HOUSE BILL No. 5289


     October 18, 2001, Introduced by Reps. Scranton, Toy, Bisbee, Julian, O'Neil, Frank, Bovin, Switalski, Pumford, Ehardt, Stewart, Kowall,
Godchaux, Plakas, Neumann, Schauer, Sheltrown, Woodward and Anderson and referred to the Committee on Agriculture and Resource Management.


        A bill to amend the Initiated Law of 1996, entitled

   "An act to provide for the licensing, regulation, and control of
   casino gaming operations, manufacturers and distributors of
   gaming devices and gaming related equipment and supplies, and
   persons who participate in gaming; to provide the distribution of
   revenue for public education, public safety and economic develop-
   ment; authorizing limited casino operations within the state of
   Michigan; to vest authority for the licensing, regulation, and
   control of casino gaming in the Michigan gaming control board; to
   restrict certain political contributions; to establish a code of
   ethics for certain persons involved in gaming; to create certain
   funds; to impose and authorize certain taxes and fees; to impose
   penalties; to authorize conservators under certain circumstances;
   and to make an appropriation,"

   by amending section 3 (MCL 432.203), as amended by 1997 PA 69.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           Sec. 3. (1) Casino gaming is authorized to the extent that

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      it is conducted in accordance with this act.

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           (2) Except as provided in subsection (5), this act does not

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      apply to any of the following:




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           (a) The pari-mutuel system of wagering used or intended to

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      be used in connection with race meetings, EXCEPT as authorized

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      under PART 5 OF the horse racing law of 1995, 1995 PA 279.  , MCL

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      431.301 to 431.336.

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           (b) Lottery games authorized under the

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      McCauley-Traxler-Law-Bowman-McNeely lottery act, 1972 PA 239, MCL

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      432.1 to 432.47.

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           (c) Bingo or millionaire parties or any other activities

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      authorized under the Traxler-McCauley-Law-Bowman bingo act, 1972

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      PA 382, MCL 432.101 to 432.120.

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           (d) Gambling on Native American land and land held in trust

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      by the United States for a federally recognized Indian tribe on

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      which gaming may be conducted under the Indian gaming regulatory

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      act, Public Law 100-497, 102 Stat. 2467.

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           (e) Recreational card playing, bowling, redemption games,

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      and occasional promotional activities under sections 303a, 310a,

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      310b, 372, and 375 of the Michigan penal code, 1931 PA 328, MCL

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      750.303a, 750.310a, 750.310b, 750.372, and 750.375.

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           (3) Any other law that is inconsistent with this act does

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      not apply to casino gaming as provided for by this act.

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           (4) This act and rules promulgated by the board shall apply

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      to all persons who are licensed or otherwise participate in

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      gaming under this act.

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           (5) If a federal court or agency rules or federal legisla-

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      tion is enacted that allows a state to regulate gambling on

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      Native American land or land held in trust by the United States

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      for a federally recognized Indian tribe, the legislature shall



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      enact legislation creating a new act consistent with this act to

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      regulate casinos that are operated on Native American land or

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      land held in trust by the United States for a federally recog-

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      nized Indian tribe.  The legislation shall be passed by a simple

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      majority of members elected to and serving in each house.

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           Enacting section 1.  This amendatory act does not take

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      effect unless all of the following bills of the 91st Legislature

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      are enacted into law:

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           (a) Senate Bill No. 565.

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           (b) Senate Bill No. 566.

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           (c) Senate Bill No. 567.

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           (d) Senate Bill No. 568.

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           (e) Senate Bill No. 569.































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