SB 405-24_ Filed 02/24/2010, 07:44 Crawford
PREVAILED Roll Call No. _______
FAILED Ayes _______
WITHDRAWN Noes _______
RULED OUT OF ORDER
HOUSE MOTION ____
I move that Engrossed Senate Bill 405 be amended to read as follows:
Delete the amendment made on the motion of Rep. Austin and
adopted on February 23, 2010.
Delete the amendment made on the motion of Rep. Eberhart and
adopted on February 23, 2010.
SOURCE: Page 7, line 20; (10)MO040532.7. -->
Page 7, between lines 20 and 21, begin a new line block indented
" (4) An inland casino located within the city limits of Gary.".
Page 8, between lines 29 and 30, begin a new paragraph and insert:
SOURCE: IC 4-33-4-13; (10)MO040532.13. -->
"SECTION 13. 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
(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 13, line 32; (10)MO040532.13. -->
Page 13, line 32, strike "Those ten (10)" and insert " The owner's".
Page 13, line 32, strike "are" and insert " may be issued".
Page 13, line 35, after "Gary." insert " However, the commission
may not reissue a license relinquished to the commission under
section 24 of this chapter.".
Page 14, delete lines 28 through 42, begin a new paragraph and
SOURCE: IC 4-33-6-4; (10)MO040532.20. -->
"SECTION 20. 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
(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
(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)MO040532.15. -->
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)MO040532.23. -->
SECTION 23. 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.
(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)MO040532.16. -->
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 Gary is sufficient to authorize the operation
of a riverboat described in IC 4-33-2-17(4) in Gary.
SOURCE: IC 4-33-6-21; (10)MO040532.25. -->
SECTION 25. 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)MO040532.17. -->
Page 17, between lines 13 and 14, begin a new paragraph and insert:
SOURCE: IC 4-33-6-24; (10)MO040532.27. -->
"SECTION 27. IC 4-33-6-24 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 24. (a) This section applies only to a
licensed owner operating two (2) riverboats from Gary as of
March 1, 2010.
(b) A licensed owner may relocate the licensed owner's gaming
operations from riverboats docked on Lake Michigan to an inland
casino located within the city limits of Gary without seeking the
(c) If a licensed owner elects to relocate the licensed owner's
gaming operations under subsection (b), the licensed owner shall
relinquish to the commission one (1) of the owner's licenses held by
the licensed owner. The licensed owner shall relinquish the license
on the date that the licensed owner commences gaming operations
at an inland casino.
(d) A licensed owner may not simultaneously conduct gaming
operations at an inland casino and on a riverboat docked on Lake
(e) The commission may not impose a fee for the privilege of
relocating a gaming operation under this section.".
SOURCE: Page 18, line 32; (10)MO040532.18. -->
Page 18, between lines 32 and 33, begin a new line block indented
" (4) The city in which a riverboat described in IC 4-33-2-17(4)
Renumber all SECTIONS consecutively.
(Reference is to ESB 405 as printed February 19, 2010, and
amended on the motions of Rep. Austin, Rep. Eberhart, and Rep.
Goodin, each as adopted on February 23, 2010.)
MO040532/DI 92 2010