HB0045_S_Amend

Lost

AMENDMENT NO 1 PROPOSED TO

House Bill No. 45

BY: Senator(s) Ross, Burton, Davis, Flowers, Clarke, Kirby

AMEND lines 37, 133, 138, 170, 233, 238, 270, 322, 327, 359, 383, 388, 420, 439, 444 and 476 by inserting the following after 19-3-79:

prior to the effective date of this act

AMEND by inserting the following after line 478 and renumbering subsequent sections accordingly:

SECTION *. Section 19-3-79, Mississippi Code of 1972, is amended as follows:

19-3-79. (1) Any person, corporation or other legal entity required to obtain a state gaming license to conduct legal gaming aboard a cruise vessel or vessel, as defined in Section 27-109-1, as prescribed by the Mississippi Gaming Control Act shall, before applying for such license, provide the Mississippi Gaming Commission with a written notice of intent to apply for a license. The "notice of intent to apply for a gaming license" shall be on a form prescribed by the executive director of the commission and shall state the county in which the intending licensee desires to conduct legal gaming aboard a cruise vessel or vessel, as the case may be. Within ten (10) days after receipt of a notice of intent to apply for a gaming license, the commission shall require such person, corporation or legal entity to publish the notice once each week for three (3) consecutive weeks in a newspaper having general circulation in the county in which the intending licensee desires to conduct legal gaming aboard a cruise vessel or vessel, as the case may be.

(2) If no petition as prescribed in subsection (3) of this section is filed with the board of supervisors of the applicable county within thirty (30) days after the date of the last publication, the board of supervisors of such county shall adopt a resolution stating that no petition was timely filed and that legal gaming may henceforth be conducted aboard cruise vessels or vessels, as the case may be, in such county in accordance with other applicable provisions of law.

(3) If a petition signed by twenty percent (20%) or fifteen hundred (1500), whichever is less, of the registered voters of a county in which a notice of intent to apply for a gaming license is published is filed within thirty (30) days of the date of the last publication with the circuit clerk of the applicable county, the board of supervisors of such county shall authorize the circuit clerk to hold an election on the proposition of allowing legal gaming to be conducted aboard cruise vessels or vessels, as the case may be, in the county on the date upon which such an election may be conducted under subsection (7). The referendum shall be advertised, held, conducted and the result thereof canvassed in the manner provided by law for advertising, holding and canvassing county elections.

(4) At such election, all qualified electors of such county may vote. The ballots used at such election shall have printed thereon a brief statement of the purpose of the election and the words "FOR LEGAL GAMING ABOARD CRUISE VESSELS (OR VESSELS) IN THE COUNTY AS PRESCRIBED BY LAW" and "AGAINST LEGAL GAMING ABOARD CRUISE VESSELS (OR VESSELS) IN THE COUNTY AS PRESCRIBED BY LAW." The voter shall vote by placing a cross (x) or check (√) mark opposite his choice on the proposition. If a majority of the qualified electors who vote in such election shall vote in favor of allowing legal gaming to be conducted aboard cruise vessels or vessels, as the case may be, then legal gaming may henceforth be conducted aboard cruise vessels or vessels, as the case may be, in the county in accordance with other applicable provisions of law. If less than a majority of the qualified electors who vote in such election shall vote in favor of allowing legal gaming to be conducted aboard cruise vessels or vessels, as the case may be, in the county, then gaming aboard cruise vessels or vessels, as the case may be, shall be prohibited in the county until such time as a subsequent election, held according to the restrictions specified in subsection (7), may authorize such legal gaming.

(5) In any county in which no petition is timely filed after a notice of intent to apply for a gaming license is published, or in which an election is held on the proposition of allowing legal gaming to be conducted aboard cruise vessels or vessels, as the case may be, in the county and a majority of the qualified electors who vote in such election vote in favor of allowing legal gaming to be conducted aboard cruise vessels or vessels, as the case may be, in the county, no election shall thereafter be held in that county pursuant to this section on the proposition of allowing legal gaming to be conducted aboard cruise vessels or vessels, as the case may be, in that county.

(6) Notwithstanding any provision of this section or Sections 97-33-1, 97-33-7, 97-33-17, 97-33-25 and 97-33-27 to the contrary, if an election is held pursuant to this section which causes the conducting of gaming aboard cruise vessels to be prohibited in any county in which one or more cruise vessels were operating out of a port in the county on the effective date of this chapter, the prohibition on the conducting of gaming aboard cruise vessels in that county shall not apply to the conducting of legal gaming aboard any of those cruise vessels which were still operating out of a port in that county at the time of the election.

(7) If an election has been held on the issue of allowing legal gaming to be conducted aboard cruise vessels or vessels, as the case may be, in a county, and the authority to conduct such legal gaming has been denied by the electors of such county, then a subsequent election on such issue may not be held until:

(a) The date of the next succeeding general election in which the election for President of the United States occurs; or

(b) In the case in which the authority to conduct such legal gaming has been denied by the electors of such county at elections on three (3) different occasions, whether those occasions be successive or not, the date of the next succeeding general election occurring at least eight (8) years after the last of the three (3) occasions on which the electors denied the authority to conduct such legal gaming.

(8) From and after the effective date of House Bill No. 45, 2005 Fifth Extraordinary Session, no person, corporation or other legal entity may file a notice of intent to apply for a gaming license under this section, no petition may be filed pursuant to this section and no election may be conducted pursuant to this section.

SECTION *. (1) Before any expansion of legal gaming may become effective outside of the counties and areas in which legal gaming is authorized to be conducted on the effective date of this act, a statewide special election shall be held on the matter as provided in this section.

(2) Upon the adoption of legislation allowing expanding of legal gaming outside of the counties in which legal gaming is authorized to be conducted after the effective date of this act, a statewide special election shall be held on the proposition of allowing such expansion of legal gaming on the first Tuesday after the first Monday of November that is more than sixty (60) days after the passage of the act. The election shall be held, conducted and the result thereof canvassed in the same manner as a regular general election.

(3) At such election, all qualified electors of the state may vote. The ballots used at such election shall have printed thereon a brief statement of the purpose of the election and the words "FOR THE EXPANSION OF LEGAL GAMING" and "AGAINST THE EXPANSION OF LEGAL GAMING." The voter shall vote by placing a cross (x) or check (√) mark opposite his choice on the proposition. If a majority of the qualified electors who vote in such election shall vote in favor of allowing the expansion of legal gaming, then legal gaming may henceforth be conducted in the areas that the act of the Legislature designates. If less than a majority of the qualified electors who vote in such election shall vote in favor of allowing the expansion of legal gaming to be conducted in the areas that the act of the Legislature designated, then the act of the Legislature shall not become effective.

(4) The county election commissioners shall transmit to the Secretary of State, in the same manner as the vote for state officers is transmitted, a statement of the total number of votes cast for each proposition in the statewide special election. The Secretary of State shall tabulate such returns and certify the results to the Governor and to each house of the Legislature.

(5) The brief statement of the purpose of the election shall be prepared by the Secretary of State and approved by the Attorney General.

FURTHER, AMEND the title to conform.