1 | 1 | | |
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2 | 2 | | Introduced Version |
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3 | 3 | | HOUSE BILL No. 1048 |
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4 | 4 | | _____ |
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5 | 5 | | DIGEST OF INTRODUCED BILL |
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6 | 6 | | Citations Affected: IC 4-33; IC 4-35-8.3. |
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7 | 7 | | Synopsis: Various gaming issues. Provides that a hold harmless |
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8 | 8 | | agreement or an agreement to offset a financial loss between a casino, |
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9 | 9 | | riverboat, or unit of government and another unit of government |
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10 | 10 | | concerning potential losses of revenue by the other unit of government |
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11 | 11 | | is prohibited and unenforceable. Repeals the requirement that the |
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12 | 12 | | licensed owner of a riverboat operating in Vigo County pay certain |
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13 | 13 | | payments to the city of Evansville. Repeals language concerning a |
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14 | 14 | | supplemental payment to East Chicago, Hammond, and Michigan City |
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15 | 15 | | under certain circumstances. Repeals the historic hotel district |
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16 | 16 | | community support fee. |
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17 | 17 | | Effective: July 1, 2024. |
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18 | 18 | | Morrison |
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19 | 19 | | January 8, 2024, read first time and referred to Committee on Public Policy. |
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20 | 20 | | 2024 IN 1048—LS 6400/DI 107 Introduced |
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21 | 21 | | Second Regular Session of the 123rd General Assembly (2024) |
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22 | 22 | | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana |
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23 | 23 | | Constitution) is being amended, the text of the existing provision will appear in this style type, |
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24 | 24 | | additions will appear in this style type, and deletions will appear in this style type. |
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25 | 25 | | Additions: Whenever a new statutory provision is being enacted (or a new constitutional |
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26 | 26 | | provision adopted), the text of the new provision will appear in this style type. Also, the |
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27 | 27 | | word NEW will appear in that style type in the introductory clause of each SECTION that adds |
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28 | 28 | | a new provision to the Indiana Code or the Indiana Constitution. |
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29 | 29 | | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts |
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30 | 30 | | between statutes enacted by the 2023 Regular Session of the General Assembly. |
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31 | 31 | | HOUSE BILL No. 1048 |
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32 | 32 | | A BILL FOR AN ACT to amend the Indiana Code concerning |
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33 | 33 | | gaming. |
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34 | 34 | | Be it enacted by the General Assembly of the State of Indiana: |
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35 | 35 | | 1 SECTION 1. IC 4-33-1-6 IS ADDED TO THE INDIANA CODE |
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36 | 36 | | 2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
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37 | 37 | | 3 1, 2024]: Sec. 6. A hold harmless agreement or an agreement to |
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38 | 38 | | 4 offset a financial loss between a casino, riverboat, or unit of |
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39 | 39 | | 5 government and another unit of government concerning potential |
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40 | 40 | | 6 losses of revenue by the other unit of government is prohibited and |
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41 | 41 | | 7 unenforceable. |
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42 | 42 | | 8 SECTION 2. IC 4-33-6.7-7 IS REPEALED [EFFECTIVE JULY 1, |
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43 | 43 | | 9 2024]. Sec. 7. The licensed owner of a riverboat operating in Vigo |
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44 | 44 | | 10 County shall pay: |
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45 | 45 | | 11 (1) a one (1) time payment of one million two hundred thousand |
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46 | 46 | | 12 dollars ($1,200,000) within the first year that the licensed owner |
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47 | 47 | | 13 conducts gaming operations in Vigo County; |
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48 | 48 | | 14 (2) a one (1) time payment of nine hundred thousand dollars |
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49 | 49 | | 15 ($900,000) within the second year that the licensed owner |
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50 | 50 | | 16 conducts gaming operations in Vigo County; and |
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51 | 51 | | 17 (3) a one (1) time payment of six hundred thousand dollars |
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52 | 52 | | 2024 IN 1048—LS 6400/DI 107 2 |
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53 | 53 | | 1 ($600,000) within the third year that the licensed owner conducts |
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54 | 54 | | 2 gaming operations in Vigo County; |
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55 | 55 | | 3 to the city of Evansville. |
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56 | 56 | | 4 SECTION 3. IC 4-33-13-5.3 IS REPEALED [EFFECTIVE JULY |
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57 | 57 | | 5 1, 2024]. Sec. 5.3. (a) This section applies to each of the first four (4) |
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58 | 58 | | 6 full state fiscal years beginning after a licensed owner begins gaming |
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59 | 59 | | 7 operations under IC 4-33-6-4.5. |
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60 | 60 | | 8 (b) As used in this section, "qualified city" refers to East Chicago, |
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61 | 61 | | 9 Hammond, or Michigan City. |
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62 | 62 | | 10 (c) The auditor of state shall determine the total amount of money |
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63 | 63 | | 11 paid by the auditor of state under section 5(a)(2) of this chapter to |
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64 | 64 | | 12 Gary, East Chicago, Hammond, and Michigan City during the state |
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65 | 65 | | 13 fiscal year ending on June 30, 2019. The amount determined under this |
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66 | 66 | | 14 subsection for each city is the city's base year revenue. The auditor of |
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67 | 67 | | 15 state shall certify the base year revenue determined under this |
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68 | 68 | | 16 subsection to each city. |
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69 | 69 | | 17 (d) Subject to subsection (g), a qualified city is entitled to a |
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70 | 70 | | 18 supplemental payment under this section if both of the following occur |
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71 | 71 | | 19 in a particular state fiscal year: |
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72 | 72 | | 20 (1) The total amount payable to Gary under section 5(a)(2) of this |
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73 | 73 | | 21 chapter in the state fiscal year is greater than the base year |
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74 | 74 | | 22 revenue determined for Gary under subsection (c). |
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75 | 75 | | 23 (2) The amount payable to the qualified city under section 5(a)(2) |
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76 | 76 | | 24 of this chapter in the state fiscal year is less than the base year |
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77 | 77 | | 25 revenue determined for the qualified city under subsection (c). |
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78 | 78 | | 26 (e) Subject to subsection (g), the auditor of state shall deduct the |
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79 | 79 | | 27 lesser of the following from the amount otherwise payable to Gary to |
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80 | 80 | | 28 make a supplemental payment to a qualified city entitled to a payment |
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81 | 81 | | 29 under subsection (d): |
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82 | 82 | | 30 (1) The difference between the base year revenue determined for |
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83 | 83 | | 31 the qualified city under subsection (c) and the amount payable to |
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84 | 84 | | 32 the qualified city under section 5(a)(2) of this chapter. |
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85 | 85 | | 33 (2) The difference between the amount payable to Gary under |
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86 | 86 | | 34 section 5(a)(2) of this chapter and the base year revenue |
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87 | 87 | | 35 determined for Gary under subsection (c). |
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88 | 88 | | 36 (f) Subject to subsection (g), the auditor of state shall supplement |
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89 | 89 | | 37 the amount payable to the qualified city under section 5(a)(2) of this |
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90 | 90 | | 38 chapter with a payment equal to the amount deducted under subsection |
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91 | 91 | | 39 (e) for the qualified city. |
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92 | 92 | | 40 (g) The auditor of state may not deduct from the amounts payable |
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93 | 93 | | 41 under section 5(a)(2) of this chapter to Gary in a particular state fiscal |
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94 | 94 | | 42 year an amount greater than the difference between the amount payable |
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95 | 95 | | 2024 IN 1048—LS 6400/DI 107 3 |
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96 | 96 | | 1 to Gary under section 5(a)(2) of this chapter and the base year revenue |
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97 | 97 | | 2 determined for Gary under subsection (c). If the total amount of the |
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98 | 98 | | 3 supplemental payments determined for qualified cities exceeds the |
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99 | 99 | | 4 amount that may be deducted under this section, the amount paid to |
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100 | 100 | | 5 each qualified city entitled to a supplemental payment must be |
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101 | 101 | | 6 determined under STEP FOUR the following formula: |
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102 | 102 | | 7 STEP ONE: Determine the difference between the qualified city's |
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103 | 103 | | 8 base year revenue and the amount payable to the qualified city |
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104 | 104 | | 9 under section 5(a)(2) of this chapter for the particular state fiscal |
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105 | 105 | | 10 year. |
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106 | 106 | | 11 STEP TWO: Determine the sum of the STEP ONE results for all |
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107 | 107 | | 12 qualified cities entitled to a supplemental payment in the |
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108 | 108 | | 13 particular state fiscal year. |
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109 | 109 | | 14 STEP THREE: Determine for each qualified city entitled to a |
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110 | 110 | | 15 supplemental payment in the particular state fiscal year the |
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111 | 111 | | 16 quotient of: |
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112 | 112 | | 17 (A) the STEP ONE result for the qualified city; divided by |
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113 | 113 | | 18 (B) the STEP TWO result. |
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114 | 114 | | 19 STEP FOUR: Determine for each qualified city entitled to a |
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115 | 115 | | 20 supplemental payment in the particular state fiscal year the |
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116 | 116 | | 21 product of: |
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117 | 117 | | 22 (A) the STEP THREE quotient; multiplied by |
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118 | 118 | | 23 (B) the maximum amount that may be deducted from the |
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119 | 119 | | 24 amounts payable under section 5(a)(2) of this chapter for Gary. |
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120 | 120 | | 25 SECTION 4. IC 4-35-8.3 IS REPEALED [EFFECTIVE JULY 1, |
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121 | 121 | | 26 2024]. (Historic Hotel District Community Support Fee). |
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122 | 122 | | 2024 IN 1048—LS 6400/DI 107 |
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