SB 405-2_ Filed 02/22/2010, 10:49 Austin


Text Box


    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______
    RULED OUT OF ORDER


[

HOUSE MOTION ____

]

MR. SPEAKER:

    I move that Engrossed Senate Bill 405 be amended to read as follows:

SOURCE: Page 33, line 15; (10)MO040509.33. -->     Page 33, between lines 15 and 16, begin a new paragraph and insert:
SOURCE: IC 4-35-2-10.5; (10)MO040509.35. -->     "SECTION 35. IC 4-35-2-10.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 10.5. "Taxable receipts" means the amount of a licensee's receipts from slot machine wagering that are subject to the slot machine wagering tax as calculated under IC 4-35-8-1(b) or IC 4-35-8-1(c).".
SOURCE: Page 36, line 25; (10)MO040509.36. -->     Page 36, between lines 25 and 26, begin a new paragraph and insert:
SOURCE: IC 4-35-8-1; (10)MO040509.37. -->     "SECTION 37. IC 4-35-8-1, AS ADDED BY P.L.233-2007, SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 1. (a) A graduated slot machine wagering tax is imposed as follows on the adjusted gross taxable receipts received from wagering on gambling games authorized by this article:
        (1) Twenty-five percent (25%) of the first one hundred million dollars ($100,000,000) of adjusted gross taxable receipts received during the period beginning July 1 of each year and ending June 30 of the following year.
        (2) Thirty percent (30%) of the adjusted gross taxable receipts in excess of one hundred million dollars ($100,000,000) but not exceeding two hundred million dollars ($200,000,000) received during the period beginning July 1 of each year and ending June 30 of the following year.
        (3) Thirty-five percent (35%) of the adjusted gross taxable

receipts in excess of two hundred million dollars ($200,000,000) received during the period beginning July 1 of each year and ending June 30 of the following year.
    (b) A licensee shall remit the tax imposed by this section to the department before the close of the business day following the day the wagers are made. Except as provided in subsection (c), a licensee shall calculate the amount of taxable receipts received for a particular day by determining the product of:
        (1) the adjusted gross receipts received during the day; multiplied by

         (2) the appropriate percentage as follows:
             (A) Ninety-five percent (95%) during a state fiscal year ending before July 1, 2011.
            (B) Ninety-one percent (91%) during a state fiscal year beginning after June 30, 2011, and ending before July 1, 2012.

             (C) Eighty-six and five-tenths percent (86.5%) during a state fiscal year beginning after June 30, 2012, and ending before July 1, 2013.
            (D) Eighty-two percent (82%) during a state fiscal year beginning after June 30, 2013.
    (c) This subsection applies if the commission certifies to the department that the licensee has paid the maximum amount of county slot machine wagering fees required by IC 4-35-8.5-1 for that particular state fiscal year. For the purpose of remitting taxes during the remainder of a state fiscal year after a certification is issued to the department, a licensee shall calculate the amount of taxable receipts received for a particular day by determining the product of:
         (1) the adjusted gross receipts received during the day; multiplied by
         (2) the appropriate percentage as follows:
            (A) Ninety-eight percent (98%) during a state fiscal year ending before July 1, 2011.
            (B) Ninety-four percent (94%) during a state fiscal year beginning after June 30, 2011, and ending before July 1, 2012.

             (C) Eighty-nine and five-tenths percent (89.5%) during a state fiscal year beginning after June 30, 2012, and ending before July 1, 2013.
            (D) Eighty-five percent (85%) during a state fiscal year beginning after June 30, 2013.

    (c) (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(f)).
    (d) (e) If the department requires taxes to be remitted under this chapter through electronic funds transfer, the department may allow the licensee to file a monthly report to reconcile the amounts remitted to

the department.
    (e) (f) The payment of the tax under this section must be on a form prescribed by the department.

SOURCE: IC 4-35-8.5-1; (10)MO040509.38. -->     SECTION 38. IC 4-35-8.5-1, AS ADDED BY P.L.233-2007, SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 1. (a) Before the fifteenth day of each month, a licensee that offers slot machine wagering under this article shall pay to the commission a county slot machine wagering fee equal to three percent (3%) of the adjusted gross receipts received from slot machine wagering during the previous month at the licensee's racetrack. However, a licensee is not required to pay more than eight million dollars ($8,000,000) of county slot machine wagering fees under this section in any state fiscal year.
    (b) The commission shall deposit the county slot machine wagering fee received by the commission into a separate account within the state general fund.
     (c) The commission shall issue a certificate of compliance to a licensee upon determining that the licensee has paid the maximum amount of county slot machine wagering fees required by subsection (a). The commission shall submit a copy of the certificate to the department for the department's use in determining the taxable receipts of the licensee's slot machine operation for the remainder of the state fiscal year under IC 4-35-8-1(c).".
SOURCE: Page 46, line 4; (10)MO040509.46. -->     Page 46, between lines 4 and 5, begin a new paragraph and insert:
SOURCE: ; (10)MO040509.51. -->     "SECTION 51. [EFFECTIVE JULY 1, 2010] (a) IC 4-35-8-1, as amended by this act, applies to state fiscal years beginning after June 30, 2010.
     (b) This SECTION expires January 1, 2012.".
    Renumber all SECTIONS consecutively.
    (Reference is to ESB 405 as printed February 19, 2010.)

________________________________________

Representative Austin


MO040509/DI 92     2010