SB 405-24_ Filed 02/24/2010, 07:44 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    WITHDRAWN        Noes _______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:

    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 and insert:
        " (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 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 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 insert:
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 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)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. 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)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 commission's approval.

    (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 Michigan.
    (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 and insert:
        " (4) The city in which a riverboat described in IC 4-33-2-17(4) is located.".
    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.)

________________________________________

Representative Crawford


MO040532/DI 92     2010