Bill Text: MI HB4307 | 2019-2020 | 100th Legislature | Introduced


Bill Title: Gaming; casinos; general amendments to the Michigan gaming control and revenue act; provide for. Amends secs. 2, 4, 4a, 4c, 4d, 5, 6, 6a, 6c, 7a, 7c, 8, 9, 9a, 9b, 9c, 12, 12a, 14, 18, 21 & 25 of 1996 IL 1 (MCL 432.202 et seq.) & repeals secs. 7b, 8a & 10 of 1996 IL 1 (MCL 432.207b et seq.). TIE BAR WITH: HB 4311'19

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2019-03-19 - Reported With Recommendation For Referral To Committee On Ways And Means [HB4307 Detail]

Download: Michigan-2019-HB4307-Introduced.html

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 4307

 

 

March 7, 2019, Introduced by Rep. Iden and referred to the Committee on Regulatory Reform.

 

     A bill to amend 1996 IL 1, entitled

 

"Michigan gaming control and revenue act,"

 

by amending sections 2, 4, 4a, 4c, 4d, 5, 6, 6a, 6c, 7a, 7c, 8, 9,

 

9a, 9b, 9c, 12, 12a, 14, 18, 21, and 25 (MCL 432.202, 432.204,

 

432.204a, 432.204c, 432.204d, 432.205, 432.206, 432.206a, 432.206c,

 

432.207a, 432.207c, 432.208, 432.209, 432.209a, 432.209b, 432.209c,

 

432.212, 432.212a, 432.214, 432.218, 432.221, and 432.225),

 

sections 2, 4, 5, 6, 8, 9, and 14 as amended and sections 4a, 4c,

 

4d, 6a, 6c, 7a, 7c, 9a, 9b, 9c, 12a, 18, 21, and 25 as added by

 

1997 PA 69 and section 12 as amended by 2004 PA 306; and to repeal

 

acts and parts of acts.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2. As used in this act:

 

     (a) "Adjusted gross receipts" means the gross receipts less

 

winnings paid to wagerers.


     (b) "Affiliate" means a person who, directly or indirectly,

 

through 1 or more intermediaries, controls , is controlled by, or

 

is under common control with; is in a partnership or joint venture

 

relationship with; or is a co-shareholder of a corporation, a co-

 

member of a limited liability company, or co-partner in a limited

 

liability partnership with a person who holds or applies for a

 

casino license licensee under this act.

 

     (c) "Affiliated company" means any form of business

 

organization which that controls, is controlled by or is under

 

common control with; is in a partnership or joint venture

 

relationship with; or is a co-shareholder of a corporation, a co-

 

member of a limited liability company, or co-partner in a limited

 

liability partnership with a person who holds or applies for a

 

casino license licensee under this act.

 

     (d) "Agent" means any person who is employed by any agency of

 

the this state, other than the board, the state police, or the

 

department of attorney general, who is assigned to perform full-

 

time services on behalf of or for the benefit of the board

 

regardless of the title or position held by that person.

 

     (e) "Applicant" means any person who applies for a license or

 

for registration under this act. The term applicant As used in

 

sections 4a(1)(a), 5(1), 5(2), 5(3), 5(4), 6(3), 6(4), 6(5), 6(9),

 

7a(4), 7a(5), and 7a(11) shall include 5(1) to (4), 6(3) to (5) and

 

(9), and 7a(4), (5), and (11), applicant includes an affiliate,

 

affiliated company, officer, director, or managerial employee of

 

the applicant who performs the function of principal executive

 

officer, principal operations officer, or principal accounting


officer, or a person who holds greater than 1% 5% direct or

 

indirect interest in the applicant. As used in this subdivision,

 

affiliate and affiliated company do not include a partnership, a

 

joint venture relationship, a co-shareholder of a corporation, a

 

co-member of a limited liability company, or a co-partner in a

 

limited liability partnership that has less than 1% a 5% or less

 

direct interest in the applicant and is not involved in the casino

 

or casino enterprise application as defined in rules promulgated by

 

the board.

 

     (f) "Board" means the Michigan gaming control board created

 

under section 4.

 

     (g) "Casino" means a building or buildings in which gaming is

 

conducted.

 

     (h) "Casino enterprise" means the buildings, facilities, or

 

rooms functionally or physically connected to a casino, including

 

but not limited to any bar, restaurant, hotel, cocktail lounge,

 

retail establishment, or arena or any other facility located in a

 

city under the control of a casino licensee. or affiliated company.

 

     (i) "Certified development agreement" means a development

 

agreement that has been certified by a city and submitted to the

 

Michigan gaming control board.

 

     (j) "Chairperson" means the chairperson of the board.

 

     (k) "Cheat" means to alter the selection of criteria which

 

that determine the result of a gambling game or the amount or

 

frequency of payment in a gambling game, in violation of this act

 

or rules promulgated under this act.

 

     (l) "City" means a local unit of government other than a


county which that meets all of the following criteria:

 

     (i) Has a population of at least 800,000 at the time a license

 

is issued.

 

     (ii) Is located within 100 miles of any other state or country

 

in which gaming was permitted on December 5, 1996.

 

     (iii) Had a majority of voters who expressed approval of

 

casino gaming in the city.

 

     (m) "Company" means a sole proprietorship, corporation,

 

partnership, limited liability partnership, limited liability

 

company, trust, association, joint stock company, joint venture,

 

tribal corporation, or other form of business organization.

 

     (n) "Compensation" means any money, thing of value, or

 

financial benefit conferred on or received by a person in return

 

for services rendered, or to be rendered, whether by that person or

 

another.

 

     (o) "Conflict of interest" means a situation in which the

 

private interest of a member, employee or agent of the board may

 

influence the judgment of the member, employee, or agent in the

 

performance of his or her public duty under this act. A conflict of

 

interest includes, but is not limited to, any of the following:

 

     (i) Any conduct that would lead a reasonable person, knowing

 

all of the circumstances, to conclude that the member, employee, or

 

agent of the board is biased against or in favor of an applicant.

 

     (ii) Acceptance of any form of compensation other than from

 

the board for any services rendered as part of the official duties

 

of the member, employee, or agent for the board.

 

     (iii) Participation in any business being transacted with or


before the board in which the member, employee, or agent of the

 

board or his or her parent, spouse, or child has a financial

 

interest.

 

     (iv) Use of the position, title, or any related authority of

 

the member, employee, or agent of the board in a manner designed

 

for personal gain or benefit.

 

     (v) Demonstration, through work or other action in the

 

performance of the official duties of the member, employee, or

 

agent of the board, of any preferential attitude or treatment of

 

any person.

 

     (p) "Control" means having a greater than 15% direct or

 

indirect pecuniary interest in the casino gaming operation with

 

respect to which the license is sought.

 

     (q) "Department" means the department of treasury.

 

     (r) "Development agreement" means a written agreement between

 

a city and a person naming the person as the designated developer

 

of a casino in the city and covering certain subjects including,

 

but not limited to, : approval all of the following:

 

     (i) Approval by the city of the location of the casino. ;

 

certification

 

     (ii) Certification by the city that the applicant has

 

sufficient financial resources to construct and open the casino

 

which that it proposes to develop. ; zoning

 

     (iii) Zoning and site plan requirements. ; utility

 

     (iv) Utility connection fees. ; infrastructure

 

     (v) Infrastructure improvements. ; requirements

 

     (vi) Requirements to utilize local businesses and small


businesses as suppliers. ; employment

 

     (vii) Employment issues. ; compulsive

 

     (viii) Compulsive gambling programs. ; insurance

 

     (ix) Insurance requirements. ; conceptual

 

     (x) Conceptual design approval. ; reimbursement

 

     (xi) Reimbursement for predevelopment and infrastructure

 

costs, traffic engineering, and other transportation costs. ; plans

 

     (xii) Plans for completion of destination attractions either

 

within or outside the casino facility and ancillary development

 

rights.

 

     (s) "Disciplinary action" is means an action by the board

 

suspending or revoking a license , or fining, excluding,

 

reprimanding, or otherwise penalizing a person for violating this

 

act or rules promulgated by the board.

 

     (t) "Ex parte communication" means any communication, direct

 

or indirect, regarding a licensing application, disciplinary

 

action, or a contested case under this act other than communication

 

that takes place during a meeting or hearing conducted under this

 

act.

 

     (u) "Financial interest" or "financially interested" means any

 

interest in investments, awarding of contracts, grants, loans,

 

purchases, leases, sales, or similar matters under consideration or

 

consummated by the board. A member, employee, or agent of the board

 

will be is considered to have a financial interest in a matter

 

under consideration if any either of the following circumstances

 

exist: exists:

 

     (i) He or she owns 1% or more of any class of outstanding


securities that are issued by a party to the matter under

 

consideration or consummated by the board.

 

     (ii) He or she is employed by or is an independent contractor

 

for a party to the matter under consideration or consummated by the

 

board.

 

     (v) "Gambling game" means any game played with cards, dice,

 

equipment or a machine, including any mechanical, electromechanical

 

or electronic device which shall include including computers and

 

cashless wagering systems, for money, credit, or any representative

 

of value, including, but not limited to, faro, monte, roulette,

 

keno, bingo, fan tan, twenty one, blackjack, seven and a half,

 

klondike, craps, poker, chuck a luck, Chinese chuck a luck (dai

 

shu), wheel of fortune, chemin de fer, baccarat, pai gow, beat the

 

banker, panguingui, slot machine, any banking or percentage game,

 

or any other game or device approved by the board. , but Gambling

 

game does not include games played with cards in private homes or

 

residences in which no person makes money for operating the game,

 

except as a player.

 

     (w) "Gambling operation" or "casino gambling operation" means

 

the conduct of authorized gambling games in a casino.authorized by

 

the board.

 

     (x) "Gaming" or "casino gaming" means to deal, operate, carry

 

on, conduct, maintain or expose or offer for play any gambling game

 

or gambling operation.

 

     (y) "Gross receipts" means the total of all sums money

 

including valid or invalid checks, currency, tokens, coupons,

 

vouchers, or instruments of monetary value whether collected or


uncollected, received by a casino licensee from gaming, including

 

all entry fees assessed for tournaments or other contests, less a

 

deduction for uncollectible gaming receivables not to exceed the

 

uncollectible amounts owed as a result of wagers placed at or

 

through a gambling game or 4% of the total gross receipts,

 

whichever is less. The A licensee shall not receive the deduction

 

unless the licensee provides written proof to the state treasurer

 

of the uncollected gaming receivables and had complied with all

 

rules promulgated by the board regarding the issuance of credit and

 

the collection of amounts due under a credit extension.

 

     (z) "Institutional investor" means any retirement fund

 

administered by a public agency for the exclusive benefit of

 

federal, state, or local public employees, an employee benefit

 

plan, or pension fund that is subject to the employee retirement

 

income security act of 1974, as amended, an investment company

 

registered under the investment company act of 1940, title I of

 

chapter 686, 54 Stat. 789, 15 U.S.C. 80a-1 to 80a-3 and 80a-4 to 15

 

USC 80a-1 to 80a-64, a collective investment trust organized by a

 

bank under part 9 of the rules of the comptroller of the currency,

 

a closed end investment trust, a chartered or licensed life

 

insurance company or property and casualty insurance company, a

 

chartered or licensed financial institution, an investment advisor

 

registered under the investment advisers act of 1940, title II of

 

chapter 686, 54 Stat. 847, 15 U.S.C. 15 USC 80b-1 to 80b-21, or any

 

other person as determined by the board may determine for reasons

 

consistent with this act.

 

     (aa) "Investigative hearing" means any hearing conducted by


the board or its authorized representative to investigate and

 

gather information or evidence regarding pending license

 

applications, applicants, licensees, or alleged or apparent

 

violations of this act or rules promulgated by the board.

 

     (bb) "Junket enterprise" means any person other than a casino

 

licensee or applicant who employs or otherwise engages in the

 

procurement or referral of persons who may participate in a junket

 

to a casino licensed under this act or casino enterprise whether or

 

not those activities occur within the state.

 

     (bb) (cc) "Managerial employee" means a person who by virtue

 

of the level of their his or her remuneration or otherwise holds a

 

management, supervisory, or policy making position with any

 

licensee under this act, a vendor, or the board.

 

     (cc) (dd) "Member" means a board member appointed to the

 

Michigan gaming control board under this act.

 

     (dd) (ee) "Occupational license" means a license issued by the

 

board to a person to perform in a casino or a casino enterprise an

 

occupation in a casino or casino enterprise which that directly

 

impacts the integrity of gaming and that the board has identified

 

as requiring a license to engage in casino gaming in

 

Michigan.perform the occupation in a casino or casino enterprise in

 

this state.

 

     (ee) (ff) "Person" means an individual, corporation, limited

 

liability company, association, partnership, limited liability

 

partnership, trust, entity, or other legal entity.

 

     (ff) (gg) "Supplier" means a person who the board has

 

identified under rules promulgated by the board as requiring a


license to provide casino licensees or casino enterprises with

 

goods or services regarding the realty, construction, maintenance,

 

or business of a proposed or existing casino , or casino enterprise

 

, or related facility on a regular or continuing basis. ,

 

including, but not limited to, junket enterprises, security

 

businesses, manufacturers, distributors, persons who service gaming

 

devices or equipment, garbage haulers, maintenance companies, food

 

purveyors, and construction companies.

 

     (gg) (hh) "Vendor" means a person who is not licensed under

 

this act who supplies any goods or services to a casino licensee or

 

supplier licensee.

 

     (hh) (ii) "Wagerer" means a person who plays a gambling game

 

authorized under this act.

 

     (ii) (jj) "Winnings" means the total cash value of all

 

property or sums money including currency, tokens, or instruments

 

of monetary value paid to wagerers as a direct result of wagers

 

placed at or through a gambling game.

 

     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 consists of 5 members, not more

 

than 3 of whom shall may be members of the same political party, to

 

be appointed by the governor with the advice and consent of the

 

senate. , 1 of whom The governor shall be designated by the


governor to be designate 1 of the members as chairperson. Each

 

member shall must 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 to fill the unexpired term.

 

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

 

actual and necessary expenses and disbursements incurred in the

 

execution of official duties. Beginning January 1, 2023, each

 

member must receive compensation in the amount of $1,000.00 for

 

each public board meeting that he or she attends. Beginning January

 

1, 2023, the chairperson must receive $1,250.00 for each public

 

board meeting he or she attends, and must be reimbursed for all

 

actual and necessary expenses and disbursements.

 

     (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 person who is not of good moral character or who has

 

been indicted or charged with, 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 must not be appointed or remain as a member. of the

 

board.

 

     (7) Any 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 must be reimbursed for all actual and

 

necessary expenses incurred by him or her in 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

 

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

 

term.

 

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

 

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

 

     (10) A The governor shall not appoint a person shall not be

 

appointed to or employed by the board and the board shall not

 

employ a person if any of the following circumstances exist:


     (a) During the 3 years 1 year 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 board may employ the person may be employed by the

 

board if his or her interest in any 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, the board shall not employ 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 member, of the board, the executive director, and

 

each 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 key or employee and any

 

of their spouses his or her spouse, and affirming that the

 

circumstances described in subsection (10) do not apply to the


member, executive director, and key or employee. are in compliance

 

with subsection (10)(a) and (b) of this act. The financial

 

disclosure statement shall must be under oath and shall be filed at

 

the time of employment and annually thereafter.

 

     (12) Each 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 board 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 a casino licensee for a period of 4 2

 

years after the date his or her membership on the board office or

 

employment terminates.

 

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

 

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

 

services with any 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

 

executive director, or board employee shall not represent any

 

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


employee or agent has an interest, or any partner, officer, or

 

employee of the business entity shall not make any appearance or

 

representation that is prohibited to that 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.

 

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

 

the implementation of 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 by clear and convincing evidence their its 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 must not be

 

arbitrary, capricious, or contradictory to the expressed provisions

 

of this act.

 

     (b) To decide Deciding in reasonable order all license

 

applications. Except for casino license applicants granted a

 

hearing under section 6(7), any 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 must 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 must be served


either by personal delivery or by certified mail, postage prepaid,

 

to the aggrieved party. Notice served by certified mail shall be is

 

considered complete on the business day following 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 The rules promulgated under

 

this act shall must 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 department of

 

attorney general at any time in any casino and related casino

 

enterprise for the purpose of certifying the revenue thereof, of


the 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 is presumed at all times. A

 

licensee shall must 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 on applications for

 

casino licenses, when 4 members shall constitute a quorum. Three

 

votes shall be are required in support of final determinations of

 

the board on applications for casino licenses. 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 member or

 

hearing officer conducting the hearing shall have has all powers

 

and rights regarding the conduct of hearings granted to the board

 

under this act. The record made at the time of the hearing shall

 

must be reviewed by the board, or a majority of the board, and the

 

findings and decision of the majority of the board shall 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 board shall make the

 

records shall be available for public inspection subject to the

 

limitations of this act, and shall the records must 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

 

must 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.

 

     Sec. 4a. (1) The board shall have has jurisdiction over and

 

shall supervise all gambling operations governed by this act. The

 

board shall have has all powers necessary and proper to fully and

 

effectively execute this act, including, but not limited to, the

 

authority to do all of the following:

 

     (a) Investigate applicants and determine the eligibility of


applicants for licenses or registration and to grant licenses to

 

applicants in accordance with this act and the rules promulgated

 

under this act.

 

     (b) Have jurisdiction over and supervise casino gambling

 

operations authorized by this act and all persons in casinos where

 

gambling operations are conducted under this act.

 

     (c) Enter through its investigators, agents, auditors, and the

 

Michigan department of state police at any time, without a warrant

 

and without notice to the licensee, the premises, offices, casinos,

 

casino enterprises, facilities, or other places of business of a

 

casino licensee or casino supplier licensee, where evidence of the

 

compliance or noncompliance with this act or rules promulgated by

 

the board is likely to be found, for the following purposes:

 

     (i) To inspect and examine all premises wherein where casino

 

gaming or the business of gaming or the business of a supplier is

 

conducted, or where any records of the activities are prepared.

 

     (ii) To inspect, examine, audit, impound, seize, or assume

 

physical control of, or summarily remove from the premises all

 

books, ledgers, documents, writings, photocopies, correspondence,

 

records, videotapes, including electronically stored records, money

 

receptacles, other containers and their contents, equipment in

 

which the records are stored, or other gaming related equipment and

 

supplies on or around the premises, including counting rooms.

 

     (iii) To inspect the person, and inspect, examine, and seize

 

personal effects present in a casino facility licensed under this

 

act, of any holder of a license or registration issued pursuant to

 

under this act while that person is present in a licensed casino


facility.

 

     (iv) To investigate and deter alleged violations of this act

 

or the rules promulgated by the board.

 

     (v) This section is not intended to limit warrantless

 

inspections except in accordance with constitutional requirements.

 

     (d) Investigate alleged violations of this act or rules

 

promulgated by the board and to take appropriate disciplinary

 

action against a licensee or any other person, or holder of an

 

occupational license for a violation, or institute appropriate

 

legal action for enforcement, or both.

 

     (e) Adopt standards for the licensing of all persons under

 

this act, as well as for electronic or mechanical gambling games or

 

gambling games, and to establish fees for the licenses.

 

     (f) Adopt appropriate standards for all casino gaming

 

facilities and equipment.

 

     (g) Require that all records of casino and supplier licensees,

 

including financial or other statements, shall be kept on the

 

premises of the casino licensee or supplier licensee in the manner

 

prescribed by the board.

 

     (h) Require that each casino licensee involved in the

 

ownership or management of gambling operations submit to the board

 

an annual balance sheet, profit and loss statement, and a list of

 

the stockholders or other persons having a 1% 5% or greater

 

beneficial interest in the gambling activities of each the licensee

 

in addition to any other information the board considers necessary

 

in order to effectively administer this act and all rules

 

promulgated by the board and orders and final decisions made under


this act.

 

     (i) Conduct investigative and contested case hearings, issue

 

subpoenas for the attendance of witnesses and subpoenas duces tecum

 

for the production of books, ledgers, records, memoranda,

 

electronically retrievable data, and other pertinent documents and

 

to administer oaths and affirmations to the witnesses to exercise

 

and discharge the powers and duties of the board under this act.

 

The executive director or his or her designee is also authorized to

 

issue subpoenas and to administer oaths and affirmations to

 

witnesses.

 

     (j) Prescribe a form to be used by any licensee involved in

 

the ownership or management of gambling operations as an

 

application for employment for prospective employees.

 

     (k) Revoke or suspend licenses, impose fines and penalties as

 

the board considers necessary and in compliance with applicable

 

laws of the this state regarding administrative procedures, and

 

review and decide applications for the renewal of licenses. The

 

board may suspend a casino license, without notice or hearing upon

 

a determination that the safety or health of patrons or employees

 

is jeopardized by continuing a casino's operation. If the board

 

suspends a license under this subdivision without notice or

 

hearing, a prompt postsuspension hearing shall must be held to

 

determine if the suspension should remain in effect. The suspension

 

may remain in effect until the board determines that the cause for

 

suspension has been abated. The board may revoke the casino license

 

upon a determination that the owner has not made satisfactory

 

progress toward abating the hazard.


     (l) In addition to a disassociated person, eject or exclude or

 

authorize the ejection or exclusion of a person from a casino if

 

the person violates this act, rules promulgated by the board, or a

 

final orders order of the board or when if the board determines

 

that the person's conduct or reputation is such that his or her

 

presence within the casino gambling facilities may compromise the

 

honesty and integrity of the gambling operations or interferes

 

interfere with the orderly conduct of the gambling operations.

 

However, the propriety of the ejection or exclusion is subject to a

 

subsequent hearing by the board.

 

     (m) Suspend, revoke, or restrict licenses and require the

 

removal of a licensee or an employee of a licensee for a violation

 

of this act or a rule promulgated by the board or for engaging in a

 

fraudulent practice, and impose civil penalties of up to $5,000.00

 

against individuals and up to $10,000.00 or an amount equal to the

 

daily gross receipts, whichever is greater, against casino

 

licensees for each violation of this act, any rules promulgated by

 

the board, any order of the board, or for any other action which

 

that the board determines is a detriment or impediment to casino

 

gambling operations.

 

     (n) Disqualify a person under section 7c(5).

 

     (o) In addition to the authority provided under subdivision

 

(m), revoke or suspend a casino license or impose any other

 

disciplinary action for any either of the following reasons:

 

     (i) The casino licensee has violated the Michigan liquor

 

control act, 1933 (Ex Sess) PA 8, MCL 436.1 to 436.57a, or rules

 

promulgated under that act.


     (i) (ii) At any time the licensee no longer meets the

 

eligibility requirements or suitability determination by the board

 

for a casino license under this act.

 

     (ii) (iii) The failure to revoke or suspend the license would

 

undermine the public's confidence in the Michigan gaming industry

 

in this state.

 

     (p) Conduct periodic audits of casinos authorized under this

 

act.

 

     (q) Establish minimum levels of insurance to be maintained by

 

licensees.

 

     (r) Delegate the execution of any of its powers under this act

 

for the purpose of administering and enforcing this act and the

 

rules promulgated by the board. This subdivision does not apply to

 

the granting of casino licenses under section 6.

 

     (s) Perform a background check, at the vendor's expense, of

 

any vendor using the same standards that the board uses in

 

determining whether to grant a supplier's license.

 

     (t) Review the business practices of a casino licensee

 

including, but not limited to, the price and quality of goods and

 

services offered to patrons and take disciplinary action as the

 

board considers appropriate to prevent practices that undermine the

 

public's confidence in the Michigan gaming industry in this state.

 

     (u) Enter into agreements with other jurisdictions to

 

facilitate, administer, and regulate multijurisdictional gaming by

 

casino licensees if the gaming under the agreement is conducted

 

only in the United States.

 

     (v) (u) Review a licensee if that licensee is under review or


is otherwise subject to discipline by a regulatory body in any

 

other jurisdiction for a violation of a gambling law or regulation

 

in that jurisdiction.

 

     (w) (v) Take any other action as may be reasonable or

 

appropriate to enforce this act and rules promulgated by the board.

 

     (2) The board may seek and shall receive the cooperation and

 

assistance of the department of state police and department of

 

attorney general in conducting background investigations of

 

applicants and in fulfilling its responsibilities under this act.

 

     Sec. 4c. (1) Except as otherwise provided in this section, all

 

information, records, interviews, reports, statements, memoranda,

 

or other data supplied to or used by the board shall be are subject

 

to the freedom of information act, 1976 PA 442, MCL 15.231 to

 

15.246, except for the following:

 

     (a) Unless presented during a public hearing, all All the

 

information, records, interviews, reports, statements,

 

correspondence, memoranda, documents, or other data supplied to,

 

created by, or used by the board related to background

 

investigation investigations of applicants or licensees and to or

 

involving trade secrets, internal controls, and nonpublic financial

 

data, surveillance footage, or surveillance or security measures of

 

the licensees or applicants, or that the applicant, licensee, or

 

board designates as confidential.

 

     (b) All information, records, interviews, reports, statements,

 

memoranda, or other data supplied to or used by the board that have

 

been received from another jurisdiction or local, state, or federal

 

agency under a promise of confidentiality or if the release of the


information is otherwise barred by the statutes, rules, or

 

regulations of that jurisdiction or agency or by an

 

intergovernmental agreement.

 

     (c) All information provided in an application for license

 

required under this act.

 

     (d) Any information that would disclose employment schedules,

 

travel schedules, vehicle information, or other information that

 

might endanger the physical safety of board employees, or

 

investigation information.

 

     (2) Notwithstanding subsection (1)(a) or (c), the board shall,

 

upon on written request from any person, provide the following

 

information concerning the an applicant or licensee, his or her

 

products, services or gambling enterprises, and his or her business

 

holdings if the board has the information in its possession:

 

     (a) The name, business address, and business telephone number.

 

     (b) An identification of any the applicant or licensee,

 

including, if an the applicant or licensee is not an individual,

 

its state of incorporation or registration, its corporate officers,

 

and the identity of its shareholders. If an applicant or licensee

 

has a registration statement or a pending registration statement

 

filed with the securities and exchange commission, Securities and

 

Exchange Commission, only the names of those persons or entities

 

holding interest of 5% or more shall be provided.

 

     (c) An identification of any business, including, if

 

applicable, the state of incorporation or registration, in which an

 

applicant or licensee or an applicant's or licensee's spouse,

 

parent, or child has equity interest of more than 5%.


     (d) Whether an applicant or licensee has been indicted,

 

convicted, pleaded guilty or nolo contendere, or forfeited bail

 

concerning any criminal offense under the laws of any jurisdiction,

 

either felony or misdemeanor, not including traffic violations,

 

including the name and location of the court, the date, and

 

disposition of the offense.

 

     (e) Whether an applicant or licensee has had any license or

 

certification issued by a licensing authority in Michigan or any

 

other jurisdiction denied, restricted, suspended, revoked, or not

 

renewed and, if known by the board, a statement describing the

 

facts and circumstances concerning the denial, restriction,

 

suspension, revocation, or nonrenewal, including the name of the

 

licensing authority, the date each action was taken, and the reason

 

for each action.

 

     (f) Whether an applicant or licensee has ever filed, or had

 

filed against it, a proceeding for bankruptcy or has ever been

 

involved in any formal process to adjust, defer, suspend, or

 

otherwise work out the payment of any debt, including the date of

 

filing, the name and location of the court, the case, and number of

 

the disposition.

 

     (g) Whether an applicant or licensee has filed, or been served

 

with, a complaint or other notice filed with any public body

 

regarding the delinquent payment of any tax required under federal,

 

state, or local law, including the amount of the tax, type of tax,

 

the taxing agency, and time periods involved.

 

     (h) A statement listing the names and titles of all public

 

officials or officers of any city, state, or federal body, agency,


or entity and relatives of the officials who, directly or

 

indirectly, own any financial interest in, have any beneficial

 

interest in, are the creditors of, or hold or have any other

 

interest in, or any contractual or service relationship with, an

 

applicant or licensee under this act.

 

     (i) Whether an applicant or licensee or the spouse, parent,

 

child, or spouse of a child of an applicant or licensee has made,

 

directly or indirectly, any political contributions, or any loans,

 

gifts, or other payments to any candidate as defined in section 7b

 

or officeholder elected in this state, within 5 years prior to the

 

date of filing the application, including the amount and the method

 

of payment or to a committee established under the Michigan

 

campaign finance act, 1976 PA 388, MCL 169.201 to 169.282.

 

     (c) (j) The name and business telephone number of any

 

attorney, counsel, lobbyist agent as that term is defined in

 

section 5 of 1978 PA 472, MCL 4.415, or any other person

 

representing an the applicant or licensee in matters before the

 

board.

 

     (d) (k) A summary of the applicant's development agreement

 

with the city, including the applicant's proposed location, the

 

square footage of any proposed casino, the type of additional

 

facilities, restaurants, or hotels proposed by the applicant, the

 

expected economic benefit to the city, the anticipated or actual

 

number of employees, any statement from the applicant regarding

 

compliance with federal and state affirmative action guidelines,

 

the projected or actual admissions, and the projected or actual

 

adjusted gross receipts.


     (e) (l) A description of the product or service to be supplied

 

by, or occupation to be engaged in by, a the licensee.

 

     (3) Except as otherwise provided in this subsection, all

 

information, records, interviews, reports, statements, memoranda,

 

or other data provided in a response to a request for proposals for

 

development agreements issued by the a city and all draft

 

development agreements being negotiated by the city shall be are

 

exempt from disclosure under the freedom of information act, 1976

 

PA 442, MCL 15.231 to 15.246, including but not limited to any of

 

the following:

 

     (a) Unless presented during a public hearing, all All

 

information, records, interviews, reports, correspondence,

 

statements, memoranda, documents, or other information data

 

supplied to, created by, or used by the city related to background

 

investigation investigations of applicants for a development

 

agreement and to or involving trade secrets, internal controls, and

 

nonpublic financial data, surveillance, or security measures of the

 

licensees or applicants, or that the applicant, licensee, or board

 

designates as confidential.

 

     (b) All records, interviews, reports, statements, memoranda,

 

or other information supplied to or used by the city that have been

 

received from another jurisdiction or local, state, or federal

 

agency under a promise of confidentiality or if the release of the

 

information is otherwise barred by the statutes, rules, or

 

regulations of that jurisdiction or agency or by an

 

intergovernmental agreement.

 

     (c) All information provided in a response to a request for


proposals for development agreements.

 

     (4) Notwithstanding subsection (3)(a) or (c), the a city

 

shall, upon request, disclose the following information concerning

 

the a response to a request for proposals for development

 

agreements:

 

     (a) The name, business address, and business telephone number

 

of the person filing the response.

 

     (b) An identification of a the person filing a the response,

 

including, if the person is not an individual, the state of

 

incorporation or registration, the corporate officers, and the

 

identity of all shareholders or participants. If a the person

 

filing a response has a registration statement or a pending

 

registration statement filed with the securities and exchange

 

commission, Securities and Exchange Commission, the city shall only

 

provide the names of those persons or entities holding interest of

 

5% or more.

 

     (c) An identification of any business, including, if

 

applicable, the state of incorporation or registration, in which a

 

person filing a response or his or her spouse, parent, or child has

 

equity interest of more than 5%.

 

     (d) Whether a person filing a response has been indicted,

 

convicted, pleaded guilty or nolo contendere, or forfeited bail

 

concerning any criminal offense under the laws of any jurisdiction,

 

either felony or misdemeanor, not including traffic violations,

 

including the name and location of the court, the date, and

 

disposition of the offense.

 

     (e) Whether a person filing a response has had any license or


certification issued by a licensing authority in Michigan or any

 

other jurisdiction denied, restricted, suspended, revoked, or not

 

renewed and, if known by the city, a statement describing the facts

 

and circumstances concerning the denial, restriction, suspension,

 

revocation, or nonrenewal, including the name of the licensing

 

authority, the date each action was taken, and the reason for each

 

action.

 

     (f) Whether a person filing a response has ever filed, or had

 

filed against it, a proceeding for bankruptcy or has ever been

 

involved in any formal process to adjust, defer, suspend, or

 

otherwise work out the payment of any debt, including the date of

 

filing, the name and location of the court, the case, and number of

 

the disposition.

 

     (g) Whether a person filing a response has filed, or been

 

served with, a complaint or other notice filed with any public body

 

regarding the delinquency in the payment of any tax required under

 

federal, state, or local law, including the amount, type of tax,

 

the taxing agency, and time periods involved.

 

     (h) A statement listing the names and titles of all public

 

officials or officers of any city, state, or federal body, agency,

 

or entity and relatives of the officials who, directly or

 

indirectly, own any financial interest in, have any beneficial

 

interest in, are the creditors of, or hold or have any interest in

 

or have any contractual or service relationship with, a person

 

filing a response.

 

     (i) Whether a person filing a response or the spouse, parent,

 

child, or spouse of a child of a person filing a response has made,


directly or indirectly, any political contributions, or any loans,

 

gifts, or other payments to any board member or any candidate as

 

defined in section 7b or officeholder elected in this state or to a

 

committee established under the Michigan campaign finance act, 1976

 

PA 388, MCL 169.201 to 169.282, within 5 years before the date of

 

filing the application, including the amount and the method of

 

payment.

 

     (c) (j) The name and business telephone number of the counsel

 

representing a the person filing a response.

 

     (d) (k) A summary of the development agreement proposal with

 

the city, including the applicant's proposed location, the square

 

footage of any the proposed casino, the type of additional

 

facilities, restaurants, or hotels proposed by the person filing a

 

response, the expected economic benefit to the city, the

 

anticipated or actual number of employees, any statement from the

 

applicant regarding compliance with federal and state affirmative

 

action guidelines, the projected or actual admissions, and the

 

projected or actual adjusted gross receipts.

 

     (e) (l) A description of the product or service to be supplied

 

by, or occupation to be engaged in by, a person filing a response.

 

     (5) Notwithstanding the provisions of this section, the board

 

or the a city may cooperate with and provide all information,

 

records, interviews, reports, statements, memoranda, or other data

 

supplied to or used by the board to other jurisdictions or law

 

enforcement agencies.

 

     Sec. 4d. (1) By January 31 of each year, each member of the

 

board shall prepare and file with the office of the board, a board


disclosure form in which the member does all of the following:

 

     (a) Affirms that the member or the member's spouse, parent,

 

child, or child's spouse is not a member of the board of directors

 

of, financially interested in, or employed by a licensee or

 

applicant.

 

     (b) Affirms that the member continues to meet any other

 

criteria for board membership under this act or the rules

 

promulgated by the board.

 

     (c) Discloses any legal or beneficial interests in any real

 

property that is or that may be directly or indirectly involved

 

with gaming or gaming operations authorized by this act.

 

     (d) Discloses any other information as may be required to

 

ensure that the integrity of the board and its work is maintained.

 

     (2) By January 31 of each year, each employee of the board

 

shall prepare and file with the office of the board an employee

 

disclosure form in which the employee does all of the following:

 

     (a) Affirms the absence of financial interests prohibited by

 

this act.

 

     (b) Discloses any legal or beneficial interests in any real

 

property that is or that may be directly or indirectly involved

 

with gaming or gaming operations authorized by this act.

 

     (c) Discloses whether the employee or the employee's spouse,

 

parent, child, or child's spouse is financially interested in or

 

employed by a supplier licensee or an applicant for a supplier's

 

license under this act.

 

     (d) Discloses such any other matters as may be required to

 

ensure that the integrity of the board and its work is maintained.


     (3) A member, employee, or agent of the board who becomes

 

aware that the member, employee, or agent of the board or his or

 

her spouse, parent, or child is a member of the board of directors

 

of, financially interested in, or employed by a licensee or an

 

applicant shall immediately provide detailed written notice thereof

 

of the membership, financial interest, or employment to the

 

chairperson.

 

     (4) A member, employee, or agent of the board who has been

 

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

 

contendere to, or forfeited bail concerning a misdemeanor involving

 

gambling, dishonesty, theft, or fraud or a local ordinance in any

 

state involving gambling, dishonesty, theft, or fraud that

 

substantially corresponds to a misdemeanor in that state, or a

 

felony under Michigan law, the laws of any other state, or the laws

 

of the United States, or any other jurisdiction shall immediately

 

provide detailed written notice of the conviction or charge to the

 

chairperson.

 

     (5) Any member, employee, or agent of the board who is

 

negotiating for, or acquires by any means, any interest in any

 

person who is a licensee or an applicant, or any person affiliated

 

with such a person, shall immediately provide written notice of the

 

details of the interest to the chairperson. The member, employee,

 

or agent of the board shall not act on behalf of the board with

 

respect to that person.

 

     (6) A member, employee, or agent of the board may not enter

 

into any negotiations for employment with any person or affiliate

 

of any person who is a licensee or an applicant, and shall


immediately provide written notice of the details of any such

 

negotiations or discussions to the chairperson. The member,

 

employee, or agent of the board shall not take any action on behalf

 

of the board with respect to that person.

 

     (7) Any member, employee, or agent of the board who receives

 

an invitation, written or oral, to initiate a discussion concerning

 

employment or the possibility of employment with a person or

 

affiliate of a person who is a licensee or an applicant shall

 

immediately report that he or she received the invitation to the

 

chairperson. The member, employee, or agent of the board shall not

 

take action on behalf of the board with respect to the person.

 

     (8) A licensee or applicant shall not knowingly initiate a

 

negotiation for or discussion of employment with a member,

 

employee, or agent of the board. A licensee or applicant who

 

initiates a negotiation or discussion about employment shall

 

immediately provide written notice of the details of the

 

negotiation or discussion to the chairperson as soon as he or she

 

becomes aware that the negotiation or discussion has been initiated

 

with a member, employee, or agent of the board.

 

     (9) A member, employee, or agent of the board, or former

 

member, employee, or agent of the board, shall not disseminate or

 

otherwise disclose any material or information in the possession of

 

the board that the board considers confidential unless specifically

 

authorized to do so by the chairperson or the board.

 

     (10) A member, employee, or agent of the board or a parent,

 

spouse, sibling, spouse of a sibling, child, or spouse of a child

 

of a member, employee, or agent of the board may not accept any


gift, gratuity, compensation, travel, lodging, or anything of

 

value, directly or indirectly, from any licensee or any applicant

 

or affiliate or representative of an applicant or licensee, unless

 

the acceptance conforms to a written policy or directive that is

 

issued by the chairperson or the board. Any member, employee, or

 

agent of the board who is offered or receives any gift, gratuity,

 

compensation, travel, lodging, or anything of value, directly or

 

indirectly, from any licensee or any applicant or affiliate or

 

representative of an applicant or licensee shall immediately

 

provide written notification of the details to the chairperson.

 

     (11) A licensee or applicant, or affiliate or representative

 

of an applicant or licensee, may not, directly or indirectly, give

 

or offer to give any gift, gratuity, compensation, travel, lodging,

 

or anything of value to any member, employee, or agent of the board

 

which the member, employee, or agent of the board is prohibited

 

from accepting under subsection (10).

 

     (12) A member, employee, or agent of the board shall not

 

engage in any conduct that constitutes a conflict of interest, and

 

shall immediately advise the chairperson in writing of the details

 

of any incident or circumstances that would present the existence

 

of a conflict of interest with respect to the performance of the

 

board-related work or duty of the member, employee, or agent of the

 

board.

 

     (13) A member, employee, or agent of the board who is

 

approached and offered a bribe in violation of section 118 of the

 

Michigan penal code, 1931 PA 328, MCL 750.118, or this act shall

 

immediately provide written account of the details of the incident


to the chairperson and to a law enforcement officer of a law

 

enforcement agency having jurisdiction.

 

     (14) A member, employee, or agent of the board shall disclose

 

his or her past involvement with any casino interest in the past 5

 

years and shall not engage in political activity or politically

 

related activity during the duration of his or her appointment or

 

employment.

 

     (15) A former member, employee, or agent of the board may

 

appear before the board as a fact witness about matters or actions

 

handled by the member, employee, or agent during his or her tenure

 

as a member, employee, or agent of the board. The member, employee,

 

or agent of the board shall not receive compensation for such an

 

appearance other than a standard witness fee and reimbursement for

 

travel expenses as established by statute or court rule.

 

     (16) A licensee or applicant or any affiliate or

 

representative of an applicant or licensee shall not engage in ex

 

parte communications with a member of the board. A member of the

 

board shall not engage in any ex parte communications with a

 

licensee or an applicant or with any affiliate or representative of

 

an applicant or licensee.

 

     (17) Any board member, licensee, or applicant or affiliate or

 

representative of a board member, licensee, or applicant who

 

receives any ex parte communication in violation of subsection

 

(16), or who is aware of an attempted communication in violation of

 

subsection (16), shall immediately report details of the

 

communication or attempted communication in writing to the

 

chairperson.


     (18) Any member of the board who receives an ex parte

 

communication which that attempts to influence that member's

 

official action shall disclose the source and content of the

 

communication to the chairperson. The chairperson may investigate

 

or initiate an investigation of the matter with the assistance of

 

the attorney general and the department of state police to

 

determine if the communication violates subsection (16) or

 

subsection (17) or other state law. The disclosure under this

 

section and the investigation shall remain confidential. Following

 

an investigation, the chairperson shall advise the governor or the

 

board, or both, of the results of the investigation and may

 

recommend action as the chairperson considers appropriate.

 

     (19) A new or current employee or agent of the board shall

 

obtain written permission from the executive director before

 

continuing outside employment held at the time the employee begins

 

to work for the board. Permission The executive director shall be

 

denied, deny permission, or revoke permission previously granted,

 

will be revoked, if the nature of the work is considered to or does

 

create creates a possible conflict of interest or otherwise

 

interferes with the duties of the employee or agent for the board.

 

     (20) An employee or agent of the board granted permission for

 

outside employment shall not conduct any business or perform any

 

activities, including solicitation, related to outside employment

 

on premises used by the board or during the employee's working

 

hours for the board.

 

     (21) Whenever If the chairperson, as an employee of the board,

 

is required to file disclosure forms or report in writing the


details of any incident or circumstance pursuant to under this

 

section, he or she shall make such filings file those disclosure

 

forms or written reports to with the board.

 

     (22) The chairperson shall report any action he or she has

 

taken or contemplates taking under this section with respect to an

 

employee or agent or former employee or former agent to the board

 

at the next meeting of the board. The board may direct the

 

executive director to take additional or different action.

 

     (23) Except as follows, no a member, employee, or agent of the

 

board may shall not participate in or wager on any gambling game

 

conducted by any licensee or applicant or any affiliate of an

 

applicant or licensee in Michigan this state or in any other

 

jurisdiction:

 

     (a) A member, employee, or agent of the board may participate

 

in and wager on a gambling game conducted by a licensee under this

 

act, to the extent authorized by the chairperson or board as part

 

of the person's surveillance, security, or other official duties

 

for the board.

 

     (b) A member, employee, or agent of the board shall advise the

 

chairperson at least 24 hours in advance if he or she plans to be

 

present in a casino in this state or in another jurisdiction

 

operated by a licensee or applicant, or affiliate of a licensee or

 

an applicant, outside the scope of his or her official duties for

 

the board.

 

     (24) Violation of this section by a licensee or applicant, or

 

affiliate or representative of a licensee or applicant, may result

 

in denial of the application of licensure or revocation or


suspension of license or other disciplinary action by the board.

 

     (25) Violation of this section by a member of the board may

 

result in disqualification or constitute cause for removal under

 

section 4(7) or other disciplinary action as determined by the

 

board.

 

     (26) A violation of this section by an employee or agent of

 

the board will not result in termination of employment if the board

 

determines that the conduct involved does not violate the purpose

 

of this act, or require other disciplinary action, including

 

termination of employment. However, employment will be terminated

 

as follows:

 

     (a) If, after being offered employment or beginning employment

 

with the board, the employee or agent intentionally acquires a

 

financial interest in a licensee or an applicant, or affiliate or

 

representative of a licensee or applicant, employment with the

 

board shall must be terminated.

 

     (b) If a financial interest in a licensee or an applicant, or

 

affiliate or representative of a licensee or applicant, is acquired

 

by an employee or agent that has been offered employment with the

 

board, or is an employee of the board, or the employee's or agent's

 

spouse, parent, or child, through no intentional action of the

 

employee or agent, the individual shall have has up to 30 days to

 

divest or terminate the financial interest. Employment may be

 

terminated if the interest has not been divested after 30 days.

 

     (c) Employment shall must be terminated if the employee or

 

agent is a spouse, parent, child, or spouse of a child of a board

 

member.


     (27) Violation of this section does not create a civil cause

 

of action.

 

     (28) As used in this section:

 

     (a) "Outside employment" includes, but is not limited to any

 

of, the following:

 

     (i) Operation of a proprietorship.

 

     (ii) Participation in a partnership or group business

 

enterprise.

 

     (iii) Performance as a director or corporate officer of any

 

for-profit corporation or banking or credit institution.

 

     (b) "Political activity" or "politically related activity"

 

includes all of the following:

 

     (i) Using his or her official authority or influence for the

 

purpose of interfering with or affecting the result of an election.

 

     (ii) Knowingly soliciting, accepting, or receiving a political

 

contribution from any person.

 

     (iii) Running for the nomination or as a candidate for

 

election to a partisan political office.

 

     (iv) Knowingly soliciting or discouraging the participation in

 

any political activity of any person who is either of the

 

following:

 

     (A) Applying for any compensation, grant, contract, ruling,

 

license, permit, or certificate pending before the board.

 

     (B) The subject of or a participant in an ongoing audit,

 

investigation, or enforcement action being carried out by the

 

board.

 

     Sec. 5. (1) A person may apply to the board for a casino


license to conduct a casino gambling operation as provided in this

 

act. The application shall must be made under oath on forms

 

provided by the board and shall contain information as prescribed

 

by the board, including but not limited to all of the following:

 

     (a) The name, business address, business telephone number,

 

social security Social Security number, and, where applicable, the

 

federal tax identification number of any applicant.

 

     (b) The identity of every person having a greater than 1% 5%

 

direct or indirect pecuniary interest in the applicant with respect

 

to which the license is sought. If the disclosed entity is a trust,

 

the application shall must disclose the names and addresses of the

 

beneficiaries; if a corporation, the names and addresses of all

 

stockholders and directors; if a partnership, the names and

 

addresses of all partners, both general and limited; if a limited

 

liability company, the names and addresses of all members.

 

     (c) An identification of any business, including, if

 

applicable, the state of incorporation or registration, in which an

 

applicant or an applicant's spouse, parent, or child has an equity

 

interest of more than 5%. If an applicant is a corporation,

 

partnership, or other business entity, the applicant shall identify

 

any other corporation, partnership, or other business entity in

 

which it has an equity interest of 5% or more, including, if

 

applicable, the state of incorporation or registration. An

 

applicant can may comply with this subdivision by filing a copy of

 

the applicant's registration with the securities exchange

 

commission if the registration contains the information required by

 

this subdivision.


     (d) Whether an applicant has been indicted for, charged with,

 

arrested for, or convicted of, pleaded guilty or nolo contendere

 

to, forfeited bail concerning, or had expunged any criminal offense

 

under the laws of any jurisdiction, either felony or misdemeanor,

 

not including traffic violations, regardless of whether the offense

 

has been expunged, pardoned, or reversed on appeal or otherwise,

 

including the date, the name and location of the court, arresting

 

agency and prosecuting agency, the case caption, the docket number,

 

the offense, the disposition, and the location and length of

 

incarceration.

 

     (e) Whether an applicant has ever applied for or has been

 

granted any license or certificate issued by a licensing authority

 

in Michigan this state or any other jurisdiction that has been

 

denied, restricted, suspended, revoked, or not renewed and a

 

statement describing the facts and circumstances concerning the

 

application, denial, restriction, suspension, revocation, or

 

nonrenewal, including the licensing authority, the date each action

 

was taken, and the reason for each action.

 

     (f) Whether an applicant has ever filed or had filed against

 

it a civil or administrative action or proceeding in bankruptcy or

 

has ever been involved in any formal process to adjust, defer,

 

suspend, or otherwise work out the payment of any debt including

 

the date of filing, the name and location of the court, the case

 

caption, the docket number, and the disposition.

 

     (g) Whether an applicant has filed, or been served with, a

 

complaint or other notice filed with any public body, regarding the

 

delinquency in the payment of, or a dispute over the filings


concerning the payment of, any tax required under federal, state,

 

or local law, including the amount, type of tax, the taxing agency,

 

and time periods involved.

 

     (h) A statement listing the names and titles of all public

 

officials or officers of any unit of government, and the spouses,

 

parents, and children of those public officials or officers who,

 

directly or indirectly, own any financial interest in, have any

 

beneficial interest in, are the creditors of or hold any debt

 

instrument issued by, or hold or have any interest in any

 

contractual or service relationship with, an applicant. As used in

 

this subdivision, public official or officer does not include a

 

person who would have to be listed solely because of his or her

 

state or federal military service.

 

     (i) Whether an applicant or the spouse, parent, child, or

 

spouse of a child of an applicant has made, directly or indirectly,

 

any political contribution, or any loans, donations, or other

 

payments to any candidate as defined in section 7b or officeholder

 

elected in this state or to a committee established under the

 

Michigan campaign finance act, 1976 PA 388, MCL 169.201 to 169.282,

 

within 5 years from the date of the filing of the application,

 

including the identity of the board member, candidate, or

 

officeholder, the date, the amount, and the method of payment.

 

     (h) (j) The name and business telephone number of any

 

attorney, counsel, lobbyist agent as that term is defined in

 

section 5 of 1978 PA 472, MCL 4.415, or any other person

 

representing an applicant in matters before the board.

 

     (i) (k) A description of any proposed or approved casino


gaming operation and related casino enterprises, including the

 

economic benefit to the community, anticipated or actual number of

 

employees, any statement from an applicant regarding compliance

 

with federal and state affirmative action guidelines, projected or

 

actual admissions, projected or actual gross receipts, and

 

scientific market research.

 

     (j) (l) Financial information in the manner and form

 

prescribed by the board.

 

     (2) Information provided on the application shall must be used

 

as a basis for a thorough background investigation which that the

 

board shall conduct on each applicant. A false or incomplete

 

application is cause for denial of a license by the board.

 

     (3) Applicants shall must submit with their application all

 

required development agreements and documents, certifications,

 

resolutions, and letters of support from the governing body that

 

represents the municipality in which the applicant proposes to

 

operate a casino.

 

     (4) Applicants shall must consent in writing to being subject

 

to the inspections, searches, and seizures provided for in section

 

4a(1)(c)(i) to (v) and to disclosure to the board and its agents of

 

otherwise confidential records, including tax records held by any

 

federal, state, or local agency, or credit bureau or financial

 

institution, while applying for or holding a license under this

 

act.

 

     (5) A nonrefundable application fee of $50,000.00 shall must

 

be paid at the time of filing to defray the costs associated with

 

the background investigation conducted by the board. If the costs


of the investigation exceed $50,000.00, the applicant shall pay the

 

additional amount to the board. All information, records,

 

interviews, reports, statements, memoranda, or other data supplied

 

to or used by the board in the course of its review or

 

investigation of an application for a license under this act shall

 

must only be disclosed in accordance with this act. The

 

information, records, interviews, reports, statements, memoranda,

 

or other data shall are not be admissible as evidence, nor

 

discoverable in any action of any kind in any court or before any

 

tribunal, board, agency, or person, except for any action

 

considered necessary by the board.

 

     Sec. 6. (1) The board shall issue a casino license to a person

 

who applies for a license, who pays the nonrefundable application

 

fee required under section 5(5) and a $25,000.00 license fee for

 

the first year of operation, and who the board determines is

 

eligible and suitable to receive a casino license under this act

 

and the rules promulgated by the board. It is the burden of the

 

applicant to establish by clear and convincing evidence its

 

suitability as to character, reputation, integrity, business

 

probity, experience, and ability, financial ability and

 

responsibility, and other criteria as may be considered appropriate

 

by the board. The criteria considered appropriate by the board

 

shall must not be arbitrary, capricious, or contradictory to the

 

expressed provisions of this act. A person is eligible to apply for

 

a casino license if all of the following criteria are met:

 

     (a) The applicant proposes to locate the casino in a city

 

where the local legislative body enacted an ordinance approving


casino gaming that may include local ordinances governing casino

 

operations, occupational licensees, and suppliers which that are

 

consistent with this act and rules promulgated by the board.

 

     (b) The applicant entered into a certified development

 

agreement with the city where the local legislative body enacted an

 

ordinance approving casino gaming.

 

     (c) The applicant or its affiliates or affiliated companies

 

has a history of, or a bona fide plan for, either investment or

 

community involvement in the city where the casino will be located.

 

     (2) A city shall not certify or submit and have pending before

 

the board more than 3 certified development agreements. If an

 

applicant is denied a casino license by the board, the city may

 

then certify a development agreement with another applicant and

 

submit the certified development agreement to the board. Nothing in

 

this act shall be construed to prevent prevents the city from

 

entering into more than 3 development agreements.

 

     (3) No The board shall not issue more than three (3) 3

 

licenses shall be issued by the board in any city. A The board

 

shall not issue a license shall not be issued for a casino to be

 

located on land held in trust by the United States for a federally

 

recognized Indian tribe. In evaluating the eligibility and

 

suitability of all applicants under the standards provided in this

 

act, the board shall establish and apply the standards to all

 

applicants in a consistent and uniform manner. In the event that If

 

more than three (3) 3 applicants meet the standards for eligibility

 

and suitability provided for in subsections (4) and (5), the board

 

shall first issue licenses shall first be issued to those eligible


and suitable applicants which that submitted any casino gaming

 

proposal for voter approval prior to before January 1, 1995, in the

 

city in which the casino will be located and the voters approved

 

the proposal.

 

     (4) An applicant is ineligible to receive a casino license if

 

any of the following circumstances exist:

 

     (a) The applicant has been convicted of a felony under the

 

laws of this state, any other state, or the United States. However,

 

the board may waive the requirements under this subdivision if the

 

conviction occurred more than 10 years before the applicant applies

 

for a license under this section and the board is convinced of both

 

of the following:

 

     (i) That the applicant does not pose a threat to the integrity

 

of gaming.

 

     (ii) That the applicant otherwise meets the requirements of

 

this section.

 

     (b) The applicant has been convicted of a misdemeanor

 

involving gambling, theft, dishonesty, or fraud in any state or a

 

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

 

or fraud that substantially corresponds to a misdemeanor in that

 

state. However, the board may waive the requirements under this

 

subdivision if the conviction occurred more than 5 years before the

 

applicant applies for a license under this section and the board is

 

convinced of both of the following:

 

     (i) That the applicant does not pose a threat to the integrity

 

of gaming.

 

     (ii) That the applicant otherwise meets the requirements of


this section.

 

     (c) The applicant has submitted an application for a license

 

under this act that contains false information.

 

     (d) The applicant is a member of the board.

 

     (e) The applicant fails to demonstrate the applicant's ability

 

to maintain adequate liability and casualty insurance for its

 

proposed casino.

 

     (f) The applicant holds an elective office of a governmental

 

unit of this state, another state, or the federal government, or is

 

a member of or in the city or county where the casino is located,

 

state elective office, or federal elective office, or is employed

 

by a city or county where the casino is located or by a gaming

 

regulatory body of a governmental unit in this state, another

 

state, or the federal government. , or is employed by a

 

governmental unit of this state. This section does not apply to an

 

elected officer of or an employee of a federally recognized Indian

 

tribe or to an elected precinct delegate. As used in this

 

subdivision, "state elective office" means that term as defined in

 

section 12 of the Michigan campaign finance act, 1976 PA 388, MCL

 

169.212.

 

     (g) The applicant or affiliate owns more than a 10% ownership

 

interest in any entity holding a casino license issued under this

 

act.

 

     (h) The board concludes that the applicant lacks the requisite

 

suitability as to integrity, moral character, and reputation;

 

personal and business probity; financial ability and experience;

 

responsibility; or means to develop, construct, operate, or


maintain the casino proposed in the certified development

 

agreement.

 

     (i) The applicant fails to meet other criteria considered

 

appropriate by the board. The criteria considered appropriate by

 

the board shall must not be arbitrary, capricious, or contradictory

 

to the expressed provisions of this act.

 

     (5) In determining whether to grant a casino license to an

 

applicant, the board shall also consider all of the following:

 

     (a) The integrity, moral character, and reputation; personal

 

and business probity; financial ability and experience; and

 

responsibility of the applicant and of any other person or means to

 

develop, construct, operate, or maintain a casino that either:

 

     (i) Controls, directly or indirectly, the applicant.

 

     (ii) Is controlled, directly or indirectly, by the applicant

 

or by a person who controls, directly or indirectly, the applicant.

 

     (b) The prospective total revenue to be derived by the state

 

from the conduct of casino gambling.

 

     (c) The financial ability of the applicant to purchase and

 

maintain adequate liability and casualty insurance. and to provide

 

an adequate surety bond.

 

     (d) The sources and total amount of the applicant's

 

capitalization to develop, construct, maintain, and operate the

 

proposed casino.

 

     (e) Whether the applicant has adequate capitalization to

 

develop, construct, maintain, and operate for the duration of a

 

license the proposed casino in accordance with the requirements of

 

this act and rules promulgated by the board and to responsibly pay


off its secured and unsecured debts in accordance with its

 

financing agreement and other contractual obligations.

 

     (f) The extent and adequacy of any compulsive gambling

 

programs that the applicant will adopt and implement if licensed.

 

     (g) The past and present compliance of the applicant and its

 

affiliates or affiliated companies with casino or casino-related

 

licensing requirements, casino-related agreements, or compacts with

 

the state of Michigan this state or any other jurisdiction.

 

     (h) Whether the applicant has been indicted, charged,

 

arrested, convicted, pleaded guilty or nolo contendere, forfeited

 

bail concerning, or had expunged any criminal offense under the

 

laws of any jurisdiction, either felony or misdemeanor, not

 

including traffic violations, regardless of whether the offense has

 

been expunged, pardoned, or reversed on appeal or otherwise.

 

     (i) Whether the applicant has filed, or had filed against it,

 

a proceeding for bankruptcy or has ever been involved in any formal

 

process to adjust, defer, suspend, or otherwise work out the

 

payment of any debt.

 

     (j) Whether the applicant has been served with a complaint or

 

other notice filed with any public body regarding a payment of any

 

tax required under federal, state, or local law that has been

 

delinquent for 1 year or more. years.

 

     (k) The applicant has a history of noncompliance with the

 

casino licensing requirements of any jurisdiction.

 

     (l) The applicant has a history of noncompliance with any

 

regulatory requirements in this state or any other jurisdiction.

 

     (m) Whether at the time of application the applicant is a


defendant in litigation involving its business practices.

 

     (n) Whether awarding a license to an applicant would undermine

 

the public's confidence in the Michigan gaming industry in this

 

state.

 

     (o) Whether the applicant meets other standards for the

 

issuance of issuing a casino license which that the board may

 

promulgate by rule. The rules promulgated under this subdivision

 

shall must not be arbitrary, capricious, or contradictory to the

 

expressed provisions of this act.

 

     (6) Each applicant shall must submit with its application, on

 

forms provided by the board, a photograph and 2 sets of

 

fingerprints for each person having a greater than 1% 5% direct or

 

indirect pecuniary interest in the casino, and each person who is

 

an officer, a director , or is a managerial employee of the

 

applicant who performs the function of principal executive officer,

 

principal operation officer, or principal accounting officer.

 

     (7) The board shall review all applications for casino

 

licenses and shall inform each applicant of the board's decision.

 

Prior to Before rendering its decision, the board shall provide a

 

public investigative hearing at which the applicant for a license

 

shall have has the opportunity to present testimony and evidence to

 

establish its suitability for a casino license. Other testimony and

 

evidence may be presented at the hearing, but the board's decision

 

shall must be based on the whole record before the board and is not

 

limited to testimony and evidence submitted at the public

 

investigative hearing.

 

     (8) A license shall be is issued for a 1-year period. All


licenses are renewable annually upon payment of the license fee and

 

upon the transmittal to the board of an annual report to include

 

information required under rules promulgated by the board.

 

     (9) All applicants and licensees shall must consent to

 

inspections, searches, and seizures and the providing of

 

handwriting exemplar, fingerprints, photographs, and information as

 

authorized in this act and in rules promulgated by the board.

 

     (10) Applicants and licensees shall be are under a continuing

 

duty to provide information requested by the board and to cooperate

 

in any investigation, inquiry, or hearing conducted by the board.

 

     (11) Failure to provide information requested by the board to

 

assist in any investigation, inquiry, or hearing of the board, or

 

failure to comply with this act or rules promulgated by the board,

 

may result in denial, suspension, or, upon reasonable notice,

 

revocation of a license.

 

     Sec. 6a. (1) If in the review of an application submitted

 

under this act the board identifies a deficiency that would require

 

denial, the board shall notify give written notice of the

 

deficiency to the applicant. and the city in writing of the

 

deficiency.

 

     (2) The board shall provide the an applicant a reasonable

 

period of time to correct the a deficiency.

 

     Sec. 6c. (1) Unless the board determines that an institutional

 

investor may be found is unqualified, an institutional investor

 

holding either under 10% of the equity securities or debt

 

securities of a casino licensee's affiliate or affiliated company

 

which that is related in any way to the financing of the casino


licensee, if the securities represent a percentage of the

 

outstanding debt of the affiliate or affiliated company not

 

exceeding 20%, or a percentage of any issue of the outstanding debt

 

of the affiliate or affiliated company not exceeding 50%, shall

 

must be granted a waiver of the eligibility and suitability

 

requirements of section 6 if such securities are those of a

 

publicly traded corporation and its holdings of such those

 

securities were purchased for investment purposes only and, if

 

requested by the board, the investor files with the board a

 

certified statement that it has no intention of influencing or

 

affecting the affairs of the issuer, the casino licensee, or its

 

affiliate or affiliated company.

 

     (2) The board may grant a waiver under this section to an

 

institutional investor holding a higher percentage of securities as

 

allowed in subsection (1), upon on a showing of good cause and if

 

the conditions specified in subsection (1) are met.

 

     (3) An institutional investor granted a waiver under this

 

section that subsequently intends to influence or affect the

 

affairs of the issuer shall must provide notice to the board and

 

file an application for a determination of eligibility and

 

suitability before taking any action that may influence or affect

 

the affairs of the issuer.

 

     (4) Notwithstanding any provisions of this act, an

 

institutional investor may vote on all matters that are put to the

 

vote of the outstanding security holders of the issuer.

 

     (5) If an institutional investor changes its investment intent

 

or if the board finds that the institutional investor may be found


is unqualified, no action other than divestiture of the security

 

holdings shall be taken until there has been compliance with this

 

act.

 

     (6) The casino licensee or an affiliate or affiliated company

 

of the casino licensee shall immediately notify the board of any

 

information concerning an institutional investor holding its equity

 

or debt securities which that may impact the eligibility and

 

suitability of the institutional investor for a waiver under this

 

section.

 

     (7) If the board finds that an institutional investor holding

 

any security of an affiliate or affiliated company of a casino

 

licensee that is related in any way to the financing of the casino

 

licensee fails to comply with the requirements of this section, or

 

if at any time the board finds that, by reason of the extent or

 

nature of its holdings, an institutional investor is in a position

 

to exercise a substantial impact upon the controlling interests of

 

a casino licensee, the board may take any necessary action to

 

protect the public interest, including requiring this institutional

 

investor to satisfy the eligibility and suitability requirements

 

under section 6.

 

     Sec. 7a. (1) The board may issue a supplier's license to a

 

person who applies for a license and pays a nonrefundable

 

application fee set by the board, if the board determines that the

 

applicant is eligible and suitable for a supplier's license and the

 

applicant pays a $5,000.00 annual license fee. It is the burden of

 

the applicant to establish by clear and convincing evidence its

 

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. All applications shall of a director or managerial employee

 

of the applicant who performs the function of principal executive

 

officer, principal operations officer, or principal accounting

 

officer must be made under oath.

 

     (2) A person who holds a supplier's license is authorized to

 

sell or lease, and to contract to sell or lease, equipment and

 

supplies to any licensee involved in the ownership or management of

 

gambling operations.

 

     (3) Gambling supplies and equipment shall must not be

 

distributed unless supplies and equipment conform to standards

 

adopted in rules promulgated by the board.

 

     (4) An applicant is ineligible to receive a supplier's license

 

if any of the following circumstances exist:

 

     (a) The applicant has been convicted of a felony under the

 

laws of this state, any other state, or the United States. The

 

board may waive the requirements in this subdivision if the

 

conviction occurred more than 10 years before the applicant applies

 

for a license under this section and the board is convinced of both

 

of the following:

 

     (i) That the applicant does not pose a threat to the integrity

 

of gaming.

 

     (ii) That the applicant otherwise meets the requirements of

 

this section.

 

     (b) The applicant has been convicted of a misdemeanor

 

involving gambling, theft, fraud, or dishonesty in any state or a


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

 

or fraud that substantially corresponds to a misdemeanor in that

 

state. The board may waive the requirements in this subdivision if

 

the conviction occurred more than 5 years before the applicant

 

applies for a license under this section and the board is convinced

 

of both of the following:

 

     (i) That the applicant does not pose a threat to the integrity

 

of gaming.

 

     (ii) That the applicant otherwise meets the requirements of

 

this section.

 

     (c) The applicant has submitted an application for license

 

under this act which that contains false information.

 

     (d) The applicant is a member of the board.

 

     (e) The applicant holds an elective office of a governmental

 

unit of this state, another state, or the federal government, or is

 

a member of or in the city or county where the casino is located,

 

state elective office, or federal elective office, or is employed

 

by a city or county where the casino is located or by a gaming

 

regulatory body of a governmental unit in this state, another

 

state, or the federal government. , or is employed by a

 

governmental unit of this state. This subdivision does not apply to

 

an elected officer of or an employee of a federally recognized

 

Indian tribe or an elected to a precinct delegate. As used in this

 

subdivision, "state elective office" means that term as defined in

 

section 12 of the Michigan campaign finance act, 1976 PA 388, MCL

 

169.212.

 

     (f) The applicant owns more than a 10% ownership interest in


any entity holding a casino license issued under this act.

 

     (f) (g) The board concludes that the applicant lacks the

 

requisite suitability as to integrity, moral character, and

 

reputation; personal and business probity; financial ability and

 

experience; and responsibility.

 

     (g) (h) The applicant fails to meet other criteria considered

 

appropriate by the board. The board shall not apply criteria

 

considered appropriate by the board shall not be that are

 

arbitrary, capricious, or contradictory to the expressed provisions

 

of this act.

 

     (5) In determining whether to grant a supplier's license to an

 

applicant, the board shall consider all of the following:

 

     (a) The applicant's past and present compliance with casino

 

licensing requirements of this state or any other jurisdiction

 

pertaining to casino gaming or any other regulated activities.

 

     (b) The integrity, moral character, and reputation; personal

 

and business probity; financial ability and experience; and

 

responsibility of the applicant. or an affiliate of the applicant.

 

     (c) Whether the applicant has been indicted for, charged with,

 

arrested for, convicted of, pleaded guilty or nolo contendere to,

 

forfeited bail concerning, or had expunged any criminal offense

 

under the laws of any jurisdiction, either felony or misdemeanor,

 

not including traffic violations, regardless of whether the offense

 

has been expunged, pardoned, or reversed on appeal or otherwise.

 

     (d) Whether the applicant has filed, or had filed against it,

 

a proceeding for bankruptcy or has ever been involved in any formal

 

process to adjust, defer, suspend, or otherwise work out the


payment of any debt.

 

     (e) Whether the applicant has been served with a complaint or

 

other notice filed with any public body regarding a payment of any

 

tax required under federal, state, or local law that has been

 

delinquent for 1 year or more. years.

 

     (f) Whether the applicant has a history of noncompliance with

 

the casino licensing requirements of any jurisdiction.

 

     (g) Whether the applicant has a history of noncompliance with

 

any regulatory requirements in this state or any other

 

jurisdiction.

 

     (h) Whether at the time of application the applicant is a

 

defendant in litigation involving its business practices.

 

     (i) Whether awarding a license to an the applicant would

 

undermine the public's confidence in the Michigan gaming industry

 

in this state.

 

     (j) Whether the applicant meets other standards for the

 

issuance of issuing a supplier's license that contained in a rule

 

promulgated by the board. may promulgate by rule. The rules

 

promulgated board shall not promulgate a rule under this

 

subdivision shall not be that is arbitrary, capricious, or

 

contradictory to the expressed provisions of this act.

 

     (6) Any A person , including a junket enterprise, that

 

supplies equipment, devices, supplies, or services to a licensed

 

casino shall first obtain a supplier's license. A supplier shall

 

furnish to the board a list of all equipment, devices, and supplies

 

offered for sale or lease to casino licensees licensed under this

 

act.


     (7) A supplier shall keep books and records of its business

 

activities with a casino operator, including its furnishing of

 

equipment, devices, supplies, and services to gambling operations

 

separate and distinct from any other business that the supplier

 

might operate. A supplier shall file a quarterly return with the

 

board listing all sales, leases, and services. operates. A supplier

 

shall permanently affix its name to all its equipment, devices, and

 

supplies for gambling operations. Any supplier's equipment,

 

devices, or supplies that are used by any person in an unauthorized

 

gambling operation shall be are forfeited to the this state.

 

     (8) A casino licensee who owns its own equipment, devices, and

 

supplies is not required to obtain a supplier's license.

 

     (9) Any gambling equipment, devices, and supplies provided by

 

any licensed supplier may be either repaired in the casino or

 

removed from the casino to a licensed area.an area approved by the

 

board.

 

     (10) A supplier's license shall be issued under this section

 

is valid for a 1-year period of 1 year from the date the license is

 

issued. All licenses are renewable annually upon payment of the

 

license fee and the transmittal to the board of an annual report to

 

include information required under rules promulgated by the board.

 

     (11) All applicants and licensees shall must consent to

 

inspections, searches, and seizures provided for in section

 

4a(1)(c)(i) to (v) and to the disclosure to the board and its

 

agents of confidential records, including tax records, held by any

 

federal, state, or local agency, credit bureau, or financial

 

institution and to provide handwriting exemplars, photographs,


fingerprints, and information as authorized in this act and in

 

rules promulgated by the board.

 

     (12) Applicants and licensees shall be under have a continuing

 

duty to provide information requested by the board and to cooperate

 

in any investigation, inquiry, or hearing conducted by the board.

 

     (13) Failure to provide information requested by the board to

 

assist in any investigation, inquiry, or hearing of the board, or

 

failure to comply with this act or rules promulgated by the board,

 

may result in denial, suspension, or, upon reasonable notice,

 

revocation of a license.

 

     Sec. 7c. (1) Each local labor organization that directly

 

represents casino gaming employees shall register with the board

 

annually biennially and provide all of the following:

 

     (a) The local labor organization's name, address, and

 

telephone number.

 

     (b) The name and address of any international labor

 

organization with which it directly or indirectly maintains an

 

affiliation or relationship.

 

     (c) All of the following information for the designated

 

individuals and other personnel of the local labor organization:

 

     (i) The individual's full name and any known alias or

 

nickname.

 

     (ii) The individual's business address and telephone number.

 

     (iii) The individual's title or other designation in the local

 

labor organization.

 

     (iv) Unless information is required under subdivision (d)(v),

 

a brief description of the individual's duties and activities.


     (v) The individual's annual compensation, including salary,

 

allowances, reimbursed expenses, and other direct or indirect

 

disbursements.

 

     (d) All of the following additional information for each

 

designated individual of the local labor organization:

 

     (i) The individual's home address and telephone number.

 

     (ii) The individual's date and place of birth.

 

     (iii) The individual's social security Social Security number.

 

     (iv) The date he or she was hired by or first consulted with

 

or advised the local labor organization.

 

     (v) A detailed description of all of the following:

 

     (A) The individual's duties and activities.

 

     (B) Whether he or she performed the same or similar activities

 

previously on a labor organization's behalf.

 

     (C) The individual's prior employment or occupational history.

 

     (vi) Excluding minor traffic offenses, a detailed description

 

of all of the following:

 

     (A) The individual's convictions, including any conviction

 

that was expunged or set aside, sealed by court order, or for which

 

he or she received a pardon.

 

     (B) Any criminal offense for which he or she was charged or

 

indicted but not convicted.

 

     (vii) Whether he or she was ever denied a business, liquor,

 

gaming, or professional license or had such a business, liquor,

 

gaming, or professional license revoked.

 

     (viii) Whether a court or governmental agency determined the

 

individual unsuitable to be affiliated with a labor organization


and the details of that determination.

 

     (ix) Whether the individual was ever subpoenaed as a witness

 

before a grand jury, legislative committee, administrative body,

 

crime commission, or similar agency and the details relating to

 

that subpoena.

 

     (x) A photograph of the individual taken within the previous

 

60 days.

 

     (xi) For the local labor organization's first filing, a

 

complete set of the individual's fingerprints.

 

     (e) A written certification under oath by the local labor

 

organization president, secretary, treasurer, or chief official

 

that the information provided under this subsection is complete and

 

accurate. The board shall prescribe the form for this

 

certification.

 

     (2) A local labor organization may satisfy the information

 

requirements of subsection (1) by providing to the board copies of

 

reports filed with the United States department of labor Department

 

of Labor under the labor management reporting and disclosure act of

 

1959, Public Law 86-257, supplemented by any required information

 

not contained in those reports.

 

     (3) If information required under subsection (1) for a

 

designated individual changes after registration or if the local

 

labor organization gains a designated individual after

 

registration, the local labor organization shall provide the board

 

with that new information or the information, photograph, and

 

fingerprints required under subsection (1) for the new designated

 

individual within 21 days after the information changes.


     (4) Notwithstanding section 4c, information provided by a

 

local labor organization to the board under this section is exempt

 

from disclosure under the freedom of information act, 1976 PA 442,

 

MCL 15.231 to 15.246.

 

     (5) Upon finding by clear and convincing evidence that grounds

 

for disqualification under subsection (6) exist, the board may

 

disqualify an officer, agent, or principal employee of a local

 

labor organization registered or required to be registered under

 

this section from performing any of the following functions:

 

     (a) Adjusting grievances for or negotiating or administering

 

the wages, hours, working conditions, or employment conditions of

 

casino gaming employees.

 

     (b) Soliciting, collecting, or receiving from casino gaming

 

employees any dues, assessments, levies, fines, contributions, or

 

other charges within this state for or on behalf of the local labor

 

organization.

 

     (c) Supervising, directing, or controlling other officers,

 

agents, or employees of the local labor organization in performing

 

functions described in subdivisions (a) and (b).

 

     (6) An individual may be disqualified under subsection (5) for

 

lacking good moral character only if any of the following apply:

 

     (a) He or she has been indicted or charged with, convicted of,

 

pled guilty or nolo contendere to, or forfeited bail in connection

 

with a crime involving gambling, theft, dishonesty, prostitution,

 

or fraud under the laws of this state, any other state, or the

 

United States or a local ordinance of a political subdivision of

 

this state or another state. Disqualification cannot must not be


based only on crimes that involve soliciting or engaging

 

prostitution services unless the individual is or has engaged in an

 

ongoing pattern of that behavior. If the grounds for

 

disqualification are criminal charges or indictment, at the

 

individual's request, the board shall defer making a decision on

 

disqualification while the charge or indictment is pending.

 

     (b) He or she intentionally or knowingly made or caused to be

 

made a false or misleading statement in a document provided to the

 

board or its agents or orally to a board member or agent in

 

connection with an investigation.

 

     (c) He or she engages in criminal or unlawful activities in an

 

occupational manner or context for economic gain, or is an

 

associate or member of a group of individuals who operate together

 

in that fashion, and this behavior creates a reasonable belief that

 

the behavior adversely affects gambling operations and the public

 

policy underlying this act. In making a determination under this

 

subdivision, the board may consider findings or identifications by

 

the attorney general or department of state police that an

 

individual is within this category.

 

     (7) A designated individual shall report all information

 

described in subsection (6)(a) to (c) concerning him or her to the

 

local labor organization. A local labor organization shall report

 

all information described in subsection (6)(a) to (c) concerning

 

its designated individuals of which it has actual knowledge to the

 

board.

 

     (8) The board may waive any disqualification criterion under

 

subsection (6) or may rescind a disqualification under subsection


(5), if doing so is consistent with the public policy of this act

 

and based on a finding that the interests of justice so require

 

that waiver or rescission.

 

     (9) The board shall give written notice to an individual it

 

proposes to disqualify and to the affected labor organization,

 

stating the reason for the proposed disqualification and describing

 

any supporting evidence in the board's possession. Within 30 days

 

after receiving the written notice of proposed disqualification,

 

the respondent may file with the board a written request for a

 

hearing, which shall that must take place promptly. The board shall

 

conduct the hearing in conformity with the contested case

 

procedures set forth in the administrative procedures act of 1969,

 

1969 PA 306, MCL 24.201 to 24.328. A person aggrieved by a final

 

disqualification has the right to appeal to the circuit court for

 

the county in which the person resides or has his or her principal

 

place of business to have the disqualification set aside based on

 

any ground set forth in section 106 of the administrative

 

procedures act of 1969, 1969 PA 306, MCL 24.306.

 

     (10) Not later than January 31 of the calendar year after

 

disqualification and each year after that unless the

 

disqualification is rescinded or reversed, the disqualified

 

individual shall provide the board with a sworn statement that he

 

or she did not perform the functions described in subsection (5)

 

during the previous year.

 

     (11) The board may petition in the circuit court for the

 

county in which the disqualified individual resides or has his or

 

her principal place of business for an order enforcing the terms of


the disqualification.

 

     (12) A local labor organization that is registered or required

 

to be registered under this section or any officer, agent, or

 

principal employee of that organization shall not personally hold

 

any financial interest in a casino licensee employing casino gaming

 

employees represented by the organization or person.

 

     (13) This section does not prohibit a local labor organization

 

from conducting training for or operating a school to train casino

 

gaming employees, or from entering into an agreement or arrangement

 

with a casino licensee, supplier, or vendor to provide for the

 

training of casino gaming employees. A local labor organization

 

that conducts such training or operates such a school or does not

 

otherwise qualify as a supplier is not subject to the contribution

 

prohibitions of section 7b.

 

     (14) This section does not deny, abridge, or limit in any way

 

the legitimate rights of casino gaming employees to form, join, or

 

assist labor organizations, to bargain collectively through

 

representatives of their own choosing, or to engage in other

 

concerted activities for the purpose of collective bargaining or

 

other mutual aid and protection or the free exercise of any other

 

rights they may have as employees under the laws of the United

 

States or this state.

 

     (15) This section shall must not be expanded or amplified by

 

action of the board or any other executive or administrative body.

 

The board and any other executive or administrative body do not

 

have authority to promulgate interpretive rules or rulings to

 

implement this section. The board and any other executive or


administrative body do not have authority under this section to

 

require that a local labor organization or an officer, agent, or

 

principal employee of a labor organization does either of the

 

following:

 

     (a) Qualify for or obtain a casino, occupational, or

 

supplier's license or any other license or permit required under

 

rules promulgated by the board.

 

     (b) Ensure the compliance of any person or entity with the

 

licensing requirements under this act or under rules promulgated by

 

the board.

 

     (16) As used in this section:

 

     (a) "Casino gaming employee" means the following and their

 

supervisors:

 

     (i) Individuals involved in operating a casino gaming pit,

 

including dealers, shills, clerks, and hosts. , and junket

 

representatives.

 

     (ii) Individuals involved in handling money, including

 

cashiers, change persons, count teams, and coin wrappers.

 

     (iii) Individuals involved in operating gambling games.

 

     (iv) Individuals involved in operating and maintaining slot

 

machines, including mechanics, floorpersons, and change and payoff

 

persons.

 

     (v) Individuals involved in security, including guards and

 

game observers.

 

     (vi) Individuals with duties similar to those described in

 

subparagraphs (i) to (v). However, casino gaming employee does not

 

include an individual whose duties are related solely to nongaming


activities such as entertainment, hotel operation, maintenance, or

 

preparing or serving food and beverages.

 

     (b) "Designated individual" means an officer, agent, principal

 

employee, or individual performing a function described in

 

subsection (5).

 

     (17) Nothing in this This act shall does not preclude

 

employees from exercising their legal rights to organize themselves

 

into collective bargaining units.

 

     Sec. 8. (1) The board may issue an occupational license to an

 

applicant after all of the following have occurred:

 

     (a) The applicant has paid a nonrefundable application fee set

 

by the board.

 

     (b) The board has determined that the applicant is eligible

 

for an occupational license pursuant to under rules promulgated by

 

the board.

 

     (c) The applicant has paid the biennial license fee in an

 

amount to be established by the board.

 

     (2) It is the burden of the The applicant to shall establish

 

by clear and convincing evidence the applicant's eligibility and

 

suitability as to integrity, moral character, and reputation;

 

personal probity; financial ability and experience; responsibility;

 

and other criteria as may be considered appropriate by the board.

 

The board shall not apply criteria considered appropriate by the

 

board shall not be that are arbitrary, capricious, or contradictory

 

to the expressed provisions of this act. All applications shall

 

must be made under oath.

 

     (3) To be eligible for an occupational license, an applicant


shall:must meet all of the following:

 

     (a) Be at least 21 years of age if the applicant will perform

 

any function involved in gaming by patrons.

 

     (b) Be at least 18 years of age if the applicant will perform

 

only nongaming functions.

 

     (c) Not have been convicted of a felony under the laws of this

 

state, any other state, or the United States. The board may waive

 

the requirements in this subdivision if the conviction occurred

 

more than 10 years before the applicant applies for a license under

 

this section and the board is convinced of both of the following:

 

     (i) That the applicant does not pose a threat to the integrity

 

of gaming.

 

     (ii) That the applicant otherwise meets the requirements of

 

subsection (2).

 

     (d) Not have been convicted of a misdemeanor involving

 

gambling, dishonesty, theft, or fraud in any state or any violation

 

of a local ordinance in any state involving gambling, dishonesty,

 

theft, or fraud that substantially corresponds to a misdemeanor in

 

that state. The board may waive the requirements in this

 

subdivision if the conviction occurred more than 5 years before the

 

applicant applies for a license under this section and the board is

 

convinced of both of the following:

 

     (i) That the applicant does not pose a threat to the integrity

 

of gaming.

 

     (ii) That the applicant otherwise meets the requirements of

 

subsection (2).

 

     (4) Each application for an occupational license shall must be


on a form prescribed by the board and shall contain all information

 

required by the board. The applicant shall set forth in the

 

application whether he or she has been issued prior gambling

 

related licenses; whether he or she has been licensed in any other

 

state under any other name, and, if so, the name under which the

 

license was issued and his or her age at the time the license was

 

issued; and whether or not a permit or license issued to him or her

 

in any other state has been suspended, restricted, or revoked, and,

 

if so, the cause and the duration of each action.suspension,

 

restriction, or revocation.

 

     (5) Each applicant shall submit with his or her application,

 

on a form provided by the board, 2 sets of his or her fingerprints

 

and a photograph. The board shall charge each applicant an

 

application fee set by the board to cover all actual costs of

 

administering the act relative to costs generated by each licensee

 

and all background checks.

 

     (6) The board may, in its discretion, deny an occupational

 

license to a person who is or does any of the following:

 

     (a) The applicant fails to disclose or states falsely any

 

information requested in the application.

 

     (b) The applicant is a member of the board.

 

     (c) The applicant has a history of noncompliance with the

 

casino licensing requirements of any jurisdiction.

 

     (d) Whether the applicant has been indicted for, charged with,

 

arrested for, convicted of, pleaded guilty or nolo contendere to,

 

forfeited bail concerning, or had expunged any criminal offense

 

under the laws of any jurisdiction, either felony or misdemeanor,


not including traffic violations, regardless of whether the offense

 

has been expunged, pardoned, or reversed on appeal or otherwise.

 

     (e) The applicant has filed, or had filed against it, a

 

proceeding for bankruptcy or has ever been involved in any formal

 

process to adjust, defer, suspend, or otherwise work out the

 

payment of any debt.

 

     (f) The applicant has a history of noncompliance with any

 

regulatory requirements in this state or any other jurisdiction.

 

     (g) The applicant has been served with a complaint or other

 

notice filed with any public body regarding a payment of any tax

 

required under federal, state, or local law that has been

 

delinquent for 1 year or more. years.

 

     (h) The applicant is employed by a governmental unit of this

 

state.

 

     (i) The applicant or affiliate owns more than a 10% ownership

 

interest in any entity holding a casino license issued under this

 

act.

 

     (i) (j) The board concludes that the applicant lacks the

 

requisite suitability as to integrity, moral character, and

 

reputation; personal probity; financial ability and experience; or

 

responsibility.

 

     (j) (k) The applicant fails to meet any other criteria that

 

the board considers appropriate. The board shall not apply criteria

 

considered appropriate by the board shall not be that are

 

arbitrary, capricious, or contradictory to the expressed provisions

 

of this act.

 

     (k) (l) The applicant is unqualified to perform the duties


required of the license.

 

     (l) (m) The applicant has been found guilty of a violation of

 

this act.

 

     (m) (n) The applicant has had a prior gambling related license

 

or license application suspended, restricted, revoked, or denied

 

for just cause in any other jurisdiction.

 

     (7) The board may suspend, revoke, or restrict any

 

occupational licensee for any of the following:

 

     (a) Violation of this act.

 

     (b) Violation of any of the rules rule promulgated by the

 

board.

 

     (c) Any cause which, that, if known to the board, would have

 

disqualified the applicant from receiving the license.

 

     (d) Default in the payment of any obligation or debt due to

 

the state of Michigan.this state.

 

     (e) Any other just cause.

 

     (8) A license issued pursuant to under this section shall be

 

is valid for a period of 2 years from the date of issuance.the

 

license is issued.

 

     (9) All applicants and licensees shall must consent to the

 

inspections, searches, and seizures of their person and personal

 

effects as provided in section 4a(1)(c)(i) to (v) and the providing

 

of handwriting exemplars, photographs, fingerprints, and

 

information as authorized in this act and in rules promulgated by

 

the board.

 

     (10) An applicant or licensee shall be under has a continuing

 

duty to provide information requested by the board and to cooperate


in any investigation, inquiry, or hearing conducted by the board.

 

     (11) Failure to provide information requested by the board, to

 

assist in any investigation, inquiry, or hearing of the board, or

 

to comply with this act or rules of the board may result in denial,

 

suspension, or, upon reasonable notice, revocation of a license.

 

     Sec. 9. (1) Minimum The board shall set minimum and maximum

 

wagers on games. shall be set by the board.

 

     (2) Employees of the board, the department of state police,

 

and the department of attorney general may inspect any casino at

 

any time, without notice, for the purpose of determining to

 

determine whether this act or rules promulgated by the board are

 

being complied with.

 

     (3) Employees of the board, the department of state police,

 

and the department of attorney general, and their authorized agents

 

shall have the right to be present, at any time, in the casino or

 

on adjacent facilities under the control of the licensee.

 

     (4) Gambling equipment and supplies customarily used in

 

conducting casino gambling shall must be purchased or leased only

 

from suppliers who are licensed under this act.

 

     (5) Persons licensed under this act shall not permit no any

 

form of wagering on gambling games except as permitted by this act.

 

     (6) Wagers may be received only from a person present in a

 

licensed casino. A person present in a licensed casino shall not

 

place or attempt to place a wager on behalf of another person who

 

is not present in the casino.

 

     (7) Wagering shall must not be conducted with money or other

 

negotiable currency unless otherwise approved by the board.


     (8) All tokens, chips, or electronic cards used to make wagers

 

shall must be purchased from a licensed owner in the casino.

 

licensee. The tokens, chips, or electronic cards may be purchased

 

by means of an agreement under which the owner extends credit to

 

the patron. Such tokens, The chips, or electronic cards may be used

 

only while in a casino and only for the purpose of making wagers on

 

gaming gambling games.

 

     (9) A person under age who is less than 21 shall years old is

 

not be permitted in an area of a casino where gaming is being

 

conducted, except for a person at least 18 years of age or older

 

who is an employee of the gaming operation. An employee under the

 

age of who is less than 21 years old shall not perform any function

 

involved in gambling by the patrons. A person under age who is less

 

than 21 shall years old is not be permitted to make a wager under

 

this act.

 

     (10) Managerial employees of casino licensees pursuant to this

 

act shall be under an affirmative duty to A managerial employee of

 

a casino licensee shall report to the board, and the Michigan

 

department of state police, in writing, within 24 hours, illegal or

 

suspected illegal activity or activity which that is in violation

 

of this act or of rules promulgated by the board.

 

     (11) In addition to the requirements of this section, gambling

 

shall must be conducted in accordance with the rules promulgated by

 

the board.

 

     (12) Unless approved by the city, a casino shall must not be

 

located within 1,000 feet of any of the following:

 

     (a) A church or other place of worship.


     (b) A school, college, or university.

 

     (c) A financial institution or a branch of a financial

 

institution.

 

     (d) A pawnshop.

 

     (13) As used in subsection (12), this section, "financial

 

institution" means a state or nationally chartered bank, a state or

 

federally chartered savings and loan association, a state or

 

federally chartered savings bank, a state or federally chartered

 

credit union, or any entity that provides check-cashing services.

 

     (14) A casino licensee shall not employ an individual who has

 

been convicted of a felony in the previous 5 years as a managerial

 

employee who has been convicted of a felony in the previous 5 years

 

to work in a casino.

 

     Sec. 9a. (1) A person who holds a casino license shall not

 

install, own, or operate or allow another person to install, own,

 

or operate an electronic funds transfer terminal on the premises of

 

the casino that is less than 50 feet from any game in the casino.

 

     (2) A person who holds a casino license shall not install,

 

own, or operate or allow another person to install, own, or operate

 

on the premises of the casino a game that is played with a device

 

that allows a player to operate the game by transferring funds

 

electronically from a credit or debit card.

 

     (3) As used in this section, "electronic funds transfer

 

terminal" means an information processing device used for the

 

purpose of executing deposit account transactions between financial

 

institutions and their customers by either the direct transmission

 

of electronic impulses or the recording of electronic impulses for


delayed processing. The fact that a device is used for other

 

purposes does not prevent it from being an electronic funds

 

transfer terminal except a player's mobile or other personal device

 

is not an electronic funds transfer terminal.

 

     Sec. 9b. (1) A Except as provided in section 12, a person who

 

holds a casino license issued under this act shall not televise or

 

allow any other person to televise simulcast horse races on the

 

premises of the casino.

 

     (2) As used in this section, "simulcast" means the live

 

transmission of video and audio signals conveying a horse race held

 

either in or outside of this state.

 

     Sec. 9c. (1) A person who holds a casino license issued

 

pursuant to under this act shall conspicuously post at each

 

entrance and exit of the casino, on each electronic funds transfer

 

terminal, and at each credit location a visually prominent sign on

 

which is printed a toll-free compulsive gaming helpline number.

 

     (2) A person who holds a casino license issued under this act

 

shall include a toll-free compulsive gaming helpline number on all

 

of its printed advertisement and promotional materials.

 

     Sec. 12. (1) A Except as otherwise provided in subsections

 

(15) and (16), a wagering tax is imposed on the adjusted gross

 

receipts received by the a casino licensee from gaming authorized

 

under this act at the rate of 18%. If a city exercises either of

 

the options in subsection (4), the tax rate under this subsection

 

shall be is 8.1% and must be deposited in the state school aid fund

 

to provide additional funds for K-12 classroom education. If the a

 

city rescinds or is otherwise unable to exercise 1 of the options


in subsection (4), the tax rate under this subsection shall be is

 

18%. A tax rate of 18% imposed under this subsection shall cover

 

covers any period for which the city does not or is unable to

 

exercise 1 of the options in subsection (4).

 

     (2) The state casino gaming fund is created in the department.

 

of treasury. The fund shall be administered by the department in

 

accordance with this act. Except as provided in sections 12a and

 

13, the taxes imposed under this section plus all other fees,

 

fines, and charges imposed by the this state shall under this act

 

must be deposited into the state casino gaming fund. The A casino

 

licensee shall remit the wagering tax is to be remitted daily by

 

the holder of a casino license to the department of treasury daily

 

by electronic wire transfer of funds. The state department shall

 

remit the city's portion of the wagering tax to the city daily by

 

electronic wire transfer of funds as provided by this act.

 

     (3) If the state imposes a wagering tax imposed under

 

subsection (1) equal to is 18% of adjusted gross receipts, money in

 

the state casino gaming fund that is not from a tax imposed under

 

subsections (5) to (8) shall must be allocated as follows:

 

     (a) 55% to the city in which a casino is located for use in

 

connection with the following:

 

     (i) The hiring, training, and deployment of street patrol

 

officers.

 

     (ii) Neighborhood and downtown economic development programs

 

designed to create local jobs.

 

     (iii) Public safety programs such as emergency medical

 

services, fire department programs, and street lighting.


     (iv) Anti-gang and youth development programs.

 

     (v) Other programs that are designed to contribute to the

 

improvement of the quality of life in the city.

 

     (vi) Relief to the taxpayers of the city from 1 or more taxes

 

or fees imposed by the city.

 

     (vii) The costs of capital improvements.

 

     (viii) Road repairs and improvements.

 

     (b) 45% to the state to be deposited in the state school aid

 

fund established under section 11 of article IX of the state

 

constitution of 1963 to provide additional funds for K-12 classroom

 

education.

 

     (4) A city in which a casino licensee is located may do 1 of

 

the following:

 

     (a) In the development agreement into which the city is

 

entitled to enter, include a provision that requires the licensee

 

located in the city to pay the city a payment equal to 9.9% of the

 

adjusted gross receipts received by the licensee from gaming

 

authorized under this act.

 

     (b) By ordinance, levy, assess, and collect an excise tax upon

 

licensees located in the city at a rate of 9.9% of the adjusted

 

gross receipts received by the licensee from gaming authorized

 

under this act.

 

     (5) Subject to subsections (6) to (8), a wagering tax in

 

addition to the tax imposed in subsection (1) is imposed on the

 

adjusted gross receipts received by a licensee from gaming

 

authorized under this act at the rate of 6%. Money from the tax

 

imposed under this subsection that has been deposited in the state


casino gaming fund shall must be allocated 1/3 to the city in which

 

the licensee's casino is located for use in connection with the

 

purposes listed in subsection (3)(a), 7/12 to the general fund, and

 

1/12 to the Michigan agriculture equine industry development fund.

 

The city may collect its share of the tax under this subsection

 

directly using 1 of the methods in subsection (4). For a period

 

during which the licensee is paying the city's share of the tax

 

under this subsection directly to the city under either of the

 

methods in subsection (4), the payment to the state casino gaming

 

fund under this subsection shall be is 4% and shall must be

 

allocated 7/8 to the general fund and 1/8 to the Michigan

 

agriculture equine industry development fund.

 

     (6) Subject to subsections (7) and (8), and unless an act of

 

God, a war, a disaster, or an act of terrorism directly and

 

substantially impacts the ability of the a casino licensee to

 

complete construction of its casino and casino enterprise, if a

 

casino licensee is not fully operational by each of the following

 

dates, the tax on the casino licensee under subsection (5) shall be

 

is as follows:

 

     (a) July 1, 2009, 7%, allocated 1/2 to the general fund, 1/14

 

to the Michigan agriculture equine industry development fund, and

 

3/7 to the city in which the licensee's casino is located.

 

     (b) July 1, 2010, 8%, allocated 7/16 to the general fund, 1/16

 

to the Michigan agriculture equine industry development fund, and

 

1/2 to the city in which the licensee's casino is located.

 

     (c) July 1, 2011, 9%, allocated 7/18 to the general fund, 1/18

 

to the Michigan agriculture equine industry development fund, and


5/9 to the city in which the licensee's casino is located.

 

     (7) Subject to subsection (8), and irrespective of whether

 

there has been an increase under subsection (6), after a casino

 

licensee has been fully operational for 30 consecutive days, the

 

casino licensee may apply to the board for certification under this

 

subsection. If the board determines that a casino licensee that

 

makes an application under this subsection has been fully

 

operational and in compliance with its development agreement that

 

is in existence on July 1, 2004 or a subsequent original

 

development agreement, for at least 30 consecutive days, the board

 

shall certify the casino licensee under this subsection, and the

 

tax imposed on the casino licensee under subsection (5), as

 

adjusted, if applicable, by subsection (6), shall be, retroactive

 

to the first day of the 30 consecutive day period that the casino

 

licensee was fully operational, reduced to 1% and shall must be

 

allocated entirely to the city where the licensee operates its

 

casino.

 

     (8) If the McCauley-Traxler-Law-Bowman-McNeely lottery act,

 

1972 PA 239, MCL 432.1 to 432.47, is amended to allow the operation

 

of video lottery at horse racetracks in this state, and if video

 

lottery is being conducted at horse racetracks in this state, the

 

casino licensee is no longer obligated to pay the wagering tax

 

under subsections (5) to (7).

 

     (9) Notwithstanding section 9b, if the McCauley-Traxler-Law-

 

Bowman-McNeely lottery act, 1972 PA 239, MCL 432.1 to 432.47, is

 

amended to allow the operation of video lottery at horse racetracks

 

in this state, and if video lottery is being conducted at horse


racetracks in this state, a casino licensee may, after obtaining

 

approval from the board, apply to the racing commissioner for

 

authorization to simulcast horse races under the horse racing law

 

of 1995, 1995 PA 279, MCL 431.301 to 431.336. A casino licensee

 

that is authorized under this subsection shall display and allow

 

wagering on simulcast horse races only at the licensee's casino and

 

shall comply with all applicable provisions of the horse racing law

 

of 1995, 1995 PA 279, MCL 431.301 to 431.336, rules promulgated

 

under that act, and the written permit to conduct simulcasting and

 

any related order issued to the casino licensee by the racing

 

commissioner. Simulcasting and wagering under this subsection are

 

under the primary control of the racing commissioner, and the

 

racing commissioner may revoke or suspend the authorization of or

 

take other disciplinary action against the casino licensee for

 

failing to comply with a law, rule, permit, or order as required by

 

this subsection. However, the simulcasting and wagering under this

 

subsection is part of the licensee's casino operation under this

 

act and subject to the same control by the board as are other parts

 

of the licensee's casino operation. The board may take disciplinary

 

action under section 4a against a casino licensee for failure to

 

comply with a law, rule, permit, or order as required by this

 

subsection.

 

     (10) A casino licensee is entitled to the same commission from

 

money wagered on horse races simulcast by the licensee as a race

 

meeting licensee is entitled to receive from wagering on simulcast

 

horse races under the horse racing law of 1995, 1995 PA 279, MCL

 

431.301 to 431.336. The same taxes, fees, and other deductions


shall must be subtracted and paid from the licensee's commission as

 

are subtracted and paid from a race meeting licensee's commission

 

under the horse racing law of 1995, 1995 PA 279, MCL 431.301 to

 

431.336.

 

     (11) Payments to a city under 1 of the methods in subsection

 

(4) shall must be made in a manner, at those times, and subject to

 

reporting requirements and penalties and interest for delinquent

 

payment as may be provided for in the development agreement if the

 

payment is required under a development agreement, or by ordinance

 

if the payment is required for a tax levied by the city. Payments

 

required under the method described in subsection (4)(a) may be in

 

addition to any other payments which that may be required in the

 

development agreement for the conveyance of any interest in

 

property, the purchase of services, or the reimbursement of

 

expenses. Payments to a city under the method described in

 

subsection (4) shall must be used by the city for the purposes

 

listed in subsection (3)(a).

 

     (12) Approval by the city of a development agreement or

 

adoption of an ordinance approving either casino gaming or the levy

 

of a local excise tax does not constitute the granting of a

 

franchise or license by the city for purposes of any statutory,

 

charter, or constitutional provision.

 

     (13) The taxes imposed under this section and any tax imposed

 

under section 13(2) shall must be administered by the department of

 

treasury in accordance with 1941 PA 122, MCL 205.1 to 205.31, and

 

this act. In case of conflict between the provisions of 1941 PA

 

122, MCL 205.1 to 205.31, and this act, the provisions of this act


prevail.

 

     (14) Funds from this act shall must not be used to supplant

 

existing state appropriations or local expenditures.

 

     (15) If internet gaming is authorized and regulated by another

 

law of this state, any taxes, payments, and fees relating to

 

internet wagers received by a casino licensee and internet gaming

 

are subject to that other law of this state and no other tax,

 

payment, or fee may be imposed by agreement or otherwise on a

 

casino licensee by this state or a political subdivision of this

 

state for internet wagers received by a casino licensee or internet

 

gaming. This subsection does not impair the contractual rights

 

under an existing development agreement between a city and a casino

 

licensee.

 

     (16) Except as otherwise provided in subsection (15), and in

 

lieu of the taxes and fees otherwise imposed under this act, a

 

wagering tax of 8% is imposed on the adjusted gross receipts

 

received by a casino licensee from sports betting or internet

 

gaming and no other tax, payment, or fee may be imposed by

 

agreement or otherwise on a casino licensee by this state or a

 

political subdivision of this state for sports betting or internet

 

gaming. Wagering taxes paid under this subsection must be allocated

 

as provided in subsection (3). This subsection does not impair the

 

contractual rights under and existing development agreement between

 

a city and a casino licensee.

 

     (17) Notwithstanding subsections (15) and (16), if a casino

 

licensee provides a wagerer with a device to conduct internet

 

gaming while at the casino, the 19% wagering tax otherwise provided


under this section is imposed on the adjusted gross receipts

 

received by the casino licensee from the wagerer's internet gaming

 

on the device.

 

     (18) (15) As used in this section:

 

     (a) "Fully operational" means that a certificate of occupancy

 

has been issued to the casino licensee for the operation of a hotel

 

with not fewer than 400 guest rooms and, after issuance of the

 

certificate of occupancy, the casino licensee's casino, casino

 

enterprise, and 400-guest-room hotel have been opened and made

 

available for public use at their permanent location and maintained

 

in that status.

 

     (b) "Michigan agriculture equine industry development fund"

 

means the Michigan agriculture equine industry development fund

 

created in section 20 of the horse racing law of 1995, 1995 PA 279,

 

MCL 431.320.

 

     Sec. 12a. (1) In addition to application and license fees

 

described in this act, all regulatory and enforcement costs,

 

compulsive gambling programs, casino-related programs and

 

activities, casino-related legal services provided by the attorney

 

general, and the casino-related expenses of the department of state

 

police shall must be paid by casino licensees as provided by this

 

section.

 

     (2) The total annual assessment for the first year in which

 

any casino licensee under this act begins operating a casino in

 

this state shall be is $25,000,000.00.

 

     (3) The total annual assessment required under this subsection

 

shall must be adjusted each year by multiplying the annual


assessment for the immediately preceding year by the Detroit

 

consumer price index Consumer Price Index for the immediately

 

preceding year. As used in this subsection, "Detroit consumer price

 

index" Consumer Price Index" means the annual consumer price index

 

for Detroit consumers as defined and reported by the United States

 

department Department of labor, bureau Labor, Bureau of labor

 

statistics.Labor Statistics.

 

     (4) On or before the date the a casino licensee begins

 

operating the its casino and annually on that date thereafter, each

 

the casino licensee shall pay to the state treasurer an equal share

 

of the total annual assessment required under this section. In no

 

event shall a A casino's assessment must not exceed 1/3 of the

 

total annual assessment required under this section.

 

     (5) From the amount collected under subsection (4),

 

$2,000,000.00 shall must be deposited in the compulsive gaming

 

prevention fund.

 

     (6) The state services fee fund is created in the department

 

of treasury and shall be administered by the department shall

 

administer the state services fee fund in accordance with this act.

 

     (7) Except as provided in subsections (5) and (8), all funds

 

money collected under this section shall must be deposited in the

 

state services fee fund. Distributions from the fund shall must be

 

made by the legislature through the appropriations process.

 

     (8) The balance of the state services fee fund shall must not

 

exceed $65,000,000.00. If the funds money collected under this

 

section would cause the balance to exceed the limitation of this

 

subsection, the surplus funds shall money must be credited in equal


shares against each casino licensee's annual assessment made under

 

this section. 12a.

 

     (9) The funds money collected under this section and deposited

 

in the state services fee fund shall does not revert to the general

 

fund at the close of the fiscal year but shall remain remains in

 

the fund.

 

     Sec. 14. Within 30 90 days after the end of each quarter of

 

each fiscal year each casino licensee shall transmit to the board

 

and to the city in which the licensee's casino is located an audit

 

of the financial condition of the licensee's total operations. All

 

audits shall An audit under this section must be conducted by a

 

certified public accountant in a manner and form prescribed by the

 

board. Each The certified public accountant shall that performs the

 

audit must be registered in the this state of Michigan under

 

article 7 of the occupational code, 1980 PA 299, MCL 339.701 to

 

339.715. 339.720 to 339.736. The licensee shall pay the

 

compensation for each the certified public accountant shall be paid

 

directly by the licensee to the certified public accountant.

 

     Sec. 18. (1) A person is guilty of a felony punishable by

 

imprisonment for not more than 10 years or a fine of not more than

 

$100,000.00, or both, and shall be is barred from receiving or

 

maintaining a license under this act for doing any of the

 

following:

 

     (a) Conducting a gambling operation where in which wagering is

 

used or to be used without a license issued by the board.

 

     (b) Conducting a gambling operation where in which wagering is

 

permitted other than in the manner specified in section 9.


     (c) Knowingly making a false statement on an application for

 

any a license provided in under this act or a written document

 

provided under oath in support of a proposal for a development

 

agreement.

 

     (d) Knowingly providing false testimony to the board or its

 

authorized representative while under oath.

 

     (e) Willfully failing to report, pay, or truthfully account

 

for any a license fee or tax imposed by this act or willfully

 

attempt attempting in any way to evade or defeat the license fee,

 

tax, or payment. A person convicted under this subsection shall

 

subdivision is also be subject to a penalty of 3 times the amount

 

of the licensee fee or tax not paid.

 

     (f) Making a political contribution in violation of section 7b

 

of this act.

 

     (2) A person commits a felony punishable by imprisonment for

 

not more than 10 years or a fine of not more than $100,000.00, or

 

both, and, in addition, shall be is barred for life from a gambling

 

operation under the jurisdiction of the board if the person does

 

any of the following:

 

     (a) Offers, promises, or gives anything of value or benefit to

 

a person who is connected with a licensee or affiliated company,

 

including, but not limited to, an officer or employee of a casino

 

licensee or holder of an occupational license pursuant to an

 

agreement or arrangement or with the intent that the offer,

 

promise, or thing of value or benefit will influence the actions of

 

the person to whom the offer, promise, or gift was made in order to

 

affect or attempt to affect the outcome of a gambling game, or to


influence official action of a member of the board.

 

     (b) Solicits or knowingly accepts or receives a promise of

 

anything of value or benefit while the person is employed by or

 

connected with a licensee, including, but not limited to, an

 

officer or employee of a casino licensee or holder of an

 

occupational license, pursuant to an understanding or arrangement

 

or with the intent that the promise or thing of value or benefit

 

will influence the actions of the person to affect or attempt to

 

affect the outcome of a gambling game.

 

     (c) Offers, promises, or gives anything of value or benefit to

 

a member, employee, or agent of the board or an official of any a

 

state or local agency or governmental body with the intent that the

 

offer, promise, or thing of value or benefit will influence the

 

official action of the person to whom the offer, promise, or gift

 

was made pertaining to a city development agreement, or

 

administrating, licensing, regulating, or enforcing this act.

 

     (d) Solicits or knowingly accepts or receives a promise of

 

anything of value or benefit while the person is a member,

 

employee, or agent of the board, or an official of any state or

 

local agency or governmental body, pursuant to an understanding or

 

arrangement or with the intent that the promise or thing of value

 

or benefit will influence the official action of the member,

 

employee, or agent of the board or official of the state or local

 

governmental body pertaining to a city development agreement, or

 

enforcing this act.

 

     (e) Except as otherwise provided by the board, uses or

 

possesses with the intent to use a device to assist in doing that


does any of the following:

 

     (i) Projecting Projects the outcome of a gambling game.

 

     (ii) Keeping Keeps track of the cards played in a gambling

 

game.

 

     (iii) Analyzing Analyzes the probability of the occurrence of

 

an event relating to a gambling game.

 

     (iv) Analyzing Analyzes the strategy for playing or betting to

 

be used in a gambling game.

 

     (f) Cheats at a gambling game.

 

     (g) Manufactures, sells, or distributes cards, chips, dice, a

 

game, or a device that is intended to be used to violate this act.

 

     (h) Alters or misrepresents the outcome of a gambling game on

 

which wagers have been made after the outcome is determined but

 

before it is revealed to the players.

 

     (i) Places a bet after acquiring knowledge, not available to

 

all players, of the outcome of the gambling game that is the

 

subject of the bet or to aid a person in acquiring the knowledge

 

for the purpose of placing a bet contingent on that outcome.

 

     (j) Claims, collects, takes, or attempts to claim, collect, or

 

take money or anything of value in or from the a gambling games,

 

game, with intent to defraud, without having made a wager

 

contingent on winning a the gambling game, or claims, collects, or

 

takes an amount of money or thing of value of greater value than

 

the amount won.

 

     (k) Uses counterfeit chips or tokens in a gambling game.

 

     (l) Possesses a key or device designed for the purpose of

 

opening, entering, or affecting the operation of a gambling game,


drop box, or an electronic or mechanical device connected with the

 

gambling game or for removing coins, tokens, chips, or other

 

contents of a gambling game. This subdivision does not apply to a

 

gambling casino licensee or employee of a gambling casino licensee

 

acting in furtherance of the employee's employment.

 

     (3) A person, or an affiliate of a person, is guilty of a

 

misdemeanor punishable by imprisonment for not more than 1 year in

 

a county jail or a $10,000.00 fine, or both, for doing any of the

 

following:

 

     (a) Knowingly making a wager if the person is under 21 years

 

of age or permitting a person under 21 years of age to make a

 

wager.

 

     (b) Willfully failing to appear before or provide an item to

 

the board at the time and place specified in a subpoena or summons

 

issued by the board or executive director.

 

     (c) Willfully refusing, without just cause, to testify or

 

provide items in answer to a subpoena, subpoena duces tecum or

 

summons issued by the board or executive director.

 

     (d) Conducting or permitting a person who is not licensed

 

pursuant to under this act to conduct activities required to be

 

licensed under the casino, occupational, and suppliers licensee

 

provisions in this act or in rules promulgated by the board.

 

     (e) Knowingly violates or aids or abets in the violation of

 

the provisions of section 7b of this act.

 

     (e) (f) Leasing, pledging, borrowing, or loaning money against

 

a casino, supplier, or occupational license.

 

     (4) The possession of more than 1 of the devices described in


subsection (2)(e) permits a rebuttable presumption that the

 

possessor intended to use the devices for cheating.

 

     (5) An action to prosecute any a crime described in this

 

section may, in the discretion of the attorney general or county

 

prosecuting attorney, be tried in the county in which the crime

 

occurred or in the county of Ingham County.

 

     Sec. 21. When If the board is authorized or required by law to

 

consider some aspect of criminal history record information for the

 

purpose of carrying out its statutory powers and responsibilities,

 

the board shall, in the form and manner required by the department

 

of state police and the federal bureau of investigation, Federal

 

Bureau of Investigation, cause to be conducted a criminal history

 

record investigation to obtain any information currently or

 

subsequently contained in the files of the department of state

 

police or the federal bureau of investigation. Federal Bureau of

 

Investigation. The department of state police shall provide all

 

criminal record information requested by the board for any person

 

who is an applicant for or a holder of a license under this act.

 

     Sec. 25. (1) The board shall create a list of disassociated

 

persons. The board shall, with the assistance of casino licensees,

 

inform each patron of the list of disassociated persons and explain

 

how the patron may add his or her name to the list.

 

     (2) The board may add an individual's name to the list of

 

disassociated persons if the individual has notified the board in

 

writing of his or her pledge not to visit a casino in this state by

 

filing an application for placement on the list of disassociated

 

persons with the board.


     (3) The board shall create and make available an application

 

for placement on the list of disassociated persons. The application

 

shall must include all of the following information about the

 

individual who is applying:

 

     (a) Full name and all aliases.

 

     (b) Physical description including height, weight, hair and

 

eye color, skin color, and any other noticeable physical

 

characteristics.

 

     (c) Occupation.

 

     (d) Current home and work addresses and phone numbers.

 

     (e) Social security Security number.

 

     (f) Date of birth.

 

     (g) Statement that the individual believes he or she is a

 

problem gambler and is seeking treatment.

 

     (h) A photograph suitable for the board and casino licensees

 

to use to identify the individual.

 

     (i) Other information that the board considers necessary.

 

     (4) An individual's name shall must be placed on the list of

 

disassociated persons after all of the following have occurred:

 

     (a) The individual has submitted an application to be placed

 

on the list of disassociated persons to the Michigan gaming control

 

board.

 

     (b) The application has been verified by a representative of

 

the board.

 

     (c) The individual has signed an affidavit in which he or she

 

affirms that he or she wishes to be placed on the list of

 

disassociated persons and authorizing the board to release the


contents of his or her application to all casino licensees in this

 

state.

 

     (d) The individual signs a form releasing the this state, of

 

Michigan, the board, and the casino licensees from any injury the

 

individual suffers as a consequence of placing his or her name on

 

the list of disassociated persons.

 

     (e) The individual signs a form stating that he or she

 

understands and authorizes all of the following:

 

     (i) That a criminal complaint for trespassing will be filed

 

against him or her if he or she is found on the premises of a

 

casino in this state and he or she will be immediately removed from

 

the casino premises.

 

     (ii) That if he or she enters a casino and wins any money, the

 

board will confiscate the winnings.

 

     (5) An individual who has his or her name placed on the list

 

of disassociated persons shall must remain on the list for the

 

remainder of his or her life.

 

     (6) After an application has been submitted to the board, the

 

chairperson of the board shall file a notice of placement on the

 

list of disassociated persons with the board at the next closed

 

session. Information contained in an application under subsection

 

(4) is exempt from disclosure under section 4c of this act and is

 

not open for public inspection. The information shall must be

 

disclosed to the board, each casino licensee in this state, the

 

department of attorney general, and the department of state police.

 

     (7) The list of disassociated persons shall must be provided

 

to each casino licensee, the department of attorney general, and


the department of state police.

 

     (8) Each casino licensee in this state shall submit to the

 

board a plan for disseminating the information contained in the

 

applications for placement on the list of disassociated persons.

 

The board shall approve the plan. The plan shall must be designed

 

to safeguard the confidentiality of the information but shall must

 

include dissemination to all of the following:

 

     (a) The general casino manager or the managerial employee who

 

has responsibility over the entire casino operations.

 

     (b) All security and surveillance personnel.

 

     (c) The department of state police.

 

     (9) A Except as otherwise provided in this subsection, a

 

casino licensee shall not extend credit, offer check cashing

 

privileges, or offer coupons to, or market its services, or send

 

advertisements to, or otherwise solicit the patronage in the casino

 

of, those persons whose names are on the list of disassociated

 

persons. A casino licensee may market or advertise its services,

 

other than by direct mail, for the casino licensee's nongaming

 

amenities, such as hotels, restaurants, and event centers.

 

     (10) The casino licensee shall keep a computer record of each

 

individual whose name is on the list of disassociated persons. If a

 

casino licensee identifies a person whose name is on the list of

 

disassociated persons on the premises of a casino, the licensee

 

shall immediately notify the board, a representative of the board,

 

or a representative of the department of state police who is on the

 

premises of the casino. After the licensee confirms that the

 

individual has filed an affidavit under this section, the licensee


shall do all of the following:

 

     (a) Immediately remove the individual from the casino

 

premises.

 

     (b) Report the incident to the prosecutor for the county in

 

which the casino is located.

 

     (11) A casino licensee who violates this act is subject to

 

disciplinary action by the board.

 

     (12) The board shall promulgate rules to implement and

 

administer this act.

 

     (13) An individual who has placed his or her name on the list

 

of disassociated persons who enters a casino in this state is

 

guilty of criminal trespassing punishable by imprisonment for not

 

more than 1 year, a fine of not more than $1,000.00, or both.

 

     (14) This act does not create any right or cause of action on

 

behalf of the individual whose name is placed on the list of

 

disassociated persons against the this state, of Michigan, the

 

board, or a casino licensee.

 

     (15) Any winnings collected by the board under this act shall

 

must be deposited into the compulsive gaming prevention fund.

 

     Enacting section 1. Sections 7b, 8a, and 10 of the Michigan

 

gaming control and revenue act, 1996 IL 1, MCL 432.207b, 432.208a,

 

and 432.210, are repealed.

 

     Enacting section 2. This amendatory act does not take effect

 

unless all of the following bills of the 100th Legislature are

 

enacted into law:

 

     (a) Senate Bill No. ____ or House Bill No. ____ (request no.

 

01428'19).


     (b) Senate Bill No. ____ or House Bill No. ____ (request no.

 

01479'19 a).

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