SB 405-1_ Filed 02/01/2010, 09:24 Alting

SENATE MOTION


MADAM PRESIDENT:

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

SOURCE: Page 3, line 11; (10)MO040501.3. -->     Page 3, between lines 11 and 12, begin a new paragraph and insert:
SOURCE: IC 4-31-5-8; (10)MO040501.2. -->     "SECTION 2. IC 4-31-5-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 8. (a) Except as provided in subsection (c), the commission may issue or deny a permit to an applicant to conduct a horse racing meeting after the proper filing of:
        (1) an application for a permit; and
        (2) the other information required by this chapter.
The commission shall meet as soon as practicable after the filing of the application and other information for the purpose of acting on the application.
    (b) The commission may deny a permit to:
        (1) any applicant if denial of the permit is in the public interest;
        (2) a permit holder that has defaulted in payments to the public or an employee, a vendor, a supplier, an owner, or a trainer; or
        (3) the purchaser of a track from a permit holder described in subdivision (2) if defaults at that track have not been satisfied by either the seller or the purchaser.
    (c) The commission shall deny a permit to:
        (1) a permit holder that has defaulted in payments to the state; or
        (2) the purchaser of a track from a permit holder described in subdivision (1), if defaults at that track have not been satisfied by either the seller or the purchaser. or
        (3) a person, an association, a trust, a limited liability company, or a corporation that owns, or has one (1) or more members or stockholders who own, an interest in any other permit issued by the commission in the same year for any other racetrack in Indiana.
    (d) The commission may not issue a permit that would allow pari-mutuel racing to be conducted at the same hour at two (2) or more

locations in the same county or adjacent counties.
    (e) A permit issued under this section is valid from January 1 to December 31 of the year for which it is issued. An application must be made for a renewal of a permit.".

SOURCE: Page 8, line 7; (10)MO040501.8. -->     Page 8, between lines 7 and 8, begin a new paragraph and insert:
SOURCE: IC 4-33-2-3.9; (10)MO040501.8. -->     "SECTION 8. IC 4-33-2-3.9 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 3.9. "Casino license" refers to either or both of the following:
        (1) An owner's license.
        (2) A gambling game license issued under IC 4-35-5.
".
SOURCE: Page 13, line 28; (10)MO040501.13. -->     Page 13, between lines 28 and 29, begin a new paragraph and insert:
SOURCE: IC 4-33-6-3.5; (10)MO040501.16. -->     "SECTION 16. IC 4-33-6-3.5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 3.5. (a) For purposes of this section, a person is considered to have an ownership interest in a riverboat owner's casino 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 casino licenses. issued under this chapter.
    (c) A person may not have an ownership interest in more than two (2) riverboat owner's casino licenses. issued under this chapter.
    (d) This section may not be construed to increase the maximum number of:
         (1) licenses permitted under section 1 of this chapter; or the number of
         (2) riverboats that may be owned and operated under a license under section 10 of this chapter; or
        (3) gambling game licenses that may be issued under IC 4-35-5-1.
".
SOURCE: Page 32, line 17; (10)MO040501.32. -->     Page 32, between lines 17 and 18, begin a new paragraph and insert:
SOURCE: IC 4-35-5-1; (10)MO040501.33. -->     "SECTION 33. IC 4-35-5-1, AS ADDED BY P.L.233-2007, SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 1. (a) The commission may issue a license to a permit holder to conduct gambling games under this article at the permit holder's racetrack. The number of licenses issued under this chapter may not exceed two (2).

     (b) IC 4-33-6-3.5 applies to a permit holder issued a license under this chapter.".
    Renumber all SECTIONS consecutively.
    (Reference is to SB 405 as printed January 29, 2010.)

________________________________________

Senator ALTING


MO040501/DI 92
2010