HB 1528-4_ Filed 04/07/2003, 10:16 Lanane

SENATE MOTION


MR. PRESIDENT:

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

SOURCE: Page 1, line 1; (03)MO152805.1. -->     Page 1, between the enacting clause and line 1, begin a new paragraph and insert:
SOURCE: IC 4-31-2-7.5; (03)MO152805.1. -->     "SECTION 1. IC 4-31-2-7.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 7.5. As used in IC 4-31-3-14 , "gross income" means all the gross receipts a permit holder receives from the sale, transfer, or exchange of:
        (1) property, real or personal, tangible or intangible; or
        (2) a permit to conduct a horse racing meeting issued under IC 4-31-5-8.

SOURCE: IC 4-31-3-14; (03)MO152805.2. -->     SECTION 2. IC 4-31-3-14 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 14. (a) The commission shall impose a transfer fee upon a permit holder who sells, transfers, or exchanges a permit to conduct a horse racing meeting issued under IC 4-31-5-8. The fee imposed under this subsection is equal to:
        (1) the gross income received from a transaction or a series of transactions that includes the sale, transfer, or exchange of the permit with:
            (A) a person; or
            (B) a person affiliated with that person;
        multiplied by
        (2) six percent (6%).

The commission shall deposit a fee collected under this subsection in the state general fund.
     (b) For purposes of this section, a person "affiliated" with a specific person is a person that directly, or indirectly through one (1) or more intermediaries, controls, or is controlled by, or is under

common control with, the person specified.

SOURCE: IC 4-31-5-8; (03)MO152805.3. -->     SECTION 3. IC 4-31-5-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 8. (a) Except as provided in subsection (c), the commission may issue or deny a permit to an applicant to conduct a horse racing meeting after the proper filing of:
        (1) an application for a permit; and
        (2) the other information required by this chapter.
The commission shall meet as soon as practicable after the filing of the application and other information for the purpose of acting on the application.
    (b) The commission may deny a permit to:
        (1) any applicant if denial of the permit is in the public interest;
        (2) a permit holder that has defaulted in payments to the public or an employee, a vendor, a supplier, an owner, or a trainer; or
        (3) the purchaser of a track from a permit holder described in subdivision (2) if defaults at that track have not been satisfied by either the seller or the purchaser.
    (c) The commission shall deny a permit to:
        (1) a permit holder that has defaulted in payments to the state;
        (2) the purchaser of a track from a permit holder described in subdivision (1), if defaults at that track have not been satisfied by either the seller or the purchaser; or
        (3) a person an association, a trust, a limited liability company, or a corporation that owns or has one (1) or more members or stockholders who own, an more than the total amount of ownership interest in any other permit issued by the commission in the same year for any other racetrack in Indiana permitted under section 8.5 of this chapter.
    (d) The commission may not issue a permit that would allow pari-mutuel racing to be conducted at the same hour at two (2) or more locations in the same county or adjacent counties.
    (e) A permit issued under this section is valid from January 1 to December 31 of the year for which it is issued. An application must be made for a renewal of a permit.
SOURCE: IC 4-31-5-8.5; (03)MO152805.4. -->     SECTION 4. IC 4-31-5-8.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 8.5. (a) For purposes of this section, a person is considered to have an ownership interest in a permit issued under this chapter 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) permits issued under this chapter.
    (c) A person may not have an ownership interest in more than two (2) permits issued under this chapter.

SOURCE: IC 4-31-5-13; (03)MO152805.5. -->     SECTION 5. IC 4-31-5-13 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 13. A permit issued

under this chapter:
         (1) is not transferable may not be transferred unless the transfer is approved by the commission; and
         (2) applies only to the racetrack specified in the permit.".
    Renumber all SECTIONS consecutively.
    (Reference is to EHB 1528 as printed April 4, 2003.)

________________________________________

Senator LANANE


MO152805/DI 92     2003