Introduced Version
HOUSE BILL No. 1197
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 4-33.
Synopsis: Gaming matters. Provides that the Indiana gaming
commission's annual report is due on September 1 instead of March 1.
Authorizes the commission to adopt rules to implement a voluntary
exclusion program for problem gamblers. Provides for an alternative
certification by the commission if the United States Coast Guard
discontinues inspecting riverboats. Provides that civil penalties
imposed upon gaming suppliers are equal to the greater of $5,000 or
5% of the supplier's sales to the riverboats in the 12 months preceding
the disciplinary action.
Effective: January 1, 2003 (retroactive); July 1, 2003.
Lytle
January 8, 2003, read first time and referred to Committee on Public Policy, Ethics and
Veterans Affairs.
Introduced
First Regular Session 113th General Assembly (2003)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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HOUSE BILL No. 1197
A BILL FOR AN ACT to amend the Indiana Code concerning
gaming.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 4-33-3-22; (03)IN1197.1.1. -->
SECTION 1.
IC 4-33-3-22
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2003 (RETROACTIVE)]:
Sec. 22. (a) The commission shall file a written annual report with the
governor before March September 1 of each year. The commission
shall file any additional reports that the governor requests.
(b) The annual report filed under this section must include a
statement describing the following:
(1) The receipts and disbursements of the commission.
(2) Actions taken by the commission.
(3) Any additional information and recommendations that:
(A) the commission considers useful; or
(B) the governor requests.
SOURCE: IC 4-33-4-3; (03)IN1197.1.2. -->
SECTION 2.
IC 4-33-4-3
, AS AMENDED BY P.L.14-2000,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 3. (a) The commission shall do the following:
(1) Adopt rules that the commission determines necessary to
protect or enhance the following:
(A) The credibility and integrity of gambling operations
authorized by this article.
(B) The regulatory process provided in this article.
(C) The natural environment and scenic beauty of Patoka
Lake.
(2) Conduct all hearings concerning civil violations of this article.
(3) Provide for the establishment and collection of license fees
and taxes imposed under this article.
(4) Deposit the license fees and taxes in the state gaming fund
established by
IC 4-33-13.
(5) Levy and collect penalties for noncriminal violations of this
article.
(6) Deposit the penalties in the state gaming fund established by
IC 4-33-13.
(7) Be present through the commission's inspectors and agents
during the time gambling operations are conducted on a riverboat
to do the following:
(A) Certify the revenue received by a riverboat.
(B) Receive complaints from the public.
(C) Conduct other investigations into the conduct of the
gambling games and the maintenance of the equipment that
the commission considers necessary and proper.
(D) With respect to riverboats that operate on Patoka Lake,
ensure compliance with the following:
(i)
IC 14-26-2-6.
(ii)
IC 14-26-2-7.
(iii)
IC 14-28-1.
(8) Adopt emergency rules under
IC 4-22-2-37.1
if the
commission determines that:
(A) the need for a rule is so immediate and substantial that
rulemaking procedures under
IC 4-22-2-13
through
IC 4-22-2-36
are inadequate to address the need; and
(B) an emergency rule is likely to address the need.
(9) Adopt rules to establish and implement a voluntary
program for the exclusion from riverboats of certain patrons
who wish to participate in the voluntary exclusion program.
(b) The commission shall begin rulemaking procedures under
IC 4-22-2-13
through
IC 4-22-2-36
to adopt an emergency rule adopted
under subsection (a)(8) not later than thirty (30) days after the adoption
of the emergency rule under subsection (a)(8).
(c) Rules adopted under subsection (a)(9) must provide the
following:
(1) That a person who participates in the voluntary exclusion
program agrees to refrain from entering a riverboat at any
time after the date the person enters the program.
(2) That the name of a person participating in the program
will be included on a list of persons excluded from all
riverboats.
(3) That a person who participates in the voluntary exclusion
program may not petition the commission for readmittance
onto a riverboat.
(4) That the list of patrons entering the voluntary exclusion
program is confidential and may only be disseminated by the
commission to the riverboat owners for purposes of
enforcement.
(5) That the personal information of a person who
participates in the voluntary exclusion program is
confidential.
(6) That a riverboat owner shall cease all direct marketing
efforts to a person participating in the program.
(7) That a riverboat owner may not cash the check of a person
participating in the program. However, the voluntary
exclusion program does not preclude a riverboat owner from
seeking the payment of a debt accrued by a person before
entering the program.
SOURCE: IC 4-33-4-7; (03)IN1197.1.3. -->
SECTION 3.
IC 4-33-4-7
IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]: Sec. 7. (a) The commission may eject or
exclude or authorize the ejection or exclusion of a person from
riverboat gambling facilities if:
(1) the person's name is on the list of persons voluntarily
excluding themselves from all riverboats under the rules of
the commission adopted under section 3 of this chapter;
(1) (2) the person violates this article; or
(2) (3) the commission determines that the person's conduct or
reputation is such that the person's presence within the riverboat
gambling facilities may:
(A) call into question the honesty and integrity of the gambling
operations; or
(B) interfere with the orderly conduct of the gambling
operations.
(b) A person, other than a person participating in a voluntary
exclusion program, may petition the commission for a hearing on the
person's ejection or exclusion under this section.
SOURCE: IC 4-33-4-8; (03)IN1197.1.4. -->
SECTION 4.
IC 4-33-4-8
IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]: Sec. 8. If a licensee or an employee of
a licensee violates this article or engages in a fraudulent act, the
commission may do any combination of the following:
(1) Suspend, revoke, or restrict the license of the licensee.
(2) Require the removal of a licensee or an employee of a
licensee.
(3) Impose a civil penalty of not more than five thousand dollars
($5,000) against an individual who has been issued an
occupational license or a person who has been issued a supplier's
license for each violation of this article.
(4) Impose a civil penalty of not more than the greater of:
(A) ten thousand dollars ($10,000); or
(B) an amount equal to the licensee's daily gross receipts for
the day of the violation;
against an owner for each violation of this article.
(5) Impose a civil penalty of not more than the greater of:
(A) five thousand dollars ($5,000); or
(B) an amount equal to:
(i) the licensee's total sales to riverboats licensed under
this article in the twelve (12) months preceding the date
of the disciplinary action; multiplied by
(ii) five percent (5%);
against a person who has been issued a suppliers license for
each violation of this article.
SOURCE: IC 4-33-6-6; (03)IN1197.1.5. -->
SECTION 5.
IC 4-33-6-6
IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]: Sec. 6. (a) 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) any other certification required by the commission if
the United States Coast Guard discontinues issuing
certificates of inspection to riverboats licensed under this
article; and
(2) be at least one hundred fifty (150) feet in length.
(b) A riverboat that operates on Patoka Lake must:
(1) have the capacity to carry at least five hundred (500)
passengers;
(2) be at least one hundred fifty (150) feet in length; and
(3) meet safety standards required by the commission.
(c) 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.
SOURCE: ; (03)IN1197.1.6. -->
SECTION 6.
An emergency is declared for this act.