SB 405-11_ Filed 02/22/2010, 11:29 Fry


Text Box


    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______
    RULED OUT OF ORDER


[

HOUSE MOTION ____

]

MR. SPEAKER:

    I move that Engrossed Senate Bill 405 be amended to read as follows:

SOURCE: Page 6, line 24; (10)MO040518.6. -->     Page 6, between lines 24 and 25, begin a new paragraph and insert:
SOURCE: IC 4-33-1-1; (10)MO040518.6. -->     "SECTION 6. IC 4-33-1-1, AS AMENDED BY P.L.233-2007, SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 1. This article applies only to the following:
        (1) Counties contiguous to Lake Michigan.
        (2) A county that is:
            (A) contiguous to the Ohio River; and
            (B) described in IC 4-33-6-1(a)(5).
        (3) A county that contains a historic hotel district.
         (4) Steuben County.
        (5) Fort Wayne.
".
SOURCE: Page 16, line 28; (10)MO040518.16. -->     Page 16, between lines 28 and 29, begin a new paragraph and insert:
    " (e) This subsection applies to Steuben County. The commission may not issue a license authorizing a riverboat to operate in the county unless an ordinance permitting the operation of riverboats in the county has been approved by the county fiscal body.
     (f) This subsection applies to Fort Wayne. The commission may not issue a license authorizing a riverboat to dock in a city unless the legislative body of the city has approved an ordinance permitting the docking of riverboats in the city.
SOURCE: IC 4-33-6-19.5; (10)MO040518.24. -->     SECTION 24. IC 4-33-6-19.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 19.5. (a) This section applies to Steuben County.
    (b) Notwithstanding any other provision of this article, the commission may not issue a license under this article to allow a riverboat to operate in the county unless the voters of the county have approved the conducting of gambling games on riverboats in the county. However, a local public question may not be conducted under this section unless the commission certifies to the county election board that an owner's license is available for Steuben County before July 25, 2010.
    (c) If:
        (1) the docking of a riverboat in the county is approved by an ordinance adopted under section 18(e) of this chapter, or if at least the number of the registered voters of the county required under IC 3-8-6-3 for a petition to place a candidate on the ballot sign a petition submitted to the circuit court clerk requesting that a local public question concerning riverboat gaming be placed on the ballot; and
        (2) the county election board receives before July 25, 2010, the certification that an owner's license is available for Steuben County as required by subsection (b);
the county election board shall place the following question on the ballot in the county during the 2010 general election:
        "Shall riverboat gambling be permitted in Steuben County?".
    (d) A public question under this section shall be placed on the ballot in accordance with IC 3-10-9 and must be certified in accordance with IC 3-10-9-3.
    (e) The clerk of the circuit court of a county holding an election under this chapter shall certify the results determined under IC 3-12-4-9 to the commission and the department of state revenue.
    (f) If a public question under this section is placed on the ballot in a county and the voters of the county do not vote in favor of permitting riverboat gambling under this article, a second public question under this section may not be held in that county.

SOURCE: IC 4-33-6-20.5; (10)MO040518.25. -->     SECTION 25. IC 4-33-6-20.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 20.5. (a) This section applies to Fort Wayne.
    (b) Notwithstanding any other provision of this article, the commission may not issue a license under this article to allow a riverboat to operate from a city to which this section applies unless the voters of the city have approved the conducting of gambling games on riverboats in the city. However, a local public question may not be conducted under this section unless the commission certifies to the county election board that an owner's license is available for Fort Wayne before July 25, 2010.
    (c) If:
        (1) the legislative body of the city approves the docking of a riverboat under section 18(f) of this chapter, or if at least the

number of the registered voters of the city required under IC 3-8-6-3 for a petition to place a candidate on the ballot sign a petition submitted to the circuit court clerk requesting that a local public question concerning riverboat gaming be placed on the ballot; and
        (2) the county election board receives before July 25, 2010, the certification that an owner's license is available for Fort Wayne as required by subsection (b);
the county election board shall place the following question on the ballot in the city during the 2010 general election:
        "Shall licenses be issued to permit riverboat gambling in the City of Fort Wayne?".
    (d) A public question under this section shall be placed on the ballot in accordance with IC 3-10-9 and must be certified in accordance with IC 3-10-9-3.
    (e) The clerk of the circuit court of a county holding an election under this chapter shall certify the results determined under IC 3-12-4-9 to the commission and the department of state revenue.
    (f) If a public question under this section is placed on the ballot in a city and the voters of the city do not vote in favor of permitting riverboat gambling under this article, another public question under this section may not be held in that city.
".
    Renumber all SECTIONS consecutively.
    (Reference is to ESB 405 as printed February 19, 2010.)

________________________________________

Representative Fry


MO040518/DI 92     2010