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    WITHDRAWN        Noes _______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.)

________________________________________

Representative Riecken


MO042901/DI 92     2011