HB 1004-33_ Filed 02/26/2002, 10:15 Simpson
SENATE MOTION
MR. PRESIDENT:
I move
that Engrossed House Bill 1004 be amended to read as follows:
SOURCE: Page 9, line 2; (02)MO100488.9. -->
Page 9, between lines 2 and 3, begin a new paragraph and insert:
SOURCE: IC 4-31-7.5-14; (02)MO100488.12. -->
"SECTION 12. IC 4-31-7.5-14 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2002]: Sec. 14. (a) A tax is imposed on the
adjusted gross receipts received from the sale of pari-mutuel pull
tabs authorized under this article at the rate of thirty percent
(30%) of the amount of the adjusted gross receipts.
(b) The permit holder shall remit the tax imposed by this section
to the department before the close of the business day following the
day the pari-mutuel pull tabs are sold.
(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 permit holder to file a monthly report to reconcile the
amounts remitted to the department.
(e) The department may allow taxes remitted under this section
to be reported on the same form used for taxes paid under
IC 4-31-9.
SOURCE: IC 4-31-7.5-15; (02)MO100488.13. -->
SECTION 13. IC 4-31-7.5-15 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2002]: Sec. 15. (a) The state pull tab
wagering fund is established. Money in the fund does not revert to
the state general fund at the end of the state fiscal year.
(b) The department shall deposit tax revenue collected under
section 14 of this chapter in the state pull tab wagering fund.
(c) Each month, the treasurer of state shall distribute the tax
revenue deposited in the state pull tab wagering fund under this
section as follows:
(1) Twenty-five percent (25%) of the tax revenue remitted by
each permit holder shall be paid:
(A) to the city in which the racetrack from which the tax
revenue was collected is located, in the case of a racetrack
that is located in an incorporated area; or
(B) to the county in which the racetrack from which the tax
revenue was collected is located, in the case of a racetrack
that is located in an unincorporated area.
(2) After the distributions required under subdivision (1) are
made, the next twenty-six million dollars ($26,000,000) of tax
revenue shall be paid to the horse racing commission to be
distributed as follows, in amounts determined by the horse
racing commission, for the promotion and operation of horse
racing:
(A) To a breed development fund established by the horse
racing commission under IC 4-31-11-10.
(B) To each racetrack that has been approved by the horse
racing commission under this article. The horse racing
commission may make a grant under this clause only for
purses and promotions.
(3) After the distributions required under subdivisions (1) and
(2) are made, the remainder of tax revenue remitted by each
permit holder shall be paid to the build Indiana fund lottery
and gaming surplus account.
SOURCE: IC 4-31-11-11; (02)MO100488.14. -->
SECTION 14. IC 4-31-11-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: 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.
IC 4-33-13-5(a)(2)(A).
SOURCE: IC 4-33-4-21.2; (02)MO100488.15. -->
SECTION 15. IC 4-33-4-21.2, AS AMENDED BY P.L.215-2001,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 21.2. (a) The Indiana gaming commission shall
require a licensed owner to conspicuously display the number of the
toll free telephone line described in IC 4-33-12-6 (before its repeal)
in the following locations:
(1) On each admission ticket to a riverboat gambling excursion.
(2) On a poster or placard that is on display in a public area of
each riverboat where gambling games are conducted.
(b) The toll free telephone line described in IC 4-33-12-6 (before its
repeal) must be:
(1) maintained by the division of mental health and addiction
under IC 12-23-1-6; and
(2) funded by the addiction services fund established by
IC 12-23-2-2.
(c) The commission may adopt rules under IC 4-22-2 necessary to
carry out this section.
SOURCE: IC 4-33-13-1; (02)MO100488.16. -->
SECTION 16. IC 4-33-13-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 1. (a) A tax is imposed
on the adjusted gross receipts received from gambling games
authorized under this article at the rate of:
twenty percent (20%) (1) twenty-five percent (25%) of the
amount first one hundred million dollars ($100,000,000) of the
adjusted gross receipts received during the period beginning
July 1 of each year and ending June 30 of the following year;
(2) twenty-nine percent (29%) of the adjusted gross receipts
exceeding one hundred million dollars ($100,000,000) but are
less than two hundred million dollars ($200,000,000) that are
received during the period beginning July 1 of each year and
ending June 30 of the following year; and
(3) thirty-three percent (33%) of the adjusted gross receipts
of a taxpayer that equal or exceed two hundred million dollars
($200,000,000) that are received during the period beginning
July 1 of each year and ending June 30 of the following year.
(b) The licensed owner shall remit the tax imposed by this chapter
to the department before the close of the business day following the day
the wagers are made.
(c) The department may require payment under this section to be
made by electronic funds transfer (as defined in IC 4-8.1-2-7(e)).
(d) If the department requires taxes to be remitted under this chapter
through electronic funds transfer, the department may allow the
licensed owner to file a monthly report to reconcile the amounts
remitted to the department.
(e) The department may allow taxes remitted under this section to
be reported on the same form used for taxes paid under IC 4-33-12
(before its repeal).
SOURCE: IC 4-33-13-5; (02)MO100488.17. -->
SECTION 17. IC 4-33-13-5, AS AMENDED BY P.L.273-1999,
SECTION 44, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 5.
(a) This subsection does not apply to a
riverboat located in a historic preservation district described in
IC 4-33-1-1(3). After funds are appropriated under section 4 of this
chapter, each
month year the treasurer of state shall distribute the tax
revenue deposited in the state gaming fund under this chapter to the
following:
(1)
Twenty-five percent (25%) Thirty percent (30%) of the tax
revenue remitted by each licensed owner shall be paid
as follows:
(A) to the city that is designated as the home dock of the
riverboat from which the tax revenue was collected, in the case
of a city described in IC 4-33-12-6(b)(1)(A);
(B) in equal shares to the counties described in IC 4-33-1-1(3),
in the case of a riverboat whose home dock is on Patoka Lake;
or
(C) (A) Twenty percent (20%) to the county that is
designated as the home dock of in which the riverboat from
which the tax revenue was collected in the case of a riverboat
whose home dock is not in a city described in clause (A) or a
county described in clause (B); and is located.
(B) Two percent (2%) to the county convention and
visitor's bureau of the county in which the riverboat from
which the tax revenue was collected is located.
(C) The remainder to the city that is designated as the
home dock of the riverboat from which the tax revenue
was collected in the case of a riverboat docked in a city
that:
(i) is described in IC 4-33-6-1(a)(1) through
IC 4-33-6-1(a)(4) or in IC 4-33-6-1(b); or
(ii) is contiguous to the Ohio River and is the largest city
in the county.
If the riverboat is not docked in a city described in item (i)
or (ii), then the amount paid under this clause must be paid
to the county in which the riverboat from which the tax
revenue was collected is located.
The treasurer of state shall distribute the amounts that are
required to be paid under this subdivision to the counties,
cities, and convention and visitor's bureaus on a monthly
basis.
(2) Seventy-five Seventy percent (75%) (70%) of the tax revenue
remitted by each licensed owner shall be paid as follows:
(A) Twenty-six million dollars ($26,000,000) minus the
amount, if any, paid to the Indiana horse racing
commission under IC 4-31-7.5-15 shall be paid to the 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:
(i) To one (1) or more breed development funds
established by the Indiana horse racing commission
under IC 4-31-11-10.
(ii) To each racetrack that has been 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 a
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.
(iii) To county and 4-H fairs for the maintenance and
operation of horse racing facilities.
(B) Five million dollars ($5,000,000) to the division of
mental health and addiction to be used as provided in
IC 4-33-12-6(5), as that statute was in effect before its
repeal.
(C) Six million five hundred thousand dollars ($6,500,000)
to the state fair commission for use in any activity that the
commission is authorized to carry out under IC 15-1.5-3.
(D) The remainder to the build Indiana fund lottery and
gaming surplus account.
(b) This subsection applies only to a riverboat located in a
historic preservation district described in IC 4-33-1-1(3). After
funds are appropriated under section 4 of this chapter, each year
the treasurer of state shall distribute the tax revenue deposited in
the state gaming fund under this chapter to the following:
(1) Fifty percent (50%) to the build Indiana fund lottery and
gaming surplus account.
(2) Twenty-five percent (25%) to the historic preservation
district described in IC 4-33-1-1(3).
(3) Twenty percent (20%) to the counties that are contiguous
to Patoka Lake. This amount shall be divided evenly among
the counties that are contiguous to Patoka Lake.
(4) Five percent (5%) to the towns that are described in
IC 4-33-1-1(3). This amount shall be divided evenly among the
towns.
(c) If a permit holder sells pull tabs at a racetrack or satellite
facility, the maximum amount that the Indiana horse racing
commission may grant for routine operations at the permit
holder's racetrack under subsection (a)(2)(A)(ii) is equal to:
(1) the total amount granted under this section in a calendar
year to a racetrack operated by a permit holder under a
recognized meeting permit first issued before January 1,
2002; minus
(2) the total adjusted gross receipts reported by a permit
holder under IC 4-31-7.5-14 for the twelve (12) months
immediately preceding the date on which the grant is
distributed.".
SOURCE: Page 85, line 25; (02)MO100488.85. -->
Page 85, between lines 25 and 26, begin a new paragraph and insert:
SOURCE: IC 6-3.1-20-7; (02)MO100488.82. -->
"SECTION 82. IC 6-3.1-20-7, AS ADDED BY P.L.151-2001,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 7. (a) The department shall before July 1 of each
year determine the amount of credits allowed under this chapter for
taxable years ending before January 1 of the year.
(b) One-half (1/2) of the amount determined by the department
under subsection (a) shall be:
(1) deducted during the year from the riverboat admissions
wagering tax revenue otherwise payable to the county under
IC 4-33-12-6(b)(2); IC 4-33-13-5(a)(1)(A); and
(2) paid instead to the state general fund.
(c) One-sixth (1/6) of the amount determined by the department
under subsection (a) shall be:
(1) deducted during the year from the riverboat admissions
wagering tax revenue otherwise payable under
IC 4-33-12-6(b)(1) IC 4-33-13-5(a)(1)(C) to each of the
following:
(A) The largest city by population located in the county.
(B) The second largest city by population located in the
county.
(C) The third largest city by population located in the county;
and
(2) paid instead to the state general fund.".
SOURCE: Page 99, line 17; (02)MO100488.99. -->
Page 99, line 17, after "(IC 4-33-12)" insert " (repealed)".
Page 102, between lines 8 and 9, begin a new paragraph and insert:
SOURCE: IC 8-18-8-5; (02)MO100488.101. -->
"SECTION 101. IC 8-18-8-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 5. (a) Except as
provided in subsection (c), all expenses incurred in the maintenance of
county highways shall be paid out of funds from the gasoline tax,
special fuel tax, and the motor vehicle registration fees that are paid to
the counties by the state, and from funds derived from the:
(1) county motor vehicle excise surtax;
(2) county wheel tax;
(3) county adjusted gross income tax;
(4) county option income tax; or
(5) riverboat admission tax (IC 4-33-12); or
(6) (5) riverboat wagering tax (IC 4-33-13).
(b) Except as provided in subsection (c), no ad valorem property tax
may be levied by any county for the maintenance of county highways,
except in an emergency and by unanimous vote of the county fiscal
body.
(c) The county fiscal body may appropriate money from the county
general fund to the county highway department to pay for employees'
personal services.".
SOURCE: Page 107, line 32; (02)MO100488.107. -->
Page 107, between lines 32 and 33, begin a new paragraph and
insert:
SOURCE: IC 12-23-2-2; (02)MO100488.109. -->
"SECTION 109. IC 12-23-2-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 2. The addiction
services fund is established for the deposit of excise taxes on alcoholic
beverages as described in IC 7.1-4-11 and taxes on riverboat
admissions wagering taxes under IC 4-33-12-6. IC 4-33-13-5.
SOURCE: IC 12-23-2-5; (02)MO100488.110. -->
SECTION 110. IC 12-23-2-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 5. The general
assembly shall appropriate money from the addiction services fund
solely for the purpose of funding programs:
(1) that provide prevention services and intervention and
treatment services for individuals who are psychologically or
physiologically dependent upon alcohol or other drugs; and
(2) for the prevention and treatment of gambling problems.
Programs funded by the addiction services fund must include the
creation and maintenance of a toll free telephone line under
IC 4-33-12-6-(f)(3), as that statute was in effect before its repeal, to
provide the public with information about programs that provide help
with gambling, alcohol, and drug addiction problems.
SOURCE: IC 12-23-2-7; (02)MO100488.111. -->
SECTION 111. IC 12-23-2-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 7. For each state fiscal
year, the division may not spend more than an amount equal to five
percent (5%) of the total amount received by the division from the fund
established under section 2 of this chapter for the administrative costs
associated with the use of money received from the fund. The division
shall allocate at least twenty-five percent (25%) of the funds derived
from the riverboat admissions wagering tax under IC 4-33-12-6
IC 4-33-13 to the prevention and treatment of compulsive gambling.".
SOURCE: Page 112, line 6; (02)MO100488.112. -->
Page 112, between lines 6 and 7, begin a new paragraph and insert:
SOURCE: IC 20-5-6-9; (02)MO100488.112. -->
"SECTION 112. IC 20-5-6-9, AS ADDED BY P.L.17-2000,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 9. (a) As used in this section, "public school
endowment corporation" means a corporation that is:
(1) organized under the Indiana Nonprofit Corporation Act of
1991 (IC 23-17);
(2) organized exclusively for educational, charitable, and
scientific purposes; and
(3) formed for the purpose of providing educational resources to:
(A) a particular school corporation or school corporations; or
(B) the schools in a particular geographic area.
(b) As used in this section, "proceeds from riverboat gaming" means
tax revenue received by a political subdivision under IC 4-33-12-6
(before its repeal), IC 4-33-13, or an agreement to share a city's or
county's part of the tax revenue.
(c) As used in this section, "political subdivision" has the meaning
set forth in IC 36-1-2-13.
(d) A political subdivision may donate proceeds from riverboat
gaming to a public school endowment corporation under the following
conditions:
(1) The public school endowment corporation retains all rights to
the donation, including investment powers.
(2) The public school endowment corporation agrees to return the
donation to the political subdivision if the corporation:
(A) loses the corporation's status as a public charitable
organization;
(B) is liquidated; or
(C) violates any condition of the endowment set by the fiscal
body of the political subdivision.
(e) A public school endowment corporation may distribute both
principal and income.".
SOURCE: Page 125, line 14; (02)MO100488.125. -->
Page 125, between lines 14 and 15, begin a new paragraph and
insert:
SOURCE: IC 36-1-8-9; (02)MO100488.125. -->
"SECTION 125. IC 36-1-8-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 9. (a) Each unit that
receives tax revenue under IC 4-33-12-6 (before its repeal),
IC 4-33-13, or an agreement to share a city's or county's part of the tax
revenue may establish a riverboat fund. Money in the fund may be used
for any legal or corporate purpose of the unit.
(b) The riverboat fund established under subsection (a) shall be
administered by the unit's treasurer, and the expenses of administering
the fund shall be paid from money in the fund. Money in the fund not
currently needed to meet the obligations of the fund may be invested
in the same manner as other public funds may be invested. Interest that
accrues from these investments shall be deposited in the fund. Money
in the fund at the end of a particular fiscal year does not revert to the
unit's general fund.
SOURCE: IC 36-1-14-1; (02)MO100488.126. -->
SECTION 126. IC 36-1-14-1, AS AMENDED BY P.L.17-2000,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 1. (a) This section does not apply to donations of
proceeds from riverboat gaming to a public school endowment
corporation under IC 20-5-6-9.
(b) As used in this section, "riverboat gaming revenue" means tax
revenue received by a unit under IC 4-33-12-6 (before its repeal),
IC 4-33-13, or an agreement to share a city's or county's part of the tax
revenue.
(c) Notwithstanding IC 8-1.5-2-6(d), a unit may donate the proceeds
from the sale of a utility or facility or from a grant, a gift, a donation,
an endowment, a bequest, a trust, or riverboat gaming revenue to a
foundation under the following conditions:
(1) The foundation is a charitable nonprofit community
foundation.
(2) The foundation retains all rights to the donation, including
investment powers.
(3) The foundation agrees to do the following:
(A) Hold the donation as a permanent endowment.
(B) Distribute the income from the donation only to the unit as
directed by resolution of the fiscal body of the unit.
(C) Return the donation to the general fund of the unit if the
foundation:
(i) loses the foundation's status as a public charitable
organization;
(ii) is liquidated; or
(iii) violates any condition of the endowment set by the
fiscal body of the unit.".
SOURCE: Page 157, line 11; (02)MO100488.157. -->
Page 157, between lines 11 and 12, begin a new paragraph and
insert:
SOURCE: IC 4-33-12; IC 4-33-15.".
; (02)MO100488.153. -->
"SECTION 153. THE FOLLOWING ARE REPEALED
[EFFECTIVE JULY 1, 2002]: IC 4-33-12; IC 4-33-15.".
Renumber all SECTIONS consecutively.
(Reference is to EHB 1004 as printed February 22, 2002.)
________________________________________
MO100488/DI 92 2002