SENATE MOTION


MR. PRESIDENT:

    I move
that Engrossed House Bill 1528 be amended to read as follows:

SOURCE: Page 1, line 1; (03)MO152804.1. -->     Page 1, between the enacting clause and line 1, begin a new paragraph and insert:
SOURCE: IC 4-33-2-5.5; (03)MO152804.41. -->     "SECTION 41. IC 4-33-2-5.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 5.5. "Corporate headquarters" means the building or buildings where:
        (1) the principal offices of the principal executive officers of a licensed owner are located; and
        (2) at least two hundred fifty (250) employees are employed.
".
SOURCE: Page 3, line 12; (03)MO152804.3. -->     Page 3, after line 12, begin a new paragraph and insert:
SOURCE: IC 4-33-19; (03)MO152804.4. -->     "SECTION 4. IC 4-33-19 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]:
     Chapter 19. Supplemental Wagering Tax
    Sec. 1. (a) A supplemental wagering tax is imposed on the adjusted gross receipts received from gambling games authorized under this article at the rate of three percent (3%) of the amount of the adjusted gross receipts.
    (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 (f)).
    (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.
    Sec. 2. (a) The state supplemental wagering tax fund is established.
    (b) 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 state general fund.
    (c) Money in the fund does not revert to the state general fund at the end of a state fiscal year.
    Sec. 3. The department shall deposit tax revenue collected under this chapter in the state supplemental wagering tax fund.
    Sec. 4. Subject to the payment of refunds under section 5(d) of this chapter, the treasurer of state shall before October 1 of each year transfer the tax revenue deposited in the state supplemental wagering tax fund under this chapter to the build Indiana fund established under IC 4-30-17.
    Sec. 5. (a) A licensed owner is entitled to a one hundred percent (100%) credit against the tax imposed under section 1 of this chapter in a particular state fiscal year if the licensed owner does at least one (1) of the following:
        (1) Relocates the licensed owner's corporate headquarters to Indiana during the state fiscal year in which the tax was imposed.
        (2) Maintains the licensed owner's corporate headquarters in Indiana during the state fiscal year in which the tax was imposed.
        (3) Invests at least three percent (3%) of the licensed owner's adjusted gross receipts in the city or county that is designated as the riverboat's home dock during the state fiscal year in which the tax was imposed.
    (b) To qualify for the credit allowed under this section, an investment described in subsection (a)(3) must be in addition to any investments required by statute or by an operating agreement with the city or county that is designated as the home dock of the licensed owner's riverboat.
    (c) To claim the credit allowed under this section, a licensed owner must apply for the credit before August 1 on a form prescribed by the commission. The licensed owner must attach to the application proof:
        (1) of the relocation of the licensed owner's corporate headquarters;
        (2) that the licensed owner maintained the licensed owner's corporate headquarters in Indiana during the state fiscal year in which the taxes were imposed; or
        (3) that the investments required under subsection (a)(3) were made.
    (d) If the commission approves the licensed owner's application for a credit, the commission shall certify the application to the

department of state revenue. Upon receipt of the certified application, the department of state revenue shall refund the amount of the credit to the licensed owner. The amount refunded to the licensed owner must be paid from the state supplemental wagering tax fund before September 1.

SOURCE: ; (03)MO152804.5. -->     SECTION 5. [EFFECTIVE JULY 1, 2003] IC 4-33-19 , as added by this act, applies to adjusted gross receipts received after June 30, 2003.".
    Renumber all SECTIONS consecutively.
    (Reference is to EHB 1528 as printed April 4, 2003.)

________________________________________

Senator WATERMAN


MO152804/DI 92     2003