January 8, 2002, read first time and referred to Committee on Commerce and Consumer
Affairs.
Introduced
Second Regular Session 112th General Assembly (2002)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in
this style type, and deletions will appear in
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
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NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in
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this style type reconciles conflicts
between statutes enacted by the 2001 General Assembly.
SENATE BILL No. 332
A BILL FOR AN ACT to amend the Indiana Code concerning
gaming.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1.
IC 4-31-5-8
IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2002]: Sec. 8. (a) Except as provided in
subsection (c), the commission may issue or deny a permit to an
applicant to conduct a horse racing meeting after the proper filing of:
(1) an application for a permit; and
(2) the other information required by this chapter.
The commission shall meet as soon as practicable after the filing of the
application and other information for the purpose of acting on the
application.
(b) The commission may deny a permit to:
(1) any applicant if denial of the permit is in the public interest;
(2) a permit holder that has defaulted in payments to the public or
an employee, a vendor, a supplier, an owner, or a trainer; or
(3) the purchaser of a track from a permit holder described in
subdivision (2) if defaults at that track have not been satisfied by
either the seller or the purchaser.
(c) The commission shall deny a permit to:
(1) a permit holder that has defaulted in payments to the state;
(2) the purchaser of a track from a permit holder described in
subdivision (1), if defaults at that track have not been satisfied by
either the seller or the purchaser; or
(3) a person
an association, a trust, a limited liability company, or
a corporation that owns, or has one (1) or more members or
stockholders who own, an interest in any other permit issued by
the commission in the same year for any other racetrack in
Indiana. who owns an ownership interest of more than the
total amount of ownership interest permitted under section
8.5 of this chapter.
(d) The commission may not issue a permit that would allow
pari-mutuel racing to be conducted at the same hour at two (2) or more
locations in the same county or adjacent counties.
(e) A permit issued under this section is valid from January 1 to
December 31 of the year for which it is issued. An application must be
made for a renewal of a permit.
SECTION 2.
IC 4-31-5-8.5
IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2002]:
Sec. 8.5. (a) For purposes of this section, a person is
considered to have an ownership interest in a racetrack if the
interest is owned directly or indirectly by the person or by an
entity controlled by the person.
(b) A person may have up to a one hundred percent (100%)
ownership interest in not more than two (2) racetracks.
(c) A person may not have an ownership interest in more than
two (2) racetracks.
SECTION 3.
IC 4-33-6-1
IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2002]: Sec. 1. (a) The commission may issue
to a person a license to own
one (1) a riverboat subject to the numerical
and geographical limitation of owner's licenses under this section,
section 3.5 of this chapter, and
IC 4-33-4-17.
However, not more than
eleven (11) owner's licenses may be in effect at any time. Except as
provided in subsection (b), those eleven (11) licenses are as follows:
(1) Two (2) licenses for a riverboat that operates from the largest
city located in the counties described under
IC 4-33-1-1
(1).
(2) One (1) license for a riverboat that operates from the second
largest city located in the counties described under
IC 4-33-1-1
(1).
(3) One (1) license for a riverboat that operates from the third
largest city located in the counties described under
IC 4-33-1-1
(1).
(4) One (1) license for a city located in the counties described
under
IC 4-33-1-1
(1). This license may not be issued to a city
described in subdivisions (1) through (3).
(5) A total of five (5) licenses for riverboats that operate upon the
Ohio River from counties described under
IC 4-33-1-1
(2). The
commission may not issue a license to an applicant if the issuance
of the license would result in more than one (1) riverboat
operating from a county described in
IC 4-33-1-1
(2).
(6) One (1) license for a riverboat that operates upon Patoka Lake
from a county described under
IC 4-33-1-1
(3).
(b) If a city described in subsection (a)(2) or (a)(3) conducts two (2)
elections under section 20 of this chapter, and the voters of the city do
not vote in favor of permitting riverboat gambling at either of those
elections, the license assigned to that city under subsection (a)(2) or
(a)(3) may be issued to any city that:
(1) does not already have a riverboat operating from the city; and
(2) is located in a county described in
IC 4-33-1-1
(1).
SECTION 4.
IC 4-33-6-3
IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2002]: Sec. 3. The commission may not issue
an owner's license under this chapter to a person if:
(1) the person has been convicted of a felony under Indiana law,
the laws of any other state, or laws of the United States;
(2) the person has knowingly or intentionally submitted an
application for a license under this chapter that contains false
information;
(3) the person is a member of the commission;
(4) the person is an officer, a director, or a managerial employee
of a person described in subdivision (1) or (2);
(5) the person employs an individual who:
(A) is described in subdivision (1), (2), or (3); and
(B) participates in the management or operation of gambling
operations authorized under this article;
(6) the person owns an ownership interest of more than
ten
percent (10%) in more than one (1) other person holding an
owner's license issued under the total amount of ownership
interest permitted under section 3.5 of this chapter; or
(7) a license issued to the person:
(A) under this article; or
(B) to own or operate gambling facilities in another
jurisdiction;
has been revoked.
SECTION 5.
IC 4-33-6-3.5
IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2002]: Sec. 3.5. (a) For purposes of this section, a person is
considered to have an ownership interest in a riverboat owner's
license if the interest is owned directly or indirectly by the person
or by an entity controlled by the person.
(b) A person may have up to a one hundred percent (100%)
ownership interest in not more than two (2) riverboat licenses
issued under this chapter.
(c) A person may not have an ownership interest in more than
two (2) riverboat owner's licenses issued under this chapter.
(d) This section may not be construed to increase the maximum
number of licenses permitted under section 1 of this chapter or the
number of riverboats that may be owned and operated under a
license under section 10 of this chapter.