SB 405-17_ Filed 02/23/2010, 07:25 Crawford


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    WITHDRAWN        Noes _______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)MO040521.6. -->     Page 6, between lines 24 and 25, begin a new paragraph and insert:
SOURCE: IC 4-31-14; (10)MO040521.6. -->     "SECTION 6. IC 4-31-14 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]:
     Chapter 14. Bankruptcy
    Sec. 1. This chapter applies to equity holders and creditors of a permit holder that becomes a party to a proceeding governed by Title 11 of the United States Code (the Bankruptcy Code).
    Sec. 2. As used in this chapter, "creditor" means the holder of a debt instrument, including a debt instrument with non-detachable warrants, issued by a permit holder pursuant to a plan of reorganization of the permit holder that is approved by the United States Bankruptcy Court.

     Sec. 3. As used in this chapter, "creditor's representative" means a person appointed by a creditor to serve on the governing body of a permit holder as authorized by the United States Bankruptcy Court as part of a plan of reorganization of the permit holder.
    Sec. 4. As used in this chapter, "equity holder" means the holder of a direct or indirect ownership interest in a permit holder that acquired the ownership interest by virtue of a plan of reorganization of the permit holder that was approved by the United States Bankruptcy Court.

     Sec. 5. The commission may, in its sole discretion, exempt a

creditor from the licensing and investigation requirements of this article if the commission approves the creditor's representative to serve on the governing board of the permit holder.
    Sec. 6. A direct or indirect owner of an equity holder must be licensed by the commission in a manner to ensure that each direct or indirect owner of the permit holder is a person deemed suitable.
    Sec. 7. This chapter expires January 1, 2015.
".

SOURCE: Page 7, line 20; (10)MO040521.7. -->     Page 7, between lines 20 and 21, begin a new line block indented and insert:
        " (4) A casino that meets the following requirements:
            (A) A licensed owner has relocated gaming operations conducted on January 1, 2010, on a riverboat described in subdivision (1) into the casino.
            (B) The casino is located on property:
                (i) adjacent to the property used by the licensed owner for the purpose of docking the riverboat on January 1, 2010, in the case of a riverboat operating from a dock located in a county other than Lake County on January 1, 2010; or
                (ii) located within the city limits of the city in which the riverboat was docked on January 1, 2010, in the case of a riverboat operating from a dock located in Lake County on January 1, 2010.
            (C) The number of gambling games conducted in the casino does not exceed the number of gambling games conducted on the riverboat on January 1, 2010.
".
    Page 8, between lines 29 and 30, begin a new paragraph and insert:
SOURCE: IC 4-33-4-13; (10)MO040521.14. -->     "SECTION 14. IC 4-33-4-13 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 13. (a) This section does not apply to a riverboat:
         (1) located in a historic hotel district; or
        (2) described in IC 4-33-2-17(4).

    (b) After consulting with the United States Army Corps of Engineers, the commission may do the following:
        (1) Determine the waterways that are navigable waterways for purposes of this article.
        (2) Determine the navigable waterways that are suitable for the operation of riverboats under this article.
    (c) In determining the navigable waterways on which riverboats may operate, the commission shall do the following:
        (1) Obtain any required approvals from the United States Army Corps of Engineers for the operation of riverboats on those waterways.
        (2) Consider the economic benefit that riverboat gambling provides to Indiana.
        (3) Seek to ensure that all regions of Indiana share in the

economic benefits of riverboat gambling.".

SOURCE: Page 14, line 28; (10)MO040521.14. -->     Page 14, delete lines 28 through 42, begin a new paragraph and insert:
SOURCE: IC 4-33-6-4; (10)MO040521.21. -->     "SECTION 21. IC 4-33-6-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 4. (a) In determining whether to grant an owner's license to an applicant, the commission shall consider the following:
        (1) The character, reputation, experience, and financial integrity of the following:
            (A) The applicant.
            (B) A person that:
                (i) directly or indirectly controls the applicant; or
                (ii) is directly or indirectly controlled by the applicant or by a person that directly or indirectly controls the applicant.
        (2) The facilities or proposed facilities for the conduct of riverboat gambling.
        (3) The highest prospective total revenue to be collected by the state from the conduct of riverboat gambling.
        (4) The good faith affirmative action plan of each applicant to recruit, train, and upgrade minorities in all employment classifications.
        (5) The financial ability of the applicant to purchase and maintain adequate liability and casualty insurance.
        (6) If the applicant has adequate capitalization to provide and maintain a riverboat for the duration of the license.
        (7) The extent to which the applicant exceeds or meets other standards adopted by the commission.
    (b) This subsection does not apply to:
        (1) a person applying for an owner's license to assume control of a riverboat on which gambling games have been conducted under an owner's license issued to another person; or
        (2) a riverboat described in IC 4-33-2-17(4).

In an application for an owner's license, the applicant must submit to the commission a proposed design of the riverboat and the dock. The commission may not grant a license to an applicant if the commission determines that it will be difficult or unlikely for the riverboat to depart from the dock.".
SOURCE: Page 15, line 1; (10)MO040521.15. -->     Page 15, delete lines 1 through 17.
    Page 15, line 27, delete "(c)," and insert " (c) or (d),".
    Page 16, between lines 3 and 4, begin a new paragraph and insert:
    " (d) A riverboat described in IC 4-33-2-17(4) must comply with all applicable building codes and any safety requirements imposed by the commission.
SOURCE: IC 4-33-6-10; (10)MO040521.24. -->     SECTION 24. IC 4-33-6-10 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 10. (a) An owner's license issued under this chapter permits the holder to own and operate

one (1) riverboat and equipment for each license.
    (b) The holder of an owner's license issued under this chapter may implement flexible scheduling for the operation of the holder's riverboat under section 21 of this chapter.
    (c) Except as provided in subsection (d) or (e), an owner's license issued under this chapter must specify the place where the riverboat must operate and dock. However,
     (d) The commission may permit the a riverboat to dock at a temporary dock in the applicable city for a specific period of time not to exceed one (1) year after the owner's license is issued.
    (e) An owner's license issued with respect to a riverboat described in IC 4-33-2-17(4) must specify the site of the riverboat.

    (d) (f) An owner's initial license expires five (5) years after the effective date of the license.".

SOURCE: Page 16, line 28; (10)MO040521.16. -->     Page 16, between lines 28 and 29, begin a new paragraph and insert:
    " (e) An ordinance adopted before January 1, 2010, authorizing a riverboat to dock in a city or county is sufficient to authorize the operation of a riverboat described in IC 4-33-2-17(4) in the city or county.
SOURCE: IC 4-33-6-21; (10)MO040521.26. -->     SECTION 26. IC 4-33-6-21 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 21. (a) Except as provided in subsection (c), a licensed owner may submit a plan for flexible scheduling to the commission by a date designated by the commission. Upon receipt of an appropriate plan, the commission shall authorize flexible scheduling, and the licensed owner shall implement the flexible scheduling plan by the date designated by the commission.
    (b) A licensed owner that:
        (1) submits a plan for flexible scheduling to the commission may include provisions; or
        (2) has implemented a flexible scheduling plan may amend the plan to include provisions;
to conduct gambling operations for up to twenty-four (24) hours a day. Upon receipt of a plan or an amendment to a plan concerning operating hours, the commission shall authorize the licensed owner to implement the plan or amendment for the days and hours specified in the plan or amendment. The licensed owner shall implement the provisions related to operating days and hours by the date designated by the commission. If the licensed owner fails or ceases to operate in accordance with the authorized provisions concerning operating days and hours, the commission may rescind the authorization.
     (c) A licensed owner operating a riverboat described in IC 4-33-2-17(4) shall implement flexible scheduling.".
SOURCE: Page 17, line 13; (10)MO040521.17. -->     Page 17, between lines 13 and 14, begin a new paragraph and insert:
SOURCE: IC 4-33-6-24; (10)MO040521.28. -->     "SECTION 28. IC 4-33-6-24 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 24. (a) Except as provided in subsection (b), a licensed

owner may relocate the licensed owner's gaming operations from a docked riverboat to an inland casino without seeking the commission's approval if the licensed owner complies with the following requirements:
         (1) The gaming operations are relocated to a casino:
            (A) located on property adjacent to the property used by the licensed owner on January 1, 2010, for the purpose of docking the licensed owner's riverboat in the case of a riverboat operating from a county other than Lake County on January 1, 2010; or
            (B) located on property located within the city limits of the city in which the licensed owner's riverboat was docked on January 1, 2010, in the case of a riverboat operating from Lake County on January 1, 2010.
        (2) The number of gambling games conducted in the casino referred to in subdivision (1) does not exceed the number of gambling games conducted on the riverboat on January 1, 2010.

     (b) The following apply to the relocation of a riverboat gaming operation conducted in Gary on January 1, 2010:
        (1) Only one (1) riverboat gaming operation may be relocated from a riverboat operating from a dock on Lake Michigan on January 1, 2010.

         (2) One (1) riverboat gaming operation must remain in operation at the riverboat's dock on Lake Michigan.
        (3) The relocation of a riverboat gaming operation permitted by subdivision (1) may be to an inland casino at any site within the city limits of Gary.

         (4) The number of gambling games conducted in the casino referred to in subdivision (3) may not exceed the number of gambling games conducted on the riverboat on January 1, 2010.
     (c) A licensed owner may not simultaneously conduct gaming operations at an inland casino and the riverboat from which the gaming operations were relocated.
    (d) The commission may not impose a fee for the privilege of relocating a gaming operation under this section.
".

SOURCE: Page 18, line 32; (10)MO040521.18. -->     Page 18, between lines 32 and 33, begin a new line block indented and insert:
        " (4) The city in which a riverboat described in IC 4-33-2-17(4) is located, if the riverboat is located in:
             (A) a city adjacent to Lake Michigan; or
            (B) the largest city of a county adjacent to the Ohio River.
        (5) The county in which a riverboat described in IC 4-33-2-17(4) is located, if the riverboat is:
            (A) located in a county that is adjacent to the Ohio River; but
            (B) not located in the largest city of that county.
".
    Page 33, between lines 11 and 12, begin a new paragraph and insert:
SOURCE: IC 4-33-22; (10)MO040521.40. -->     "SECTION 40. IC 4-33-22 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]:
     Chapter 22. Bankruptcy
    Sec. 1. This chapter applies to equity holders and creditors of a licensed owner or operating agent that becomes a party to a proceeding governed by Title 11 of the United States Code (the Bankruptcy Code).
    Sec. 2. As used in this chapter, "creditor" means the holder of a debt instrument, including a debt instrument with non-detachable warrants, issued by a licensed owner or operating agent pursuant to a plan of reorganization of the licensed owner or operating agent that is approved by the United States Bankruptcy Court.

     Sec. 3. As used in this chapter, "creditor's representative" means a person appointed by a creditor to serve on the governing body of a licensed owner or operating agent as authorized by the United States Bankruptcy Court as part of a plan of reorganization of the licensed owner or operating agent.
    Sec. 4. As used in this chapter, "equity holder" means the holder of a direct or indirect ownership interest in a licensed owner or operating agent that acquired the ownership interest by virtue of a plan of reorganization of the licensed owner or operating agent that was approved by the United States Bankruptcy Court.

     Sec. 5. The commission may, in its sole discretion, exempt a creditor from the licensing and investigation requirements of this article if the commission approves the creditor's representative to serve on the governing board of the licensed owner or operating agent.
    Sec. 6. This chapter expires January 1, 2015.
".
SOURCE: Page 37, line 25; (10)MO040521.37. -->     Page 37, between lines 25 and 26, begin a new paragraph and insert:
SOURCE: IC 4-35-13; (10)MO040521.44. -->     "SECTION 44. IC 4-35-13 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]:
     Chapter 13. Bankruptcy
    Sec. 1. This chapter applies to equity holders and creditors of a licensee that becomes a party to a proceeding governed by Title 11 of the United States Code (the Bankruptcy Code).
    Sec. 2. As used in this chapter, "creditor" means the holder of a debt instrument, including a debt instrument with non-detachable warrants, issued by a licensee pursuant to a plan of reorganization of the licensee that is approved by the United States Bankruptcy Court.

     Sec. 3. As used in this chapter, "creditor's representative" means a person appointed by a creditor to serve on the governing

body of a licensee as authorized by the United States Bankruptcy Court as part of a plan of reorganization of the licensee.
    Sec. 4. As used in this chapter, "equity holder" means the holder of a direct or indirect ownership interest in a licensee that acquired the ownership interest by virtue of a plan of reorganization of the licensee that was approved by the United States Bankruptcy Court.

     Sec. 5. The commission may, in its sole discretion, exempt a creditor from the licensing and investigation requirements of this article if the commission approves the creditor's representative to serve on the governing board of the licensee.
    Sec. 6. A direct or indirect owner of an equity holder must be licensed by the Indiana horse racing commission in a manner to ensure that each direct or indirect owner of the licensee is a person deemed suitable.
    Sec. 7. This chapter expires January 1, 2015.
".

SOURCE: Page 41, line 5; (10)MO040521.41. -->     Page 41, line 5, delete "The".
    Page 41, line 5, strike "interest".
    Page 41, line 6, strike "accruing to" and insert " Money in".
    Page 41, line 17, delete "of interest".
    Renumber all SECTIONS consecutively.
    (Reference is to ESB 405 as printed February 19, 2010.)

________________________________________

Representative Crawford


MO040521/DI 92     2010