HB 1528-1_ Filed 02/19/2003, 16:41


Text Box

Adopted Rejected


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COMMITTEE REPORT


                                                        YES:

13

                                                        NO:
0

MR. SPEAKER:
    Your Committee on       Public Policy, Ethics and Veterans Affairs     , to which was referred       House Bill 1528     , has had the same under consideration and begs leave to report the same back to the House with the recommendation that said bill be amended as follows:

    Delete the title and insert the following:
    A BILL FOR AN ACT to amend the Indiana Code concerning state offices and administration.
    Delete everything after the enacting clause and insert the following:

SOURCE: IC 4-33-6-1; (03)AM152802.1. -->     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)AM152802.2. -->     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)AM152802.3. -->     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.

    (Reference is to HB 1528 as introduced.)

and when so amended that said bill do pass.

__________________________________

Representative Lytle


AM152802/DI 14    2003