HB 1835-2_ Filed 02/22/2007, 07:11 Turner
Text Box
PREVAILED Roll Call No. _______
FAILED Ayes _______
WITHDRAWN Noes _______
RULED OUT OF ORDER
[
HOUSE MOTION ____
]
MR. SPEAKER:
I move that House Bill 1835 be amended to read as follows:
SOURCE: Page 1, line 9; (07)MO183502.1. -->
Page 1, between lines 9 and 10, begin a new paragraph and insert:
SOURCE: IC 4-31-3-8; (07)MO183502.3. -->
"SECTION 3. IC 4-31-3-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2008]: Sec. 8. The
commission shall:
(1) prescribe the rules and conditions under which horse racing at
a recognized meeting may be conducted;
(2) initiate safeguards as necessary to account for the amount of
money wagered at each track or satellite facility in each wagering
pool;
(3) require all permit holders to provide a photographic or
videotape recording, approved by the commission, of the entire
running of all races conducted by the permit holder;
(4) make annual reports concerning its operations and
recommendations to the governor and, in an electronic format
under IC 5-14-6, to the general assembly; and
(5) carry out the provisions of IC 15-5-5.5, after considering
recommendations received from the Indiana standardbred
advisory board under IC 15-5-5.5.
SOURCE: IC 4-31-3-9; (07)MO183502.4. -->
SECTION 4. IC 4-31-3-9 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2008]: Sec. 9. The commission may:
(1) adopt rules under IC 4-22-2, including emergency rules under
IC 4-22-2-37.1, to implement this article, including rules that
prescribe:
(A) the forms of wagering that are permitted;
(B) the number of races;
(C) the procedures for wagering;
(D) the wagering information to be provided to the public;
(E) fees for the issuance and renewal of:
(i) permits under IC 4-31-5; and
(ii) satellite facility licenses under IC 4-31-5.5; and
(iii) (ii) licenses for racetrack personnel and racing
participants under IC 4-31-6;
(F) investigative fees;
(G) fines and penalties; and
(H) any other regulation that the commission determines is in
the public interest in the conduct of recognized meetings and
wagering on horse racing in Indiana;
(2) appoint employees in the manner provided by IC 4-15-2 and
fix their compensation, subject to the approval of the budget
agency under IC 4-12-1-13;
(3) enter into contracts necessary to implement this article; and
(4) receive and consider recommendations from an advisory
development committee established under IC 4-31-11.
SOURCE: IC 4-31-4-1.5; (07)MO183502.5. -->
SECTION 5. IC 4-31-4-1.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2008]: Sec. 1.5. (a) This
section applies only if a local public question is required under section
2
2.5, or 2.7 of this chapter.
(b) This section does not apply to
either of the following:
(1) a permit holder who satisfies all of the following:
(A) (1) The permit holder was issued a permit before January
2, 1996.
(B) (2) The permit holder conducted live racing before January
2, 1996.
(C) (3) The permit holder is currently operating under the
permit.
(2) A person who satisfies all of the following:
(A) The person was issued a satellite facility license before
January 2, 1996.
(B) The person operated a satellite facility before January 2,
1996.
(C) The person is currently operating the satellite facility
under the license.
(c) In addition to the requirements of section 1 of this chapter, a
person may not conduct or assist in conducting a horse racing meeting
in which the pari-mutuel system of wagering is permitted unless the
voters of the county in which the races are to be conducted have
approved conducting a horse racing meeting using the pari-mutuel
system of wagering in the county.
(d) In addition to the requirements of section 1.3 of this chapter, a
person may not operate under a satellite facility license unless the
voters of the county in which the satellite facility will be operated have
approved the operation of a satellite facility in the county.".
SOURCE: Page 2, line 23; (07)MO183502.2. -->
Page 2, between lines 23 and 24, begin a new paragraph and insert:
SOURCE: IC 4-31-4-2.7; (07)MO183502.7. -->
"SECTION 7. IC 4-31-4-2.7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2008]: Sec. 2.7. (a) This
section does not apply to either of the following:
(1) a permit holder who satisfies all of the following:
(A) (1) The permit holder was issued a permit before January
2, 1996.
(B) (2) The permit holder conducted live racing before January
2, 1996.
(C) (3) The permit holder is currently operating under the
permit.
(2) A person who satisfies all of the following:
(A) The person was issued a satellite facility license before
January 2, 1996.
(B) The person operated a satellite facility before January 2,
1996.
(C) The person is currently operating the satellite facility
under the license.
(b) This section applies only if either of the following apply:
(1) the recognized meeting permit is for conducting a horse racing
meeting on public property.
(2) The satellite facility license is for operating a satellite facility
on public property.
(c) As used in this section, "public property" refers to real property
owned by, or not more than two (2) years before issuance of the permit
or license any interest in which is transferred by, any of the following:
(1) The federal government.
(2) The state.
(3) A political subdivision (as defined in IC 36-1-2-13).
(4) An agency or instrumentality of an entity described in
subdivision (1), (2), or (3).
(d) Notwithstanding any other provision of this article, the
commission may not do either of the following:
(1) issue a recognized meeting permit under IC 4-31-5 to allow
the conducting of or the assisting of the conducting of a horse
racing meeting unless the voters of the county in which the public
property is located have approved the conducting of recognized
meetings in the county.
(2) Issue a satellite facility license under IC 4-31-5.5 unless the
voters of the county in which the public property is located have
approved the operation of a satellite facility in the county.
SOURCE: IC 4-31-4-3; (07)MO183502.8. -->
SECTION 8. IC 4-31-4-3 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2008]: Sec. 3. (a) This section does not
apply to either of the following:
(1) a permit holder who satisfies all of the following:
(A) (1) The permit holder was issued a permit before January
2, 1996.
(B) (2) The permit holder conducted live racing before January
2, 1996.
(C) (3) The permit holder is currently operating under the
permit.
(2) A person who satisfies all of the following:
(A) The person was issued a satellite facility license before
January 2, 1996.
(B) The person operated a satellite facility before January 2,
1996.
(C) The person is currently operating the satellite facility
under the license.
(b) This section applies if either of the following apply:
(1) Both of the following are satisfied:
(A) An ordinance is adopted under section 2 or 2.5 of this
chapter.
(B) The ordinance requires the voters of the county to approve
either of the following:
(i) the conducting of horse racing meetings in the county.
(ii) The operation of a satellite facility in the county.
(2) A local public question is required to be held under section
2.7 of this chapter following the filing of a petition with the
circuit court clerk:
(A) signed by at least the number of registered voters of the
county required under IC 3-8-6-3 to place a candidate on the
ballot; and
(B) requesting that the local public question set forth in
subsection (d) be placed on the ballot.
(c) Notwithstanding any other provision of this article, the
commission may not issue a recognized meeting permit under
IC 4-31-5 to allow the conducting of or the assisting of the conducting
of a horse racing meeting unless the voters of the county in which the
property is located have approved conducting recognized meetings in
the county.
(d) For a local public question required to be held under subsection
(c), the county election board shall place the following question on the
ballot in the county during the next general election:
"Shall horse racing meetings at which pari-mutuel wagering
occurs be allowed in _____________ County?".
(e) Notwithstanding any other provision of this article, the
commission may not issue a satellite facility license under IC 4-31-5.5
to operate a satellite facility unless the voters of the county in which the
satellite facility will be located approve the operation of the satellite
facility in the county.
(f) For a local public question required to be held under subsection
(e), the county election board shall place the following question on the
ballot in the county during the next general election:
"Shall satellite facilities at which pari-mutuel wagering occurs be
allowed in _____________ County?".
(g) (e) A public question under this section must be certified in
accordance with IC 3-10-9-3 and shall be placed on the ballot in
accordance with IC 3-10-9.
(h) (f) The circuit court clerk of a county holding an election under
this chapter shall certify the results determined under IC 3-12-4-9 to
the commission and the department of state revenue.
(i) (g) If a public question is placed on the ballot under subsection
(d) or (f) in a county and the voters of the county do not vote in favor
of the public question, a second public question under that subsection
may not be held in the county for at least two (2) years. If the voters of
the county vote to reject the public question a second time, a third or
subsequent public question under that subsection may not be held in
the county until the general election held during the tenth year
following the year of the previous public question held under that
subsection.".
SOURCE: Page 3, line 2; (07)MO183502.3. -->
Page 3, delete lines 2 through 42.
Page 4, delete lines 1 through 14, begin a new paragraph and insert:
SOURCE: IC 4-31-6-1; (07)MO183502.9. -->
"SECTION 9. IC 4-31-6-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2008]: 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 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: Page 4, line 17; (07)MO183502.4. -->
Page 4, line 17, strike "or a license to operate a".
Page 4, line 18, strike "satellite facility".
Page 4, line 19, strike "or the satellite facility".
Page 4, line 29, after "chapter" insert ",".
Page 4, line 29, strike "and IC 4-31-5.5,".
Page 4, strike lines 40 through 41.
Page 4, line 42, delete "(d)" and insert " (c)".
Page 5, between lines 2 and 3, begin a new paragraph and insert:
SOURCE: IC 4-31-7-3; (07)MO183502.11. -->
"SECTION 11. IC 4-31-7-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2008]: Sec. 3. (a) The
following equipment must be provided and maintained in good
working order at each permit holder's racetrack: or satellite facility, as
applicable:
(1) A totalizator for win, place, and show wagering. The
totalizator must:
(A) be of a design approved by the commission;
(B) be capable of registering by automatic mechanical,
electric, or electronic means on central aggregators all wagers
made on each horse, entry, or the field in each of the win,
place, and show pools;
(C) display the totals wagered in a manner that permits ready
tabulation and recording of those totals by the commission's
representative before they are cleared from the central
aggregators; and
(D) display to the public on a board running totals of amounts
wagered in each of the win, place, and show pools on each
entry in each race.
(2) A telephone system connecting the judges' stand with the
office of the pari-mutuel plant and any other stations considered
necessary by the commission.
(3) A system of bells that shall be rung from the judges' stand to
signal the close of wagering.
(4) A button in the judges' stand that, when pressed, will lock
ticket-issuing machines and close wagering for each race.
(b) In addition to the requirements of subsection (a), a permit holder
may conduct exotic wagering only by the use of automatic mechanical,
electric, or electronic devices that:
(1) print and issue tickets evidencing individual wagers;
(2) locally print a permanent record of the tickets issued by each
machine or register on central aggregators by automatic
mechanical, electric, or electronic means the total dollar value of
those tickets; and
(3) permit ready tabulation and recording of those figures by the
commission's representative before they are cleared from the
central aggregators.
SOURCE: IC 4-31-7-8; (07)MO183502.12. -->
SECTION 12. IC 4-31-7-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2008]: Sec. 8. (a) As used in
this section, "host facility" means:
(1) the racetrack at which the horse race is run; or
(2) the facility that is designated as the host facility if the horse
race is run in a jurisdiction that is not participating in the
interstate combined wagering pool.
(b) As used in this section, "host jurisdiction" means the jurisdiction
in which the host facility is located.
(c) As used in this section, "interstate combined wagering pool"
means a pari-mutuel pool established in one (1) jurisdiction that is
combined with comparable pari-mutuel pools from at least one (1)
other horse racing jurisdiction.
(d) As used in this section, "racing jurisdiction" or "jurisdiction"
means a governmental jurisdiction that is responsible for the regulation
of pari-mutuel wagering in that jurisdiction and is a member of the
Association of Racing Commissioners International.
(e) Notwithstanding any other law, the commission may authorize
a permit holder to participate in an interstate combined wagering pool
that is established for the purpose of establishing payoff prices in the
various jurisdictions. When such a permit holder participates in an
interstate combined wagering pool, the permit holder may adopt the
take-out of the host jurisdiction or facility.
(f) The commission may approve types of wagering, distribution of
winnings, and rules of racing for interstate combined wagering pools
that are different from those that normally apply in Indiana.
(g) The commission may do the following:
(1) Allow a permit holder to use at least one (1) of the permit
holder's races for an interstate combined wagering pool at
locations outside the commission's jurisdiction.
(2) Allow pari-mutuel pools in other states to be combined with
pari-mutuel pools in Indiana for the purpose of establishing an
interstate combined wagering pool.
(h) A permit holder's participation in a combined interstate wagering
pool does not cause that permit holder to be considered to be doing
business in any jurisdiction other than the jurisdiction in which the
permit holder is physically located.
(i) Pari-mutuel taxes or commissions may not be imposed on any
amounts wagered in an interstate combined wagering pool other than
amounts wagered in Indiana.
(j) Breakage for interstate combined wagering pools shall be
calculated in accordance with the statutes or rules of the host
jurisdiction and must be distributed among the participating
jurisdictions in a manner agreed to among the jurisdictions.
(k) All wagers accepted by a satellite facility on races originating
from a racetrack in Indiana shall be transmitted to the racetrack for
inclusion in the racetrack's appropriate wagering pool for the purpose
of calculating payoffs to bettors.".
SOURCE: Page 5, line 5; (07)MO183502.5. -->
Page 5, line 5, strike "or a license to operate a satellite".
Page 5, line 6, strike "facility".
Page 5, line 8, strike "or satellite facility".
Page 5, line 13, after "racetrack" insert ".".
Page 5, line 13, strike "or satellite facility.".
Page 5, between lines 13 and 14, begin a new paragraph and insert:
SOURCE: IC 4-31-9-1.5; (07)MO183502.14. -->
"SECTION 14. IC 4-31-9-1.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2008]: Sec. 1.5. A person that
holds a permit to conduct a horse racing meeting
or a permit holder
licensed to operate a satellite facility shall retain the following amounts
from the money withheld under section 1 of this chapter:
(1) For pari-mutuel wagers made at a permit holder's racetrack on
live races, an amount equal to:
(A) eight percent (8%) of the total amount of money wagered
on win, place, and show pools on each racing day; plus
(B) eleven and one-half percent (11.5%) of the total amount of
money wagered on exotic wagering pools on each racing day.
(2) For pari-mutuel wagers made at a permit holder's satellite
facility on simulcasts of races originating from the permit holder's
racetrack, an amount equal to:
(A) ten percent (10%) of the total amount of money wagered
on win, place, and show pools on each day; plus
(B) thirteen and one-half percent (13.5%) of the total amount
of money wagered on exotic wagering pools on each day.
(3) (2) On the simulcast of races, for the Indiana sending or
Indiana receiving track, or its satellite facilities, the amount to be
retained, after deducting:
(A) pari-mutuel tax payments owed to Indiana; and
(B) the contractual obligations owed to the racetrack from
which the races originated;
shall be determined, subject to the approval of the commission, by
one (1) or more contracts between the applicable Indiana permit
holders and the applicable horsemen's association.
SOURCE: IC 4-31-9-3; (07)MO183502.15. -->
SECTION 15. IC 4-31-9-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2008]: Sec. 3. (a) At the close
of each day on which a permit holder or satellite facility operator
conducts pari-mutuel wagering on live racing or simulcasts at a
racetrack, or satellite facility, the permit holder or satellite facility
operator shall pay to the department of state revenue a tax on the total
amount of money wagered on that day as follows: equal to
(1) two percent (2%) of the total amount of money wagered on
live races and simulcasts conducted at a permit holder's racetrack.
(2) Two and one-half percent (2.5%) of the total amount of money
wagered on simulcasts at satellite facilities, regardless of whether
those simulcasts originate from Indiana or another state.
(b) The taxes collected under subsection (a) shall be paid from the
amounts withheld under section 1 of this chapter and shall be
distributed as follows:
(1) The first one hundred fifty thousand dollars ($150,000) of
taxes collected during each state fiscal year shall be deposited in
the veterinary school research account established by
IC 4-31-12-22.
(2) The remainder of the taxes collected during each state fiscal
year shall be paid into the build Indiana fund.
(c) The tax imposed by this section is a listed tax for purposes of
IC 6-8.1-1.
SOURCE: IC 4-31-9-5; (07)MO183502.16. -->
SECTION 16. IC 4-31-9-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2008]: Sec. 5. (a) At the close
of each day on which pari-mutuel wagering is conducted, each permit
holder or satellite facility operator shall pay to the department of state
revenue a tax equal to twenty cents ($0.20) for each person who paid
an admission charge for the privilege of entering the racetrack grounds
or satellite facility on that day. Separate computations shall be made of
the number of patrons at each location. If tickets are issued for more
than one (1) day, the sum of twenty cents ($0.20) shall be paid for each
person using the ticket on each day that it is used.
(b) Before the fifteenth day of each month, the taxes collected under
subsection (a) during the preceding month shall be distributed as
follows:
(1) Fifty percent (50%) of the taxes shall be distributed in equal
shares to the fiscal officers of:
(A) the city, if any;
(B) the town, if any; and
(C) the county;
in which the racetrack is located. The city, town, or county may
use this money as general fund operating revenues.
(2) Fifty percent (50%) of the taxes shall be deposited in the state
general fund.
(c) The tax imposed by this section is a listed tax for purposes of
IC 6-8.1-1.
SOURCE: IC 4-31-9-10; (07)MO183502.17. -->
SECTION 17. IC 4-31-9-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2008]: Sec. 10. (a) At the
close of each day on which pari-mutuel wagering is conducted at a
racetrack, or satellite facility, the permit holder or satellite facility
operator shall pay the breakage from each of the races on which wagers
were taken on that day to the auditor of state for deposit in the
appropriate breed development fund as determined by the rules of the
commission.
(b) Not later than March 15 of each year, each permit holder or
satellite facility operator shall pay to the commission the balance of the
outs tickets from the previous calendar year. The commission shall
distribute money received under this subsection to the appropriate
breed development fund as determined by the rules of the
commission.".
SOURCE: Page 35, line 10; (07)MO183502.35. -->
Page 35, between lines 10 and 11, begin a new paragraph and insert:
SOURCE: IC 7.1-2-3-16.5; (07)MO183502.16. -->
"SECTION 16. IC 7.1-2-3-16.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2008]: Sec. 16.5. (a) As used
in this section, "facility" includes the following:
(1) A facility to which IC 7.1-3-1-25(a) applies.
(2) A tract that contains a premises that is described in
IC 7.1-3-1-14(c)(2).
(3) A horse track or satellite facility to which IC 7.1-3-17.7
applies.
(4) A tract that contains an entertainment complex.
(b) As used in this section, "tract" has the meaning set forth in
IC 6-1.1-1-22.5.
(c) A facility may advertise alcoholic beverages:
(1) in the facility's interior; or
(2) on the facility's exterior.
(d) The commission may not exercise the prohibition power
contained in section 16(a) of this chapter on advertising by a brewer,
distiller, rectifier, or vintner in or on a facility.
(e) Notwithstanding IC 7.1-5-5-10 and IC 7.1-5-5-11, a facility may
provide advertising to a permittee that is a brewer, distiller, rectifier, or
vintner in exchange for compensation from that permittee.".
SOURCE: Page 36, line 38; (07)MO183502.36. -->
Page 36, line 38, delete "(c)," and insert " (b),".
Page 37, strike lines 1 through 3.
Page 37, line 4, delete "(c)" and insert " (b)".
Page 37, between lines 5 and 6, begin a new paragraph and insert:
SOURCE: IC 7.1-3-17.7-2; (07)MO183502.23. -->
"SECTION 23. IC 7.1-3-17.7-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2008]: Sec. 2. The
commission shall issue a horse track permit or a satellite facility permit
without regard to the quota provisions of IC 7.1-3-22.
SOURCE: IC 7.1-3-17.7-3; (07)MO183502.24. -->
SECTION 24. IC 7.1-3-17.7-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2008]: Sec. 3. A horse track
permit or a satellite facility permit is not subject to the fee limitations
otherwise set forth in IC 7.1.
SOURCE: IC 7.1-3-17.7-4; (07)MO183502.25. -->
SECTION 25. IC 7.1-3-17.7-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2008]: Sec. 4. A horse track
permit or a satellite facility permit is not subject to the provisions of
IC 7.1-3-21-1.
SOURCE: IC 7.1-3-17.7-5; (07)MO183502.26. -->
SECTION 26. IC 7.1-3-17.7-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2008]: Sec. 5. The
commission may adopt rules under IC 4-22-2 concerning the following
for a horse track permit: or a satellite facility permit:
(1) Issuance.
(2) Scope.
(3) Permit fee.
(4) Expiration.
(5) Revocation and suspension.".
SOURCE: Page 37, line 18; (07)MO183502.37. -->
Page 37, line 18, after ";" insert " or".
Page 37, strike line 19.
Page 37, line 20, strike "(10)" and insert " (9)".
Page 38, between lines 30 and 31, begin a new paragraph and insert:
SOURCE: IC 7.1-5-7-11; (07)MO183502.25. -->
"SECTION 25. IC 7.1-5-7-11, AS AMENDED BY P.L.224-2005,
SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2008]: Sec. 11. (a) The provisions of sections 9 and 10
of this chapter shall not apply if the public place involved is one (1) of
the following:
(1) Civic center.
(2) Convention center.
(3) Sports arena.
(4) Bowling center.
(5) Bona fide club.
(6) Drug store.
(7) Grocery store.
(8) Boat.
(9) Dining car.
(10) Pullman car.
(11) Club car.
(12) Passenger airplane.
(13) Horse racetrack facility holding a recognized meeting permit
under IC 4-31-5.
(14) Satellite facility (as defined in IC 4-31-2-20.5).
(15) (14) Catering hall under IC 7.1-3-20-24 that is not open to
the public.
(16) (15) That part of a hotel or restaurant which is separate from
a room in which is located a bar over which alcoholic beverages
are sold or dispensed by the drink.
(17) (16) Entertainment complex.
(18) (17) Indoor golf facility.
(19) (18) A recreational facility such as a golf course, bowling
center, or similar facility that has the recreational activity and not
the sale of food and beverages as the principal purpose or
function of the person's business.
(20) (19) A licensed premises owned or operated by an
educational institution of higher learning (as defined in
IC 20-12-15-1).
(21) (20) An automobile racetrack.
(b) For the purpose of this subsection, "food" means meals prepared
on the licensed premises. It is lawful for a minor to be on licensed
premises in a room in which is located a bar over which alcoholic
beverages are sold or dispensed by the drink if all the following
conditions are met:
(1) The minor is eighteen (18) years of age or older.
(2) The minor is in the company of a parent, guardian, or family
member who is twenty-one (21) years of age or older.
(3) The purpose for being on the licensed premises is the
consumption of food and not the consumption of alcoholic
beverages.
SOURCE: IC 12-13-14-4.5; (07)MO183502.5. -->
SECTION 5. IC 12-13-14-4.5, AS AMENDED BY P.L.91-2006,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2008]: Sec. 4.5. (a) Except as provided in this section,
the division may distribute cash assistance benefits to a person who is
eligible for assistance under the Title IV-A assistance program though
an automated teller machine or a point of sale terminal that is
connected to the EBT system.
(b) The division may approve or deny participation in the EBT
system by a retailer that is not a food retailer.
(c) The division may not approve participation by a retailer or
financial institution in the EBT system for distribution of cash
assistance under the Title IV-A assistance program through an
automated teller machine or a point of sale terminal located on the
premises of any of the following:
(1) A horse racing establishment:
(A) where the pari-mutuel system of wagering is authorized;
and
(B) for which a permit is required under IC 4-31-5.
(2) A satellite facility:
(A) where wagering on horse racing is conducted; and
(B) for which a license is required under IC 4-31-5.5.
(3) (2) An allowable event required to be licensed by the Indiana
gaming commission under IC 4-32.2.
(4) (3) A riverboat or other facility required to be licensed by the
Indiana gaming commission under IC 4-33.
(5) (4) A store or other establishment:
(A) where the primary business is the sale of firearms (as
defined in IC 35-47-1-5); and
(B) that sells handguns for which a license to sell handguns is
required under IC 35-47-2.
(6) (5) A store or other establishment where the primary business
is the sale of alcoholic beverages for which a permit is required
under IC 7.1-3.
(d) An establishment described in subsection (c)(1) through (c)(6)
shall post a sign next to each automated teller machine or point of sale
terminal located in the establishment informing a potential user that the
automated teller machine or point of sale terminal may not be used to
receive cash assistance benefits under the Title IV-A assistance
program.
(e) An:
(1) establishment that does not post the sign required under
subsection (d); or
(2) individual who attempts to use an automated teller machine or
point of sale terminal to access cash assistance benefits under the
Title IV-A assistance program in violation of subsection (d);
commits a Class C misdemeanor.
(f) The division shall adopt rules under IC 4-22-2 to carry out this
section.".
SOURCE: Page 39, line 20; (07)MO183502.39. -->
Page 39, between lines 20 and 21, begin a new paragraph and insert:
SOURCE: ; (07)MO183502.28. -->
"SECTION 28. [EFFECTIVE UPON PASSAGE]
(a) The
definitions set forth in IC 4-31-2 apply throughout this SECTION.
(b) Notwithstanding any reference to a satellite facility that is
deleted in a section of the Indiana Code that is:
(1) amended by this act; and
(2) effective before January 1, 2008;
a permit holder may continue operating a satellite facility under
IC 4-31-5.5 until January 1, 2008.
(c) The Indiana horse racing commission may not renew a
permit holder's license to operate a satellite facility for a calendar
year beginning after December 31, 2007.
(d) A permit holder must terminate the permit holder's satellite
facility operations before January 1, 2008.
(e) A permit holder shall wind up the permit holder's satellite
facility operations in accordance with policies and procedures
prescribed by the Indiana horse racing commission.
SOURCE: IC 4-31-2-20.5; IC 4-31-4-1.3; IC 4-31-4-2.5; IC 4-31-5.5.".
; (07)MO183502.29. -->
SECTION 29. THE FOLLOWING ARE REPEALED [EFFECTIVE
JANUARY 1, 2008]: IC 4-31-2-20.5; IC 4-31-4-1.3; IC 4-31-4-2.5;
IC 4-31-5.5.".
Renumber all SECTIONS consecutively.
(Reference is to HB 1835 as printed February 20, 2007.)
________________________________________
MO183502/DI 92 2007