Text Box
Adopted Rejected
[
]
COMMITTEE REPORT
YES:
14
NO:
12
MR. SPEAKER:
Your Committee on Ways and Means , to which was referred Senate Bill 333 , has
had the same under consideration and begs leave to report the same back to the House with the
recommendation that said bill be amended as follows:
Delete the committee report of the House Committee on Public
Policy, Ethics and Veterans Affairs adopted February 19, 2002.
SOURCE: Page 1, line 5; (02)CR033302.1. -->
Page 1, line 5, after "racetracks" insert " and satellite facilities".
Page 1, delete lines 10 through 17.
Delete pages 2 through 16, begin a new paragraph and insert:
SOURCE: IC 4-31-2-1.5; (02)CR033302.2. -->
"SECTION 2. IC 4-31-2-1.5 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2002]:
Sec. 1.5. "Adjusted gross receipts" means:
(1) the total of all cash and property (including checks
received by a permit holder whether collected or not) received
by a permit holder from pari-mutuel pull tab sales; minus
(2) the total of:
(A) all cash paid out as winnings for pari-mutuel pull tabs
to patrons; and
(B) uncollectible pari-mutuel pull tab receivables, not to
exceed the lesser of:
(i) a reasonable provision for uncollectible patron checks
received from pari-mutuel pull tab sales; or
(ii) two percent (2%) of the total of all sums, including
checks, whether collected or not, less the amount paid
out as winnings for pari-mutuel pull tabs to patrons.
For purposes of this section, a counter or personal check that is
invalid or unenforceable under this article is considered cash
received by the permit holder from pari-mutuel pull tab sales.
SOURCE: IC 4-31-2-11.5; (02)CR033302.3. -->
SECTION 3. IC 4-31-2-11.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2002]: Sec. 11.5. "Pari-mutuel pull tab" means a game offered to
the public in which a person who purchases a ticket or simulated
ticket has the opportunity to share in a prize pool, multiple prize
pools, or a shared prize pool consisting of the total amount
wagered in the game minus deductions by the permit holder selling
the pari-mutuel pull tab and other deductions either permitted or
required by law.
SOURCE: IC 4-31-3-9; (02)CR033302.4. -->
SECTION 4. IC 4-31-3-9 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2002]: Sec. 9. The commission may:
(1) adopt rules under IC 4-22-2, including emergency rules under
IC 4-22-2-37.1, to implement this article, including rules that
prescribe:
(A) the forms of wagering that are permitted;
(B) the number of races;
(C) the procedures for wagering;
(D) the wagering information to be provided to the public;
(E)
the hours during which a racetrack or satellite facility
may sell pari-mutuel pull tabs under IC 4-31-7.5;
(F) fees for the issuance and renewal of:
(i) permits under IC 4-31-5;
(ii) satellite facility licenses under IC 4-31-5.5; and
(iii) licenses for racetrack personnel and racing participants
under IC 4-31-6;
(F) (G) investigative fees;
(G) (H) fines and penalties; and
(H) (I) any other regulation that the commission determines is
in the public interest in the conduct of recognized meetings
and wagering on horse racing in Indiana;
(2) appoint employees in the manner provided by IC 4-15-2 and
fix their compensation, subject to the approval of the budget
agency under IC 4-12-1-13;
(3) enter into contracts necessary to implement this article; and
(4) receive and consider recommendations from an advisory
development committee established under IC 4-31-11.
SOURCE: IC 4-31-4-1.3; (02)CR033302.5. -->
SECTION 5. IC 4-31-4-1.3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 1.3. (a) This section
does not apply to a person who satisfies all of the following:
(1) The person was issued a satellite facility license before
January 2, 1996.
(2) The person operated a satellite facility before January 2, 1996.
(3) The person is currently operating the satellite facility under
the license.
(b) A person may not operate under a satellite facility license unless
both of the following apply:
(1) The county fiscal body of the county in which the satellite
facility will be operated has adopted an ordinance under section
2.5 of this chapter.
(2) The person secures a license under IC 4-31-5.5.
(c) Notwithstanding any other provision of this article,
subsection (b)(1) does not apply to a permit holder who:
(1) was issued a permit before January 1, 2002; and
(2) files an application to operate a satellite facility in a county
having a consolidated city.
SOURCE: IC 4-31-4-2; (02)CR033302.6. -->
SECTION 6. IC 4-31-4-2 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2002]: Sec. 2. (a) A county fiscal body may
adopt an ordinance permitting the filing of applications under
IC 4-31-5 to conduct pari-mutuel wagering on horse races at racetracks
in the county. However, before adopting the ordinance, the county
fiscal body must:
(1) conduct a public hearing on the proposed ordinance; and
(2) publish notice of the public hearing in the manner prescribed
by IC 5-3-1.
(b) The county fiscal body may:
(1) require in the ordinance adopted by the county fiscal body that
before applications under IC 4-31-5 to conduct pari-mutuel
wagering on horse races at racetracks in the county may be filed,
the voters of the county must approve the conducting of horse
racing meetings in the county under section 3 of this chapter; or
(2) amend an ordinance already adopted by the county fiscal body
to require that before applications under IC 4-31-5 to conduct
pari-mutuel wagering on horse races at racetracks in the county
may be filed, the voters of the county must approve the
conducting of horse racing meetings in the county under section
3 of this chapter.
An ordinance adopted under this section may not be amended to apply
to a person who has already been issued a permit under IC 4-31-5
before amendment of the ordinance.
(c) An ordinance adopted under this section authorizing a
person to conduct pari-mutuel wagering on horse races at
racetracks in the county may not be amended with the intent to
restrict a permit holder's ability to sell pari-mutuel pull tabs under
IC 4-31-7.5. An ordinance adopted by the county fiscal body
permitting the sale of pari-mutuel pull tabs is not a requirement
for the lawful sale of pari-mutuel pull tabs under IC 4-31-7.5.
SOURCE: IC 4-31-4-2.5; (02)CR033302.7. -->
SECTION 7. IC 4-31-4-2.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 2.5. (a) A county fiscal
body may adopt an ordinance permitting the filing of applications
under IC 4-31-5.5 for operation of a satellite facility in the county.
However, before adopting the ordinance, the county fiscal body must:
(1) conduct a public hearing on the proposed ordinance; and
(2) publish notice of the public hearing in the manner prescribed
by IC 5-3-1.
(b) The county fiscal body may:
(1) require in the ordinance adopted by the county fiscal body that
before applications under IC 4-31-5.5 to operate a satellite facility
in the county may be filed, the voters of the county must approve
the operation of a satellite facility in the county under section 3 of
this chapter; or
(2) amend an ordinance already adopted in the county to require
that before applications under IC 4-31-5.5 to operate a satellite
facility in the county may be filed, the voters of the county must
approve the operation of a satellite facility in the county under
section 3 of this chapter.
An ordinance adopted under this section may not be amended to apply
to a person who was issued a license under IC 4-31-5.5 before the
ordinance was amended.
(c) Notwithstanding any other provision of this article, this
section does not apply to a permit holder who:
(1) was issued a permit before January 1, 2002; and
(2) files an application to operate a satellite facility in a county
having a consolidated city.
SOURCE: IC 4-31-4-3; (02)CR033302.8. -->
SECTION 8. IC 4-31-4-3 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2002]: Sec. 3. (a) This section does not apply
to either of the following:
(1) A permit holder who satisfies all of the following:
(A) The permit holder was issued a permit before January 2,
1996.
(B) The permit holder conducted live racing before January 2,
1996.
(C) The permit holder is currently operating under the permit.
(2) A person who satisfies all of the following:
(A) The person was issued a satellite facility license before
January 2, 1996.
(B) The person operated a satellite facility before January 2,
1996.
(C) The person is currently operating the satellite facility
under the license.
(b) This section applies if either of the following apply:
(1) Both of the following are satisfied:
(A) An ordinance is adopted under section 2 or 2.5 of this
chapter.
(B) The ordinance requires the voters of the county to approve
either of the following:
(i) The conducting of horse racing meetings in the county.
(ii) The operation of a satellite facility in the county.
(2) A local public question is required to be held under section
2.7 of this chapter following the filing of a petition with the
circuit court clerk:
(A) signed by at least the number of registered voters of the
county required under IC 3-8-6-3 to place a candidate on the
ballot; and
(B) requesting that the local public question set forth in
subsection (d) be placed on the ballot.
(c) Notwithstanding any other provision of this article, the
commission may not issue a recognized meeting permit under
IC 4-31-5 to allow the conducting of or the assisting of the conducting
of a horse racing meeting unless the voters of the county in which the
property is located have approved conducting recognized meetings in
the county.
(d) For a local public question required to be held under subsection
(c), the county election board shall place the following question on the
ballot in the county during the next general election:
"Shall horse racing meetings at which pari-mutuel wagering
occurs be allowed in _____________ County?".
(e) Notwithstanding any other provision of this article, the
commission may not issue a satellite facility license under IC 4-31-5.5
to operate a satellite facility unless the voters of the county in which the
satellite facility will be located approve the operation of the satellite
facility in the county.
(f) For a local public question required to be held under subsection
(e), the county election board shall place the following question on the
ballot in the county during the next general election:
"Shall satellite facilities at which pari-mutuel wagering occurs be
allowed in _____________ County?".
(g) A public question under this section must be certified in
accordance with IC 3-10-9-3 and shall be placed on the ballot in
accordance with IC 3-10-9.
(h) The circuit court clerk of a county holding an election under this
chapter shall certify the results determined under IC 3-12-4-9 to the
commission and the department of state revenue.
(i) If a public question is placed on the ballot under subsection (d)
or (f) in a county and the voters of the county do not vote in favor of the
public question, a second public question under that subsection may
not be held in the county for at least two (2) years. If the voters of the
county vote to reject the public question a second time, a third or
subsequent public question under that subsection may not be held in
the county until the general election held during the tenth year
following the year of the previous public question held under that
subsection.
(j) Notwithstanding any other provision of this article, this
section does not apply to a permit holder who:
(1) was issued a permit before January 1, 2002; and
(2) files an application to operate a satellite facility in a county
having a consolidated city.
SOURCE: IC 4-31-5-15; (02)CR033302.9. -->
SECTION 9. IC 4-31-5-15 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 15. Except as
provided in IC 4-31-7.5, any fees or penalties collected by the
commission under IC 4-31-3-9(1)(E) IC 4-31-3-9(1)(F) through
IC 4-31-3-9(1)(G) IC 4-31-3-9(1)(H) shall be paid into the state
general fund.
SOURCE: IC 4-31-5.5-3; (02)CR033302.10. -->
SECTION 10. IC 4-31-5.5-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 3. (a) As used in this
section, "live racing day" means a day on which at least eight (8) live
horse races are conducted.
(b) The commission's authority to issue satellite facility licenses is
subject to the following conditions:
(1) The commission may issue four (4) satellite facility licenses
to each permit holder that:
(A) conducts at least one hundred twenty (120) live racing
days per year at the racetrack designated in the permit holder's
permit; and
(B) meets the other requirements of this chapter and the rules
adopted under this chapter.
If a permit holder that operates satellite facilities does not meet
the required minimum number of live racing days, the permit
holder may not operate the permit holder's satellite facilities
during the following year. However, the requirement for one
hundred twenty (120) live racing days does not apply if the
commission determines that the permit holder is prevented from
conducting live horse racing as a result of a natural disaster or
other event over which the permit holder has no control. In
addition, if the initial racing meeting conducted by a permit
holder commences at such a time as to make it impractical to
conduct one hundred twenty (120) live racing days during the
permit holder's first year of operations, the commission may
authorize the permit holder to conduct simulcast wagering during
the first year of operations with fewer than one hundred twenty
(120) live racing days.
(2) Each proposed satellite facility must be covered by a separate
application. The timing for filing an initial application for a
satellite facility license shall be established by the rules of the
commission.
(3) A satellite facility must:
(A) have full dining service available;
(B) have multiple screens to enable each patron to view
simulcast races; and
(C) be designed to seat comfortably a minimum of four
hundred (400) persons.
(4) In determining whether a proposed satellite facility should be
approved, the commission shall consider the following:
(A) The purposes and provisions of this chapter.
(B) The public interest.
(C) The impact of the proposed satellite facility on live racing.
(D) The impact of the proposed satellite facility on the local
community.
(E) The potential for job creation.
(F) The quality of the physical facilities and the services to be
provided at the proposed satellite facility.
(G) Any other factors that the commission considers important
or relevant to its decision.
(5) The commission may not issue a license for a satellite facility
to be located in a county unless IC 4-31-4 has been satisfied.
(6) Not more than one (1) license may be issued to each permit
holder to operate a satellite facility located in a county having
a consolidated city. The maximum number of licenses that the
commission may issue for satellite facilities to be located in a
county having a consolidated city is two (2) licenses.
SOURCE: IC 4-31-5.5-6; (02)CR033302.11. -->
SECTION 11. IC 4-31-5.5-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 6. A permit holder or
group of permit holders that is authorized to operate satellite facilities
may accept and transmit pari-mutuel wagers on horse racing at those
facilities and may engage in all activities necessary to establish and
operate appropriate satellite wagering facilities, including the
following:
(1) Live simulcasts of horse racing conducted at the permit
holder's racetrack or at other racetracks. However, a satellite
facility operated by a permit holder may not simulcast races
conducted in other states on any day that is not a live racing day
(as defined in section 3 of this chapter) unless the satellite facility
also simulcasts all available races conducted in Indiana on that
day.
(2) Construction or leasing of satellite wagering facilities.
(3) Sale of food and beverages.
(4) Advertising and promotion.
(5) Sale of pari-mutuel pull tabs authorized under IC 4-31-7.5.
(6) All other related activities.
SOURCE: IC 4-31-7-1; (02)CR033302.12. -->
SECTION 12. IC 4-31-7-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 1. (a) A person holding
a permit to conduct a horse racing meeting or a license to operate a
satellite facility may provide a place in the racing meeting grounds or
enclosure or the satellite facility at which the person may conduct and
supervise the pari-mutuel system of wagering by patrons of legal age
on the horse races conducted or simulcast by the person. The person
may not permit or use:
(1) another place other than that provided and designated by the
person; or
(2) another method or system of betting or wagering. However,
a person holding a permit to conduct a horse racing meeting
may permit wagering on pari-mutuel pull tabs at the person's
racetrack or satellite facility as permitted by IC 4-31-7.5.
(b) Except as provided in section 7 of this chapter and IC 4-31-5.5,
the pari-mutuel system of wagering may not be conducted on any races
except the races at the racetrack, grounds, or enclosure for which the
person holds a permit.
SOURCE: IC 4-31-7-2; (02)CR033302.13. -->
SECTION 13. IC 4-31-7-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 2. (a) A person less
than
eighteen (18) twenty-one (21) years of age may not wager at a
horse racing meeting.
(b) A person less than
seventeen (17) eighteen (18) years of age
may not enter the grandstand, clubhouse, or similar areas of a racetrack
at which wagering is permitted unless accompanied by a person who
is at least twenty-one (21) years of age.
(c) A person less than eighteen (18) years of age may not enter a
satellite facility.
(d) A person less than twenty-one (21) years of age may not
enter the part of a satellite facility or racetrack in which
pari-mutuel pull tabs are sold and redeemed.
SOURCE: IC 4-31-7.5; (02)CR033302.14. -->
SECTION 14. IC 4-31-7.5 IS ADDED TO THE INDIANA CODE
AS A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]:
Chapter 7.5. Pari-Mutuel Pull Tabs
Sec. 1. (a) This chapter applies only to the sale of pari-mutuel
pull tabs by a person who holds a permit to conduct a pari-mutuel
horse racing meeting issued under IC 4-31-5.
(b) This chapter does not apply to the sale of pull tabs by a
qualified organization (as defined in IC 4-32-6-20) under IC 4-32.
Sec. 2. A pari-mutuel pull tab game must be conducted in the
following manner:
(1) Each set of tickets must have a predetermined:
(A) total purchase price; and
(B) amount of prizes.
(2) Randomly ordered pari-mutuel pull tab tickets may be
distributed from an approved location or from a distribution
device to:
(A) the permit holder at the permit holder's racetrack or
satellite facility, or both; or
(B) a terminal or device of the permit holder at the permit
holder's racetrack or satellite facility, or both.
(3) A pari-mutuel pull tab ticket must be presented to a player
in the form of a paper ticket or display on a terminal or
device.
(4) Game results must be initially covered or otherwise
concealed from view on the pari-mutuel pull tab ticket,
terminal, or device so that the number, letter, symbol, or set
of numbers, letters, or symbols cannot be seen until the
concealing medium is removed.
(5) A winner is identified after the display of the game results
when a player removes the concealing medium of the
pari-mutuel pull tab ticket or display on a terminal or device.
(6) A winner shall receive the prize or prizes posted or
displayed for the game from the permit holder.
Sec. 3. A person less than twenty-one (21) years of age may not
purchase a pari-mutuel pull tab ticket.
Sec. 4. The sale price of a pari-mutuel pull tab ticket may not
exceed ten dollars ($10).
Sec. 5. (a) The sale, purchase, and redemption of pari-mutuel
pull tab tickets are limited to the following locations:
(1) A live pari-mutuel horse racing facility operated by a
permit holder under a recognized meeting permit first issued
before January 1, 2002.
(2) A satellite facility that is located in a county having a
consolidated city and that is operated by a permit holder
described in subdivision (1).
(b) A permit holder may not install more than seven hundred
fifty (750) pull tab terminals or devices on the premises of the
permit holder's live pari-mutuel horse racing facility or satellite
facility located in a county containing a consolidated city.
Sec. 6. The number and size of the prizes in a pari-mutuel pull
tab game must be finite but may not be limited.
Sec. 7. A list of prizes for winning pari-mutuel pull tab tickets
must be posted or displayed at a location where the tickets are sold.
Sec. 8. A permit holder may close a pari-mutuel pull tab game
at any time.
Sec. 9. A terminal or device selling pari-mutuel pull tab tickets
may be operated by a player without the assistance of the permit
holder for the sale and redemption of pari-mutuel pull tab tickets.
Sec. 10. A terminal or device selling pari-mutuel pull tab tickets
may not dispense coins or currency as prizes for winning tickets.
Prizes awarded by a terminal or device must be in the form of
credits for additional play or certificates redeemable for cash or
prizes.
Sec. 11. (a) A tax is imposed on the adjusted gross receipts
received from the sale of pari-mutuel pull tabs authorized under
this article at the rate of thirty percent (30%) of the amount of the
adjusted gross receipts.
(b) The permit holder shall remit the tax imposed by this section
to the department before the close of the business day following the
day the pari-mutuel pull tabs are sold.
(c) The department may require payment under this section to
be made by electronic funds transfer (as defined in IC 4-8.1-2-7(f)).
(d) If the department requires taxes to be remitted under this
chapter through electronic funds transfer, the department may
allow the permit holder to file a monthly report to reconcile the
amounts remitted to the department.
(e) The department may allow taxes remitted under this section
to be reported on the same form used for taxes paid under
IC 4-31-9.
Sec. 12. (a) The state pull tab wagering fund is established.
Money in the fund does not revert to the state general fund at the
end of the state fiscal year.
(b) The department shall deposit tax revenue collected under
section 11 of this chapter in the state pull tab wagering fund.
(c) Each month, the treasurer of state shall distribute the pull
tab wagering tax revenue deposited in the state pull tab wagering
fund under this section as follows:
(1) Twenty-five percent (25%) of the pull tab wagering tax
revenue remitted by a permit holder shall be paid:
(A) to the city in which the racetrack from which the tax
revenue was collected is located, in the case of a racetrack
that is located in an incorporated area;
(B) to the county in which the racetrack from which the tax
revenue was collected is located, in the case of a racetrack
that is not located in an incorporated area; or
(C) as follows, with respect to tax revenue that is collected
from a satellite facility located in a county containing a
consolidated city:
(i) Fifty percent (50%) to the consolidated city.
(ii) Twenty-five percent (25%) to the housing trust fund
established under IC 36-7-15.1-35.5(e).
(iii) Fifteen percent (15%) to the county for the purposes
of economic development.
(iv) Ten percent (10%) to the township in which the
satellite facility is located.
(2) Seventy-five percent (75%) of the pull tab wagering tax
revenue remitted by a permit holder shall be paid to the state
general fund.
Sec. 13. (a) A tax is imposed on admissions to that part of a
satellite facility or racetrack in which pari-mutuel pull tabs are
sold, redeemed, or purchased under this chapter at a rate of two
dollars ($2) for each person admitted pull tab wagering area of the
satellite facility or racetrack.
(b) A permit holder must pay the admissions taxes collected to
the department. The licensed owner must make the tax payments
each day for the preceding day's admissions.
(c) The payment of the tax under this section must be on a form
prescribed by the department.
(d) The department may require payment under this section to
be made by electronic funds transfer (as defined in IC 4-8.1-2-7(e)).
(e) If the department requires taxes to be paid under this section
through electronic funds transfer, the department may allow the
licensed owner to file a monthly report to reconcile the amount of
taxes paid to the department.
(f) The department shall deposit tax revenue collected under this
section in the state pull tab wagering fund.
Sec. 14. (a) Except as provided in subsection (b), the treasurer
of state shall distribute the pull tab admissions tax revenue
deposited in the state pull tab wagering fund under section 13 of
this chapter as follows:
(1) One dollar ($1) of the admissions tax collected for each
person admitted to the pari-mutuel pull tab wagering area of
the permit holder's racetrack shall be paid to the general fund
of the county in which the racetrack is located.
(2) One dollar ($1) of the admissions tax collected for each
person admitted to the pari-mutuel pull tab wagering area of
the permit holder's racetrack shall be paid to the school
corporations located in the county to be used for capital
projects. The admissions taxes distributed under this
subdivision must be divided among the school corporations on
a pro rata basis according to each school corporation's ADM
(as defined in IC 21-3-1.6-1.1).
(b) With respect to the admissions taxes collected from a
satellite facility located in a county containing a consolidated city,
two dollars ($2) of the admissions tax collected for each person
admitted to the pari-mutuel pull tab wagering area of the satellite
facility shall be paid to the school corporations located in the
county to be used for capital projects. The admissions taxes
distributed under this subsection must be divided among the school
corporations on a pro rata basis according to each school
corporation's ADM (as defined in IC 21-3-1.6-1.1).
Sec. 15. (a) The Indiana gaming commission shall adopt rules
under IC 4-22-2, including emergency rules under IC 4-22-2-37.1,
to implement this chapter, including rules that prescribe:
(1) an approval process for pari-mutuel pull tab games that
requires periodic testing of the games and equipment by an
independent entity under the oversight of the gaming
commission to ensure the integrity of the games to the public;
(2) a system of internal audit controls;
(3) a method of payment for pari-mutuel pull tab prizes that
allows a player to transfer credits from one (1) terminal or
device to another;
(4) a method of payment for pari-mutuel pull tab prizes that
allows a player to redeem a winning ticket for additional play
tickets or credit to permit purchase of additional play tickets;
and
(5) any other procedure or requirement necessary for the
efficient and economical operation of the pari-mutuel pull tab
games and the convenience of the public.
(b) The Indiana gaming commission may enter into a contract
with the Indiana horse racing commission for the provision of
services necessary to administer pari-mutuel pull tab games.
Sec. 16. The Indiana gaming commission may assess an
administrative fee to a permit holder offering pari-mutuel pull tab
games in an amount that allows the gaming commission to recover
all the gaming commission's costs of administering the pari-mutuel
pull tab games.
Sec. 17. The Indiana gaming commission may not permit the
sale of pari-mutuel pull tab tickets in a county where a riverboat
is docked.
Sec. 18. All shipments of gambling devices, including
pari-mutuel pull tab machines, to permit holders in Indiana, the
registering, recording, and labeling of which have been completed
by the manufacturer or dealer in accordance with 15 U.S.C. 1171
through 15 U.S.C. 1178, are legal shipments of gambling devices
into Indiana.
Sec. 19. Under 15 U.S.C. 1172, approved January 2, 1951, the
state of Indiana, acting by and through elected and qualified
members of the legislature, declares and proclaims that the state
is exempt from 15 U.S.C. 1172.
Sec. 20. The sale, purchase, and redemption of pari-mutuel pull
tab tickets under this chapter shall be regulated and administered
by the Indiana gaming commission.
SOURCE: IC 4-31-9-1; (02)CR033302.15. -->
SECTION 15. IC 4-31-9-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 1. A person that holds
a permit to conduct a horse racing meeting or a license to operate a
satellite facility shall withhold:
(1) eighteen percent (18%) of the total of money wagered on each
day at the racetrack or satellite facility (including money wagered
on exotic wagering pools, but excluding money wagered on
pari-mutuel pull tabs under IC 4-31-7.5); plus
(2) an additional three and one-half percent (3.5%) of the total of
all money wagered on exotic wagering pools on each day at the
racetrack or satellite facility.
SOURCE: IC 4-31-14; (02)CR033302.16. -->
SECTION 16. IC 4-31-14 IS ADDED TO THE INDIANA CODE
AS A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]:
Chapter 14. Minority and Women's Business Participation
Sec. 1. This chapter applies to a person holding a permit to
operate a racetrack under IC 4-31-5 at which pari-mutuel pull tab
tickets are sold or a license to operate a satellite facility under
IC 4-31-5.5 at which pari-mutuel pull tab tickets are sold.
Sec. 2. The general assembly declares that it is essential for
minority and women's business enterprises to have the opportunity
for full participation in the pari-mutuel pull tab game industry if
minority and women's business enterprises are to obtain social and
economic parity and if the economies of the cities, towns, and
counties in which pari-mutuel pull tab games are operated are to
be stimulated as contemplated by this article.
Sec. 3. As used in this chapter, "minority" means a person who
is one (1) of the following:
(1) Black.
(2) Hispanic.
(3) Asian American.
(4) Native American or Alaskan native.
Sec. 4. As used in this chapter, "minority business enterprise"
means a business that is one (1) of the following:
(1) A sole proprietorship owned and controlled by a minority.
(2) A partnership or joint venture owned and controlled by
minorities:
(A) in which at least fifty-one percent (51%) of the
ownership interest is held by at least one (1) minority; and
(B) the management and daily business operations of
which are controlled by at least one (1) of the minorities
who own the business.
(3) A corporation or other entity:
(A) whose management and daily business operations are
controlled by at least one (1) of the minorities who own the
business; and
(B) that is at least fifty-one percent (51%) owned by at
least one (1) minority or, if stock is issued, at least fifty-one
percent (51%) of the stock is owned by at least one (1)
minority.
Sec. 5. As used in this chapter, "women's business enterprise"
means a business that is one (1) of the following:
(1) A sole proprietorship owned and controlled by a woman.
(2) A partnership or joint venture owned and controlled by
women in which:
(A) at least fifty-one percent (51%) of the ownership is
held by women; and
(B) the management and daily business operations are
controlled by at least one (1) of the women who own the
business.
(3) A corporation or other entity:
(A) whose management and daily business operations are
controlled by at least one (1) of the women who own the
business; and
(B) that is at least fifty-one percent (51%) owned by
women or, if stock is issued, at least fifty-one percent
(51%) of the stock is owned by at least one (1) of the
women.
Sec. 6. (a) As used in this section, "goods and services" does not
include the following:
(1) Utilities and taxes.
(2) Financing costs, mortgages, loans, or other debt.
(3) Medical insurance.
(4) Fees and payments to a parent or an affiliated company of
the permit holder or satellite facility operator, other than fees
and payments for goods and services supplied by nonaffiliated
persons through an affiliated company for the use or benefit
of the permit holder or satellite facility operator.
(5) Rents paid for real property or payment constituting the
price of an interest in real property as a result of a real estate
transaction.
(b) Notwithstanding any law or rule to the contrary, a permit
holder operating a horse racetrack or a satellite facility shall
establish goals of expending at least the following:
(1) The greater of:
(A) ten percent (10%) of the dollar value of the permit
holder or satellite facility operator's contracts for goods
and services with minority business enterprises; or
(B) the percentage of the dollar value of the permit holder
or satellite facility operator's contracts for goods and
services with minority business enterprises that represents
the percentage of minorities who reside in the county in
which the racetrack or satellite facility is located.
(2) Five percent (5%) of the dollar value of the permit holder
or satellite facility operator's contracts for goods and services
with women's business enterprises.
A permit holder or satellite facility operator shall submit quarterly
reports to the commission that outline the total dollar value of
contracts awarded for goods and services and the percentage
awarded to minority and women's business enterprises.
(c) A permit holder or satellite facility operator shall make a
good faith effort to meet the requirements of this section and shall
quarterly, unless otherwise directed by the commission,
demonstrate to the commission at a public meeting that an effort
was made to meet the requirements.
(d) A permit holder or satellite facility operator may fulfill not
more than seventy percent (70%) of an obligation under this
chapter by requiring a vendor to set aside a part of a contract for
minority or women's business enterprises. Upon request, the
permit holder or satellite facility operator shall provide the
commission with proof of the amount set aside.
Sec. 7. If the commission determines that the provisions of this
chapter relating to expenditures and assignments to minority and
women's business enterprises have not been met by a permit holder
or satellite facility operator, the commission may suspend, limit, or
revoke the person's satellite facility license or recognized meeting
permit, impose a civil penalty, or impose appropriate conditions on
the license or permit to ensure that the goals for expenditures and
assignments to minority and women's business enterprises are met.
However, if a determination is made that a permit holder or
satellite facility operator has failed to demonstrate compliance with
this chapter, the person has ninety (90) days from the date of the
determination of noncompliance to comply.
Sec. 8. The commission shall deposit civil penalties imposed
under section 7 of this chapter in the women and minority business
assistance fund established by section 12 of this chapter.
Sec. 9. The commission shall establish and administer a unified
certification procedure for minority and women's business
enterprises that do business with permit holders and satellite
facility operators on contracts for goods and services or contracts
for business.
Sec. 10. The commission shall supply permit holders and
satellite facility operators with a list of the minority and women's
business enterprises the commission has certified under section 9
of this chapter. The commission shall review the list at least
annually to determine the minority and women's business
enterprises that should continue to be certified. The commission
shall establish a procedure for challenging the designation of a
certified minority or women's business enterprise. The procedure
must include proper notice and a hearing for all parties concerned.
Sec. 11. The commission shall adopt other rules necessary to
interpret and implement this chapter.
Sec. 12. (a) The women and minority business assistance fund is
established to assist women and minority business enterprises. The
fund shall be administered by the commission. The fund consists of
penalties imposed by the commission under section 7 of this
chapter.
(b) The expenses of administering the fund shall be paid from
money in the fund.
(c) The treasurer of state shall invest money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public money may be invested. Interest that
accrues from these investments shall be deposited in the fund.
(d) Money in the fund at the end of a state fiscal year does not
revert to the state general fund.
SOURCE: IC 4-33-1-1; (02)CR033302.17. -->
SECTION 17. IC 4-33-1-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 1. This article applies
only to the following:
(1) Counties contiguous to Lake Michigan.
(2) Counties contiguous to the Ohio River.
(3) Counties contiguous to Patoka Lake. A historic preservation
district that:
(A) is established under IC 36-7-11;
(B) is located in a county having a population of more than
nineteen thousand three hundred (19,300) but less than
twenty thousand (20,000); and
(C) consists solely of the real property owned by the
historic resort hotels located in:
(i) a town having a population of more than one
thousand five hundred (1,500) but less than two
thousand two hundred (2,200); and
(ii) a town having a population of less than one thousand
five hundred (1,500).
SOURCE: IC 4-33-2-5.6; (02)CR033302.18. -->
SECTION 18. IC 4-33-2-5.6 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2002]: Sec. 5.6. "Cruise" means to depart from the dock while
gambling is conducted.
SOURCE: IC 4-33-2-7; (02)CR033302.19. -->
SECTION 19. IC 4-33-2-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 7. "Dock" means the
location where an excursion a riverboat moors for the purpose of
embarking passengers for and disembarking passengers from a
gambling excursion. the riverboat.
SOURCE: IC 4-33-2-11.5; (02)CR033302.20. -->
SECTION 20. IC 4-33-2-11.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2002]: Sec. 11.5. "Historic resort hotel"
means a structure originally built as a hotel that contained at least
three hundred (300) sleeping rooms on or before January 1, 1930.
SOURCE: IC 4-33-2-13.5; (02)CR033302.21. -->
SECTION 21. IC 4-33-2-13.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2002]: Sec. 13.5. "Licensed operating agent"
means a person licensed under IC 4-33-6.5 to operate a riverboat
in a historic preservation district described in IC 4-33-1-1(3) on
behalf of the district's historic preservation commission.
SOURCE: IC 4-33-2-14.5; (02)CR033302.22. -->
SECTION 22. IC 4-33-2-14.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2002]: Sec. 14.5. "Operating agent's license"
means a license issued under IC 4-33-6.5 that allows a person to
operate a riverboat in a historic preservation district described in
IC 4-33-1-1(3) on behalf of the district's historic preservation
commission.
SOURCE: IC 4-33-2-15.5; (02)CR033302.23. -->
SECTION 23. IC 4-33-2-15.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2002]: Sec. 15.5. "Patron" means an
individual who:
(1) boards a riverboat; and
(2) is not entitled to receive a tax free pass.
SOURCE: IC 4-33-2-15.7; (02)CR033302.24. -->
SECTION 24. IC 4-33-2-15.7 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2002]: Sec. 15.7. "Permanently moored
vessel" means a floating vessel that is:
(1) incapable of self-propulsion; and
(2) out of navigation.
The term includes a barge.
SOURCE: IC 4-33-2-16; (02)CR033302.25. -->
SECTION 25. IC 4-33-2-16 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 16. "Person" means an
individual, a sole proprietorship, a partnership, an association, a
fiduciary, a corporation, a limited liability company, a historic
preservation district, or any other business entity.
SOURCE: IC 4-33-2-16.3; (02)CR033302.26. -->
SECTION 26. IC 4-33-2-16.3 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2002] Sec. 16.3. "Pari-mutuel pull tab" has
the meaning set forth in IC 4-31-2-11.5.
SOURCE: IC 4-33-2-16.5; (02)CR033302.27. -->
SECTION 27. IC 4-33-2-16.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2002]: Sec. 16.5. "Reporting period" means
a twenty-four (24) hour increment used by the department under
this article, commencing at 6 a.m. on one (1) day and concluding at
5:59 a.m. the following day.
SOURCE: IC 4-33-2-17; (02)CR033302.28. -->
SECTION 28. IC 4-33-2-17 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 17. "Riverboat" means
either of the following on which lawful gambling is authorized
under this article:
(1) A self-propelled excursion boat located in a county or historic
preservation district described in IC 4-33-1-1 on which lawful
gambling is authorized and licensed under this article. that
complies with IC 4-33-6-6.
(2) A permanently moored vessel authorized under
IC 4-33-6-10(b) that complies with IC 4-33-17.
SOURCE: IC 4-33-4-2; (02)CR033302.29. -->
SECTION 29. IC 4-33-4-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 2. The commission
shall adopt rules under IC 4-22-2 for the following purposes:
(1) Administering this article.
(2) Establishing the conditions under which riverboat gambling
in Indiana may be conducted.
(3) Providing for the prevention of practices detrimental to the
public interest and providing for the best interests of riverboat
gambling.
(4) With respect to riverboats that operate on Patoka Lake,
ensuring:
(A) the prevention of practices detrimental to the natural
environment and scenic beauty of Patoka Lake; and
(B) compliance by licensees and riverboat patrons with the
requirements of IC 14-26-2-5 and IC 14-28-1.
(5) (4) Establishing rules concerning inspection of riverboats and
the review of the permits or licenses necessary to operate a
riverboat.
(6) (5) Imposing penalties for noncriminal violations of this
article.
(6) Establishing ethical standards regulating the conduct of
members of a historic preservation commission established
under IC 36-7-11-4.5 with regard to the selection and
licensure of an operating agent to operate a riverboat in a
historic preservation district described in IC 4-33-1-1(3).
(7) Establishing the conditions under which the sale, purchase,
and redemption of pari-mutuel pull tabs may be conducted
under IC 4-31-7.5.
SOURCE: IC 4-33-4-3; (02)CR033302.30. -->
SECTION 30. IC 4-33-4-3, AS AMENDED BY P.L.14-2000,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 3. (a) The commission shall do the following:
(1) Adopt rules that the commission determines necessary to
protect or enhance the following:
(A) The credibility and integrity of gambling operations
authorized by this article.
(B) The regulatory process provided in this article.
(C) The natural environment and scenic beauty of Patoka
Lake.
(2) Conduct all hearings concerning civil violations of this article.
(3) Provide for the establishment and collection of license fees
and taxes imposed under this article.
(4) Deposit the license fees and taxes in the state gaming fund
established by IC 4-33-13.
(5) Levy and collect penalties for noncriminal violations of this
article.
(6) Deposit the penalties in the state gaming fund established by
IC 4-33-13.
(7) Be present through the commission's inspectors and agents
during the time gambling operations are conducted on a riverboat
to do the following:
(A) Certify the revenue received by a riverboat.
(B) Receive complaints from the public.
(C) Conduct other investigations into the conduct of the
gambling games and the maintenance of the equipment that
the commission considers necessary and proper.
(D) With respect to riverboats that operate on Patoka Lake,
ensure compliance with the following:
(i) IC 14-26-2-6.
(ii) IC 14-26-2-7.
(iii) IC 14-28-1.
(8) Adopt emergency rules under IC 4-22-2-37.1 if the
commission determines that:
(A) the need for a rule is so immediate and substantial that
rulemaking procedures under IC 4-22-2-13 through
IC 4-22-2-36 are inadequate to address the need; and
(B) an emergency rule is likely to address the need.
(b) The commission shall begin rulemaking procedures under
IC 4-22-2-13 through IC 4-22-2-36 to adopt an emergency rule adopted
under subsection (a)(8) not later than thirty (30) days after the adoption
of the emergency rule under subsection (a)(8).
SOURCE: IC 4-33-4-10; (02)CR033302.31. -->
SECTION 31. IC 4-33-4-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 10. If a riverboat
cruises, the commission shall authorize the route of a the riverboat and
the stops, if any, that the riverboat may make while on a cruise.
SOURCE: IC 4-33-4-13; (02)CR033302.32. -->
SECTION 32. IC 4-33-4-13 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 13. (a) This section
does not apply to a riverboat located in a county having a
population of more than nineteen thousand three hundred (19,300)
but less than twenty thousand (20,000).
(b) After consulting with the United States Army Corps of
Engineers, the commission may do the following:
(1) Determine the waterways that are navigable waterways for
purposes of this article.
(2) Determine the navigable waterways that are suitable for the
operation of riverboats under this article.
(b) (c) In determining the navigable waterways on which riverboats
may operate, the commission shall do the following:
(1) Obtain any required approvals from the United States Army
Corps of Engineers for the operation of riverboats on those
waterways.
(2) Consider the economic benefit that riverboat gambling
provides to Indiana.
(3) Seek to ensure that all regions of Indiana share in the
economic benefits of riverboat gambling.
(4) Considering IC 14-26-2-6, IC 14-26-2-7, and IC 14-28-1,
conduct a feasibility study concerning:
(A) the environmental impact of the navigation and docking of
riverboats upon Patoka Lake; and
(B) the impact of the navigation and docking of riverboats
upon the scenic beauty of Patoka Lake.
SOURCE: IC 4-33-4-15; (02)CR033302.33. -->
SECTION 33. IC 4-33-4-15 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 15. The commission
shall annually do the following:
(1) Review the patterns of wagering and wins and losses by
persons on riverboat gambling operations under this article.
(2) Make recommendations to the governor and the general
assembly concerning whether limits on wagering losses should be
imposed.
(3) Examine the impact on the natural environment and scenic
beauty of Patoka Lake made by the navigation and docking of
riverboats.
SOURCE: IC 4-33-4-21.2; (02)CR033302.34. -->
SECTION 34. IC 4-33-4-21.2, AS AMENDED BY P.L.215-2001,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 21.2. (a) The Indiana gaming commission shall
require a licensed owner to conspicuously display the number of the
toll free telephone line described in IC 4-33-12-6 in the following
locations:
(1) On each admission ticket to a riverboat gambling excursion.
if tickets are issued.
(2) On a poster or placard that is on display in a public area of
each riverboat where gambling games are conducted.
(b) The toll free telephone line described in IC 4-33-12-6 must be:
(1) maintained by the division of mental health and addiction
under IC 12-23-1-6; and
(2) funded by the addiction services fund established by
IC 12-23-2-2.
(c) The commission may adopt rules under IC 4-22-2 necessary to
carry out this section.
SOURCE: IC 4-33-6-1; (02)CR033302.35. -->
SECTION 35. IC 4-33-6-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 1. (a) The commission
may issue to a person a license to own
one (1) a riverboat subject to the
numerical and geographical limitation of owner's licenses under this
section,
section 3.5 of this chapter, and IC 4-33-4-17. However, not
more than eleven (11) owner's licenses may be in effect at any time.
Except as provided in subsection (b), those eleven (11) licenses are as
follows:
(1) Two (2) licenses for a riverboat that operates from the largest
city located in the counties described under IC 4-33-1-1(1).
(2) One (1) license for a riverboat that operates from the second
largest city located in the counties described under
IC 4-33-1-1(1).
(3) One (1) license for a riverboat that operates from the third
largest city located in the counties described under
IC 4-33-1-1(1).
(4) One (1) license for a city located in the counties described
under IC 4-33-1-1(1). This license may not be issued to a city
described in subdivisions (1) through (3).
(5) A total of five (5) licenses for riverboats that operate upon the
Ohio River from counties described under IC 4-33-1-1(2). The
commission may not issue a license to an applicant if the issuance
of the license would result in more than one (1) riverboat
operating from a county described in IC 4-33-1-1(2).
(6) One (1) license for a riverboat that operates upon Patoka Lake
from a county in a historic preservation district described under
IC 4-33-1-1(3).
(b) If a city described in subsection (a)(2) or (a)(3) conducts two (2)
elections under section 20 of this chapter, and the voters of the city do
not vote in favor of permitting riverboat gambling at either of those
elections, the license assigned to that city under subsection (a)(2) or
(a)(3) may be issued to any city that:
(1) does not already have a riverboat operating from the city; and
(2) is located in a county described in IC 4-33-1-1(1).
SOURCE: IC 4-33-6-2; (02)CR033302.36. -->
SECTION 36. IC 4-33-6-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 2. (a) A person
applying for an owner's license under this chapter must pay a
nonrefundable application fee to the commission. The commission
shall determine the amount of the application fee. However, the
historic preservation district described in IC 4-33-1-1(3) or a
member of the district's historic preservation commission is not
required to pay the fee charged under this subsection.
(b) An applicant must submit the following on forms provided by
the commission:
(1) If the applicant is an individual, two (2) sets of the individual's
fingerprints.
(2) If the applicant is not an individual, two (2) sets of fingerprints
for each officer and director of the applicant.
(c) The commission shall review the applications for an owner's
license under this chapter and shall inform each applicant of the
commission's decision concerning the issuance of the owner's license.
(d) The costs of investigating an applicant for an owner's license
under this chapter shall be paid from the application fee paid by the
applicant.
(e) An applicant for an owner's license under this chapter must pay
all additional costs that are:
(1) associated with the investigation of the applicant; and
(2) greater than the amount of the application fee paid by the
applicant.
(f) The commission shall recoup all of the costs associated with
investigating or reinvestigating an applicant that is a member of a
historic preservation commission described in subsection (a) by
imposing a special investigation fee upon the historic preservation
commission's licensed operating agent.
SOURCE: IC 4-33-6-3; (02)CR033302.37. -->
SECTION 37. IC 4-33-6-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 3. The commission may
not issue an owner's license under this chapter to a person if:
(1) the person has been convicted of a felony under Indiana law,
the laws of any other state, or laws of the United States;
(2) the person has knowingly or intentionally submitted an
application for a license under this chapter that contains false
information;
(3) the person is a member of the commission;
(4) the person is an officer, a director, or a managerial employee
of a person described in subdivision (1) or (2);
(5) the person employs an individual who:
(A) is described in subdivision (1), (2), or (3); and
(B) participates in the management or operation of gambling
operations authorized under this article;
(6) the person owns an ownership interest of more than
ten
percent (10%) in more than one (1) other person holding an
owner's license issued under the total amount of ownership
interest permitted under section 3.5 of this chapter; or
(7) a license issued to the person:
(A) under this article; or
(B) to own or operate gambling facilities in another
jurisdiction;
has been revoked.
SOURCE: IC 4-33-6-3.5; (02)CR033302.38. -->
SECTION 38. IC 4-33-6-3.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2002]: Sec. 3.5. (a) For purposes of this section, a person is
considered to have an ownership interest in a riverboat owner's
license if the interest is owned directly or indirectly by the person
or by an entity controlled by the person.
(b) A person may have up to a one hundred percent (100%)
ownership interest in not more than two (2) riverboat licenses
issued under this chapter.
(c) A person may not have an ownership interest in more than
two (2) riverboat owner's licenses issued under this chapter.
(d) This section may not be construed to increase the maximum
number of licenses permitted under section 1 of this chapter or the
number of riverboats that may be owned and operated under a
license under section 10 of this chapter.
SOURCE: IC 4-33-6-5; (02)CR033302.39. -->
SECTION 39. IC 4-33-6-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 5. (a) This section
does not apply to a riverboat located in a historic preservation
district described in IC 4-33-1-1(3).
(b) In an application for an owner's license, the applicant must state
the dock at which the riverboat is based and the navigable waterway on
which the riverboat will operate.
SOURCE: IC 4-33-6-6; (02)CR033302.40. -->
SECTION 40. IC 4-33-6-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 6. (a) A riverboat that
operates in a county described in IC 4-33-1-1(1) or IC 4-33-1-1(2)
must:
(1) have a valid certificate of inspection from the United States
Coast Guard for the carrying of at least five hundred (500)
passengers; and
(2) be at least one hundred fifty (150) feet in length.
(b) A riverboat that operates on Patoka Lake in a county described
under IC 4-33-1-1(3) must:
(1) have the capacity to carry at least five hundred (500)
passengers;
(2) be at least one hundred fifty (150) feet in length; and
(3) meet safety standards required by the commission.
(c) This subsection applies only to a riverboat that operates on the
Ohio River. A riverboat must replicate, as nearly as possible, historic
Indiana steamboat passenger vessels of the nineteenth century.
However, steam propulsion or overnight lodging facilities are not
required under this subsection.
SOURCE: IC 4-33-6-8; (02)CR033302.41. -->
SECTION 41. IC 4-33-6-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 8. If the commission
determines that a person is eligible under this chapter for an owner's
license, the commission may issue an owner's license to the person if:
(1) the person pays an initial license fee of twenty-five thousand
dollars ($25,000); and
(2) the person posts a bond as required in section 9 of this
chapter.
However, the historic preservation district described in
IC 4-33-1-1(3) or a member of the district's historic preservation
commission is not required to pay the fee charged under this
section.
SOURCE: IC 4-33-6-9; (02)CR033302.42. -->
SECTION 42. IC 4-33-6-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 9. (a)
Except as
provided in subsection (l), a licensed owner must post a bond with the
commission at least sixty (60) days before the commencement of
regular gambling on the riverboat.
excursions.
(b) The bond shall be furnished in:
(1) cash or negotiable securities;
(2) a surety bond:
(A) with a surety company approved by the commission; and
(B) guaranteed by a satisfactory guarantor; or
(3) an irrevocable letter of credit issued by a banking institution
of Indiana acceptable to the commission.
(c) If a bond is furnished in cash or negotiable securities, the
principal shall be placed without restriction at the disposal of the
commission, but income inures to the benefit of the licensee.
(d) The bond:
(1) is subject to the approval of the commission;
(2) must be in an amount that the commission determines will
adequately reflect the amount that a local community will expend
for infrastructure and other facilities associated with a riverboat
operation; and
(3) must be payable to the commission as obligee for use in
payment of the licensed owner's financial obligations to the local
community, the state, and other aggrieved parties, as determined
by the rules of the commission.
(e) If after a hearing (after at least five (5) days written notice) the
commission determines that the amount of a licensed owner's bond is
insufficient, the licensed owner shall upon written demand of the
commission file a new bond.
(f) The commission may require a licensed owner to file a new bond
with a satisfactory surety in the same form and amount if:
(1) liability on the old bond is discharged or reduced by judgment
rendered, payment made, or otherwise; or
(2) in the opinion of the commission any surety on the old bond
becomes unsatisfactory.
(g) If a new bond obtained under subsection (e) or (f) is
unsatisfactory, the commission shall cancel the owner's license. If the
new bond is satisfactorily furnished, the commission shall release in
writing the surety on the old bond from any liability accruing after the
effective date of the new bond.
(h) A bond is released on the condition that the licensed owner
remains at the site for which the owner's license is granted for the
lesser of:
(1) five (5) years; or
(2) the date the commission grants a license to another licensed
owner to operate from the site for which the bond was posted.
(i) A licensed owner who does not meet the requirements of
subsection (h) forfeits a bond filed under this section. The proceeds of
a bond that is in default under this subsection are paid to the
commission for the benefit of the local unit from which the riverboat
operated.
(j) The total and aggregate liability of the surety on a bond is limited
to the amount specified in the bond and the continuous nature of the
bond may in no event be construed as allowing the liability of the
surety under a bond to accumulate for each successive approval period
during which the bond is in force.
(k) A bond filed under this section is released sixty (60) days after:
(1) the time has run under subsection (h); and
(2) a written request is submitted by the licensed owner.
(l) The historic preservation district described in IC 4-33-1-1(3)
or a member of the district's historic preservation commission is
not required to post the bond required under this section.
SOURCE: IC 4-33-6-10; (02)CR033302.43. -->
SECTION 43. IC 4-33-6-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 10. (a) An owner's
license issued under this chapter permits the holder to own and operate
one (1) riverboat and equipment for each license.
(b) An owner's license issued under this chapter permits the
holder to:
(1) conduct gambling games authorized under this article
while the riverboat is cruising or docked;
(2) allow the continuous ingress and egress of passengers for
purposes of gambling; and
(3) conduct gambling games on a permanently moored vessel
if a federally recognized Native American Indian tribe has
applied to the United States Bureau of Indian Affairs to have
land in a contiguous state taken into trust for a land based
casino that is within thirty (30) miles of the riverboat.
(c) An owner's license issued under this chapter must specify the
place where the riverboat must operate and dock. However, the
commission may permit the riverboat to dock at a temporary dock in
the applicable city for a specific period of time not to exceed one (1)
year after the owner's license is issued.
(c) (d) An owner's initial license expires five (5) years after the
effective date of the license.
SOURCE: IC 4-33-6-11; (02)CR033302.44. -->
SECTION 44. IC 4-33-6-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 11. The commission
may revoke an owner's license if:
(1) the licensee begins regular riverboat excursions operations
more than twelve (12) months after receiving the commission's
approval of the application for the license; and
(2) the commission determines that the revocation of the license
is in the best interests of Indiana.
SOURCE: IC 4-33-6-12; (02)CR033302.45. -->
SECTION 45. IC 4-33-6-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 12. (a) Unless the
owner's license is terminated, expires, or is revoked, the owner's license
may be renewed annually upon:
(1) the payment of a five thousand dollar ($5,000) annual renewal
fee; and
(2) a determination by the commission that the licensee satisfies
the conditions of this article.
However, the historic preservation district described in
IC 4-33-1-1(3) or a member of the district's historic preservation
commission is not required to pay the fee charged under this
section.
(b) A licensed owner shall undergo a complete investigation every
three (3) years to determine that the licensed owner remains in
compliance with this article.
(c) Notwithstanding subsection (b), the commission may investigate
a licensed owner at any time the commission determines it is necessary
to ensure that the licensee remains in compliance with this article.
(d) The licensed owner shall bear the cost of an investigation or
reinvestigation of the licensed owner and any investigation resulting
from a potential transfer of ownership.
(e) The commission shall recoup all of the costs associated with
investigating or reinvestigating a member of a historic
preservation commission described in subsection (a) by imposing
a special investigation fee upon the historic preservation
commission's licensed operating agent.
SOURCE: IC 4-33-6-19; (02)CR033302.46. -->
SECTION 46. IC 4-33-6-19 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 19. (a) This section
applies to:
(1) a county contiguous to the Ohio River;
(2) a county contiguous to Patoka Lake; and
(3) (2) a county contiguous to Lake Michigan that has a
population of less than four hundred thousand (400,000).
(b) Notwithstanding any other provision of this article, the
commission may not issue a license under this article to allow a
riverboat to operate in the county unless the voters of the county have
approved the conducting of gambling games on riverboats in the
county.
(c) If the docking of a riverboat in the county is approved by an
ordinance adopted under section 18 of this chapter, or if at least the
number of the registered voters of the county required under IC 3-8-6-3
for a petition to place a candidate on the ballot sign a petition submitted
to the circuit court clerk requesting that a local public question
concerning riverboat gaming be placed on the ballot, the county
election board shall place the following question on the ballot in the
county during the next general election:
"Shall licenses be issued to permit riverboat gambling in ____
County?".
(d) A public question under this section shall be placed on the ballot
in accordance with IC 3-10-9 and must be certified in accordance with
IC 3-10-9-3.
(e) The clerk of the circuit court of a county holding an election
under this chapter shall certify the results determined under
IC 3-12-4-9 to the commission and the department of state revenue.
(f) If a public question under this section is placed on the ballot in
a county and the voters of the county do not vote in favor of permitting
riverboat gambling under this article, a second public question under
this section may not be held in that county for at least two (2) years. If
the voters of the county vote to reject riverboat gambling a second time,
a third or subsequent public question under this section may not be
held in that county until the general election held during the tenth year
following the year that the previous public question was placed on the
ballot.
SOURCE: IC 4-33-6-19.5; (02)CR033302.47. -->
SECTION 47. IC 4-33-6-19.5 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]:
Sec. 19.5. (a) This section applies
to a county having a population of more than nineteen thousand
three hundred (19,300) but less than twenty thousand (20,000).
(b) The commission may issue only one (1) license under this
article to allow a riverboat to operate in the county within a
historic preservation district established under IC 36-7-11.
(c) The commission may not issue a license under this article to
allow a riverboat to operate in the county unless the voters of:
(1) a town having a population of more than one thousand five
hundred (1,500) but less than two thousand two hundred
(2,200) located in the county; and
(2) a town having a population of less than one thousand five
hundred (1,500) located in the county;
have approved gambling on riverboats in the county.
(d) If at least the number of registered voters of the town
required under IC 3-8-6-3 for a petition to place a candidate on the
ballot sign a petition submitted to the clerk of the circuit court
requesting that a local public question concerning riverboat
gambling be placed on the ballot, the county election board shall
place the following question on the ballot in the town described in
subsection (c) during the next primary or general election or a
special election held under this section:
"Shall a license be issued to allow riverboat gambling in the
town of _______?".
(e) A public question under this section shall be placed on the
ballot in accordance with IC 3-10-9.
(f) If a public question is placed on the ballot under this section
and the voters of the town do not vote in favor of allowing
riverboat gambling under IC 4-33, another public question
regarding riverboat gambling may not be held in the town for at
least two (2) years.
(g) In a special election held under this section:
(1) IC 3 applies, except as otherwise provided in this section;
and
(2) at least as many precinct polling places as were used in the
towns described in subsection (c) during the most recent
municipal election must be used for the special election.
(h) The clerk of the circuit court of a county holding an election
under this section shall certify the results determined under
IC 3-12-4-9 to the commission and the department of state revenue.
SOURCE: IC 4-33-6-21; (02)CR033302.48. -->
SECTION 48. IC 4-33-6-21 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2002]:
Sec. 21. (a) As used in this section, "electronic gaming
device" has the meaning set forth in 68 IAC 1-1-29.
(b) As used in this section, "live gaming device" has the meaning
set forth in 68 IAC 1-1-59.
(c) Except as provided in subsection (d) and IC 4-33-9-17, a
riverboat licensed under this article may not contain more than
three thousand two hundred (3,200) electronic gaming devices.
(d) The maximum permissible number of electronic gaming
devices imposed by subsection (c) does not apply to a riverboat that
contains a number of electronic gaming devices that exceeds two
thousand eight hundred eighty (2,880) on July 1, 2002. However,
a riverboat described in this subsection may not add more than
three hundred twenty (320) electronic gaming devices to the
number of electronic gaming devices contained on the riverboat on
July 1, 2002.
(e) This section does not limit the number of live gaming devices
that a riverboat may contain.
SOURCE: IC 4-33-6.5; (02)CR033302.49. -->
SECTION 49. IC 4-33-6.5 IS ADDED TO THE INDIANA CODE
AS A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]:
Chapter 6.5. Riverboat Operating Agent's License
Sec. 1. This chapter applies only to a riverboat operated under
a license described in IC 4-33-6-1(a)(6).
Sec. 2. (a) A person applying for an operating agent's license
under this chapter must pay a nonrefundable application fee to the
commission. The commission shall determine the amount of the
application fee.
(b) An applicant must submit the following on forms provided
by the commission:
(1) If the applicant is an individual, two (2) sets of the
individual's fingerprints.
(2) If the applicant is not an individual, two (2) sets of
fingerprints for each officer and director of the applicant.
(c) The commission shall review the applications for a license
under this chapter and shall inform each applicant of the
commission's decision concerning the issuance of the license.
(d) The costs of investigating an applicant for a license under
this chapter shall be paid from the application fee paid by the
applicant.
(e) An applicant for a license under this chapter must pay all
additional costs that are:
(1) associated with the investigation of the applicant; and
(2) greater than the amount of the application fee paid by the
applicant.
Sec. 3. The commission may not issue an operating agent's
license under this chapter to a person if:
(1) the person has been convicted of a felony under Indiana
law, the laws of any other state, or laws of the United States;
(2) the person has knowingly or intentionally submitted an
application for a license under this chapter that contains false
information;
(3) the person is a member of the commission;
(4) the person is an officer, a director, or a managerial
employee of a person described in subdivision (1) or (2);
(5) the person employs an individual who:
(A) is described in subdivision (1), (2), or (3); and
(B) participates in the management or operation of
gambling operations authorized under this article;
(6) the person owns an ownership interest of more than the
total amount of ownership interests permitted under
IC 4-33-6-3.5; or
(7) a license issued to the person:
(A) under this article; or
(B) to own or operate gambling facilities in another
jurisdiction;
has been revoked.
Sec. 4. In determining whether to grant an operating agent's
license to an applicant, the commission shall consider the
following:
(1) The character, reputation, experience, and financial
integrity of the following:
(A) The applicant.
(B) A person that:
(i) directly or indirectly controls the applicant; or
(ii) is directly or indirectly controlled by the applicant or
by a person that directly or indirectly controls the
applicant.
(2) The facilities or proposed facilities for the conduct of
riverboat gambling in a historic preservation district
described in IC 4-33-1-1(3).
(3) The highest prospective total revenue to be collected by the
state from the conduct of riverboat gambling.
(4) The good faith affirmative action plan of each applicant to
recruit, train, and upgrade minorities in all employment
classifications.
(5) The financial ability of the applicant to purchase and
maintain adequate liability and casualty insurance.
(6) If the applicant has adequate capitalization to operate a
riverboat for the duration of the license.
(7) The extent to which the applicant exceeds or meets other
standards adopted by the commission.
Sec. 5. If the commission determines that a person is eligible
under this chapter for an operating agent's license, the commission
may issue an operating agent's license to the person if:
(1) the person pays an initial license fee of twenty-five
thousand dollars ($25,000); and
(2) the person posts a bond as required in section 6 of this
chapter.
Sec. 6. (a) A licensed operating agent must post a bond with the
commission at least sixty (60) days before the commencement of
regular riverboat operations in the historic preservation district
described in IC 4-33-1-1(3).
(b) The bond shall be furnished in:
(1) cash or negotiable securities;
(2) a surety bond:
(A) with a surety company approved by the commission;
and
(B) guaranteed by a satisfactory guarantor; or
(3) an irrevocable letter of credit issued by a banking
institution of Indiana acceptable to the commission.
(c) If a bond is furnished in cash or negotiable securities, the
principal shall be placed without restriction at the disposal of the
commission, but income inures to the benefit of the licensee.
(d) The bond:
(1) is subject to the approval of the commission; and
(2) must be payable to the commission as obligee for use in
payment of the riverboat's financial obligations to the local
community, the state, and other aggrieved parties, as
determined by the rules of the commission.
(e) If after a hearing (after at least five (5) days written notice)
the commission determines that the amount of a licensed operating
agent's bond is insufficient, the operating agent shall, upon written
demand of the commission, file a new bond.
(f) The commission may require a licensed operating agent to
file a new bond with a satisfactory surety in the same form and
amount if:
(1) liability on the old bond is discharged or reduced by
judgment rendered, payment made, or otherwise; or
(2) in the opinion of the commission any surety on the old
bond becomes unsatisfactory.
(g) If a new bond obtained under subsection (e) or (f) is
unsatisfactory, the commission shall cancel the operating agent's
license. If the new bond is satisfactorily furnished, the commission
shall release in writing the surety on the old bond from any liability
accruing after the effective date of the new bond.
(h) A bond is released on the condition that the licensed
operating agent remains at the site of the riverboat operating
within a historic preservation district:
(1) for five (5) years; or
(2) until the date the commission grants a license to another
operating agent to operate from the site for which the bond
was posted;
whichever occurs first.
(i) An operating agent who does not meet the requirements of
subsection (h) forfeits a bond filed under this section. The proceeds
of a bond that is in default under this subsection are paid to the
commission for the benefit of the local unit from which the
riverboat operated.
(j) The total liability of the surety on a bond is limited to the
amount specified in the bond and the continuous nature of the
bond may not be construed as allowing the liability of the surety
under a bond to accumulate for each successive approval period
during which the bond is in force.
(k) A bond filed under this section is released sixty (60) days
after:
(1) the time has run under subsection (h); and
(2) a written request is submitted by the operating agent.
Sec. 7. (a) Unless the operating agent's license is terminated,
expires, or is revoked, the operating agent's license may be
renewed annually upon:
(1) the payment of a five thousand dollar ($5,000) annual
renewal fee; and
(2) a determination by the commission that the licensee
satisfies the conditions of this article.
(b) An operating agent shall undergo a complete investigation
every three (3) years to determine that the operating agent remains
in compliance with this article.
(c) Notwithstanding subsection (b), the commission may
investigate an operating agent at any time the commission
determines it is necessary to ensure that the licensee remains in
compliance with this article.
(d) The operating agent shall bear the cost of an investigation or
reinvestigation of the operating agent.
Sec. 8. A license issued under this chapter permits the holder to
operate a the riverboat on behalf of the licensed owner of the
riverboat.
Sec. 9. An operating agent licensed under this chapter is
charged with all the duties imposed upon a licensed owner under
this article including the collection and remission of taxes under
IC 4-33-12 and IC 4-33-13.
SOURCE: IC 4-33-7.5; (02)CR033302.50. -->
SECTION 50. IC 4-33-7.5 IS ADDED TO THE INDIANA CODE
AS A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]:
Chapter 7.5. Pari-Mutuel Pull Tab Suppliers
Sec. 1. The commission may issue a supplier's license under this
chapter to a person if:
(1) the person has:
(A) applied for the supplier's license;
(B) paid a nonrefundable application fee set by the
commission;
(C) paid a five thousand dollar ($5,000) annual license fee;
and
(D) submitted on forms provided by the commission:
(i) if the applicant is an individual, two (2) sets of the
individual's fingerprints; and
(ii) if the applicant is not an individual, two (2) sets of
fingerprints for each officer and director of the
applicant; and
(2) the commission has determined that the applicant is
eligible for a supplier's license.
Sec. 2. (a) A person holding a supplier's license may sell, lease,
and contract to sell or lease pari-mutuel pull tab terminals and
devices to a permit holder authorized to sell and redeem
pari-mutuel pull tab tickets under IC 4-31-7.5.
(b) Pari-mutuel pull tab terminals and devices may not be
distributed unless the terminals and devices conform to standards
adopted by the commission.
Sec. 3. A person may not receive a supplier's license if:
(1) the person has been convicted of a felony under Indiana
law, the laws of any other state, or laws of the United States;
(2) the person has knowingly or intentionally submitted an
application for a license under this chapter that contains false
information;
(3) the person is a member of the commission;
(4) the person is an officer, a director, or a managerial
employee of a person described in subdivision (1) or (2);
(5) the person employs an individual who:
(A) is described in subdivision (1), (2), or (3); and
(B) participates in the management or operation of
gambling operations authorized under this article;
(6) the person owns more than a ten percent (10%) ownership
interest in any other person holding a permit issued under
IC 4-31; or
(7) a license issued to the person:
(A) under this article; or
(B) to supply gaming supplies in another jurisdiction;
has been revoked.
Sec. 4. A person may not furnish pari-mutuel pull tab terminals
or devices to a permit holder unless the person possesses a
supplier's license.
Sec. 5. (a) A supplier shall furnish to the commission a list of all
pari-mutuel pull tab terminals and devices offered for sale or lease
in connection with the sale of pari-mutuel pull tab tickets
authorized under IC 4-31-7.5.
(b) A supplier shall keep books and records for the furnishing
of pari-mutuel pull tab terminals and devices to permit holders
separate from books and records of any other business operated by
the supplier.
(c) A supplier shall file a quarterly return with the commission
listing all sales and leases.
(d) A supplier shall permanently affix the supplier's name to all
of the supplier's pari-mutuel pull tab terminals or devices provided
to permit holders under this chapter.
Sec. 6. A supplier's pari-mutuel pull tab terminals or devices
that are used by a person in an unauthorized gambling operation
shall be forfeited to the state.
Sec. 7. Pari-mutuel pull tab terminals and devices that are
provided by a supplier may be:
(1) repaired on the premises of a racetrack or satellite facility;
or
(2) removed for repair from the premises of a permit holder
to a facility owned the permit holder.
Sec. 8. (a) Unless a supplier's license is suspended, expires, or is
revoked, the supplier's license may be renewed annually upon:
(1) the payment of a five thousand dollar ($5,000) annual
renewal fee; and
(2) a determination by the commission that the licensee is in
compliance with this article.
(b) The holder of a supplier's license shall undergo a complete
investigation every three (3) years to determine that the licensee is
in compliance with this article.
(c) Notwithstanding subsection (b), the commission may
investigate the holder of a supplier's license at any time the
commission determines it is necessary to ensure that the licensee is
in compliance with this article.
(d) The holder of a supplier's license shall bear the cost of an
investigation or reinvestigation of the licensee and any
investigation resulting from a potential transfer of ownership.
SOURCE: IC 4-33-9-3; (02)CR033302.51. -->
SECTION 51. IC 4-33-9-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 3. (a) Except as
provided in subsection (b), a riverboat excursions cruise may not
exceed four (4) hours for a round trip.
(b) Subsection (a) does not apply to an extended cruise that is
expressly approved by the commission.
SOURCE: IC 4-33-9-14; (02)CR033302.52. -->
SECTION 52. IC 4-33-9-14 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 14. (a) This section
applies only to a riverboat that operates from a county that is
contiguous to the Ohio River.
(b) A gambling excursion cruise is permitted only when the
navigable waterway for which the riverboat is licensed is navigable, as
determined by the commission in consultation with the United States
Army Corps of Engineers.
SOURCE: IC 4-33-9-17; (02)CR033302.53. -->
SECTION 53. IC 4-33-9-17 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2002]: Sec. 17. (a) This section applies only to a riverboat located
in a historic preservation district described in IC 4-33-1-1(3).
(b) As used in this section, "electronic gaming device" has the
meaning set forth in 68 IAC 1-1-29.
(c) As used in this section, "live gaming device" has the meaning
set forth in 68-IAC 1-1-59.
(d) The licensed owner of a riverboat described in subsection (a)
may not install more than five hundred (500) electronic gaming
devices on board the riverboat.
(e) This section does not limit the number of live gaming devices
that the licensed owner may install on board a riverboat described
in subsection (a).
SOURCE: IC 4-33-10-5; (02)CR033302.54. -->
SECTION 54. IC 4-33-10-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 5. An action to
prosecute a crime occurring during a gambling excursion on a
riverboat shall be tried in the county of the dock where the riverboat
is based. located.
SOURCE: IC 4-33-12-1; (02)CR033302.55. -->
SECTION 55. IC 4-33-12-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 1.
(a) This section
does not apply to a licensed owner that conducts gambling games
on a permanently moored vessel.
(b) A tax is imposed on admissions to
gambling excursions a
riverboat authorized under this article at a rate of
either:
(1) three four dollars
($3) ($4) for each
person admitted to the
gambling excursion. patron who is on board at the time a
passenger count is recorded as provided in section 1.5 of this
chapter; or
(2) seven dollars ($7) per day for each patron who boards the
riverboat during a particular day.
(c) The licensed owner shall elect the rate and method that the
licensed owner wishes to use to collect the admissions tax imposed
under this section. The licensed owner shall notify the department
of the licensed owner's election.
(d) If the licensed owner elects to use the rate and method set
forth in subsection (b)(2), the admissions tax shall be imposed only
one (1) time per day per patron.
(e) This admission tax is imposed upon the licensed owner
conducting the gambling excursion. operation.
SOURCE: IC 4-33-12-1.3; (02)CR033302.56. -->
SECTION 56. IC 4-33-12-1.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2002]: Sec. 1.3. (a) This section applies only
to a licensed owner that conducts gambling games on a
permanently moored vessel.
(b) A tax is imposed on admissions to a riverboat authorized
under this article at a rate of either:
(1) five dollars ($5) for each patron who is on board at the
time a passenger count is recorded as provided in section 1.5
of this chapter; or
(2) eight dollars ($8) per day for each patron who boards the
riverboat during a particular day.
(c) The licensed owner shall elect the rate and method that the
licensed owner wishes to use to collect the admissions tax imposed
under this section. The licensed owner shall notify the department
of the licensed owner's election.
(d) If the licensed owner elects to use the rate and method set
forth in subsection (b)(2), the admissions tax shall be imposed only
one (1) time per day per patron.
(e) This admission tax is imposed upon the licensed owner
conducting the gambling operation.
SOURCE: IC 4-33-12-1.5; (02)CR033302.57. -->
SECTION 57. IC 4-33-12-1.5 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2002]:
Sec. 1.5. (a) This section applies only
to a licensed owner that elects to collect the admissions tax under
section 1(b)(1) or 1.3(b)(1) of this chapter.
(b) Passenger counts must be recorded one (1) hour after the
start of each reporting period and once every two (2) hours
thereafter under procedures approved by the commission.
(c) If the riverboat's schedule as approved by the commission
does not provide for the riverboat to be open to the public at the
start of the reporting period, passenger counts must be recorded
one (1) hour after the riverboat begins admitting patrons during a
reporting period and once every two (2) hours thereafter under
procedures approved by the commission.
SOURCE: IC 4-33-12-6; (02)CR033302.58. -->
SECTION 58. IC 4-33-12-6, AS AMENDED BY P.L.215-2001,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: 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) and IC 6-3.1-20-7, the
treasurer of state shall quarterly pay the following amounts:
(1)
Except as provided in subsection (i), 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)
Except as provided in subsection (i), 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)
Except as provided in subsection (i), 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 and
addiction. 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.
(6) Sixty-five cents ($0.65) of the admissions tax collected by the
licensed owner for each person embarking on a riverboat during
the quarter shall be paid to the Indiana horse racing commission
to be distributed as follows, in amounts determined by the Indiana
horse racing commission, for the promotion and operation of
horse racing in Indiana:
(A) To one (1) or more breed development funds established
by the Indiana horse racing commission under IC 4-31-11-10.
(B) To a racetrack that was approved by the Indiana horse
racing commission under IC 4-31. The commission may make
a grant under this clause only for purses, promotions, and
routine operations of the racetrack. No grants shall be made
for long term capital investment or construction and no grants
shall be made before the racetrack becomes operational and is
offering a racing schedule.
(7) The remainder of the admissions tax collected by the
licensed owner for each person embarking on a riverboat
during the quarter shall be paid to county treasurer of each
county described in subsection (j) according to the ratio the
population of each county bears to the total population of the
counties that do not have a riverboat licensed under this
article.
(c) With respect to tax revenue collected from a riverboat that
operates on Patoka Lake, in a historic preservation district described
in IC 4-33-1-1(3), the treasurer of state shall quarterly pay the
following amounts:
(1) The counties described in IC 4-33-1-1(3) that are contiguous
to Patoka Lake shall receive one dollar ($1) and twenty cents
($1.20) of the admissions tax collected for each person embarking
on the riverboat during the quarter. This amount shall be divided
equally among the counties described in IC 4-33-1-1(3). that are
contiguous to Patoka Lake.
(2) The Patoka Lake development account established under
IC 4-33-15 historic preservation district described in
IC 4-33-1-1(3) shall receive one dollar ($1) forty cents ($0.40)
of the admissions tax 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;
town described in IC 4-33-1-1(3)(C)(i) shall receive forty cents
($0.40) of the admissions tax collected for each person embarking
on the riverboat during the quarter.
(4) The town described in IC 4-33-1-1(3)(C)(ii) shall receive
forty cents ($0.40) of the admissions tax collected for each
person embarking on the riverboat during the quarter.
(5) The state general fund tourism commission of the town
described in IC 4-33-1-1(3)(C)(i) shall receive fifty cents ($0.50)
twenty-five cents ($0.25) of the admissions tax collected for each
person embarking on the riverboat during the quarter.
(6) The tourism commission of the town described in
IC 4-33-1-1(3)(C)(ii) shall receive twenty-five cents ($0.25) of
the admissions tax collected for each person embarking on the
riverboat during the quarter.
(5) (7) The division of mental health and addiction 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), (c)(3), or (c)(4):
(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 levy under
IC 6-1.1-18.5, but may be used at the discretion of the unit to
reduce the property tax levy of the unit for a particular year;
(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; and
(4) is considered miscellaneous revenue.
(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 and addiction
under subsections (b)(5) and (c)(5): (c)(7):
(1) is annually appropriated to the division of mental health and
addiction;
(2) shall be distributed to the division of mental health and
addiction at times during each state fiscal year determined by the
budget agency; and
(3) shall be used by the division of mental health and addiction
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.
(g) Money paid by the treasurer of state under subsection (c)(5)
and (c)(6) must be used only for the tourism promotion,
advertising, and economic development activities of the respective
towns.
(h) The treasurer of state shall determine the total amount of
money paid by the treasurer of state under subsection (b)(1), (b)(2),
and (b)(3) during the state fiscal year 2001. The amount
determined under this subsection is the base year revenue for each
city, county, and county convention and visitors bureau or
promotion fund receiving money under subsection (b)(1), (b)(2),
and (b)(3). The treasurer of state shall certify the base year
revenue determined under this subsection to each city, county, and
county convention and visitors bureau or promotion fund receiving
money under subsection (b)(1), (b)(2), and (b)(3).
(i) For state fiscal years beginning after June 30, 2001, the
treasurer of state shall notify the city, county, and county
convention and visitors bureau or promotion fund receiving money
under subsection (b)(1), (b)(2) on the date that the entity's
distributions under subsection (b) equal the entity's base year
revenue. An entity may not receive a distribution under subsection
(b) after the date of the notification required by this subsection.
(j) After the date of the notification required by subsection (g),
the treasurer of state shall pay the remainder of riverboat
admissions taxes described in subsection (b)(1), (b)(2), or (b)(3) for
a particular entity to the county treasurer of each county that does
not have a riverboat licensed under this article. The treasurer of
state shall make the payments to each county described in this
subsection according to the ratio the population of each county
bears to the total population of the counties that do not have a
riverboat licensed under this article.
SOURCE: IC 4-33-13-1; (02)CR033302.59. -->
SECTION 59. IC 4-33-13-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 1. (a) A tax is imposed
on the adjusted gross receipts received from gambling games
authorized under this article at the rate of twenty percent (20%) of the
amount of the adjusted gross receipts set forth in the following table:
Adjusted Gross Receipts
Reported during the Year Tax Rate
Less than $100,000,000 20%
At least $100,000,000 but
less than $150,000,0000 22.5%
At least $150,000,000 but
less than $250,000,000 25%
At least $250,000,000 but
less than $350,000,000 30%
At least $350,000,000 35%
(b) The licensed owner shall remit the tax imposed by this chapter
to the department before the close of the business day following the day
the wagers are made.
(c) The department may require payment under this section to be
made by electronic funds transfer (as defined in IC 4-8.1-2-7(e)).
(d) If the department requires taxes to be remitted under this chapter
through electronic funds transfer, the department may allow the
licensed owner to file a monthly report to reconcile the amounts
remitted to the department.
(e) The department may allow taxes remitted under this section to
be reported on the same form used for taxes paid under IC 4-33-12.
SOURCE: IC 4-33-13-5; (02)CR033302.60. -->
SECTION 60. IC 4-33-13-5, AS AMENDED BY P.L.273-1999,
SECTION 44, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 5.
(a) This subsection does not apply to a
riverboat located in a historic preservation district described in
IC 4-33-1-1(3) or a riverboat located in a county described in
IC 4-33-1-1(1). After funds are appropriated under section 4 of this
chapter, each month the treasurer of state shall distribute the tax
revenue deposited in the state gaming fund under this chapter to the
following:
(1) Twenty-five percent (25%) of the tax revenue remitted by
each licensed owner shall be paid:
(A) to the city that is designated as the home dock of the
riverboat from which the tax revenue was collected, in the case
of a city described in IC 4-33-12-6(b)(1)(A);
(B) in equal shares to the counties described in IC 4-33-1-1(3),
in the case of a riverboat whose home dock is on Patoka Lake;
or
(C) to the county that is designated as the home dock of the
riverboat from which the tax revenue was collected, in the case
of a riverboat whose home dock is not in a city described in
clause (A) or a county described in clause (B); and
(2) Seventy-five percent (75%) of the tax revenue remitted by
each licensed owner shall be paid to the build Indiana fund lottery
and gaming surplus account.
(b) This subsection applies only to a riverboat located in a
historic preservation district described in IC 4-33-1-1(3). After
funds are appropriated under section 4 of this chapter, each month
the treasurer of state shall distribute the tax revenue deposited in
the state gaming fund under this chapter to the following:
(1) Fifty percent (50%) of the tax revenue remitted by the
licensed owner shall be paid to the build Indiana fund lottery
and gaming surplus account.
(2) Twenty-five percent (25%) of the tax revenue remitted by
the licensed owner shall be paid to the historic preservation
district described in IC 4-33-1-1(3).
(3) Six percent (6%) of the tax revenue remitted by the
licensed owner shall be paid to the county in which the
historic preservation district described in IC 4-33-1-1(3) is
located.
(4) Six percent (6%) of the tax revenue remitted by the
licensed owner shall be paid to the town described in
IC 4-33-1-1(3)(C)(i).
(5) Six percent (6%) of the tax revenue remitted by the
licensed owner shall be paid to the town described in
IC 4-33-1-1(3)(C)(ii).
(6) Three percent (3%) of the tax revenue remitted by the
licensed owner shall be paid to the county described in
subdivision (3) to be used to make grants to other
governmental agencies.
(7) Two percent (2%) of the tax revenue remitted by the
licensed owner shall be paid to the tourism commission of the
town described in IC 4-33-1-1(3)(C)(i).
(8) Two percent (2%) of the tax revenue remitted by the
licensed owner shall be paid to the tourism commission of the
town described in IC 4-33-1-1(3)(C)(ii).
(c) This subsection applies only to a riverboat located in a
county described in IC 4-33-1-1(1). After funds are appropriated
under section 4 of this chapter, the treasurer of state shall
distribute the tax revenue deposited in the state gaming fund under
this chapter to the following:
(1) The first seven million dollars ($7,000,000) of tax revenue
collected each year shall be deposited in the shoreline
environmental trust fund established under IC 36-7-13.5-19.
(2) After the deposits required under subdivision (1) are
made, the remaining tax revenues shall be distributed as
follows:
(A) Twenty-five percent (25%) to the city that is
designated as the home dock of the riverboat from which
the tax revenue was collected.
(B) Seventy-five percent (75%) to the build Indiana fund
lottery and gaming surplus account.
SOURCE: IC 4-33-13-6; (02)CR033302.61. -->
SECTION 61. IC 4-33-13-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 6. (a) Money paid to a
unit of local government under this chapter:
(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.
(b) This chapter does not prohibit the city or county designated as
the home dock of the riverboat from entering into agreements with
other units of local government in Indiana or in other states to share the
city's or county's part of the tax revenue received under this chapter.
(c) Money paid by the treasurer of state under section 5(b)(7)
and 5(b)(8) of this chapter must be used only for the tourism
promotion, advertising, and economic development activities of the
respective towns.
SOURCE: IC 4-33-16; (02)CR033302.62. -->
SECTION 62. IC 4-33-16 IS ADDED TO THE INDIANA CODE
AS A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]:
Chapter 16. Gambling Operations in a Historic Preservation
District
Sec. 1. This chapter applies only to a historic preservation
district described in IC 4-33-1-1(3) and established under
IC 36-7-11-4.5.
Sec. 2. As used in this chapter, "district" refers to the historic
preservation district established under IC 36-7-11-4.5.
Sec. 3. As used in this chapter, "historic preservation
commission" refers to the historic preservation commission
established under IC 36-7-11-4.5.
Sec. 4. As used in this chapter, "operating expenses" means the
following:
(1) Money spent by the historic preservation commission in
the exercise of the historic preservation commission's powers
under this article, IC 36-7-11-23, and IC 36-7-11-24 as limited
by section 5 of this chapter.
(2) Management fees paid to the riverboat's licensed
operating agent.
Sec. 5. A riverboat authorized under this article for a historic
preservation district described in IC 4-33-1-1(3) must be located on
real property owned by the district that is located between the two
(2) historic resort hotels.
Sec. 6. The commission shall grant an owner's license to the
historic preservation commission upon the fulfillment of the
following requirements:
(1) Riverboat gaming is approved in a public question.
(2) The commission completes the investigations required
under IC 4-33-6.
Sec. 7. The historic preservation commission shall contract with
another person to operate a riverboat located in the district. The
person must be a licensed operating agent under IC 4-33-6.5.
Sec. 8. The net income derived from the riverboat after the
payment of all operating expenses shall be deposited in the French
Lick and West Baden community trust fund established under
IC 36-7-11.4.
Sec. 9. After deducting any tax revenue received under
IC 4-33-12 and IC 4-33-13 that:
(1) is expended by the historic preservation commission to
carry out the historic preservation commission's duties and
powers under this article, IC 36-7-11-3, and IC 36-7-11-24; or
(2) is pledged to bonds, leases, or other obligations under
IC 5-1-14-4;
the historic preservation commission shall deposit the remaining
tax revenue in the French Lick and West Baden community trust
fund established under IC 36-7-11.4.
SOURCE: IC 4-33-17; (02)CR033302.63. -->
SECTION 63. IC 4-33-17 IS ADDED TO THE INDIANA CODE
AS A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]:
Chapter 17. Riverboat Safety Standards
Sec. 1. A riverboat licensed under this article that:
(1) is a permanently moored vessel; and
(2) is not under the jurisdiction of the United States Coast
Guard;
must comply with the safety requirements adopted by the
commission. The commission shall consult with all applicable state
and federal agencies to ensure compliance with standards for
safety, design, construction, inspection, survey, and the moorings
of a continuously moored vessel.
Sec. 2. The commission may adopt additional safety
requirements to promote the safety of persons entering a riverboat.
Sec. 3. A licensee may not conduct gaming at a riverboat until
all applicable standards have been met and the commission
approves gaming on the riverboat.
Sec. 4. (a) A riverboat must undergo an inspection annually to
determine the riverboat's continuing compliance with the safety
requirements adopted by the commission.
(b) A riverboat must:
(1) have approved before licensure and annually thereafter a
plan for firefighting and for the protection and evacuation of
personnel; and
(2) have a staff sufficiently trained as required to execute the
plan.
SOURCE: IC 6-8.1-1-1; (02)CR033302.64. -->
SECTION 64. IC 6-8.1-1-1, AS AMENDED BY P.L.151-2001,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 1. "Listed taxes" or "taxes" includes only
the
pari-mutuel pull tab taxes (IC 4-31-7.5-11 and IC 4-31-7.5-13); the
pari-mutuel taxes (IC 4-31-9-3 through IC 4-31-9-5); the riverboat
admissions tax (IC 4-33-12); the riverboat wagering tax (IC 4-33-13);
the gross income tax (IC 6-2.1); the state gross retail and use taxes
(IC 6-2.5); the adjusted gross income tax (IC 6-3); the supplemental net
income tax (IC 6-3-8); the county adjusted gross income tax
(IC 6-3.5-1.1); the county option income tax (IC 6-3.5-6); the county
economic development income tax (IC 6-3.5-7); the municipal option
income tax (IC 6-3.5-8); the auto rental excise tax (IC 6-6-9); the bank
tax (IC 6-5-10); the savings and loan association tax (IC 6-5-11); the
production credit association tax (IC 6-5-12); the financial institutions
tax (IC 6-5.5); the gasoline tax (IC 6-6-1.1); the alternative fuel permit
fee (IC 6-6-2.1); the special fuel tax (IC 6-6-2.5); the motor carrier fuel
tax (IC 6-6-4.1); a motor fuel tax collected under a reciprocal
agreement under IC 6-8.1-3; the motor vehicle excise tax (IC 6-6-5);
the commercial vehicle excise tax (IC 6-6-5.5); the hazardous waste
disposal tax (IC 6-6-6.6); the cigarette tax (IC 6-7-1); the beer excise
tax (IC 7.1-4-2); the liquor excise tax (IC 7.1-4-3); the wine excise tax
(IC 7.1-4-4); the hard cider excise tax (IC 7.1-4-4.5); the malt excise
tax (IC 7.1-4-5); the petroleum severance tax (IC 6-8-1); the various
innkeeper's taxes (IC 6-9); the various county food and beverage taxes
(IC 6-9); the county admissions tax (IC 6-9-13 and IC 6-9-28); the oil
inspection fee (IC 16-44-2); the emergency and hazardous chemical
inventory form fee (IC 6-6-10); the penalties assessed for oversize
vehicles (IC 9-20-3 and IC 9-30); the fees and penalties assessed for
overweight vehicles (IC 9-20-4 and IC 9-30); the underground storage
tank fee (IC 13-23); the solid waste management fee (IC 13-20-22);
and any other tax or fee that the department is required to collect or
administer.
SOURCE: IC 35-45-5-7; (02)CR033302.65. -->
SECTION 65. IC 35-45-5-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 7. This chapter does not
apply to the publication or broadcast of an advertisement, a list of
prizes, or other information concerning:
(1) pari-mutuel wagering on horse races or a lottery authorized by
the law of any state; or
(2) a game of chance operated in accordance with IC 4-32; or
(3) a pari-mutuel pull tab game operated in accordance with
IC 4-31-7.5.
SOURCE: IC 35-45-5-11; (02)CR033302.66. -->
SECTION 66. IC 35-45-5-11 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2002]: Sec. 11. This chapter does not apply
to the sale of pari-mutuel pull tab tickets authorized by IC 4-31-7.5.
SOURCE: IC 36-7-11-4.3; (02)CR033302.67. -->
SECTION 67. IC 36-7-11-4.3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 4.3. (a) An ordinance
that establishes a historic preservation commission under section 4 or
4.5 of this chapter may authorize the staff of the commission, on behalf
of the commission, to grant or deny an application for a certificate of
appropriateness.
(b) An ordinance adopted under this section must specify the types
of applications that the staff of the commission is authorized to grant
or deny. The staff may not be authorized to grant or deny an application
for a certificate of appropriateness for the following:
(1) The demolition of a building.
(2) The moving of a building.
(3) The construction of an addition to a building.
(4) The construction of a new building.
SOURCE: IC 36-7-11-4.5; (02)CR033302.68. -->
SECTION 68. IC 36-7-11-4.5 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2002]:
Sec. 4.5. (a) This section applies to the
following towns located in a county having a population of more
than nineteen thousand three hundred (19,300) but less than
twenty thousand (20,000):
(1) A town having a population of more than one thousand
five hundred (1,500) but less than two thousand two hundred
(2,200).
(2) A town having a population of less than one thousand five
hundred (1,500).
(b) The towns described in subsection (a) may enter an
interlocal agreement under IC 36-1-7 to establish a joint historic
preservation district under this chapter. An ordinance entering the
interlocal agreement must provide for the following membership
of the joint historic preservation district:
(1) A member of the town council of a town described in
subsection (a)(1).
(2) A member of the town council of a town described in
subsection (a)(2).
(3) The owner of a historic resort hotel located in a town
described in subsection (a)(1) or the owner's designee.
(4) The owner of a historic resort hotel located in a town
described in subsection (a)(2) or the owner's designee.
(5) An individual appointed by the Historic Landmarks
Foundation of Indiana.
(6) A resident of a town described in subsection (a)(1).
(7) A resident of a town described in subsection (a)(2).
(c) A member of the commission described in subsection (b)(1)
or (b)(2) shall serve for the duration of the member's term of office
on the town council. The members described in subsection (b)(5)
through (b)(7) shall each serve for a term of three (3) years.
However, the terms of the original voting members may be for one
(1) year, two (2) years, or three (3) years in order for the terms to
be staggered, as provided by the ordinance. A vacancy shall be
filled for the duration of the term.
(d) The ordinance may provide qualifications for members of
the commission described in subsection (b)(6) and (b)(7). However,
members must be residents of the unit who are interested in the
preservation and development of historic areas. The members of
the commission should include professionals in the disciplines of
architectural history, planning, and other disciplines related to
historic preservation, to the extent that those professionals are
available in the community. The ordinance may also provide for
the appointment of advisory members that the legislative body
considers appropriate.
(e) Each member of the commission must, before beginning the
discharge of the duties of the member's office, do the following:
(1) Take an oath that the member will faithfully execute the
duties of the member's office according to Indiana law and
rules adopted under Indiana law.
(2) Provide a bond to the state that:
(A) is approved by the Indiana gaming commission;
(B) is for twenty-five thousand dollars ($25,000); and
(C) is, after being executed and approved, recorded in the
office of the secretary of state.
(f) The ordinance may:
(1) designate an officer or employee of a town described in
subsection (a) to act as administrator;
(2) permit the commission to appoint an administrator who
shall serve without compensation except reasonable expenses
incurred in the performance of the administrator's duties; or
(3) provide that the commission act without the services of an
administrator.
(g) Members of the commission shall serve without
compensation except for reasonable expenses incurred in the
performance of their duties.
(h) The commission shall elect from its membership a
chairperson and vice chairperson, who shall serve for one (1) year
and may be reelected.
(i) The commission shall adopt rules consistent with this chapter
for the transaction of its business. The rules must include the time
and place of regular meetings and a procedure for the calling of
special meetings. All meetings of the commission must be open to
the public, and a public record of the commission's resolutions,
proceedings, and actions must be kept. If the commission has an
administrator, the administrator shall act as the commission's
secretary. If the commission does not have an administrator, the
commission shall elect a secretary from its membership.
(j) The commission shall hold regular meetings, at least
monthly, except when it has no business pending.
(k) A decision of the commission is subject to judicial review
under IC 4-21.5-5 as if it were a decision of a state agency.
(l) Money acquired by the historic preservation commission:
(1) is subject to the laws concerning the deposit and
safekeeping of public money; and
(2) must be deposited under the advisory supervision of the
state board of finance in the same way and manner, at the
same rate of interest, and under the same restrictions as other
state money.
(m) The money of the historic preservation commission and the
accounts of each officer, employee, or other person entrusted by
law with the raising, disposition, or expenditure of the money or
part of the money are subject to the following:
(1) Examination by the state board of accounts.
(2) The same penalties and the same provision for publicity
that are provided by law for state money and state officers.
SOURCE: IC 36-7-11-4.6; (02)CR033302.69. -->
SECTION 69. IC 36-7-11-4.6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 4.6. An ordinance that
establishes a historic preservation commission under section 4 or 4.5
of this chapter may:
(1) authorize the commission to:
(A) acquire by purchase, gift, grant, bequest, devise, or lease
any real or personal property, including easements, that is
appropriate for carrying out the purposes of the commission;
(B) hold title to real and personal property; and
(C) sell, lease, rent, or otherwise dispose of real and personal
property at a public or private sale on the terms and conditions
that the commission considers best; and
(2) establish procedures that the commission must follow in
acquiring and disposing of property.
SOURCE: IC 36-7-11-23; (02)CR033302.70. -->
SECTION 70. IC 36-7-11-23 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2002]: Sec. 23. (a) This section applies to a
historic preservation commission established under section 4.5 of
this chapter.
(b) In addition to the commission's other duties set forth in this
chapter, the commission shall do the following:
(1) Designate a fiscal agent who must be the fiscal officer of
one (1) of the towns described in section 4.5(a) of this chapter.
(2) Employ professional staff to assist the commission in
carrying out its duties under this section.
(3) Engage consultants, attorneys, accountants, and other
professionals necessary to carry out the commission's duties
under this section.
(4) Own the riverboat license described in IC 4-33-6-1(a)(6).
(5) Develop requests for proposals for persons interested in
operating and managing the riverboat authorized under
IC 4-33 on behalf of the commission as the riverboat's
licensed operating agent.
(6) Recommend a person to the Indiana gaming commission
that the historic preservation commission believes will:
(A) promote the most economic development in the area
surrounding the historic preservation district;
(B) best meet the criteria set forth in IC 4-33-6-4; and
(C) best serve the interests of the citizens of Indiana.
However, the gaming commission is not bound by the
recommendation of the historic preservation commission.
SOURCE: IC 36-7-11-24; (02)CR033302.71. -->
SECTION 71. IC 36-7-11-24 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2002]: Sec. 24. (a) This section applies to a
historic preservation commission established under section 4.5 of
this chapter.
(b) In addition to the commission's other powers set forth in this
chapter, the commission may do the following:
(1) Enter contracts to carry out the commission's duties under
section 23 of this chapter, including contracts for the
construction, maintenance, operation, and management of a
riverboat to be operated in the historic preservation district
under IC 4-33.
(2) Provide recommendations to the Indiana gaming
commission concerning the operation and management of a
riverboat to be operated in the historic preservation district
under IC 4-33.
(c) This section may not be construed to limit the powers of the
Indiana gaming commission with respect to the administration and
regulation of riverboat gaming under IC 4-33.
SOURCE: IC 36-7-11.4; (02)CR033302.72. -->
SECTION 72. IC 36-7-11.4 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]:
Chapter 11.4. French Lick and West Baden Community Trust
Fund
Sec. 1. This section applies to a historic preservation district
established under IC 36-7-11-4.5.
Sec. 2. As used in this chapter, "fund" refers to the French Lick
and West Baden community trust fund established by section 4 of
this chapter.
Sec. 3. As used in this chapter, "historic preservation
commission" refers to the historic preservation commission
established under IC 36-7-11-4.5.
Sec. 4. (a) The French Lick and West Baden community trust
fund is established.
(b) The fund consists of the following:
(1) Money disbursed from the historic preservation
commission.
(2) Donations.
(3) Interest and dividends on assets of the fund.
(4) Money transferred to the fund from other funds.
(5) Money from any other source.
Sec. 5. (a) The historic preservation commission shall manage
and develop the fund and the assets of the fund.
(b) The historic preservation commission shall do the following:
(1) Establish a policy for the investment of the fund's assets.
(2) Perform other tasks consistent with prudent management
and development of the fund.
Sec. 6. (a) Subject to the investment policy of the board, the
fiscal agent appointed by the historic preservation commission
shall administer the fund and invest the money in the fund.
(b) The expenses of administering the fund and implementing
this chapter shall be paid from the fund.
(c) Money in the fund that is not currently needed to meet the
obligations of the fund may be invested in the same manner as
other public funds are invested. Interest that accrues from these
investments shall be deposited in the fund.
(d) Money in the fund at the end of a state fiscal year does not
revert to the state general fund.
Sec. 7. (a) The historic preservation commission has the sole
authority to allocate money from the fund for the following
purposes:
(1) The preservation, restoration, maintenance, operation,
and development of the French Lick historic resort hotel.
(2) The preservation, restoration, maintenance, operation,
and development of the West Baden historic resort hotel.
(3) Infrastructure projects and other improvements in the
surrounding community.
(b) Money allocated under subsection (a)(1) and (a)(2) must be
divided equally between the two (2) historic resort hotels.
Sec. 8. The historic preservation commission shall prepare an
annual report concerning the fund and submit the report to the
legislative council before October 1 of each year. The report is a
public record.
SOURCE: IC 4-33-2-8; IC 4-33-4-19; IC 4-33-9-2; IC 4-33-12-2; IC
4-33-15.
; (02)CR033302.73. -->
SECTION 73. THE FOLLOWING ARE REPEALED [EFFECTIVE
JULY 1, 2002]: IC 4-33-2-8; IC 4-33-4-19; IC 4-33-9-2; IC 4-33-12-2;
IC 4-33-15.
SOURCE: ; (02)CR033302.74. -->
SECTION 74. [EFFECTIVE JULY 1, 2002] (a) The Indiana
gaming commission shall adopt the emergency rules required
under IC 4-31-7.5-15, as added by this act, before September 1,
2002.
(b) This SECTION expires December 31, 2002.
SOURCE: ; (02)CR033302.75. -->
SECTION 75. [EFFECTIVE UPON PASSAGE] (a) This
SECTION applies to a county having a population of more than
nineteen thousand three hundred (19,300) but less than twenty
thousand (20,000).
(b) The Indiana gaming commission may not issue a license
under this article to allow a riverboat to operate in the county
unless the voters of:
(1) a town having a population of more than one thousand five
hundred (1,500) but less than two thousand two hundred
(2,200) located in the county; and
(2) a town having a population of less than one thousand five
hundred (1,500) located in the county;
have approved gambling on a riverboat in the county.
(c) Notwithstanding IC 4-33-6-19.5, as added by this act, the
county election board shall place the following question on the
ballot in the towns described in subsection (b) during the primary
election held on May 7, 2002:
"Shall a license be issued to allow riverboat gambling in the
town of _______?".
(d) Notwithstanding IC 4-33-6-19.5, as added by this act, the
registered voters of the towns described in subsection (b) are not
required to petition the clerk of the circuit court to place the public
question described in subsection (c) on the ballot.
(e) A public question under this SECTION shall be placed on
the ballot in accordance with IC 3-10-9.
(f) If a public question is placed on the ballot under this
SECTION and the voters of the town do not vote in favor of
allowing riverboat gambling under IC 4-33, another public
question regarding riverboat gambling may not be held in the town
for at least two (2) years.
(g) The clerk of the circuit court of a county holding an election
under this SECTION shall certify the results determined under
IC 3-12-4-9 to the commission and the department of state revenue.
(h) This SECTION expires July 2, 2002.
SOURCE: ; (02)CR033302.76. -->
SECTION 76. [EFFECTIVE JULY 1, 2002]
(a) IC 4-33-12-1 and
IC 4-33-12-6, both as amended by this act, apply to admissions
taxes collected after June 30, 2002.
(b) IC 4-33-12-1.3, as added by this act, applies to admissions
taxes collected after June 30, 2002.
(c) IC 4-33-13-1 and IC 4-33-13-5, both as amended by this act,
apply to adjusted gross receipts reported after June 30, 2002.".
Renumber all SECTIONS consecutively.
(Reference is to SB 333 as reprinted January 29, 2002 and as
amended by the Committee Report of the House Committee on Public
Policy, Ethics, and Veterans Affairs adopted on February 19, 2002.)
and when so amended that said bill do pass.
__________________________________
CR033302/DI 92 2002