April 4, 2003





ENGROSSED

HOUSE BILL No. 1528

_____


DIGEST OF HB 1528 (Updated April 1, 2003 12:51 PM - DI 110)



Citations Affected: IC 4-33.

Synopsis: Riverboat ownership. Allows a person to hold ownership of up to 2 riverboat licenses.

Effective: July 1, 2003.





Kuzman
(SENATE SPONSORS _ SERVER, ROGERS)




    January 16, 2003, read first time and referred to Committee on Public Policy, Ethics and Veterans Affairs.
    February 19, 2003, amended, reported _ Do Pass.
    March 3, 2003, read second time, ordered engrossed.
    March 4, 2003, engrossed. Read third time, passed. Yeas 67, nays 31.

SENATE ACTION

    March 13, 2003, read first time and referred to Committee on Rules and Legislative Procedure. Reassigned to Committee on Commerce and Consumer Affairs pursuant to Senate Rule 65(b).
    April 3, 2003, reported favorably _ Do Pass.






April 4, 2003

First Regular Session 113th General Assembly (2003)


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 this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word 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 this style type or this style type reconciles conflicts between statutes enacted by the 2002 Regular or Special Session of the General Assembly.


ENGROSSED

HOUSE BILL No. 1528



    A BILL FOR AN ACT to amend the Indiana Code concerning state offices and administration.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 4-33-6-1; (03)EH1528.1.1. -->     SECTION 1. IC 4-33-6-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: 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).

SOURCE: IC 4-33-6-3; (03)EH1528.1.2. -->     SECTION 2. IC 4-33-6-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: 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 interests 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.
SOURCE: IC 4-33-6-3.5; (03)EH1528.1.3. -->     SECTION 3. IC 4-33-6-3.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: 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.