Introduced Version






SENATE BILL No. 405

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 4-6-14; IC 4-31; IC 4-33; IC 4-35; IC 4-36-7-4; IC 5-14-3-4.4; IC 7.1-3-17.5; IC 36-7-11.5-11.

Synopsis: Gaming matters. Requires certain disclosures from persons who receive payments pursuant to a development agreement. Provides that the right to inspect and copy certain disbursement information does not apply if the attorney general permits the person filing an annual report containing the information to keep the information confidential. Permits a licensed owner to convert a riverboat into a permanently moored vessel without propulsion or navigation equipment. Permits a licensed owner to submit to the gaming commission a plan for the construction of an inland casino. Specifies criteria for evaluating a submitted plan. Imposes a $50,000,000 relocation fee but permits a licensed owner who operates two riverboats in Gary to relinquish the second license in lieu of paying the fee. Removes obsolete provisions concerning the original riverboat licensing process. Updates provisions referring to the French Lick casino to conform to recent improvements to the casino. Authorizes a licensed owner or an operating agent to conduct card tournaments or other large gaming events in a hotel or other facility owned or leased by the licensed owner or operating agent. Reduces the admissions tax imposed at the French Lick riverboat from $4 to $3. Eliminates admissions tax distributions to the Orange County development commission and the West Baden Springs historic hotel preservation and maintenance fund (fund). Adjusts the amounts paid to other recipients of the admissions tax collected at French Lick. Eliminates certain restrictions under which the holder of a gaming permit may pay for complimentary drinks at certain events. Requires the alcohol and tobacco commission to adopt rules allowing gaming site permit holders to engage in certain trade practices and marketing
(Continued next page)

Effective: Upon passage; July 1, 2010; January 1, 2011.





Alting, Kenley




    January 14, 2010, read first time and referred to Committee on Appropriations.





Digest Continued

activities. Removes inflationary adjustments to the amount of slot machine revenue required for certain horse racing purposes. Permits the operating agent to submit claims for the reimbursement of certain expenditures for the maintenance of the West Baden Springs Hotel and its surrounding grounds. Requires the department of natural resources to pay the claims. Makes technical corrections. Annually appropriates interest accruing to the fund for the purpose of paying claims submitted by the operating agent. Repeals an obsolete definition.



Introduced

Second Regular Session 116th General Assembly (2010)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2009 Regular and Special Sessions of the General Assembly.

SENATE BILL No. 405



    A BILL FOR AN ACT to amend the Indiana Code concerning gaming and to make an appropriation.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 4-6-14; (10)IN0405.1.1. -->     SECTION 1. IC 4-6-14 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2011]:
     Chapter 14. Riverboat Development Agreement Reporting
     Sec. 1. As used in this chapter, "development agreement" means an agreement that:
        (1) is between:
            (A) the direct or indirect holder of an owner's license issued under IC 4-33 or an operating agent contract (as defined in IC 4-33-2-14.6); and
            (B) either a person or a unit of local government; and
        (2) sets forth the holder's financial commitments to support economic development in a unit or a geographic region.

     Sec. 2. As used in this chapter, "development agreement payment" means any payment that a direct or indirect holder of:
        (1) an owner's license under IC 4-33; or
        (2) an operating agent contract (as defined in IC 4-33-2-14.6);
is required to make under a development agreement.

     Sec. 3. As used in this chapter, "person" means an individual, a proprietorship, a corporation, a limited liability company, a partnership, an educational institution, an unincorporated association, a foundation, a trust, a business trust, a group, a governmental agency, a political subdivision, or other legal entity.
     Sec. 4. If a person is a recipient of a local development agreement payment, the person shall prepare an annual report containing the following information before February 1 of each year:
        (1) A verified accounting of all accounts associated with local development agreement payments received in the preceding calendar year.
        (2) An itemized list of all disbursements of local development agreement payments made to any person exceeding five thousand dollars ($5,000) in the aggregate during the preceding calendar year. The itemized list must include:
            (A) the legal name of the recipient of a disbursement;
            (B) the date of each disbursement;
            (C) the amount of each disbursement; and
            (D) the purpose of each disbursement.
    Sec. 5. A person required to prepare a report under section 4 of this chapter shall file the report with the attorney general before March 1 of each year.

     Sec. 6. A person filing a report under section 5 of this chapter may request permission from the attorney general to keep information contained in the report confidential if the person affirms under penalty of perjury that the information concerns a disbursement for either of the following purposes:
         (1) The disbursement was made with respect to negotiations with an industrial, research, or commercial prospect:
            (A) to persuade the prospect to invest in the locality; or
            (B) to build or relocate a business or organization in the locality.
        (2) The disbursement was made with respect to negotiations with an industrial, research, or commercial prospect to perform or provide economic development services or benefits for the locality that are not described in subdivision (1).

     Sec. 7. The attorney general may grant a person permission to

keep information contained in a report filed under section 5 of this chapter confidential if the attorney general determines that:
        (1) keeping the disbursement information confidential is in the best interests of promoting economic development in the affected locality; and
        (2) keeping the disbursement information confidential does not jeopardize the credibility and integrity of riverboat gambling in Indiana.
    Sec. 8. Except as provided in IC 5-14-3-4.4(b), the attorney general may not disclose any information that the attorney general permits a person to keep confidential.

SOURCE: IC 4-31-6-1; (10)IN0405.1.2. -->     SECTION 2. IC 4-31-6-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1. (a) This section does not apply to:
        (1) law enforcement officers; or
        (2) reporters or other media employees assigned to cover events at a racetrack.
    (b) A person must be a licensee or licensed under IC 4-35-6.5 in order to:
        (1) participate in racing at a racetrack or at a satellite facility that permits the pari-mutuel form of wagering; or
        (2) work in any capacity for a permit holder or an employee or a subcontractor of a permit holder.
SOURCE: IC 4-31-11-11; (10)IN0405.1.3. -->     SECTION 3. IC 4-31-11-11 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 11. Each development fund consists of:
        (1) breakage and outs paid into the fund under IC 4-31-9-10;
        (2) appropriations by the general assembly;
        (3) gifts;
        (4) stakes payments;
        (5) entry fees; and
        (6) money paid into the fund under IC 4-33-12-6 or IC 4-35-7-12.
SOURCE: IC 4-33-2-7.5; (10)IN0405.1.4. -->     SECTION 4. IC 4-33-2-7.5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 7.5. "Flexible scheduling" refers to the practice of conducting gambling games and allowing the continuous ingress and egress of passengers patrons for the purpose of gambling. while a riverboat is docked.
SOURCE: IC 4-33-2-17; (10)IN0405.1.5. -->     SECTION 5. IC 4-33-2-17 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 17. "Riverboat" means either any of the following on which lawful gambling is authorized under this article:
        (1) A self-propelled excursion boat located in a county described

in IC 4-33-1-1(1) or IC 4-33-1-1(2) that complies with IC 4-33-6-6(a).
        (2) A vessel casino located in a historic hotel district.
         (3) A permanently moored vessel operating from a county described in IC 4-33-1-1(1) or IC 4-33-1-1(2).
         (4) An inland casino approved by the commission under IC 4-33-6-24.

SOURCE: IC 4-33-2-20; (10)IN0405.1.6. -->     SECTION 6. IC 4-33-2-20 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 20. "Home" means the city or county that is designated as the home of a riverboat by IC 4-33-9-17.
SOURCE: IC 4-33-4-1; (10)IN0405.1.7. -->     SECTION 7. IC 4-33-4-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 1. (a) The commission has the following powers and duties for the purpose of administering, regulating, and enforcing the system of riverboat gambling established under this article:
        (1) All powers and duties specified in this article.
        (2) All powers necessary and proper to fully and effectively execute this article.
        (3) Jurisdiction and supervision over the following:
            (A) All riverboat gambling operations in Indiana.
            (B) All persons on riverboats where gambling operations are conducted.
        (4) Investigate and reinvestigate applicants and license holders and determine the eligibility of applicants for licenses or operating agent contracts.
        (5) Select among competing applicants the applicants that promote the most economic development in a home dock area and that best serve the interests of the citizens of Indiana.
        (6) Take appropriate administrative enforcement or disciplinary action against a licensee or an operating agent.
        (7) Investigate alleged violations of this article.
        (8) Establish fees for licenses issued under this article.
        (9) Adopt appropriate standards for the design, appearance, aesthetics, and construction for riverboats and facilities.
        (10) Conduct hearings.
        (11) Issue subpoenas for the attendance of witnesses and subpoenas duces tecum for the production of books, records, and other relevant documents.
        (12) Administer oaths and affirmations to the witnesses.
        (13) Prescribe a form to be used by an operating agent or a licensee involved in the ownership or management of gambling

operations as an application for employment by potential employees.
        (14) Revoke, suspend, or renew licenses issued under this article.
        (15) Hire employees to gather information, conduct investigations, and carry out other tasks under this article.
        (16) Take any reasonable or appropriate action to enforce this article.
    (b) Applicants and license holders shall reimburse the commission for costs related to investigations and reinvestigations conducted under subsection (a)(4).

SOURCE: IC 4-33-4-13; (10)IN0405.1.8. -->     SECTION 8. IC 4-33-4-13 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 13. (a) This section does not apply to a riverboat:
         (1) located in a historic hotel district; or
        (2) described in IC 4-33-2-17(4).

    (b) After consulting with the United States Army Corps of Engineers, the commission may do the following:
        (1) Determine the waterways that are navigable waterways for purposes of this article.
        (2) Determine the navigable waterways that are suitable for the operation of riverboats under this article.
    (c) In determining the navigable waterways on which riverboats may operate, the commission shall do the following:
        (1) Obtain any required approvals from the United States Army Corps of Engineers for the operation of riverboats on those waterways.
        (2) Consider the economic benefit that riverboat gambling provides to Indiana.
        (3) Seek to ensure that all regions of Indiana share in the economic benefits of riverboat gambling.
SOURCE: IC 4-33-4-17; (10)IN0405.1.9. -->     SECTION 9. IC 4-33-4-17 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 17. (a) The commission shall decide promptly and in reasonable order all license applications.
    (b) Notwithstanding any provision of this article, no owner's license may be granted for any riverboat that is not to be docked in the city described under IC 4-33-6-1(a)(1) until the earlier of:
        (1) the issuance of an owner's license for a riverboat that is to be docked in the city described under IC 4-33-6-1(a)(1); or
        (2) September 1, 1994.
    (c) (b) A party aggrieved by an action of the commission denying, suspending, revoking, restricting, or refusing the renewal of a license may request a hearing before the commission. A request for a hearing

must be made to the commission in writing not more than ten (10) days after service of notice of the action of the commission.
    (d) (c) The commission shall serve notice of the commission's actions to a party by personal delivery or by certified mail. Notice served by certified mail is considered complete on the business day following the date of the mailing.
    (e) (d) The commission shall conduct all requested hearings promptly and in reasonable order.

SOURCE: IC 4-33-5-1; (10)IN0405.1.10. -->     SECTION 10. IC 4-33-5-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 1. An applicant for a license or an operating agent contract under this article must provide the following information to the commission:
        (1) The name, business address, and business telephone number of the applicant.
        (2) An identification of the applicant.
        (3) The following information for an applicant that is not an individual:
            (A) The state of incorporation or registration.
            (B) The names of all corporate officers.
            (C) The identity of the following:
                (i) Any person in which the applicant has an equity interest of at least one percent (1%) of all shares. The identification must include the state of incorporation or registration if applicable. However, an applicant that has a pending registration statement filed with the Securities and Exchange Commission is not required to provide information under this item.
                (ii) The shareholders or participants of the applicant. An applicant that has a pending registration statement filed with the Securities and Exchange Commission is required to provide only the names of persons holding an interest of more than one percent (1%) of all shares.
        (4) An identification of any business, including the state of incorporation or registration if applicable, in which an applicant or the spouse or children of an applicant has an equity interest of more than one percent (1%) of all shares.
        (5) If the applicant has been indicted, been convicted, pleaded guilty or nolo contendere, or forfeited bail concerning a criminal offense other than a traffic violation under the laws of any jurisdiction. The applicant must include the following information under this subdivision:
            (A) The name and location of the following:
                (i) The court.
                (ii) The arresting agency.
                (iii) The prosecuting agency.
            (B) The case number.
            (C) The date and type of offense.
            (D) The disposition of the case.
            (E) The location and length of incarceration.
        (6) If the applicant has had a license or certificate issued by a licensing authority in Indiana or any other jurisdiction denied, restricted, suspended, revoked, or not renewed. An applicant must provide the following information under this subdivision:
            (A) A statement describing the facts and circumstances concerning the denial, restriction, suspension, revocation, or nonrenewal.
            (B) The date each action described in clause (A) was taken.
            (C) The reason each action described in clause (A) was taken.
        (7) If the applicant has:
            (A) filed or had filed against the applicant a proceeding in bankruptcy; or
            (B) been involved in a formal process to adjust, defer, suspend, or work out the payment of a debt;
        including the date of filing, the name and location of the court, and the case and number of the disposition.
        (8) If the applicant has filed or been served with a complaint or notice filed with a public body concerning:
            (A) a delinquency in the payment of; or
            (B) a dispute over a filing concerning the payment of;
        a tax required under federal, state, or local law, including the amount, type of tax, the taxing agency, and times involved.
        (9) A statement listing the names and titles of public officials or officers of units of government and relatives of the public officials or officers who directly or indirectly:
            (A) have a financial interest in;
            (B) have a beneficial interest in;
            (C) are the creditors of;
            (D) hold a debt instrument issued by; or
            (E) have an interest in a contractual or service relationship with;
        an applicant.
        (10) If an applicant for an operating agent contract or an owner's or a supplier's license has directly or indirectly made a political contribution, loan, donation, or other payment to a candidate or an

office holder in Indiana not more than five (5) years before the date the applicant filed the application. An applicant must provide information concerning the amount and method of a payment described in this subdivision.
        (11) The name and business telephone number of the attorney who will represent the applicant in matters before the commission.
        (12) A description of a proposed or an approved riverboat gaming operation, including the following information:
            (A) The type of boat. riverboat.
            (B) The site or home dock location of the riverboat.
            (C) The expected economic benefit to local communities.
            (D) The anticipated or actual number of employees.
            (E) Any statements from the applicant concerning compliance with federal and state affirmative action guidelines.
            (F) Anticipated or actual admissions.
            (G) Anticipated or actual adjusted gross gaming receipts.
        (13) A description of the product or service to be supplied by the applicant if the applicant has applied for a supplier's license.
        (14) The following information from each licensee or operating agent involved in the ownership or management of gambling operations:
            (A) An annual balance sheet.
            (B) An annual income statement.
            (C) A list of the stockholders or other persons having at least a one percent (1%) beneficial interest in the gambling activities of the person who has been issued the owner's license or operating agent contract.
            (D) Any other information the commission considers necessary for the effective administration of this article.

SOURCE: IC 4-33-6-1; (10)IN0405.1.11. -->     SECTION 11. IC 4-33-6-1, AS AMENDED BY P.L.233-2007, SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 1. (a) The commission may issue to a person a license to own a riverboat subject to the numerical and geographical limitation of owner's licenses under this section, section 3.5 of this chapter, and IC 4-33-4-17. However, not more than ten (10) owner's licenses may be in effect at any time. Except as provided in subsection (b), those ten (10) licenses are as follows:
        (1) Not more than two (2) licenses for a riverboat that operates not more than two (2) riverboats that operate from the largest city located in the counties described under IC 4-33-1-1(1). Gary.
        (2) One (1) license for a riverboat that operates from the second

largest city located in the counties described under IC 4-33-1-1(1). Hammond.
        (3) One (1) license for a riverboat that operates from the third largest city located in the counties described under IC 4-33-1-1(1). East Chicago.
        (4) One (1) license for a city located in the counties described under IC 4-33-1-1(1). This license may not be issued to a city described in subdivisions (1) through (3). a riverboat that operates from Michigan City.
        (5) A total of five (5) licenses for riverboats that operate upon the Ohio River from the following counties:
            (A) Vanderburgh County.
            (B) Harrison County.
            (C) Switzerland County.
            (D) Ohio County.
            (E) Dearborn County.
        The commission may not issue a license to an applicant if the issuance of the license would result in more than one (1) riverboat operating from a county described in this subdivision.
    (b) If a city described in subsection (a)(2) or (a)(3) conducts two (2) elections under section 20 of this chapter, and the voters of the city do not vote in favor of permitting riverboat gambling at either of those elections, the license assigned to that city under subsection (a)(2) or (a)(3) may be issued to any city that:
        (1) does not already have a riverboat operating from the city; and
        (2) is located in a county described in IC 4-33-1-1(1).
    (c) (b) In addition to its power to issue owner's licenses under subsection (a), the commission may also enter into a contract under IC 4-33-6.5 with respect to the operation of one (1) riverboat on behalf of the commission in a historic hotel district.
    (d) (c) A person holding an owner's license may not move the person's riverboat from the county in which the riverboat was docked on January 1, 2007, to any other county.

SOURCE: IC 4-33-6-4; (10)IN0405.1.12. -->     SECTION 12. IC 4-33-6-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 4. (a) In determining whether to grant an owner's license to an applicant, the commission shall consider the following:
        (1) The character, reputation, experience, and financial integrity of the following:
            (A) The applicant.
            (B) A person that:
                (i) directly or indirectly controls the applicant; or
                (ii) is directly or indirectly controlled by the applicant or by a person that directly or indirectly controls the applicant.
        (2) The facilities or proposed facilities for the conduct of riverboat gambling.
        (3) The highest prospective total revenue to be collected by the state from the conduct of riverboat gambling.
        (4) The good faith affirmative action plan of each applicant to recruit, train, and upgrade minorities in all employment classifications.
        (5) The financial ability of the applicant to purchase and maintain adequate liability and casualty insurance.
        (6) If the applicant has adequate capitalization to provide and maintain a riverboat for the duration of the license.
        (7) The extent to which the applicant exceeds or meets other standards adopted by the commission.
    (b) This subsection does not apply to:
        (1) a licensed owner constructing a new riverboat under section 24 of this chapter; or
        (2) a person applying for an owner's license to assume control of a riverboat on which gambling games have been conducted under an owner's license issued to another person.

In an application for an owner's license, the applicant must submit to the commission a proposed design of the riverboat and the dock. The commission may not grant a license to an applicant if the commission determines that it will be difficult or unlikely for the riverboat to depart from the dock.
SOURCE: IC 4-33-6-5; (10)IN0405.1.13. -->     SECTION 13. IC 4-33-6-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 5. (a) This section applies only to an application concerning a riverboat described in IC 4-33-2-17(1) or IC 4-33-2-17(3).
    (b)
In an application for an owner's license, the applicant must state the dock at which the riverboat is based and the navigable waterway on which the riverboat will operate.
SOURCE: IC 4-33-6-6; (10)IN0405.1.14. -->     SECTION 14. IC 4-33-6-6, AS AMENDED BY P.L.170-2005, SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 6. (a) Except as provided in subsections (c) and (d), a riverboat that operates in a county described in IC 4-33-1-1(1) or IC 4-33-1-1(2) must:
        (1) have either:
            (A) a valid certificate of inspection from the United States Coast Guard for the carrying of at least five hundred (500) passengers; or
            (B) a valid certificate of compliance with marine structural and life safety standards determined by the commission; and
        (2) be at least one hundred fifty (150) feet in length.
    (b) This subsection applies only to a riverboat that operates on the Ohio River. A riverboat must replicate, as nearly as possible, historic Indiana steamboat passenger vessels of the nineteenth century. However, steam propulsion or overnight lodging facilities are not required under this subsection.
     (c) A riverboat described in IC 4-33-2-17(3) must have a valid certificate of compliance with marine structural and life safety standards for a permanently moored vessel as determined by the commission under section 23 of this chapter.
     (d) A riverboat constructed under section 24 of this chapter must comply with all applicable building codes and any construction and safety requirements imposed by the commission.
SOURCE: IC 4-33-6-10; (10)IN0405.1.15. -->     SECTION 15. IC 4-33-6-10 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 10. (a) An owner's license issued under this chapter permits the holder to own and operate one (1) riverboat and equipment for each license.
    (b) The holder of an owner's license issued under this chapter may implement flexible scheduling for the operation of the holder's riverboat under section 21 of this chapter.
    (c) Except as provided in subsections (d) and (e), an owner's license issued under this chapter must specify the place where the riverboat must operate and dock. However,
     (d) The commission may permit the a riverboat to dock at a temporary dock in the applicable city for a specific period of time not to exceed one (1) year after the owner's license is issued.
    (e) An owner's license issued with respect to a riverboat constructed under section 24 of this chapter must specify the site of the riverboat.

    (d) (f) An owner's initial license expires five (5) years after the effective date of the license.
SOURCE: IC 4-33-6-18; (10)IN0405.1.16. -->     SECTION 16. IC 4-33-6-18 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 18. (a) This subsection applies to cities described in section 1(a)(1) through 1(a)(4) or section (1)(b) of this chapter. The commission may not issue a license authorizing a riverboat to dock in a city unless the legislative body of the city has approved an ordinance permitting the docking of riverboats in the city.
    (b) This subsection applies to a county described in section 1(a)(5) of this chapter if the largest city in the county is contiguous to the Ohio

River. The commission may not issue a license authorizing a riverboat to dock in the county unless an ordinance permitting the docking of riverboats in the county has been approved by the legislative body of the largest city in the county. The license must specify that the home dock of the riverboat is to be located in the largest city in the county.
    (c) This subsection applies to a county described in section 1(a)(5) of this chapter if the largest city in the county is not contiguous to the Ohio River. The commission may not issue a license authorizing a riverboat to dock in the county unless an ordinance permitting the docking of riverboats in the county has been approved by the county fiscal body.
    (d) This subsection applies to a county in which a historic hotel district is located. The commission may not enter into a contract under IC 4-33-6.5 for the operation of a riverboat in the county unless an ordinance permitting the docking operation of riverboats in the county has been approved by the county fiscal body.
     (e) An ordinance adopted before January 1, 2010, authorizing a riverboat to dock in a city or county is sufficient to authorize the operation of a riverboat described in IC 4-33-2-17(4) in the city or county.

SOURCE: IC 4-33-6-21; (10)IN0405.1.17. -->     SECTION 17. IC 4-33-6-21 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 21. (a) A licensed owner may submit a plan for flexible scheduling to the commission by a date designated by the commission. Upon receipt of an appropriate plan, the commission shall authorize flexible scheduling, and the licensed owner shall implement the flexible scheduling plan by the date designated by the commission.
    (b) A licensed owner that:
        (1) submits a plan for flexible scheduling to the commission may include provisions; or
        (2) has implemented a flexible scheduling plan may amend the plan to include provisions;
to conduct gambling operations for up to twenty-four (24) hours a day. Upon receipt of a plan or an amendment to a plan concerning operating hours, the commission shall authorize the licensed owner to implement the plan or amendment for the days and hours specified in the plan or amendment. The licensed owner shall implement the provisions related to operating days and hours by the date designated by the commission. If the licensed owner fails or ceases to operate in accordance with the authorized provisions concerning operating days and hours, the commission may rescind the authorization.
     (c) Notwithstanding subsection (a), a licensed owner operating

a riverboat described in IC 4-33-2-17(4) shall implement flexible scheduling.

SOURCE: IC 4-33-6-23; (10)IN0405.1.18. -->     SECTION 18. IC 4-33-6-23 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 23. (a) A licensed owner may submit to the commission a plan for converting the licensed owner's self-propelled excursion boat into a permanently moored vessel.
    (b) Upon receiving the commission's approval of a conversion plan submitted under subsection (a), a licensed owner may remove the propulsion and navigation equipment that had been required to comply with section 6(a) of this chapter.
    (c) The commission shall:
        (1) determine the appropriate marine structural and life safety standards for a permanently moored vessel operated under this section; and
        (2) establish maintenance requirements and an inspection schedule to enforce the standards.
    (d) A licensed owner shall maintain a certificate of compliance with the standards determined under this section.
    (e) A licensed owner is not required to employ personnel that had been required to operate a self-propelled excursion boat.

SOURCE: IC 4-33-6-24; (10)IN0405.1.19. -->     SECTION 19. IC 4-33-6-24 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 24. (a) Subject to subsection (b), a licensed owner may submit to the commission a plan for the construction of an inland casino. The plan must include the proposed design of the casino and any related facilities and amenities.
    (b) A licensed owner may not construct an inland casino outside the boundaries of the following:
        (1) The city in which the licensed owner's riverboat was docked on January 1, 2010, in the case of a riverboat docked in any of the following cities:
            (A) Gary.
            (B) Hammond.
            (C) East Chicago.
            (D) Michigan City.
            (E) Evansville.
            (F) Lawrenceburg.
            (G) Rising Sun.
        (2) Posey Township of Harrison County, in the case of a riverboat docked in Harrison County on January 1, 2010.
        (3) Jefferson Township of Switzerland County, in the case of

a riverboat docked in Switzerland County on January 1, 2010.
    (c) If the commission determines that the plan:
        (1) promotes economic development within the home area of the riverboat; and
        (2) satisfies the requirements of this section;
the commission shall approve the licensed owner's plan.
    (d) The commission shall evaluate an inland casino plan submitted under this section using the following criteria:
        (1) The proposed facilities of the casino and any related facilities and amenities.
        (2) The highest prospective total revenue to be collected by the state from the conduct of gambling at the casino.
        (3) The good faith affirmative action plan of the licensed owner to recruit, train, and upgrade minorities in all employment classifications.
        (4) The financial ability of the licensed owner to purchase and maintain adequate liability and casualty insurance.
        (5) Whether the applicant has adequate capitalization to provide and maintain a casino for the duration of the license.
        (6) The extent to which the applicant exceeds or meets other standards adopted by the commission.
    (e) Except as provided in section 25 of this chapter, the licensed owner submitting an inland casino plan approved under subsection (c) shall:
        (1) pay a relocation fee of fifty million dollars ($50,000,000) to the commission within ninety (90) days after the date the commission approves the plan; and
        (2) implement the approved plan before the date designated by the commission.
    (f) The commission shall transfer all fees collected under subsection (e) to the treasurer of state for deposit in the state general fund.

SOURCE: IC 4-33-6-25; (10)IN0405.1.20. -->     SECTION 20. IC 4-33-6-25 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 25. (a) This section applies only to a licensed owner that operates two (2) riverboats from Gary.
    (b) If the licensed owner submits an inland casino plan approved under section 24 of this chapter, the licensed owner may relinquish the owner's license held by the licensed owner for the operation of a second riverboat in Gary to the commission in lieu of paying the relocation fee imposed by section 24(e) of this chapter.
    (c) The term of a second owner's license relinquished under this

section terminates on the date designated by the commission. The licensed owner shall relinquish the license to the commission in the manner required by the commission.
    (d) A licensed owner that relinquishes an owner's license under this section may not simultaneously conduct gaming operations at an inland casino and a Lake Michigan riverboat.

SOURCE: IC 4-33-9-1; (10)IN0405.1.21. -->     SECTION 21. IC 4-33-9-1, AS AMENDED BY P.L.142-2009, SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 1. Gambling may be conducted on a riverboat or in a facility in which an event approved under section 10.5 of this chapter is conducted by:
        (1) a licensed owner;
        (2) an operating agent; or
        (3) a trustee in accordance with IC 4-33-21.
SOURCE: IC 4-33-9-10; (10)IN0405.1.22. -->     SECTION 22. IC 4-33-9-10 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 10. (a) Wagers may be received only from a person present on a riverboat or in a facility in which an event approved under section 10.5 of this chapter is conducted.
    (b)
A person present on a riverboat or in a facility in which an event approved under section 10.5 of this chapter is conducted may not place or attempt to place a wager on behalf of another person who is not present on the riverboat or in the facility during the approved event.
SOURCE: IC 4-33-9-10.5; (10)IN0405.1.23. -->     SECTION 23. IC 4-33-9-10.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 10.5. (a) A licensed owner or an operating agent may apply to the commission for approval to conduct card tournaments or other large gaming events at a facility other than the riverboat on which the licensed owner or operating agent is authorized to conduct gambling games under this article.
    (b) The application must specify the facility in which the licensed owner or operating agent will conduct the gaming event if the application is approved. The facility must be in a hotel or other permanent structure owned or leased by the licensed owner or operating agent within close proximity of the riverboat on which the licensed owner or operating agent is authorized to conduct gambling games under this article.
    (c) The application must be submitted on a form prescribed by the commission. The application must state the:
        (1) date;
        (2) time;
        (3) place; and
        (4) nature;
of the proposed gaming event. The commission may require the applicant to submit any additional information relevant to the commission's consideration of the application.
    (d) As a condition of its approval, the commission may impose upon the applicant any requirement that the commission determines is necessary to protect the credibility and integrity of gambling operations authorized by this article.

SOURCE: IC 4-33-9-17; (10)IN0405.1.24. -->     SECTION 24. IC 4-33-9-17 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 17. The following are designated as the homes of each riverboat operating under this article:
        (1) The city in which a riverboat described in IC 4-33-2-17(1) or IC 4-33-2-17(3) is docked if the riverboat is docked in:
            (A) a city adjacent to Lake Michigan; or
            (B) the largest city of a county adjacent to the Ohio River.
        (2) The county in which a riverboat described in IC 4-33-2-17(1) or IC 4-33-2-17(3) is docked if the riverboat is:
            (A) docked in a county that is adjacent to the Ohio River; but
            (B) not docked in the largest city of that county.
        (3) The county in which the riverboat is located if the riverboat is located in a historic hotel district.
        (4) The city in which a riverboat described in IC 4-33-2-17(4) is located if the riverboat is located in:

             (A) a city adjacent to Lake Michigan; or
            (B) the largest city of a county adjacent to the Ohio River.
        (5) The county in which a riverboat described in IC 4-33-2-17(4) is located if the riverboat is:
            (A) located in a county that is adjacent to the Ohio River; but
            (B) not located in the largest city of that county.

SOURCE: IC 4-33-11-2; (10)IN0405.1.25. -->     SECTION 25. IC 4-33-11-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 2. An appeal of a final rule or order of the commission may be commenced under IC 4-21.5 in the circuit court of the county containing the dock where or site of the riverboat. is based.
SOURCE: IC 4-33-12-1; (10)IN0405.1.26. -->     SECTION 26. IC 4-33-12-1, AS AMENDED BY P.L.233-2007, SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE

JULY 1, 2010]: Sec. 1. (a) This subsection does not apply to a riverboat that has implemented flexible scheduling under IC 4-33-6-21. A tax is imposed on admissions to gambling excursions authorized under this article at a rate of three dollars ($3) for each person admitted to the gambling excursion. This admission tax is imposed upon the licensed owner conducting the gambling excursion.
    (b) This subsection applies only to a riverboat that has implemented flexible scheduling under IC 4-33-6-21 or IC 4-33-6.5. A tax is imposed on the admissions to a riverboat that has implemented flexible scheduling under IC 4-33-6-21 or IC 4-33-6.5 at the following rate:
        (1) Four dollars ($4) for each person admitted to a riverboat that docks in a county described in IC 4-33-1-1(3). This admission tax is imposed upon the operating agent of the riverboat.
        (2) rate of three dollars ($3) for each person admitted to a the riverboat. that docks in any other county. This admission tax is imposed upon the licensed owner or operating agent operating the riverboat.
    (c) The commission may by rule determine the point at which a person is considered to be:
        (1) admitted to a gambling excursion, in the case of a riverboat subject to subsection (a); or
        (2) admitted to a riverboat, in the case of a riverboat subject to subsection (b);
for purposes of collecting the admissions tax under this chapter.

SOURCE: IC 4-33-12-6; (10)IN0405.1.27. -->     SECTION 27. IC 4-33-12-6, AS AMENDED BY P.L.146-2008, SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 6. (a) The department shall place in the state general fund the tax revenue collected under this chapter.
    (b) Except as provided by subsections (c) and (d) and IC 6-3.1-20-7, the treasurer of state shall quarterly pay the following amounts:
        (1) Except as provided in subsection (k), one dollar ($1) of the admissions tax collected by the licensed owner for each person embarking on a gambling excursion during the quarter or admitted to a riverboat that has implemented flexible scheduling under IC 4-33-6-21 during the quarter shall be paid to:
            (A) the city in which the riverboat is located or docked, if the city:
                (i) is located in a county having a population of more than one hundred ten thousand (110,000) but less than one hundred fifteen thousand (115,000); or
                (ii) is contiguous to the Ohio River and is the largest city in the county; and
            (B) the county in which the riverboat is located or docked, if the riverboat is not located or docked in a city described in clause (A).
        (2) Except as provided in subsection (k), one dollar ($1) of the admissions tax collected by the licensed owner for each person:
            (A) embarking on a gambling excursion during the quarter; or
            (B) admitted to a riverboat during the quarter that has implemented flexible scheduling under IC 4-33-6-21;
        shall be paid to the county in which the riverboat is located or docked. In the case of a county described in subdivision (1)(B), this one dollar ($1) is in addition to the one dollar ($1) received under subdivision (1)(B).
        (3) Except as provided in subsection (k), ten cents ($0.10) of the admissions tax collected by the licensed owner for each person:
            (A) embarking on a gambling excursion during the quarter; or
            (B) admitted to a riverboat during the quarter that has implemented flexible scheduling under IC 4-33-6-21;
        shall be paid to the county convention and visitors bureau or promotion fund for the county in which the riverboat is located or docked.
        (4) Except as provided in subsection (k), fifteen cents ($0.15) of the admissions tax collected by the licensed owner for each person:
            (A) embarking on a gambling excursion during the quarter; or
            (B) admitted to a riverboat during a quarter that has implemented flexible scheduling under IC 4-33-6-21;
        shall be paid to the state fair commission, for use in any activity that the commission is authorized to carry out under IC 15-13-3.
        (5) Except as provided in subsection (k), ten cents ($0.10) of the admissions tax collected by the licensed owner for each person:
            (A) embarking on a gambling excursion during the quarter; or
            (B) admitted to a riverboat during the quarter that has implemented flexible scheduling under IC 4-33-6-21;
        shall be paid to the division of mental health and addiction. The division shall allocate at least twenty-five percent (25%) of the funds derived from the admissions tax to the prevention and treatment of compulsive gambling.
        (6) Except as provided in subsection (k) and section 7 of this chapter, sixty-five cents ($0.65) of the admissions tax collected by the licensed owner for each person embarking on a gambling excursion during the quarter or admitted to a riverboat during the quarter that has implemented flexible scheduling under

IC 4-33-6-21 shall be paid to the Indiana horse racing commission to be distributed as follows, in amounts determined by the Indiana horse racing commission, for the promotion and operation of horse racing in Indiana:
            (A) To one (1) or more breed development funds established by the Indiana horse racing commission under IC 4-31-11-10.
            (B) To a racetrack that was approved by the Indiana horse racing commission under IC 4-31. The commission may make a grant under this clause only for purses, promotions, and routine operations of the racetrack. No grants shall be made for long term capital investment or construction, and no grants shall be made before the racetrack becomes operational and is offering a racing schedule.
    (c) With respect to tax revenue collected from a riverboat located in a historic hotel district, the treasurer of state shall quarterly pay the following: amounts:
        (1) With respect to admissions taxes collected for a person admitted to the riverboat before July 1, 2010, the following amounts:
            (A)
Twenty-two percent (22%) of the admissions tax collected during the quarter shall be paid to the county treasurer of the county in which the riverboat is docked. located. The county treasurer shall distribute the money received under this subdivision clause as follows:
                (A) (i) Twenty-two and seventy-five hundredths percent (22.75%) shall be quarterly distributed to the county treasurer of a county having a population of more than thirty-nine thousand six hundred (39,600) but less than forty thousand (40,000) for appropriation by the county fiscal body after receiving a recommendation from the county executive. The county fiscal body for the receiving county shall provide for the distribution of the money received under this clause item to one (1) or more taxing units (as defined in IC 6-1.1-1-21) in the county under a formula established by the county fiscal body after receiving a recommendation from the county executive.
                (B) (ii) Twenty-two and seventy-five hundredths percent (22.75%) shall be quarterly distributed to the county treasurer of a county having a population of more than ten thousand seven hundred (10,700) but less than twelve thousand (12,000) for appropriation by the county fiscal body. The county fiscal body for the receiving county shall

provide for the distribution of the money received under this clause item to one (1) or more taxing units (as defined in IC 6-1.1-1-21) in the county under a formula established by the county fiscal body after receiving a recommendation from the county executive.
                (C) (iii) Fifty-four and five-tenths percent (54.5%) shall be retained by the county where the riverboat is docked located for appropriation by the county fiscal body after receiving a recommendation from the county executive.
            (2) (B) Five percent (5%) of the admissions tax collected during the quarter shall be paid to a town having a population of more than two thousand two hundred (2,200) but less than three thousand five hundred (3,500) located in a county having a population of more than nineteen thousand three hundred (19,300) but less than twenty thousand (20,000). At least twenty percent (20%) of the taxes received by a town under this subdivision clause must be transferred to the school corporation in which the town is located.
            (3) (C) Five percent (5%) of the admissions tax collected during the quarter shall be paid to a town having a population of more than three thousand five hundred (3,500) located in a county having a population of more than nineteen thousand three hundred (19,300) but less than twenty thousand (20,000). At least twenty percent (20%) of the taxes received by a town under this subdivision clause must be transferred to the school corporation in which the town is located.
            (4) (D) Twenty percent (20%) of the admissions tax collected during the quarter shall be paid in equal amounts to each town that:
                (A) (i) is located in the county in which the riverboat docks; is located; and
                (B) (ii) contains a historic hotel.
            At least twenty percent (20%) of the taxes received by a town under this subdivision clause must be transferred to the school corporation in which the town is located.
            (5) (E) Ten percent (10%) of the admissions tax collected during the quarter shall be paid to the Orange County development commission established under IC 36-7-11.5. At least one-third (1/3) of the taxes paid to the Orange County development commission under this subdivision clause must be transferred to the Orange County convention and visitors bureau.


            (6) (F) Thirteen percent (13%) of the admissions tax collected during the quarter shall be paid to the West Baden Springs historic hotel preservation and maintenance fund established by IC 36-7-11.5-11(b).
            (7) (G) Twenty-five percent (25%) of the admissions tax collected during the quarter shall be paid to the Indiana economic development corporation to be used by the corporation for the development and implementation of a regional economic development strategy to assist the residents of the county in which the riverboat is located and residents of contiguous counties in improving their quality of life and to help promote successful and sustainable communities. The regional economic development strategy must include goals concerning the following issues:
                (A) (i) Job creation and retention.
                (B) (ii) Infrastructure, including water, wastewater, and storm water infrastructure needs.
                (C) (iii) Housing.
                (D) (iv) Workforce training.
                (E) (v) Health care.
                (F) (vi) Local planning.
                (G) (vii) Land use.
                (H) (viii) Assistance to regional economic development groups.
                (I) (ix) Other regional development issues as determined by the Indiana economic development corporation.
         (2) With respect to admissions taxes collected for a person admitted to the riverboat after June 30, 2010, the following amounts:
             (A) Twenty-nine and thirty-three hundredths percent (29.33%) to the county treasurer of Orange County. The county treasurer shall distribute the money received under this clause as follows:
                (i) Twenty-two and seventy-five hundredths percent (22.75%) to the county treasurer of Dubois County for distribution in the manner described in subdivision (1)(A)(i).
                (ii) Twenty-two and seventy-five hundredths percent (22.75%) to the county treasurer of Crawford County for distribution in the manner described in subdivision (1)(A)(ii).

                 (iii) Fifty-four and five-tenths percent (54.5%) to be

retained by the county treasurer of Orange County for appropriation by the county fiscal body after receiving a recommendation from the county executive.
            (B) Six and sixty-seven hundredths percent (6.67%) to the fiscal officer of the town of Orleans. At least twenty percent (20%) of the taxes received by the town under this clause must be transferred to Orleans Community Schools.
            (C) Six and sixty-seven hundredths percent (6.67%) to the fiscal officer of the town of Paoli. At least twenty percent (20%) of the taxes received by the town under this clause must be transferred to the Paoli Community School Corporation.

             (D) Twenty-six and sixty-seven hundredths percent (26.67%) to be paid in equal amounts to the fiscal officers of the towns of French Lick and West Baden Springs. At least twenty percent (20%) of the taxes received by a town under this clause must be transferred to the Springs Valley Community School Corporation.
             (E) Thirty and sixty-six hundredths percent (30.66%) to the Indiana economic development corporation to be used in the manner described in subdivision (1)(G).
    (d) With respect to tax revenue collected from a riverboat that operates from a county having a population of more than four hundred thousand (400,000) but less than seven hundred thousand (700,000), the treasurer of state shall quarterly pay the following amounts:
        (1) Except as provided in subsection (k), one dollar ($1) of the admissions tax collected by the licensed owner for each person:
            (A) embarking on a gambling excursion during the quarter; or
            (B) admitted to a riverboat during the quarter that has implemented flexible scheduling under IC 4-33-6-21;
        shall be paid to the city in which the riverboat is located or docked.
        (2) Except as provided in subsection (k), one dollar ($1) of the admissions tax collected by the licensed owner for each person:
            (A) embarking on a gambling excursion during the quarter; or
            (B) admitted to a riverboat during the quarter that has implemented flexible scheduling under IC 4-33-6-21;
        shall be paid to the county in which the riverboat is located or docked.
        (3) Except as provided in subsection (k), nine cents ($0.09) of the admissions tax collected by the licensed owner for each person:
            (A) embarking on a gambling excursion during the quarter; or


            (B) admitted to a riverboat during the quarter that has implemented flexible scheduling under IC 4-33-6-21;
        shall be paid to the county convention and visitors bureau or promotion fund for the county in which the riverboat is located or docked.
        (4) Except as provided in subsection (k), one cent ($0.01) of the admissions tax collected by the licensed owner for each person:
            (A) embarking on a gambling excursion during the quarter; or
            (B) admitted to a riverboat during the quarter that has implemented flexible scheduling under IC 4-33-6-21;
        shall be paid to the northwest Indiana law enforcement training center.
        (5) Except as provided in subsection (k), fifteen cents ($0.15) of the admissions tax collected by the licensed owner for each person:
            (A) embarking on a gambling excursion during the quarter; or
            (B) admitted to a riverboat during a quarter that has implemented flexible scheduling under IC 4-33-6-21;
        shall be paid to the state fair commission for use in any activity that the commission is authorized to carry out under IC 15-13-3.
        (6) Except as provided in subsection (k), ten cents ($0.10) of the admissions tax collected by the licensed owner for each person:
            (A) embarking on a gambling excursion during the quarter; or
            (B) admitted to a riverboat during the quarter that has implemented flexible scheduling under IC 4-33-6-21;
        shall be paid to the division of mental health and addiction. The division shall allocate at least twenty-five percent (25%) of the funds derived from the admissions tax to the prevention and treatment of compulsive gambling.
        (7) Except as provided in subsection (k) and section 7 of this chapter, sixty-five cents ($0.65) of the admissions tax collected by the licensed owner for each person embarking on a gambling excursion during the quarter or admitted to a riverboat during the quarter that has implemented flexible scheduling under IC 4-33-6-21 shall be paid to the Indiana horse racing commission to be distributed as follows, in amounts determined by the Indiana horse racing commission, for the promotion and operation of horse racing in Indiana:
            (A) To one (1) or more breed development funds established by the Indiana horse racing commission under IC 4-31-11-10.
            (B) To a racetrack that was approved by the Indiana horse racing commission under IC 4-31. The commission may make

a grant under this clause only for purses, promotions, and routine operations of the racetrack. No grants shall be made for long term capital investment or construction, and no grants shall be made before the racetrack becomes operational and is offering a racing schedule.
    (e) Money paid to a unit of local government under subsection (b)(1) through (b)(2), (c)(1) through (c)(4), or (d)(1) through (d)(2): subsection (b), (c), or (d):
        (1) must be paid to the fiscal officer of the unit and may be deposited in the unit's general fund or riverboat fund established under IC 36-1-8-9, or both;
        (2) may not be used to reduce the unit's maximum levy under IC 6-1.1-18.5 but may be used at the discretion of the unit to reduce the property tax levy of the unit for a particular year;
        (3) may be used for any legal or corporate purpose of the unit, including the pledge of money to bonds, leases, or other obligations under IC 5-1-14-4; and
        (4) is considered miscellaneous revenue.
    (f) Money paid by the treasurer of state under subsection (b)(3) or (d)(3) shall be:
        (1) deposited in:
            (A) the county convention and visitor promotion fund; or
            (B) the county's general fund if the county does not have a convention and visitor promotion fund; and
        (2) used only for the tourism promotion, advertising, and economic development activities of the county and community.
    (g) Money received by the division of mental health and addiction under subsections (b)(5) and (d)(6):
        (1) is annually appropriated to the division of mental health and addiction;
        (2) shall be distributed to the division of mental health and addiction at times during each state fiscal year determined by the budget agency; and
        (3) shall be used by the division of mental health and addiction for programs and facilities for the prevention and treatment of addictions to drugs, alcohol, and compulsive gambling, including the creation and maintenance of a toll free telephone line to provide the public with information about these addictions. The division shall allocate at least twenty-five percent (25%) of the money received to the prevention and treatment of compulsive gambling.
    (h) This subsection applies to the following:


        (1) Each entity receiving money under subsection (b).
        (2) Each entity receiving money under subsection (d)(1) through (d)(2).
        (3) Each entity receiving money under subsection (d)(5) through (d)(7).
The treasurer of state shall determine the total amount of money paid by the treasurer of state to an entity subject to this subsection during the state fiscal year 2002. The amount determined under this subsection is the base year revenue for each entity subject to this subsection. The treasurer of state shall certify the base year revenue determined under this subsection to each entity subject to this subsection.
    (i) This subsection applies to an entity receiving money under subsection (d)(3) or (d)(4). The treasurer of state shall determine the total amount of money paid by the treasurer of state to the entity described in subsection (d)(3) during state fiscal year 2002. The amount determined under this subsection multiplied by nine-tenths (0.9) is the base year revenue for the entity described in subsection (d)(3). The amount determined under this subsection multiplied by one-tenth (0.1) is the base year revenue for the entity described in subsection (d)(4). The treasurer of state shall certify the base year revenue determined under this subsection to each entity subject to this subsection.
    (j) This subsection does not apply to an entity receiving money under subsection (c). For state fiscal years beginning after June 30, 2002, the total amount of money distributed to an entity under this section during a state fiscal year may not exceed the entity's base year revenue as determined under subsection (h) or (i). If the treasurer of state determines that the total amount of money distributed to an entity under this section during a state fiscal year is less than the entity's base year revenue, the treasurer of state shall make a supplemental distribution to the entity under IC 4-33-13-5(g).
    (k) This subsection does not apply to an entity receiving money under subsection (c). For state fiscal years beginning after June 30, 2002, the treasurer of state shall pay that part of the riverboat admissions taxes that:
        (1) exceeds a particular entity's base year revenue; and
        (2) would otherwise be due to the entity under this section;
to the state general fund instead of to the entity.
SOURCE: IC 4-33-13-6; (10)IN0405.1.28. -->     SECTION 28. IC 4-33-13-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 6. (a) Money paid to a unit of local government under this chapter:
        (1) must be paid to the fiscal officer of the unit and may be

deposited in the unit's general fund or riverboat fund established under IC 36-1-8-9, or both;
        (2) may not be used to reduce the unit's maximum or actual levy under IC 6-1.1-18.5; and
        (3) may be used for any legal or corporate purpose of the unit, including the pledge of money to bonds, leases, or other obligations under IC 5-1-14-4.
    (b) This chapter does not prohibit the city or county designated as the home dock of the riverboat from entering into agreements with other units of local government in Indiana or in other states to share the city's or county's part of the tax revenue received under this chapter.

SOURCE: IC 4-33-21-7; (10)IN0405.1.29. -->     SECTION 29. IC 4-33-21-7, AS ADDED BY P.L.142-2009, SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 7. (a) A trustee acting under the authority of this chapter must fulfill the trustee's duties as a fiduciary for the owner of the riverboat. In addition, the trustee shall consider the effect of the trustee's actions upon:
        (1) the amount of taxes remitted by the trustee under IC 4-33-12 and IC 4-33-13;
        (2) the riverboat's dock city or and county in which the riverboat is located;
        (3) the riverboat's employees; and
        (4) the creditors of the owner of the riverboat.
    (b) In balancing the interests described in subsection (a), a trustee shall conduct gambling operations on the riverboat in a manner that enhances the credibility and integrity of riverboat gambling in Indiana while minimizing disruptions to tax revenues, incentive payments, employment, and credit obligations.
SOURCE: IC 4-35-2-10; (10)IN0405.1.30. -->     SECTION 30. IC 4-35-2-10, AS ADDED BY P.L.233-2007, SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 10. "Supplier's license" means a license issued under IC 4-35-6. IC 4-33-7.
SOURCE: IC 4-35-7-12; (10)IN0405.1.31. -->     SECTION 31. IC 4-35-7-12, AS AMENDED BY P.L.142-2009, SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 12. (a) The Indiana horse racing commission shall enforce the requirements of this section.
    (b) Except as provided in subsections subsection (j), and (k), a licensee shall before the fifteenth day of each month devote to the gaming integrity fund, horse racing purses, and to horsemen's associations an amount equal to fifteen percent (15%) of the adjusted gross receipts of the slot machine wagering from the previous month at the licensee's racetrack. The Indiana horse racing commission may

not use any of this money for any administrative purpose or other purpose of the Indiana horse racing commission, and the entire amount of the money shall be distributed as provided in this section. A licensee shall pay the first two hundred fifty thousand dollars ($250,000) distributed under this section in a state fiscal year to the Indiana horse racing commission for deposit in the gaming integrity fund established by IC 4-35-8.7-3. After this money has been distributed to the Indiana horse racing commission, a licensee shall distribute the remaining money devoted to horse racing purses and to horsemen's associations under this subsection as follows:
        (1) Five-tenths percent (0.5%) shall be transferred to horsemen's associations for equine promotion or welfare according to the ratios specified in subsection (e).
        (2) Two and five-tenths percent (2.5%) shall be transferred to horsemen's associations for backside benevolence according to the ratios specified in subsection (e).
        (3) Ninety-seven percent (97%) shall be distributed to promote horses and horse racing as provided in subsection (d).
    (c) A horsemen's association shall expend the amounts distributed to the horsemen's association under subsection (b)(1) through (b)(2) for a purpose promoting the equine industry or equine welfare or for a benevolent purpose that the horsemen's association determines is in the best interests of horse racing in Indiana for the breed represented by the horsemen's association. Expenditures under this subsection are subject to the regulatory requirements of subsection (f).
    (d) A licensee shall distribute the amounts described in subsection (b)(3) as follows:
        (1) Forty-six percent (46%) for thoroughbred purposes as follows:
            (A) Sixty percent (60%) for the following purposes:
                (i) Ninety-seven percent (97%) for thoroughbred purses.
                (ii) Two and four-tenths percent (2.4%) to the horsemen's association representing thoroughbred owners and trainers.
                (iii) Six-tenths percent (0.6%) to the horsemen's association representing thoroughbred owners and breeders.
            (B) Forty percent (40%) to the breed development fund established for thoroughbreds under IC 4-31-11-10.
        (2) Forty-six percent (46%) for standardbred purposes as follows:
            (A) Fifty percent (50%) for the following purposes:
                (i) Ninety-six and five-tenths percent (96.5%) for standardbred purses.
                (ii) Three and five-tenths percent (3.5%) to the horsemen's association representing standardbred owners and trainers.


            (B) Fifty percent (50%) to the breed development fund established for standardbreds under IC 4-31-11-10.
        (3) Eight percent (8%) for quarter horse purposes as follows:
            (A) Seventy percent (70%) for the following purposes:
                (i) Ninety-five percent (95%) for quarter horse purses.
                (ii) Five percent (5%) to the horsemen's association representing quarter horse owners and trainers.
            (B) Thirty percent (30%) to the breed development fund established for quarter horses under IC 4-31-11-10.
Expenditures under this subsection are subject to the regulatory requirements of subsection (f).
    (e) Money distributed under subsection (b)(1) and (b)(2) shall be allocated as follows:
        (1) Forty-six percent (46%) to the horsemen's association representing thoroughbred owners and trainers.
        (2) Forty-six percent (46%) to the horsemen's association representing standardbred owners and trainers.
        (3) Eight percent (8%) to the horsemen's association representing quarter horse owners and trainers.
    (f) Money distributed under this section may not be expended unless the expenditure is for a purpose authorized in this section and is either for a purpose promoting the equine industry or equine welfare or is for a benevolent purpose that is in the best interests of horse racing in Indiana or the necessary expenditures for the operations of the horsemen's association required to implement and fulfill the purposes of this section. The Indiana horse racing commission may review any expenditure of money distributed under this section to ensure that the requirements of this section are satisfied. The Indiana horse racing commission shall adopt rules concerning the review and oversight of money distributed under this section and shall adopt rules concerning the enforcement of this section. The following apply to a horsemen's association receiving a distribution of money under this section:
        (1) The horsemen's association must annually file a report with the Indiana horse racing commission concerning the use of the money by the horsemen's association. The report must include information as required by the commission.
        (2) The horsemen's association must register with the Indiana horse racing commission.
    (g) The commission shall provide the Indiana horse racing commission with the information necessary to enforce this section.
    (h) The Indiana horse racing commission shall investigate any complaint that a licensee has failed to comply with the horse racing

purse requirements set forth in this section. If, after notice and a hearing, the Indiana horse racing commission finds that a licensee has failed to comply with the purse requirements set forth in this section, the Indiana horse racing commission may:
        (1) issue a warning to the licensee;
        (2) impose a civil penalty that may not exceed one million dollars ($1,000,000); or
        (3) suspend a meeting permit issued under IC 4-31-5 to conduct a pari-mutuel wagering horse racing meeting in Indiana.
    (i) A civil penalty collected under this section must be deposited in the state general fund.
    (j) For a state fiscal year beginning after June 30, 2008, and ending before July 1, 2009, the amount of money dedicated to the purposes described in subsection (b) for a particular state fiscal year is equal to the lesser of:
        (1) fifteen percent (15%) of the licensee's adjusted gross receipts for the state fiscal year; or
        (2) eighty-five million dollars ($85,000,000).
If fifteen percent (15%) of a licensee's adjusted gross receipts for the state fiscal year exceeds the amount specified in subdivision (2), the licensee shall transfer the amount of the excess to the commission for deposit in the state general fund. The licensee shall adjust the transfers required under this section in the final month of the state fiscal year to comply with the requirements of this subsection.
    (k) For a state fiscal year beginning after June 30, 2009, the amount of money dedicated to the purposes described in subsection (b) for a particular state fiscal year is equal to the lesser of:
        (1) fifteen percent (15%) of the licensee's adjusted gross receipts for the state fiscal year; or
        (2) the amount dedicated to the purposes described in subsection (b) in the previous state fiscal year increased by a percentage that does not exceed the percent of increase in the United States Department of Labor Consumer Price Index during the year preceding the year in which an increase is established.
If fifteen percent (15%) of a licensee's adjusted gross receipts for the state fiscal year exceeds the amount specified in subdivision (2), the licensee shall transfer the amount of the excess to the commission for deposit in the state general fund. The licensee shall adjust the transfers required under this section in the final month of the state fiscal year to comply with the requirements of this subsection.

SOURCE: IC 4-35-10-3; (10)IN0405.1.32. -->     SECTION 32. IC 4-35-10-3, AS ADDED BY P.L.104-2008, SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE

UPON PASSAGE]: Sec. 3. (a) The following information submitted, collected, or gathered as part of an application to the commission for a license is confidential for purposes of IC 5-14-3-4:
        (1) Any information concerning a minor child of an applicant.
        (2) The Social Security number of an applicant or the spouse of an applicant.
        (3) The home telephone number of an applicant or the spouse or children of an applicant.
        (4) An applicant's birth certificate.
        (5) An applicant's or applicant's spouse's driver's license number.
        (6) The name or address of a previous spouse of the applicant.
        (7) The date of birth of the spouse of an applicant.
        (8) The place of birth of the spouse of an applicant.
        (9) The personal financial records of an applicant or the spouse or minor child of an applicant.
        (10) Any information concerning a victim of domestic violence, sexual assault, or stalking.
        (11) The electronic mail address of an applicant or spouse or family member of the applicant.
    (b) Except as provided in subsections (c) and (d), in addition to information that is confidential under subsection (a), all information maintained by the commission concerning an individual who holds, held, or has applied for an occupational license under this article:
        (1) is confidential for purposes of IC 5-14-3; and
        (2) may be released by the commission only for law enforcement purposes or to a state or local public agency.
    (c) The following information concerning an individual who holds, held, or has applied for an occupational license under this article is not confidential:
        (1) The individual's name.
        (2) The individual's place of employment.
        (3) The individual's job title.
        (4) The individual's gaming experience.
        (5) The reason for denial or revocation of a license or for disciplinary action against the individual.
        (6) Information submitted by the individual for a felony waiver request under IC 4-33-8-11. IC 4-35-6.5-11.
    (d) An individual who holds, held, or has applied for an occupational license under this article may waive the confidentiality requirements of subsection (b).

SOURCE: IC 4-36-7-4; (10)IN0405.1.33. -->     SECTION 33. IC 4-36-7-4, AS AMENDED BY P.L.108-2009, SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE

UPON PASSAGE]: Sec. 4. (a) The state police department shall, at the request of the commission, provide the following:
        (1) Assistance in obtaining criminal history information relevant to investigations required for honest, secure, and exemplary operations under this article.
        (2) Any other assistance requested by the executive director commission and agreed to by the superintendent of the state police department.
    (b) Any other state agency, including the Indiana gaming commission and the Indiana professional licensing agency, shall upon request provide the commission with information relevant to an investigation conducted under this article.

SOURCE: IC 5-14-3-4.4; (10)IN0405.1.34. -->     SECTION 34. IC 5-14-3-4.4 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2011]: Sec. 4.4. (a) Section 3 of this chapter does not apply to disbursement information reported to the attorney general under IC 4-6-14-5 if the following conditions are met:
        (1) The disbursement was made with respect to negotiations with an industrial, research, or commercial prospect for the purpose of persuading the prospect to invest in the locality, to build or relocate a business or organization in the locality, or to perform or provide other economic development services or benefits for the locality.
        (2) The person required to prepare the annual report under IC 4-6-14-5 specifies in the annual report that the disbursement was made for a purpose described in subdivision (1) and requests permission from the attorney general to keep the information confidential in the manner required by IC 4-6-14-6.
        (3) The attorney general grants permission to the person to keep the information confidential.
    (b) Notwithstanding subsection (a), section 3 of this chapter applies to disbursement information reported to the attorney general under IC 4-6-14-5 if:
        (1) the attorney general determines that a violation of applicable state or federal law relating to the disbursement has occurred and the attorney general takes enforcement action under the applicable law; or
        (2) the attorney general, in furtherance of an investigation, refers the disbursement information to a state, federal, or local law enforcement agency or a government agency with responsibility for enforcement of state or federal law, or a

local ordinance, and the agency receiving the disbursement information from the attorney general determines that a violation of applicable law has occurred and takes enforcement action under the applicable law.

SOURCE: IC 7.1-3-17.5-6; (10)IN0405.1.35. -->     SECTION 35. IC 7.1-3-17.5-6, AS AMENDED BY P.L.94-2008, SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 6. Notwithstanding IC 7.1-5-5-7, the holder of a gaming site permit may, subject to the approval of the commission, provide alcoholic beverages to guests without charge at an event on the licensed premises. if all the following requirements are met:
        (1) Each alcoholic beverage dispensed to a guest:
            (A) is entered into a cash register that records and itemizes on the cash register tape each alcoholic beverage dispensed; and
            (B) is entered into a cash register as a sale and at the same price that is charged to the general public.
        (2) At the conclusion of the event, all alcoholic beverages recorded on the cash register tape are paid by the holder of the gaming site permit.
        (3) All records of the alcoholic beverage sales, including the cash register tape, shall be maintained by the holder of the gaming site permit for not less than two (2) years.
        (4) The holder of the gaming site permit complies with the rules of the commission.
SOURCE: IC 7.1-3-17.5-7; (10)IN0405.1.36. -->     SECTION 36. IC 7.1-3-17.5-7 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 7. Notwithstanding any other law, the commission shall adopt rules to authorize a person holding a permit issued under this chapter to engage in the following trade practices and marketing activities:
        (1) Private labeling.
        (2) Product placement.
        (3) Exclusive marketing agreements with brewers, distillers, and vintners.

SOURCE: IC 36-7-11.5-11; (10)IN0405.1.37. -->     SECTION 37. IC 36-7-11.5-11, AS AMENDED BY P.L.234-2007, SECTION 287, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 11. (a) As used in this section, "fund" refers to the West Baden Springs historic hotel preservation and maintenance fund established by subsection (b).
    (b) The West Baden Springs historic hotel preservation and maintenance fund is established. The fund consists of the following:
        (1) Amounts deposited in the fund under IC 4-33-6.5-6, IC 4-33-12-6(c), and IC 4-33-13-5(b).
        (2) Grants and gifts that the department of natural resources receives for the fund under terms, obligations, and liabilities that the department considers appropriate.
        (3) The one million dollar ($1,000,000) initial fee paid to the gaming commission under IC 4-33-6.5.
        (4) Any amount transferred to the fund upon the repeal of IC 36-7-11.5-8 (the community trust fund).
The fund shall be administered by the department of natural resources. The expenses of administering the fund shall be paid from money in the fund.
    (c) The treasurer of state shall invest the money in the fund that is not currently needed to meet the obligations of the fund in the same manner as other public funds may be invested. The treasurer of state shall deposit in the fund the interest that accrues from the investment of the fund.
    (d) Money in the fund at the end of a state fiscal year does not revert to the state general fund.
    (e) No money may be appropriated from the fund except as provided in this subsection. The general assembly may appropriate The interest accruing to the fund is annually appropriated to the department of natural resources only for the following purposes:
        (1) To reimburse the claims made for expenditures to maintain the parts of a qualified historic hotel that were restored before July 1, 2003, as determined by the owner of the qualified historic hotel.
        (2) To reimburse claims made for expenditures to maintain the grounds surrounding a qualified historic hotel, as determined by the owner of the qualified historic hotel.
    (f) The department of natural resources shall promptly pay each claim for a purpose described in subsection (e) to the extent of the balance of interest available in the fund. If insufficient money is available to fully pay all of the submitted claims, the department of natural resources shall pay the claims in the order in which they are received until each claim is fully paid.
     (g) No Money may not be appropriated distributed from the fund for restoration purposes if the restoration is to occur occurs after July 1, 2003.
     (h) Notwithstanding IC 4-9.1-1-7, IC 4-12-1-12, IC 4-13-2-18, or any other law, interest accruing to the fund may not be withheld, transferred, assigned, or reassigned to another purpose.
SOURCE: IC 4-33-2-17.5; (10)IN0405.1.38. -->     SECTION 38. IC 4-33-2-17.5 IS REPEALED [EFFECTIVE JULY 1, 2010].
SOURCE: ; (10)IN0405.1.39. -->     SECTION 39. [EFFECTIVE JULY 1, 2010] (a) IC 4-33-12-1, as amended by this act, applies with respect to a person who is admitted to a riverboat in a state fiscal year beginning after June 30, 2010.
    (b) This SECTION expires January 1, 2012.

SOURCE: ; (10)IN0405.1.40. -->     SECTION 40. An emergency is declared for this act.