Bill Text: MI HB4151 | 2011-2012 | 96th Legislature | Introduced

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Bill Title: Gaming; horse racing; gaming control board; require representation of equine industry interests. Amends sec. 4 of 1996 IL 1 (MCL 432.204).

Spectrum: Partisan Bill (Republican 5-0)

Status: (Introduced - Dead) 2011-12-01 - Re-referred To Committee On Agriculture [HB4151 Detail]

Download: Michigan-2011-HB4151-Introduced.html

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HOUSE BILL No. 4151

 

January 26, 2011, Introduced by Reps. Denby, Kowall, Kurtz, Daley and Rogers and referred to the Committee on Agriculture.

 

     A bill to amend 1996 IL 1, entitled

 

"Michigan gaming control and revenue act,"

 

by amending section 4 (MCL 432.204), as amended by 1997 PA 69.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 4. (1) The Michigan gaming control board is created

 

within the department of treasury. The board shall have has the

 

powers and duties specified in this act and all other powers

 

necessary and proper to fully and effectively execute and

 

administer this act for the purpose of licensing, regulating, and

 

enforcing the system of casino gambling established under this act.

 

     (2) The board shall consist of 5 members, not more than 3 of

 

whom shall be members of the same political party and 1 of whom

 

shall be a representative of the equine industry, to be appointed

 

by the governor with the advice and consent of the senate. , 1 One

 

of whom the members shall be designated by the governor to be

 

chairperson. Each member shall be a resident of this state.

 

     (3) The members shall be appointed for terms of 4 years,

 

except of those who are first appointed, 1 member shall be

 

appointed for a term of 2 years, 2 members shall be appointed for a

 

term of 3 years and 2 members shall be appointed for a term of 4

 

years. A member's term shall expire expires on December 31 of the

 

last year of the member's term. In the event of If there is a

 

vacancy on the board, the governor shall appoint in like manner a

 

successor pursuant to subsection (2) to fill the unexpired term.

 

     (4) Each A member of the board shall be reimbursed for all

 

actual and necessary expenses and disbursements incurred in the

 

execution of official duties.

 

     (5) A board member shall not hold any other public office for

 

which he or she shall receive receives compensation other than

 

necessary travel or other incidental expenses.

 

     (6) A The governor shall not appoint to the board, and a

 

member shall not remain on the board if the member is, a person who

 

is not of good moral character or who has been indicted or for,

 

charged with, or convicted of, pled guilty or nolo contendre

 

contendere to, or forfeited bail concerning a felony or a

 

misdemeanor involving gambling, theft, dishonesty, or fraud under

 

the laws of this state, any other state, or the United States or a

 

local ordinance in any state involving gambling, dishonesty, theft,

 

or fraud that substantially corresponds to a misdemeanor in that

 

state. shall not be appointed or remain as a member of the board.

 

     (7) Any A member of the board may be removed by the governor

 

for neglect of duty, misfeasance, malfeasance, nonfeasance, or any

 

other just cause.

 

     (8) The governor shall appoint the executive director of the

 

board to serve a 6-year term. After the effective date of the act

 

that added this subsection, the The appointment of the executive

 

director shall require requires the approval of the senate by a

 

record roll call vote. The executive director shall perform any and

 

all duties that the board shall assign assigns to him or her. The

 

executive director shall be reimbursed for all actual and necessary

 

expenses incurred by him or her in the discharge of his or her

 

official duties. The executive director shall keep records of all

 

proceedings of the board and shall preserve all records, books,

 

documents, and other papers belonging to the board or entrusted to

 

its care. The executive director shall devote his or her full time

 

to the duties of the office and shall not hold any other office or

 

employment. A vacancy in the position of executive director shall

 

be filled as provided in this subsection for a new 6-year term.

 

     (9) The board shall employ personnel as may be necessary to

 

carry out the functions of the board. under this act.

 

     (10) A person shall not be appointed to or employed by the

 

board if any of the following circumstances exist:

 

     (a) During the 3 years immediately preceding appointment or

 

employment, the person held any direct or indirect interest in, or

 

any employment by, a person who is licensed to operate a casino

 

under this act or in another jurisdiction, a person who had an

 

application to operate a casino pending before the board or any

 

other jurisdiction, or a casino enterprise. However, the person may

 

be employed by the board if his or her interest in any a casino

 

licensee or casino enterprise would not, in the opinion of the

 

board, interfere with the objective discharge of the person's

 

employment obligations. However, a person shall not be employed by

 

the board if his or her interest in the casino licensee or casino

 

enterprise constitutes a controlling interest in that casino

 

licensee or casino enterprise.

 

     (b) The person or his or her spouse, parent, child, child's

 

spouse, sibling, or spouse of a sibling is a member of the board of

 

directors of or a person financially interested in any person

 

licensed as a casino licensee or casino supplier, any person who

 

has an application for a license pending before the board, or a

 

casino enterprise.

 

     (11) Each An individual who is a member, of the board, the

 

executive director, and each or a key employee as determined by the

 

board shall file with the governor a financial disclosure statement

 

listing all assets and liabilities, property and business

 

interests, and sources of income of the member, executive director,

 

and each or key employee and any of their spouses his or her spouse

 

affirming that the member, executive director, and or key employee

 

are is in compliance with subsection (10)(a) and (b). of this act.

 

The financial disclosure statement shall be made under oath and

 

shall be filed at the time of employment and annually thereafter.

 

     (12) Each An employee of the board shall file with the board a

 

financial disclosure statement listing all assets and liabilities,

 

property and business interests, and sources of income of the

 

employee and his or her spouse. This subsection does not apply to

 

the executive director or a key employee.

 

     (13) A member, of the board, executive director, or key

 

employee shall not hold any direct or indirect interest in, be

 

employed by, or enter into a contract for services with an

 

applicant, a person licensed by or registered with the board, or a

 

casino enterprise for a period of 4 years after the date his or her

 

membership on the board terminates.

 

     (14) An employee of the board shall not acquire any a direct

 

or indirect interest in, be employed by, or enter into a contract

 

for services with any an applicant, person licensed by the board,

 

or casino enterprise for a period of 2 years after the date his or

 

her employment with the board is terminated.

 

     (15) A board member or a person employed by the board shall

 

not represent any a person or party other than the this state

 

before or against the board for a period of 2 years after the

 

termination of his or her office or employment with the board.

 

     (16) A business entity in which a former board member or an

 

employee or agent of the board has an interest, or any a partner,

 

officer, or employee of the business entity shall not make any an

 

appearance or representation that is prohibited to that the former

 

member, employee, or agent. As used in this subsection, "business

 

entity" means a corporation, limited liability company,

 

partnership, limited liability partnership, association, trust, or

 

other form of legal entity.

 

     (17) The board shall have has the general responsibility for

 

the implementation of implementing this act. The board's duties

 

include, but are not limited to, all of the following:

 

     (a) Deciding in a reasonable period of time all casino license

 

applications. A casino license applicant shall have has the burden

 

to establish of establishing by clear and convincing evidence their

 

the applicant's suitability as to integrity, moral character, and

 

reputation; personal and business probity; financial ability and

 

experience; responsibility; and other criteria considered

 

appropriate by the board. The criteria considered appropriate by

 

the board shall not be establish criteria under this subdivision

 

that are arbitrary, capricious, or contradictory to the expressed

 

provisions of this act.

 

     (b) To decide in reasonable order all license applications.

 

Except for casino license applicants granted a hearing under

 

section 6(7), any a party aggrieved by an action of the board

 

denying, suspending, revoking, restricting, or refusing to renew a

 

license , or imposing a fine , may request a hearing before the

 

board. A request for a hearing shall be made to the board in

 

writing within 21 days after service of notice of the action of the

 

board. Notice of the action of the board shall be served either by

 

personal delivery or by certified mail, postage prepaid, to the

 

aggrieved party. Notice served by certified mail shall be

 

considered is complete on the business day following after the date

 

of the mailing.

 

     (c) Conducting its public meetings in compliance with the open

 

meetings act, 1976 PA 267, MCL 15.231 to 15.246 15.261 to 15.275.

 

     (d) Promulgating the rules as may be necessary to implement,

 

administer, and enforce this act. All rules A rule promulgated

 

under this act shall not be arbitrary, capricious, or contradictory

 

to the expressed provisions of this act. The rules may include, but

 

need not be limited to, rules that do 1 or more of the following:

 

     (i) Govern, restrict, approve, or regulate the casino gaming

 

authorized in this act.

 

     (ii) Promote the safety, security, and integrity of casino

 

gaming authorized in this act.

 

     (iii) License and regulate persons participating in or involved

 

with casino gaming authorized in this act.

 

     (e) Providing for the establishment and collection of all

 

license and registration fees and taxes imposed by this act and the

 

rules promulgated by the board.

 

     (f) Providing for the levy and collection of penalties and

 

fines for the violation of this act and the rules promulgated by

 

the board.

 

     (g) Being present through its inspectors, agents, auditors and

 

the Michigan department of state police or attorney general at any

 

time in any a casino and related or casino enterprise for the

 

purpose of certifying the revenue thereof of the casino licensee,

 

receiving complaints from the public, and conducting other

 

investigations into the conduct of the gambling games and the

 

maintenance of the equipment as from time to time the board may

 

consider considers necessary and proper to assure compliance with

 

this act and the rules promulgated by the board and to protect and

 

promote the overall safety, security, and integrity of casino

 

gaming authorized in this act.

 

     (h) Reviewing and ruling upon any complaint by a licensee

 

regarding any investigative procedures of the this state which that

 

are unnecessarily disruptive of gambling operations. The need to

 

inspect and investigate shall be presumed at all times. A licensee

 

shall establish by clear and convincing evidence that its

 

operations were disrupted, the procedures had no reasonable law

 

enforcement or regulatory purposes, and the procedures were so

 

disruptive as to unreasonably inhibit gambling operations.

 

     (i) Holding at least 1 public meeting each quarter of the

 

fiscal year. In addition, special meetings may be called by the

 

chairperson or any 2 board members upon 72 hours' written notice to

 

each member. Three members of the board shall constitute a quorum,

 

except when that in making determinations a determination on

 

applications an application for a casino licenses when license, 4

 

members shall constitute a quorum. Three votes shall be are

 

required in support of a final determinations determination of the

 

board on applications an application for a casino licenses license.

 

The board shall keep a complete and accurate record of all its

 

meetings and hearings. Upon order of the board, 1 of the board

 

members or a hearing officer designated by the board may conduct

 

any hearing provided for under this act or by the rules promulgated

 

by the board and may recommend findings and decisions to the board.

 

The board A member or hearing officer conducting the a hearing

 

shall have has all powers and rights regarding the conduct of

 

hearings granted to the board under this act. The board or a

 

majority of the members shall review a record made at the time of

 

the hearing, shall be reviewed by the board, or a majority of the

 

board, and the findings and decision of the a majority of the board

 

shall members constitute the order of the board in the case.

 

     (j) Maintaining records which that are separate and distinct

 

from the records of any other state board. The records shall be

 

available for public inspection subject to the limitations of this

 

act, and shall accurately reflect all board proceedings.

 

     (k) Reviewing the patterns of wagering and wins and losses by

 

persons in casinos under this act and make making recommendations

 

to the governor and the legislature in a written annual report to

 

the governor and the legislature and additional reports as

 

requested by the governor. may request. The annual report shall

 

include a statement of receipts and disbursements by the board,

 

actions taken by the board, and any additional information and

 

recommendations that the board considers appropriate or that the

 

governor may request requests.