SB 405-9_ Filed 02/22/2010, 11:29 Eberhart


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    WITHDRAWN        Noes _______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 11; (10)MO040514.33. -->     Page 33, between lines 11 and 12, begin a new paragraph and insert:
SOURCE: IC 4-35-2-2; (10)MO040514.34. -->     "SECTION 34. IC 4-35-2-2, AS ADDED BY P.L.233-2007, SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 2. "Adjusted gross receipts" means:
        (1) the total of all cash and property (including checks received by a licensee, whether collected or not) received by a licensee from gambling games; slot machine wagering; minus
        (2) the total of:
            (A) all cash paid out to patrons as winnings for gambling games; slot machine wagering; and
            (B) uncollectible gambling game slot machine receivables, not to exceed the lesser of:
                (i) a reasonable provision for uncollectible patron checks received from gambling games; slot machine wagering; or
                (ii) two percent (2%) of the total of all sums, including checks, whether collected or not, less the amount paid out to patrons as winnings for gambling games. slot machine wagering.
For purposes of this section, a counter or personal check that is invalid or unenforceable under this article is considered cash received by the licensee from gambling games. slot machine wagering.
SOURCE: IC 4-35-2-5; (10)MO040514.35. -->     SECTION 35. IC 4-35-2-5, AS ADDED BY P.L.233-2007, SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 5. "Gambling game" means either or both of the

following:
         (1) A game played on a slot machine approved for wagering under this article by the commission.
         (2) A table game approved by the commission under IC 4-35-7-15.".

SOURCE: Page 33, line 15; (10)MO040514.33. -->     Page 33, between lines 15 and 16, begin a new paragraph and insert:
SOURCE: IC 4-35-2-10.5; (10)MO040514.37. -->     "SECTION 37. 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. "Table game" means any nonelectrical or nonelectromechanical apparatus used to gamble upon, including the following:
        (1) Roulette wheel and table.
        (2) Blackjack table.
        (3) Crap table.
        (4) Poker table.
".
SOURCE: Page 36, line 25; (10)MO040514.36. -->     Page 36, between lines 25 and 26, begin a new paragraph and insert:
SOURCE: IC 4-35-7-15; (10)MO040514.39. -->     "SECTION 39. IC 4-35-7-15 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 15. (a) A licensee may submit a plan for conducting wagering on table games at the licensee's gaming facility to the commission by a date designated by the commission. Upon receipt of an appropriate plan, the commission shall authorize wagering on table games at the licensee's gaming facility. The licensee shall implement the approved plan by the date designated by the commission, which may not be earlier than May 1, 2010.
    (b) The commission may not approve a plan that does not propose the installation of at least ninety (90) table games.

     (c) After an approved plan is implemented, a licensee must obtain the approval of the commission before installing additional table games at the licensee's gaming facility.
SOURCE: IC 4-35-8.2; (10)MO040514.40. -->     SECTION 40. IC 4-35-8.2 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE MAY 1, 2010]:
     Chapter 8.2. Taxes and Fees on Table Games
     Sec. 1. As used in this chapter, "adjusted gross table game receipts" means:
        (1) the total of all cash and property (including checks received by a licensee, whether collected or not) received by a licensee from table games; minus
        (2) the total of:
            (A) all cash paid out to patrons as winnings for table games; and
            (B) uncollectible table game receivables, not to exceed the lesser of:
                (i) a reasonable provision for uncollectible patron checks received from table games; or
                (ii) two percent (2%) of the total of all sums, including checks, whether collected or not, less the amount paid out to patrons as winnings for table games.
For purposes of this section, a counter or personal check that is invalid or unenforceable under this article is considered cash received by the licensee from table games.

     Sec. 2. A tax is imposed on the adjusted gross table game receipts received under this article at the rate of twenty-five percent (25%) of the amount of the adjusted gross table game receipts.
    Sec. 3. (a) Except as provided in subsection (b), a licensee is entitled to a credit against the tax imposed under section 2 of this chapter equal to the amount determined in STEP THREE of the following formula:
        STEP ONE: Determine the licensee's slot machine wagering tax liability under IC 4-35-8 for each day that the licensee receives adjusted gross receipts from slot machine wagering.
        STEP TWO: Determine what would have been the licensee's slot machine wagering tax liability for that day if the tax had been calculated on a tax base consisting of the appropriate amount as follows:
            (1) Eighty-one percent (81%) of the licensee's adjusted gross receipts from slot machine wagering if the determination is made for a day that occurs:
                (A) in a state fiscal year ending before July 1, 2012; and
                (B) before the date on which the licensee incurs the maximum amount of liability for the county wagering tax fee required by IC 4-35-8.5-1 for a particular state fiscal year.
            (2) Eighty-two percent (82%) of the licensee's adjusted gross receipts from slot machine wagering if the determination is made for a day that occurs:
                (A) in a state fiscal year beginning after June 30, 2012; and
                (B) before the date on which the licensee incurs the maximum amount of liability for the county wagering tax fee required by IC 4-35-8.5-1 for a particular state fiscal year.
            (3) Eighty-four percent (84%) of the licensee's adjusted gross receipts from slot machine wagering if the determination is made for a day that occurs:
                (A) in a state fiscal year ending before July 1, 2012; and
                (B) on or after the date on which the licensee incurs the maximum amount of liability for the county wagering tax fee required by IC 4-35-8.5-1 for a particular state fiscal year.
            (4) Eighty-five percent (85%) of the licensee's adjusted

gross receipts from slot machine wagering if the determination is made for a day that occurs:
                (A) in a state fiscal year beginning after June 30, 2012; and
                (B) on or after the date on which the licensee incurs the maximum amount of liability for the county wagering tax fee required by IC 4-35-8.5-1 for a particular state fiscal year.
        STEP THREE: Determine daily the difference between:
            (1) the STEP ONE result; minus
            (2) the STEP TWO result.
    (b) A licensee may not receive a credit under this section that exceeds the amount of the tax imposed on table game wagering under section 2 of this chapter for a particular day.
    (c) The credit allowed under this section is not refundable and may not be carried back or carried forward.
    Sec. 4. (a) The licensee shall remit the tax due after computing the credit allowed under section 3 of this chapter to the department before the close of the business day following the day the wagers are made.
    (b) The payment of the tax imposed by this chapter must be on a form prescribed by the department.
    (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 licensee to file a monthly report to reconcile the amounts remitted to the department.

     Sec. 5. The department shall deposit the taxes collected under this chapter in the state general fund.
    Sec. 6. (a) Before the fifteenth day of each month, a licensee that offers table game wagering under this article shall pay to the commission a county table game wagering fee equal to three percent (3%) of the adjusted gross table game receipts received from table game 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 table game machine wagering fees under this section in any state fiscal year.
    (b) The commission shall deposit the county table game wagering fee received by the commission into a separate account within the state general fund.
    Sec. 7. Before the fifteenth day of each month, the treasurer of state shall distribute any county table game wagering fees received from a licensee during the previous month to the county auditor of the county in which the licensee's racetrack is located.
    Sec. 8. The auditor of each county receiving a distribution of county table game wagering fees under section 7 of this chapter

shall distribute the county table game wagering fees 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 by subdivisions (1) and (2) are made, the remainder shall be retained by the county.
    Sec. 9. (a) As used in this section, "political subdivision" means a county, city, or town.
    (b) Money paid to a political subdivision under this chapter:
        (1) must be paid to the fiscal officer of the political subdivision and must be deposited in the political subdivision's general fund;
        (2) may not be used to reduce the political subdivision's maximum levy under IC 6-1.1 but may be used at the discretion of the political subdivision to reduce the property tax levy of the political subdivision for a particular year;
        (3) may be used for any purpose specified in this chapter or for any other legal or corporate purpose of the political subdivision, including the pledge of money to bonds, leases, or other obligations under IC 5-1-14-4; and
        (4) is considered miscellaneous revenue.
".

SOURCE: Page 46, line 4; (10)MO040514.46. -->     Page 46, between lines 4 and 5, begin a new paragraph and insert:
SOURCE: ; (10)MO040514.53. -->     "SECTION 53. [EFFECTIVE MAY 1, 2010] (a) IC 4-35-8.2, as added by this act, applies to wagers on table games made after April 30, 2010.
     (b) This SECTION expires January 1, 2012.".
    Renumber all SECTIONS consecutively.
    (Reference is to ESB 405 as printed February 19, 2010.)

________________________________________

Representative Eberhart


MO040514/DI 92     2010