Citations Affected:
IC 4-31-11.5; IC 4-33-12-6.
Synopsis: Alternative racing programs. Permits a statewide breed
association that represents a breed at a pari-mutuel racetrack located in
Indiana to apply to the Indiana horse racing commission for approval
of an alternative racing program consisting of nonpari-mutuel races.
Establishes an alternative racing program fund for each alternative
racing program that is approved by the commission. Distributes
$600,000 for alternative racing programs. Permits distribution of a part
of the revenues from the admissions tax, in an amount to be determined
by the commission, for a training facility for thoroughbreds and other
breeds.
Effective: July 1, 2000; January 1, 2001.
November 18, 1999, read first time and referred to Committee on Finance.
A BILL FOR AN ACT to amend the Indiana Code concerning
gaming.
SECTION 1.
IC 4-31-11.5
IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2001]:
Chapter 11.5. Alternative Racing Programs
Sec. 1. A statewide breed association that represents a breed at
a pari-mutuel racetrack located in Indiana may submit an
application to the commission for approval of an alternative racing
program. The commission may approve an application for a
program that meets the following criteria:
(1) The alternative racing program must consist solely of
nonpari-mutuel races conducted at county fairgrounds, the
state fairgrounds, or other racetracks located in Indiana.
(2) An alternative racing program may not be conducted at
the same time as a county fair or the state fair.
(3) Purses awarded under the alternative racing program
must be for the benefit of Indiana owned, Indiana sired, or
Indiana bred horses.
(4) The total purse awarded for an individual race under an
alternative racing program may not exceed five thousand
dollars ($5,000).
(5) If the statewide breed association submitting the
application is not the largest association in Indiana for that
breed, the application must be approved by the largest
statewide breed association in Indiana for that breed.
Sec. 2. The commission shall establish a separate alternative
racing program fund for each alternative racing program that is
approved under section 1 of this chapter. Each alternative racing
program fund shall be administered by the commission.
Sec. 3. Each alternative racing program fund consists of
amounts distributed to that fund under
IC 4-33-12-6
(b)(6).
Sec. 4. The treasurer of state shall invest the money in each
alternative racing program fund not currently needed to meet
obligations of that fund in the same manner as other public funds
may be invested. Interest that accrues from these investments shall
be deposited in the fund.
Sec. 5. An alternative racing program fund does not revert to
the state general fund at the end of a state fiscal year and is
retained by the commission.
Sec. 6. The commission shall use the alternative racing program
funds to provide purses and other funding for alternative racing
programs approved by the commission under this chapter.
Sec. 7. A statewide breed association that conducts an
alternative racing program under this chapter may request
reimbursement from the commission for:
(1) purses awarded at the alternative racing program;
(2) expenses incurred by the racetrack at which the
alternative racing program was conducted for the usage,
maintenance, and upkeep of the racetrack during the
alternative racing program; and
(3) expenses incurred for track officials necessary to conduct
the racing program.
Upon approval of the request by the commission, the auditor of
state and treasurer of state shall make payments from the
appropriate alternative racing program fund to the statewide
breed association or to other persons designated to receive
reimbursement by the statewide breed association.
Sec. 8. The commission shall provide regulatory oversight of
each alternative racing program to the extent considered necessary
by the commission. The commission may supply personnel for an
alternative racing program.
Sec. 9. A statewide breed association that conducts an
alternative racing program under this chapter may assess a
starting fee for each horse in each race to reimburse the breed
association for services rendered.
SECTION 2.
IC 4-33-12-6
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 6. (a) The department
shall place in the state general fund the tax revenue collected under this
chapter.
(b) Except as provided by subsection (c), the treasurer of state shall
quarterly pay the following amounts:
(1) One dollar ($1) of the admissions tax collected by the licensed
owner for each person embarking on a riverboat during the
quarter shall be paid to:
(A) the city in which the riverboat is docked, if the city:
(i) is described in
IC 4-33-6-1
(a)(1) through
IC 4-33-6-1
(a)(4) or in
IC 4-33-6-1
(b); or
(ii) is contiguous to the Ohio River and is the largest city in
the county; and
(B) the county in which the riverboat is docked, if the
riverboat is not docked in a city described in clause (A).
(2) One dollar ($1) of the admissions tax collected by the licensed
owner for each person embarking on a riverboat during the
quarter shall be paid to the county in which the riverboat is
docked. In the case of a county described in subdivision (1)(B),
this one dollar ($1) is in addition to the one dollar ($1) received
under subdivision (1)(B).
(3) Ten cents ($0.10) of the admissions tax collected by the
licensed owner for each person embarking on a riverboat during
the quarter shall be paid to the county convention and visitors
bureau or promotion fund for the county in which the riverboat is
docked.
(4) Fifteen cents ($0.15) of the admissions tax collected by the
licensed owner for each person embarking on a riverboat during
a quarter shall be paid to the state fair commission, for use in any
activity that the commission is authorized to carry out under
IC 15-1.5-3.
(5) Ten cents ($0.10) of the admissions tax collected by the
licensed owner for each person embarking on a riverboat during
the quarter shall be paid to the division of mental health. The
division shall allocate at least twenty-five percent (25%) of the
funds derived from the admissions tax to the prevention and
treatment of compulsive gambling.
collected for each person embarking on the riverboat during the
quarter.
(3) The resource conservation and development program that:
(A) is established under 16 U.S.C. 3451 et seq.; and
(B) serves the Patoka Lake area;
shall receive forty cents ($0.40) of the admissions tax collected
for each person embarking on the riverboat during the quarter.
(4) The state general fund shall receive fifty cents ($0.50) of the
admissions tax collected for each person embarking on the
riverboat during the quarter.
(5) The division of mental health shall receive ten cents ($0.10)
of the admissions tax collected for each person embarking on the
riverboat during the quarter. The division shall allocate at least
twenty-five percent (25%) of the funds derived from the
admissions tax to the prevention and treatment of compulsive
gambling.
(d) Money paid to a unit of local government under subsection
(b)(1) through (b)(2) or subsection (c)(1):
(1) must be paid to the fiscal officer of the unit and may be
deposited in the unit's general fund or riverboat fund established
under
IC 36-1-8-9
, or both;
(2) may not be used to reduce the unit's maximum or actual levy
under
IC 6-1.1-18.5
; and
(3) may be used for any legal or corporate purpose of the unit,
including the pledge of money to bonds, leases, or other
obligations under
IC 5-1-14-4.
(e) Money paid by the treasurer of state under subsection (b)(3)
shall be:
(1) deposited in:
(A) the county convention and visitor promotion fund; or
(B) the county's general fund if the county does not have a
convention and visitor promotion fund; and
(2) used only for the tourism promotion, advertising, and
economic development activities of the county and community.
(f) Money received by the division of mental health under
subsections (b)(5) and (c)(5):
(1) is annually appropriated to the division of mental health;
(2) shall be distributed to the division of mental health at times
during each state fiscal year determined by the budget agency;
and
(3) shall be used by the division of mental health for programs
and facilities for the prevention and treatment of addictions to
drugs, alcohol, and compulsive gambling, including the creation and maintenance of a toll free telephone line to provide the public with information about these addictions. The division shall allocate at least twenty-five percent (25%) of the money received to the prevention and treatment of compulsive gambling.