Indiana 2024 Regular Session

Indiana House Bill HB1161 Compare Versions

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22 Introduced Version
33 HOUSE BILL No. 1161
44 _____
55 DIGEST OF INTRODUCED BILL
66 Citations Affected: IC 4-31; IC 4-33; IC 4-35; IC 4-38-10; IC 4-40;
77 IC 6-1.1-4-31.5; IC 6-3.1-20-7; IC 6-8.1-3-17; IC 20-26-5-22.5;
88 IC 20-47-1; IC 36-1; IC 36-7.5.
99 Synopsis: Gaming revenue distribution. Establishes the gaming
1010 revenue fund (fund). Provides that tax revenue collected after June 30,
1111 2024, from the imposition of the wagering tax, the supplemental
1212 wagering tax, the graduated slot machine wagering tax, the county
1313 gambling game wagering fee, the sports wagering tax, and taxes and
1414 fees imposed on pari-mutuel wagering, except for tax revenue collected
1515 from an operating agent, is deposited in the fund. Provides that the state
1616 comptroller administers the fund. Provides for distribution of the
1717 money in the fund. Makes corresponding changes. Makes an
1818 appropriation. Reconciles conflicting statutes.
1919 Effective: July 1, 2024.
2020 Pressel
2121 January 8, 2024, read first time and referred to Committee on Ways and Means.
2222 2024 IN 1161—LS 6491/DI 125 Introduced
2323 Second Regular Session of the 123rd General Assembly (2024)
2424 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
2525 Constitution) is being amended, the text of the existing provision will appear in this style type,
2626 additions will appear in this style type, and deletions will appear in this style type.
2727 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
2828 provision adopted), the text of the new provision will appear in this style type. Also, the
2929 word NEW will appear in that style type in the introductory clause of each SECTION that adds
3030 a new provision to the Indiana Code or the Indiana Constitution.
3131 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
3232 between statutes enacted by the 2023 Regular Session of the General Assembly.
3333 HOUSE BILL No. 1161
3434 A BILL FOR AN ACT to amend the Indiana Code concerning
3535 gaming and to make an appropriation.
3636 Be it enacted by the General Assembly of the State of Indiana:
3737 1 SECTION 1. IC 4-31-9-3, AS AMENDED BY P.L.137-2022,
3838 2 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3939 3 JULY 1, 2024]: Sec. 3. (a) At the close of each day on which a permit
4040 4 holder or satellite facility operator conducts pari-mutuel wagering on
4141 5 live racing or simulcasts at a racetrack or satellite facility, the permit
4242 6 holder or satellite facility operator shall pay to the department of state
4343 7 revenue a tax on the total amount of money wagered on that day as
4444 8 follows:
4545 9 (1) Two percent (2%) of the total amount of money wagered
4646 10 under IC 4-31-7 at a permit holder's racetrack.
4747 11 (2) Two and one-half percent (2.5%) of the total amount of money
4848 12 wagered under IC 4-31-5.5-6 at a permit holder's satellite facility.
4949 13 (b) This subsection applies to taxes collected under subsection
5050 14 (a) before July 1, 2024. The taxes collected under subsection (a) shall
5151 15 be paid from the amounts withheld under section 1 of this chapter and
5252 16 shall be distributed as follows:
5353 17 (1) The first one hundred fifty thousand dollars ($150,000) of
5454 2024 IN 1161—LS 6491/DI 125 2
5555 1 taxes collected during each state fiscal year shall be deposited in
5656 2 the veterinary school research account established by
5757 3 IC 4-31-12-22.
5858 4 (2) The remainder of the taxes collected during each state fiscal
5959 5 year shall be paid into the Indiana horse racing commission
6060 6 operating fund (IC 4-31-10).
6161 7 (c) This subsection applies to taxes collected under subsection
6262 8 (a) after June 30, 2024. The taxes collected under subsection (a)
6363 9 shall be paid from the amounts withheld under section 1 of this
6464 10 chapter and shall be deposited in the gaming revenue fund
6565 11 established by IC 4-40-3-1.
6666 12 (c) (d) The tax imposed by this section is a listed tax for purposes
6767 13 of IC 6-8.1-1.
6868 14 (d) (e) The payment of the tax under this section must be reported
6969 15 and remitted electronically through the department's online tax filing
7070 16 program.
7171 17 SECTION 2. IC 4-31-9-5 IS AMENDED TO READ AS FOLLOWS
7272 18 [EFFECTIVE JULY 1, 2024]: Sec. 5. (a) At the close of each day on
7373 19 which pari-mutuel wagering is conducted, each permit holder or
7474 20 satellite facility operator shall pay to the department of state revenue
7575 21 a tax equal to twenty cents ($0.20) for each person who paid an
7676 22 admission charge for the privilege of entering the racetrack grounds or
7777 23 satellite facility on that day. Separate computations shall be made of
7878 24 the number of patrons at each location. If tickets are issued for more
7979 25 than one (1) day, the sum of twenty cents ($0.20) shall be paid for each
8080 26 person using the ticket on each day that it is used.
8181 27 (b) This subsection applies to taxes collected under subsection
8282 28 (a) before July 1, 2024. Before the fifteenth day of each month, the
8383 29 taxes collected under subsection (a) during the preceding month shall
8484 30 be distributed as follows:
8585 31 (1) Fifty percent (50%) of the taxes shall be distributed in equal
8686 32 shares to the fiscal officers of:
8787 33 (A) the city, if any;
8888 34 (B) the town, if any; and
8989 35 (C) the county;
9090 36 in which the racetrack is located. The city, town, or county may
9191 37 use this money as general fund operating revenues.
9292 38 (2) Fifty percent (50%) of the taxes shall be deposited in the state
9393 39 general fund.
9494 40 (c) This subsection applies to taxes collected under subsection
9595 41 (a) after June 30, 2024. Before the fifteenth day of each month, the
9696 42 taxes collected under subsection (a) during the preceding month
9797 2024 IN 1161—LS 6491/DI 125 3
9898 1 shall be deposited in the gaming revenue fund established by
9999 2 IC 4-40-3-1.
100100 3 (c) (d) The tax imposed by this section is a listed tax for purposes
101101 4 of IC 6-8.1-1.
102102 5 SECTION 3. IC 4-31-9-7, AS AMENDED BY P.L.210-2013,
103103 6 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
104104 7 JULY 1, 2024]: Sec. 7. (a) This section does not apply to money
105105 8 wagered on simulcasts of horse races televised under IC 4-31-7-7.
106106 9 (b) Each permit holder shall pay a fee after the completion of each
107107 10 racing meeting. This fee is in addition to the taxes imposed by section
108108 11 3 of this chapter. Except as provided in subsection (c), the amount of
109109 12 this fee is determined as follows:
110110 13 (1) If the total amount of wagering at the racing meeting is less
111111 14 than five million dollars ($5,000,000), the fee is one-tenth of one
112112 15 percent (0.1%) of the total amount wagered.
113113 16 (2) If the total amount of wagering at the racing meeting is five
114114 17 million dollars ($5,000,000) or more, the fee is fifteen-hundredths
115115 18 of one percent (0.15%) of the total amount wagered.
116116 19 (c) The fees collected under this section from any one (1) permit
117117 20 holder may not exceed fifteen thousand dollars ($15,000) from any one
118118 21 (1) horse racing meeting in a calendar year.
119119 22 (d) This subsection applies to fees collected under this section
120120 23 before July 1, 2024. Within ten (10) days after the close of each racing
121121 24 meeting, the permit holder shall forward the fee imposed by this
122122 25 section in equal shares to the fiscal officers of the:
123123 26 (1) city, if any;
124124 27 (2) town, if any; and
125125 28 (3) county;
126126 29 in which the racing meeting took place. The city, town, or county may
127127 30 use this money as general fund operating revenues.
128128 31 (e) This subsection applies to fees collected under this section
129129 32 after June 30, 2024. Within ten (10) days after the close of each
130130 33 racing meeting, the permit holder shall forward the fees imposed
131131 34 by this section to the state comptroller. The state comptroller shall
132132 35 deposit the fees collected under this section in the gaming revenue
133133 36 fund established by IC 4-40-3-1.
134134 37 SECTION 4. IC 4-31-9-9, AS AMENDED BY THE TECHNICAL
135135 38 CORRECTIONS BILL OF THE 2024 GENERAL ASSEMBLY, IS
136136 39 AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2024]:
137137 40 Sec. 9. (a) This subsection applies to amounts withheld before July
138138 41 1, 2024. Before January 15 and July 15 of each year, each permit
139139 42 holder that operates satellite facilities shall forward to the auditor of
140140 2024 IN 1161—LS 6491/DI 125 4
141141 1 state comptroller an amount equal to one-half of one percent (0.5%)
142142 2 of the total amount of money wagered at that permit holder's satellite
143143 3 facilities during the six (6) month period ending on the last day of the
144144 4 preceding month. The auditor of state comptroller shall distribute
145145 5 amounts received under this section as follows:
146146 6 (1) Fifty percent (50%) of the amounts received shall be deposited
147147 7 in the livestock industry promotion and development fund
148148 8 established by IC 15-11-5-4.
149149 9 (2) Fifty percent (50%) of the amounts received shall be
150150 10 distributed to the state fair commission for use in any activity that
151151 11 the commission is authorized to carry out under IC 15-13-3.
152152 12 (b) This subsection applies to amounts withheld after June 30,
153153 13 2024. Before January 15 and July 15 of each year, each permit
154154 14 holder that operates satellite facilities shall forward to the state
155155 15 comptroller an amount equal to one-half of one percent (0.5%) of
156156 16 the total amount of money wagered at that permit holder's satellite
157157 17 facilities during the six (6) month period ending on the last day of
158158 18 the preceding month. The state comptroller shall deposit amounts
159159 19 received under this section in the gaming revenue fund established
160160 20 by IC 4-40-3-1.
161161 21 (b) (c) Payments required by this section shall be made from
162162 22 amounts withheld by the permit holder under section 1 of this chapter.
163163 23 SECTION 5. IC 4-31-10-3, AS AMENDED BY P.L.108-2019,
164164 24 SECTION 71, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
165165 25 JULY 1, 2024]: Sec. 3. The fund consists of the following:
166166 26 (1) Before July 1, 2024, taxes paid into the fund under
167167 27 IC 4-31-9-3(b)(2).
168168 28 (2) Before July 1, 2024, transfers from the Indiana horse racing
169169 29 commission under IC 4-35-7-12.5.
170170 30 (3) Appropriations made by the general assembly.
171171 31 SECTION 6. IC 4-31-12-22 IS AMENDED TO READ AS
172172 32 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 22. (a) The veterinary
173173 33 school research account (referred to in this section as "the account") is
174174 34 established as an account within the state general fund. The account
175175 35 shall be administered by Purdue University. The account does not
176176 36 revert to the state general fund at the end of a state fiscal year.
177177 37 (b) The account consists of:
178178 38 (A) before July 1, 2024, money deposited in the account
179179 39 under IC 4-31-9-3; and
180180 40 (B) after June 30, 2024, money distributed from the
181181 41 gaming revenue fund established by IC 4-40-3-1.
182182 42 (c) Money in the account is annually appropriated to the Purdue
183183 2024 IN 1161—LS 6491/DI 125 5
184184 1 University School of Veterinary Medicine for use in equine research.
185185 2 Research conducted under this section must include but is not limited
186186 3 to research on the effects of drugs on the race performance of horses.
187187 4 (d) Before January 15 of each year, the Purdue University School of
188188 5 Veterinary Medicine shall make a written report to the commission
189189 6 concerning:
190190 7 (1) the uses of the money received by the school under this
191191 8 section; and
192192 9 (2) the results of the research conducted by the school under this
193193 10 section.
194194 11 SECTION 7. IC 4-33-12-5.5 IS ADDED TO THE INDIANA CODE
195195 12 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
196196 13 1, 2024]: Sec. 5.5. The department shall deposit all tax revenue
197197 14 collected under this chapter after June 30, 2024, in the gaming
198198 15 revenue fund established by IC 4-40-3-1.
199199 16 SECTION 8. IC 4-33-12-6, AS AMENDED BY P.L.104-2022,
200200 17 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
201201 18 JULY 1, 2024]: Sec. 6. (a) The department shall place in the state
202202 19 general fund the tax revenue collected under this chapter before July
203203 20 1, 2024.
204204 21 (b) This subsection applies only to tax revenue collected under
205205 22 this chapter before July 1, 2024. Except as provided by sections 8 and
206206 23 8.5 of this chapter, the treasurer of state shall quarterly pay the
207207 24 following amounts:
208208 25 (1) Except as provided in section 9(k) of this chapter, thirty-three
209209 26 and one-third percent (33 1/3%) of the admissions tax and
210210 27 supplemental wagering tax collected by the licensed owner during
211211 28 the quarter shall be paid to:
212212 29 (A) the city in which the riverboat is located, if the city:
213213 30 (i) is located in a county having a population of more than
214214 31 one hundred twelve thousand (112,000) and less than one
215215 32 hundred twenty thousand (120,000); or
216216 33 (ii) is contiguous to the Ohio River and is the largest city in
217217 34 the county; and
218218 35 (B) the county in which the riverboat is located, if the
219219 36 riverboat is not located in a city described in clause (A).
220220 37 (2) Except as provided in section 9(k) of this chapter, thirty-three
221221 38 and one-third percent (33 1/3%) of the admissions tax and
222222 39 supplemental wagering tax collected by the licensed owner during
223223 40 the quarter shall be paid to the county in which the riverboat is
224224 41 located. In the case of a county described in subdivision (1)(B),
225225 42 this thirty-three and one-third percent (33 1/3%) of the admissions
226226 2024 IN 1161—LS 6491/DI 125 6
227227 1 tax and supplemental wagering tax is in addition to the
228228 2 thirty-three and one-third percent (33 1/3%) received under
229229 3 subdivision (1)(B).
230230 4 (3) Except as provided in section 9(k) of this chapter, three and
231231 5 thirty-three hundredths percent (3.33%) of the admissions tax and
232232 6 supplemental wagering tax collected by the licensed owner during
233233 7 the quarter shall be paid to the county convention and visitors
234234 8 bureau or promotion fund for the county in which the riverboat is
235235 9 located.
236236 10 (4) Except as provided in section 9(k) of this chapter, five percent
237237 11 (5%) of the admissions tax and supplemental wagering tax
238238 12 collected by the licensed owner during a quarter shall be paid to
239239 13 the state fair commission, for use in any activity that the
240240 14 commission is authorized to carry out under IC 15-13-3.
241241 15 (5) Except as provided in section 9(k) of this chapter, three and
242242 16 thirty-three hundredths percent (3.33%) of the admissions tax and
243243 17 supplemental wagering tax collected by the licensed owner during
244244 18 the quarter shall be paid to the division of mental health and
245245 19 addiction. The division shall allocate at least twenty-five percent
246246 20 (25%) of the funds derived from the admissions tax to the
247247 21 prevention and treatment of compulsive gambling.
248248 22 (6) Twenty-one and six hundred sixty-seven thousandths percent
249249 23 (21.667%) of the admissions tax and supplemental wagering tax
250250 24 collected by the licensed owner during the quarter shall be paid
251251 25 to the state general fund.
252252 26 SECTION 9. IC 4-33-12-8, AS AMENDED BY P.L.109-2018,
253253 27 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
254254 28 JULY 1, 2024]: Sec. 8. (a) This section applies to tax revenue collected
255255 29 before July 1, 2024, from a riverboat operating from Lake County.
256256 30 (b) Except as provided by IC 6-3.1-20-7, the treasurer of state shall
257257 31 quarterly pay the following amounts from the taxes collected during the
258258 32 preceding calendar quarter from the riverboat operating from East
259259 33 Chicago:
260260 34 (1) The lesser of:
261261 35 (A) eight hundred seventy-five thousand dollars ($875,000);
262262 36 or
263263 37 (B) thirty-three and one-third percent (33 1/3%) of the
264264 38 admissions tax and supplemental wagering tax collected by the
265265 39 licensed owner during the preceding calendar quarter;
266266 40 to the fiscal officer of the northwest Indiana regional development
267267 41 authority to partially satisfy East Chicago's funding obligation to
268268 42 the authority under IC 36-7.5-4-2.
269269 2024 IN 1161—LS 6491/DI 125 7
270270 1 (2) The lesser of:
271271 2 (A) two hundred eighteen thousand seven hundred fifty dollars
272272 3 ($218,750); or
273273 4 (B) thirty-three and one-third percent (33 1/3%) of the
274274 5 admissions tax and supplemental wagering tax collected by the
275275 6 licensed owner during the preceding calendar quarter;
276276 7 to the fiscal officer of the northwest Indiana regional development
277277 8 authority to partially satisfy Lake County's funding obligation to
278278 9 the authority under IC 36-7.5-4-2.
279279 10 (3) Except as provided in section 9(k) of this chapter, the
280280 11 remainder, if any, of:
281281 12 (A) thirty-three and one-third percent (33 1/3%) of the
282282 13 admissions tax and supplemental wagering tax collected by the
283283 14 licensed owner during the preceding calendar quarter; minus
284284 15 (B) the amount distributed to the northwest Indiana regional
285285 16 development authority under subdivision (1) for the calendar
286286 17 quarter;
287287 18 must be paid to the city of East Chicago.
288288 19 (4) Except as provided in section 9(k) of this chapter, the
289289 20 remainder, if any, of:
290290 21 (A) thirty-three and one-third percent (33 1/3%) of the
291291 22 admissions tax and supplemental wagering tax collected by the
292292 23 licensed owner during the preceding calendar quarter; minus
293293 24 (B) the amount distributed to the northwest Indiana regional
294294 25 development authority under subdivision (2) for the calendar
295295 26 quarter;
296296 27 must be paid to Lake County.
297297 28 (5) Except as provided in section 9(k) of this chapter, three
298298 29 percent (3%) of the admissions tax and supplemental wagering
299299 30 tax collected by the licensed owner during the preceding calendar
300300 31 quarter must be paid to the county convention and visitors bureau
301301 32 for Lake County.
302302 33 (6) Except as provided in section 9(k) of this chapter, three
303303 34 hundred thirty-three thousandths percent (.333%) of the
304304 35 admissions tax and supplemental wagering tax collected by the
305305 36 licensed owner during the preceding calendar quarter must be
306306 37 paid to the northwest Indiana law enforcement training center.
307307 38 (7) Except as provided in section 9(k) of this chapter, five percent
308308 39 (5%) of the admissions tax and supplemental wagering tax
309309 40 collected by the licensed owner during the preceding calendar
310310 41 quarter must be paid to the state fair commission for use in any
311311 42 activity that the commission is authorized to carry out under
312312 2024 IN 1161—LS 6491/DI 125 8
313313 1 IC 15-13-3.
314314 2 (8) Except as provided in section 9(k) of this chapter, three and
315315 3 thirty-three hundredths percent (3.33%) of the admissions tax and
316316 4 supplemental wagering tax collected by the licensed owner during
317317 5 the preceding calendar quarter must be paid to the division of
318318 6 mental health and addiction.
319319 7 (9) Twenty-one and six hundred sixty-seven thousandths percent
320320 8 (21.667%) of the admissions tax and supplemental wagering tax
321321 9 collected by the licensed owner during the preceding calendar
322322 10 quarter must be paid to the state general fund.
323323 11 (c) Except as provided by IC 6-3.1-20-7, the treasurer of state shall
324324 12 quarterly pay the following amounts from the taxes collected during the
325325 13 preceding calendar quarter from each riverboat operating in Gary:
326326 14 (1) The lesser of:
327327 15 (A) four hundred thirty-seven thousand five hundred dollars
328328 16 ($437,500); or
329329 17 (B) thirty-three and one-third percent (33 1/3%) of the
330330 18 admissions tax and supplemental wagering tax collected by the
331331 19 licensed owner during the preceding calendar quarter;
332332 20 to the fiscal officer of the northwest Indiana regional development
333333 21 authority to partially satisfy Gary's funding obligation to the
334334 22 authority under IC 36-7.5-4-2.
335335 23 (2) The lesser of:
336336 24 (A) two hundred eighteen thousand seven hundred fifty dollars
337337 25 ($218,750); or
338338 26 (B) thirty-three and one-third percent (33 1/3%) of the
339339 27 admissions tax and supplemental wagering tax collected by the
340340 28 licensed owner during the preceding calendar quarter;
341341 29 to the fiscal officer of the northwest Indiana regional development
342342 30 authority to partially satisfy Lake County's funding obligation to
343343 31 the authority under IC 36-7.5-4-2.
344344 32 (3) Except as provided in section 9(k) of this chapter, the
345345 33 remainder, if any, of:
346346 34 (A) thirty-three and one-third percent (33 1/3%) of the
347347 35 admissions tax and supplemental wagering tax collected by the
348348 36 licensed owner of a riverboat operating in Gary during the
349349 37 preceding calendar quarter; minus
350350 38 (B) the amount distributed to the northwest Indiana regional
351351 39 development authority under subdivision (1) for the calendar
352352 40 quarter;
353353 41 must be paid to the city of Gary.
354354 42 (4) Except as provided in section 9(k) of this chapter, the
355355 2024 IN 1161—LS 6491/DI 125 9
356356 1 remainder, if any, of:
357357 2 (A) thirty-three and one-third percent (33 1/3%) of the
358358 3 admissions tax and supplemental wagering tax collected by the
359359 4 licensed owner of a riverboat operating in Gary during the
360360 5 preceding calendar quarter; minus
361361 6 (B) the amount distributed to the northwest Indiana regional
362362 7 development authority under subdivision (2) for the calendar
363363 8 quarter;
364364 9 must be paid to Lake County.
365365 10 (5) Except as provided in section 9(k) of this chapter, three
366366 11 percent (3%) of the admissions tax and supplemental wagering
367367 12 tax collected by the licensed owner of a riverboat operating in
368368 13 Gary during the preceding calendar quarter must be paid to the
369369 14 county convention and visitors bureau for Lake County.
370370 15 (6) Except as provided in section 9(k) of this chapter, three
371371 16 hundred thirty-three thousandths percent (.333%) of the
372372 17 admissions tax and supplemental wagering tax collected by the
373373 18 licensed owner of a riverboat operating in Gary during the
374374 19 preceding calendar quarter must be paid to the northwest Indiana
375375 20 law enforcement training center.
376376 21 (7) Except as provided in section 9(k) of this chapter, five percent
377377 22 (5%) of the admissions tax and supplemental wagering tax
378378 23 collected by the licensed owner of a riverboat operating in Gary
379379 24 during the preceding calendar quarter must be paid to the state
380380 25 fair commission for use in any activity that the commission is
381381 26 authorized to carry out under IC 15-13-3.
382382 27 (8) Except as provided in section 9(k) of this chapter, three and
383383 28 thirty-three hundredths percent (3.33%) of the admissions tax and
384384 29 supplemental wagering tax collected by the licensed owner of a
385385 30 riverboat operating in Gary during the preceding calendar quarter
386386 31 must be paid to the division of mental health and addiction.
387387 32 (9) Twenty-one and six hundred sixty-seven thousandths percent
388388 33 (21.667%) of the admissions tax and supplemental wagering tax
389389 34 collected by the licensed owner of a riverboat operating in Gary
390390 35 during the preceding calendar quarter must be paid to the state
391391 36 general fund.
392392 37 (d) Except as provided by IC 6-3.1-20-7, the treasurer of state shall
393393 38 quarterly pay the following amounts from the taxes collected during the
394394 39 preceding calendar quarter from the riverboat operating in Hammond:
395395 40 (1) The lesser of:
396396 41 (A) eight hundred seventy-five thousand dollars ($875,000);
397397 42 or
398398 2024 IN 1161—LS 6491/DI 125 10
399399 1 (B) thirty-three and one-third percent (33 1/3%) of the
400400 2 admissions tax and supplemental wagering tax collected by the
401401 3 licensed owner of a riverboat operating in Hammond during
402402 4 the preceding calendar quarter;
403403 5 to the fiscal officer of the northwest Indiana regional development
404404 6 authority to partially satisfy Hammond's funding obligation to the
405405 7 authority under IC 36-7.5-4-2.
406406 8 (2) The lesser of:
407407 9 (A) two hundred eighteen thousand seven hundred fifty dollars
408408 10 ($218,750); or
409409 11 (B) thirty-three and one-third percent (33 1/3%) of the
410410 12 admissions tax and supplemental wagering tax collected by the
411411 13 licensed owner during the preceding calendar quarter;
412412 14 to the fiscal officer of the northwest Indiana regional development
413413 15 authority to partially satisfy Lake County's funding obligation to
414414 16 the authority under IC 36-7.5-4-2.
415415 17 (3) Except as provided in section 9(k) of this chapter, the
416416 18 remainder, if any, of:
417417 19 (A) thirty-three and one-third percent (33 1/3%) of the
418418 20 admissions tax and supplemental wagering tax collected by the
419419 21 licensed owner of the riverboat during the preceding calendar
420420 22 quarter; minus
421421 23 (B) the amount distributed to the northwest Indiana regional
422422 24 development authority under subdivision (1) for the calendar
423423 25 quarter;
424424 26 must be paid to the city of Hammond.
425425 27 (4) Except as provided in section 9(k) of this chapter, the
426426 28 remainder, if any, of:
427427 29 (A) thirty-three and one-third percent (33 1/3%) of the
428428 30 admissions tax and supplemental wagering tax collected by the
429429 31 licensed owner of the riverboat during the preceding calendar
430430 32 quarter; minus
431431 33 (B) the amount distributed to the northwest Indiana regional
432432 34 development authority under subdivision (2) for the calendar
433433 35 quarter;
434434 36 must be paid to Lake County.
435435 37 (5) Except as provided in section 9(k) of this chapter, three
436436 38 percent (3%) of the admissions tax and supplemental wagering
437437 39 tax collected by the licensed owner of the riverboat during the
438438 40 preceding calendar quarter must be paid to the county convention
439439 41 and visitors bureau for Lake County.
440440 42 (6) Except as provided in section 9(k) of this chapter, three
441441 2024 IN 1161—LS 6491/DI 125 11
442442 1 hundred thirty-three thousandths percent (.333%) of the
443443 2 admissions tax and supplemental wagering tax collected by the
444444 3 licensed owner of a riverboat during the preceding calendar
445445 4 quarter must be paid to the northwest Indiana law enforcement
446446 5 training center.
447447 6 (7) Except as provided in section 9(k) of this chapter, five percent
448448 7 (5%) of the admissions tax and supplemental wagering tax
449449 8 collected by the licensed owner of the riverboat during the
450450 9 preceding calendar quarter must be paid to the state fair
451451 10 commission for use in any activity that the commission is
452452 11 authorized to carry out under IC 15-13-3.
453453 12 (8) Except as provided in section 9(k) of this chapter, three and
454454 13 thirty-three hundredths percent (3.33%) of the admissions tax and
455455 14 supplemental wagering tax collected by the licensed owner for
456456 15 each person admitted to the riverboat during the preceding
457457 16 calendar quarter must be paid to the division of mental health and
458458 17 addiction.
459459 18 (9) Twenty-one and six hundred sixty-seven thousandths percent
460460 19 (21.667%) of the admissions tax and supplemental wagering tax
461461 20 collected by the licensed owner of the riverboat during the
462462 21 preceding calendar quarter must be paid to the state general fund.
463463 22 SECTION 10. IC 4-33-12-8.5, AS ADDED BY P.L.293-2019,
464464 23 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
465465 24 JULY 1, 2024]: Sec. 8.5. (a) This section applies only to tax revenue
466466 25 collected before July 1, 2024, from an inland casino located in Vigo
467467 26 County.
468468 27 (b) The treasurer of state shall pay the following amounts from taxes
469469 28 collected during the preceding calendar quarter from the inland casino
470470 29 located in Vigo County:
471471 30 (1) Forty percent (40%) to the city of Terre Haute.
472472 31 (2) Thirty percent (30%) to Vigo County.
473473 32 (3) Fifteen percent (15%) to the Vigo County school corporation.
474474 33 (4) Fifteen percent (15%) to West Central 2025.
475475 34 (c) This subsection applies to a city or county receiving money
476476 35 under subsection (b). Money paid to a city or county under subsection
477477 36 (b):
478478 37 (1) must be paid to the fiscal officer of the unit and may be
479479 38 deposited in the unit's general fund or a riverboat fund established
480480 39 by the city or county under IC 36-1-8-9, or both;
481481 40 (2) may not be used to reduce the unit's maximum levy under
482482 41 IC 6-1.1-18.5 but may be used at the discretion of the unit to
483483 42 reduce the property tax levy of the unit for a particular year;
484484 2024 IN 1161—LS 6491/DI 125 12
485485 1 (3) may be used for any legal or corporate purpose of the unit,
486486 2 including the pledge of money to bonds, leases, or other
487487 3 obligations under IC 5-1-14-4; and
488488 4 (4) is considered miscellaneous revenue.
489489 5 (d) Money paid to a school corporation under subsection (b)(3):
490490 6 (1) may be used for any legal or corporate purpose of the school
491491 7 corporation, including the pledge of money to bonds, leases, or
492492 8 other obligations under IC 5-1-14-4; and
493493 9 (2) is considered miscellaneous revenue.
494494 10 (e) Money paid to West Central 2025 under subsection (b)(4) must
495495 11 be used for the development and implementation of a regional
496496 12 economic development strategy that:
497497 13 (1) assists the residents of Vigo County and the other participating
498498 14 counties in West Central 2025 in improving the quality of life in
499499 15 the region; and
500500 16 (2) promotes successful and sustainable communities.
501501 17 (f) The fiscal officer of West Central 2025 shall annually submit a
502502 18 report to the Indiana economic development corporation concerning the
503503 19 organization's use of the money received under subsection (b)(4) and
504504 20 the development and implementation of the regional economic
505505 21 development strategy required by subsection (e).
506506 22 SECTION 11. IC 4-33-12.5-6, AS AMENDED BY P.L.204-2016,
507507 23 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
508508 24 JULY 1, 2024]: Sec. 6. (a) Lake County shall distribute twenty-five
509509 25 percent (25%) of:
510510 26 (1) before July 1, 2024, the:
511511 27 (1) (A) admissions tax revenue received by the county under
512512 28 IC 4-33-12-8; and
513513 29 (2) (B) supplemental distributions received under
514514 30 IC 4-33-13-5; and
515515 31 (2) after June 30, 2024, the distributions received by the
516516 32 county under IC 4-40;
517517 33 to the eligible municipalities.
518518 34 (b) The amount that shall be distributed by the county to each
519519 35 eligible municipality under subsection (a) is based on the eligible
520520 36 municipality's proportionate share of the total population of all eligible
521521 37 municipalities. The most current certified census information available
522522 38 shall be used to determine an eligible municipality's proportionate
523523 39 share under this subsection. The determination of proportionate shares
524524 40 under this subsection shall be modified under the following conditions:
525525 41 (1) The certification from any decennial census completed by the
526526 42 United States Bureau of the Census.
527527 2024 IN 1161—LS 6491/DI 125 13
528528 1 (2) Submission by one (1) or more eligible municipalities of a
529529 2 certified special census commissioned by an eligible municipality
530530 3 and performed by the United States Bureau of the Census.
531531 4 (c) If proportionate shares are modified under subsection (b),
532532 5 distribution to eligible municipalities shall change with the:
533533 6 (1) payments beginning April 1 of the year following the
534534 7 certification of a special census under subsection (b)(2); and
535535 8 (2) the next quarterly payment following the certification of a
536536 9 decennial census under subsection (b)(1).
537537 10 SECTION 12. IC 4-33-13-3, AS AMENDED BY P.L.195-2023,
538538 11 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
539539 12 JULY 1, 2024]: Sec. 3. (a) Except as provided in section 2.5 of this
540540 13 chapter, the department shall deposit tax revenue collected under this
541541 14 chapter before July 1, 2024, in the state gaming fund.
542542 15 (b) Except as provided in section 2.5 of this chapter, the
543543 16 department shall deposit tax revenue collected under this chapter
544544 17 after June 30, 2024:
545545 18 (1) in the case of tax revenue remitted by an operating agent
546546 19 operating a riverboat in a historic hotel district, in the state
547547 20 gaming fund; and
548548 21 (2) in the case of tax revenue remitted by a licensed owner, in
549549 22 the gaming revenue fund established by IC 4-40-3-1.
550550 23 SECTION 13. IC 4-33-13-5, AS AMENDED BY THE
551551 24 TECHNICAL CORRECTIONS BILL OF THE 2024 GENERAL
552552 25 ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
553553 26 JULY 1, 2024]: Sec. 5. (a) This subsection does not apply to tax
554554 27 revenue remitted by a licensed owner after June 30, 2024, or by an
555555 28 operating agent operating a riverboat in a historic hotel district.
556556 29 Excluding funds that are appropriated in the biennial budget act from
557557 30 the state gaming fund to the commission for purposes of administering
558558 31 this article, each month the auditor of state comptroller shall distribute
559559 32 the tax revenue deposited in the state gaming fund under this chapter
560560 33 to the following:
561561 34 (1) An amount equal to the following shall be set aside for
562562 35 revenue sharing under subsection (d):
563563 36 (A) Before July 1, 2021, the first thirty-three million dollars
564564 37 ($33,000,000) of tax revenues collected under this chapter
565565 38 shall be set aside for revenue sharing under subsection (d).
566566 39 (B) After June 30, 2021, if the total adjusted gross receipts
567567 40 received by licensees from gambling games authorized under
568568 41 this article during the preceding state fiscal year is equal to or
569569 42 greater than the total adjusted gross receipts received by
570570 2024 IN 1161—LS 6491/DI 125 14
571571 1 licensees from gambling games authorized under this article
572572 2 during the state fiscal year ending June 30, 2020, the first
573573 3 thirty-three million dollars ($33,000,000) of tax revenues
574574 4 collected under this chapter shall be set aside for revenue
575575 5 sharing under subsection (d).
576576 6 (C) After June 30, 2021, if the total adjusted gross receipts
577577 7 received by licensees from gambling games authorized under
578578 8 this article during the preceding state fiscal year is less than
579579 9 the total adjusted gross receipts received by licensees from
580580 10 gambling games authorized under this article during the state
581581 11 year ending June 30, 2020, an amount equal to the first
582582 12 thirty-three million dollars ($33,000,000) of tax revenues
583583 13 collected under this chapter multiplied by the result of:
584584 14 (i) the total adjusted gross receipts received by licensees
585585 15 from gambling games authorized under this article during
586586 16 the preceding state fiscal year; divided by
587587 17 (ii) the total adjusted gross receipts received by licensees
588588 18 from gambling games authorized under this article during
589589 19 the state fiscal year ending June 30, 2020;
590590 20 shall be set aside for revenue sharing under subsection (d).
591591 21 (2) Subject to subsection (c), twenty-five percent (25%) of the
592592 22 remaining tax revenue remitted by each licensed owner shall be
593593 23 paid:
594594 24 (A) to the city in which the riverboat is located or that is
595595 25 designated as the home dock of the riverboat from which the
596596 26 tax revenue was collected, in the case of:
597597 27 (i) a city described in IC 4-33-12-6(b)(1)(A);
598598 28 (ii) a city located in Lake County; or
599599 29 (iii) Terre Haute; or
600600 30 (B) to the county that is designated as the home dock of the
601601 31 riverboat from which the tax revenue was collected, in the case
602602 32 of a riverboat that is not located in a city described in clause
603603 33 (A) or whose home dock is not in a city described in clause
604604 34 (A).
605605 35 (3) The remainder of the tax revenue remitted by each licensed
606606 36 owner shall be paid to the state general fund. In each state fiscal
607607 37 year, the auditor of state comptroller shall make the transfer
608608 38 required by this subdivision on or before the fifteenth day of the
609609 39 month based on revenue received during the preceding month for
610610 40 deposit in the state gaming fund. Specifically, the auditor of state
611611 41 comptroller may transfer the tax revenue received by the state in
612612 42 a month to the state general fund in the immediately following
613613 2024 IN 1161—LS 6491/DI 125 15
614614 1 month according to this subdivision.
615615 2 (b) This subsection applies only to tax revenue remitted by an
616616 3 operating agent operating a riverboat in a historic hotel district after
617617 4 June 30, 2019. Excluding funds that are appropriated in the biennial
618618 5 budget act from the state gaming fund to the commission for purposes
619619 6 of administering this article, each month the auditor of state
620620 7 comptroller shall distribute the tax revenue remitted by the operating
621621 8 agent under this chapter as follows:
622622 9 (1) For state fiscal years beginning after June 30, 2019, but
623623 10 ending before July 1, 2021, fifty-six and five-tenths percent
624624 11 (56.5%) shall be paid to the state general fund.
625625 12 (2) For state fiscal years beginning after June 30, 2021, fifty-six
626626 13 and five-tenths percent (56.5%) shall be paid as follows:
627627 14 (A) Sixty-six and four-tenths percent (66.4%) shall be paid to
628628 15 the state general fund.
629629 16 (B) Thirty-three and six-tenths percent (33.6%) shall be paid
630630 17 to the West Baden Springs historic hotel preservation and
631631 18 maintenance fund established by IC 36-7-11.5-11(b).
632632 19 However, if:
633633 20 (i) at any time the balance in that fund exceeds twenty-five
634634 21 million dollars ($25,000,000); or
635635 22 (ii) in any part of a state fiscal year in which the operating
636636 23 agent has received at least one hundred million dollars
637637 24 ($100,000,000) of adjusted gross receipts;
638638 25 the amount described in this clause shall be paid to the state
639639 26 general fund for the remainder of the state fiscal year.
640640 27 (3) Forty-three and five-tenths percent (43.5%) shall be paid as
641641 28 follows:
642642 29 (A) Twenty-two and four-tenths percent (22.4%) shall be paid
643643 30 as follows:
644644 31 (i) Fifty percent (50%) to the fiscal officer of the town of
645645 32 French Lick.
646646 33 (ii) Fifty percent (50%) to the fiscal officer of the town of
647647 34 West Baden Springs.
648648 35 (B) Fourteen and eight-tenths percent (14.8%) shall be paid to
649649 36 the county treasurer of Orange County for distribution among
650650 37 the school corporations in the county. The governing bodies
651651 38 for the school corporations in the county shall provide a
652652 39 formula for the distribution of the money received under this
653653 40 clause among the school corporations by joint resolution
654654 41 adopted by the governing body of each of the school
655655 42 corporations in the county. Money received by a school
656656 2024 IN 1161—LS 6491/DI 125 16
657657 1 corporation under this clause must be used to improve the
658658 2 educational attainment of students enrolled in the school
659659 3 corporation receiving the money. Not later than the first
660660 4 regular meeting in the school year of a governing body of a
661661 5 school corporation receiving a distribution under this clause,
662662 6 the superintendent of the school corporation shall submit to
663663 7 the governing body a report describing the purposes for which
664664 8 the receipts under this clause were used and the improvements
665665 9 in educational attainment realized through the use of the
666666 10 money. The report is a public record.
667667 11 (C) Thirteen and one-tenth percent (13.1%) shall be paid to the
668668 12 county treasurer of Orange County.
669669 13 (D) Five and three-tenths percent (5.3%) shall be distributed
670670 14 quarterly to the county treasurer of Dubois County for
671671 15 appropriation by the county fiscal body after receiving a
672672 16 recommendation from the county executive. The county fiscal
673673 17 body for the receiving county shall provide for the distribution
674674 18 of the money received under this clause to one (1) or more
675675 19 taxing units (as defined in IC 6-1.1-1-21) in the county under
676676 20 a formula established by the county fiscal body after receiving
677677 21 a recommendation from the county executive.
678678 22 (E) Five and three-tenths percent (5.3%) shall be distributed
679679 23 quarterly to the county treasurer of Crawford County for
680680 24 appropriation by the county fiscal body after receiving a
681681 25 recommendation from the county executive. The county fiscal
682682 26 body for the receiving county shall provide for the distribution
683683 27 of the money received under this clause to one (1) or more
684684 28 taxing units (as defined in IC 6-1.1-1-21) in the county under
685685 29 a formula established by the county fiscal body after receiving
686686 30 a recommendation from the county executive.
687687 31 (F) Six and thirty-five hundredths percent (6.35%) shall be
688688 32 paid to the fiscal officer of the town of Paoli.
689689 33 (G) Six and thirty-five hundredths percent (6.35%) shall be
690690 34 paid to the fiscal officer of the town of Orleans.
691691 35 (H) Twenty-six and four-tenths percent (26.4%) shall be paid
692692 36 to the Indiana economic development corporation established
693693 37 by IC 5-28-3-1 for transfer as follows:
694694 38 (i) Beginning after December 31, 2017, ten percent (10%)
695695 39 of the amount transferred under this clause in each calendar
696696 40 year shall be transferred to the South Central Indiana
697697 41 Regional Economic Development Corporation or a
698698 42 successor entity or partnership for economic development
699699 2024 IN 1161—LS 6491/DI 125 17
700700 1 for the purpose of recruiting new business to Orange County
701701 2 as well as promoting the retention and expansion of existing
702702 3 businesses in Orange County.
703703 4 (ii) The remainder of the amount transferred under this
704704 5 clause in each calendar year shall be transferred to Radius
705705 6 Indiana or a successor regional entity or partnership for the
706706 7 development and implementation of a regional economic
707707 8 development strategy to assist the residents of Orange
708708 9 County and the counties contiguous to Orange County in
709709 10 improving their quality of life and to help promote
710710 11 successful and sustainable communities.
711711 12 To the extent possible, the Indiana economic development
712712 13 corporation shall provide for the transfer under item (i) to be
713713 14 made in four (4) equal installments. However, an amount
714714 15 sufficient to meet current obligations to retire or refinance
715715 16 indebtedness or leases for which tax revenues under this
716716 17 section were pledged before January 1, 2015, by the Orange
717717 18 County development commission shall be paid to the Orange
718718 19 County development commission before making distributions
719719 20 to the South Central Indiana Regional Economic Development
720720 21 Corporation and Radius Indiana or their successor entities or
721721 22 partnerships. The amount paid to the Orange County
722722 23 development commission shall proportionally reduce the
723723 24 amount payable to the South Central Indiana Regional
724724 25 Economic Development Corporation and Radius Indiana or
725725 26 their successor entities or partnerships.
726726 27 (c) This subsection does not apply to tax revenue remitted by an
727727 28 inland casino operating in Vigo County. For each city and county
728728 29 receiving money under subsection (a)(2), the auditor of state
729729 30 comptroller shall determine the total amount of money paid by the
730730 31 auditor of state comptroller to the city or county during the state fiscal
731731 32 year 2002. The amount determined is the base year revenue for the city
732732 33 or county. The auditor of state comptroller shall certify the base year
733733 34 revenue determined under this subsection to the city or county. The
734734 35 total amount of money distributed to a city or county under this section
735735 36 during a state fiscal year may not exceed the entity's base year revenue.
736736 37 For each state fiscal year, the auditor of state comptroller shall pay
737737 38 that part of the riverboat wagering taxes that:
738738 39 (1) exceeds a particular city's or county's base year revenue; and
739739 40 (2) would otherwise be due to the city or county under this
740740 41 section;
741741 42 to the state general fund instead of to the city or county.
742742 2024 IN 1161—LS 6491/DI 125 18
743743 1 (d) Except as provided in subsections (k) and (l), before August 15
744744 2 of each year, the auditor of state comptroller shall distribute the
745745 3 wagering taxes set aside for revenue sharing under subsection (a)(1) to
746746 4 the county treasurer of each county that does not have a riverboat
747747 5 according to the ratio that the county's population bears to the total
748748 6 population of the counties that do not have a riverboat. Except as
749749 7 provided in subsection (g), the county auditor shall distribute the
750750 8 money received by the county under this subsection as follows:
751751 9 (1) To each city located in the county according to the ratio the
752752 10 city's population bears to the total population of the county.
753753 11 (2) To each town located in the county according to the ratio the
754754 12 town's population bears to the total population of the county.
755755 13 (3) After the distributions required in subdivisions (1) and (2) are
756756 14 made, the remainder shall be retained by the county.
757757 15 (e) Money received by a city, town, or county under subsection (d)
758758 16 or (g) may be used for any of the following purposes:
759759 17 (1) To reduce the property tax levy of the city, town, or county for
760760 18 a particular year (a property tax reduction under this subdivision
761761 19 does not reduce the maximum levy of the city, town, or county
762762 20 under IC 6-1.1-18.5).
763763 21 (2) For deposit in a special fund or allocation fund created under
764764 22 IC 8-22-3.5, IC 36-7-14, IC 36-7-14.5, IC 36-7-15.1, and
765765 23 IC 36-7-30 to provide funding for debt repayment.
766766 24 (3) To fund sewer and water projects, including storm water
767767 25 management projects.
768768 26 (4) For police and fire pensions.
769769 27 (5) To carry out any governmental purpose for which the money
770770 28 is appropriated by the fiscal body of the city, town, or county.
771771 29 Money used under this subdivision does not reduce the property
772772 30 tax levy of the city, town, or county for a particular year or reduce
773773 31 the maximum levy of the city, town, or county under
774774 32 IC 6-1.1-18.5.
775775 33 (f) This subsection does not apply to an inland casino operating in
776776 34 Vigo County after June 30, 2024. Before July 15 of each year, the
777777 35 auditor of state comptroller shall determine the total amount of money
778778 36 distributed to an entity under IC 4-33-12-6 or IC 4-33-12-8 during the
779779 37 preceding state fiscal year. If the auditor of state comptroller
780780 38 determines that the total amount of money distributed to an entity under
781781 39 IC 4-33-12-6 or IC 4-33-12-8 during the preceding state fiscal year was
782782 40 less than the entity's base year revenue (as determined under
783783 41 IC 4-33-12-9), the auditor of state comptroller shall make a
784784 42 supplemental distribution to the entity from taxes collected under this
785785 2024 IN 1161—LS 6491/DI 125 19
786786 1 chapter and deposited into the state general fund. Except as provided
787787 2 in subsection (h), the amount of an entity's supplemental distribution
788788 3 is equal to:
789789 4 (1) the entity's base year revenue (as determined under
790790 5 IC 4-33-12-9); minus
791791 6 (2) the sum of:
792792 7 (A) the total amount of money distributed to the entity and
793793 8 constructively received by the entity during the preceding state
794794 9 fiscal year under IC 4-33-12-6 or IC 4-33-12-8; plus
795795 10 (B) the amount of any admissions taxes deducted under
796796 11 IC 6-3.1-20-7.
797797 12 (g) This subsection applies only to Marion County. The county
798798 13 auditor shall distribute the money received by the county under
799799 14 subsection (d) as follows:
800800 15 (1) To each city, other than the consolidated city, located in the
801801 16 county according to the ratio that the city's population bears to the
802802 17 total population of the county.
803803 18 (2) To each town located in the county according to the ratio that
804804 19 the town's population bears to the total population of the county.
805805 20 (3) After the distributions required in subdivisions (1) and (2) are
806806 21 made, the remainder shall be paid in equal amounts to the
807807 22 consolidated city and the county.
808808 23 (h) This subsection does not apply to an inland casino operating in
809809 24 Vigo County. This subsection applies to a supplemental distribution
810810 25 made after June 30, 2017. The maximum amount of money that may be
811811 26 distributed under subsection (f) in a state fiscal year is equal to the
812812 27 following:
813813 28 (1) Before July 1, 2021, forty-eight million dollars ($48,000,000).
814814 29 (2) After June 30, 2021, if the total adjusted gross receipts
815815 30 received by licensees from gambling games authorized under this
816816 31 article during the preceding state fiscal year is equal to or greater
817817 32 than the total adjusted gross receipts received by licensees from
818818 33 gambling games authorized under this article during the state
819819 34 fiscal year ending June 30, 2020, the maximum amount is
820820 35 forty-eight million dollars ($48,000,000).
821821 36 (3) After June 30, 2021, if the total adjusted gross receipts
822822 37 received by licensees from gambling games authorized under this
823823 38 article during the preceding state fiscal year is less than the total
824824 39 adjusted gross receipts received by licensees from gambling
825825 40 games authorized under this article during the state fiscal year
826826 41 ending June 30, 2020, the maximum amount is equal to the result
827827 42 of:
828828 2024 IN 1161—LS 6491/DI 125 20
829829 1 (A) forty-eight million dollars ($48,000,000); multiplied by
830830 2 (B) the result of:
831831 3 (i) the total adjusted gross receipts received by licensees
832832 4 from gambling games authorized under this article during
833833 5 the preceding state fiscal year; divided by
834834 6 (ii) the total adjusted gross receipts received by licensees
835835 7 from gambling games authorized under this article during
836836 8 the state fiscal year ending June 30, 2020.
837837 9 If the total amount determined under subsection (f) exceeds the
838838 10 maximum amount determined under this subsection, the amount
839839 11 distributed to an entity under subsection (f) must be reduced according
840840 12 to the ratio that the amount distributed to the entity under IC 4-33-12-6
841841 13 or IC 4-33-12-8 bears to the total amount distributed under
842842 14 IC 4-33-12-6 and IC 4-33-12-8 to all entities receiving a supplemental
843843 15 distribution.
844844 16 (i) This subsection applies to a supplemental distribution, if any,
845845 17 payable to Lake County, Hammond, Gary, or East Chicago under
846846 18 subsections (f) and (h). Beginning in July 2016, the auditor of state
847847 19 comptroller shall, after making any deductions from the supplemental
848848 20 distribution required by IC 6-3.1-20-7, deduct from the remainder of
849849 21 the supplemental distribution otherwise payable to the unit under this
850850 22 section the lesser of:
851851 23 (1) the remaining amount of the supplemental distribution; or
852852 24 (2) the difference, if any, between:
853853 25 (A) three million five hundred thousand dollars ($3,500,000);
854854 26 minus
855855 27 (B) the amount of admissions taxes constructively received by
856856 28 the unit in the previous state fiscal year.
857857 29 The auditor of state comptroller shall distribute the amounts deducted
858858 30 under this subsection to the northwest Indiana redevelopment authority
859859 31 established under IC 36-7.5-2-1 for deposit in the development
860860 32 authority revenue fund established under IC 36-7.5-4-1.
861861 33 (j) Money distributed to a political subdivision under subsection (b):
862862 34 (1) must be paid to the fiscal officer of the political subdivision
863863 35 and may be deposited in the political subdivision's general fund
864864 36 (in the case of a school corporation, the school corporation may
865865 37 deposit the money into either the education fund (IC 20-40-2) or
866866 38 the operations fund (IC 20-40-18)) or riverboat fund established
867867 39 under IC 36-1-8-9, or both;
868868 40 (2) may not be used to reduce the maximum levy under
869869 41 IC 6-1.1-18.5 of a county, city, or town or the maximum tax rate
870870 42 of a school corporation, but, except as provided in subsection
871871 2024 IN 1161—LS 6491/DI 125 21
872872 1 (b)(3)(B), may be used at the discretion of the political
873873 2 subdivision to reduce the property tax levy of the county, city, or
874874 3 town for a particular year;
875875 4 (3) except as provided in subsection (b)(3)(B), may be used for
876876 5 any legal or corporate purpose of the political subdivision,
877877 6 including the pledge of money to bonds, leases, or other
878878 7 obligations under IC 5-1-14-4; and
879879 8 (4) is considered miscellaneous revenue.
880880 9 Money distributed under subsection (b)(3)(B) must be used for the
881881 10 purposes specified in subsection (b)(3)(B).
882882 11 (k) After June 30, 2020, the amount of wagering taxes that would
883883 12 otherwise be distributed to South Bend under subsection (d) shall be
884884 13 deposited as being received from all riverboats whose supplemental
885885 14 wagering tax, as calculated under IC 4-33-12-1.5(b), is over three and
886886 15 five-tenths percent (3.5%). The amount deposited under this
887887 16 subsection, in each riverboat's account, is proportionate to the
888888 17 supplemental wagering tax received from that riverboat under
889889 18 IC 4-33-12-1.5 in the month of July. The amount deposited under this
890890 19 subsection must be distributed in the same manner as the supplemental
891891 20 wagering tax collected under IC 4-33-12-1.5. This subsection expires
892892 21 June 30, 2021.
893893 22 (l) After June 30, 2021, the amount of wagering taxes that would
894894 23 otherwise be distributed to South Bend under subsection (d) shall be
895895 24 withheld and deposited in the state general fund.
896896 25 SECTION 14. IC 4-33-13-5.3, AS AMENDED BY THE
897897 26 TECHNICAL CORRECTIONS BILL OF THE 2024 GENERAL
898898 27 ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
899899 28 JULY 1, 2024]: Sec. 5.3. (a) This section applies to each of the first
900900 29 four (4) full state fiscal years beginning after a licensed owner begins
901901 30 gaming operations under IC 4-33-6-4.5, but does not apply in a state
902902 31 fiscal year after June 30, 2024. This section does not apply to tax
903903 32 revenue remitted or paid under this chapter after June 30, 2024.
904904 33 (b) As used in this section, "qualified city" refers to East Chicago,
905905 34 Hammond, or Michigan City.
906906 35 (c) The auditor of state comptroller shall determine the total
907907 36 amount of money paid by the auditor of state comptroller under
908908 37 section 5(a)(2) of this chapter to Gary, East Chicago, Hammond, and
909909 38 Michigan City during the state fiscal year ending on June 30, 2019. The
910910 39 amount determined under this subsection for each city is the city's base
911911 40 year revenue. The auditor of state comptroller shall certify the base
912912 41 year revenue determined under this subsection to each city.
913913 42 (d) Subject to subsection (g), a qualified city is entitled to a
914914 2024 IN 1161—LS 6491/DI 125 22
915915 1 supplemental payment under this section if both of the following occur
916916 2 in a particular state fiscal year:
917917 3 (1) The total amount payable to Gary under section 5(a)(2) of this
918918 4 chapter in the state fiscal year is greater than the base year
919919 5 revenue determined for Gary under subsection (c).
920920 6 (2) The amount payable to the qualified city under section 5(a)(2)
921921 7 of this chapter in the state fiscal year is less than the base year
922922 8 revenue determined for the qualified city under subsection (c).
923923 9 (e) Subject to subsection (g), the auditor of state comptroller shall
924924 10 deduct the lesser of the following from the amount otherwise payable
925925 11 to Gary to make a supplemental payment to a qualified city entitled to
926926 12 a payment under subsection (d):
927927 13 (1) The difference between the base year revenue determined for
928928 14 the qualified city under subsection (c) and the amount payable to
929929 15 the qualified city under section 5(a)(2) of this chapter.
930930 16 (2) The difference between the amount payable to Gary under
931931 17 section 5(a)(2) of this chapter and the base year revenue
932932 18 determined for Gary under subsection (c).
933933 19 (f) Subject to subsection (g), the auditor of state comptroller shall
934934 20 supplement the amount payable to the qualified city under section
935935 21 5(a)(2) of this chapter with a payment equal to the amount deducted
936936 22 under subsection (e) for the qualified city.
937937 23 (g) The auditor of state comptroller may not deduct from the
938938 24 amounts payable under section 5(a)(2) of this chapter to Gary in a
939939 25 particular state fiscal year an amount greater than the difference
940940 26 between the amount payable to Gary under section 5(a)(2) of this
941941 27 chapter and the base year revenue determined for Gary under
942942 28 subsection (c). If the total amount of the supplemental payments
943943 29 determined for qualified cities exceeds the amount that may be
944944 30 deducted under this section, the amount paid to each qualified city
945945 31 entitled to a supplemental payment must be determined under STEP
946946 32 FOUR the following formula:
947947 33 STEP ONE: Determine the difference between the qualified city's
948948 34 base year revenue and the amount payable to the qualified city
949949 35 under section 5(a)(2) of this chapter for the particular state fiscal
950950 36 year.
951951 37 STEP TWO: Determine the sum of the STEP ONE results for all
952952 38 qualified cities entitled to a supplemental payment in the
953953 39 particular state fiscal year.
954954 40 STEP THREE: Determine for each qualified city entitled to a
955955 41 supplemental payment in the particular state fiscal year the
956956 42 quotient of:
957957 2024 IN 1161—LS 6491/DI 125 23
958958 1 (A) the STEP ONE result for the qualified city; divided by
959959 2 (B) the STEP TWO result.
960960 3 STEP FOUR: Determine for each qualified city entitled to a
961961 4 supplemental payment in the particular state fiscal year the
962962 5 product of:
963963 6 (A) the STEP THREE quotient; multiplied by
964964 7 (B) the maximum amount that may be deducted from the
965965 8 amounts payable under section 5(a)(2) of this chapter for Gary.
966966 9 SECTION 15. IC 4-35-7-12.5, AS AMENDED BY P.L.156-2020,
967967 10 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
968968 11 JULY 1, 2024]: Sec. 12.5. (a) A licensee shall annually withhold the
969969 12 sum of:
970970 13 (1) the product of:
971971 14 (A) seventy-five thousand dollars ($75,000); multiplied by
972972 15 (B) the number of racetracks operated by the licensee;
973973 16 from the amount that must be distributed under section 12(b) of
974974 17 this chapter; and
975975 18 (2) forty-five hundredths percent (0.45%) of the adjusted gross
976976 19 receipts from the previous month at each casino operated by the
977977 20 licensee.
978978 21 (b) A licensee shall transfer the amount withheld under subsection
979979 22 (a)(1) to the Indiana horse racing commission for deposit in the gaming
980980 23 integrity fund established by IC 4-35-8.7-3. Money transferred under
981981 24 this subsection must be used for the purposes described in
982982 25 IC 4-35-8.7-3(f)(1).
983983 26 (c) A licensee shall transfer the amount withheld under subsection
984984 27 (a)(2):
985985 28 (1) before July 1, 2024, to the Indiana horse racing commission
986986 29 for deposit in the Indiana horse racing commission operating fund
987987 30 established by IC 4-31-10-2; and
988988 31 (2) after June 30, 2024, to the gaming revenue fund
989989 32 established by IC 4-40-3-1.
990990 33 SECTION 16. IC 4-35-8-3, AS AMENDED BY P.L.146-2008,
991991 34 SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
992992 35 JULY 1, 2024]: Sec. 3. (a) The department shall deposit tax revenue
993993 36 collected under section 1 of this chapter before July 1, 2024, in the
994994 37 state general fund.
995995 38 (b) The department shall deposit tax revenue collected under
996996 39 section 1 of this chapter after June 30, 2024, in the gaming revenue
997997 40 fund established by IC 4-40-3-1.
998998 41 SECTION 17. IC 4-35-8.5-1, AS AMENDED BY P.L.255-2015,
999999 42 SECTION 46, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10001000 2024 IN 1161—LS 6491/DI 125 24
10011001 1 JULY 1, 2024]: Sec. 1. (a) Before the fifteenth day of each month, a
10021002 2 licensee that offers gambling game wagering under this article shall
10031003 3 pay to the commission a county gambling game wagering fee equal to
10041004 4 three percent (3%) of the adjusted gross receipts received from
10051005 5 gambling game wagering during the previous month at the licensee's
10061006 6 racetrack. However, a licensee is not required to pay more than eight
10071007 7 million dollars ($8,000,000) of county gambling game wagering fees
10081008 8 under this section in any state fiscal year.
10091009 9 (b) The commission shall deposit the county gambling game
10101010 10 wagering fee received by the commission into:
10111011 11 (1) for county gambling game wagering fees received before
10121012 12 July 1, 2024, a separate account within the state general fund;
10131013 13 and
10141014 14 (2) for county gambling game wagering fees received after
10151015 15 June 30, 2024, the gaming revenue fund established by
10161016 16 IC 4-40-3-1.
10171017 17 SECTION 18. IC 4-35-8.5-2, AS AMENDED BY P.L.137-2022,
10181018 18 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10191019 19 JULY 1, 2024]: Sec. 2. This section applies to county gambling
10201020 20 game wagering fees received before July 1, 2024. On or before the
10211021 21 fifteenth day of each month, the treasurer of state shall distribute any
10221022 22 county gambling game wagering fees received from a licensee during
10231023 23 the previous month to the county auditor of the county in which the
10241024 24 licensee's racetrack is located.
10251025 25 SECTION 19. IC 4-38-10-3, AS ADDED BY P.L.293-2019,
10261026 26 SECTION 43, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10271027 27 JULY 1, 2024]: Sec. 3. (a) This section applies to tax revenue
10281028 28 collected under section 2 of this chapter before July 1, 2024.
10291029 29 (a) (b) Except as provided in subsection (b), (c), the department
10301030 30 shall deposit the tax revenue collected under section 2 of this chapter
10311031 31 in the state general fund.
10321032 32 (b) (c) The department shall transfer an amount equal to three and
10331033 33 thirty-three hundredths percent (3.33%) of the tax revenue collected
10341034 34 under section 2 of this chapter to the addiction services fund
10351035 35 established by IC 12-23-2-2.
10361036 36 (c) (d) Twenty-five percent (25%) of the tax revenue transferred
10371037 37 under subsection (b) (c) must be allocated to:
10381038 38 (1) the prevention of;
10391039 39 (2) education regarding;
10401040 40 (3) provider credentialing for; and
10411041 41 (4) treatment of;
10421042 42 compulsive gambling.
10431043 2024 IN 1161—LS 6491/DI 125 25
10441044 1 SECTION 20. IC 4-38-10-3.5 IS ADDED TO THE INDIANA
10451045 2 CODE AS A NEW SECTION TO READ AS FOLLOWS
10461046 3 [EFFECTIVE JULY 1, 2024]: Sec. 3.5. (a) This section applies to tax
10471047 4 revenue collected under section 2 of this chapter after June 30,
10481048 5 2024.
10491049 6 (b) Except as provided in subsection (c), the department shall
10501050 7 deposit tax revenue collected under section 2 of this chapter after
10511051 8 June 30, 2024, in the case of tax revenue remitted by a certificate
10521052 9 holder that is:
10531053 10 (1) an operating agent operating a riverboat in a historic hotel
10541054 11 district, in the state general fund; and
10551055 12 (2) a licensed owner or permit holder, in the gaming revenue
10561056 13 fund established by IC 4-40-3-1.
10571057 14 (c) The department shall transfer an amount equal to three and
10581058 15 thirty-three hundredths percent (3.33%) of the tax revenue
10591059 16 remitted under subsection (b)(1) by a certificate holder that is an
10601060 17 operating agent operating a riverboat in a historic hotel district to
10611061 18 the addiction services fund established by IC 12-23-2-2.
10621062 19 (d) Twenty-five percent (25%) of the tax revenue transferred
10631063 20 under subsection (b)(1) must be allocated to:
10641064 21 (1) the prevention of;
10651065 22 (2) education regarding;
10661066 23 (3) provider credentialing for; and
10671067 24 (4) treatment of;
10681068 25 compulsive gambling.
10691069 26 SECTION 21. IC 4-40 IS ADDED TO THE INDIANA CODE AS
10701070 27 A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
10711071 28 2024]:
10721072 29 ARTICLE 40. GAMING REVENUE DISTRIBUTION
10731073 30 Chapter 1. Application
10741074 31 Sec. 1. This article applies to the distribution of revenue
10751075 32 received or remitted after June 30, 2024, by a:
10761076 33 (1) licensed owner from the:
10771077 34 (A) wagering tax imposed under IC 4-33-13; and
10781078 35 (B) supplemental wagering tax imposed under IC 4-33-12;
10791079 36 (2) licensee from the:
10801080 37 (A) graduated slot machine wagering tax imposed under
10811081 38 IC 4-35-8;
10821082 39 (B) county gambling game wagering fee imposed under
10831083 40 IC 4-35-8.5; and
10841084 41 (C) fees imposed under IC 4-35-7-12.5;
10851085 42 (3) except as provided in section 2 of this chapter, certificate
10861086 2024 IN 1161—LS 6491/DI 125 26
10871087 1 holder from the sports wagering tax imposed under
10881088 2 IC 4-38-10; and
10891089 3 (4) person that holds a permit to conduct a horse racing
10901090 4 meeting or a permit holder licensed to operate a satellite
10911091 5 facility from taxes imposed under IC 4-31-9.
10921092 6 Sec. 2. This article does not apply to the distribution of revenue
10931093 7 received or remitted by an operating agent from the:
10941094 8 (1) wagering tax imposed under IC 4-33-13; or
10951095 9 (2) sports wagering tax imposed under IC 4-38-10.
10961096 10 Chapter 2. Definitions
10971097 11 Sec. 1. The definitions in this chapter apply throughout this
10981098 12 article.
10991099 13 Sec. 2. "Certificate holder" has the meaning set forth in
11001100 14 IC 4-38-2-4.
11011101 15 Sec. 3. "Gaming commission" means the Indiana gaming
11021102 16 commission established by IC 4-33-3-1.
11031103 17 Sec. 4. "Gaming revenue fund" means the gaming revenue fund
11041104 18 established by IC 4-40-3-1.
11051105 19 Sec. 5. "Host unit" means each of the following:
11061106 20 (1) If the riverboat is located in a city, the city in which the
11071107 21 riverboat is located and the county in which the riverboat is
11081108 22 located.
11091109 23 (2) If a city is designated as the home dock of the riverboat
11101110 24 from which the tax revenue was collected, in the case of:
11111111 25 (A) a city described in IC 4-33-12-6(b)(1)(A);
11121112 26 (B) a city located in Lake County; or
11131113 27 (C) Terre Haute;
11141114 28 the city designated as the home dock of the riverboat from
11151115 29 which the tax revenue was collected and the county in which
11161116 30 the riverboat is located.
11171117 31 (3) A county that is designated as the home dock of the
11181118 32 riverboat from which the tax revenue was collected, in the
11191119 33 case of a riverboat that is not located in a city described in
11201120 34 subdivision (1) or whose home dock is not in a city described
11211121 35 in subdivision (2).
11221122 36 (4) A county in which a licensee's racetrack in which gambling
11231123 37 games are conducted under IC 4-35 is located.
11241124 38 Sec. 6. "Licensed owner" has the meaning set forth in
11251125 39 IC 4-33-2-13.
11261126 40 Sec. 7. "Licensee" has the meaning set forth in IC 4-35-2-7.
11271127 41 Sec. 8. "Operating agent" has the meaning set forth in
11281128 42 IC 4-33-2-14.5.
11291129 2024 IN 1161—LS 6491/DI 125 27
11301130 1 Sec. 9. "Riverboat" has the meaning set forth in IC 4-33-2-17.
11311131 2 Chapter 3. Gaming Revenue Fund
11321132 3 Sec. 1. (a) The gaming revenue fund is established.
11331133 4 (b) The gaming revenue fund consists of the following:
11341134 5 (1) Revenue deposited in the gaming revenue fund under
11351135 6 IC 4-31-9-3(c).
11361136 7 (2) Revenue deposited in the gaming revenue fund under
11371137 8 IC 4-31-9-5(c).
11381138 9 (3) Revenue deposited in the gaming revenue fund under
11391139 10 IC 4-31-9-7(e).
11401140 11 (4) Revenue deposited in the gaming revenue fund under
11411141 12 IC 4-31-9-9(b).
11421142 13 (5) Revenue deposited in the gaming revenue fund under
11431143 14 IC 4-33-12-5.5.
11441144 15 (6) Revenue deposited in the gaming revenue fund under
11451145 16 IC 4-33-13-3(b)(2).
11461146 17 (7) Revenue deposited in the gaming revenue fund under
11471147 18 IC 4-35-7-12.5(c).
11481148 19 (8) Revenue deposited in the gaming revenue fund under
11491149 20 IC 4-35-8-3(b).
11501150 21 (9) Revenue deposited in the gaming revenue fund under
11511151 22 IC 4-35-8.5-1(b)(2).
11521152 23 (10) Revenue deposited in the gaming revenue fund under
11531153 24 IC 4-38-10-3.5(b)(2).
11541154 25 (c) The gaming revenue fund shall be administered by the state
11551155 26 comptroller.
11561156 27 (d) Money in the gaming revenue fund is continually
11571157 28 appropriated as provided in this chapter.
11581158 29 (e) Money in the gaming revenue fund does not revert to the
11591159 30 state general fund at the end of a state fiscal year.
11601160 31 Sec. 2. After funds are appropriated in the biennial budget act
11611161 32 from the gaming revenue fund to the commission for purposes of
11621162 33 administering IC 4-33, the state comptroller shall quarterly deposit
11631163 34 in the state general fund an amount equal to sixty-seven percent
11641164 35 (67%) of the money in the gaming revenue fund.
11651165 36 Sec. 3. (a) After funds are appropriated in the biennial budget
11661166 37 act from the gaming revenue fund to the commission for purposes
11671167 38 of administering IC 4-33, the state comptroller shall quarterly
11681168 39 divide and distribute a total amount equal to five and eighty-five
11691169 40 hundredths percent (5.85%) of the money in the gaming revenue
11701170 41 fund between each county according to the ratio that the county's
11711171 42 population bears to the total population of the state. The money
11721172 2024 IN 1161—LS 6491/DI 125 28
11731173 1 paid under this subsection must be paid to the county treasurer of
11741174 2 each county. Except as provided in subsection (b), the county
11751175 3 treasurer shall distribute the money received by the county under
11761176 4 this subsection as follows:
11771177 5 (1) To each city located in the county according to the ratio
11781178 6 the city's population bears to the total population of the
11791179 7 county.
11801180 8 (2) To each town located in the county according to the ratio
11811181 9 the town's population bears to the total population of the
11821182 10 county.
11831183 11 (3) After the distributions required in subdivisions (1) and (2)
11841184 12 are made, the remainder shall be retained by the county.
11851185 13 (b) This subsection applies only to a county containing a
11861186 14 consolidated city. The county auditor shall distribute the money
11871187 15 received by the county under subsection (a) as follows:
11881188 16 (1) To each city, other than a consolidated city, located in the
11891189 17 county according to the ratio that the city's population bears
11901190 18 to the total population of the county.
11911191 19 (2) To each town located in the county according to the ratio
11921192 20 that the town's population bears to the total population of the
11931193 21 county.
11941194 22 (3) After the distributions required in subdivisions (1) and (2)
11951195 23 are made, the remainder shall be paid in equal amounts to the
11961196 24 consolidated city and the county.
11971197 25 Sec. 4. (a) After funds are appropriated in the biennial budget
11981198 26 act from the gaming revenue fund to the commission for purposes
11991199 27 of administering IC 4-33, the state comptroller shall quarterly
12001200 28 divide and distribute a total amount equal to twenty-five percent
12011201 29 (25%) of the money in the gaming revenue fund among each host
12021202 30 unit and each host unit's county convention and visitors bureau or
12031203 31 promotion fund. The state comptroller shall pay each host unit and
12041204 32 each host unit's county convention and visitors bureau or
12051205 33 promotion fund an amount that equals the host unit's and host
12061206 34 unit's county convention and visitors bureau or promotion fund's
12071207 35 average aggregate distribution from:
12081208 36 (1) revenue and fees collected under IC 4-31, IC 4-33, IC 4-35,
12091209 37 and IC 4-38; and
12101210 38 (2) money in the gaming revenue fund;
12111211 39 as applicable, in the immediately preceding five (5) years.
12121212 40 (b) A host unit or host unit's county convention and visitors
12131213 41 bureau or promotion fund may not receive a distribution under
12141214 42 this section that is less than an amount equal to the host unit's or
12151215 2024 IN 1161—LS 6491/DI 125 29
12161216 1 host unit's county convention and visitors bureau or promotion
12171217 2 fund's average distribution over the immediately preceding five (5)
12181218 3 years. If the total amount of money available to distribute under
12191219 4 this section in a year is less than the total amount necessary to meet
12201220 5 the required distributions under this subsection, the distributions
12211221 6 to each recipient shall be reduced proportionately.
12221222 7 (c) If the total amount to be divided and distributed under
12231223 8 subsection (a) exceeds the amount necessary to meet the minimum
12241224 9 payment requirement under subsection (b), the excess shall be
12251225 10 annually divided among each host unit in proportion to the amount
12261226 11 of tax revenue deposited in the gaming revenue fund for the period
12271227 12 that is attributable to tax revenue collected from the gaming
12281228 13 operations located in the host unit. Of the excess amount received
12291229 14 by each host unit:
12301230 15 (1) if the host unit is a city:
12311231 16 (A) fifty percent (50%) of the excess shall remain with the
12321232 17 city; and
12331233 18 (B) fifty percent (50%) of the excess shall be paid to the
12341234 19 county in which the city is located; and
12351235 20 (2) if the host unit is a county, the excess shall remain with the
12361236 21 county.
12371237 22 A host unit's county convention and visitors bureau or promotion
12381238 23 fund is not eligible to receive a distribution of any excess amounts
12391239 24 under this subsection.
12401240 25 Sec. 5. This section applies only to tax revenue distributed under
12411241 26 section 3 of this chapter. Money paid to a unit of local government
12421242 27 under section 3 of this chapter:
12431243 28 (1) must be paid to the fiscal officer of the unit of local
12441244 29 government;
12451245 30 (2) may not be used to reduce the unit of local government's
12461246 31 maximum levy under IC 6-1.1-18.5 but may be used at the
12471247 32 discretion of the unit of local government to reduce the
12481248 33 property tax levy of the unit of local government for a
12491249 34 particular year;
12501250 35 (3) may be deposited in a special fund or allocation fund
12511251 36 created under IC 8-22-3.5, IC 36-7-14, IC 36-7-14.5,
12521252 37 IC 36-7-15.1, and IC 36-7-30 to provide funding for debt
12531253 38 repayment;
12541254 39 (4) may be used to fund sewer and water projects, including
12551255 40 storm water management projects;
12561256 41 (5) may be used for police and fire pensions;
12571257 42 (6) may be used for any other legal or corporate purpose of
12581258 2024 IN 1161—LS 6491/DI 125 30
12591259 1 the unit of local government, including the pledge of money to
12601260 2 bonds, leases, or other obligations under IC 5-1-14-4; and
12611261 3 (7) is considered miscellaneous revenue.
12621262 4 Sec. 6. (a) This section applies only to tax revenue distributed
12631263 5 under section 4 of this chapter to Lake County, Hammond, Gary,
12641264 6 and East Chicago.
12651265 7 (b) A host unit that receives a distribution under section 4 of this
12661266 8 chapter shall annually distribute three million five hundred
12671267 9 thousand dollars ($3,500,000) from the amount received under
12681268 10 section 4 of this chapter to the northwest Indiana regional
12691269 11 development authority toward satisfying the host unit's funding
12701270 12 obligation.
12711271 13 Sec. 7. (a) This section applies only to tax revenue distributed
12721272 14 under section 4 of this chapter to Vigo County and the city of Terre
12731273 15 Haute.
12741274 16 (b) Tax revenue distributed under section 4 of this chapter to
12751275 17 Vigo County and the city of Terre Haute shall be divided according
12761276 18 to the following:
12771277 19 (1) Forty percent (40%) to the city of Terre Haute.
12781278 20 (2) Thirty percent (30%) to Vigo County.
12791279 21 (3) Fifteen percent (15%) to the Vigo County school
12801280 22 corporation.
12811281 23 (4) Fifteen percent (15%) to West Central 2025.
12821282 24 (c) Money paid to a city or county under subsection (b):
12831283 25 (1) must be paid to the fiscal officer of the host unit and may
12841284 26 be deposited in the host unit's general fund or a riverboat
12851285 27 fund established by the city or county under IC 36-1-8-9, or
12861286 28 both;
12871287 29 (2) may not be used to reduce the host unit's maximum levy
12881288 30 under IC 6-1.1-18.5 but may be used at the discretion of the
12891289 31 host unit to reduce the property tax levy of the host unit for a
12901290 32 particular year;
12911291 33 (3) may be used for any legal or corporate purpose of the host
12921292 34 unit, including the pledge of money to bonds, leases, or other
12931293 35 obligations under IC 5-1-14-4; and
12941294 36 (4) is considered miscellaneous revenue.
12951295 37 (d) Money paid to the Vigo County school corporation under
12961296 38 subsection (b)(3):
12971297 39 (1) may be used for any legal or corporate purpose of the
12981298 40 school corporation, including the pledge of money to bonds,
12991299 41 leases, or other obligations under IC 5-1-14-4; and
13001300 42 (2) is considered miscellaneous revenue.
13011301 2024 IN 1161—LS 6491/DI 125 31
13021302 1 (e) Money paid to West Central 2025 under subsection (b)(4)
13031303 2 must be used for the development and implementation of a regional
13041304 3 economic development strategy that:
13051305 4 (1) assists the residents of Vigo County and the other
13061306 5 participating counties in West Central 2025 in improving the
13071307 6 quality of life in the region; and
13081308 7 (2) promotes successful and sustainable communities.
13091309 8 (f) The fiscal officer of West Central 2025 shall submit an
13101310 9 annual report to the Indiana economic development corporation
13111311 10 concerning the organization's use of the money received under
13121312 11 subsection (b)(4) and the development and implementation of the
13131313 12 regional economic development strategy required by subsection (e).
13141314 13 Sec. 8. (a) After funds are appropriated in the biennial budget
13151315 14 act from the gaming revenue fund to the commission for purposes
13161316 15 of administering IC 4-33, the state comptroller shall quarterly
13171317 16 transfer an amount equal to two and fifteen-hundredths percent
13181318 17 (2.15%) of the money in the gaming revenue fund to an account
13191319 18 established in the gaming revenue fund to be appropriated for
13201320 19 distributions to entities for use as determined by the general
13211321 20 assembly. Each year during the regular session of the general
13221322 21 assembly, an entity may submit a request to the:
13231323 22 (1) house committee on ways and means; and
13241324 23 (2) senate committee on appropriations;
13251325 24 proposing a distribution be made from the amount under this
13261326 25 subsection and the purposes for which the distribution must be
13271327 26 used.
13281328 27 (b) The following must receive a preference in determining any
13291329 28 distributions under this section:
13301330 29 (1) The state fair commission.
13311331 30 (2) The northwest Indiana law enforcement training center.
13321332 31 (3) The division of mental health and addiction.
13331333 32 (4) The economic development fund established under
13341334 33 IC 5-28-8.
13351335 34 (5) Purdue University School of Veterinary Medicine.
13361336 35 (6) Indiana Horse Racing Commission.
13371337 36 (7) Entities that promote and develop the livestock industry.
13381338 37 SECTION 22. IC 6-1.1-4-31.5, AS AMENDED BY P.L.181-2023,
13391339 38 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13401340 39 JULY 1, 2024]: Sec. 31.5. (a) As used in this section, "department"
13411341 40 refers to the department of local government finance.
13421342 41 (b) If the department makes a determination and informs local
13431343 42 officials under section 31(c) of this chapter, the department may order
13441344 2024 IN 1161—LS 6491/DI 125 32
13451345 1 a state conducted assessment or reassessment in the county subject to
13461346 2 the time limitation in that subsection.
13471347 3 (c) If the department orders a state conducted assessment or
13481348 4 reassessment in a county, the department shall assume the duties of the
13491349 5 county assessor. Notwithstanding sections 15 and 17 of this chapter, a
13501350 6 county assessor subject to an order issued under this section may not
13511351 7 assess property or have property assessed for the assessment or under
13521352 8 a county's reassessment plan prepared under section 4.2 of this chapter.
13531353 9 Until the state conducted assessment or reassessment is completed
13541354 10 under this section, the assessment or reassessment duties of the county
13551355 11 assessor are limited to providing the department or a contractor of the
13561356 12 department the support and information requested by the department
13571357 13 or the contractor.
13581358 14 (d) Before assuming the duties of a county assessor, the department
13591359 15 shall transmit a copy of the department's order requiring a state
13601360 16 conducted assessment or reassessment to the county assessor, the
13611361 17 county fiscal body, the county auditor, and the county treasurer. Notice
13621362 18 of the department's actions must be published one (1) time in a
13631363 19 newspaper of general circulation published in the county. The
13641364 20 department is not required to conduct a public hearing before taking
13651365 21 action under this section.
13661366 22 (e) A county assessor subject to an order issued under this section
13671367 23 shall, at the request of the department or the department's contractor,
13681368 24 make available and provide access to all:
13691369 25 (1) data;
13701370 26 (2) records;
13711371 27 (3) maps;
13721372 28 (4) parcel record cards;
13731373 29 (5) forms;
13741374 30 (6) computer software systems;
13751375 31 (7) computer hardware systems; and
13761376 32 (8) other information;
13771377 33 related to the assessment or reassessment of real property in the county.
13781378 34 The information described in this subsection must be provided at no
13791379 35 cost to the department or the contractor of the department. A failure to
13801380 36 provide information requested under this subsection constitutes a
13811381 37 failure to perform a duty related to an assessment or under a county's
13821382 38 reassessment plan prepared under section 4.2 of this chapter and is
13831383 39 subject to IC 6-1.1-37-2.
13841384 40 (f) The department may enter into a contract with a professional
13851385 41 appraising firm to conduct an assessment or reassessment under this
13861386 42 section. If a county entered into a contract with a professional
13871387 2024 IN 1161—LS 6491/DI 125 33
13881388 1 appraising firm to conduct the county's assessment or reassessment
13891389 2 before the department orders a state conducted assessment or
13901390 3 reassessment in the county under this section, the contract:
13911391 4 (1) is as valid as if it had been entered into by the department; and
13921392 5 (2) shall be treated as the contract of the department.
13931393 6 (g) After receiving the report of assessed values from the appraisal
13941394 7 firm acting under a contract described in subsection (f), the department
13951395 8 shall give notice to the taxpayer and the county assessor, by mail, of the
13961396 9 amount of the assessment or reassessment. The notice of assessment or
13971397 10 reassessment:
13981398 11 (1) is subject to appeal by the taxpayer under section 31.7 of this
13991399 12 chapter; and
14001400 13 (2) must include a statement of the taxpayer's rights under section
14011401 14 31.7 of this chapter.
14021402 15 (h) The department shall forward a bill for services provided under
14031403 16 a contract described in subsection (f) to the auditor of the county in
14041404 17 which the state conducted reassessment occurs. The county shall pay
14051405 18 the bill under the procedures prescribed by subsection (i).
14061406 19 (i) A county subject to an order issued under this section shall pay
14071407 20 the cost of a contract described in subsection (f), without appropriation,
14081408 21 from the county property reassessment fund. A contractor may
14091409 22 periodically submit bills for partial payment of work performed under
14101410 23 the contract. Notwithstanding any other law, a contractor is entitled to
14111411 24 payment under this subsection for work performed under a contract if
14121412 25 the contractor:
14131413 26 (1) submits to the department a fully itemized, certified bill in the
14141414 27 form required by IC 5-11-10-1 for the costs of the work performed
14151415 28 under the contract;
14161416 29 (2) obtains from the department:
14171417 30 (A) approval of the form and amount of the bill; and
14181418 31 (B) a certification that the billed goods and services have been
14191419 32 received and comply with the contract; and
14201420 33 (3) files with the county auditor:
14211421 34 (A) a duplicate copy of the bill submitted to the department;
14221422 35 (B) proof of the department's approval of the form and amount
14231423 36 of the bill; and
14241424 37 (C) the department's certification that the billed goods and
14251425 38 services have been received and comply with the contract.
14261426 39 The department's approval and certification of a bill under subdivision
14271427 40 (2) shall be treated as conclusively resolving the merits of a contractor's
14281428 41 claim. Upon receipt of the documentation described in subdivision (3),
14291429 42 the county auditor shall immediately certify that the bill is true and
14301430 2024 IN 1161—LS 6491/DI 125 34
14311431 1 correct without further audit and submit the claim to the county
14321432 2 executive. The county executive shall allow the claim, in full, as
14331433 3 approved by the department, without further examination of the merits
14341434 4 of the claim in a regular or special session that is held not less than
14351435 5 three (3) days and not more than seven (7) days after the date the claim
14361436 6 is certified by the county fiscal officer if the procedures in IC 5-11-10-2
14371437 7 are used to approve the claim or the date the claim is placed on the
14381438 8 claim docket under IC 36-2-6-4 if the procedures in IC 36-2-6-4 are
14391439 9 used to approve the claim. Upon allowance of the claim by the county
14401440 10 executive, the county auditor shall immediately issue a warrant or
14411441 11 check for the full amount of the claim approved by the department.
14421442 12 Compliance with this subsection constitutes compliance with
14431443 13 IC 5-11-6-1, IC 5-11-10, and IC 36-2-6. The determination and
14441444 14 payment of a claim in compliance with this subsection is not subject to
14451445 15 remonstrance and appeal. IC 36-2-6-4(f) and IC 36-2-6-9 do not apply
14461446 16 to a claim submitted under this subsection. IC 5-11-10-1.6(f) applies
14471447 17 to a fiscal officer who pays a claim in compliance with this subsection.
14481448 18 (j) Notwithstanding IC 4-13-2, a period of seven (7) days is
14491449 19 permitted for each of the following to review and act under IC 4-13-2
14501450 20 on a contract of the department entered into under this section:
14511451 21 (1) The commissioner of the Indiana department of
14521452 22 administration.
14531453 23 (2) The director of the budget agency.
14541454 24 (3) The attorney general.
14551455 25 (k) If money in the county's property reassessment fund is
14561456 26 insufficient to pay for an assessment or reassessment conducted under
14571457 27 this section, the department may increase the tax rate and tax levy of
14581458 28 the county's property reassessment fund to pay the cost and expenses
14591459 29 related to the assessment or reassessment.
14601460 30 (l) The department or the contractor of the department shall use the
14611461 31 land values determined under section 13.6 of this chapter for a county
14621462 32 subject to an order issued under this section to the extent that the
14631463 33 department or the contractor finds that the land values reflect the true
14641464 34 tax value of land, as determined under this article and the rules of the
14651465 35 department. If the department or the contractor finds that the land
14661466 36 values determined for the county under section 13.6 of this chapter do
14671467 37 not reflect the true tax value of land, the department or the contractor
14681468 38 shall determine land values for the county that reflect the true tax value
14691469 39 of land, as determined under this article and the rules of the
14701470 40 department. Land values determined under this subsection shall be
14711471 41 used to the same extent as if the land values had been determined under
14721472 42 section 13.6 of this chapter. The department or the contractor of the
14731473 2024 IN 1161—LS 6491/DI 125 35
14741474 1 department shall notify the county's assessing officials of the land
14751475 2 values determined under this subsection.
14761476 3 (m) A contractor of the department may notify the department if:
14771477 4 (1) a county auditor fails to:
14781478 5 (A) certify the contractor's bill;
14791479 6 (B) publish the contractor's claim;
14801480 7 (C) submit the contractor's claim to the county executive; or
14811481 8 (D) issue a warrant or check for payment of the contractor's
14821482 9 bill;
14831483 10 as required by subsection (i) at the county auditor's first legal
14841484 11 opportunity to do so;
14851485 12 (2) a county executive fails to allow the contractor's claim as
14861486 13 legally required by subsection (i) at the county executive's first
14871487 14 legal opportunity to do so; or
14881488 15 (3) a person or an entity authorized to act on behalf of the county
14891489 16 takes or fails to take an action, including failure to request an
14901490 17 appropriation, and that action or failure to act delays or halts
14911491 18 progress under this section for payment of the contractor's bill.
14921492 19 (n) The department, upon receiving notice under subsection (m)
14931493 20 from a contractor of the department, shall:
14941494 21 (1) verify the accuracy of the contractor's assertion in the notice
14951495 22 that:
14961496 23 (A) a failure occurred as described in subsection (m)(1) or
14971497 24 (m)(2); or
14981498 25 (B) a person or an entity acted or failed to act as described in
14991499 26 subsection (m)(3); and
15001500 27 (2) provide to the treasurer of state the department's approval
15011501 28 under subsection (i)(2)(A) of the contractor's bill with respect to
15021502 29 which the contractor gave notice under subsection (m).
15031503 30 (o) Upon receipt of the department's approval of a contractor's bill
15041504 31 under subsection (n), the treasurer of state shall pay the contractor the
15051505 32 amount of the bill approved by the department from money in the
15061506 33 possession of the state that would otherwise be available for
15071507 34 distribution to the county, including distributions of admissions taxes
15081508 35 or wagering taxes.
15091509 36 (p) The treasurer of state shall withhold from the money that would
15101510 37 be distributed under IC 4-33-12-6, IC 4-33-13-5, IC 4-40, or any other
15111511 38 law to a county described in a notice provided under subsection (m) the
15121512 39 amount of a payment made by the treasurer of state to the contractor of
15131513 40 the department under subsection (o). Money shall be withheld from any
15141514 41 source payable to the county.
15151515 42 (q) Compliance with subsections (m) through (p) constitutes
15161516 2024 IN 1161—LS 6491/DI 125 36
15171517 1 compliance with IC 5-11-10.
15181518 2 (r) IC 5-11-10-1.6(f) applies to the treasurer of state with respect to
15191519 3 the payment made in compliance with subsections (m) through (p).
15201520 4 This subsection and subsections (m) through (p) must be interpreted
15211521 5 liberally so that the state shall, to the extent legally valid, ensure that
15221522 6 the contractual obligations of a county subject to this section are paid.
15231523 7 Nothing in this section shall be construed to create a debt of the state.
15241524 8 (s) The provisions of this section are severable as provided in
15251525 9 IC 1-1-1-8(b).
15261526 10 SECTION 23. IC 6-3.1-20-7, AS AMENDED BY P.L.156-2020,
15271527 11 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15281528 12 JULY 1, 2024]: Sec. 7. (a) The department shall before July 1 of each
15291529 13 year determine the following:
15301530 14 (1) The greater of:
15311531 15 (A) eight million five hundred thousand dollars ($8,500,000);
15321532 16 or
15331533 17 (B) the amount of credits allowed under this chapter for
15341534 18 taxable years ending before January 1 of the year.
15351535 19 (2) The quotient of:
15361536 20 (A) the amount determined under subdivision (1); divided by
15371537 21 (B) four (4).
15381538 22 (b) Except as provided in subsection (d), one-half (1/2) of the
15391539 23 amount determined by the department under subsection (a)(2) shall be:
15401540 24 (1) deducted each quarter from:
15411541 25 (A) for tax revenue collected before July 1, 2024, the
15421542 26 riverboat supplemental wagering tax revenue otherwise
15431543 27 payable to the county under IC 4-33-12-8 and the
15441544 28 supplemental distribution otherwise payable to the county
15451545 29 under IC 4-33-13-5(f); and
15461546 30 (B) for tax revenue collected after June 30, 2024, from the
15471547 31 distributions otherwise payable to the county under
15481548 32 IC 4-40; and
15491549 33 (2) paid instead to the state general fund.
15501550 34 (c) Except as provided in subsection (d), one-sixth (1/6) of the
15511551 35 amount determined by the department under subsection (a)(2) shall be:
15521552 36 (1) deducted each quarter from, for tax revenue collected before
15531553 37 July 1, 2024, the riverboat supplemental wagering tax revenue
15541554 38 otherwise payable under IC 4-33-12-8 and the supplemental
15551555 39 distribution otherwise payable under IC 4-33-13-5(f), and for tax
15561556 40 revenue collected after June 30, 2024, from the distributions
15571557 41 otherwise payable to the county under IC 4-40, to each of the
15581558 42 following:
15591559 2024 IN 1161—LS 6491/DI 125 37
15601560 1 (A) The largest city by population located in the county.
15611561 2 (B) The second largest city by population located in the
15621562 3 county.
15631563 4 (C) The third largest city by population located in the county;
15641564 5 and
15651565 6 (2) paid instead to the state general fund.
15661566 7 (d) If the amount determined by the department under subsection
15671567 8 (a)(1)(B) is less than eight million five hundred thousand dollars
15681568 9 ($8,500,000), the difference of:
15691569 10 (1) eight million five hundred thousand dollars ($8,500,000);
15701570 11 minus
15711571 12 (2) the amount determined by the department under subsection
15721572 13 (a)(1)(B);
15731573 14 shall be paid in four (4) equal quarterly payments to the northwest
15741574 15 Indiana regional development authority established by IC 36-7.5-2-1
15751575 16 instead of the state general fund. Any amounts paid under this
15761576 17 subsection shall be used by the northwest Indiana regional
15771577 18 development authority only to establish or improve public mass rail
15781578 19 transportation systems in Lake County.
15791579 20 SECTION 24. IC 6-8.1-3-17, AS AMENDED BY P.L.146-2020,
15801580 21 SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15811581 22 JULY 1, 2024]: Sec. 17. (a) Before an original tax appeal is filed with
15821582 23 the tax court under IC 33-26, the commissioner, or the taxpayer rights
15831583 24 advocate office to the extent granted the authority by the commissioner,
15841584 25 may settle any tax liability dispute if a substantial doubt exists as to:
15851585 26 (1) the constitutionality of the tax under the Constitution of the
15861586 27 State of Indiana;
15871587 28 (2) the right to impose the tax;
15881588 29 (3) the correct amount of tax due;
15891589 30 (4) the collectability of the tax; or
15901590 31 (5) whether the taxpayer is a resident or nonresident of Indiana.
15911591 32 (b) After an original tax appeal is filed with the tax court under
15921592 33 IC 33-26, and notwithstanding IC 4-6-2-11, the commissioner may
15931593 34 settle a tax liability dispute with an amount in contention of twenty-five
15941594 35 thousand dollars ($25,000) or less. Notwithstanding IC 6-8.1-7-1(a),
15951595 36 the terms of a settlement under this subsection are available for public
15961596 37 inspection.
15971597 38 (c) The department shall establish an amnesty program for taxpayers
15981598 39 having an unpaid tax liability for a listed tax that was due and payable
15991599 40 for a tax period ending before January 1, 2013. A taxpayer is not
16001600 41 eligible for the amnesty program:
16011601 42 (1) for any tax liability resulting from the taxpayer's failure to
16021602 2024 IN 1161—LS 6491/DI 125 38
16031603 1 comply with IC 6-3-1-3.5(b)(3) with regard to the tax imposed by
16041604 2 IC 4-33-13, or IC 4-35-8, or IC 4-40; or
16051605 3 (2) if the taxpayer participated in any previous amnesty program
16061606 4 under:
16071607 5 (A) this section (as in effect on December 31, 2014); or
16081608 6 (B) IC 6-2.5-14.
16091609 7 The time in which a voluntary payment of tax liability may be made (or
16101610 8 the taxpayer may enter into a payment program acceptable to the
16111611 9 department for the payment of the unpaid listed taxes in full in the
16121612 10 manner and time established in a written payment program agreement
16131613 11 between the department and the taxpayer) under the amnesty program
16141614 12 is limited to the period determined by the department, not to exceed
16151615 13 eight (8) regular business weeks ending before the earlier of the date
16161616 14 set by the department or January 1, 2017. The amnesty program must
16171617 15 provide that, upon payment by a taxpayer to the department of all listed
16181618 16 taxes due from the taxpayer for a tax period (or payment of the unpaid
16191619 17 listed taxes in full in the manner and time established in a written
16201620 18 payment program agreement between the department and the taxpayer),
16211621 19 entry into an agreement that the taxpayer is not eligible for any other
16221622 20 amnesty program that may be established and waives any part of
16231623 21 interest and penalties on the same type of listed tax that is being
16241624 22 granted amnesty in the current amnesty program, and compliance with
16251625 23 all other amnesty conditions adopted under a rule of the department in
16261626 24 effect on the date the voluntary payment is made, the department:
16271627 25 (1) shall abate and not seek to collect any interest, penalties,
16281628 26 collection fees, or costs that would otherwise be applicable;
16291629 27 (2) shall release any liens imposed;
16301630 28 (3) shall not seek civil or criminal prosecution against any
16311631 29 individual or entity; and
16321632 30 (4) shall not issue, or, if issued, shall withdraw, an assessment, a
16331633 31 demand notice, or a warrant for payment under IC 6-8.1-5-1,
16341634 32 IC 6-8.1-5-3, IC 6-8.1-8-2, or another law against any individual
16351635 33 or entity;
16361636 34 for listed taxes due from the taxpayer for the tax period for which
16371637 35 amnesty has been granted to the taxpayer. Amnesty granted under this
16381638 36 subsection is binding on the state and its agents. However, failure to
16391639 37 pay to the department all listed taxes due for a tax period invalidates
16401640 38 any amnesty granted under this subsection for that tax period. The
16411641 39 department shall conduct an assessment of the impact of the tax
16421642 40 amnesty program on tax collections and an analysis of the costs of
16431643 41 administering the tax amnesty program. As soon as practicable after the
16441644 42 end of the tax amnesty period, the department shall submit a copy of
16451645 2024 IN 1161—LS 6491/DI 125 39
16461646 1 the assessment and analysis to the legislative council in an electronic
16471647 2 format under IC 5-14-6. The department shall enforce an agreement
16481648 3 with a taxpayer that prohibits the taxpayer from receiving amnesty in
16491649 4 another amnesty program.
16501650 5 (d) For purposes of subsection (c), a liability for a listed tax is due
16511651 6 and payable if:
16521652 7 (1) the department has issued:
16531653 8 (A) an assessment of the listed tax under IC 6-8.1-5-1;
16541654 9 (B) a demand for payment under IC 6-8.1-5-3; or
16551655 10 (C) a demand notice for payment of the listed tax under
16561656 11 IC 6-8.1-8-2;
16571657 12 (2) the taxpayer has filed a return or an amended return in which
16581658 13 the taxpayer has reported a liability for the listed tax; or
16591659 14 (3) the taxpayer has filed a written statement of liability for the
16601660 15 listed tax in a form that is satisfactory to the department.
16611661 16 (e) The department may waive interest and penalties if the general
16621662 17 assembly enacts a change in a listed tax for a tax period that increases
16631663 18 a taxpayer's tax liability for that listed tax after the due date for that
16641664 19 listed tax and tax period. However, such a waiver shall apply only to
16651665 20 the extent of the increase in tax liability and only for a period not
16661666 21 exceeding sixty (60) days after the change is enacted. The department
16671667 22 may adopt rules, including emergency rules, or issue guidelines to carry
16681668 23 out this subsection.
16691669 24 SECTION 25. IC 20-26-5-22.5, AS AMENDED BY P.L.244-2017,
16701670 25 SECTION 45, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16711671 26 JULY 1, 2024]: Sec. 22.5. (a) A school corporation may participate in
16721672 27 the establishment of a public school foundation.
16731673 28 (b) The governing body of a school corporation may receive the
16741674 29 proceeds of a grant, a restricted gift, an unrestricted gift, a donation, an
16751675 30 endowment, a bequest, a trust, an agreement to share tax revenue
16761676 31 received by a city or county under IC 4-33-12-6, or IC 4-33-13, or
16771677 32 IC 4-40, or other funds not generated from taxes levied by the school
16781678 33 corporation to create a foundation under the following conditions:
16791679 34 (1) The foundation is:
16801680 35 (A) exempt from federal income taxation under Section
16811681 36 501(c)(3) of the Internal Revenue Code; and
16821682 37 (B) organized as an Indiana nonprofit corporation for the
16831683 38 purposes of providing educational funds for scholarships,
16841684 39 teacher education, capital programs, and special programs for
16851685 40 school corporations.
16861686 41 (2) Except as provided in subdivision (3), the foundation retains
16871687 42 all rights to a donation, including investment powers. The
16881688 2024 IN 1161—LS 6491/DI 125 40
16891689 1 foundation may hold a donation as a permanent endowment.
16901690 2 (3) The foundation agrees to do the following:
16911691 3 (A) Distribute the income from a donation only to the school
16921692 4 corporation.
16931693 5 (B) Return a donation to the operations fund of the school
16941694 6 corporation if the foundation:
16951695 7 (i) loses the foundation's status as a foundation exempt from
16961696 8 federal income taxation under Section 501(c)(3) of the
16971697 9 Internal Revenue Code;
16981698 10 (ii) is liquidated; or
16991699 11 (iii) violates any condition set forth in this subdivision.
17001700 12 (c) A school corporation may use the proceeds received under this
17011701 13 section from a foundation only for educational purposes of the school
17021702 14 corporation described in subsection (b)(1)(B).
17031703 15 (d) The governing body of the school corporation may appoint
17041704 16 members to the foundation.
17051705 17 (e) The treasurer of the governing body of the school corporation
17061706 18 may serve as the treasurer of the foundation.
17071707 19 SECTION 26. IC 20-47-1-1, AS ADDED BY P.L.2-2006,
17081708 20 SECTION 170, IS AMENDED TO READ AS FOLLOWS
17091709 21 [EFFECTIVE JULY 1, 2024]: Sec. 1. As used in this chapter,
17101710 22 "proceeds from riverboat gaming" means tax revenue received by a
17111711 23 political subdivision under IC 4-33-12-6, IC 4-33-13, IC 4-40, or an
17121712 24 agreement to share a city's or county's part of the tax revenue.
17131713 25 SECTION 27. IC 20-47-1-5, AS AMENDED BY P.L.244-2017,
17141714 26 SECTION 107, IS AMENDED TO READ AS FOLLOWS
17151715 27 [EFFECTIVE JULY 1, 2024]: Sec. 5. (a) The governing body of a
17161716 28 school corporation may donate the proceeds of a grant, a gift, a
17171717 29 donation, an endowment, a bequest, a trust, an agreement to share tax
17181718 30 revenue received by a city or county under IC 4-33-12-6, or IC 4-33-13,
17191719 31 or IC 4-40, or an agreement to share revenue received by a political
17201720 32 subdivision under IC 4-35-8.5, or other funds not generated from taxes
17211721 33 levied by the school corporation, to a foundation under the following
17221722 34 conditions:
17231723 35 (1) The foundation is a charitable nonprofit community
17241724 36 foundation.
17251725 37 (2) The foundation retains all rights to the donation, including
17261726 38 investment powers, except as provided in subdivision (3).
17271727 39 (3) The foundation agrees to do the following:
17281728 40 (A) Hold the donation as a permanent endowment.
17291729 41 (B) Distribute the income from the donation only to the school
17301730 42 corporation as directed by resolution of the governing body of
17311731 2024 IN 1161—LS 6491/DI 125 41
17321732 1 the school corporation.
17331733 2 (C) Return the donation to the operations fund of the school
17341734 3 corporation if the foundation:
17351735 4 (i) loses the foundation's status as a public charitable
17361736 5 organization;
17371737 6 (ii) is liquidated; or
17381738 7 (iii) violates any condition of the endowment set by the
17391739 8 governing body of the school corporation.
17401740 9 (b) A school corporation may use income received under this
17411741 10 section from a community foundation only for purposes of the school
17421742 11 corporation.
17431743 12 SECTION 28. IC 36-1-8-9, AS AMENDED BY P.L.199-2005,
17441744 13 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17451745 14 JULY 1, 2024]: Sec. 9. (a) Each unit that receives:
17461746 15 (1) tax revenue under IC 4-33-12-6, or IC 4-33-13, or IC 4-40;
17471747 16 (2) revenue under an agreement to share the tax revenue received
17481748 17 under IC 4-33-12, or IC 4-33-13, or IC 4-40 by another unit; or
17491749 18 (3) revenue under a development agreement (as defined in section
17501750 19 9.5 of this chapter);
17511751 20 may establish a riverboat fund. Money in the fund may be used for any
17521752 21 legal or corporate purpose of the unit.
17531753 22 (b) The riverboat fund established under subsection (a) shall be
17541754 23 administered by the unit's treasurer, and the expenses of administering
17551755 24 the fund shall be paid from money in the fund. Money in the fund not
17561756 25 currently needed to meet the obligations of the fund may be invested
17571757 26 in the same manner as other public funds may be invested. Interest that
17581758 27 accrues from these investments shall be deposited in the fund. Money
17591759 28 in the fund at the end of a particular fiscal year does not revert to the
17601760 29 unit's general fund.
17611761 30 SECTION 29. IC 36-1-8-9.2, AS ADDED BY P.L.142-2009,
17621762 31 SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17631763 32 JULY 1, 2024]: Sec. 9.2. (a) Each unit that receives:
17641764 33 (1) tax revenue under IC 4-35-8.5 or IC 4-40; or
17651765 34 (2) revenue under an agreement to share the tax revenue received
17661766 35 under IC 4-35-8.5 or IC 4-40 by another unit;
17671767 36 shall establish a fund, separate from the unit's general fund, into which
17681768 37 the revenue shall be deposited. Money in the fund may be used for any
17691769 38 legal or corporate purpose of the unit.
17701770 39 (b) The fund established by subsection (a) shall be administered by
17711771 40 the unit's treasurer, and the expenses of administering the fund shall be
17721772 41 paid from money in the fund. Money in the fund not currently needed
17731773 42 to meet the obligations of the fund may be invested in the same manner
17741774 2024 IN 1161—LS 6491/DI 125 42
17751775 1 as other public funds may be invested. Interest that accrues from these
17761776 2 investments shall be deposited in the fund. Money in the fund at the
17771777 3 end of a particular fiscal year does not revert to the unit's general fund.
17781778 4 SECTION 30. IC 36-1-14-1, AS AMENDED BY P.L.114-2017,
17791779 5 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17801780 6 JULY 1, 2024]: Sec. 1. (a) This section does not apply to donations of
17811781 7 gaming revenue to a public school endowment corporation under
17821782 8 IC 20-47-1-3.
17831783 9 (b) As used in this section, "gaming revenue" means either of the
17841784 10 following:
17851785 11 (1) Tax revenue received by a unit under IC 4-33-12-6,
17861786 12 IC 4-33-13, IC 4-40, or an agreement to share a city's or county's
17871787 13 part of the tax revenue.
17881788 14 (2) Revenue received by a unit under IC 4-35-8.5 or IC 4-40 or
17891789 15 an agreement to share revenue received by another unit under
17901790 16 IC 4-35-8.5 or IC 4-40.
17911791 17 (c) Notwithstanding IC 8-1.5-2-6(d), a unit may donate the proceeds
17921792 18 from the sale of a utility or facility or from a grant, a gift, a donation,
17931793 19 an endowment, a bequest, a trust, or gaming revenue to a foundation
17941794 20 under the following conditions:
17951795 21 (1) The foundation is a charitable nonprofit community
17961796 22 foundation.
17971797 23 (2) The foundation retains all rights to the donation, including
17981798 24 investment powers.
17991799 25 (3) The foundation agrees to do the following:
18001800 26 (A) Hold the donation as a permanent endowment.
18011801 27 (B) Distribute the income from the donation only to the unit as
18021802 28 directed by resolution of the fiscal body of the unit.
18031803 29 (C) Return the donation to the general fund of the unit if the
18041804 30 foundation:
18051805 31 (i) loses the foundation's status as a public charitable
18061806 32 organization;
18071807 33 (ii) is liquidated; or
18081808 34 (iii) violates any condition of the endowment set by the
18091809 35 fiscal body of the unit.
18101810 36 (d) This subsection applies only to the donation of proceeds
18111811 37 described in subsection (c) that occurs after December 31, 2015.
18121812 38 Notwithstanding subsection (c)(3)(B), the unit and the foundation may
18131813 39 agree that distribution of the proceeds is governed by IC 30-2-12.
18141814 40 (e) The department of local government finance may not reduce a
18151815 41 unit's property tax levy under IC 6-1.1-18.5 or any other law because
18161816 42 of any of the following:
18171817 2024 IN 1161—LS 6491/DI 125 43
18181818 1 (1) The donation of the proceeds of money from the sale of a
18191819 2 utility or a facility as provided in this section.
18201820 3 (2) A distribution from the endowment to the unit as provided in
18211821 4 this section.
18221822 5 (3) A return of the donation to the general fund of the unit as
18231823 6 provided in this section.
18241824 7 SECTION 31. IC 36-7.5-3-2, AS AMENDED BY P.L.114-2022,
18251825 8 SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
18261826 9 JULY 1, 2024]: Sec. 2. (a) The development authority may do any of
18271827 10 the following:
18281828 11 (1) Finance, improve, construct, reconstruct, renovate, purchase,
18291829 12 lease, acquire, and equip land and projects located in an eligible
18301830 13 county or eligible municipality.
18311831 14 (2) Lease land or a project to an eligible political subdivision.
18321832 15 (3) Finance and construct additional improvements to projects or
18331833 16 other capital improvements owned by the development authority
18341834 17 and lease them to or for the benefit of an eligible political
18351835 18 subdivision.
18361836 19 (4) Acquire land or all or a portion of one (1) or more projects
18371837 20 from an eligible political subdivision by purchase or lease and
18381838 21 lease the land or projects back to the eligible political subdivision,
18391839 22 with any additional improvements that may be made to the land
18401840 23 or projects.
18411841 24 (5) Acquire all or a portion of one (1) or more projects from an
18421842 25 eligible political subdivision by purchase or lease to fund or
18431843 26 refund indebtedness incurred on account of the projects to enable
18441844 27 the eligible political subdivision to make a savings in debt service
18451845 28 obligations or lease rental obligations or to obtain relief from
18461846 29 covenants that the eligible political subdivision considers to be
18471847 30 unduly burdensome.
18481848 31 (6) Make loans, loan guarantees, and grants or provide other
18491849 32 financial assistance to or on behalf of the following:
18501850 33 (A) A commuter transportation district.
18511851 34 (B) An airport authority or airport development authority.
18521852 35 (C) A regional bus authority. A loan, loan guarantee, grant, or
18531853 36 other financial assistance under this clause may be used by a
18541854 37 regional bus authority for acquiring, improving, operating,
18551855 38 maintaining, financing, and supporting the following:
18561856 39 (i) Bus services (including fixed route services and flexible
18571857 40 or demand-responsive services) that are a component of a
18581858 41 public transportation system.
18591859 42 (ii) Bus terminals, stations, or facilities or other regional bus
18601860 2024 IN 1161—LS 6491/DI 125 44
18611861 1 authority projects.
18621862 2 (D) A regional transportation authority.
18631863 3 (E) A member municipality that is eligible to make an
18641864 4 appointment to the development board under
18651865 5 IC 36-7.5-2-3(b)(2) and that has pledged admissions tax
18661866 6 revenue for a bond anticipation note after March 31, 2014, and
18671867 7 before June 30, 2015. However, a loan made to such a member
18681868 8 municipality before June 30, 2016, under this clause must
18691869 9 have a term of not more than ten (10) years, must require
18701870 10 annual level debt service payments, and must have a market
18711871 11 based interest rate. If a member municipality defaults on the
18721872 12 repayment of a loan made under this clause, the development
18731873 13 authority shall notify the treasurer of state of the default and
18741874 14 the treasurer of state shall:
18751875 15 (i) withhold from any funds held for distribution to the
18761876 16 municipality under IC 4-33-12, or IC 4-33-13, or IC 4-40,
18771877 17 an amount sufficient to cure the default; and
18781878 18 (ii) pay that amount to the development authority.
18791879 19 (7) Provide funding to assist a railroad that is providing commuter
18801880 20 transportation services in an eligible county or eligible
18811881 21 municipality.
18821882 22 (8) Provide funding to assist an airport authority located in an
18831883 23 eligible county or eligible municipality in the construction,
18841884 24 reconstruction, renovation, purchase, lease, acquisition, and
18851885 25 equipping of an airport facility or airport project.
18861886 26 (9) Provide funding to assist in the development of an intermodal
18871887 27 facility to facilitate the interchange and movement of freight.
18881888 28 (10) Provide funding for economic development projects in an
18891889 29 eligible county or eligible municipality.
18901890 30 (11) Hold, use, lease, rent, purchase, acquire, and dispose of by
18911891 31 purchase, exchange, gift, bequest, grant, condemnation, lease, or
18921892 32 sublease, on the terms and conditions determined by the
18931893 33 development authority, any real or personal property located in an
18941894 34 eligible county or eligible municipality.
18951895 35 (12) After giving notice, enter upon any lots or lands for the
18961896 36 purpose of surveying or examining them to determine the location
18971897 37 of a project.
18981898 38 (13) Make or enter into all contracts and agreements necessary or
18991899 39 incidental to the performance of its duties and the execution of its
19001900 40 powers under this article.
19011901 41 (14) Sue, be sued, plead, and be impleaded.
19021902 42 (15) Design, order, contract for, and construct, reconstruct, and
19031903 2024 IN 1161—LS 6491/DI 125 45
19041904 1 renovate a project or improvements to a project.
19051905 2 (16) Appoint an executive director and employ appraisers, real
19061906 3 estate experts, engineers, architects, surveyors, attorneys,
19071907 4 accountants, auditors, clerks, construction managers, and any
19081908 5 consultants or employees that are necessary or desired by the
19091909 6 development authority in exercising its powers or carrying out its
19101910 7 duties under this article.
19111911 8 (17) Accept loans, grants, and other forms of financial assistance
19121912 9 from the federal government, the state government, a political
19131913 10 subdivision, or any other public or private source.
19141914 11 (18) Use the development authority's funds to match federal
19151915 12 grants or make loans, loan guarantees, or grants to carry out the
19161916 13 development authority's powers and duties under this article.
19171917 14 (19) Provide funding for regional transportation infrastructure
19181918 15 projects under IC 36-9-43.
19191919 16 (20) Except as prohibited by law, take any action necessary to
19201920 17 carry out this article.
19211921 18 (b) If the development authority is unable to agree with the owners,
19221922 19 lessees, or occupants of any real property selected for the purposes of
19231923 20 this article, the development authority may proceed under IC 32-24-1
19241924 21 to procure the condemnation of the property. The development
19251925 22 authority may not institute a proceeding until it has adopted a
19261926 23 resolution that:
19271927 24 (1) describes the real property sought to be acquired and the
19281928 25 purpose for which the real property is to be used;
19291929 26 (2) declares that the public interest and necessity require the
19301930 27 acquisition by the development authority of the property involved;
19311931 28 and
19321932 29 (3) sets out any other facts that the development authority
19331933 30 considers necessary or pertinent.
19341934 31 The resolution is conclusive evidence of the public necessity of the
19351935 32 proposed acquisition.
19361936 33 SECTION 32. IC 36-7.5-4-16.5, AS AMENDED BY P.L.149-2016,
19371937 34 SECTION 99, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
19381938 35 JULY 1, 2024]: Sec. 16.5. (a) This section applies if the development
19391939 36 board does the following:
19401940 37 (1) Finds that a city or county described in IC 36-7.5-2-3 has, at
19411941 38 any time before July 1, 2015, failed to make a transfer or a part of
19421942 39 a transfer required by section 2 of this chapter.
19431943 40 (2) Finds that the obligation of the city or county to pay the
19441944 41 unpaid amount of the transfer or transfers has not been satisfied
19451945 42 under section 16 of this chapter or by any other means.
19461946 2024 IN 1161—LS 6491/DI 125 46
19471947 1 (3) Certifies to the treasurer of state the total amount of the
19481948 2 arrearage attributable to the failure of the city or county to make
19491949 3 a transfer or a part of a transfer required by section 2 of this
19501950 4 chapter.
19511951 5 (b) The treasurer of state shall do the following:
19521952 6 (1) Deduct from amounts otherwise payable to the city under
19531953 7 IC 4-33-13-5(a) or IC 4-40, or to the county under IC 4-33-12-6
19541954 8 or IC 4-40, an amount equal to:
19551955 9 (A) the total amount certified under subsection (a)(3); plus
19561956 10 (B) interest calculated in the same manner that interest on
19571957 11 delinquent taxes is calculated under IC 6-8.1-10-1.
19581958 12 (2) Pay the amount deducted under subdivision (1) to the
19591959 13 development authority.
19601960 2024 IN 1161—LS 6491/DI 125