Introduced Version
HOUSE BILL No. 1415
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 4-33.
Synopsis: Land based casino in Gary. Permits a licensed owner who
operates a riverboat in Gary to submit to the gaming commission a plan
for the construction of an inland casino. Provides that not more than
one riverboat gambling operation may be relocated. Imposes a
$25,000,000 relocation fee. Makes conforming changes. Removes
obsolete provisions concerning the original riverboat licensing process.
Effective: July 1, 2011.
Brown C
January 18, 2011, read first time and referred to Committee on Public Policy.
Introduced
First Regular Session 117th General Assembly (2011)
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HOUSE BILL No. 1415
A BILL FOR AN ACT to amend the Indiana Code concerning
gaming.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 4-33-2-7.5; (11)IN1415.1.1. -->
SECTION 1. IC 4-33-2-7.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: 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; (11)IN1415.1.2. -->
SECTION 2. IC 4-33-2-17, AS AMENDED BY P.L.96-2010,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: 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 casino located in a historic hotel district.
(3) A casino located in Gary.
SOURCE: IC 4-33-2-20; (11)IN1415.1.3. -->
SECTION 3. IC 4-33-2-20 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]:
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; (11)IN1415.1.4. -->
SECTION 4. IC 4-33-4-1 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: 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; (11)IN1415.1.5. -->
SECTION 5. IC 4-33-4-13 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: 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(3).
(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; (11)IN1415.1.6. -->
SECTION 6. IC 4-33-4-17 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: 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; (11)IN1415.1.7. -->
SECTION 7. IC 4-33-5-1 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: 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; (11)IN1415.1.8. -->
SECTION 8. IC 4-33-6-1, AS AMENDED BY P.L.233-2007,
SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: 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) Two (2) licenses for a riverboat that operates from the largest
city located in the counties described under IC 4-33-1-1(1). two
(2) riverboats that are authorized to operate in Gary in
accordance with either of the following:
(A) Two (2) riverboats may be operated from docks on
Lake Michigan at the sites approved before January 1,
2011.
(B) Two (2) riverboats may be operated as follows:
(i) One (1) riverboat may be operated from a dock on
Lake Michigan at a site approved before January 1,
2011.
(ii) One (1) riverboat may be operated at an inland
location within the city limits at a facility approved after
June 30, 2011, under section 23 of this chapter.
(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). 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; (11)IN1415.1.9. -->
SECTION 9. IC 4-33-6-4 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: 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 23 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; (11)IN1415.1.10. -->
SECTION 10. IC 4-33-6-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 5. (a) This section
applies only to an application concerning a riverboat described in
IC 4-33-2-17(1).
(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; (11)IN1415.1.11. -->
SECTION 11. IC 4-33-6-6, AS AMENDED BY P.L.170-2005,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 6. (a)
Except as provided in subsection (c), 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 constructed under section 23 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; (11)IN1415.1.12. -->
SECTION 12. IC 4-33-6-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: 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 23 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; (11)IN1415.1.13. -->
SECTION 13. IC 4-33-6-18 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: 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, 2011, authorizing
a riverboat to dock in a city is sufficient to authorize the operation
of a riverboat described in IC 4-33-2-17(3) in the city.
SOURCE: IC 4-33-6-21; (11)IN1415.1.14. -->
SECTION 14. IC 4-33-6-21 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: 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(3) shall implement flexible
scheduling.
SOURCE: IC 4-33-6-23; (11)IN1415.1.15. -->
SECTION 15. IC 4-33-6-23 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]: Sec. 23. (a) This section applies only to a licensed owner
that operates a riverboat gambling operation in Gary.
(b) A licensed owner may submit to the commission a plan for
the construction of an inland casino within the city limits of the city
of Gary. The plan must include the proposed design of the casino
and any related facilities and amenities.
(c) If:
(1) the commission determines that the plan:
(A) promotes economic development within the city of
Gary; and
(B) satisfies the requirements of this section; and
(2) the licensed owner pays to the commission a relocation fee
of twenty-five million dollars ($25,000,000);
the commission shall approve the licensed owner's plan. However,
not more than one (1) riverboat gambling operation may be
relocated under this section.
(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) A relocation fee collected under this section is not a license
fee for purposes of IC 4-33-4-3. The commission shall deposit a
relocation fee collected under this section in the state general fund.
SOURCE: IC 4-33-9-17; (11)IN1415.1.16. -->
SECTION 16. IC 4-33-9-17 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]: 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)
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) is docked, if the riverboat:
(A) is docked in a county that is adjacent to the Ohio
River; but
(B) is not docked in the largest city of that county.
(3) The county in which the riverboat described in
IC 4-33-2-17(2) is located.
(4) The city in which the riverboat described in
IC 4-33-2-17(3) is located.
SOURCE: IC 4-33-11-2; (11)IN1415.1.17. -->
SECTION 17. IC 4-33-11-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: 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 4-33-13-5; (11)IN1415.1.18. -->
SECTION 18. IC 4-33-13-5, AS AMENDED BY P.L.96-2010,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 5. (a) This subsection does not apply to tax
revenue remitted by an operating agent operating a riverboat in a
historic hotel district. After funds are appropriated under section 4 of
this chapter, each month the treasurer of state shall distribute the tax
revenue deposited in the state gaming fund under this chapter to the
following:
(1) The first thirty-three million dollars ($33,000,000) of tax
revenues collected under this chapter shall be set aside for
revenue sharing under subsection (e).
(2) Subject to subsection (c), twenty-five percent (25%) of the
remaining tax revenue remitted by each licensed owner shall be
paid:
(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 riverboat located in:
(i) a city described in IC 4-33-12-6(b)(1)(A); or
(ii) a city located in a county having a population of more
than four hundred thousand (400,000) but less than seven
hundred thousand (700,000); or
(B) to the county that is designated as the home
dock of the
riverboat from which the tax revenue was collected, in the case
of a riverboat
whose home dock is not in a city that is not
described in clause (A).
(3) Subject to subsection (d), the remainder of the tax revenue
remitted by each licensed owner shall be paid to the state general
fund. In each state fiscal year, the treasurer of state shall make the
transfer required by this subdivision not later than the last
business day of the month in which the tax revenue is remitted to
the state for deposit in the state gaming fund. However, if tax
revenue is received by the state on the last business day in a
month, the treasurer of state may transfer the tax revenue to the
state general fund in the immediately following month.
(b) This subsection applies only to tax revenue remitted by an
operating agent operating a riverboat in a historic hotel district. After
funds are appropriated under section 4 of this chapter, each month the
treasurer of state shall distribute the tax revenue remitted by the
operating agent under this chapter as follows:
(1) Thirty-seven and one-half percent (37.5%) shall be paid to the
state general fund.
(2) Nineteen percent (19%) shall be paid to the West Baden
Springs historic hotel preservation and maintenance fund
established by IC 36-7-11.5-11(b). However, at any time the
balance in that fund exceeds twenty million dollars
($20,000,000), the amount described in this subdivision shall be
paid to the state general fund.
(3) Eight percent (8%) shall be paid to the Orange County
development commission established under IC 36-7-11.5.
(4) Sixteen percent (16%) shall be paid in equal amounts to each
town that is located in the county in which the riverboat is located
and contains a historic hotel. The following apply to taxes
received by a town under this subdivision:
(A) At least twenty-five percent (25%) of the taxes must be
transferred to the school corporation in which the town is
located.
(B) At least twelve and five-tenths percent (12.5%) of the
taxes imposed on adjusted gross receipts received after June
30, 2010, must be transferred to the Orange County
development commission established by IC 36-7-11.5-3.5.
(5) Nine percent (9%) shall be paid to the county treasurer of the
county in which the riverboat is located. The county treasurer
shall distribute the money received under this subdivision as
follows:
(A) Twenty-two and twenty-five hundredths percent (22.25%)
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 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) Twenty-two and twenty-five hundredths percent (22.25%)
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 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 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) Fifty-five and five-tenths percent (55.5%) shall be retained
by the county in which the riverboat is located for
appropriation by the county fiscal body after receiving a
recommendation from the county executive.
(6) Five percent (5%) 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 forty
percent (40%) of the taxes received by a town under this
subdivision must be transferred to the school corporation in which
the town is located.
(7) Five percent (5%) 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
forty percent (40%) of the taxes received by a town under this
subdivision must be transferred to the school corporation in which
the town is located.
(8) Five-tenths percent (0.5%) of the taxes imposed on adjusted
gross receipts received after June 30, 2010, shall be paid to the
Indiana economic development corporation established by
IC 5-28-3-1.
(c) For each city and county receiving money under subsection
(a)(2), the treasurer of state shall determine the total amount of money
paid by the treasurer of state to the city or county during the state fiscal
year 2002. The amount determined is the base year revenue for the city
or county. The treasurer of state shall certify the base year revenue
determined under this subsection to the city or county. The total
amount of money distributed to a city or county under this section
during a state fiscal year may not exceed the entity's base year revenue.
For each state fiscal year, the treasurer of state shall pay that part of the
riverboat wagering taxes that:
(1) exceeds a particular city's or county's base year revenue; and
(2) would otherwise be due to the city or county under this
section;
to the state general fund instead of to the city or county.
(d) Each state fiscal year the treasurer of state shall transfer from the
tax revenue remitted to the state general fund under subsection (a)(3)
to the build Indiana fund an amount that when added to the following
may not exceed two hundred fifty million dollars ($250,000,000):
(1) Surplus lottery revenues under IC 4-30-17-3.
(2) Surplus revenue from the charity gaming enforcement fund
under IC 4-32.2-7-7.
(3) Tax revenue from pari-mutuel wagering under IC 4-31-9-3.
The treasurer of state shall make transfers on a monthly basis as needed
to meet the obligations of the build Indiana fund. If in any state fiscal
year insufficient money is transferred to the state general fund under
subsection (a)(3) to comply with this subsection, the treasurer of state
shall reduce the amount transferred to the build Indiana fund to the
amount available in the state general fund from the transfers under
subsection (a)(3) for the state fiscal year.
(e) Before August 15 of each year, the treasurer of state shall
distribute the wagering taxes set aside for revenue sharing under
subsection (a)(1) to the county treasurer of each county that does not
have a riverboat according to the ratio that the county's population
bears to the total population of the counties that do not have a
riverboat. Except as provided in subsection (h), the county auditor shall
distribute the money received by the county under this subsection as
follows:
(1) To each city located in the county according to the ratio the
city's population bears to the total population of the county.
(2) To each town located in the county according to the ratio the
town's population bears to the total population of the county.
(3) After the distributions required in subdivisions (1) and (2) are
made, the remainder shall be retained by the county.
(f) Money received by a city, town, or county under subsection (e)
or (h) may be used for any of the following purposes:
(1) To reduce the property tax levy of the city, town, or county for
a particular year (a property tax reduction under this subdivision
does not reduce the maximum levy of the city, town, or county
under IC 6-1.1-18.5).
(2) For deposit in a special fund or allocation fund created under
IC 8-22-3.5, IC 36-7-14, IC 36-7-14.5, IC 36-7-15.1, and
IC 36-7-30 to provide funding for debt repayment.
(3) To fund sewer and water projects, including storm water
management projects.
(4) For police and fire pensions.
(5) To carry out any governmental purpose for which the money
is appropriated by the fiscal body of the city, town, or county.
Money used under this subdivision does not reduce the property
tax levy of the city, town, or county for a particular year or reduce
the maximum levy of the city, town, or county under
IC 6-1.1-18.5.
(g) This subsection does not apply to an entity receiving money
under IC 4-33-12-6(c). Before September 15 of each year, the treasurer
of state shall determine the total amount of money distributed to an
entity under IC 4-33-12-6 during the preceding state fiscal year. If the
treasurer of state determines that the total amount of money distributed
to an entity under IC 4-33-12-6 during the preceding state fiscal year
was less than the entity's base year revenue (as determined under
IC 4-33-12-6), the treasurer of state shall make a supplemental
distribution to the entity from taxes collected under this chapter and
deposited into the state general fund. Except as provided in subsection
(i), the amount of an entity's supplemental distribution is equal to:
(1) the entity's base year revenue (as determined under
IC 4-33-12-6); minus
(2) the sum of:
(A) the total amount of money distributed to the entity during
the preceding state fiscal year under IC 4-33-12-6; plus
(B) any amounts deducted under IC 6-3.1-20-7.
(h) This subsection applies only to a county containing a
consolidated city. The county auditor shall distribute the money
received by the county under subsection (e) as follows:
(1) To each city, other than a consolidated city, located in the
county according to the ratio that the city's population bears to the
total population of the county.
(2) To each town located in the county according to the ratio that
the town's population bears to the total population of the county.
(3) After the distributions required in subdivisions (1) and (2) are
made, the remainder shall be paid in equal amounts to the
consolidated city and the county.
(i) This subsection applies only to the Indiana horse racing
commission. For each state fiscal year the amount of the Indiana horse
racing commission's supplemental distribution under subsection (g)
must be reduced by the amount required to comply with
IC 4-33-12-7(a).
SOURCE: IC 4-33-13-6; (11)IN1415.1.19. -->
SECTION 19. IC 4-33-13-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: 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 4-33-14-9; (11)IN1415.1.20. -->
SECTION 20. IC 4-33-14-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 9. (a) This section
applies to a person holding an owner's licenses license for riverboats
operated from a city described under IC 4-33-6-1(a)(1) through
IC 4-33-6-1(a)(3).
(b) The commission shall require persons holding owner's licenses
to adopt policies concerning the preferential hiring of residents of the
city in which the riverboat docks is located for riverboat jobs.
SOURCE: IC 4-33-21-7; (11)IN1415.1.21. -->
SECTION 21. IC 4-33-21-7, AS ADDED BY P.L.142-2009,
SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: 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.