Indiana 2022 2022 Regular Session

Indiana Senate Bill SB0126 Introduced / Bill

Filed 12/30/2021

                     
Introduced Version
SENATE BILL No. 126
_____
DIGEST OF INTRODUCED BILL
Citations Affected:  IC 4-33-13.
Synopsis:  Wagering tax distributions. Requires the gaming
commission to annually certify the total amount of adjusted gross
receipts for each riverboat during the preceding state fiscal year.
Provides that the auditor of state shall distribute certain tax revenue
deposited in the state gaming fund to certain cities and counties in Ohio
County.
Effective:  July 1, 2022.
Perfect
January 4, 2022, read first time and referred to Committee on Appropriations.
2022	IN 126—LS 6193/DI 125 Introduced
Second Regular Session of the 122nd General Assembly (2022)
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 2021 Regular Session of the General Assembly.
SENATE BILL No. 126
A BILL FOR AN ACT to amend the Indiana Code concerning
gaming.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 4-33-13-1.5, AS AMENDED BY P.L.293-2019,
2 SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2022]: Sec. 1.5. (a) This subsection applies only to a riverboat
4 that received at least seventy-five million dollars ($75,000,000) of
5 adjusted gross receipts during the preceding state fiscal year. A
6 graduated tax is imposed on the adjusted gross receipts received from
7 gambling games authorized under this article as follows:
8 (1) For state fiscal years ending before July 1, 2021, fifteen
9 percent (15%), and for state fiscal years beginning after June 30,
10 2021, ten percent (10%), of the first twenty-five million dollars
11 ($25,000,000) of adjusted gross receipts received during the
12 period beginning July 1 of each year and ending June 30 of the
13 following year.
14 (2) Twenty percent (20%) of the adjusted gross receipts in excess
15 of twenty-five million dollars ($25,000,000) but not exceeding
16 fifty million dollars ($50,000,000) received during the period
17 beginning July 1 of each year and ending June 30 of the following
2022	IN 126—LS 6193/DI 125 2
1 year.
2 (3) Twenty-five percent (25%) of the adjusted gross receipts in
3 excess of fifty million dollars ($50,000,000) but not exceeding
4 seventy-five million dollars ($75,000,000) received during the
5 period beginning July 1 of each year and ending June 30 of the
6 following year.
7 (4) Thirty percent (30%) of the adjusted gross receipts in excess
8 of seventy-five million dollars ($75,000,000) but not exceeding
9 one hundred fifty million dollars ($150,000,000) received during
10 the period beginning July 1 of each year and ending June 30 of
11 the following year.
12 (5) Thirty-five percent (35%) of all adjusted gross receipts in
13 excess of one hundred fifty million dollars ($150,000,000) but not
14 exceeding six hundred million dollars ($600,000,000) received
15 during the period beginning July 1 of each year and ending June
16 30 of the following year.
17 (6) Forty percent (40%) of all adjusted gross receipts exceeding
18 six hundred million dollars ($600,000,000) received during the
19 period beginning July 1 of each year and ending June 30 of the
20 following year.
21 (b) This subsection applies only to a riverboat that received less than
22 seventy-five million dollars ($75,000,000) of adjusted gross receipts
23 during the preceding state fiscal year. A graduated tax is imposed on
24 the adjusted gross receipts received from gambling games authorized
25 under this article as follows:
26 (1) For state fiscal years ending before July 1, 2021, five percent
27 (5%), and for state fiscal years beginning after June 30, 2021, two
28 and one-half percent (2.5%), of the first twenty-five million
29 dollars ($25,000,000) of adjusted gross receipts received during
30 the period beginning July 1 of each year and ending June 30 of
31 the following year.
32 (2) For state fiscal years ending before July 1, 2021, twenty
33 percent (20%), and for state fiscal years beginning after June 30,
34 2021, ten percent (10%), of the adjusted gross receipts in excess
35 of twenty-five million dollars ($25,000,000) but not exceeding
36 fifty million dollars ($50,000,000) received during the period
37 beginning July 1 of each year and ending June 30 of the following
38 year.
39 (3) For state fiscal years ending before July 1, 2021, twenty-five
40 percent (25%), and for state fiscal years beginning after June 30,
41 2021, twenty percent (20%), of the adjusted gross receipts in
42 excess of fifty million dollars ($50,000,000) but not exceeding
2022	IN 126—LS 6193/DI 125 3
1 seventy-five million dollars ($75,000,000) received during the
2 period beginning July 1 of each year and ending June 30 of the
3 following year.
4 (4) Thirty percent (30%) of the adjusted gross receipts in excess
5 of seventy-five million dollars ($75,000,000) but not exceeding
6 one hundred fifty million dollars ($150,000,000) received during
7 the period beginning July 1 of each year and ending June 30 of
8 the following year.
9 (5) Thirty-five percent (35%) of all adjusted gross receipts in
10 excess of one hundred fifty million dollars ($150,000,000) but not
11 exceeding six hundred million dollars ($600,000,000) received
12 during the period beginning July 1 of each year and ending June
13 30 of the following year.
14 (6) Forty percent (40%) of all adjusted gross receipts exceeding
15 six hundred million dollars ($600,000,000) received during the
16 period beginning July 1 of each year and ending June 30 of the
17 following year.
18 (c) The licensed owner or operating agent of a riverboat taxed under
19 subsection (b) shall pay an additional tax of two million five hundred
20 thousand dollars ($2,500,000) in any state fiscal year in which the
21 riverboat's adjusted gross receipts exceed seventy-five million dollars
22 ($75,000,000). The additional tax imposed under this subsection is due
23 before July 1 of the following state fiscal year.
24 (d) The licensed owner or operating agent shall:
25 (1) remit the daily amount of tax imposed by this chapter to the
26 department on the twenty-fourth calendar day of each month for
27 the wagering taxes collected that month; and
28 (2) report gaming activity information to the commission daily on
29 forms prescribed by the commission.
30 Any taxes collected during the month but after the day on which the
31 taxes are required to be paid to the department shall be paid to the
32 department at the same time the following month's taxes are due.
33 (e) The payment of the tax under this section must be in a manner
34 prescribed by the department.
35 (f) If the department requires taxes to be remitted under this chapter
36 through electronic funds transfer, the department may allow the
37 licensed owner or operating agent to file a monthly report to reconcile
38 the amounts remitted to the department.
39 (g) The department may allow taxes remitted under this section to
40 be reported on the same form used for taxes paid under IC 4-33-12.
41 (h) Not later than July 15 each year, the commission shall, using
42 gaming activity information submitted under subsection (d)(2),
2022	IN 126—LS 6193/DI 125 4
1 certify the total amount of adjusted gross receipts received by each
2 licensed owner or operating agent for each riverboat during the
3 preceding state fiscal year.
4 SECTION 2. IC 4-33-13-5, AS AMENDED BY P.L.238-2019,
5 SECTION 2, AND AS AMENDED BY P.L.108-2019, SECTION 73,
6 AND AS AMENDED BY P.L.293-2019, SECTION 31, IS
7 CORRECTED AND AMENDED TO READ AS FOLLOWS
8 [EFFECTIVE JULY 1, 2022]: Sec. 5. (a) This subsection does not
9 apply to tax revenue remitted by an operating agent operating a
10 riverboat in a historic hotel district. After funds are appropriated under
11 section 4 of this chapter, each month the treasurer auditor of state shall
12 distribute the tax revenue deposited in the state gaming fund under this
13 chapter to the following:
14 (1) An amount equal to the following shall be set aside for
15 revenue sharing under subsection (e): (d):
16 (A) Before July 1, 2021, the first thirty-three million dollars
17 ($33,000,000) of tax revenues collected under this chapter
18 shall be set aside for revenue sharing under subsection (e). (d).
19 (B) After June 30, 2021, if the total adjusted gross receipts
20 received by licensees from gambling games authorized under
21 this article during the preceding state fiscal year is equal to or
22 greater than the total adjusted gross receipts received by
23 licensees from gambling games authorized under this article
24 during the state fiscal year ending June 30, 2020, the first
25 thirty-three million dollars ($33,000,000) of tax revenues
26 collected under this chapter shall be set aside for revenue
27 sharing under subsection (e). (d).
28 (C) After June 30, 2021, if the total adjusted gross receipts
29 received by licensees from gambling games authorized under
30 this article during the preceding state fiscal year is less than
31 the total adjusted gross receipts received by licensees from
32 gambling games authorized under this article during the state
33 year ending June 30, 2020, an amount equal to the first
34 thirty-three million dollars ($33,000,000) of tax revenues
35 collected under this chapter multiplied by the result of:
36 (i) the total adjusted gross receipts received by licensees
37 from gambling games authorized under this article during
38 the preceding state fiscal year; divided by
39 (ii) the total adjusted gross receipts received by licensees
40 from gambling games authorized under this article during
41 the state fiscal year ending June 30, 2020;
42 shall be set aside for revenue sharing under subsection (e). (d).
2022	IN 126—LS 6193/DI 125 5
1 (2) This subdivision does not apply to a riverboat that
2 operates in Ohio County. Subject to subsection (c), twenty-five
3 percent (25%), of the remaining tax revenue remitted by each
4 licensed owner shall be paid:
5 (A) to the city in which the riverboat is located or that is
6 designated as the home dock of the riverboat from which the
7 tax revenue was collected, in the case of:
8 (i) a city described in IC 4-33-12-6(b)(1)(A); or
9 (ii) a city located in a county having a population of more
10 than four hundred thousand (400,000) but less than seven
11 hundred thousand (700,000); or
12 (iii) Terre Haute; or
13 (B) to the county that is designated as the home dock of the
14 riverboat from which the tax revenue was collected, in the case
15 of a riverboat that is not located in a city described in clause
16 (A) or whose home dock is not in a city described in clause
17 (A).
18 (3) This subdivision applies only to a riverboat that operates
19 in Ohio County. Subject to subsection (c), for state fiscal years
20 beginning after June 30, 2022, fifty percent (50%) of the
21 remaining tax revenue remitted by the licensed owner shall be
22 distributed as follows:
23 (A) If the riverboat is located in a city, or a city is
24 designated as the home dock of the riverboat from which
25 the tax revenue was collected, in the case of a city
26 described in IC 4-33-12-6(b)(1)(A):
27 (i) seventy-five percent (75%) of the amount to the city
28 in which the riverboat is located, or the city that is
29 designated as the home dock of the riverboat from which
30 the tax revenue was collected, in the case of a city
31 described in IC 4-33-12-6(b)(1)(A); and
32 (ii) twenty-five percent (25%) of the amount to the
33 county in which the riverboat is located.
34 (B) If the riverboat is not located in a city, or a city is not
35 designated as the home dock of the riverboat, then the
36 amount shall be distributed to the county that is designated
37 as the home dock of the riverboat from which the tax
38 revenue was collected.
39 (3) Subject to subsection (d), (4) The remainder of the tax revenue
40 remitted by each licensed owner shall be paid to the state general
41 fund. In each state fiscal year, the treasurer auditor of state shall
42 make the transfer required by this subdivision not later than the
2022	IN 126—LS 6193/DI 125 6
1 last business day of the month in which the tax revenue is
2 remitted to the state for deposit in the state gaming fund.
3 However, if tax revenue is received by the state on the last
4 business day in a month, the treasurer auditor of state may
5 transfer the tax revenue to the state general fund in the
6 immediately following month.
7 (b) This subsection applies only to tax revenue remitted by an
8 operating agent operating a riverboat in a historic hotel district after
9 June 30, 2015. 2019. After funds are appropriated under section 4 of
10 this chapter, each month the treasurer auditor of state shall distribute
11 the tax revenue remitted by the operating agent under this chapter as
12 follows:
13 (1) For state fiscal years beginning after June 30, 2019, but
14 ending before July 1, 2021, fifty-six and five-tenths percent
15 (56.5%) shall be paid to the state general fund.
16 (2) For state fiscal years beginning after June 30, 2021, fifty-six
17 and five-tenths percent (56.5%) shall be paid as follows:
18 (A) Sixty-six and four-tenths percent (66.4%) shall be paid to
19 the state general fund.
20 (B) Thirty-three and six-tenths percent (33.6%) shall be paid
21 to the West Baden Springs historic hotel preservation and
22 maintenance fund established by IC 36-7-11.5-11(b).
23 However, if:
24 (i) at any time the balance in that fund exceeds twenty-five
25 million dollars ($25,000,000); or
26 (ii) in any part of a state fiscal year in which the operating
27 agent has received at least one hundred million dollars
28 ($100,000,000) of adjusted gross receipts;
29 the amount described in this clause shall be paid to the state
30 general fund for the remainder of the state fiscal year.
31 (2) (3) Forty-three and five-tenths percent (43.5%) shall be paid
32 as follows:
33 (A) Twenty-two and four-tenths percent (22.4%) shall be paid
34 as follows:
35 (i) Fifty percent (50%) to the fiscal officer of the town of
36 French Lick.
37 (ii) Fifty percent (50%) to the fiscal officer of the town of
38 West Baden Springs.
39 (B) Fourteen and eight-tenths percent (14.8%) shall be paid to
40 the county treasurer of Orange County for distribution among
41 the school corporations in the county. The governing bodies
42 for the school corporations in the county shall provide a
2022	IN 126—LS 6193/DI 125 7
1 formula for the distribution of the money received under this
2 clause among the school corporations by joint resolution
3 adopted by the governing body of each of the school
4 corporations in the county. Money received by a school
5 corporation under this clause must be used to improve the
6 educational attainment of students enrolled in the school
7 corporation receiving the money. Not later than the first
8 regular meeting in the school year of a governing body of a
9 school corporation receiving a distribution under this clause,
10 the superintendent of the school corporation shall submit to
11 the governing body a report describing the purposes for which
12 the receipts under this clause were used and the improvements
13 in educational attainment realized through the use of the
14 money. The report is a public record.
15 (C) Thirteen and one-tenth percent (13.1%) shall be paid to the
16 county treasurer of Orange County.
17 (D) Five and three-tenths percent (5.3%) shall be distributed
18 quarterly to the county treasurer of Dubois County for
19 appropriation by the county fiscal body after receiving a
20 recommendation from the county executive. The county fiscal
21 body for the receiving county shall provide for the distribution
22 of the money received under this clause to one (1) or more
23 taxing units (as defined in IC 6-1.1-1-21) in the county under
24 a formula established by the county fiscal body after receiving
25 a recommendation from the county executive.
26 (E) Five and three-tenths percent (5.3%) shall be distributed
27 quarterly to the county treasurer of Crawford County for
28 appropriation by the county fiscal body after receiving a
29 recommendation from the county executive. The county fiscal
30 body for the receiving county shall provide for the distribution
31 of the money received under this clause to one (1) or more
32 taxing units (as defined in IC 6-1.1-1-21) in the county under
33 a formula established by the county fiscal body after receiving
34 a recommendation from the county executive.
35 (F) Six and thirty-five hundredths percent (6.35%) shall be
36 paid to the fiscal officer of the town of Paoli.
37 (G) Six and thirty-five hundredths percent (6.35%) shall be
38 paid to the fiscal officer of the town of Orleans.
39 (H) Twenty-six and four-tenths percent (26.4%) shall be paid
40 to the Indiana economic development corporation established
41 by IC 5-28-3-1 for transfer as follows:
42 (i) Beginning after December 31, 2017, ten percent (10%)
2022	IN 126—LS 6193/DI 125 8
1 of the amount transferred under this clause in each calendar
2 year shall be transferred to the South Central Indiana
3 Regional Economic Development Corporation or a
4 successor entity or partnership for economic development
5 for the purpose of recruiting new business to Orange County
6 as well as promoting the retention and expansion of existing
7 businesses in Orange County.
8 (ii) The remainder of the amount transferred under this
9 clause in each calendar year shall be transferred to Radius
10 Indiana or a successor regional entity or partnership for the
11 development and implementation of a regional economic
12 development strategy to assist the residents of Orange
13 County and the counties contiguous to Orange County in
14 improving their quality of life and to help promote
15 successful and sustainable communities.
16 To the extent possible, the Indiana economic development
17 corporation shall provide for the transfer under item (i) to be
18 made in four (4) equal installments. However, an amount
19 sufficient to meet current obligations to retire or refinance
20 indebtedness or leases for which tax revenues under this
21 section were pledged before January 1, 2015, by the Orange
22 County development commission shall be paid to the Orange
23 County development commission before making distributions
24 to the South Central Indiana Regional Economic Development
25 Corporation and Radius Indiana or their successor entities or
26 partnerships. The amount paid to the Orange County
27 development commission shall proportionally reduce the
28 amount payable to the South Central Indiana Regional
29 Economic Development Corporation and Radius Indiana or
30 their successor entities or partnerships.
31 (c) This subsection does not apply to tax revenue remitted by an
32 inland casino operating in Vigo County. For each city and county
33 receiving money under subsection (a)(2) or (a)(3), the treasurer
34 auditor of state shall determine the total amount of money paid by the
35 treasurer auditor of state to the city or county during the state fiscal
36 year 2002. The amount determined is the base year revenue for the city
37 or county. The treasurer auditor of state shall certify the base year
38 revenue determined under this subsection to the city or county. The
39 total amount of money distributed to a city or county under this section
40 during a state fiscal year may not exceed the entity's base year revenue.
41 For each state fiscal year, the treasurer auditor of state shall pay that
42 part of the riverboat wagering taxes that:
2022	IN 126—LS 6193/DI 125 9
1 (1) exceeds a particular city's or county's base year revenue; and
2 (2) would otherwise be due to the city or county under this
3 section;
4 to the state general fund instead of to the city or county.
5 (d) Each state fiscal year the treasurer of state shall transfer from
6 the tax revenue remitted to the state general fund under subsection
7 (a)(3) to the build Indiana fund an amount that when added to the
8 following may not exceed two hundred fifty million dollars
9 ($250,000,000):
10 (1) Surplus lottery revenues under IC 4-30-17-3.
11 (2) Surplus revenue from the charity gaming enforcement fund
12 under IC 4-32.3-7-5.
13 (3) Tax revenue from pari-mutuel wagering under IC 4-31-9-3.
14 The treasurer of state shall make transfers on a monthly basis as
15 needed to meet the obligations of the build Indiana fund. If in any state
16 fiscal year insufficient money is transferred to the state general fund
17 under subsection (a)(3) to comply with this subsection, the treasurer
18 of state shall reduce the amount transferred to the build Indiana fund
19 to the amount available in the state general fund from the transfers
20 under subsection (a)(3) for the state fiscal year.
21 (e) (d) Except as provided in subsections (l) (k) and (m), (l), before
22 August 15 of each year, the treasurer auditor of state shall distribute
23 the wagering taxes set aside for revenue sharing under subsection
24 (a)(1) to the county treasurer of each county that does not have a
25 riverboat according to the ratio that the county's population bears to the
26 total population of the counties that do not have a riverboat. Except as
27 provided in subsection (h), (g), the county auditor shall distribute the
28 money received by the county under this subsection as follows:
29 (1) To each city located in the county according to the ratio the
30 city's population bears to the total population of the county.
31 (2) To each town located in the county according to the ratio the
32 town's population bears to the total population of the county.
33 (3) After the distributions required in subdivisions (1) and (2) are
34 made, the remainder shall be retained by the county.
35 (f) (e) Money received by a city, town, or county under subsection
36 (e) (d) or (h) (g) may be used for any of the following purposes:
37 (1) To reduce the property tax levy of the city, town, or county for
38 a particular year (a property tax reduction under this subdivision
39 does not reduce the maximum levy of the city, town, or county
40 under IC 6-1.1-18.5).
41 (2) For deposit in a special fund or allocation fund created under
42 IC 8-22-3.5, IC 36-7-14, IC 36-7-14.5, IC 36-7-15.1, and
2022	IN 126—LS 6193/DI 125 10
1 IC 36-7-30 to provide funding for debt repayment.
2 (3) To fund sewer and water projects, including storm water
3 management projects.
4 (4) For police and fire pensions.
5 (5) To carry out any governmental purpose for which the money
6 is appropriated by the fiscal body of the city, town, or county.
7 Money used under this subdivision does not reduce the property
8 tax levy of the city, town, or county for a particular year or reduce
9 the maximum levy of the city, town, or county under
10 IC 6-1.1-18.5.
11 (g) (f) This subsection does not apply to an inland casino operating
12 in Vigo County. Before July 15 of each year, the treasurer auditor of
13 state shall determine the total amount of money distributed to an entity
14 under IC 4-33-12-6 or IC 4-33-12-8 during the preceding state fiscal
15 year. If the treasurer auditor of state determines that the total amount
16 of money distributed to an entity under IC 4-33-12-6 or IC 4-33-12-8
17 during the preceding state fiscal year was less than the entity's base
18 year revenue (as determined under IC 4-33-12-9), the treasurer auditor
19 of state shall make a supplemental distribution to the entity from taxes
20 collected under this chapter and deposited into the state general fund.
21 Except as provided in subsection (i), (h), the amount of an entity's
22 supplemental distribution is equal to:
23 (1) the entity's base year revenue (as determined under
24 IC 4-33-12-9); minus
25 (2) the sum of:
26 (A) the total amount of money distributed to the entity and
27 constructively received by the entity during the preceding state
28 fiscal year under IC 4-33-12-6 or IC 4-33-12-8; plus
29 (B) the amount of any admissions taxes deducted under
30 IC 6-3.1-20-7.
31 (h) (g) This subsection applies only to a county containing a
32 consolidated city. The county auditor shall distribute the money
33 received by the county under subsection (e) (d) as follows:
34 (1) To each city, other than a consolidated city, located in the
35 county according to the ratio that the city's population bears to the
36 total population of the county.
37 (2) To each town located in the county according to the ratio that
38 the town's population bears to the total population of the county.
39 (3) After the distributions required in subdivisions (1) and (2) are
40 made, the remainder shall be paid in equal amounts to the
41 consolidated city and the county.
42 (i) (h) This subsection does not apply to an inland casino operating
2022	IN 126—LS 6193/DI 125 11
1 in Vigo County. This subsection applies to a supplemental distribution
2 made after June 30, 2017. The maximum amount of money that may be
3 distributed under subsection (g) (f) in a state fiscal year is equal to the
4 following:
5 (1) Before July 1, 2021, forty-eight million dollars ($48,000,000).
6 (2) After June 30, 2021, if the total adjusted gross receipts
7 received by licensees from gambling games authorized under this
8 article during the preceding state fiscal year is equal to or greater
9 than the total adjusted gross receipts received by licensees from
10 gambling games authorized under this article during the state
11 fiscal year ending June 30, 2020, the maximum amount is
12 forty-eight million dollars ($48,000,000).
13 (3) After June 30, 2021, if the total adjusted gross receipts
14 received by licensees from gambling games authorized under this
15 article during the preceding state fiscal year is less than the total
16 adjusted gross receipts received by licensees from gambling
17 games authorized under this article during the state fiscal year
18 ending June 30, 2020, the maximum amount is equal to the result
19 of:
20 (A) forty-eight million dollars ($48,000,000); multiplied by
21 (B) the result of:
22 (i) the total adjusted gross receipts received by licensees
23 from gambling games authorized under this article during
24 the preceding state fiscal year; divided by
25 (ii) the total adjusted gross receipts received by licensees
26 from gambling games authorized under this article during
27 the state fiscal year ending June 30, 2020.
28 If the total amount determined under subsection (g) (f) exceeds the
29 maximum amount determined under this subsection, the amount
30 distributed to an entity under subsection (g) (f) must be reduced
31 according to the ratio that the amount distributed to the entity under
32 IC 4-33-12-6 or IC 4-33-12-8 bears to the total amount distributed
33 under IC 4-33-12-6 and IC 4-33-12-8 to all entities receiving a
34 supplemental distribution.
35 (j) (i) This subsection applies to a supplemental distribution, if any,
36 payable to Lake County, Hammond, Gary, or East Chicago under
37 subsections (g) (f) and (i). (h). Beginning in July 2016, the treasurer
38 auditor of state shall, after making any deductions from the
39 supplemental distribution required by IC 6-3.1-20-7, deduct from the
40 remainder of the supplemental distribution otherwise payable to the
41 unit under this section the lesser of:
42 (1) the remaining amount of the supplemental distribution; or
2022	IN 126—LS 6193/DI 125 12
1 (2) the difference, if any, between:
2 (A) three million five hundred thousand dollars ($3,500,000);
3 minus
4 (B) the amount of admissions taxes constructively received by
5 the unit in the previous state fiscal year.
6 The treasurer auditor of state shall distribute the amounts deducted
7 under this subsection to the northwest Indiana redevelopment authority
8 established under IC 36-7.5-2-1 for deposit in the development
9 authority revenue fund established under IC 36-7.5-4-1.
10 (k) (j) Money distributed to a political subdivision under subsection
11 (b):
12 (1) must be paid to the fiscal officer of the political subdivision
13 and may be deposited in the political subdivision's general fund
14 (in the case of a school corporation, the school corporation may
15 deposit the money into either the education fund (IC 20-40-2) or
16 the operations fund (IC 20-40-18)) or riverboat fund established
17 under IC 36-1-8-9, or both;
18 (2) may not be used to reduce the maximum levy under
19 IC 6-1.1-18.5 of a county, city, or town or the maximum tax rate
20 of a school corporation, but, except as provided in subsection
21 (b)(2)(B), (b)(3)(B), may be used at the discretion of the political
22 subdivision to reduce the property tax levy of the county, city, or
23 town for a particular year;
24 (3) except as provided in subsection (b)(2)(B), (b)(3)(B), may be
25 used for any legal or corporate purpose of the political
26 subdivision, including the pledge of money to bonds, leases, or
27 other obligations under IC 5-1-14-4; and
28 (4) is considered miscellaneous revenue.
29 Money distributed under subsection (b)(2)(B) (b)(3)(B) must be used
30 for the purposes specified in subsection (b)(2)(B). (b)(3)(B).
31 (l) (k) After June 30, 2020, the amount of wagering taxes that would
32 otherwise be distributed to South Bend under subsection (e) (d) shall
33 be deposited as being received from all riverboats whose supplemental
34 wagering tax, as calculated under IC 4-33-12-1.5(b), is over three and
35 five-tenths percent (3.5%). The amount deposited under this
36 subsection, in each riverboat's account, is proportionate to the
37 supplemental wagering tax received from that riverboat under
38 IC 4-33-12-1.5 in the month of July. The amount deposited under this
39 subsection must be distributed in the same manner as the supplemental
40 wagering tax collected under IC 4-33-12-1.5. This subsection expires
41 June 30, 2021.
42 (m) (l) After June 30, 2021, the amount of wagering taxes that
2022	IN 126—LS 6193/DI 125 13
1 would otherwise be distributed to South Bend under subsection (e) (d)
2 shall be withheld and deposited in the state general fund.
2022	IN 126—LS 6193/DI 125