Citations Affected: IC 4-33; noncode.
Synopsis: Wagering revenue sharing limitations. Eliminates use
restrictions on the revenue sharing part of wagering taxes distributed
to local governments. Corrects a reference to the county auditor.
Provides a formula for revenue sharing for Marion County.(The
introduced version of this bill was prepared by the county government
study commission.)
Effective: Upon passage.
January 16, 2003, read first time and referred to Committee on Public Policy, Ethics and
Veterans Affairs.
February 18, 2003, amended, reported _ Do Pass. Recommitted to Committee on Ways
and Means.
February 27, 2003, amended, reported _ Do Pass.
March 3, 2003, read second time, ordered engrossed. Engrossed.
March 4, 2003, read third time, passed. Yeas 98, nays 0.
A BILL FOR AN ACT to amend the Indiana Code concerning local
government.
than four hundred thousand (400,000) but less than seven
hundred thousand (700,000);
(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).
(3) Subject to subsection (c), the remainder of the tax revenue
remitted by each licensed owner shall be paid to the property tax
replacement fund.
(b) For each city and county receiving money under subsection
(a)(2)(A) or (a)(2)(C), the treasurer of state shall determine the total
amount of money paid by the treasurer of state to the city or county
during the state fiscal year 2002. The amount determined is the base
year revenue for the city or county. The treasurer of state shall certify
the base year revenue determined under this subsection to the city or
county. The total amount of money distributed to a city or county under
this section during a state fiscal year may not exceed the entity's base
year revenue. For each state fiscal year beginning after June 30, 2002,
the treasurer of state shall pay that part of the riverboat wagering taxes
that:
(1) exceeds a particular city or county's base year revenue; and
(2) would otherwise be due to the city or county under this
section;
to the property tax replacement fund instead of to the city or county.
(c) Each state fiscal year the treasurer of state shall transfer from the
tax revenue remitted to the property tax replacement fund under
subsection (a)(3) to the build Indiana fund an amount that when added
to the following may not exceed two hundred fifty million dollars
($250,000,000):
(1) Surplus lottery revenues under IC 4-30-17-3.
(2) Surplus revenue from the charity gaming enforcement fund
under IC 4-32-10-6.
(3) Tax revenue from pari-mutuel wagering under IC 4-31-9-3.
The treasurer of state shall make transfers on a monthly basis as needed
to meet the obligations of the build Indiana fund. If in any state fiscal
year insufficient money is transferred to the property tax replacement
fund under subsection (a)(3) to comply with this subsection, the
treasurer of state shall reduce the amount transferred to the build
Indiana fund to the amount available in the property tax replacement
fund from the transfers under subsection (a)(3) for the state fiscal year.
(d) Before August 15 of 2003 and each year thereafter, the treasurer
of state shall distribute the wagering taxes set aside for revenue sharing
under subsection (a)(1) to the county treasurer of each county that does
not have a riverboat according to the ratio that the county's population
bears to the total population of the counties that do not have a
riverboat. Except as provided in subsection (g), the county treasurer
auditor shall distribute the money received by the county under this
subsection as follows:
(1) To each city located in the county according to the ratio the
city's population bears to the total population of the county.
(2) To each town located in the county according to the ratio the
town's population bears to the total population of the county.
(3) After the distributions required in subdivisions (1) and (2) are
made, the remainder shall be retained by the county.
(e) Money received by a city, town, or county under subsection (d)
or (g) may be used only: for any of the following purposes:
(1) To reduce the property tax levy of the city, town, or county for
a particular year. A property tax reduction under this subdivision
does not reduce the maximum levy of the city, town, or county
under IC 6-1.1-18.5.
(2) For deposit in a special fund or allocation fund created under
IC 8-22-3.5, IC 36-7-14, IC 36-7-14.5, IC 36-7-15.1, and
IC 36-7-30 to provide funding for additional credits for property
tax replacement in property tax increment allocation areas or
debt repayment.
(3) To fund sewer and water projects, including storm water
management projects. or
(4) For police and fire pensions.
However, not more than twenty percent (20%) of the money received
under subsection (d) may be used for the purpose described in
subdivision (4).
(5) To carry out any governmental purpose for which the
money is appropriated by the fiscal body of the city, town, or
county. Money used under this subdivision does not reduce
the property tax levy of the city, town, or county for a
particular year or reduce the maximum levy of the city, town,
or county under IC 6-1.1-18.5.
(f) Before September 15 of 2003 and each year thereafter, the
treasurer of state shall determine the total amount of money distributed
to an entity under IC 4-33-12-6 during the preceding state fiscal year.
If the treasurer of state determines that the total amount of money
distributed to an entity under IC 4-33-12-6 during the preceding state
fiscal year was less than the entity's base year revenue (as determined
under IC 4-33-12-6), the treasurer of state shall make a supplemental
distribution to the entity from taxes collected under this chapter and
deposited into the property tax replacement fund. The amount of the
supplemental distribution is equal to the difference between the entity's
base year revenue (as determined under IC 4-33-12-6) and the total
amount of money distributed to the entity during the preceding state
fiscal year under IC 4-33-12-6.
(g) This section applies only to a county containing a
consolidated city. The county auditor shall distribute the money
received by the county under subsection (d) as follows:
(1) To each city, other than a consolidated city, located in the
county according to the ratio that the city's population bears
to the total population of the county.
(2) To each town located in the county according to the ratio
that the town's population bears to the total population of the
county.
(3) After the distributions required in subdivisions (1) and (2)
are made, the remainder shall be paid in equal amounts to the
consolidated city and the county.