Introduced Version






SENATE BILL No. 390

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 3-11-6.5 ; IC 4-30-16-3 ; IC 4-30-17: IC 4-31-9-3 ; IC 4-32-10-6 ; IC 4-33-13-5 ; IC 4-34-2-1 ; IC 6-6-5-9.5 ; IC 6-6-5-9.6 .

Synopsis: Repeal of the build Indiana fund. Requires that money previously deposited in the build Indiana fund be deposited in the state general fund on June 30, 2002. Repeals the build Indiana fund in 2005.

Effective: June 30, 2002; July 1, 2002; June 30, 2005.





Johnson




    January 10, 2002, read first time and referred to Committee on Finance.







Introduced

Second Regular Session 112th General Assembly (2002)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2001 General Assembly.

SENATE BILL No. 390



    A BILL FOR AN ACT to amend the Indiana Code concerning state and local administration and to make an appropriation.

Be it enacted by the General Assembly of the State of Indiana:

    SECTION 1. IC 3-11-6.5-2 , AS ADDED BY P.L.239-2001, SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 2. (a) The voting system improvement fund is established for the purpose of reimbursing counties for the:
        (1) purchase;
        (2) lease-purchase; or
        (3) lease;
of new voting systems or for the upgrade or expansion of existing voting systems.
    (b) The fund consists of the following:
        (1) Money appropriated to the fund by the general assembly. including any money appropriated from the build Indiana fund.
        (2) All money allocated to the state by the federal government for improvement of voting systems.
        (3) Proceeds of bonds issued by the Indiana bond bank for improvement of voting systems as authorized by law.
The auditor of state shall establish an account within the fund for

money appropriated by the general assembly and a separate account within the fund for any money received by the state from the federal government. Proceeds of bonds issued by the Indiana bond bank under subdivision (3) may be deposited into either account, as determined by the election division.
    (c) The election division shall administer the fund.
    (d) The expenses of administering the fund shall be paid from money in the fund.
    (e) The treasurer of state shall invest the 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.
    (f) Money in the fund at the end of a state fiscal year does not revert to the state general fund.
    (g) Money in the fund is appropriated continuously for the purposes stated in subsection (a).
    (h) Money in the fund derived from appropriations made by the general assembly or that are the proceeds of bonds issued by the Indiana bond bank may be used only to reimburse counties for the:
        (1) purchase;
        (2) lease-purchase; or
        (3) lease;
of new voting systems or upgrades or expansion of existing voting systems after June 30, 2001.
    (i) Money in the fund derived from money received by the state from the federal government may be used for either of the following purposes:
        (1) To reimburse counties for the:
            (A) purchase;
            (B) lease-purchase; or
            (C) lease;
        of new voting systems or upgrades or expansion of existing voting systems after June 30, 2001.
        (2) To reimburse counties for the purchase of new voting systems or upgrades or expansion of existing voting systems after January 1, 1998, and before July 1, 2001.
    SECTION 2. IC 3-11-6.5-7 , AS ADDED BY P.L.239-2001, SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 7. (a) The voting system education fund is established for the purpose of providing money for development and implementation of programs by counties for educating voters about voting procedures.


    (b) The fund consists of money appropriated to the fund by the general assembly. including any money appropriated from the build Indiana fund.
    (c) The election division shall administer the fund.
    (d) The expenses of administering the fund shall be paid from money in the fund.
    (e) The treasurer of state shall invest the 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.
    (f) Money in the fund at the end of a state fiscal year does not revert to the state general fund.
    (g) Money in the fund is appropriated continuously for the purposes stated in subsection (a).
    SECTION 3. IC 4-30-16-3 , AS AMENDED BY P.L.273-1999, SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 3. (a) The commission shall transfer the surplus revenue in the administrative trust fund as follows:
        (1) Before the last business day of January, April, July, and October, the commission shall transfer to the treasurer of state, for deposit in the Indiana state teachers' retirement fund (IC 21-6.1-2), an amount equal to the lesser of:
            (A) seven million five hundred thousand dollars ($7,500,000); or
            (B) the additional quarterly contribution needed so that the ratio of the unfunded liability of the Indiana state teachers' retirement fund compared to total active teacher payroll is as close as possible to but not greater than the ratio that existed on the preceding July 1.
        On or before June 15 of each year, the board of trustees of the Indiana state teachers' retirement fund shall submit to the treasurer of state, each member of the pension management oversight commission, and the auditor of state its estimate of the quarterly amount needed to freeze the unfunded accrued liability of the pre-1996 account (as defined in IC 21-6.1-1-6.9 ) as a percent of payroll. The estimate shall be based on the most recent actuarial valuation of the fund. Notwithstanding any other law, including any appropriations law resulting from a budget bill (as defined in IC 4-12-1-2 ), the money transferred under this subdivision shall be set aside in a special account to be used as a credit against the unfunded accrued liability of the pre-1996 account (as defined in IC 21-6.1-1-6.9 ) of the Indiana state

teachers' retirement fund. The money transferred is in addition to the appropriation needed to pay benefits for the state fiscal year.
        (2) Before the last business day of January, April, July, and October, the commission shall transfer:
            (A) two million five hundred thousand dollars ($2,500,000) of the surplus revenue to the treasurer of state for deposit in the "k" portion of the pension relief fund (IC 5-10.3-11); and
            (B) five million dollars ($5,000,000) of the surplus revenue to the treasurer of state for deposit in the "m" portion of the pension relief fund (IC 5-10.3-11).
        (3) The surplus revenue remaining in the fund on the last day of January, April, July, and October after the transfers under subdivisions (1) and (2) shall be transferred by the commission to the treasurer of state for deposit on that day in the build Indiana fund. state general fund.
    (b) The commission may make transfers to the treasurer of state more frequently than required by subsection (a). However, the number of transfers does not affect the amount that is required to be transferred for the purposes listed in subsection (a)(1) and (a)(2). Any amount transferred during the month in excess of the amount required to be transferred for the purposes listed in subsection (a)(1) and (a)(2) shall be transferred to the build Indiana fund. state general fund.
    SECTION 4. IC 4-31-9-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 3. (a) At the close of each day on which a permit holder or satellite facility operator conducts pari-mutuel wagering on live racing or simulcasts at a racetrack or satellite facility, the permit holder or satellite facility operator shall pay to the department of state revenue a tax on the total amount of money wagered on that day as follows:
        (1) Two percent (2%) of the total amount of money wagered on live races and simulcasts conducted at a permit holder's racetrack.
        (2) Two and one-half percent (2.5%) of the total amount of money wagered on simulcasts at satellite facilities, regardless of whether those simulcasts originate from Indiana or another state.
    (b) The taxes collected under subsection (a) shall be paid from the amounts withheld under section 1 of this chapter and shall be distributed as follows:
        (1) The first one hundred fifty thousand dollars ($150,000) of taxes collected during each state fiscal year shall be deposited in the veterinary school research account established by IC 4-31-12-22.
        (2) The remainder of the taxes collected during each state fiscal

year shall be paid into the lottery and gaming surplus account in the build Indiana fund. state general fund.
    (c) The tax imposed by this section is a listed tax for purposes of IC 6-8.1-1.
    SECTION 5. IC 4-32-10-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 6. Before the last business day of January, April, July, and October, the department shall, upon approval of the budget agency, transfer the surplus revenue to the treasurer of state for deposit in the lottery and gaming surplus account in the build Indiana fund. state general fund.
    SECTION 6. 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. 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. state general fund.
    SECTION 7. IC 4-34-2-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 1. The Indiana technology fund is established. Money in the fund for projects that have not been reviewed by the budget committee at the end of a state biennium reverts to the build Indiana fund, state and local capital projects account (IC 4-30-17-3.5). state general fund.
    SECTION 8. IC 6-6-5-9.5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 9.5. (a) Before the twentieth day of each month the bureau shall do the following:
        (1) Determine the amount of excise taxes that would have been collected for each county for the preceding month based on the

tax rate schedule that was in effect on January 1, 1995.
        (2) Determine and report to the auditor of state the difference between what was actually collected for each county for that month and what would have been collected at the January 1, 1995, rates.
    (b) For the months of January through November, the auditor of state shall determine a monthly uniform disbursement percentage to be applied in determining the amount of motor vehicle excise tax replacement money to be disbursed to each county. The monthly uniform disbursement percentage equals the quotient of the sum of the amounts amount transferred under IC 4-30-17-3.5 plus the amounts transferred under subsections (f) and (g) IC 6-6-5-9.6 to the motor vehicle excise tax replacement account in the month of the bureau's report divided by the sum of the total differences for all counties, as determined under subsection (a) and identified in the bureau's report for that month.
    (c) For December, the auditor of state shall determine an annual uniform disbursement percentage to be applied in determining the amount of motor vehicle excise tax replacement money to be disbursed to each county in December as an annual adjustment.
    (d) The annual uniform disbursement percentage equals the quotient of the sum of the amounts transferred under IC 4-30-17-3.5 plus the amounts transferred under subsections (f) and (g) IC 6-6-5-9.6 to the motor vehicle excise tax replacement account in the months of January through December divided by the sum of the total differences for all counties, as determined under subsection (a) and identified in the bureau's reports for the months of January through December.
    (e) For the months of January through November, the auditor of state shall distribute to the county the amount of the difference determined under subsection (a) in the month of the bureau's report for that county, multiplied by the monthly uniform disbursement percentage for that month. For December, the auditor shall distribute to the county the total difference in the bureau's reports determined under subsection (a) in the months of January through December for that county, multiplied by the annual uniform disbursement percentage, less the amounts distributed to the county in January through November. However, the total distribution to a county in a calendar year may not exceed the total difference in the bureau's reports determined under subsection (a) in the months of January through December for that county in the year.
    (f) The transfers under this subsection are in addition to the transfers required under IC 4-30-17-3.5 and subsection (g). Before the

twenty-fifth day of each month, the auditor of state shall transfer from the state general fund to the state general fund motor vehicle excise tax replacement account the following:
        (1) In calendar year 1996, nine million four hundred fifty-one thousand one hundred eighty-five dollars ($9,451,185).
        (2) In calendar year 1997, seven million two hundred seventy-six thousand three hundred seventy-seven dollars ($7,276,377).
        (3) In calendar year 1998, five million one hundred eight thousand fourteen dollars ($5,108,014).
        (4) In calendar year 1999, two million seven hundred seventy-five thousand six hundred nine dollars ($2,775,609).
        (5) In calendar year 2000, three hundred seventy-four thousand six hundred seven dollars ($374,607).
        (6) In calendar year 2001 and thereafter, sixteen thousand nine hundred seventy-four dollars ($16,974).
The transfers required under this subsection are annually appropriated from the state general fund.
    (g) This subsection applies only after December 31, 1995, and applies only if insufficient money is available in the lottery and gaming surplus account of the build Indiana fund to make the distributions to the state general fund motor vehicle excise tax replacement account that are required under IC 4-30-17-3.5. Before the twenty-fifth day of each month, the auditor of state shall transfer from the state general fund to the state general fund motor vehicle excise tax replacement account the difference between:
        (1) the amount that IC 4-30-17-3.5 requires the auditor of state to distribute from the lottery and gaming surplus account of the build Indiana fund to the state general fund motor vehicle excise tax replacement account; and
        (2) the amount that is available under IC 4-30-17-3.5 for distribution from the lottery and gaming surplus account in the build Indiana fund to the state general fund motor vehicle excise tax replacement account.
The transfers required under this subsection are annually appropriated from the state general fund.
    (h) Any money remaining in the motor vehicle excise tax replacement account after the last county distribution in December shall be transferred to the build Indiana fund state and local capital projects account established under IC 4-30-17-3.5. The auditor of state shall make the distribution before the end of the month the auditor receives the bureau's report.
    (i) (f) The money needed for the distribution shall be withdrawn

from the motor vehicle excise tax replacement account. There is appropriated from the state general fund motor vehicle excise tax replacement account, the amount needed to make the distributions required by this section.
    (j) (g) Distributions made under this section are considered motor vehicle excise taxes for purposes of allocating revenue among taxing units under this chapter.
    SECTION 9. IC 6-6-5-9.6 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 9.6. (a) There is appropriated each month from the state general fund to the motor vehicle excise tax replacement account in the state general fund nineteen million seven hundred one thousand three hundred forty-four dollars ($19,701,344).
    (b) Before the twenty-fifth day of each month, the auditor of state shall transfer from the state general fund to the state general fund motor vehicle excise tax replacement account nineteen million seven hundred one thousand three hundred forty-four dollars ($19,701,344).
    SECTION 10. IC 4-30-17 IS REPEALED [EFFECTIVE JUNE 30, 2005].
    SECTION 11. [EFFECTIVE JUNE 30, 2002] (a) For purposes of this SECTION, the balance of the build Indiana fund is determined using the following computation:
        STEP ONE: Determine the total amount of money in the build Indiana fund on June 30, 2002.
        STEP TWO: Determine the amount of money in the fund for a particular project for which:
            (A) the budget committee has made a favorable review;
            (B) the money has been allotted by the budget agency; and
            (C) the money has not been paid to the recipient.
        STEP THREE: Subtract the amount determined in STEP TWO from the amount determined in STEP ONE.
    (b) Notwithstanding IC 4-30-17-3 , the balance of the build Indiana fund on June 30, 2002, is transferred to the state general fund on July 1, 2002.
    (c) This SECTION expires June 30, 2003.

    SECTION 12. [EFFECTIVE JUNE 30, 2002] (a) Notwithstanding IC 4-34-2-1 , money in the Indiana technology fund on June 30, 2002, for projects that have not been reviewed by the budget committee reverts to the state general fund on June 30, 2002.
    (b) This SECTION expires June 30, 2003.

    SECTION 13. [EFFECTIVE JUNE 30, 2005] (a) Appropriations

from the build Indiana fund that:
        (1) have not been favorably reviewed by the budget committee; or
        (2) have been reviewed but not fully paid to the designated recipient;
before July 1, 2005, are canceled.
    (b) This SECTION expires June 30, 2006.