirty 6 days. Nothing in this section precludes prosecution for any other 7 applicable gambling offense. 8 (2) A person who violates subsections (B)(2) or (D) is guilty 9 of a misdemeanor and, upon conviction, must be fined not more 10 than two thousand dollars or imprisoned for not more than one 11 year. Nothing in this section precludes prosecution for any other 12 applicable gambling offense.” 13 14 SECTION 3. If any section, subsection, paragraph, subparagraph, 15 sentence, clause, phrase, or word of this act is for any reason held 16 to be unconstitutional or invalid, such holding shall not affect the 17 constitutionality or validity of the remaining portions of this act, 18 the General Assembly hereby declaring that it would have passed 19 each and every section, subsection, paragraph, subparagraph, 20 sentence, clause, phrase, and word thereof, irrespective of the fact 21 that any one or more other sections, subsections, paragraphs, 22 subparagraphs, sentences, clauses, phrases, or words hereof may 23 be declared to be unconstitutional, invalid, or otherwise 24 ineffective. 25 26 SECTION 4. This act takes effect July 1, 2002. 27 ----XX----

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