HOUSE BILL No. 4724 April 30, 1997, Introduced by Reps. DeHart, Schermesser, Llewellyn, Law, Anthony, Prusi, Tesanovich, Parks, Mans, Hale, Kelly, Scott, Schauer and Stallworth and referred to the Committee on House Oversight and Ethics. A bill to amend the Initiated Law of 1996, entitled "Michigan gaming control and revenue act," (MCL 432.201 to 432.216) by adding section 4a. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 SEC. 4A. (1) EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, 2 THE BOARD SHALL NOT DISCLOSE ANY OF THE FOLLOWING: 3 (A) UNLESS PRESENTED DURING A PUBLIC HEARING, ALL INFORMA- 4 TION, RECORDS, INTERVIEWS, REPORTS, STATEMENTS, MEMORANDA, OR 5 OTHER DATA SUPPLIED TO, CREATED BY, OR USED BY THE BOARD IN RELA- 6 TION TO A BACKGROUND INVESTIGATION OR TRADE SECRETS, INTERNAL 7 CONTROLS, OR SECURITY MEASURES OF A LICENSEE OR APPLICANT. 8 (B) ALL INFORMATION, RECORDS, INTERVIEWS, REPORTS, STATE- 9 MENTS, MEMORANDA, OR OTHER DATA SUPPLIED TO OR USED BY THE BOARD 10 THAT ARE RECEIVED FROM ANOTHER JURISDICTION OR LOCAL, STATE, OR 11 FEDERAL AGENCY IF THEIR RELEASE IS BARRED BY A STATUTE, 02995'97 VPW 2 1 ORDINANCE, RULE, OR REGULATION OF THAT JURISDICTION OR AGENCY OR 2 BY AN INTERGOVERNMENTAL AGREEMENT. 3 (C) ALL INFORMATION PROVIDED IN AN APPLICATION FOR LICENSE 4 PROVIDED UNDER THIS ACT. 5 (D) INFORMATION SUPPLIED TO, CREATED BY, USED BY, OR IN THE 6 POSSESSION OF THE BOARD RELATED TO BACKGROUND INVESTIGATIONS, 7 TRADE SECRETS, PROPRIETARY OR COMMERCIALLY SENSITIVE INFORMATION, 8 INTERNAL CONTROL SYSTEMS, SECURITY MEASURES, OR INFORMATION 9 RECEIVED FROM ANOTHER JURISDICTION OR LOCAL, STATE, OR FEDERAL 10 AGENCY. 11 (2) THE BOARD MAY COOPERATE WITH AND PROVIDE, ON A CONFIDEN- 12 TIAL BASIS, INFORMATION, RECORDS, INTERVIEWS, REPORTS, STATE- 13 MENTS, MEMORANDA, OR OTHER DATA SUPPLIED TO, CREATED BY, USED BY, 14 OR IN THE POSSESSION OF THE BOARD TO THE GOVERNOR'S OFFICE, THE 15 DEPARTMENT OF STATE POLICE, THE DEPARTMENT OF ATTORNEY GENERAL, 16 OTHER STATE AGENCIES, THE CITY IN WHICH A CASINO IS LOCATED OR IS 17 PROPOSED TO BE LOCATED, AND OTHER JURISDICTIONS OR LAW ENFORCE- 18 MENT AGENCIES. 19 (3) NOTWITHSTANDING ANY OTHER PROVISION OF THIS ACT, THE 20 BOARD SHALL UPON WRITTEN REQUEST FROM ANY PERSON PROVIDE ONLY THE 21 FOLLOWING INFORMATION CONCERNING AN APPLICANT OR LICENSEE, HIS OR 22 HER PRODUCTS, SERVICES, OR GAMING ENTERPRISES, AND HIS OR HER 23 BUSINESS HOLDINGS: 24 (A) THE NAME, BUSINESS ADDRESS, AND BUSINESS TELEPHONE 25 NUMBER OF THE APPLICANT OR LICENSEE. 26 (B) AN IDENTIFICATION OF THE APPLICANT OR LICENSEE, 27 INCLUDING, IF AN APPLICANT OR LICENSEE IS NOT AN INDIVIDUAL, THE 02995'97 3 1 STATE OF INCORPORATION OR REGISTRATION, THE CORPORATE OFFICERS, 2 AND THE IDENTITY OF ALL SHAREHOLDERS. IF AN APPLICANT OR 3 LICENSEE HAS A PENDING REGISTRATION STATEMENT FILED WITH THE 4 SECURITIES AND EXCHANGE COMMISSION, THE BOARD SHALL DISCLOSE ONLY 5 THE NAMES OF THOSE PERSONS OR ENTITIES HOLDING INTERESTS OF 5% OR 6 MORE. 7 (C) AN IDENTIFICATION OF ANY BUSINESS, INCLUDING, IF APPLI- 8 CABLE, THE STATE OF INCORPORATION OR REGISTRATION, IN WHICH THE 9 APPLICANT OR LICENSEE OR THE APPLICANT OR LICENSEE'S SPOUSE OR 10 CHILDREN HAS AN EQUITY INTEREST OF MORE THAN 5%. 11 (D) WHETHER THE APPLICANT OR LICENSEE HAS BEEN INDICTED OR 12 CONVICTED, HAS PLEADED GUILTY OR NOLO CONTENDERE, OR HAS FOR- 13 FEITED BAIL CONCERNING ANY CRIMINAL OFFENSE UNDER THE LAWS OF ANY 14 JURISDICTION, WHETHER FELONY OR MISDEMEANOR, NOT INCLUDING TRAF- 15 FIC VIOLATIONS, INCLUDING THE NAME AND LOCATION OF THE COURT, THE 16 DATE, THE CASE NUMBER, AND THE DISPOSITION OF THE OFFENSE. 17 (E) WHETHER THE APPLICANT OR LICENSEE HAS HAD ANY LICENSE OR 18 CERTIFICATION ISSUED BY A LICENSING AUTHORITY IN MICHIGAN OR ANY 19 OTHER JURISDICTION DENIED, RESTRICTED, SUSPENDED, REVOKED, OR NOT 20 RENEWED AND, IF KNOWN BY THE BOARD, A STATEMENT DESCRIBING THE 21 FACTS AND CIRCUMSTANCES CONCERNING THE DENIAL, RESTRICTION, SUS- 22 PENSION, REVOCATION, OR NONRENEWAL, INCLUDING THE LICENSING 23 AUTHORITY, THE DATE EACH ACTION WAS TAKEN, AND THE REASON FOR 24 EACH ACTION. 25 (F) WHETHER THE APPLICANT OR LICENSEE HAS EVER FILED, OR HAD 26 FILED AGAINST IT, A PROCEEDING FOR BANKRUPTCY OR HAS EVER BEEN 27 INVOLVED IN ANY FORMAL PROCESS TO ADJUST, DEFER, SUSPEND, OR 02995'97 4 1 OTHERWISE WORK OUT THE PAYMENT OF ANY DEBT, INCLUDING THE DATE OF 2 FILING, THE NAME AND LOCATION OF THE COURT, THE DATE, THE CASE 3 NUMBER, AND THE DISPOSITION. 4 (G) WHETHER THE APPLICANT OR LICENSEE HAS FILED OR BEEN 5 SERVED WITH A COMPLAINT OR OTHER NOTICE FILED WITH ANY PUBLIC 6 BODY REGARDING THE DELINQUENCY IN THE PAYMENT OF ANY TAX REQUIRED 7 UNDER FEDERAL, STATE, OR LOCAL LAW, INCLUDING THE AMOUNT, THE 8 TYPE OF TAX, THE TAXING AGENCY, AND THE RELEVANT TIME PERIODS. 9 (H) A STATEMENT LISTING THE NAMES AND TITLES OF ALL PUBLIC 10 OFFICIALS OR OFFICERS OF ANY CITY, STATE, OR FEDERAL BODY, 11 AGENCY, OR ENTITY AND RELATIVES OF SUCH OFFICIALS WHO, DIRECTLY 12 OR INDIRECTLY, OWN ANY FINANCIAL INTEREST IN, HAVE ANY BENEFICIAL 13 INTEREST IN, ARE THE CREDITORS OF, OR HOLD OR HAVE ANY OTHER 14 INTEREST IN OR HAVE ANY CONTRACTUAL OR SERVICE RELATIONSHIP WITH 15 THE APPLICANT OR LICENSEE. 16 (I) THE NAME AND BUSINESS TELEPHONE NUMBER OF ANY ATTORNEY, 17 COUNSEL, LOBBYIST AGENT, OR AGENT REPRESENTING THE APPLICANT OR 18 LICENSEE IN MATTERS BEFORE THE BOARD. 19 (J) A SUMMARY OF THE APPLICANT'S OR LICENSEE'S DEVELOPMENT 20 AGREEMENT WITH THE CITY, INCLUDING THE APPLICANT'S OR LICENSEE'S 21 PROPOSED LOCATION, THE SQUARE FOOTAGE OF ANY PROPOSED CASINO, THE 22 TYPE OF ADDITIONAL FACILITIES, RESTAURANTS, OR HOTELS PROPOSED BY 23 THE APPLICANT OR LICENSEE, THE EXPECTED ECONOMIC BENEFIT TO THE 24 CITY, THE ANTICIPATED OR ACTUAL NUMBER OF EMPLOYEES, ANY STATE- 25 MENT FROM THE APPLICANT OR LICENSEE REGARDING COMPLIANCE WITH 26 FEDERAL AND STATE AFFIRMATIVE ACTION GUIDELINES, PROJECTED OR 27 ACTUAL ADMISSIONS, AND PROJECTED OR ACTUAL GROSS REVENUES. 02995'97 5 1 (K) A DESCRIPTION OF THE PRODUCT OR SERVICE TO BE SUPPLIED 2 BY OR OCCUPATION TO BE ENGAGED IN BY THE APPLICANT OR LICENSEE. 3 (4) THE CITY IN WHICH A CASINO IS LOCATED OR IS PROPOSED TO 4 BE LOCATED MAY COOPERATE WITH AND PROVIDE, ON A CONFIDENTIAL 5 BASIS, INFORMATION, RECORDS, INTERVIEWS, REPORTS, STATEMENTS, 6 MEMORANDA, OR OTHER DATA RELATED TO CASINO GAMING SUPPLIED TO, 7 CREATED BY, USED BY, OR IN THE POSSESSION OF THE CITY TO THE 8 BOARD, THE MICHIGAN STATE POLICE, THE ATTORNEY GENERAL'S OFFICE, 9 OTHER STATE AGENCIES, AND OTHER JURISDICTIONS OR LAW ENFORCEMENT 10 AGENCIES. 11 (5) EXCEPT AS PROVIDED IN THIS SECTION, ALL INFORMATION SUP- 12 PLIED TO, CREATED BY, USED BY, OR IN THE POSSESSION OF THE CITY 13 IN WHICH A CASINO IS LOCATED OR IS PROPOSED TO BE LOCATED, 14 RELATED TO BACKGROUND INVESTIGATIONS, TRADE SECRETS, PROPRIETARY 15 OR COMMERCIALLY SENSITIVE INFORMATION, INTERNAL CONTROL SYSTEMS, 16 SECURITY MEASURES, AN APPLICATION FOR A LICENSE, OR INFORMATION 17 RECEIVED FROM ANOTHER JURISDICTION OR LOCAL, STATE, OR FEDERAL 18 AGENCY, SHALL BE EXEMPT FROM DISCLOSURE. 19 (6) THE CITY IN WHICH A CASINO IS LOCATED OR IS PROPOSED TO 20 BE LOCATED SHALL UPON WRITTEN REQUEST FROM ANY PERSON PROVIDE 21 ONLY THE FOLLOWING INFORMATION CONCERNING AN APPLICANT, LICENSEE, 22 OR RESPONDENT, HIS OR HER PRODUCTS, SERVICES, OR GAMING ENTER- 23 PRISES, AND HIS OR HER BUSINESS HOLDINGS: 24 (A) THE NAME, BUSINESS ADDRESS, AND BUSINESS TELEPHONE 25 NUMBER OF THE APPLICANT, LICENSEE, OR RESPONDENT. 26 (B) AN IDENTIFICATION OF THE APPLICANT, LICENSEE, OR 27 RESPONDENT, INCLUDING, IF AN APPLICANT, LICENSEE, OR RESPONDENT 02995'97 6 1 IS NOT AN INDIVIDUAL, THE STATE OF INCORPORATION OR REGISTRATION, 2 THE CORPORATE OFFICERS, AND THE IDENTITY OF ALL SHAREHOLDERS. IF 3 AN APPLICANT, LICENSEE, OR RESPONDENT HAS A PENDING REGISTRATION 4 STATEMENT FILED WITH THE SECURITIES AND EXCHANGE COMMISSION, THE 5 CITY SHALL PROVIDE ONLY THE NAMES OF THOSE PERSONS OR ENTITIES 6 HOLDING INTERESTS OF 5% OR MORE. 7 (C) AN IDENTIFICATION OF ANY BUSINESS, INCLUDING, IF APPLI- 8 CABLE, THE STATE OF INCORPORATION OR REGISTRATION, IN WHICH THE 9 APPLICANT, LICENSEE, OR RESPONDENT OR THE APPLICANT'S, 10 LICENSEE'S, OR RESPONDENT'S SPOUSE OR CHILDREN HAS AN EQUITY 11 INTEREST OF MORE THAN 5%. 12 (D) WHETHER THE APPLICANT, LICENSEE, OR RESPONDENT HAS BEEN 13 INDICTED OR CONVICTED, HAS PLEADED GUILTY OR NOLO CONTENDERE, OR 14 HAS FORFEITED BAIL CONCERNING ANY CRIMINAL OFFENSE UNDER THE LAWS 15 OF ANY JURISDICTION, WHETHER FELONY OR MISDEMEANOR, NOT INCLUDING 16 TRAFFIC VIOLATIONS, INCLUDING, IF KNOWN BY THE CITY, THE NAME AND 17 LOCATION OF THE COURT, THE DATE, THE CASE NUMBER, AND THE DISPO- 18 SITION OF THE OFFENSE. 19 (E) WHETHER THE APPLICANT, LICENSEE, OR RESPONDENT HAS HAD 20 ANY LICENSE OR CERTIFICATION ISSUED BY A LICENSING AUTHORITY IN 21 MICHIGAN OR ANY OTHER JURISDICTION DENIED, RESTRICTED, SUSPENDED, 22 REVOKED, OR NOT RENEWED AND, IF KNOWN BY THE CITY, A STATEMENT 23 DESCRIBING THE FACTS AND CIRCUMSTANCES CONCERNING THE DENIAL, 24 RESTRICTION, SUSPENSION, REVOCATION, OR NONRENEWAL, INCLUDING THE 25 LICENSING AUTHORITY, THE DATE EACH SUCH ACTION WAS TAKEN, AND THE 26 REASON FOR EACH SUCH ACTION. 02995'97 7 1 (F) WHETHER THE APPLICANT, LICENSEE, OR RESPONDENT HAS EVER 2 FILED, OR HAD FILED AGAINST IT, A PROCEEDING FOR BANKRUPTCY OR 3 HAS EVER BEEN INVOLVED IN ANY FORMAL PROCESS TO ADJUST, DEFER, 4 SUSPEND, OR OTHERWISE WORK OUT THE PAYMENT OF ANY DEBT, INCLUDING 5 THE DATE OF FILING, THE NAME AND LOCATION OF THE COURT, THE DATE, 6 THE CASE NUMBER, AND THE DISPOSITION. 7 (G) A STATEMENT LISTING THE NAMES AND TITLES OF ALL PUBLIC 8 OFFICIALS OR OFFICERS OF ANY CITY, STATE, OR FEDERAL BODY, 9 AGENCY, OR ENTITY AND RELATIVES OF SUCH OFFICIALS WHO, DIRECTLY 10 OR INDIRECTLY, OWN ANY FINANCIAL INTEREST IN, HAVE ANY BENEFICIAL 11 INTEREST IN, ARE THE CREDITORS OF, OR HOLD OR HAVE ANY INTEREST 12 IN OR ANY CONTRACTUAL OR SERVICE RELATIONSHIP WITH, THE APPLI- 13 CANT, LICENSEE, OR RESPONDENT. 14 (H) THE NAME AND BUSINESS TELEPHONE NUMBER OF ANY ATTORNEY, 15 COUNSEL, LOBBYIST AGENT, OR AGENT REPRESENTING THE APPLICANT, 16 LICENSEE, OR RESPONDENT IN MATTERS BEFORE THE CITY. 17 (I) A SUMMARY OF THE APPLICANT'S, LICENSEE'S, OR 18 RESPONDENT'S DEVELOPMENT AGREEMENT WITH THE CITY, INCLUDING THE 19 APPLICANT'S, LICENSEE'S, OR RESPONDENT'S PROPOSED LOCATION, THE 20 SQUARE FOOTAGE OF ANY PROPOSED CASINO, THE TYPE OF ADDITIONAL 21 FACILITIES, RESTAURANTS, OR HOTELS PROPOSED BY THE APPLICANT, 22 LICENSEE, OR RESPONDENT, THE EXPECTED ECONOMIC BENEFIT TO THE 23 CITY, THE ANTICIPATED OR ACTUAL NUMBER OF EMPLOYEES, ANY STATE- 24 MENT FROM THE APPLICANT, LICENSEE, OR RESPONDENT REGARDING COM- 25 PLIANCE WITH FEDERAL AND STATE AFFIRMATIVE ACTION GUIDELINES, 26 PROJECTED OR ACTUAL ADMISSIONS, AND PROJECTED OR ACTUAL GROSS 27 REVENUES. 02995'97 8 1 (J) A DESCRIPTION OF THE PRODUCT OR SERVICE TO BE SUPPLIED 2 BY OR OCCUPATION TO BE ENGAGED IN BY THE APPLICANT, LICENSEE, OR 3 RESPONDENT. 4 (7) AS USED IN THIS SECTION, "RESPONDENT" MEANS A PERSON WHO 5 HAS SUBMITTED A RESPONSE TO A REQUEST FOR PROPOSALS FOR DEVELOP- 6 MENT AGREEMENTS TO THE CITY IN WHICH A CASINO IS PROPOSED TO BE 7 LOCATED. 02995'97 Final page. 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