HB 1004-30_ Filed 02/26/2002, 10:10 Server
SENATE MOTION
MR. PRESIDENT:
I move
that Engrossed House Bill 1004 be amended to read as follows:
SOURCE: Page 9, line 3; (02)MO100465.9. -->
Page 9, delete lines 3 through 42.
Delete pages 10 through 11.
Page 12, delete lines 1 through 32, begin a new paragraph and
insert:
SOURCE: IC 4-33-2-5.6; (02)MO100465.8. -->
"SECTION 8.
IC 4-33-2-5.6
IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2002]: Sec. 5.6. "Cruise" means to depart from the dock while
gambling is conducted.
SOURCE: IC 4-33-2-7; (02)MO100465.9. -->
SECTION 9.
IC 4-33-2-7
IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2002]: Sec. 7. "Dock" means the location where
an excursion a riverboat moors for the purpose of embarking
passengers for onto and disembarking passengers from a gambling
excursion. the riverboat.
SOURCE: IC 4-33-2-15.5; (02)MO100465.10. -->
SECTION 10.
IC 4-33-2-15.5
IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2002]: Sec. 15.5. "Patron" means an
individual who:
(1) boards a riverboat; and
(2) is not entitled to receive a tax free pass.
SOURCE: IC 4-33-2-16.5; (02)MO100465.11. -->
SECTION 11.
IC 4-33-2-16.5
IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2002]: Sec. 16.5. "Reporting period" means
a twenty-four (24) hour increment used by the department under
this article, commencing at 6 a.m. on one (1) day and concluding at
5:59 a.m. on the following day.
SOURCE: IC 4-33-4-10; (02)MO100465.12. -->
SECTION 12.
IC 4-33-4-10
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 10. If a riverboat
cruises, the commission shall authorize the route of a the riverboat and
the stops, if any, that the riverboat may make while on a cruise.
SOURCE: IC 4-33-4-21.2; (02)MO100465.13. -->
SECTION 13.
IC 4-33-4-21.2
, AS AMENDED BY P.L.215-2001,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 21.2. (a) The Indiana gaming commission shall
require a licensed owner to conspicuously display the number of the
toll free telephone line described in
IC 4-33-12-6
in the following
locations:
(1) On each admission ticket to a riverboat gambling excursion.
if tickets are issued.
(2) On a poster or placard that is on display in a public area of
each riverboat where gambling games are conducted.
(b) The toll free telephone line described in
IC 4-33-12-6
must be:
(1) maintained by the division of mental health and addiction
under
IC 12-23-1-6
; and
(2) funded by the addiction services fund established by
IC 12-23-2-2.
(c) The commission may adopt rules under
IC 4-22-2
necessary to
carry out this section.
SOURCE: IC 4-33-6-1; (02)MO100465.14. -->
SECTION 14.
IC 4-33-6-1
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 1. (a) The commission
may issue to a person a license to own one (1) a riverboat subject to the
numerical and geographical limitation of owner's licenses under this
section, section 3.5 of this chapter, and
IC 4-33-4-17.
However, not
more than eleven (11) owner's licenses may be in effect at any time.
Except as provided in subsection (b), those eleven (11) licenses are as
follows:
(1) Two (2) licenses for a riverboat that operates from the largest
city located in the counties described under
IC 4-33-1-1
(1).
(2) One (1) license for a riverboat that operates from the second
largest city located in the counties described under
IC 4-33-1-1
(1).
(3) One (1) license for a riverboat that operates from the third
largest city located in the counties described under
IC 4-33-1-1
(1).
(4) One (1) license for a city located in the counties described
under
IC 4-33-1-1
(1). This license may not be issued to a city
described in subdivisions (1) through (3).
(5) A total of five (5) licenses for riverboats that operate upon the
Ohio River from counties described under
IC 4-33-1-1
(2). The
commission may not issue a license to an applicant if the issuance
of the license would result in more than one (1) riverboat
operating from a county described in
IC 4-33-1-1
(2).
(6) One (1) license for a riverboat that operates upon Patoka Lake
from a county described under
IC 4-33-1-1
(3).
(b) If a city described in subsection (a)(2) or (a)(3) conducts two (2)
elections under section 20 of this chapter, and the voters of the city do
not vote in favor of permitting riverboat gambling at either of those
elections, the license assigned to that city under subsection (a)(2) or
(a)(3) may be issued to any city that:
(1) does not already have a riverboat operating from the city; and
(2) is located in a county described in
IC 4-33-1-1
(1).
SOURCE: IC 4-33-6-3; (02)MO100465.15. -->
SECTION 15.
IC 4-33-6-3
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 3. The commission may
not issue an owner's license under this chapter to a person if:
(1) the person has been convicted of a felony under Indiana law,
the laws of any other state, or laws of the United States;
(2) the person has knowingly or intentionally submitted an
application for a license under this chapter that contains false
information;
(3) the person is a member of the commission;
(4) the person is an officer, a director, or a managerial employee
of a person described in subdivision (1) or (2);
(5) the person employs an individual who:
(A) is described in subdivision (1), (2), or (3); and
(B) participates in the management or operation of gambling
operations authorized under this article;
(6) the person owns an ownership interest of more than ten
percent (10%) in more than one (1) other person holding an
owner's license issued under the total amount of ownership
interest permitted under section 3.5 of this chapter; or
(7) a license issued to the person:
(A) under this article; or
(B) to own or operate gambling facilities in another
jurisdiction;
has been revoked.
SOURCE: IC 4-33-6-3.5; (02)MO100465.16. -->
SECTION 16.
IC 4-33-6-3.5
IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2002]: Sec. 3.5. (a) For purposes of this section, a person is
considered to have an ownership interest in a riverboat owner's
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 licenses
issued under this chapter.
(c) A person may not have an ownership interest in more than
two (2) riverboat owner's licenses issued under this chapter.
(d) This section may not be construed to increase the maximum
number of licenses permitted under section 1 of this chapter or the
number of riverboats that may be owned and operated under a
license under section 10 of this chapter.
SOURCE: IC 4-33-6-9; (02)MO100465.17. -->
SECTION 17.
IC 4-33-6-9
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 9. (a) A licensed owner
must post a bond with the commission at least sixty (60) days before
the commencement of
regular gambling on the riverboat.
excursions.
(b) The bond shall be furnished in:
(1) cash or negotiable securities;
(2) a surety bond:
(A) with a surety company approved by the commission; and
(B) guaranteed by a satisfactory guarantor; or
(3) an irrevocable letter of credit issued by a banking institution
of Indiana acceptable to the commission.
(c) If a bond is furnished in cash or negotiable securities, the
principal shall be placed without restriction at the disposal of the
commission, but income inures to the benefit of the licensee.
(d) The bond:
(1) is subject to the approval of the commission;
(2) must be in an amount that the commission determines will
adequately reflect the amount that a local community will expend
for infrastructure and other facilities associated with a riverboat
operation; and
(3) must be payable to the commission as obligee for use in
payment of the licensed owner's financial obligations to the local
community, the state, and other aggrieved parties, as determined
by the rules of the commission.
(e) If after a hearing (after at least five (5) days written notice) the
commission determines that the amount of a licensed owner's bond is
insufficient, the licensed owner shall upon written demand of the
commission file a new bond.
(f) The commission may require a licensed owner to file a new bond
with a satisfactory surety in the same form and amount if:
(1) liability on the old bond is discharged or reduced by judgment
rendered, payment made, or otherwise; or
(2) in the opinion of the commission any surety on the old bond
becomes unsatisfactory.
(g) If a new bond obtained under subsection (e) or (f) is
unsatisfactory, the commission shall cancel the owner's license. If the
new bond is satisfactorily furnished, the commission shall release in
writing the surety on the old bond from any liability accruing after the
effective date of the new bond.
(h) A bond is released on the condition that the licensed owner
remains at the site for which the owner's license is granted for the
lesser of:
(1) five (5) years; or
(2) the date the commission grants a license to another licensed
owner to operate from the site for which the bond was posted.
(i) A licensed owner who does not meet the requirements of
subsection (h) forfeits a bond filed under this section. The proceeds of
a bond that is in default under this subsection are paid to the
commission for the benefit of the local unit from which the riverboat
operated.
(j) The total and aggregate liability of the surety on a bond is limited
to the amount specified in the bond and the continuous nature of the
bond may in no event be construed as allowing the liability of the
surety under a bond to accumulate for each successive approval period
during which the bond is in force.
(k) A bond filed under this section is released sixty (60) days after:
(1) the time has run under subsection (h); and
(2) a written request is submitted by the licensed owner.
SOURCE: IC 4-33-6-10; (02)MO100465.18. -->
SECTION 18.
IC 4-33-6-10
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: 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) An owner's license issued under this chapter permits the
holder to:
(1) conduct gambling games authorized under this article
while the riverboat is cruising or docked; and
(2) allow the continuous ingress and egress of passengers for
purposes of gambling.
(c) An owner's license issued under this chapter must specify the
place where the riverboat must operate and dock. However, the
commission may permit the 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.
(c) (d) An owner's initial license expires five (5) years after the
effective date of the license.
SOURCE: IC 4-33-6-11; (02)MO100465.19. -->
SECTION 19.
IC 4-33-6-11
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 11. The commission
may revoke an owner's license if:
(1) the licensee begins regular riverboat excursions operations
more than twelve (12) months after receiving the commission's
approval of the application for the license; and
(2) the commission determines that the revocation of the license
is in the best interests of Indiana.
SOURCE: IC 4-33-9-3; (02)MO100465.20. -->
SECTION 20.
IC 4-33-9-3
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 3. (a) Except as
provided in subsection (b), a riverboat excursions cruise may not
exceed four (4) hours for a round trip.
(b) Subsection (a) does not apply to an extended cruise that is
expressly approved by the commission.
SOURCE: IC 4-33-9-14; (02)MO100465.21. -->
SECTION 21.
IC 4-33-9-14
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 14. (a) This section
applies only to a riverboat that operates from a county that is
contiguous to the Ohio River.
(b) A gambling excursion cruise is permitted only when the
navigable waterway for which the riverboat is licensed is navigable, as
determined by the commission in consultation with the United States
Army Corps of Engineers.
SOURCE: IC 4-33-10-5; (02)MO100465.22. -->
SECTION 22.
IC 4-33-10-5
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 5. An action to
prosecute a crime occurring during a gambling excursion on a
riverboat shall be tried in the county of the dock where the riverboat
is based. located.
SOURCE: IC 4-33-12-1; (02)MO100465.23. -->
SECTION 23.
IC 4-33-12-1
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 1. (a) A tax is imposed
on admissions to gambling excursions a riverboat authorized under
this article at a rate of three dollars ($3) for each person admitted to the
gambling excursion. patron who is on board at the time a passenger
count is recorded.
(b) Passenger counts must be recorded one (1) hour after the
start of each reporting period and once every two (2) hours
thereafter under procedures approved by the commission.
(c) If the riverboat's schedule as approved by the commission
does not provide for the riverboat to be open to the public at the
start of the reporting period, passenger counts must be recorded
one (1) hour after the riverboat begins admitting patrons during a
reporting period and once every two (2) hours thereafter under
procedures approved by the commission.
(d) This admission tax is imposed upon the licensed owner
conducting the gambling excursion. operations.
SOURCE: IC 4-33-13-1; (02)MO100465.24. -->
SECTION 24.
IC 4-33-13-1
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 1. (a) A tax is imposed
on the adjusted gross receipts received from gambling games
authorized under this article at the rate of twenty percent (20%) of the
amount of the adjusted gross receipts set forth in the following table:
Adjusted Gross Receipts
Reported During the State Fiscal Year Tax Rate
Less than $100,000,000 20%
At least $100,000,000 but
less than $150,000,0000 22.5%
At least $150,000,000 but
less than $200,000,000 23.5%
At least $200,000,000 24.5%
(b) The licensed owner shall remit the tax imposed by this chapter to
the department before the close of the business day following the day
the wagers are made.
(c) The department may require payment under this section to be
made by electronic funds transfer (as defined in
IC 4-8.1-2-7
(e)).
(d) If the department requires taxes to be remitted under this chapter
through electronic funds transfer, the department may allow the
licensed owner to file a monthly report to reconcile the amounts
remitted to the department.
(e) The department may allow taxes remitted under this section to be
reported on the same form used for taxes paid under
IC 4-33-12.
(f) Each month the department shall determine the following:
(1) The amount of taxes imposed by this chapter that are
remitted by a licensed owner.
(2) The amount of taxes imposed by this chapter that
would have been remitted by a licensed owner if the
licensed owner's adjusted gross receipts received from
gambling games authorized by this article had been taxed
at the rate of twenty percent (20%).
(3) The result of the subdivision (2) amount multiplied by
twenty-five percent (25%).
(4) The result of the subdivision (2) amount multiplied by
seventy-five percent (75%).
(5) The result of the subdivision (1) amount minus the
subdivision (2) amount.".
SOURCE: Page 149, line 15; (02)MO100465.149. -->
Page 149, between lines 15 and 16, begin a new paragraph and
insert:
SOURCE: ; (02)MO100465.132. -->
"SECTION 132. [EFFECTIVE JULY 1, 2002]
IC 4-33-13-1
, as
amended by this act, applies to riverboat wagering taxes collected
after June 30, 2002.".
SOURCE: Page 157, line 11; (02)MO100465.157. -->
Page 157, between lines 11 and 12, begin a new paragraph and
insert:
SOURCE: IC 4-33-2-8; IC 4-33-9-2; IC 4-33-12-2.".
; (02)MO100465.153. -->
"SECTION 153. THE FOLLOWING ARE REPEALED
[EFFECTIVE JULY 1, 2002]:
IC 4-33-2-8
;
IC 4-33-9-2
;
IC 4-33-12-2.".
Renumber all SECTIONS consecutively.
(Reference is to EHB 1004 as printed February 22, 2002.)
________________________________________
MO100465/DI 92 2002