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