SB 429-1_ Filed 04/04/2011, 11:22 Riecken
Text Box
PREVAILED Roll Call No. _______
FAILED Ayes _______
WITHDRAWN Noes _______
RULED OUT OF ORDER
[
HOUSE MOTION ____
]
MR. SPEAKER:
I move that Engrossed Senate Bill 429 be amended to read as follows:
SOURCE: Page 1, line 1; (11)MO042901.1. -->
Page 1, between the enacting clause and line 1, begin a new
paragraph and insert:
SOURCE: IC 4-33-2-7.5; (11)MO042901.1. -->
"SECTION 1. IC 4-33-2-7.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 7.5. "Flexible
scheduling" refers to the practice of conducting gambling games and
allowing the continuous ingress and egress of passengers patrons for
the purpose of gambling. while a riverboat is docked.
SOURCE: IC 4-33-2-17; (11)MO042901.2. -->
SECTION 2. IC 4-33-2-17, AS AMENDED BY P.L.96-2010,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 17. "Riverboat" means either any of the following
on which lawful gambling is authorized under this article:
(1) A self-propelled excursion boat located in a county described
in IC 4-33-1-1(1) or IC 4-33-1-1(2) that complies with
IC 4-33-6-6(a).
(2) A casino located in a historic hotel district.
(3) A permanently moored craft operating from a county
described in IC 4-33-1-1(1) or IC 4-33-1-1(2).
SOURCE: IC 4-33-4-13; (11)MO042901.3. -->
SECTION 3. IC 4-33-4-13 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 13. (a) This section
does not apply to a riverboat located in a historic hotel district.
(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.
(d) Before approving a plan submitted under IC 4-33-6-23 for:
(1) the construction of a new permanently moored craft; or
(2) the conversion of a self-propelled excursion boat into a
permanently moored craft;
the commission shall obtain any required approvals from the
United States Army Corps of Engineers and the United States
Coast Guard.
SOURCE: IC 4-33-4-13.5; (11)MO042901.4. -->
SECTION 4. IC 4-33-4-13.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]: Sec. 13.5. The commission shall:
(1) determine the appropriate marine structural and life
safety standards for a permanently moored craft approved
under section 13 of this chapter; and
(2) establish maintenance requirements and an inspection
schedule to enforce the standards.
This section does not require a licensed owner converting a
self-propelled excursion boat into a permanently moored craft to
substantially alter the marine structural and life safety systems of
the excursion boat that were required to comply with IC 4-33-6-6
if the self-propelled excursion boat was in service before January
1, 2011.
SOURCE: IC 4-33-6-6; (11)MO042901.5. -->
SECTION 5. IC 4-33-6-6, AS AMENDED BY P.L.170-2005,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 6. (a)
Except as provided in subsection (c), a
riverboat that operates in a county described in IC 4-33-1-1(1) or
IC 4-33-1-1(2) must:
(1) have either:
(A) a valid certificate of inspection from the United States
Coast Guard for the carrying of at least five hundred (500)
passengers; or
(B) a valid certificate of compliance with marine structural and
life safety standards determined by the commission; and
(2) be at least one hundred fifty (150) feet in length.
(b) This subsection applies only to a riverboat that operates on the
Ohio River. A riverboat must replicate, as nearly as possible, historic
Indiana steamboat passenger vessels of the nineteenth century.
However, steam propulsion or overnight lodging facilities are not
required under this subsection.
(c) A riverboat described in IC 4-33-2-17(3) must have a valid
certificate of compliance with the marine structural and life safety
standards determined by the commission under IC 4-33-4-13.5 for
a permanently moored craft.
SOURCE: IC 4-33-6-23; (11)MO042901.6. -->
SECTION 6. IC 4-33-6-23 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]:
Sec. 23. (a) A licensed owner may submit to the
commission a plan for:
(1) constructing a permanently moored craft to replace the
licensed owner's self-propelled excursion boat; or
(2) converting the licensed owner's self-propelled excursion
boat into a permanently moored craft.
(b) Upon receiving the commission's approval of a conversion
plan submitted under subsection (a), a licensed owner may disable
the propulsion and navigation equipment that had been required
to comply with section 6(a) of this chapter.
(c) A licensed owner operating a permanently moored craft is
not required to employ personnel that had been required to
operate a self-propelled excursion boat.".
Renumber all SECTIONS consecutively.
(Reference is to ESB 429 as printed April 1, 2011.)
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MO042901/DI 92 2011