1 | 1 | | |
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2 | 2 | | Introduced Version |
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3 | 3 | | HOUSE BILL No. 1161 |
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4 | 4 | | _____ |
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5 | 5 | | DIGEST OF INTRODUCED BILL |
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6 | 6 | | Citations Affected: IC 4-31; IC 4-33; IC 4-35; IC 4-38-10; IC 4-40; |
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7 | 7 | | 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; |
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8 | 8 | | IC 20-47-1; IC 36-1; IC 36-7.5. |
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9 | 9 | | Synopsis: Gaming revenue distribution. Establishes the gaming |
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10 | 10 | | revenue fund (fund). Provides that tax revenue collected after June 30, |
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11 | 11 | | 2024, from the imposition of the wagering tax, the supplemental |
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12 | 12 | | wagering tax, the graduated slot machine wagering tax, the county |
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13 | 13 | | gambling game wagering fee, the sports wagering tax, and taxes and |
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14 | 14 | | fees imposed on pari-mutuel wagering, except for tax revenue collected |
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15 | 15 | | from an operating agent, is deposited in the fund. Provides that the state |
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16 | 16 | | comptroller administers the fund. Provides for distribution of the |
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17 | 17 | | money in the fund. Makes corresponding changes. Makes an |
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18 | 18 | | appropriation. Reconciles conflicting statutes. |
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19 | 19 | | Effective: July 1, 2024. |
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20 | 20 | | Pressel |
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21 | 21 | | January 8, 2024, read first time and referred to Committee on Ways and Means. |
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22 | 22 | | 2024 IN 1161—LS 6491/DI 125 Introduced |
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23 | 23 | | Second Regular Session of the 123rd General Assembly (2024) |
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24 | 24 | | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana |
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25 | 25 | | Constitution) is being amended, the text of the existing provision will appear in this style type, |
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26 | 26 | | additions will appear in this style type, and deletions will appear in this style type. |
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27 | 27 | | Additions: Whenever a new statutory provision is being enacted (or a new constitutional |
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28 | 28 | | provision adopted), the text of the new provision will appear in this style type. Also, the |
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29 | 29 | | word NEW will appear in that style type in the introductory clause of each SECTION that adds |
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30 | 30 | | a new provision to the Indiana Code or the Indiana Constitution. |
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31 | 31 | | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts |
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32 | 32 | | between statutes enacted by the 2023 Regular Session of the General Assembly. |
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33 | 33 | | HOUSE BILL No. 1161 |
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34 | 34 | | A BILL FOR AN ACT to amend the Indiana Code concerning |
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35 | 35 | | gaming and to make an appropriation. |
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36 | 36 | | Be it enacted by the General Assembly of the State of Indiana: |
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37 | 37 | | 1 SECTION 1. IC 4-31-9-3, AS AMENDED BY P.L.137-2022, |
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38 | 38 | | 2 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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39 | 39 | | 3 JULY 1, 2024]: Sec. 3. (a) At the close of each day on which a permit |
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40 | 40 | | 4 holder or satellite facility operator conducts pari-mutuel wagering on |
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41 | 41 | | 5 live racing or simulcasts at a racetrack or satellite facility, the permit |
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42 | 42 | | 6 holder or satellite facility operator shall pay to the department of state |
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43 | 43 | | 7 revenue a tax on the total amount of money wagered on that day as |
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44 | 44 | | 8 follows: |
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45 | 45 | | 9 (1) Two percent (2%) of the total amount of money wagered |
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46 | 46 | | 10 under IC 4-31-7 at a permit holder's racetrack. |
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47 | 47 | | 11 (2) Two and one-half percent (2.5%) of the total amount of money |
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48 | 48 | | 12 wagered under IC 4-31-5.5-6 at a permit holder's satellite facility. |
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49 | 49 | | 13 (b) This subsection applies to taxes collected under subsection |
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50 | 50 | | 14 (a) before July 1, 2024. The taxes collected under subsection (a) shall |
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51 | 51 | | 15 be paid from the amounts withheld under section 1 of this chapter and |
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52 | 52 | | 16 shall be distributed as follows: |
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53 | 53 | | 17 (1) The first one hundred fifty thousand dollars ($150,000) of |
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54 | 54 | | 2024 IN 1161—LS 6491/DI 125 2 |
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55 | 55 | | 1 taxes collected during each state fiscal year shall be deposited in |
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56 | 56 | | 2 the veterinary school research account established by |
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57 | 57 | | 3 IC 4-31-12-22. |
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58 | 58 | | 4 (2) The remainder of the taxes collected during each state fiscal |
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59 | 59 | | 5 year shall be paid into the Indiana horse racing commission |
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60 | 60 | | 6 operating fund (IC 4-31-10). |
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61 | 61 | | 7 (c) This subsection applies to taxes collected under subsection |
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62 | 62 | | 8 (a) after June 30, 2024. The taxes collected under subsection (a) |
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63 | 63 | | 9 shall be paid from the amounts withheld under section 1 of this |
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64 | 64 | | 10 chapter and shall be deposited in the gaming revenue fund |
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65 | 65 | | 11 established by IC 4-40-3-1. |
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66 | 66 | | 12 (c) (d) The tax imposed by this section is a listed tax for purposes |
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67 | 67 | | 13 of IC 6-8.1-1. |
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68 | 68 | | 14 (d) (e) The payment of the tax under this section must be reported |
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69 | 69 | | 15 and remitted electronically through the department's online tax filing |
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70 | 70 | | 16 program. |
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71 | 71 | | 17 SECTION 2. IC 4-31-9-5 IS AMENDED TO READ AS FOLLOWS |
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72 | 72 | | 18 [EFFECTIVE JULY 1, 2024]: Sec. 5. (a) At the close of each day on |
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73 | 73 | | 19 which pari-mutuel wagering is conducted, each permit holder or |
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74 | 74 | | 20 satellite facility operator shall pay to the department of state revenue |
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75 | 75 | | 21 a tax equal to twenty cents ($0.20) for each person who paid an |
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76 | 76 | | 22 admission charge for the privilege of entering the racetrack grounds or |
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77 | 77 | | 23 satellite facility on that day. Separate computations shall be made of |
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78 | 78 | | 24 the number of patrons at each location. If tickets are issued for more |
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79 | 79 | | 25 than one (1) day, the sum of twenty cents ($0.20) shall be paid for each |
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80 | 80 | | 26 person using the ticket on each day that it is used. |
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81 | 81 | | 27 (b) This subsection applies to taxes collected under subsection |
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82 | 82 | | 28 (a) before July 1, 2024. Before the fifteenth day of each month, the |
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83 | 83 | | 29 taxes collected under subsection (a) during the preceding month shall |
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84 | 84 | | 30 be distributed as follows: |
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85 | 85 | | 31 (1) Fifty percent (50%) of the taxes shall be distributed in equal |
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86 | 86 | | 32 shares to the fiscal officers of: |
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87 | 87 | | 33 (A) the city, if any; |
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88 | 88 | | 34 (B) the town, if any; and |
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89 | 89 | | 35 (C) the county; |
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90 | 90 | | 36 in which the racetrack is located. The city, town, or county may |
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91 | 91 | | 37 use this money as general fund operating revenues. |
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92 | 92 | | 38 (2) Fifty percent (50%) of the taxes shall be deposited in the state |
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93 | 93 | | 39 general fund. |
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94 | 94 | | 40 (c) This subsection applies to taxes collected under subsection |
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95 | 95 | | 41 (a) after June 30, 2024. Before the fifteenth day of each month, the |
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96 | 96 | | 42 taxes collected under subsection (a) during the preceding month |
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97 | 97 | | 2024 IN 1161—LS 6491/DI 125 3 |
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98 | 98 | | 1 shall be deposited in the gaming revenue fund established by |
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99 | 99 | | 2 IC 4-40-3-1. |
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100 | 100 | | 3 (c) (d) The tax imposed by this section is a listed tax for purposes |
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101 | 101 | | 4 of IC 6-8.1-1. |
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102 | 102 | | 5 SECTION 3. IC 4-31-9-7, AS AMENDED BY P.L.210-2013, |
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103 | 103 | | 6 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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104 | 104 | | 7 JULY 1, 2024]: Sec. 7. (a) This section does not apply to money |
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105 | 105 | | 8 wagered on simulcasts of horse races televised under IC 4-31-7-7. |
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106 | 106 | | 9 (b) Each permit holder shall pay a fee after the completion of each |
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107 | 107 | | 10 racing meeting. This fee is in addition to the taxes imposed by section |
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108 | 108 | | 11 3 of this chapter. Except as provided in subsection (c), the amount of |
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109 | 109 | | 12 this fee is determined as follows: |
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110 | 110 | | 13 (1) If the total amount of wagering at the racing meeting is less |
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111 | 111 | | 14 than five million dollars ($5,000,000), the fee is one-tenth of one |
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112 | 112 | | 15 percent (0.1%) of the total amount wagered. |
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113 | 113 | | 16 (2) If the total amount of wagering at the racing meeting is five |
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114 | 114 | | 17 million dollars ($5,000,000) or more, the fee is fifteen-hundredths |
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115 | 115 | | 18 of one percent (0.15%) of the total amount wagered. |
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116 | 116 | | 19 (c) The fees collected under this section from any one (1) permit |
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117 | 117 | | 20 holder may not exceed fifteen thousand dollars ($15,000) from any one |
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118 | 118 | | 21 (1) horse racing meeting in a calendar year. |
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119 | 119 | | 22 (d) This subsection applies to fees collected under this section |
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120 | 120 | | 23 before July 1, 2024. Within ten (10) days after the close of each racing |
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121 | 121 | | 24 meeting, the permit holder shall forward the fee imposed by this |
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122 | 122 | | 25 section in equal shares to the fiscal officers of the: |
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123 | 123 | | 26 (1) city, if any; |
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124 | 124 | | 27 (2) town, if any; and |
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125 | 125 | | 28 (3) county; |
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126 | 126 | | 29 in which the racing meeting took place. The city, town, or county may |
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127 | 127 | | 30 use this money as general fund operating revenues. |
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128 | 128 | | 31 (e) This subsection applies to fees collected under this section |
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129 | 129 | | 32 after June 30, 2024. Within ten (10) days after the close of each |
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130 | 130 | | 33 racing meeting, the permit holder shall forward the fees imposed |
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131 | 131 | | 34 by this section to the state comptroller. The state comptroller shall |
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132 | 132 | | 35 deposit the fees collected under this section in the gaming revenue |
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133 | 133 | | 36 fund established by IC 4-40-3-1. |
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134 | 134 | | 37 SECTION 4. IC 4-31-9-9, AS AMENDED BY THE TECHNICAL |
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135 | 135 | | 38 CORRECTIONS BILL OF THE 2024 GENERAL ASSEMBLY, IS |
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136 | 136 | | 39 AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2024]: |
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137 | 137 | | 40 Sec. 9. (a) This subsection applies to amounts withheld before July |
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138 | 138 | | 41 1, 2024. Before January 15 and July 15 of each year, each permit |
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139 | 139 | | 42 holder that operates satellite facilities shall forward to the auditor of |
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140 | 140 | | 2024 IN 1161—LS 6491/DI 125 4 |
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141 | 141 | | 1 state comptroller an amount equal to one-half of one percent (0.5%) |
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142 | 142 | | 2 of the total amount of money wagered at that permit holder's satellite |
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143 | 143 | | 3 facilities during the six (6) month period ending on the last day of the |
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144 | 144 | | 4 preceding month. The auditor of state comptroller shall distribute |
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145 | 145 | | 5 amounts received under this section as follows: |
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146 | 146 | | 6 (1) Fifty percent (50%) of the amounts received shall be deposited |
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147 | 147 | | 7 in the livestock industry promotion and development fund |
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148 | 148 | | 8 established by IC 15-11-5-4. |
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149 | 149 | | 9 (2) Fifty percent (50%) of the amounts received shall be |
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150 | 150 | | 10 distributed to the state fair commission for use in any activity that |
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151 | 151 | | 11 the commission is authorized to carry out under IC 15-13-3. |
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152 | 152 | | 12 (b) This subsection applies to amounts withheld after June 30, |
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153 | 153 | | 13 2024. Before January 15 and July 15 of each year, each permit |
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154 | 154 | | 14 holder that operates satellite facilities shall forward to the state |
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155 | 155 | | 15 comptroller an amount equal to one-half of one percent (0.5%) of |
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156 | 156 | | 16 the total amount of money wagered at that permit holder's satellite |
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157 | 157 | | 17 facilities during the six (6) month period ending on the last day of |
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158 | 158 | | 18 the preceding month. The state comptroller shall deposit amounts |
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159 | 159 | | 19 received under this section in the gaming revenue fund established |
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160 | 160 | | 20 by IC 4-40-3-1. |
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161 | 161 | | 21 (b) (c) Payments required by this section shall be made from |
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162 | 162 | | 22 amounts withheld by the permit holder under section 1 of this chapter. |
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163 | 163 | | 23 SECTION 5. IC 4-31-10-3, AS AMENDED BY P.L.108-2019, |
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164 | 164 | | 24 SECTION 71, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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165 | 165 | | 25 JULY 1, 2024]: Sec. 3. The fund consists of the following: |
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166 | 166 | | 26 (1) Before July 1, 2024, taxes paid into the fund under |
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167 | 167 | | 27 IC 4-31-9-3(b)(2). |
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168 | 168 | | 28 (2) Before July 1, 2024, transfers from the Indiana horse racing |
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169 | 169 | | 29 commission under IC 4-35-7-12.5. |
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170 | 170 | | 30 (3) Appropriations made by the general assembly. |
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171 | 171 | | 31 SECTION 6. IC 4-31-12-22 IS AMENDED TO READ AS |
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172 | 172 | | 32 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 22. (a) The veterinary |
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173 | 173 | | 33 school research account (referred to in this section as "the account") is |
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174 | 174 | | 34 established as an account within the state general fund. The account |
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175 | 175 | | 35 shall be administered by Purdue University. The account does not |
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176 | 176 | | 36 revert to the state general fund at the end of a state fiscal year. |
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177 | 177 | | 37 (b) The account consists of: |
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178 | 178 | | 38 (A) before July 1, 2024, money deposited in the account |
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179 | 179 | | 39 under IC 4-31-9-3; and |
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180 | 180 | | 40 (B) after June 30, 2024, money distributed from the |
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181 | 181 | | 41 gaming revenue fund established by IC 4-40-3-1. |
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182 | 182 | | 42 (c) Money in the account is annually appropriated to the Purdue |
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183 | 183 | | 2024 IN 1161—LS 6491/DI 125 5 |
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184 | 184 | | 1 University School of Veterinary Medicine for use in equine research. |
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185 | 185 | | 2 Research conducted under this section must include but is not limited |
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186 | 186 | | 3 to research on the effects of drugs on the race performance of horses. |
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187 | 187 | | 4 (d) Before January 15 of each year, the Purdue University School of |
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188 | 188 | | 5 Veterinary Medicine shall make a written report to the commission |
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189 | 189 | | 6 concerning: |
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190 | 190 | | 7 (1) the uses of the money received by the school under this |
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191 | 191 | | 8 section; and |
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192 | 192 | | 9 (2) the results of the research conducted by the school under this |
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193 | 193 | | 10 section. |
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194 | 194 | | 11 SECTION 7. IC 4-33-12-5.5 IS ADDED TO THE INDIANA CODE |
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195 | 195 | | 12 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
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196 | 196 | | 13 1, 2024]: Sec. 5.5. The department shall deposit all tax revenue |
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197 | 197 | | 14 collected under this chapter after June 30, 2024, in the gaming |
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198 | 198 | | 15 revenue fund established by IC 4-40-3-1. |
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199 | 199 | | 16 SECTION 8. IC 4-33-12-6, AS AMENDED BY P.L.104-2022, |
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200 | 200 | | 17 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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201 | 201 | | 18 JULY 1, 2024]: Sec. 6. (a) The department shall place in the state |
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202 | 202 | | 19 general fund the tax revenue collected under this chapter before July |
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203 | 203 | | 20 1, 2024. |
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204 | 204 | | 21 (b) This subsection applies only to tax revenue collected under |
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205 | 205 | | 22 this chapter before July 1, 2024. Except as provided by sections 8 and |
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206 | 206 | | 23 8.5 of this chapter, the treasurer of state shall quarterly pay the |
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207 | 207 | | 24 following amounts: |
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208 | 208 | | 25 (1) Except as provided in section 9(k) of this chapter, thirty-three |
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209 | 209 | | 26 and one-third percent (33 1/3%) of the admissions tax and |
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210 | 210 | | 27 supplemental wagering tax collected by the licensed owner during |
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211 | 211 | | 28 the quarter shall be paid to: |
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212 | 212 | | 29 (A) the city in which the riverboat is located, if the city: |
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213 | 213 | | 30 (i) is located in a county having a population of more than |
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214 | 214 | | 31 one hundred twelve thousand (112,000) and less than one |
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215 | 215 | | 32 hundred twenty thousand (120,000); or |
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216 | 216 | | 33 (ii) is contiguous to the Ohio River and is the largest city in |
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217 | 217 | | 34 the county; and |
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218 | 218 | | 35 (B) the county in which the riverboat is located, if the |
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219 | 219 | | 36 riverboat is not located in a city described in clause (A). |
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220 | 220 | | 37 (2) Except as provided in section 9(k) of this chapter, thirty-three |
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221 | 221 | | 38 and one-third percent (33 1/3%) of the admissions tax and |
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222 | 222 | | 39 supplemental wagering tax collected by the licensed owner during |
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223 | 223 | | 40 the quarter shall be paid to the county in which the riverboat is |
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224 | 224 | | 41 located. In the case of a county described in subdivision (1)(B), |
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225 | 225 | | 42 this thirty-three and one-third percent (33 1/3%) of the admissions |
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226 | 226 | | 2024 IN 1161—LS 6491/DI 125 6 |
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227 | 227 | | 1 tax and supplemental wagering tax is in addition to the |
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228 | 228 | | 2 thirty-three and one-third percent (33 1/3%) received under |
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229 | 229 | | 3 subdivision (1)(B). |
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230 | 230 | | 4 (3) Except as provided in section 9(k) of this chapter, three and |
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231 | 231 | | 5 thirty-three hundredths percent (3.33%) of the admissions tax and |
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232 | 232 | | 6 supplemental wagering tax collected by the licensed owner during |
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233 | 233 | | 7 the quarter shall be paid to the county convention and visitors |
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234 | 234 | | 8 bureau or promotion fund for the county in which the riverboat is |
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235 | 235 | | 9 located. |
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236 | 236 | | 10 (4) Except as provided in section 9(k) of this chapter, five percent |
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237 | 237 | | 11 (5%) of the admissions tax and supplemental wagering tax |
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238 | 238 | | 12 collected by the licensed owner during a quarter shall be paid to |
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239 | 239 | | 13 the state fair commission, for use in any activity that the |
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240 | 240 | | 14 commission is authorized to carry out under IC 15-13-3. |
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241 | 241 | | 15 (5) Except as provided in section 9(k) of this chapter, three and |
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242 | 242 | | 16 thirty-three hundredths percent (3.33%) of the admissions tax and |
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243 | 243 | | 17 supplemental wagering tax collected by the licensed owner during |
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244 | 244 | | 18 the quarter shall be paid to the division of mental health and |
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245 | 245 | | 19 addiction. The division shall allocate at least twenty-five percent |
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246 | 246 | | 20 (25%) of the funds derived from the admissions tax to the |
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247 | 247 | | 21 prevention and treatment of compulsive gambling. |
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248 | 248 | | 22 (6) Twenty-one and six hundred sixty-seven thousandths percent |
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249 | 249 | | 23 (21.667%) of the admissions tax and supplemental wagering tax |
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250 | 250 | | 24 collected by the licensed owner during the quarter shall be paid |
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251 | 251 | | 25 to the state general fund. |
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252 | 252 | | 26 SECTION 9. IC 4-33-12-8, AS AMENDED BY P.L.109-2018, |
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253 | 253 | | 27 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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254 | 254 | | 28 JULY 1, 2024]: Sec. 8. (a) This section applies to tax revenue collected |
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255 | 255 | | 29 before July 1, 2024, from a riverboat operating from Lake County. |
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256 | 256 | | 30 (b) Except as provided by IC 6-3.1-20-7, the treasurer of state shall |
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257 | 257 | | 31 quarterly pay the following amounts from the taxes collected during the |
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258 | 258 | | 32 preceding calendar quarter from the riverboat operating from East |
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259 | 259 | | 33 Chicago: |
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260 | 260 | | 34 (1) The lesser of: |
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261 | 261 | | 35 (A) eight hundred seventy-five thousand dollars ($875,000); |
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262 | 262 | | 36 or |
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263 | 263 | | 37 (B) thirty-three and one-third percent (33 1/3%) of the |
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264 | 264 | | 38 admissions tax and supplemental wagering tax collected by the |
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265 | 265 | | 39 licensed owner during the preceding calendar quarter; |
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266 | 266 | | 40 to the fiscal officer of the northwest Indiana regional development |
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267 | 267 | | 41 authority to partially satisfy East Chicago's funding obligation to |
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268 | 268 | | 42 the authority under IC 36-7.5-4-2. |
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269 | 269 | | 2024 IN 1161—LS 6491/DI 125 7 |
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270 | 270 | | 1 (2) The lesser of: |
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271 | 271 | | 2 (A) two hundred eighteen thousand seven hundred fifty dollars |
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272 | 272 | | 3 ($218,750); or |
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273 | 273 | | 4 (B) thirty-three and one-third percent (33 1/3%) of the |
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274 | 274 | | 5 admissions tax and supplemental wagering tax collected by the |
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275 | 275 | | 6 licensed owner during the preceding calendar quarter; |
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276 | 276 | | 7 to the fiscal officer of the northwest Indiana regional development |
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277 | 277 | | 8 authority to partially satisfy Lake County's funding obligation to |
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278 | 278 | | 9 the authority under IC 36-7.5-4-2. |
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279 | 279 | | 10 (3) Except as provided in section 9(k) of this chapter, the |
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280 | 280 | | 11 remainder, if any, of: |
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281 | 281 | | 12 (A) thirty-three and one-third percent (33 1/3%) of the |
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282 | 282 | | 13 admissions tax and supplemental wagering tax collected by the |
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283 | 283 | | 14 licensed owner during the preceding calendar quarter; minus |
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284 | 284 | | 15 (B) the amount distributed to the northwest Indiana regional |
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285 | 285 | | 16 development authority under subdivision (1) for the calendar |
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286 | 286 | | 17 quarter; |
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287 | 287 | | 18 must be paid to the city of East Chicago. |
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288 | 288 | | 19 (4) Except as provided in section 9(k) of this chapter, the |
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289 | 289 | | 20 remainder, if any, of: |
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290 | 290 | | 21 (A) thirty-three and one-third percent (33 1/3%) of the |
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291 | 291 | | 22 admissions tax and supplemental wagering tax collected by the |
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292 | 292 | | 23 licensed owner during the preceding calendar quarter; minus |
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293 | 293 | | 24 (B) the amount distributed to the northwest Indiana regional |
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294 | 294 | | 25 development authority under subdivision (2) for the calendar |
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295 | 295 | | 26 quarter; |
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296 | 296 | | 27 must be paid to Lake County. |
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297 | 297 | | 28 (5) Except as provided in section 9(k) of this chapter, three |
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298 | 298 | | 29 percent (3%) of the admissions tax and supplemental wagering |
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299 | 299 | | 30 tax collected by the licensed owner during the preceding calendar |
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300 | 300 | | 31 quarter must be paid to the county convention and visitors bureau |
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301 | 301 | | 32 for Lake County. |
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302 | 302 | | 33 (6) Except as provided in section 9(k) of this chapter, three |
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303 | 303 | | 34 hundred thirty-three thousandths percent (.333%) of the |
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304 | 304 | | 35 admissions tax and supplemental wagering tax collected by the |
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305 | 305 | | 36 licensed owner during the preceding calendar quarter must be |
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306 | 306 | | 37 paid to the northwest Indiana law enforcement training center. |
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307 | 307 | | 38 (7) Except as provided in section 9(k) of this chapter, five percent |
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308 | 308 | | 39 (5%) of the admissions tax and supplemental wagering tax |
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309 | 309 | | 40 collected by the licensed owner during the preceding calendar |
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310 | 310 | | 41 quarter must be paid to the state fair commission for use in any |
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311 | 311 | | 42 activity that the commission is authorized to carry out under |
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312 | 312 | | 2024 IN 1161—LS 6491/DI 125 8 |
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313 | 313 | | 1 IC 15-13-3. |
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314 | 314 | | 2 (8) Except as provided in section 9(k) of this chapter, three and |
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315 | 315 | | 3 thirty-three hundredths percent (3.33%) of the admissions tax and |
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316 | 316 | | 4 supplemental wagering tax collected by the licensed owner during |
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317 | 317 | | 5 the preceding calendar quarter must be paid to the division of |
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318 | 318 | | 6 mental health and addiction. |
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319 | 319 | | 7 (9) Twenty-one and six hundred sixty-seven thousandths percent |
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320 | 320 | | 8 (21.667%) of the admissions tax and supplemental wagering tax |
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321 | 321 | | 9 collected by the licensed owner during the preceding calendar |
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322 | 322 | | 10 quarter must be paid to the state general fund. |
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323 | 323 | | 11 (c) Except as provided by IC 6-3.1-20-7, the treasurer of state shall |
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324 | 324 | | 12 quarterly pay the following amounts from the taxes collected during the |
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325 | 325 | | 13 preceding calendar quarter from each riverboat operating in Gary: |
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326 | 326 | | 14 (1) The lesser of: |
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327 | 327 | | 15 (A) four hundred thirty-seven thousand five hundred dollars |
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328 | 328 | | 16 ($437,500); or |
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329 | 329 | | 17 (B) thirty-three and one-third percent (33 1/3%) of the |
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330 | 330 | | 18 admissions tax and supplemental wagering tax collected by the |
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331 | 331 | | 19 licensed owner during the preceding calendar quarter; |
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332 | 332 | | 20 to the fiscal officer of the northwest Indiana regional development |
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333 | 333 | | 21 authority to partially satisfy Gary's funding obligation to the |
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334 | 334 | | 22 authority under IC 36-7.5-4-2. |
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335 | 335 | | 23 (2) The lesser of: |
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336 | 336 | | 24 (A) two hundred eighteen thousand seven hundred fifty dollars |
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337 | 337 | | 25 ($218,750); or |
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338 | 338 | | 26 (B) thirty-three and one-third percent (33 1/3%) of the |
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339 | 339 | | 27 admissions tax and supplemental wagering tax collected by the |
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340 | 340 | | 28 licensed owner during the preceding calendar quarter; |
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341 | 341 | | 29 to the fiscal officer of the northwest Indiana regional development |
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342 | 342 | | 30 authority to partially satisfy Lake County's funding obligation to |
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343 | 343 | | 31 the authority under IC 36-7.5-4-2. |
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344 | 344 | | 32 (3) Except as provided in section 9(k) of this chapter, the |
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345 | 345 | | 33 remainder, if any, of: |
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346 | 346 | | 34 (A) thirty-three and one-third percent (33 1/3%) of the |
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347 | 347 | | 35 admissions tax and supplemental wagering tax collected by the |
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348 | 348 | | 36 licensed owner of a riverboat operating in Gary during the |
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349 | 349 | | 37 preceding calendar quarter; minus |
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350 | 350 | | 38 (B) the amount distributed to the northwest Indiana regional |
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351 | 351 | | 39 development authority under subdivision (1) for the calendar |
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352 | 352 | | 40 quarter; |
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353 | 353 | | 41 must be paid to the city of Gary. |
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354 | 354 | | 42 (4) Except as provided in section 9(k) of this chapter, the |
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355 | 355 | | 2024 IN 1161—LS 6491/DI 125 9 |
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356 | 356 | | 1 remainder, if any, of: |
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357 | 357 | | 2 (A) thirty-three and one-third percent (33 1/3%) of the |
---|
358 | 358 | | 3 admissions tax and supplemental wagering tax collected by the |
---|
359 | 359 | | 4 licensed owner of a riverboat operating in Gary during the |
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360 | 360 | | 5 preceding calendar quarter; minus |
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361 | 361 | | 6 (B) the amount distributed to the northwest Indiana regional |
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362 | 362 | | 7 development authority under subdivision (2) for the calendar |
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363 | 363 | | 8 quarter; |
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364 | 364 | | 9 must be paid to Lake County. |
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365 | 365 | | 10 (5) Except as provided in section 9(k) of this chapter, three |
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366 | 366 | | 11 percent (3%) of the admissions tax and supplemental wagering |
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367 | 367 | | 12 tax collected by the licensed owner of a riverboat operating in |
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368 | 368 | | 13 Gary during the preceding calendar quarter must be paid to the |
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369 | 369 | | 14 county convention and visitors bureau for Lake County. |
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370 | 370 | | 15 (6) Except as provided in section 9(k) of this chapter, three |
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371 | 371 | | 16 hundred thirty-three thousandths percent (.333%) of the |
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372 | 372 | | 17 admissions tax and supplemental wagering tax collected by the |
---|
373 | 373 | | 18 licensed owner of a riverboat operating in Gary during the |
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374 | 374 | | 19 preceding calendar quarter must be paid to the northwest Indiana |
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375 | 375 | | 20 law enforcement training center. |
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376 | 376 | | 21 (7) Except as provided in section 9(k) of this chapter, five percent |
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377 | 377 | | 22 (5%) of the admissions tax and supplemental wagering tax |
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378 | 378 | | 23 collected by the licensed owner of a riverboat operating in Gary |
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379 | 379 | | 24 during the preceding calendar quarter must be paid to the state |
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380 | 380 | | 25 fair commission for use in any activity that the commission is |
---|
381 | 381 | | 26 authorized to carry out under IC 15-13-3. |
---|
382 | 382 | | 27 (8) Except as provided in section 9(k) of this chapter, three and |
---|
383 | 383 | | 28 thirty-three hundredths percent (3.33%) of the admissions tax and |
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384 | 384 | | 29 supplemental wagering tax collected by the licensed owner of a |
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385 | 385 | | 30 riverboat operating in Gary during the preceding calendar quarter |
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386 | 386 | | 31 must be paid to the division of mental health and addiction. |
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387 | 387 | | 32 (9) Twenty-one and six hundred sixty-seven thousandths percent |
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388 | 388 | | 33 (21.667%) of the admissions tax and supplemental wagering tax |
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389 | 389 | | 34 collected by the licensed owner of a riverboat operating in Gary |
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390 | 390 | | 35 during the preceding calendar quarter must be paid to the state |
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391 | 391 | | 36 general fund. |
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392 | 392 | | 37 (d) Except as provided by IC 6-3.1-20-7, the treasurer of state shall |
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393 | 393 | | 38 quarterly pay the following amounts from the taxes collected during the |
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394 | 394 | | 39 preceding calendar quarter from the riverboat operating in Hammond: |
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395 | 395 | | 40 (1) The lesser of: |
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396 | 396 | | 41 (A) eight hundred seventy-five thousand dollars ($875,000); |
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397 | 397 | | 42 or |
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398 | 398 | | 2024 IN 1161—LS 6491/DI 125 10 |
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399 | 399 | | 1 (B) thirty-three and one-third percent (33 1/3%) of the |
---|
400 | 400 | | 2 admissions tax and supplemental wagering tax collected by the |
---|
401 | 401 | | 3 licensed owner of a riverboat operating in Hammond during |
---|
402 | 402 | | 4 the preceding calendar quarter; |
---|
403 | 403 | | 5 to the fiscal officer of the northwest Indiana regional development |
---|
404 | 404 | | 6 authority to partially satisfy Hammond's funding obligation to the |
---|
405 | 405 | | 7 authority under IC 36-7.5-4-2. |
---|
406 | 406 | | 8 (2) The lesser of: |
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407 | 407 | | 9 (A) two hundred eighteen thousand seven hundred fifty dollars |
---|
408 | 408 | | 10 ($218,750); or |
---|
409 | 409 | | 11 (B) thirty-three and one-third percent (33 1/3%) of the |
---|
410 | 410 | | 12 admissions tax and supplemental wagering tax collected by the |
---|
411 | 411 | | 13 licensed owner during the preceding calendar quarter; |
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412 | 412 | | 14 to the fiscal officer of the northwest Indiana regional development |
---|
413 | 413 | | 15 authority to partially satisfy Lake County's funding obligation to |
---|
414 | 414 | | 16 the authority under IC 36-7.5-4-2. |
---|
415 | 415 | | 17 (3) Except as provided in section 9(k) of this chapter, the |
---|
416 | 416 | | 18 remainder, if any, of: |
---|
417 | 417 | | 19 (A) thirty-three and one-third percent (33 1/3%) of the |
---|
418 | 418 | | 20 admissions tax and supplemental wagering tax collected by the |
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419 | 419 | | 21 licensed owner of the riverboat during the preceding calendar |
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420 | 420 | | 22 quarter; minus |
---|
421 | 421 | | 23 (B) the amount distributed to the northwest Indiana regional |
---|
422 | 422 | | 24 development authority under subdivision (1) for the calendar |
---|
423 | 423 | | 25 quarter; |
---|
424 | 424 | | 26 must be paid to the city of Hammond. |
---|
425 | 425 | | 27 (4) Except as provided in section 9(k) of this chapter, the |
---|
426 | 426 | | 28 remainder, if any, of: |
---|
427 | 427 | | 29 (A) thirty-three and one-third percent (33 1/3%) of the |
---|
428 | 428 | | 30 admissions tax and supplemental wagering tax collected by the |
---|
429 | 429 | | 31 licensed owner of the riverboat during the preceding calendar |
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430 | 430 | | 32 quarter; minus |
---|
431 | 431 | | 33 (B) the amount distributed to the northwest Indiana regional |
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432 | 432 | | 34 development authority under subdivision (2) for the calendar |
---|
433 | 433 | | 35 quarter; |
---|
434 | 434 | | 36 must be paid to Lake County. |
---|
435 | 435 | | 37 (5) Except as provided in section 9(k) of this chapter, three |
---|
436 | 436 | | 38 percent (3%) of the admissions tax and supplemental wagering |
---|
437 | 437 | | 39 tax collected by the licensed owner of the riverboat during the |
---|
438 | 438 | | 40 preceding calendar quarter must be paid to the county convention |
---|
439 | 439 | | 41 and visitors bureau for Lake County. |
---|
440 | 440 | | 42 (6) Except as provided in section 9(k) of this chapter, three |
---|
441 | 441 | | 2024 IN 1161—LS 6491/DI 125 11 |
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442 | 442 | | 1 hundred thirty-three thousandths percent (.333%) of the |
---|
443 | 443 | | 2 admissions tax and supplemental wagering tax collected by the |
---|
444 | 444 | | 3 licensed owner of a riverboat during the preceding calendar |
---|
445 | 445 | | 4 quarter must be paid to the northwest Indiana law enforcement |
---|
446 | 446 | | 5 training center. |
---|
447 | 447 | | 6 (7) Except as provided in section 9(k) of this chapter, five percent |
---|
448 | 448 | | 7 (5%) of the admissions tax and supplemental wagering tax |
---|
449 | 449 | | 8 collected by the licensed owner of the riverboat during the |
---|
450 | 450 | | 9 preceding calendar quarter must be paid to the state fair |
---|
451 | 451 | | 10 commission for use in any activity that the commission is |
---|
452 | 452 | | 11 authorized to carry out under IC 15-13-3. |
---|
453 | 453 | | 12 (8) Except as provided in section 9(k) of this chapter, three and |
---|
454 | 454 | | 13 thirty-three hundredths percent (3.33%) of the admissions tax and |
---|
455 | 455 | | 14 supplemental wagering tax collected by the licensed owner for |
---|
456 | 456 | | 15 each person admitted to the riverboat during the preceding |
---|
457 | 457 | | 16 calendar quarter must be paid to the division of mental health and |
---|
458 | 458 | | 17 addiction. |
---|
459 | 459 | | 18 (9) Twenty-one and six hundred sixty-seven thousandths percent |
---|
460 | 460 | | 19 (21.667%) of the admissions tax and supplemental wagering tax |
---|
461 | 461 | | 20 collected by the licensed owner of the riverboat during the |
---|
462 | 462 | | 21 preceding calendar quarter must be paid to the state general fund. |
---|
463 | 463 | | 22 SECTION 10. IC 4-33-12-8.5, AS ADDED BY P.L.293-2019, |
---|
464 | 464 | | 23 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
465 | 465 | | 24 JULY 1, 2024]: Sec. 8.5. (a) This section applies only to tax revenue |
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466 | 466 | | 25 collected before July 1, 2024, from an inland casino located in Vigo |
---|
467 | 467 | | 26 County. |
---|
468 | 468 | | 27 (b) The treasurer of state shall pay the following amounts from taxes |
---|
469 | 469 | | 28 collected during the preceding calendar quarter from the inland casino |
---|
470 | 470 | | 29 located in Vigo County: |
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471 | 471 | | 30 (1) Forty percent (40%) to the city of Terre Haute. |
---|
472 | 472 | | 31 (2) Thirty percent (30%) to Vigo County. |
---|
473 | 473 | | 32 (3) Fifteen percent (15%) to the Vigo County school corporation. |
---|
474 | 474 | | 33 (4) Fifteen percent (15%) to West Central 2025. |
---|
475 | 475 | | 34 (c) This subsection applies to a city or county receiving money |
---|
476 | 476 | | 35 under subsection (b). Money paid to a city or county under subsection |
---|
477 | 477 | | 36 (b): |
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478 | 478 | | 37 (1) must be paid to the fiscal officer of the unit and may be |
---|
479 | 479 | | 38 deposited in the unit's general fund or a riverboat fund established |
---|
480 | 480 | | 39 by the city or county under IC 36-1-8-9, or both; |
---|
481 | 481 | | 40 (2) may not be used to reduce the unit's maximum levy under |
---|
482 | 482 | | 41 IC 6-1.1-18.5 but may be used at the discretion of the unit to |
---|
483 | 483 | | 42 reduce the property tax levy of the unit for a particular year; |
---|
484 | 484 | | 2024 IN 1161—LS 6491/DI 125 12 |
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485 | 485 | | 1 (3) may be used for any legal or corporate purpose of the unit, |
---|
486 | 486 | | 2 including the pledge of money to bonds, leases, or other |
---|
487 | 487 | | 3 obligations under IC 5-1-14-4; and |
---|
488 | 488 | | 4 (4) is considered miscellaneous revenue. |
---|
489 | 489 | | 5 (d) Money paid to a school corporation under subsection (b)(3): |
---|
490 | 490 | | 6 (1) may be used for any legal or corporate purpose of the school |
---|
491 | 491 | | 7 corporation, including the pledge of money to bonds, leases, or |
---|
492 | 492 | | 8 other obligations under IC 5-1-14-4; and |
---|
493 | 493 | | 9 (2) is considered miscellaneous revenue. |
---|
494 | 494 | | 10 (e) Money paid to West Central 2025 under subsection (b)(4) must |
---|
495 | 495 | | 11 be used for the development and implementation of a regional |
---|
496 | 496 | | 12 economic development strategy that: |
---|
497 | 497 | | 13 (1) assists the residents of Vigo County and the other participating |
---|
498 | 498 | | 14 counties in West Central 2025 in improving the quality of life in |
---|
499 | 499 | | 15 the region; and |
---|
500 | 500 | | 16 (2) promotes successful and sustainable communities. |
---|
501 | 501 | | 17 (f) The fiscal officer of West Central 2025 shall annually submit a |
---|
502 | 502 | | 18 report to the Indiana economic development corporation concerning the |
---|
503 | 503 | | 19 organization's use of the money received under subsection (b)(4) and |
---|
504 | 504 | | 20 the development and implementation of the regional economic |
---|
505 | 505 | | 21 development strategy required by subsection (e). |
---|
506 | 506 | | 22 SECTION 11. IC 4-33-12.5-6, AS AMENDED BY P.L.204-2016, |
---|
507 | 507 | | 23 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
508 | 508 | | 24 JULY 1, 2024]: Sec. 6. (a) Lake County shall distribute twenty-five |
---|
509 | 509 | | 25 percent (25%) of: |
---|
510 | 510 | | 26 (1) before July 1, 2024, the: |
---|
511 | 511 | | 27 (1) (A) admissions tax revenue received by the county under |
---|
512 | 512 | | 28 IC 4-33-12-8; and |
---|
513 | 513 | | 29 (2) (B) supplemental distributions received under |
---|
514 | 514 | | 30 IC 4-33-13-5; and |
---|
515 | 515 | | 31 (2) after June 30, 2024, the distributions received by the |
---|
516 | 516 | | 32 county under IC 4-40; |
---|
517 | 517 | | 33 to the eligible municipalities. |
---|
518 | 518 | | 34 (b) The amount that shall be distributed by the county to each |
---|
519 | 519 | | 35 eligible municipality under subsection (a) is based on the eligible |
---|
520 | 520 | | 36 municipality's proportionate share of the total population of all eligible |
---|
521 | 521 | | 37 municipalities. The most current certified census information available |
---|
522 | 522 | | 38 shall be used to determine an eligible municipality's proportionate |
---|
523 | 523 | | 39 share under this subsection. The determination of proportionate shares |
---|
524 | 524 | | 40 under this subsection shall be modified under the following conditions: |
---|
525 | 525 | | 41 (1) The certification from any decennial census completed by the |
---|
526 | 526 | | 42 United States Bureau of the Census. |
---|
527 | 527 | | 2024 IN 1161—LS 6491/DI 125 13 |
---|
528 | 528 | | 1 (2) Submission by one (1) or more eligible municipalities of a |
---|
529 | 529 | | 2 certified special census commissioned by an eligible municipality |
---|
530 | 530 | | 3 and performed by the United States Bureau of the Census. |
---|
531 | 531 | | 4 (c) If proportionate shares are modified under subsection (b), |
---|
532 | 532 | | 5 distribution to eligible municipalities shall change with the: |
---|
533 | 533 | | 6 (1) payments beginning April 1 of the year following the |
---|
534 | 534 | | 7 certification of a special census under subsection (b)(2); and |
---|
535 | 535 | | 8 (2) the next quarterly payment following the certification of a |
---|
536 | 536 | | 9 decennial census under subsection (b)(1). |
---|
537 | 537 | | 10 SECTION 12. IC 4-33-13-3, AS AMENDED BY P.L.195-2023, |
---|
538 | 538 | | 11 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
539 | 539 | | 12 JULY 1, 2024]: Sec. 3. (a) Except as provided in section 2.5 of this |
---|
540 | 540 | | 13 chapter, the department shall deposit tax revenue collected under this |
---|
541 | 541 | | 14 chapter before July 1, 2024, in the state gaming fund. |
---|
542 | 542 | | 15 (b) Except as provided in section 2.5 of this chapter, the |
---|
543 | 543 | | 16 department shall deposit tax revenue collected under this chapter |
---|
544 | 544 | | 17 after June 30, 2024: |
---|
545 | 545 | | 18 (1) in the case of tax revenue remitted by an operating agent |
---|
546 | 546 | | 19 operating a riverboat in a historic hotel district, in the state |
---|
547 | 547 | | 20 gaming fund; and |
---|
548 | 548 | | 21 (2) in the case of tax revenue remitted by a licensed owner, in |
---|
549 | 549 | | 22 the gaming revenue fund established by IC 4-40-3-1. |
---|
550 | 550 | | 23 SECTION 13. IC 4-33-13-5, AS AMENDED BY THE |
---|
551 | 551 | | 24 TECHNICAL CORRECTIONS BILL OF THE 2024 GENERAL |
---|
552 | 552 | | 25 ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
553 | 553 | | 26 JULY 1, 2024]: Sec. 5. (a) This subsection does not apply to tax |
---|
554 | 554 | | 27 revenue remitted by a licensed owner after June 30, 2024, or by an |
---|
555 | 555 | | 28 operating agent operating a riverboat in a historic hotel district. |
---|
556 | 556 | | 29 Excluding funds that are appropriated in the biennial budget act from |
---|
557 | 557 | | 30 the state gaming fund to the commission for purposes of administering |
---|
558 | 558 | | 31 this article, each month the auditor of state comptroller shall distribute |
---|
559 | 559 | | 32 the tax revenue deposited in the state gaming fund under this chapter |
---|
560 | 560 | | 33 to the following: |
---|
561 | 561 | | 34 (1) An amount equal to the following shall be set aside for |
---|
562 | 562 | | 35 revenue sharing under subsection (d): |
---|
563 | 563 | | 36 (A) Before July 1, 2021, the first thirty-three million dollars |
---|
564 | 564 | | 37 ($33,000,000) of tax revenues collected under this chapter |
---|
565 | 565 | | 38 shall be set aside for revenue sharing under subsection (d). |
---|
566 | 566 | | 39 (B) After June 30, 2021, if the total adjusted gross receipts |
---|
567 | 567 | | 40 received by licensees from gambling games authorized under |
---|
568 | 568 | | 41 this article during the preceding state fiscal year is equal to or |
---|
569 | 569 | | 42 greater than the total adjusted gross receipts received by |
---|
570 | 570 | | 2024 IN 1161—LS 6491/DI 125 14 |
---|
571 | 571 | | 1 licensees from gambling games authorized under this article |
---|
572 | 572 | | 2 during the state fiscal year ending June 30, 2020, the first |
---|
573 | 573 | | 3 thirty-three million dollars ($33,000,000) of tax revenues |
---|
574 | 574 | | 4 collected under this chapter shall be set aside for revenue |
---|
575 | 575 | | 5 sharing under subsection (d). |
---|
576 | 576 | | 6 (C) After June 30, 2021, if the total adjusted gross receipts |
---|
577 | 577 | | 7 received by licensees from gambling games authorized under |
---|
578 | 578 | | 8 this article during the preceding state fiscal year is less than |
---|
579 | 579 | | 9 the total adjusted gross receipts received by licensees from |
---|
580 | 580 | | 10 gambling games authorized under this article during the state |
---|
581 | 581 | | 11 year ending June 30, 2020, an amount equal to the first |
---|
582 | 582 | | 12 thirty-three million dollars ($33,000,000) of tax revenues |
---|
583 | 583 | | 13 collected under this chapter multiplied by the result of: |
---|
584 | 584 | | 14 (i) the total adjusted gross receipts received by licensees |
---|
585 | 585 | | 15 from gambling games authorized under this article during |
---|
586 | 586 | | 16 the preceding state fiscal year; divided by |
---|
587 | 587 | | 17 (ii) the total adjusted gross receipts received by licensees |
---|
588 | 588 | | 18 from gambling games authorized under this article during |
---|
589 | 589 | | 19 the state fiscal year ending June 30, 2020; |
---|
590 | 590 | | 20 shall be set aside for revenue sharing under subsection (d). |
---|
591 | 591 | | 21 (2) Subject to subsection (c), twenty-five percent (25%) of the |
---|
592 | 592 | | 22 remaining tax revenue remitted by each licensed owner shall be |
---|
593 | 593 | | 23 paid: |
---|
594 | 594 | | 24 (A) to the city in which the riverboat is located or that is |
---|
595 | 595 | | 25 designated as the home dock of the riverboat from which the |
---|
596 | 596 | | 26 tax revenue was collected, in the case of: |
---|
597 | 597 | | 27 (i) a city described in IC 4-33-12-6(b)(1)(A); |
---|
598 | 598 | | 28 (ii) a city located in Lake County; or |
---|
599 | 599 | | 29 (iii) Terre Haute; or |
---|
600 | 600 | | 30 (B) to the county that is designated as the home dock of the |
---|
601 | 601 | | 31 riverboat from which the tax revenue was collected, in the case |
---|
602 | 602 | | 32 of a riverboat that is not located in a city described in clause |
---|
603 | 603 | | 33 (A) or whose home dock is not in a city described in clause |
---|
604 | 604 | | 34 (A). |
---|
605 | 605 | | 35 (3) The remainder of the tax revenue remitted by each licensed |
---|
606 | 606 | | 36 owner shall be paid to the state general fund. In each state fiscal |
---|
607 | 607 | | 37 year, the auditor of state comptroller shall make the transfer |
---|
608 | 608 | | 38 required by this subdivision on or before the fifteenth day of the |
---|
609 | 609 | | 39 month based on revenue received during the preceding month for |
---|
610 | 610 | | 40 deposit in the state gaming fund. Specifically, the auditor of state |
---|
611 | 611 | | 41 comptroller may transfer the tax revenue received by the state in |
---|
612 | 612 | | 42 a month to the state general fund in the immediately following |
---|
613 | 613 | | 2024 IN 1161—LS 6491/DI 125 15 |
---|
614 | 614 | | 1 month according to this subdivision. |
---|
615 | 615 | | 2 (b) This subsection applies only to tax revenue remitted by an |
---|
616 | 616 | | 3 operating agent operating a riverboat in a historic hotel district after |
---|
617 | 617 | | 4 June 30, 2019. Excluding funds that are appropriated in the biennial |
---|
618 | 618 | | 5 budget act from the state gaming fund to the commission for purposes |
---|
619 | 619 | | 6 of administering this article, each month the auditor of state |
---|
620 | 620 | | 7 comptroller shall distribute the tax revenue remitted by the operating |
---|
621 | 621 | | 8 agent under this chapter as follows: |
---|
622 | 622 | | 9 (1) For state fiscal years beginning after June 30, 2019, but |
---|
623 | 623 | | 10 ending before July 1, 2021, fifty-six and five-tenths percent |
---|
624 | 624 | | 11 (56.5%) shall be paid to the state general fund. |
---|
625 | 625 | | 12 (2) For state fiscal years beginning after June 30, 2021, fifty-six |
---|
626 | 626 | | 13 and five-tenths percent (56.5%) shall be paid as follows: |
---|
627 | 627 | | 14 (A) Sixty-six and four-tenths percent (66.4%) shall be paid to |
---|
628 | 628 | | 15 the state general fund. |
---|
629 | 629 | | 16 (B) Thirty-three and six-tenths percent (33.6%) shall be paid |
---|
630 | 630 | | 17 to the West Baden Springs historic hotel preservation and |
---|
631 | 631 | | 18 maintenance fund established by IC 36-7-11.5-11(b). |
---|
632 | 632 | | 19 However, if: |
---|
633 | 633 | | 20 (i) at any time the balance in that fund exceeds twenty-five |
---|
634 | 634 | | 21 million dollars ($25,000,000); or |
---|
635 | 635 | | 22 (ii) in any part of a state fiscal year in which the operating |
---|
636 | 636 | | 23 agent has received at least one hundred million dollars |
---|
637 | 637 | | 24 ($100,000,000) of adjusted gross receipts; |
---|
638 | 638 | | 25 the amount described in this clause shall be paid to the state |
---|
639 | 639 | | 26 general fund for the remainder of the state fiscal year. |
---|
640 | 640 | | 27 (3) Forty-three and five-tenths percent (43.5%) shall be paid as |
---|
641 | 641 | | 28 follows: |
---|
642 | 642 | | 29 (A) Twenty-two and four-tenths percent (22.4%) shall be paid |
---|
643 | 643 | | 30 as follows: |
---|
644 | 644 | | 31 (i) Fifty percent (50%) to the fiscal officer of the town of |
---|
645 | 645 | | 32 French Lick. |
---|
646 | 646 | | 33 (ii) Fifty percent (50%) to the fiscal officer of the town of |
---|
647 | 647 | | 34 West Baden Springs. |
---|
648 | 648 | | 35 (B) Fourteen and eight-tenths percent (14.8%) shall be paid to |
---|
649 | 649 | | 36 the county treasurer of Orange County for distribution among |
---|
650 | 650 | | 37 the school corporations in the county. The governing bodies |
---|
651 | 651 | | 38 for the school corporations in the county shall provide a |
---|
652 | 652 | | 39 formula for the distribution of the money received under this |
---|
653 | 653 | | 40 clause among the school corporations by joint resolution |
---|
654 | 654 | | 41 adopted by the governing body of each of the school |
---|
655 | 655 | | 42 corporations in the county. Money received by a school |
---|
656 | 656 | | 2024 IN 1161—LS 6491/DI 125 16 |
---|
657 | 657 | | 1 corporation under this clause must be used to improve the |
---|
658 | 658 | | 2 educational attainment of students enrolled in the school |
---|
659 | 659 | | 3 corporation receiving the money. Not later than the first |
---|
660 | 660 | | 4 regular meeting in the school year of a governing body of a |
---|
661 | 661 | | 5 school corporation receiving a distribution under this clause, |
---|
662 | 662 | | 6 the superintendent of the school corporation shall submit to |
---|
663 | 663 | | 7 the governing body a report describing the purposes for which |
---|
664 | 664 | | 8 the receipts under this clause were used and the improvements |
---|
665 | 665 | | 9 in educational attainment realized through the use of the |
---|
666 | 666 | | 10 money. The report is a public record. |
---|
667 | 667 | | 11 (C) Thirteen and one-tenth percent (13.1%) shall be paid to the |
---|
668 | 668 | | 12 county treasurer of Orange County. |
---|
669 | 669 | | 13 (D) Five and three-tenths percent (5.3%) shall be distributed |
---|
670 | 670 | | 14 quarterly to the county treasurer of Dubois County for |
---|
671 | 671 | | 15 appropriation by the county fiscal body after receiving a |
---|
672 | 672 | | 16 recommendation from the county executive. The county fiscal |
---|
673 | 673 | | 17 body for the receiving county shall provide for the distribution |
---|
674 | 674 | | 18 of the money received under this clause to one (1) or more |
---|
675 | 675 | | 19 taxing units (as defined in IC 6-1.1-1-21) in the county under |
---|
676 | 676 | | 20 a formula established by the county fiscal body after receiving |
---|
677 | 677 | | 21 a recommendation from the county executive. |
---|
678 | 678 | | 22 (E) Five and three-tenths percent (5.3%) shall be distributed |
---|
679 | 679 | | 23 quarterly to the county treasurer of Crawford County for |
---|
680 | 680 | | 24 appropriation by the county fiscal body after receiving a |
---|
681 | 681 | | 25 recommendation from the county executive. The county fiscal |
---|
682 | 682 | | 26 body for the receiving county shall provide for the distribution |
---|
683 | 683 | | 27 of the money received under this clause to one (1) or more |
---|
684 | 684 | | 28 taxing units (as defined in IC 6-1.1-1-21) in the county under |
---|
685 | 685 | | 29 a formula established by the county fiscal body after receiving |
---|
686 | 686 | | 30 a recommendation from the county executive. |
---|
687 | 687 | | 31 (F) Six and thirty-five hundredths percent (6.35%) shall be |
---|
688 | 688 | | 32 paid to the fiscal officer of the town of Paoli. |
---|
689 | 689 | | 33 (G) Six and thirty-five hundredths percent (6.35%) shall be |
---|
690 | 690 | | 34 paid to the fiscal officer of the town of Orleans. |
---|
691 | 691 | | 35 (H) Twenty-six and four-tenths percent (26.4%) shall be paid |
---|
692 | 692 | | 36 to the Indiana economic development corporation established |
---|
693 | 693 | | 37 by IC 5-28-3-1 for transfer as follows: |
---|
694 | 694 | | 38 (i) Beginning after December 31, 2017, ten percent (10%) |
---|
695 | 695 | | 39 of the amount transferred under this clause in each calendar |
---|
696 | 696 | | 40 year shall be transferred to the South Central Indiana |
---|
697 | 697 | | 41 Regional Economic Development Corporation or a |
---|
698 | 698 | | 42 successor entity or partnership for economic development |
---|
699 | 699 | | 2024 IN 1161—LS 6491/DI 125 17 |
---|
700 | 700 | | 1 for the purpose of recruiting new business to Orange County |
---|
701 | 701 | | 2 as well as promoting the retention and expansion of existing |
---|
702 | 702 | | 3 businesses in Orange County. |
---|
703 | 703 | | 4 (ii) The remainder of the amount transferred under this |
---|
704 | 704 | | 5 clause in each calendar year shall be transferred to Radius |
---|
705 | 705 | | 6 Indiana or a successor regional entity or partnership for the |
---|
706 | 706 | | 7 development and implementation of a regional economic |
---|
707 | 707 | | 8 development strategy to assist the residents of Orange |
---|
708 | 708 | | 9 County and the counties contiguous to Orange County in |
---|
709 | 709 | | 10 improving their quality of life and to help promote |
---|
710 | 710 | | 11 successful and sustainable communities. |
---|
711 | 711 | | 12 To the extent possible, the Indiana economic development |
---|
712 | 712 | | 13 corporation shall provide for the transfer under item (i) to be |
---|
713 | 713 | | 14 made in four (4) equal installments. However, an amount |
---|
714 | 714 | | 15 sufficient to meet current obligations to retire or refinance |
---|
715 | 715 | | 16 indebtedness or leases for which tax revenues under this |
---|
716 | 716 | | 17 section were pledged before January 1, 2015, by the Orange |
---|
717 | 717 | | 18 County development commission shall be paid to the Orange |
---|
718 | 718 | | 19 County development commission before making distributions |
---|
719 | 719 | | 20 to the South Central Indiana Regional Economic Development |
---|
720 | 720 | | 21 Corporation and Radius Indiana or their successor entities or |
---|
721 | 721 | | 22 partnerships. The amount paid to the Orange County |
---|
722 | 722 | | 23 development commission shall proportionally reduce the |
---|
723 | 723 | | 24 amount payable to the South Central Indiana Regional |
---|
724 | 724 | | 25 Economic Development Corporation and Radius Indiana or |
---|
725 | 725 | | 26 their successor entities or partnerships. |
---|
726 | 726 | | 27 (c) This subsection does not apply to tax revenue remitted by an |
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727 | 727 | | 28 inland casino operating in Vigo County. For each city and county |
---|
728 | 728 | | 29 receiving money under subsection (a)(2), the auditor of state |
---|
729 | 729 | | 30 comptroller shall determine the total amount of money paid by the |
---|
730 | 730 | | 31 auditor of state comptroller to the city or county during the state fiscal |
---|
731 | 731 | | 32 year 2002. The amount determined is the base year revenue for the city |
---|
732 | 732 | | 33 or county. The auditor of state comptroller shall certify the base year |
---|
733 | 733 | | 34 revenue determined under this subsection to the city or county. The |
---|
734 | 734 | | 35 total amount of money distributed to a city or county under this section |
---|
735 | 735 | | 36 during a state fiscal year may not exceed the entity's base year revenue. |
---|
736 | 736 | | 37 For each state fiscal year, the auditor of state comptroller shall pay |
---|
737 | 737 | | 38 that part of the riverboat wagering taxes that: |
---|
738 | 738 | | 39 (1) exceeds a particular city's or county's base year revenue; and |
---|
739 | 739 | | 40 (2) would otherwise be due to the city or county under this |
---|
740 | 740 | | 41 section; |
---|
741 | 741 | | 42 to the state general fund instead of to the city or county. |
---|
742 | 742 | | 2024 IN 1161—LS 6491/DI 125 18 |
---|
743 | 743 | | 1 (d) Except as provided in subsections (k) and (l), before August 15 |
---|
744 | 744 | | 2 of each year, the auditor of state comptroller shall distribute the |
---|
745 | 745 | | 3 wagering taxes set aside for revenue sharing under subsection (a)(1) to |
---|
746 | 746 | | 4 the county treasurer of each county that does not have a riverboat |
---|
747 | 747 | | 5 according to the ratio that the county's population bears to the total |
---|
748 | 748 | | 6 population of the counties that do not have a riverboat. Except as |
---|
749 | 749 | | 7 provided in subsection (g), the county auditor shall distribute the |
---|
750 | 750 | | 8 money received by the county under this subsection as follows: |
---|
751 | 751 | | 9 (1) To each city located in the county according to the ratio the |
---|
752 | 752 | | 10 city's population bears to the total population of the county. |
---|
753 | 753 | | 11 (2) To each town located in the county according to the ratio the |
---|
754 | 754 | | 12 town's population bears to the total population of the county. |
---|
755 | 755 | | 13 (3) After the distributions required in subdivisions (1) and (2) are |
---|
756 | 756 | | 14 made, the remainder shall be retained by the county. |
---|
757 | 757 | | 15 (e) Money received by a city, town, or county under subsection (d) |
---|
758 | 758 | | 16 or (g) may be used for any of the following purposes: |
---|
759 | 759 | | 17 (1) To reduce the property tax levy of the city, town, or county for |
---|
760 | 760 | | 18 a particular year (a property tax reduction under this subdivision |
---|
761 | 761 | | 19 does not reduce the maximum levy of the city, town, or county |
---|
762 | 762 | | 20 under IC 6-1.1-18.5). |
---|
763 | 763 | | 21 (2) For deposit in a special fund or allocation fund created under |
---|
764 | 764 | | 22 IC 8-22-3.5, IC 36-7-14, IC 36-7-14.5, IC 36-7-15.1, and |
---|
765 | 765 | | 23 IC 36-7-30 to provide funding for debt repayment. |
---|
766 | 766 | | 24 (3) To fund sewer and water projects, including storm water |
---|
767 | 767 | | 25 management projects. |
---|
768 | 768 | | 26 (4) For police and fire pensions. |
---|
769 | 769 | | 27 (5) To carry out any governmental purpose for which the money |
---|
770 | 770 | | 28 is appropriated by the fiscal body of the city, town, or county. |
---|
771 | 771 | | 29 Money used under this subdivision does not reduce the property |
---|
772 | 772 | | 30 tax levy of the city, town, or county for a particular year or reduce |
---|
773 | 773 | | 31 the maximum levy of the city, town, or county under |
---|
774 | 774 | | 32 IC 6-1.1-18.5. |
---|
775 | 775 | | 33 (f) This subsection does not apply to an inland casino operating in |
---|
776 | 776 | | 34 Vigo County after June 30, 2024. Before July 15 of each year, the |
---|
777 | 777 | | 35 auditor of state comptroller shall determine the total amount of money |
---|
778 | 778 | | 36 distributed to an entity under IC 4-33-12-6 or IC 4-33-12-8 during the |
---|
779 | 779 | | 37 preceding state fiscal year. If the auditor of state comptroller |
---|
780 | 780 | | 38 determines that the total amount of money distributed to an entity under |
---|
781 | 781 | | 39 IC 4-33-12-6 or IC 4-33-12-8 during the preceding state fiscal year was |
---|
782 | 782 | | 40 less than the entity's base year revenue (as determined under |
---|
783 | 783 | | 41 IC 4-33-12-9), the auditor of state comptroller shall make a |
---|
784 | 784 | | 42 supplemental distribution to the entity from taxes collected under this |
---|
785 | 785 | | 2024 IN 1161—LS 6491/DI 125 19 |
---|
786 | 786 | | 1 chapter and deposited into the state general fund. Except as provided |
---|
787 | 787 | | 2 in subsection (h), the amount of an entity's supplemental distribution |
---|
788 | 788 | | 3 is equal to: |
---|
789 | 789 | | 4 (1) the entity's base year revenue (as determined under |
---|
790 | 790 | | 5 IC 4-33-12-9); minus |
---|
791 | 791 | | 6 (2) the sum of: |
---|
792 | 792 | | 7 (A) the total amount of money distributed to the entity and |
---|
793 | 793 | | 8 constructively received by the entity during the preceding state |
---|
794 | 794 | | 9 fiscal year under IC 4-33-12-6 or IC 4-33-12-8; plus |
---|
795 | 795 | | 10 (B) the amount of any admissions taxes deducted under |
---|
796 | 796 | | 11 IC 6-3.1-20-7. |
---|
797 | 797 | | 12 (g) This subsection applies only to Marion County. The county |
---|
798 | 798 | | 13 auditor shall distribute the money received by the county under |
---|
799 | 799 | | 14 subsection (d) as follows: |
---|
800 | 800 | | 15 (1) To each city, other than the consolidated city, located in the |
---|
801 | 801 | | 16 county according to the ratio that the city's population bears to the |
---|
802 | 802 | | 17 total population of the county. |
---|
803 | 803 | | 18 (2) To each town located in the county according to the ratio that |
---|
804 | 804 | | 19 the town's population bears to the total population of the county. |
---|
805 | 805 | | 20 (3) After the distributions required in subdivisions (1) and (2) are |
---|
806 | 806 | | 21 made, the remainder shall be paid in equal amounts to the |
---|
807 | 807 | | 22 consolidated city and the county. |
---|
808 | 808 | | 23 (h) This subsection does not apply to an inland casino operating in |
---|
809 | 809 | | 24 Vigo County. This subsection applies to a supplemental distribution |
---|
810 | 810 | | 25 made after June 30, 2017. The maximum amount of money that may be |
---|
811 | 811 | | 26 distributed under subsection (f) in a state fiscal year is equal to the |
---|
812 | 812 | | 27 following: |
---|
813 | 813 | | 28 (1) Before July 1, 2021, forty-eight million dollars ($48,000,000). |
---|
814 | 814 | | 29 (2) After June 30, 2021, if the total adjusted gross receipts |
---|
815 | 815 | | 30 received by licensees from gambling games authorized under this |
---|
816 | 816 | | 31 article during the preceding state fiscal year is equal to or greater |
---|
817 | 817 | | 32 than the total adjusted gross receipts received by licensees from |
---|
818 | 818 | | 33 gambling games authorized under this article during the state |
---|
819 | 819 | | 34 fiscal year ending June 30, 2020, the maximum amount is |
---|
820 | 820 | | 35 forty-eight million dollars ($48,000,000). |
---|
821 | 821 | | 36 (3) After June 30, 2021, if the total adjusted gross receipts |
---|
822 | 822 | | 37 received by licensees from gambling games authorized under this |
---|
823 | 823 | | 38 article during the preceding state fiscal year is less than the total |
---|
824 | 824 | | 39 adjusted gross receipts received by licensees from gambling |
---|
825 | 825 | | 40 games authorized under this article during the state fiscal year |
---|
826 | 826 | | 41 ending June 30, 2020, the maximum amount is equal to the result |
---|
827 | 827 | | 42 of: |
---|
828 | 828 | | 2024 IN 1161—LS 6491/DI 125 20 |
---|
829 | 829 | | 1 (A) forty-eight million dollars ($48,000,000); multiplied by |
---|
830 | 830 | | 2 (B) the result of: |
---|
831 | 831 | | 3 (i) the total adjusted gross receipts received by licensees |
---|
832 | 832 | | 4 from gambling games authorized under this article during |
---|
833 | 833 | | 5 the preceding state fiscal year; divided by |
---|
834 | 834 | | 6 (ii) the total adjusted gross receipts received by licensees |
---|
835 | 835 | | 7 from gambling games authorized under this article during |
---|
836 | 836 | | 8 the state fiscal year ending June 30, 2020. |
---|
837 | 837 | | 9 If the total amount determined under subsection (f) exceeds the |
---|
838 | 838 | | 10 maximum amount determined under this subsection, the amount |
---|
839 | 839 | | 11 distributed to an entity under subsection (f) must be reduced according |
---|
840 | 840 | | 12 to the ratio that the amount distributed to the entity under IC 4-33-12-6 |
---|
841 | 841 | | 13 or IC 4-33-12-8 bears to the total amount distributed under |
---|
842 | 842 | | 14 IC 4-33-12-6 and IC 4-33-12-8 to all entities receiving a supplemental |
---|
843 | 843 | | 15 distribution. |
---|
844 | 844 | | 16 (i) This subsection applies to a supplemental distribution, if any, |
---|
845 | 845 | | 17 payable to Lake County, Hammond, Gary, or East Chicago under |
---|
846 | 846 | | 18 subsections (f) and (h). Beginning in July 2016, the auditor of state |
---|
847 | 847 | | 19 comptroller shall, after making any deductions from the supplemental |
---|
848 | 848 | | 20 distribution required by IC 6-3.1-20-7, deduct from the remainder of |
---|
849 | 849 | | 21 the supplemental distribution otherwise payable to the unit under this |
---|
850 | 850 | | 22 section the lesser of: |
---|
851 | 851 | | 23 (1) the remaining amount of the supplemental distribution; or |
---|
852 | 852 | | 24 (2) the difference, if any, between: |
---|
853 | 853 | | 25 (A) three million five hundred thousand dollars ($3,500,000); |
---|
854 | 854 | | 26 minus |
---|
855 | 855 | | 27 (B) the amount of admissions taxes constructively received by |
---|
856 | 856 | | 28 the unit in the previous state fiscal year. |
---|
857 | 857 | | 29 The auditor of state comptroller shall distribute the amounts deducted |
---|
858 | 858 | | 30 under this subsection to the northwest Indiana redevelopment authority |
---|
859 | 859 | | 31 established under IC 36-7.5-2-1 for deposit in the development |
---|
860 | 860 | | 32 authority revenue fund established under IC 36-7.5-4-1. |
---|
861 | 861 | | 33 (j) Money distributed to a political subdivision under subsection (b): |
---|
862 | 862 | | 34 (1) must be paid to the fiscal officer of the political subdivision |
---|
863 | 863 | | 35 and may be deposited in the political subdivision's general fund |
---|
864 | 864 | | 36 (in the case of a school corporation, the school corporation may |
---|
865 | 865 | | 37 deposit the money into either the education fund (IC 20-40-2) or |
---|
866 | 866 | | 38 the operations fund (IC 20-40-18)) or riverboat fund established |
---|
867 | 867 | | 39 under IC 36-1-8-9, or both; |
---|
868 | 868 | | 40 (2) may not be used to reduce the maximum levy under |
---|
869 | 869 | | 41 IC 6-1.1-18.5 of a county, city, or town or the maximum tax rate |
---|
870 | 870 | | 42 of a school corporation, but, except as provided in subsection |
---|
871 | 871 | | 2024 IN 1161—LS 6491/DI 125 21 |
---|
872 | 872 | | 1 (b)(3)(B), may be used at the discretion of the political |
---|
873 | 873 | | 2 subdivision to reduce the property tax levy of the county, city, or |
---|
874 | 874 | | 3 town for a particular year; |
---|
875 | 875 | | 4 (3) except as provided in subsection (b)(3)(B), may be used for |
---|
876 | 876 | | 5 any legal or corporate purpose of the political subdivision, |
---|
877 | 877 | | 6 including the pledge of money to bonds, leases, or other |
---|
878 | 878 | | 7 obligations under IC 5-1-14-4; and |
---|
879 | 879 | | 8 (4) is considered miscellaneous revenue. |
---|
880 | 880 | | 9 Money distributed under subsection (b)(3)(B) must be used for the |
---|
881 | 881 | | 10 purposes specified in subsection (b)(3)(B). |
---|
882 | 882 | | 11 (k) After June 30, 2020, the amount of wagering taxes that would |
---|
883 | 883 | | 12 otherwise be distributed to South Bend under subsection (d) shall be |
---|
884 | 884 | | 13 deposited as being received from all riverboats whose supplemental |
---|
885 | 885 | | 14 wagering tax, as calculated under IC 4-33-12-1.5(b), is over three and |
---|
886 | 886 | | 15 five-tenths percent (3.5%). The amount deposited under this |
---|
887 | 887 | | 16 subsection, in each riverboat's account, is proportionate to the |
---|
888 | 888 | | 17 supplemental wagering tax received from that riverboat under |
---|
889 | 889 | | 18 IC 4-33-12-1.5 in the month of July. The amount deposited under this |
---|
890 | 890 | | 19 subsection must be distributed in the same manner as the supplemental |
---|
891 | 891 | | 20 wagering tax collected under IC 4-33-12-1.5. This subsection expires |
---|
892 | 892 | | 21 June 30, 2021. |
---|
893 | 893 | | 22 (l) After June 30, 2021, the amount of wagering taxes that would |
---|
894 | 894 | | 23 otherwise be distributed to South Bend under subsection (d) shall be |
---|
895 | 895 | | 24 withheld and deposited in the state general fund. |
---|
896 | 896 | | 25 SECTION 14. IC 4-33-13-5.3, AS AMENDED BY THE |
---|
897 | 897 | | 26 TECHNICAL CORRECTIONS BILL OF THE 2024 GENERAL |
---|
898 | 898 | | 27 ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
899 | 899 | | 28 JULY 1, 2024]: Sec. 5.3. (a) This section applies to each of the first |
---|
900 | 900 | | 29 four (4) full state fiscal years beginning after a licensed owner begins |
---|
901 | 901 | | 30 gaming operations under IC 4-33-6-4.5, but does not apply in a state |
---|
902 | 902 | | 31 fiscal year after June 30, 2024. This section does not apply to tax |
---|
903 | 903 | | 32 revenue remitted or paid under this chapter after June 30, 2024. |
---|
904 | 904 | | 33 (b) As used in this section, "qualified city" refers to East Chicago, |
---|
905 | 905 | | 34 Hammond, or Michigan City. |
---|
906 | 906 | | 35 (c) The auditor of state comptroller shall determine the total |
---|
907 | 907 | | 36 amount of money paid by the auditor of state comptroller under |
---|
908 | 908 | | 37 section 5(a)(2) of this chapter to Gary, East Chicago, Hammond, and |
---|
909 | 909 | | 38 Michigan City during the state fiscal year ending on June 30, 2019. The |
---|
910 | 910 | | 39 amount determined under this subsection for each city is the city's base |
---|
911 | 911 | | 40 year revenue. The auditor of state comptroller shall certify the base |
---|
912 | 912 | | 41 year revenue determined under this subsection to each city. |
---|
913 | 913 | | 42 (d) Subject to subsection (g), a qualified city is entitled to a |
---|
914 | 914 | | 2024 IN 1161—LS 6491/DI 125 22 |
---|
915 | 915 | | 1 supplemental payment under this section if both of the following occur |
---|
916 | 916 | | 2 in a particular state fiscal year: |
---|
917 | 917 | | 3 (1) The total amount payable to Gary under section 5(a)(2) of this |
---|
918 | 918 | | 4 chapter in the state fiscal year is greater than the base year |
---|
919 | 919 | | 5 revenue determined for Gary under subsection (c). |
---|
920 | 920 | | 6 (2) The amount payable to the qualified city under section 5(a)(2) |
---|
921 | 921 | | 7 of this chapter in the state fiscal year is less than the base year |
---|
922 | 922 | | 8 revenue determined for the qualified city under subsection (c). |
---|
923 | 923 | | 9 (e) Subject to subsection (g), the auditor of state comptroller shall |
---|
924 | 924 | | 10 deduct the lesser of the following from the amount otherwise payable |
---|
925 | 925 | | 11 to Gary to make a supplemental payment to a qualified city entitled to |
---|
926 | 926 | | 12 a payment under subsection (d): |
---|
927 | 927 | | 13 (1) The difference between the base year revenue determined for |
---|
928 | 928 | | 14 the qualified city under subsection (c) and the amount payable to |
---|
929 | 929 | | 15 the qualified city under section 5(a)(2) of this chapter. |
---|
930 | 930 | | 16 (2) The difference between the amount payable to Gary under |
---|
931 | 931 | | 17 section 5(a)(2) of this chapter and the base year revenue |
---|
932 | 932 | | 18 determined for Gary under subsection (c). |
---|
933 | 933 | | 19 (f) Subject to subsection (g), the auditor of state comptroller shall |
---|
934 | 934 | | 20 supplement the amount payable to the qualified city under section |
---|
935 | 935 | | 21 5(a)(2) of this chapter with a payment equal to the amount deducted |
---|
936 | 936 | | 22 under subsection (e) for the qualified city. |
---|
937 | 937 | | 23 (g) The auditor of state comptroller may not deduct from the |
---|
938 | 938 | | 24 amounts payable under section 5(a)(2) of this chapter to Gary in a |
---|
939 | 939 | | 25 particular state fiscal year an amount greater than the difference |
---|
940 | 940 | | 26 between the amount payable to Gary under section 5(a)(2) of this |
---|
941 | 941 | | 27 chapter and the base year revenue determined for Gary under |
---|
942 | 942 | | 28 subsection (c). If the total amount of the supplemental payments |
---|
943 | 943 | | 29 determined for qualified cities exceeds the amount that may be |
---|
944 | 944 | | 30 deducted under this section, the amount paid to each qualified city |
---|
945 | 945 | | 31 entitled to a supplemental payment must be determined under STEP |
---|
946 | 946 | | 32 FOUR the following formula: |
---|
947 | 947 | | 33 STEP ONE: Determine the difference between the qualified city's |
---|
948 | 948 | | 34 base year revenue and the amount payable to the qualified city |
---|
949 | 949 | | 35 under section 5(a)(2) of this chapter for the particular state fiscal |
---|
950 | 950 | | 36 year. |
---|
951 | 951 | | 37 STEP TWO: Determine the sum of the STEP ONE results for all |
---|
952 | 952 | | 38 qualified cities entitled to a supplemental payment in the |
---|
953 | 953 | | 39 particular state fiscal year. |
---|
954 | 954 | | 40 STEP THREE: Determine for each qualified city entitled to a |
---|
955 | 955 | | 41 supplemental payment in the particular state fiscal year the |
---|
956 | 956 | | 42 quotient of: |
---|
957 | 957 | | 2024 IN 1161—LS 6491/DI 125 23 |
---|
958 | 958 | | 1 (A) the STEP ONE result for the qualified city; divided by |
---|
959 | 959 | | 2 (B) the STEP TWO result. |
---|
960 | 960 | | 3 STEP FOUR: Determine for each qualified city entitled to a |
---|
961 | 961 | | 4 supplemental payment in the particular state fiscal year the |
---|
962 | 962 | | 5 product of: |
---|
963 | 963 | | 6 (A) the STEP THREE quotient; multiplied by |
---|
964 | 964 | | 7 (B) the maximum amount that may be deducted from the |
---|
965 | 965 | | 8 amounts payable under section 5(a)(2) of this chapter for Gary. |
---|
966 | 966 | | 9 SECTION 15. IC 4-35-7-12.5, AS AMENDED BY P.L.156-2020, |
---|
967 | 967 | | 10 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
968 | 968 | | 11 JULY 1, 2024]: Sec. 12.5. (a) A licensee shall annually withhold the |
---|
969 | 969 | | 12 sum of: |
---|
970 | 970 | | 13 (1) the product of: |
---|
971 | 971 | | 14 (A) seventy-five thousand dollars ($75,000); multiplied by |
---|
972 | 972 | | 15 (B) the number of racetracks operated by the licensee; |
---|
973 | 973 | | 16 from the amount that must be distributed under section 12(b) of |
---|
974 | 974 | | 17 this chapter; and |
---|
975 | 975 | | 18 (2) forty-five hundredths percent (0.45%) of the adjusted gross |
---|
976 | 976 | | 19 receipts from the previous month at each casino operated by the |
---|
977 | 977 | | 20 licensee. |
---|
978 | 978 | | 21 (b) A licensee shall transfer the amount withheld under subsection |
---|
979 | 979 | | 22 (a)(1) to the Indiana horse racing commission for deposit in the gaming |
---|
980 | 980 | | 23 integrity fund established by IC 4-35-8.7-3. Money transferred under |
---|
981 | 981 | | 24 this subsection must be used for the purposes described in |
---|
982 | 982 | | 25 IC 4-35-8.7-3(f)(1). |
---|
983 | 983 | | 26 (c) A licensee shall transfer the amount withheld under subsection |
---|
984 | 984 | | 27 (a)(2): |
---|
985 | 985 | | 28 (1) before July 1, 2024, to the Indiana horse racing commission |
---|
986 | 986 | | 29 for deposit in the Indiana horse racing commission operating fund |
---|
987 | 987 | | 30 established by IC 4-31-10-2; and |
---|
988 | 988 | | 31 (2) after June 30, 2024, to the gaming revenue fund |
---|
989 | 989 | | 32 established by IC 4-40-3-1. |
---|
990 | 990 | | 33 SECTION 16. IC 4-35-8-3, AS AMENDED BY P.L.146-2008, |
---|
991 | 991 | | 34 SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
992 | 992 | | 35 JULY 1, 2024]: Sec. 3. (a) The department shall deposit tax revenue |
---|
993 | 993 | | 36 collected under section 1 of this chapter before July 1, 2024, in the |
---|
994 | 994 | | 37 state general fund. |
---|
995 | 995 | | 38 (b) The department shall deposit tax revenue collected under |
---|
996 | 996 | | 39 section 1 of this chapter after June 30, 2024, in the gaming revenue |
---|
997 | 997 | | 40 fund established by IC 4-40-3-1. |
---|
998 | 998 | | 41 SECTION 17. IC 4-35-8.5-1, AS AMENDED BY P.L.255-2015, |
---|
999 | 999 | | 42 SECTION 46, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
1000 | 1000 | | 2024 IN 1161—LS 6491/DI 125 24 |
---|
1001 | 1001 | | 1 JULY 1, 2024]: Sec. 1. (a) Before the fifteenth day of each month, a |
---|
1002 | 1002 | | 2 licensee that offers gambling game wagering under this article shall |
---|
1003 | 1003 | | 3 pay to the commission a county gambling game wagering fee equal to |
---|
1004 | 1004 | | 4 three percent (3%) of the adjusted gross receipts received from |
---|
1005 | 1005 | | 5 gambling game wagering during the previous month at the licensee's |
---|
1006 | 1006 | | 6 racetrack. However, a licensee is not required to pay more than eight |
---|
1007 | 1007 | | 7 million dollars ($8,000,000) of county gambling game wagering fees |
---|
1008 | 1008 | | 8 under this section in any state fiscal year. |
---|
1009 | 1009 | | 9 (b) The commission shall deposit the county gambling game |
---|
1010 | 1010 | | 10 wagering fee received by the commission into: |
---|
1011 | 1011 | | 11 (1) for county gambling game wagering fees received before |
---|
1012 | 1012 | | 12 July 1, 2024, a separate account within the state general fund; |
---|
1013 | 1013 | | 13 and |
---|
1014 | 1014 | | 14 (2) for county gambling game wagering fees received after |
---|
1015 | 1015 | | 15 June 30, 2024, the gaming revenue fund established by |
---|
1016 | 1016 | | 16 IC 4-40-3-1. |
---|
1017 | 1017 | | 17 SECTION 18. IC 4-35-8.5-2, AS AMENDED BY P.L.137-2022, |
---|
1018 | 1018 | | 18 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
1019 | 1019 | | 19 JULY 1, 2024]: Sec. 2. This section applies to county gambling |
---|
1020 | 1020 | | 20 game wagering fees received before July 1, 2024. On or before the |
---|
1021 | 1021 | | 21 fifteenth day of each month, the treasurer of state shall distribute any |
---|
1022 | 1022 | | 22 county gambling game wagering fees received from a licensee during |
---|
1023 | 1023 | | 23 the previous month to the county auditor of the county in which the |
---|
1024 | 1024 | | 24 licensee's racetrack is located. |
---|
1025 | 1025 | | 25 SECTION 19. IC 4-38-10-3, AS ADDED BY P.L.293-2019, |
---|
1026 | 1026 | | 26 SECTION 43, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
1027 | 1027 | | 27 JULY 1, 2024]: Sec. 3. (a) This section applies to tax revenue |
---|
1028 | 1028 | | 28 collected under section 2 of this chapter before July 1, 2024. |
---|
1029 | 1029 | | 29 (a) (b) Except as provided in subsection (b), (c), the department |
---|
1030 | 1030 | | 30 shall deposit the tax revenue collected under section 2 of this chapter |
---|
1031 | 1031 | | 31 in the state general fund. |
---|
1032 | 1032 | | 32 (b) (c) The department shall transfer an amount equal to three and |
---|
1033 | 1033 | | 33 thirty-three hundredths percent (3.33%) of the tax revenue collected |
---|
1034 | 1034 | | 34 under section 2 of this chapter to the addiction services fund |
---|
1035 | 1035 | | 35 established by IC 12-23-2-2. |
---|
1036 | 1036 | | 36 (c) (d) Twenty-five percent (25%) of the tax revenue transferred |
---|
1037 | 1037 | | 37 under subsection (b) (c) must be allocated to: |
---|
1038 | 1038 | | 38 (1) the prevention of; |
---|
1039 | 1039 | | 39 (2) education regarding; |
---|
1040 | 1040 | | 40 (3) provider credentialing for; and |
---|
1041 | 1041 | | 41 (4) treatment of; |
---|
1042 | 1042 | | 42 compulsive gambling. |
---|
1043 | 1043 | | 2024 IN 1161—LS 6491/DI 125 25 |
---|
1044 | 1044 | | 1 SECTION 20. IC 4-38-10-3.5 IS ADDED TO THE INDIANA |
---|
1045 | 1045 | | 2 CODE AS A NEW SECTION TO READ AS FOLLOWS |
---|
1046 | 1046 | | 3 [EFFECTIVE JULY 1, 2024]: Sec. 3.5. (a) This section applies to tax |
---|
1047 | 1047 | | 4 revenue collected under section 2 of this chapter after June 30, |
---|
1048 | 1048 | | 5 2024. |
---|
1049 | 1049 | | 6 (b) Except as provided in subsection (c), the department shall |
---|
1050 | 1050 | | 7 deposit tax revenue collected under section 2 of this chapter after |
---|
1051 | 1051 | | 8 June 30, 2024, in the case of tax revenue remitted by a certificate |
---|
1052 | 1052 | | 9 holder that is: |
---|
1053 | 1053 | | 10 (1) an operating agent operating a riverboat in a historic hotel |
---|
1054 | 1054 | | 11 district, in the state general fund; and |
---|
1055 | 1055 | | 12 (2) a licensed owner or permit holder, in the gaming revenue |
---|
1056 | 1056 | | 13 fund established by IC 4-40-3-1. |
---|
1057 | 1057 | | 14 (c) The department shall transfer an amount equal to three and |
---|
1058 | 1058 | | 15 thirty-three hundredths percent (3.33%) of the tax revenue |
---|
1059 | 1059 | | 16 remitted under subsection (b)(1) by a certificate holder that is an |
---|
1060 | 1060 | | 17 operating agent operating a riverboat in a historic hotel district to |
---|
1061 | 1061 | | 18 the addiction services fund established by IC 12-23-2-2. |
---|
1062 | 1062 | | 19 (d) Twenty-five percent (25%) of the tax revenue transferred |
---|
1063 | 1063 | | 20 under subsection (b)(1) must be allocated to: |
---|
1064 | 1064 | | 21 (1) the prevention of; |
---|
1065 | 1065 | | 22 (2) education regarding; |
---|
1066 | 1066 | | 23 (3) provider credentialing for; and |
---|
1067 | 1067 | | 24 (4) treatment of; |
---|
1068 | 1068 | | 25 compulsive gambling. |
---|
1069 | 1069 | | 26 SECTION 21. IC 4-40 IS ADDED TO THE INDIANA CODE AS |
---|
1070 | 1070 | | 27 A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1, |
---|
1071 | 1071 | | 28 2024]: |
---|
1072 | 1072 | | 29 ARTICLE 40. GAMING REVENUE DISTRIBUTION |
---|
1073 | 1073 | | 30 Chapter 1. Application |
---|
1074 | 1074 | | 31 Sec. 1. This article applies to the distribution of revenue |
---|
1075 | 1075 | | 32 received or remitted after June 30, 2024, by a: |
---|
1076 | 1076 | | 33 (1) licensed owner from the: |
---|
1077 | 1077 | | 34 (A) wagering tax imposed under IC 4-33-13; and |
---|
1078 | 1078 | | 35 (B) supplemental wagering tax imposed under IC 4-33-12; |
---|
1079 | 1079 | | 36 (2) licensee from the: |
---|
1080 | 1080 | | 37 (A) graduated slot machine wagering tax imposed under |
---|
1081 | 1081 | | 38 IC 4-35-8; |
---|
1082 | 1082 | | 39 (B) county gambling game wagering fee imposed under |
---|
1083 | 1083 | | 40 IC 4-35-8.5; and |
---|
1084 | 1084 | | 41 (C) fees imposed under IC 4-35-7-12.5; |
---|
1085 | 1085 | | 42 (3) except as provided in section 2 of this chapter, certificate |
---|
1086 | 1086 | | 2024 IN 1161—LS 6491/DI 125 26 |
---|
1087 | 1087 | | 1 holder from the sports wagering tax imposed under |
---|
1088 | 1088 | | 2 IC 4-38-10; and |
---|
1089 | 1089 | | 3 (4) person that holds a permit to conduct a horse racing |
---|
1090 | 1090 | | 4 meeting or a permit holder licensed to operate a satellite |
---|
1091 | 1091 | | 5 facility from taxes imposed under IC 4-31-9. |
---|
1092 | 1092 | | 6 Sec. 2. This article does not apply to the distribution of revenue |
---|
1093 | 1093 | | 7 received or remitted by an operating agent from the: |
---|
1094 | 1094 | | 8 (1) wagering tax imposed under IC 4-33-13; or |
---|
1095 | 1095 | | 9 (2) sports wagering tax imposed under IC 4-38-10. |
---|
1096 | 1096 | | 10 Chapter 2. Definitions |
---|
1097 | 1097 | | 11 Sec. 1. The definitions in this chapter apply throughout this |
---|
1098 | 1098 | | 12 article. |
---|
1099 | 1099 | | 13 Sec. 2. "Certificate holder" has the meaning set forth in |
---|
1100 | 1100 | | 14 IC 4-38-2-4. |
---|
1101 | 1101 | | 15 Sec. 3. "Gaming commission" means the Indiana gaming |
---|
1102 | 1102 | | 16 commission established by IC 4-33-3-1. |
---|
1103 | 1103 | | 17 Sec. 4. "Gaming revenue fund" means the gaming revenue fund |
---|
1104 | 1104 | | 18 established by IC 4-40-3-1. |
---|
1105 | 1105 | | 19 Sec. 5. "Host unit" means each of the following: |
---|
1106 | 1106 | | 20 (1) If the riverboat is located in a city, the city in which the |
---|
1107 | 1107 | | 21 riverboat is located and the county in which the riverboat is |
---|
1108 | 1108 | | 22 located. |
---|
1109 | 1109 | | 23 (2) If a city is designated as the home dock of the riverboat |
---|
1110 | 1110 | | 24 from which the tax revenue was collected, in the case of: |
---|
1111 | 1111 | | 25 (A) a city described in IC 4-33-12-6(b)(1)(A); |
---|
1112 | 1112 | | 26 (B) a city located in Lake County; or |
---|
1113 | 1113 | | 27 (C) Terre Haute; |
---|
1114 | 1114 | | 28 the city designated as the home dock of the riverboat from |
---|
1115 | 1115 | | 29 which the tax revenue was collected and the county in which |
---|
1116 | 1116 | | 30 the riverboat is located. |
---|
1117 | 1117 | | 31 (3) A county that is designated as the home dock of the |
---|
1118 | 1118 | | 32 riverboat from which the tax revenue was collected, in the |
---|
1119 | 1119 | | 33 case of a riverboat that is not located in a city described in |
---|
1120 | 1120 | | 34 subdivision (1) or whose home dock is not in a city described |
---|
1121 | 1121 | | 35 in subdivision (2). |
---|
1122 | 1122 | | 36 (4) A county in which a licensee's racetrack in which gambling |
---|
1123 | 1123 | | 37 games are conducted under IC 4-35 is located. |
---|
1124 | 1124 | | 38 Sec. 6. "Licensed owner" has the meaning set forth in |
---|
1125 | 1125 | | 39 IC 4-33-2-13. |
---|
1126 | 1126 | | 40 Sec. 7. "Licensee" has the meaning set forth in IC 4-35-2-7. |
---|
1127 | 1127 | | 41 Sec. 8. "Operating agent" has the meaning set forth in |
---|
1128 | 1128 | | 42 IC 4-33-2-14.5. |
---|
1129 | 1129 | | 2024 IN 1161—LS 6491/DI 125 27 |
---|
1130 | 1130 | | 1 Sec. 9. "Riverboat" has the meaning set forth in IC 4-33-2-17. |
---|
1131 | 1131 | | 2 Chapter 3. Gaming Revenue Fund |
---|
1132 | 1132 | | 3 Sec. 1. (a) The gaming revenue fund is established. |
---|
1133 | 1133 | | 4 (b) The gaming revenue fund consists of the following: |
---|
1134 | 1134 | | 5 (1) Revenue deposited in the gaming revenue fund under |
---|
1135 | 1135 | | 6 IC 4-31-9-3(c). |
---|
1136 | 1136 | | 7 (2) Revenue deposited in the gaming revenue fund under |
---|
1137 | 1137 | | 8 IC 4-31-9-5(c). |
---|
1138 | 1138 | | 9 (3) Revenue deposited in the gaming revenue fund under |
---|
1139 | 1139 | | 10 IC 4-31-9-7(e). |
---|
1140 | 1140 | | 11 (4) Revenue deposited in the gaming revenue fund under |
---|
1141 | 1141 | | 12 IC 4-31-9-9(b). |
---|
1142 | 1142 | | 13 (5) Revenue deposited in the gaming revenue fund under |
---|
1143 | 1143 | | 14 IC 4-33-12-5.5. |
---|
1144 | 1144 | | 15 (6) Revenue deposited in the gaming revenue fund under |
---|
1145 | 1145 | | 16 IC 4-33-13-3(b)(2). |
---|
1146 | 1146 | | 17 (7) Revenue deposited in the gaming revenue fund under |
---|
1147 | 1147 | | 18 IC 4-35-7-12.5(c). |
---|
1148 | 1148 | | 19 (8) Revenue deposited in the gaming revenue fund under |
---|
1149 | 1149 | | 20 IC 4-35-8-3(b). |
---|
1150 | 1150 | | 21 (9) Revenue deposited in the gaming revenue fund under |
---|
1151 | 1151 | | 22 IC 4-35-8.5-1(b)(2). |
---|
1152 | 1152 | | 23 (10) Revenue deposited in the gaming revenue fund under |
---|
1153 | 1153 | | 24 IC 4-38-10-3.5(b)(2). |
---|
1154 | 1154 | | 25 (c) The gaming revenue fund shall be administered by the state |
---|
1155 | 1155 | | 26 comptroller. |
---|
1156 | 1156 | | 27 (d) Money in the gaming revenue fund is continually |
---|
1157 | 1157 | | 28 appropriated as provided in this chapter. |
---|
1158 | 1158 | | 29 (e) Money in the gaming revenue fund does not revert to the |
---|
1159 | 1159 | | 30 state general fund at the end of a state fiscal year. |
---|
1160 | 1160 | | 31 Sec. 2. After funds are appropriated in the biennial budget act |
---|
1161 | 1161 | | 32 from the gaming revenue fund to the commission for purposes of |
---|
1162 | 1162 | | 33 administering IC 4-33, the state comptroller shall quarterly deposit |
---|
1163 | 1163 | | 34 in the state general fund an amount equal to sixty-seven percent |
---|
1164 | 1164 | | 35 (67%) of the money in the gaming revenue fund. |
---|
1165 | 1165 | | 36 Sec. 3. (a) After funds are appropriated in the biennial budget |
---|
1166 | 1166 | | 37 act from the gaming revenue fund to the commission for purposes |
---|
1167 | 1167 | | 38 of administering IC 4-33, the state comptroller shall quarterly |
---|
1168 | 1168 | | 39 divide and distribute a total amount equal to five and eighty-five |
---|
1169 | 1169 | | 40 hundredths percent (5.85%) of the money in the gaming revenue |
---|
1170 | 1170 | | 41 fund between each county according to the ratio that the county's |
---|
1171 | 1171 | | 42 population bears to the total population of the state. The money |
---|
1172 | 1172 | | 2024 IN 1161—LS 6491/DI 125 28 |
---|
1173 | 1173 | | 1 paid under this subsection must be paid to the county treasurer of |
---|
1174 | 1174 | | 2 each county. Except as provided in subsection (b), the county |
---|
1175 | 1175 | | 3 treasurer shall distribute the money received by the county under |
---|
1176 | 1176 | | 4 this subsection as follows: |
---|
1177 | 1177 | | 5 (1) To each city located in the county according to the ratio |
---|
1178 | 1178 | | 6 the city's population bears to the total population of the |
---|
1179 | 1179 | | 7 county. |
---|
1180 | 1180 | | 8 (2) To each town located in the county according to the ratio |
---|
1181 | 1181 | | 9 the town's population bears to the total population of the |
---|
1182 | 1182 | | 10 county. |
---|
1183 | 1183 | | 11 (3) After the distributions required in subdivisions (1) and (2) |
---|
1184 | 1184 | | 12 are made, the remainder shall be retained by the county. |
---|
1185 | 1185 | | 13 (b) This subsection applies only to a county containing a |
---|
1186 | 1186 | | 14 consolidated city. The county auditor shall distribute the money |
---|
1187 | 1187 | | 15 received by the county under subsection (a) as follows: |
---|
1188 | 1188 | | 16 (1) To each city, other than a consolidated city, located in the |
---|
1189 | 1189 | | 17 county according to the ratio that the city's population bears |
---|
1190 | 1190 | | 18 to the total population of the county. |
---|
1191 | 1191 | | 19 (2) To each town located in the county according to the ratio |
---|
1192 | 1192 | | 20 that the town's population bears to the total population of the |
---|
1193 | 1193 | | 21 county. |
---|
1194 | 1194 | | 22 (3) After the distributions required in subdivisions (1) and (2) |
---|
1195 | 1195 | | 23 are made, the remainder shall be paid in equal amounts to the |
---|
1196 | 1196 | | 24 consolidated city and the county. |
---|
1197 | 1197 | | 25 Sec. 4. (a) After funds are appropriated in the biennial budget |
---|
1198 | 1198 | | 26 act from the gaming revenue fund to the commission for purposes |
---|
1199 | 1199 | | 27 of administering IC 4-33, the state comptroller shall quarterly |
---|
1200 | 1200 | | 28 divide and distribute a total amount equal to twenty-five percent |
---|
1201 | 1201 | | 29 (25%) of the money in the gaming revenue fund among each host |
---|
1202 | 1202 | | 30 unit and each host unit's county convention and visitors bureau or |
---|
1203 | 1203 | | 31 promotion fund. The state comptroller shall pay each host unit and |
---|
1204 | 1204 | | 32 each host unit's county convention and visitors bureau or |
---|
1205 | 1205 | | 33 promotion fund an amount that equals the host unit's and host |
---|
1206 | 1206 | | 34 unit's county convention and visitors bureau or promotion fund's |
---|
1207 | 1207 | | 35 average aggregate distribution from: |
---|
1208 | 1208 | | 36 (1) revenue and fees collected under IC 4-31, IC 4-33, IC 4-35, |
---|
1209 | 1209 | | 37 and IC 4-38; and |
---|
1210 | 1210 | | 38 (2) money in the gaming revenue fund; |
---|
1211 | 1211 | | 39 as applicable, in the immediately preceding five (5) years. |
---|
1212 | 1212 | | 40 (b) A host unit or host unit's county convention and visitors |
---|
1213 | 1213 | | 41 bureau or promotion fund may not receive a distribution under |
---|
1214 | 1214 | | 42 this section that is less than an amount equal to the host unit's or |
---|
1215 | 1215 | | 2024 IN 1161—LS 6491/DI 125 29 |
---|
1216 | 1216 | | 1 host unit's county convention and visitors bureau or promotion |
---|
1217 | 1217 | | 2 fund's average distribution over the immediately preceding five (5) |
---|
1218 | 1218 | | 3 years. If the total amount of money available to distribute under |
---|
1219 | 1219 | | 4 this section in a year is less than the total amount necessary to meet |
---|
1220 | 1220 | | 5 the required distributions under this subsection, the distributions |
---|
1221 | 1221 | | 6 to each recipient shall be reduced proportionately. |
---|
1222 | 1222 | | 7 (c) If the total amount to be divided and distributed under |
---|
1223 | 1223 | | 8 subsection (a) exceeds the amount necessary to meet the minimum |
---|
1224 | 1224 | | 9 payment requirement under subsection (b), the excess shall be |
---|
1225 | 1225 | | 10 annually divided among each host unit in proportion to the amount |
---|
1226 | 1226 | | 11 of tax revenue deposited in the gaming revenue fund for the period |
---|
1227 | 1227 | | 12 that is attributable to tax revenue collected from the gaming |
---|
1228 | 1228 | | 13 operations located in the host unit. Of the excess amount received |
---|
1229 | 1229 | | 14 by each host unit: |
---|
1230 | 1230 | | 15 (1) if the host unit is a city: |
---|
1231 | 1231 | | 16 (A) fifty percent (50%) of the excess shall remain with the |
---|
1232 | 1232 | | 17 city; and |
---|
1233 | 1233 | | 18 (B) fifty percent (50%) of the excess shall be paid to the |
---|
1234 | 1234 | | 19 county in which the city is located; and |
---|
1235 | 1235 | | 20 (2) if the host unit is a county, the excess shall remain with the |
---|
1236 | 1236 | | 21 county. |
---|
1237 | 1237 | | 22 A host unit's county convention and visitors bureau or promotion |
---|
1238 | 1238 | | 23 fund is not eligible to receive a distribution of any excess amounts |
---|
1239 | 1239 | | 24 under this subsection. |
---|
1240 | 1240 | | 25 Sec. 5. This section applies only to tax revenue distributed under |
---|
1241 | 1241 | | 26 section 3 of this chapter. Money paid to a unit of local government |
---|
1242 | 1242 | | 27 under section 3 of this chapter: |
---|
1243 | 1243 | | 28 (1) must be paid to the fiscal officer of the unit of local |
---|
1244 | 1244 | | 29 government; |
---|
1245 | 1245 | | 30 (2) may not be used to reduce the unit of local government's |
---|
1246 | 1246 | | 31 maximum levy under IC 6-1.1-18.5 but may be used at the |
---|
1247 | 1247 | | 32 discretion of the unit of local government to reduce the |
---|
1248 | 1248 | | 33 property tax levy of the unit of local government for a |
---|
1249 | 1249 | | 34 particular year; |
---|
1250 | 1250 | | 35 (3) may be deposited in a special fund or allocation fund |
---|
1251 | 1251 | | 36 created under IC 8-22-3.5, IC 36-7-14, IC 36-7-14.5, |
---|
1252 | 1252 | | 37 IC 36-7-15.1, and IC 36-7-30 to provide funding for debt |
---|
1253 | 1253 | | 38 repayment; |
---|
1254 | 1254 | | 39 (4) may be used to fund sewer and water projects, including |
---|
1255 | 1255 | | 40 storm water management projects; |
---|
1256 | 1256 | | 41 (5) may be used for police and fire pensions; |
---|
1257 | 1257 | | 42 (6) may be used for any other legal or corporate purpose of |
---|
1258 | 1258 | | 2024 IN 1161—LS 6491/DI 125 30 |
---|
1259 | 1259 | | 1 the unit of local government, including the pledge of money to |
---|
1260 | 1260 | | 2 bonds, leases, or other obligations under IC 5-1-14-4; and |
---|
1261 | 1261 | | 3 (7) is considered miscellaneous revenue. |
---|
1262 | 1262 | | 4 Sec. 6. (a) This section applies only to tax revenue distributed |
---|
1263 | 1263 | | 5 under section 4 of this chapter to Lake County, Hammond, Gary, |
---|
1264 | 1264 | | 6 and East Chicago. |
---|
1265 | 1265 | | 7 (b) A host unit that receives a distribution under section 4 of this |
---|
1266 | 1266 | | 8 chapter shall annually distribute three million five hundred |
---|
1267 | 1267 | | 9 thousand dollars ($3,500,000) from the amount received under |
---|
1268 | 1268 | | 10 section 4 of this chapter to the northwest Indiana regional |
---|
1269 | 1269 | | 11 development authority toward satisfying the host unit's funding |
---|
1270 | 1270 | | 12 obligation. |
---|
1271 | 1271 | | 13 Sec. 7. (a) This section applies only to tax revenue distributed |
---|
1272 | 1272 | | 14 under section 4 of this chapter to Vigo County and the city of Terre |
---|
1273 | 1273 | | 15 Haute. |
---|
1274 | 1274 | | 16 (b) Tax revenue distributed under section 4 of this chapter to |
---|
1275 | 1275 | | 17 Vigo County and the city of Terre Haute shall be divided according |
---|
1276 | 1276 | | 18 to the following: |
---|
1277 | 1277 | | 19 (1) Forty percent (40%) to the city of Terre Haute. |
---|
1278 | 1278 | | 20 (2) Thirty percent (30%) to Vigo County. |
---|
1279 | 1279 | | 21 (3) Fifteen percent (15%) to the Vigo County school |
---|
1280 | 1280 | | 22 corporation. |
---|
1281 | 1281 | | 23 (4) Fifteen percent (15%) to West Central 2025. |
---|
1282 | 1282 | | 24 (c) Money paid to a city or county under subsection (b): |
---|
1283 | 1283 | | 25 (1) must be paid to the fiscal officer of the host unit and may |
---|
1284 | 1284 | | 26 be deposited in the host unit's general fund or a riverboat |
---|
1285 | 1285 | | 27 fund established by the city or county under IC 36-1-8-9, or |
---|
1286 | 1286 | | 28 both; |
---|
1287 | 1287 | | 29 (2) may not be used to reduce the host unit's maximum levy |
---|
1288 | 1288 | | 30 under IC 6-1.1-18.5 but may be used at the discretion of the |
---|
1289 | 1289 | | 31 host unit to reduce the property tax levy of the host unit for a |
---|
1290 | 1290 | | 32 particular year; |
---|
1291 | 1291 | | 33 (3) may be used for any legal or corporate purpose of the host |
---|
1292 | 1292 | | 34 unit, including the pledge of money to bonds, leases, or other |
---|
1293 | 1293 | | 35 obligations under IC 5-1-14-4; and |
---|
1294 | 1294 | | 36 (4) is considered miscellaneous revenue. |
---|
1295 | 1295 | | 37 (d) Money paid to the Vigo County school corporation under |
---|
1296 | 1296 | | 38 subsection (b)(3): |
---|
1297 | 1297 | | 39 (1) may be used for any legal or corporate purpose of the |
---|
1298 | 1298 | | 40 school corporation, including the pledge of money to bonds, |
---|
1299 | 1299 | | 41 leases, or other obligations under IC 5-1-14-4; and |
---|
1300 | 1300 | | 42 (2) is considered miscellaneous revenue. |
---|
1301 | 1301 | | 2024 IN 1161—LS 6491/DI 125 31 |
---|
1302 | 1302 | | 1 (e) Money paid to West Central 2025 under subsection (b)(4) |
---|
1303 | 1303 | | 2 must be used for the development and implementation of a regional |
---|
1304 | 1304 | | 3 economic development strategy that: |
---|
1305 | 1305 | | 4 (1) assists the residents of Vigo County and the other |
---|
1306 | 1306 | | 5 participating counties in West Central 2025 in improving the |
---|
1307 | 1307 | | 6 quality of life in the region; and |
---|
1308 | 1308 | | 7 (2) promotes successful and sustainable communities. |
---|
1309 | 1309 | | 8 (f) The fiscal officer of West Central 2025 shall submit an |
---|
1310 | 1310 | | 9 annual report to the Indiana economic development corporation |
---|
1311 | 1311 | | 10 concerning the organization's use of the money received under |
---|
1312 | 1312 | | 11 subsection (b)(4) and the development and implementation of the |
---|
1313 | 1313 | | 12 regional economic development strategy required by subsection (e). |
---|
1314 | 1314 | | 13 Sec. 8. (a) After funds are appropriated in the biennial budget |
---|
1315 | 1315 | | 14 act from the gaming revenue fund to the commission for purposes |
---|
1316 | 1316 | | 15 of administering IC 4-33, the state comptroller shall quarterly |
---|
1317 | 1317 | | 16 transfer an amount equal to two and fifteen-hundredths percent |
---|
1318 | 1318 | | 17 (2.15%) of the money in the gaming revenue fund to an account |
---|
1319 | 1319 | | 18 established in the gaming revenue fund to be appropriated for |
---|
1320 | 1320 | | 19 distributions to entities for use as determined by the general |
---|
1321 | 1321 | | 20 assembly. Each year during the regular session of the general |
---|
1322 | 1322 | | 21 assembly, an entity may submit a request to the: |
---|
1323 | 1323 | | 22 (1) house committee on ways and means; and |
---|
1324 | 1324 | | 23 (2) senate committee on appropriations; |
---|
1325 | 1325 | | 24 proposing a distribution be made from the amount under this |
---|
1326 | 1326 | | 25 subsection and the purposes for which the distribution must be |
---|
1327 | 1327 | | 26 used. |
---|
1328 | 1328 | | 27 (b) The following must receive a preference in determining any |
---|
1329 | 1329 | | 28 distributions under this section: |
---|
1330 | 1330 | | 29 (1) The state fair commission. |
---|
1331 | 1331 | | 30 (2) The northwest Indiana law enforcement training center. |
---|
1332 | 1332 | | 31 (3) The division of mental health and addiction. |
---|
1333 | 1333 | | 32 (4) The economic development fund established under |
---|
1334 | 1334 | | 33 IC 5-28-8. |
---|
1335 | 1335 | | 34 (5) Purdue University School of Veterinary Medicine. |
---|
1336 | 1336 | | 35 (6) Indiana Horse Racing Commission. |
---|
1337 | 1337 | | 36 (7) Entities that promote and develop the livestock industry. |
---|
1338 | 1338 | | 37 SECTION 22. IC 6-1.1-4-31.5, AS AMENDED BY P.L.181-2023, |
---|
1339 | 1339 | | 38 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
1340 | 1340 | | 39 JULY 1, 2024]: Sec. 31.5. (a) As used in this section, "department" |
---|
1341 | 1341 | | 40 refers to the department of local government finance. |
---|
1342 | 1342 | | 41 (b) If the department makes a determination and informs local |
---|
1343 | 1343 | | 42 officials under section 31(c) of this chapter, the department may order |
---|
1344 | 1344 | | 2024 IN 1161—LS 6491/DI 125 32 |
---|
1345 | 1345 | | 1 a state conducted assessment or reassessment in the county subject to |
---|
1346 | 1346 | | 2 the time limitation in that subsection. |
---|
1347 | 1347 | | 3 (c) If the department orders a state conducted assessment or |
---|
1348 | 1348 | | 4 reassessment in a county, the department shall assume the duties of the |
---|
1349 | 1349 | | 5 county assessor. Notwithstanding sections 15 and 17 of this chapter, a |
---|
1350 | 1350 | | 6 county assessor subject to an order issued under this section may not |
---|
1351 | 1351 | | 7 assess property or have property assessed for the assessment or under |
---|
1352 | 1352 | | 8 a county's reassessment plan prepared under section 4.2 of this chapter. |
---|
1353 | 1353 | | 9 Until the state conducted assessment or reassessment is completed |
---|
1354 | 1354 | | 10 under this section, the assessment or reassessment duties of the county |
---|
1355 | 1355 | | 11 assessor are limited to providing the department or a contractor of the |
---|
1356 | 1356 | | 12 department the support and information requested by the department |
---|
1357 | 1357 | | 13 or the contractor. |
---|
1358 | 1358 | | 14 (d) Before assuming the duties of a county assessor, the department |
---|
1359 | 1359 | | 15 shall transmit a copy of the department's order requiring a state |
---|
1360 | 1360 | | 16 conducted assessment or reassessment to the county assessor, the |
---|
1361 | 1361 | | 17 county fiscal body, the county auditor, and the county treasurer. Notice |
---|
1362 | 1362 | | 18 of the department's actions must be published one (1) time in a |
---|
1363 | 1363 | | 19 newspaper of general circulation published in the county. The |
---|
1364 | 1364 | | 20 department is not required to conduct a public hearing before taking |
---|
1365 | 1365 | | 21 action under this section. |
---|
1366 | 1366 | | 22 (e) A county assessor subject to an order issued under this section |
---|
1367 | 1367 | | 23 shall, at the request of the department or the department's contractor, |
---|
1368 | 1368 | | 24 make available and provide access to all: |
---|
1369 | 1369 | | 25 (1) data; |
---|
1370 | 1370 | | 26 (2) records; |
---|
1371 | 1371 | | 27 (3) maps; |
---|
1372 | 1372 | | 28 (4) parcel record cards; |
---|
1373 | 1373 | | 29 (5) forms; |
---|
1374 | 1374 | | 30 (6) computer software systems; |
---|
1375 | 1375 | | 31 (7) computer hardware systems; and |
---|
1376 | 1376 | | 32 (8) other information; |
---|
1377 | 1377 | | 33 related to the assessment or reassessment of real property in the county. |
---|
1378 | 1378 | | 34 The information described in this subsection must be provided at no |
---|
1379 | 1379 | | 35 cost to the department or the contractor of the department. A failure to |
---|
1380 | 1380 | | 36 provide information requested under this subsection constitutes a |
---|
1381 | 1381 | | 37 failure to perform a duty related to an assessment or under a county's |
---|
1382 | 1382 | | 38 reassessment plan prepared under section 4.2 of this chapter and is |
---|
1383 | 1383 | | 39 subject to IC 6-1.1-37-2. |
---|
1384 | 1384 | | 40 (f) The department may enter into a contract with a professional |
---|
1385 | 1385 | | 41 appraising firm to conduct an assessment or reassessment under this |
---|
1386 | 1386 | | 42 section. If a county entered into a contract with a professional |
---|
1387 | 1387 | | 2024 IN 1161—LS 6491/DI 125 33 |
---|
1388 | 1388 | | 1 appraising firm to conduct the county's assessment or reassessment |
---|
1389 | 1389 | | 2 before the department orders a state conducted assessment or |
---|
1390 | 1390 | | 3 reassessment in the county under this section, the contract: |
---|
1391 | 1391 | | 4 (1) is as valid as if it had been entered into by the department; and |
---|
1392 | 1392 | | 5 (2) shall be treated as the contract of the department. |
---|
1393 | 1393 | | 6 (g) After receiving the report of assessed values from the appraisal |
---|
1394 | 1394 | | 7 firm acting under a contract described in subsection (f), the department |
---|
1395 | 1395 | | 8 shall give notice to the taxpayer and the county assessor, by mail, of the |
---|
1396 | 1396 | | 9 amount of the assessment or reassessment. The notice of assessment or |
---|
1397 | 1397 | | 10 reassessment: |
---|
1398 | 1398 | | 11 (1) is subject to appeal by the taxpayer under section 31.7 of this |
---|
1399 | 1399 | | 12 chapter; and |
---|
1400 | 1400 | | 13 (2) must include a statement of the taxpayer's rights under section |
---|
1401 | 1401 | | 14 31.7 of this chapter. |
---|
1402 | 1402 | | 15 (h) The department shall forward a bill for services provided under |
---|
1403 | 1403 | | 16 a contract described in subsection (f) to the auditor of the county in |
---|
1404 | 1404 | | 17 which the state conducted reassessment occurs. The county shall pay |
---|
1405 | 1405 | | 18 the bill under the procedures prescribed by subsection (i). |
---|
1406 | 1406 | | 19 (i) A county subject to an order issued under this section shall pay |
---|
1407 | 1407 | | 20 the cost of a contract described in subsection (f), without appropriation, |
---|
1408 | 1408 | | 21 from the county property reassessment fund. A contractor may |
---|
1409 | 1409 | | 22 periodically submit bills for partial payment of work performed under |
---|
1410 | 1410 | | 23 the contract. Notwithstanding any other law, a contractor is entitled to |
---|
1411 | 1411 | | 24 payment under this subsection for work performed under a contract if |
---|
1412 | 1412 | | 25 the contractor: |
---|
1413 | 1413 | | 26 (1) submits to the department a fully itemized, certified bill in the |
---|
1414 | 1414 | | 27 form required by IC 5-11-10-1 for the costs of the work performed |
---|
1415 | 1415 | | 28 under the contract; |
---|
1416 | 1416 | | 29 (2) obtains from the department: |
---|
1417 | 1417 | | 30 (A) approval of the form and amount of the bill; and |
---|
1418 | 1418 | | 31 (B) a certification that the billed goods and services have been |
---|
1419 | 1419 | | 32 received and comply with the contract; and |
---|
1420 | 1420 | | 33 (3) files with the county auditor: |
---|
1421 | 1421 | | 34 (A) a duplicate copy of the bill submitted to the department; |
---|
1422 | 1422 | | 35 (B) proof of the department's approval of the form and amount |
---|
1423 | 1423 | | 36 of the bill; and |
---|
1424 | 1424 | | 37 (C) the department's certification that the billed goods and |
---|
1425 | 1425 | | 38 services have been received and comply with the contract. |
---|
1426 | 1426 | | 39 The department's approval and certification of a bill under subdivision |
---|
1427 | 1427 | | 40 (2) shall be treated as conclusively resolving the merits of a contractor's |
---|
1428 | 1428 | | 41 claim. Upon receipt of the documentation described in subdivision (3), |
---|
1429 | 1429 | | 42 the county auditor shall immediately certify that the bill is true and |
---|
1430 | 1430 | | 2024 IN 1161—LS 6491/DI 125 34 |
---|
1431 | 1431 | | 1 correct without further audit and submit the claim to the county |
---|
1432 | 1432 | | 2 executive. The county executive shall allow the claim, in full, as |
---|
1433 | 1433 | | 3 approved by the department, without further examination of the merits |
---|
1434 | 1434 | | 4 of the claim in a regular or special session that is held not less than |
---|
1435 | 1435 | | 5 three (3) days and not more than seven (7) days after the date the claim |
---|
1436 | 1436 | | 6 is certified by the county fiscal officer if the procedures in IC 5-11-10-2 |
---|
1437 | 1437 | | 7 are used to approve the claim or the date the claim is placed on the |
---|
1438 | 1438 | | 8 claim docket under IC 36-2-6-4 if the procedures in IC 36-2-6-4 are |
---|
1439 | 1439 | | 9 used to approve the claim. Upon allowance of the claim by the county |
---|
1440 | 1440 | | 10 executive, the county auditor shall immediately issue a warrant or |
---|
1441 | 1441 | | 11 check for the full amount of the claim approved by the department. |
---|
1442 | 1442 | | 12 Compliance with this subsection constitutes compliance with |
---|
1443 | 1443 | | 13 IC 5-11-6-1, IC 5-11-10, and IC 36-2-6. The determination and |
---|
1444 | 1444 | | 14 payment of a claim in compliance with this subsection is not subject to |
---|
1445 | 1445 | | 15 remonstrance and appeal. IC 36-2-6-4(f) and IC 36-2-6-9 do not apply |
---|
1446 | 1446 | | 16 to a claim submitted under this subsection. IC 5-11-10-1.6(f) applies |
---|
1447 | 1447 | | 17 to a fiscal officer who pays a claim in compliance with this subsection. |
---|
1448 | 1448 | | 18 (j) Notwithstanding IC 4-13-2, a period of seven (7) days is |
---|
1449 | 1449 | | 19 permitted for each of the following to review and act under IC 4-13-2 |
---|
1450 | 1450 | | 20 on a contract of the department entered into under this section: |
---|
1451 | 1451 | | 21 (1) The commissioner of the Indiana department of |
---|
1452 | 1452 | | 22 administration. |
---|
1453 | 1453 | | 23 (2) The director of the budget agency. |
---|
1454 | 1454 | | 24 (3) The attorney general. |
---|
1455 | 1455 | | 25 (k) If money in the county's property reassessment fund is |
---|
1456 | 1456 | | 26 insufficient to pay for an assessment or reassessment conducted under |
---|
1457 | 1457 | | 27 this section, the department may increase the tax rate and tax levy of |
---|
1458 | 1458 | | 28 the county's property reassessment fund to pay the cost and expenses |
---|
1459 | 1459 | | 29 related to the assessment or reassessment. |
---|
1460 | 1460 | | 30 (l) The department or the contractor of the department shall use the |
---|
1461 | 1461 | | 31 land values determined under section 13.6 of this chapter for a county |
---|
1462 | 1462 | | 32 subject to an order issued under this section to the extent that the |
---|
1463 | 1463 | | 33 department or the contractor finds that the land values reflect the true |
---|
1464 | 1464 | | 34 tax value of land, as determined under this article and the rules of the |
---|
1465 | 1465 | | 35 department. If the department or the contractor finds that the land |
---|
1466 | 1466 | | 36 values determined for the county under section 13.6 of this chapter do |
---|
1467 | 1467 | | 37 not reflect the true tax value of land, the department or the contractor |
---|
1468 | 1468 | | 38 shall determine land values for the county that reflect the true tax value |
---|
1469 | 1469 | | 39 of land, as determined under this article and the rules of the |
---|
1470 | 1470 | | 40 department. Land values determined under this subsection shall be |
---|
1471 | 1471 | | 41 used to the same extent as if the land values had been determined under |
---|
1472 | 1472 | | 42 section 13.6 of this chapter. The department or the contractor of the |
---|
1473 | 1473 | | 2024 IN 1161—LS 6491/DI 125 35 |
---|
1474 | 1474 | | 1 department shall notify the county's assessing officials of the land |
---|
1475 | 1475 | | 2 values determined under this subsection. |
---|
1476 | 1476 | | 3 (m) A contractor of the department may notify the department if: |
---|
1477 | 1477 | | 4 (1) a county auditor fails to: |
---|
1478 | 1478 | | 5 (A) certify the contractor's bill; |
---|
1479 | 1479 | | 6 (B) publish the contractor's claim; |
---|
1480 | 1480 | | 7 (C) submit the contractor's claim to the county executive; or |
---|
1481 | 1481 | | 8 (D) issue a warrant or check for payment of the contractor's |
---|
1482 | 1482 | | 9 bill; |
---|
1483 | 1483 | | 10 as required by subsection (i) at the county auditor's first legal |
---|
1484 | 1484 | | 11 opportunity to do so; |
---|
1485 | 1485 | | 12 (2) a county executive fails to allow the contractor's claim as |
---|
1486 | 1486 | | 13 legally required by subsection (i) at the county executive's first |
---|
1487 | 1487 | | 14 legal opportunity to do so; or |
---|
1488 | 1488 | | 15 (3) a person or an entity authorized to act on behalf of the county |
---|
1489 | 1489 | | 16 takes or fails to take an action, including failure to request an |
---|
1490 | 1490 | | 17 appropriation, and that action or failure to act delays or halts |
---|
1491 | 1491 | | 18 progress under this section for payment of the contractor's bill. |
---|
1492 | 1492 | | 19 (n) The department, upon receiving notice under subsection (m) |
---|
1493 | 1493 | | 20 from a contractor of the department, shall: |
---|
1494 | 1494 | | 21 (1) verify the accuracy of the contractor's assertion in the notice |
---|
1495 | 1495 | | 22 that: |
---|
1496 | 1496 | | 23 (A) a failure occurred as described in subsection (m)(1) or |
---|
1497 | 1497 | | 24 (m)(2); or |
---|
1498 | 1498 | | 25 (B) a person or an entity acted or failed to act as described in |
---|
1499 | 1499 | | 26 subsection (m)(3); and |
---|
1500 | 1500 | | 27 (2) provide to the treasurer of state the department's approval |
---|
1501 | 1501 | | 28 under subsection (i)(2)(A) of the contractor's bill with respect to |
---|
1502 | 1502 | | 29 which the contractor gave notice under subsection (m). |
---|
1503 | 1503 | | 30 (o) Upon receipt of the department's approval of a contractor's bill |
---|
1504 | 1504 | | 31 under subsection (n), the treasurer of state shall pay the contractor the |
---|
1505 | 1505 | | 32 amount of the bill approved by the department from money in the |
---|
1506 | 1506 | | 33 possession of the state that would otherwise be available for |
---|
1507 | 1507 | | 34 distribution to the county, including distributions of admissions taxes |
---|
1508 | 1508 | | 35 or wagering taxes. |
---|
1509 | 1509 | | 36 (p) The treasurer of state shall withhold from the money that would |
---|
1510 | 1510 | | 37 be distributed under IC 4-33-12-6, IC 4-33-13-5, IC 4-40, or any other |
---|
1511 | 1511 | | 38 law to a county described in a notice provided under subsection (m) the |
---|
1512 | 1512 | | 39 amount of a payment made by the treasurer of state to the contractor of |
---|
1513 | 1513 | | 40 the department under subsection (o). Money shall be withheld from any |
---|
1514 | 1514 | | 41 source payable to the county. |
---|
1515 | 1515 | | 42 (q) Compliance with subsections (m) through (p) constitutes |
---|
1516 | 1516 | | 2024 IN 1161—LS 6491/DI 125 36 |
---|
1517 | 1517 | | 1 compliance with IC 5-11-10. |
---|
1518 | 1518 | | 2 (r) IC 5-11-10-1.6(f) applies to the treasurer of state with respect to |
---|
1519 | 1519 | | 3 the payment made in compliance with subsections (m) through (p). |
---|
1520 | 1520 | | 4 This subsection and subsections (m) through (p) must be interpreted |
---|
1521 | 1521 | | 5 liberally so that the state shall, to the extent legally valid, ensure that |
---|
1522 | 1522 | | 6 the contractual obligations of a county subject to this section are paid. |
---|
1523 | 1523 | | 7 Nothing in this section shall be construed to create a debt of the state. |
---|
1524 | 1524 | | 8 (s) The provisions of this section are severable as provided in |
---|
1525 | 1525 | | 9 IC 1-1-1-8(b). |
---|
1526 | 1526 | | 10 SECTION 23. IC 6-3.1-20-7, AS AMENDED BY P.L.156-2020, |
---|
1527 | 1527 | | 11 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
1528 | 1528 | | 12 JULY 1, 2024]: Sec. 7. (a) The department shall before July 1 of each |
---|
1529 | 1529 | | 13 year determine the following: |
---|
1530 | 1530 | | 14 (1) The greater of: |
---|
1531 | 1531 | | 15 (A) eight million five hundred thousand dollars ($8,500,000); |
---|
1532 | 1532 | | 16 or |
---|
1533 | 1533 | | 17 (B) the amount of credits allowed under this chapter for |
---|
1534 | 1534 | | 18 taxable years ending before January 1 of the year. |
---|
1535 | 1535 | | 19 (2) The quotient of: |
---|
1536 | 1536 | | 20 (A) the amount determined under subdivision (1); divided by |
---|
1537 | 1537 | | 21 (B) four (4). |
---|
1538 | 1538 | | 22 (b) Except as provided in subsection (d), one-half (1/2) of the |
---|
1539 | 1539 | | 23 amount determined by the department under subsection (a)(2) shall be: |
---|
1540 | 1540 | | 24 (1) deducted each quarter from: |
---|
1541 | 1541 | | 25 (A) for tax revenue collected before July 1, 2024, the |
---|
1542 | 1542 | | 26 riverboat supplemental wagering tax revenue otherwise |
---|
1543 | 1543 | | 27 payable to the county under IC 4-33-12-8 and the |
---|
1544 | 1544 | | 28 supplemental distribution otherwise payable to the county |
---|
1545 | 1545 | | 29 under IC 4-33-13-5(f); and |
---|
1546 | 1546 | | 30 (B) for tax revenue collected after June 30, 2024, from the |
---|
1547 | 1547 | | 31 distributions otherwise payable to the county under |
---|
1548 | 1548 | | 32 IC 4-40; and |
---|
1549 | 1549 | | 33 (2) paid instead to the state general fund. |
---|
1550 | 1550 | | 34 (c) Except as provided in subsection (d), one-sixth (1/6) of the |
---|
1551 | 1551 | | 35 amount determined by the department under subsection (a)(2) shall be: |
---|
1552 | 1552 | | 36 (1) deducted each quarter from, for tax revenue collected before |
---|
1553 | 1553 | | 37 July 1, 2024, the riverboat supplemental wagering tax revenue |
---|
1554 | 1554 | | 38 otherwise payable under IC 4-33-12-8 and the supplemental |
---|
1555 | 1555 | | 39 distribution otherwise payable under IC 4-33-13-5(f), and for tax |
---|
1556 | 1556 | | 40 revenue collected after June 30, 2024, from the distributions |
---|
1557 | 1557 | | 41 otherwise payable to the county under IC 4-40, to each of the |
---|
1558 | 1558 | | 42 following: |
---|
1559 | 1559 | | 2024 IN 1161—LS 6491/DI 125 37 |
---|
1560 | 1560 | | 1 (A) The largest city by population located in the county. |
---|
1561 | 1561 | | 2 (B) The second largest city by population located in the |
---|
1562 | 1562 | | 3 county. |
---|
1563 | 1563 | | 4 (C) The third largest city by population located in the county; |
---|
1564 | 1564 | | 5 and |
---|
1565 | 1565 | | 6 (2) paid instead to the state general fund. |
---|
1566 | 1566 | | 7 (d) If the amount determined by the department under subsection |
---|
1567 | 1567 | | 8 (a)(1)(B) is less than eight million five hundred thousand dollars |
---|
1568 | 1568 | | 9 ($8,500,000), the difference of: |
---|
1569 | 1569 | | 10 (1) eight million five hundred thousand dollars ($8,500,000); |
---|
1570 | 1570 | | 11 minus |
---|
1571 | 1571 | | 12 (2) the amount determined by the department under subsection |
---|
1572 | 1572 | | 13 (a)(1)(B); |
---|
1573 | 1573 | | 14 shall be paid in four (4) equal quarterly payments to the northwest |
---|
1574 | 1574 | | 15 Indiana regional development authority established by IC 36-7.5-2-1 |
---|
1575 | 1575 | | 16 instead of the state general fund. Any amounts paid under this |
---|
1576 | 1576 | | 17 subsection shall be used by the northwest Indiana regional |
---|
1577 | 1577 | | 18 development authority only to establish or improve public mass rail |
---|
1578 | 1578 | | 19 transportation systems in Lake County. |
---|
1579 | 1579 | | 20 SECTION 24. IC 6-8.1-3-17, AS AMENDED BY P.L.146-2020, |
---|
1580 | 1580 | | 21 SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
1581 | 1581 | | 22 JULY 1, 2024]: Sec. 17. (a) Before an original tax appeal is filed with |
---|
1582 | 1582 | | 23 the tax court under IC 33-26, the commissioner, or the taxpayer rights |
---|
1583 | 1583 | | 24 advocate office to the extent granted the authority by the commissioner, |
---|
1584 | 1584 | | 25 may settle any tax liability dispute if a substantial doubt exists as to: |
---|
1585 | 1585 | | 26 (1) the constitutionality of the tax under the Constitution of the |
---|
1586 | 1586 | | 27 State of Indiana; |
---|
1587 | 1587 | | 28 (2) the right to impose the tax; |
---|
1588 | 1588 | | 29 (3) the correct amount of tax due; |
---|
1589 | 1589 | | 30 (4) the collectability of the tax; or |
---|
1590 | 1590 | | 31 (5) whether the taxpayer is a resident or nonresident of Indiana. |
---|
1591 | 1591 | | 32 (b) After an original tax appeal is filed with the tax court under |
---|
1592 | 1592 | | 33 IC 33-26, and notwithstanding IC 4-6-2-11, the commissioner may |
---|
1593 | 1593 | | 34 settle a tax liability dispute with an amount in contention of twenty-five |
---|
1594 | 1594 | | 35 thousand dollars ($25,000) or less. Notwithstanding IC 6-8.1-7-1(a), |
---|
1595 | 1595 | | 36 the terms of a settlement under this subsection are available for public |
---|
1596 | 1596 | | 37 inspection. |
---|
1597 | 1597 | | 38 (c) The department shall establish an amnesty program for taxpayers |
---|
1598 | 1598 | | 39 having an unpaid tax liability for a listed tax that was due and payable |
---|
1599 | 1599 | | 40 for a tax period ending before January 1, 2013. A taxpayer is not |
---|
1600 | 1600 | | 41 eligible for the amnesty program: |
---|
1601 | 1601 | | 42 (1) for any tax liability resulting from the taxpayer's failure to |
---|
1602 | 1602 | | 2024 IN 1161—LS 6491/DI 125 38 |
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1603 | 1603 | | 1 comply with IC 6-3-1-3.5(b)(3) with regard to the tax imposed by |
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1604 | 1604 | | 2 IC 4-33-13, or IC 4-35-8, or IC 4-40; or |
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1605 | 1605 | | 3 (2) if the taxpayer participated in any previous amnesty program |
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1606 | 1606 | | 4 under: |
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1607 | 1607 | | 5 (A) this section (as in effect on December 31, 2014); or |
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1608 | 1608 | | 6 (B) IC 6-2.5-14. |
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1609 | 1609 | | 7 The time in which a voluntary payment of tax liability may be made (or |
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1610 | 1610 | | 8 the taxpayer may enter into a payment program acceptable to the |
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1611 | 1611 | | 9 department for the payment of the unpaid listed taxes in full in the |
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1612 | 1612 | | 10 manner and time established in a written payment program agreement |
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1613 | 1613 | | 11 between the department and the taxpayer) under the amnesty program |
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1614 | 1614 | | 12 is limited to the period determined by the department, not to exceed |
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1615 | 1615 | | 13 eight (8) regular business weeks ending before the earlier of the date |
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1616 | 1616 | | 14 set by the department or January 1, 2017. The amnesty program must |
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1617 | 1617 | | 15 provide that, upon payment by a taxpayer to the department of all listed |
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1618 | 1618 | | 16 taxes due from the taxpayer for a tax period (or payment of the unpaid |
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1619 | 1619 | | 17 listed taxes in full in the manner and time established in a written |
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1620 | 1620 | | 18 payment program agreement between the department and the taxpayer), |
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1621 | 1621 | | 19 entry into an agreement that the taxpayer is not eligible for any other |
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1622 | 1622 | | 20 amnesty program that may be established and waives any part of |
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1623 | 1623 | | 21 interest and penalties on the same type of listed tax that is being |
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1624 | 1624 | | 22 granted amnesty in the current amnesty program, and compliance with |
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1625 | 1625 | | 23 all other amnesty conditions adopted under a rule of the department in |
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1626 | 1626 | | 24 effect on the date the voluntary payment is made, the department: |
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1627 | 1627 | | 25 (1) shall abate and not seek to collect any interest, penalties, |
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1628 | 1628 | | 26 collection fees, or costs that would otherwise be applicable; |
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1629 | 1629 | | 27 (2) shall release any liens imposed; |
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1630 | 1630 | | 28 (3) shall not seek civil or criminal prosecution against any |
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1631 | 1631 | | 29 individual or entity; and |
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1632 | 1632 | | 30 (4) shall not issue, or, if issued, shall withdraw, an assessment, a |
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1633 | 1633 | | 31 demand notice, or a warrant for payment under IC 6-8.1-5-1, |
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1634 | 1634 | | 32 IC 6-8.1-5-3, IC 6-8.1-8-2, or another law against any individual |
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1635 | 1635 | | 33 or entity; |
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1636 | 1636 | | 34 for listed taxes due from the taxpayer for the tax period for which |
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1637 | 1637 | | 35 amnesty has been granted to the taxpayer. Amnesty granted under this |
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1638 | 1638 | | 36 subsection is binding on the state and its agents. However, failure to |
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1639 | 1639 | | 37 pay to the department all listed taxes due for a tax period invalidates |
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1640 | 1640 | | 38 any amnesty granted under this subsection for that tax period. The |
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1641 | 1641 | | 39 department shall conduct an assessment of the impact of the tax |
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1642 | 1642 | | 40 amnesty program on tax collections and an analysis of the costs of |
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1643 | 1643 | | 41 administering the tax amnesty program. As soon as practicable after the |
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1644 | 1644 | | 42 end of the tax amnesty period, the department shall submit a copy of |
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1645 | 1645 | | 2024 IN 1161—LS 6491/DI 125 39 |
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1646 | 1646 | | 1 the assessment and analysis to the legislative council in an electronic |
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1647 | 1647 | | 2 format under IC 5-14-6. The department shall enforce an agreement |
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1648 | 1648 | | 3 with a taxpayer that prohibits the taxpayer from receiving amnesty in |
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1649 | 1649 | | 4 another amnesty program. |
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1650 | 1650 | | 5 (d) For purposes of subsection (c), a liability for a listed tax is due |
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1651 | 1651 | | 6 and payable if: |
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1652 | 1652 | | 7 (1) the department has issued: |
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1653 | 1653 | | 8 (A) an assessment of the listed tax under IC 6-8.1-5-1; |
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1654 | 1654 | | 9 (B) a demand for payment under IC 6-8.1-5-3; or |
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1655 | 1655 | | 10 (C) a demand notice for payment of the listed tax under |
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1656 | 1656 | | 11 IC 6-8.1-8-2; |
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1657 | 1657 | | 12 (2) the taxpayer has filed a return or an amended return in which |
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1658 | 1658 | | 13 the taxpayer has reported a liability for the listed tax; or |
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1659 | 1659 | | 14 (3) the taxpayer has filed a written statement of liability for the |
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1660 | 1660 | | 15 listed tax in a form that is satisfactory to the department. |
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1661 | 1661 | | 16 (e) The department may waive interest and penalties if the general |
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1662 | 1662 | | 17 assembly enacts a change in a listed tax for a tax period that increases |
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1663 | 1663 | | 18 a taxpayer's tax liability for that listed tax after the due date for that |
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1664 | 1664 | | 19 listed tax and tax period. However, such a waiver shall apply only to |
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1665 | 1665 | | 20 the extent of the increase in tax liability and only for a period not |
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1666 | 1666 | | 21 exceeding sixty (60) days after the change is enacted. The department |
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1667 | 1667 | | 22 may adopt rules, including emergency rules, or issue guidelines to carry |
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1668 | 1668 | | 23 out this subsection. |
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1669 | 1669 | | 24 SECTION 25. IC 20-26-5-22.5, AS AMENDED BY P.L.244-2017, |
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1670 | 1670 | | 25 SECTION 45, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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1671 | 1671 | | 26 JULY 1, 2024]: Sec. 22.5. (a) A school corporation may participate in |
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1672 | 1672 | | 27 the establishment of a public school foundation. |
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1673 | 1673 | | 28 (b) The governing body of a school corporation may receive the |
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1674 | 1674 | | 29 proceeds of a grant, a restricted gift, an unrestricted gift, a donation, an |
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1675 | 1675 | | 30 endowment, a bequest, a trust, an agreement to share tax revenue |
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1676 | 1676 | | 31 received by a city or county under IC 4-33-12-6, or IC 4-33-13, or |
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1677 | 1677 | | 32 IC 4-40, or other funds not generated from taxes levied by the school |
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1678 | 1678 | | 33 corporation to create a foundation under the following conditions: |
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1679 | 1679 | | 34 (1) The foundation is: |
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1680 | 1680 | | 35 (A) exempt from federal income taxation under Section |
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1681 | 1681 | | 36 501(c)(3) of the Internal Revenue Code; and |
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1682 | 1682 | | 37 (B) organized as an Indiana nonprofit corporation for the |
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1683 | 1683 | | 38 purposes of providing educational funds for scholarships, |
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1684 | 1684 | | 39 teacher education, capital programs, and special programs for |
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1685 | 1685 | | 40 school corporations. |
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1686 | 1686 | | 41 (2) Except as provided in subdivision (3), the foundation retains |
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1687 | 1687 | | 42 all rights to a donation, including investment powers. The |
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1688 | 1688 | | 2024 IN 1161—LS 6491/DI 125 40 |
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1689 | 1689 | | 1 foundation may hold a donation as a permanent endowment. |
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1690 | 1690 | | 2 (3) The foundation agrees to do the following: |
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1691 | 1691 | | 3 (A) Distribute the income from a donation only to the school |
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1692 | 1692 | | 4 corporation. |
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1693 | 1693 | | 5 (B) Return a donation to the operations fund of the school |
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1694 | 1694 | | 6 corporation if the foundation: |
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1695 | 1695 | | 7 (i) loses the foundation's status as a foundation exempt from |
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1696 | 1696 | | 8 federal income taxation under Section 501(c)(3) of the |
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1697 | 1697 | | 9 Internal Revenue Code; |
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1698 | 1698 | | 10 (ii) is liquidated; or |
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1699 | 1699 | | 11 (iii) violates any condition set forth in this subdivision. |
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1700 | 1700 | | 12 (c) A school corporation may use the proceeds received under this |
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1701 | 1701 | | 13 section from a foundation only for educational purposes of the school |
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1702 | 1702 | | 14 corporation described in subsection (b)(1)(B). |
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1703 | 1703 | | 15 (d) The governing body of the school corporation may appoint |
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1704 | 1704 | | 16 members to the foundation. |
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1705 | 1705 | | 17 (e) The treasurer of the governing body of the school corporation |
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1706 | 1706 | | 18 may serve as the treasurer of the foundation. |
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1707 | 1707 | | 19 SECTION 26. IC 20-47-1-1, AS ADDED BY P.L.2-2006, |
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1708 | 1708 | | 20 SECTION 170, IS AMENDED TO READ AS FOLLOWS |
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1709 | 1709 | | 21 [EFFECTIVE JULY 1, 2024]: Sec. 1. As used in this chapter, |
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1710 | 1710 | | 22 "proceeds from riverboat gaming" means tax revenue received by a |
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1711 | 1711 | | 23 political subdivision under IC 4-33-12-6, IC 4-33-13, IC 4-40, or an |
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1712 | 1712 | | 24 agreement to share a city's or county's part of the tax revenue. |
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1713 | 1713 | | 25 SECTION 27. IC 20-47-1-5, AS AMENDED BY P.L.244-2017, |
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1714 | 1714 | | 26 SECTION 107, IS AMENDED TO READ AS FOLLOWS |
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1715 | 1715 | | 27 [EFFECTIVE JULY 1, 2024]: Sec. 5. (a) The governing body of a |
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1716 | 1716 | | 28 school corporation may donate the proceeds of a grant, a gift, a |
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1717 | 1717 | | 29 donation, an endowment, a bequest, a trust, an agreement to share tax |
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1718 | 1718 | | 30 revenue received by a city or county under IC 4-33-12-6, or IC 4-33-13, |
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1719 | 1719 | | 31 or IC 4-40, or an agreement to share revenue received by a political |
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1720 | 1720 | | 32 subdivision under IC 4-35-8.5, or other funds not generated from taxes |
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1721 | 1721 | | 33 levied by the school corporation, to a foundation under the following |
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1722 | 1722 | | 34 conditions: |
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1723 | 1723 | | 35 (1) The foundation is a charitable nonprofit community |
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1724 | 1724 | | 36 foundation. |
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1725 | 1725 | | 37 (2) The foundation retains all rights to the donation, including |
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1726 | 1726 | | 38 investment powers, except as provided in subdivision (3). |
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1727 | 1727 | | 39 (3) The foundation agrees to do the following: |
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1728 | 1728 | | 40 (A) Hold the donation as a permanent endowment. |
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1729 | 1729 | | 41 (B) Distribute the income from the donation only to the school |
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1730 | 1730 | | 42 corporation as directed by resolution of the governing body of |
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1731 | 1731 | | 2024 IN 1161—LS 6491/DI 125 41 |
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1732 | 1732 | | 1 the school corporation. |
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1733 | 1733 | | 2 (C) Return the donation to the operations fund of the school |
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1734 | 1734 | | 3 corporation if the foundation: |
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1735 | 1735 | | 4 (i) loses the foundation's status as a public charitable |
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1736 | 1736 | | 5 organization; |
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1737 | 1737 | | 6 (ii) is liquidated; or |
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1738 | 1738 | | 7 (iii) violates any condition of the endowment set by the |
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1739 | 1739 | | 8 governing body of the school corporation. |
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1740 | 1740 | | 9 (b) A school corporation may use income received under this |
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1741 | 1741 | | 10 section from a community foundation only for purposes of the school |
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1742 | 1742 | | 11 corporation. |
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1743 | 1743 | | 12 SECTION 28. IC 36-1-8-9, AS AMENDED BY P.L.199-2005, |
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1744 | 1744 | | 13 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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1745 | 1745 | | 14 JULY 1, 2024]: Sec. 9. (a) Each unit that receives: |
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1746 | 1746 | | 15 (1) tax revenue under IC 4-33-12-6, or IC 4-33-13, or IC 4-40; |
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1747 | 1747 | | 16 (2) revenue under an agreement to share the tax revenue received |
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1748 | 1748 | | 17 under IC 4-33-12, or IC 4-33-13, or IC 4-40 by another unit; or |
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1749 | 1749 | | 18 (3) revenue under a development agreement (as defined in section |
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1750 | 1750 | | 19 9.5 of this chapter); |
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1751 | 1751 | | 20 may establish a riverboat fund. Money in the fund may be used for any |
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1752 | 1752 | | 21 legal or corporate purpose of the unit. |
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1753 | 1753 | | 22 (b) The riverboat fund established under subsection (a) shall be |
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1754 | 1754 | | 23 administered by the unit's treasurer, and the expenses of administering |
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1755 | 1755 | | 24 the fund shall be paid from money in the fund. Money in the fund not |
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1756 | 1756 | | 25 currently needed to meet the obligations of the fund may be invested |
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1757 | 1757 | | 26 in the same manner as other public funds may be invested. Interest that |
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1758 | 1758 | | 27 accrues from these investments shall be deposited in the fund. Money |
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1759 | 1759 | | 28 in the fund at the end of a particular fiscal year does not revert to the |
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1760 | 1760 | | 29 unit's general fund. |
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1761 | 1761 | | 30 SECTION 29. IC 36-1-8-9.2, AS ADDED BY P.L.142-2009, |
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1762 | 1762 | | 31 SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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1763 | 1763 | | 32 JULY 1, 2024]: Sec. 9.2. (a) Each unit that receives: |
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1764 | 1764 | | 33 (1) tax revenue under IC 4-35-8.5 or IC 4-40; or |
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1765 | 1765 | | 34 (2) revenue under an agreement to share the tax revenue received |
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1766 | 1766 | | 35 under IC 4-35-8.5 or IC 4-40 by another unit; |
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1767 | 1767 | | 36 shall establish a fund, separate from the unit's general fund, into which |
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1768 | 1768 | | 37 the revenue shall be deposited. Money in the fund may be used for any |
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1769 | 1769 | | 38 legal or corporate purpose of the unit. |
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1770 | 1770 | | 39 (b) The fund established by subsection (a) shall be administered by |
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1771 | 1771 | | 40 the unit's treasurer, and the expenses of administering the fund shall be |
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1772 | 1772 | | 41 paid from money in the fund. Money in the fund not currently needed |
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1773 | 1773 | | 42 to meet the obligations of the fund may be invested in the same manner |
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1774 | 1774 | | 2024 IN 1161—LS 6491/DI 125 42 |
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1775 | 1775 | | 1 as other public funds may be invested. Interest that accrues from these |
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1776 | 1776 | | 2 investments shall be deposited in the fund. Money in the fund at the |
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1777 | 1777 | | 3 end of a particular fiscal year does not revert to the unit's general fund. |
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1778 | 1778 | | 4 SECTION 30. IC 36-1-14-1, AS AMENDED BY P.L.114-2017, |
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1779 | 1779 | | 5 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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1780 | 1780 | | 6 JULY 1, 2024]: Sec. 1. (a) This section does not apply to donations of |
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1781 | 1781 | | 7 gaming revenue to a public school endowment corporation under |
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1782 | 1782 | | 8 IC 20-47-1-3. |
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1783 | 1783 | | 9 (b) As used in this section, "gaming revenue" means either of the |
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1784 | 1784 | | 10 following: |
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1785 | 1785 | | 11 (1) Tax revenue received by a unit under IC 4-33-12-6, |
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1786 | 1786 | | 12 IC 4-33-13, IC 4-40, or an agreement to share a city's or county's |
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1787 | 1787 | | 13 part of the tax revenue. |
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1788 | 1788 | | 14 (2) Revenue received by a unit under IC 4-35-8.5 or IC 4-40 or |
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1789 | 1789 | | 15 an agreement to share revenue received by another unit under |
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1790 | 1790 | | 16 IC 4-35-8.5 or IC 4-40. |
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1791 | 1791 | | 17 (c) Notwithstanding IC 8-1.5-2-6(d), a unit may donate the proceeds |
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1792 | 1792 | | 18 from the sale of a utility or facility or from a grant, a gift, a donation, |
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1793 | 1793 | | 19 an endowment, a bequest, a trust, or gaming revenue to a foundation |
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1794 | 1794 | | 20 under the following conditions: |
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1795 | 1795 | | 21 (1) The foundation is a charitable nonprofit community |
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1796 | 1796 | | 22 foundation. |
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1797 | 1797 | | 23 (2) The foundation retains all rights to the donation, including |
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1798 | 1798 | | 24 investment powers. |
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1799 | 1799 | | 25 (3) The foundation agrees to do the following: |
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1800 | 1800 | | 26 (A) Hold the donation as a permanent endowment. |
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1801 | 1801 | | 27 (B) Distribute the income from the donation only to the unit as |
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1802 | 1802 | | 28 directed by resolution of the fiscal body of the unit. |
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1803 | 1803 | | 29 (C) Return the donation to the general fund of the unit if the |
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1804 | 1804 | | 30 foundation: |
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1805 | 1805 | | 31 (i) loses the foundation's status as a public charitable |
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1806 | 1806 | | 32 organization; |
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1807 | 1807 | | 33 (ii) is liquidated; or |
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1808 | 1808 | | 34 (iii) violates any condition of the endowment set by the |
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1809 | 1809 | | 35 fiscal body of the unit. |
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1810 | 1810 | | 36 (d) This subsection applies only to the donation of proceeds |
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1811 | 1811 | | 37 described in subsection (c) that occurs after December 31, 2015. |
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1812 | 1812 | | 38 Notwithstanding subsection (c)(3)(B), the unit and the foundation may |
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1813 | 1813 | | 39 agree that distribution of the proceeds is governed by IC 30-2-12. |
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1814 | 1814 | | 40 (e) The department of local government finance may not reduce a |
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1815 | 1815 | | 41 unit's property tax levy under IC 6-1.1-18.5 or any other law because |
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1816 | 1816 | | 42 of any of the following: |
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1817 | 1817 | | 2024 IN 1161—LS 6491/DI 125 43 |
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1818 | 1818 | | 1 (1) The donation of the proceeds of money from the sale of a |
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1819 | 1819 | | 2 utility or a facility as provided in this section. |
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1820 | 1820 | | 3 (2) A distribution from the endowment to the unit as provided in |
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1821 | 1821 | | 4 this section. |
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1822 | 1822 | | 5 (3) A return of the donation to the general fund of the unit as |
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1823 | 1823 | | 6 provided in this section. |
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1824 | 1824 | | 7 SECTION 31. IC 36-7.5-3-2, AS AMENDED BY P.L.114-2022, |
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1825 | 1825 | | 8 SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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1826 | 1826 | | 9 JULY 1, 2024]: Sec. 2. (a) The development authority may do any of |
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1827 | 1827 | | 10 the following: |
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1828 | 1828 | | 11 (1) Finance, improve, construct, reconstruct, renovate, purchase, |
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1829 | 1829 | | 12 lease, acquire, and equip land and projects located in an eligible |
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1830 | 1830 | | 13 county or eligible municipality. |
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1831 | 1831 | | 14 (2) Lease land or a project to an eligible political subdivision. |
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1832 | 1832 | | 15 (3) Finance and construct additional improvements to projects or |
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1833 | 1833 | | 16 other capital improvements owned by the development authority |
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1834 | 1834 | | 17 and lease them to or for the benefit of an eligible political |
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1835 | 1835 | | 18 subdivision. |
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1836 | 1836 | | 19 (4) Acquire land or all or a portion of one (1) or more projects |
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1837 | 1837 | | 20 from an eligible political subdivision by purchase or lease and |
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1838 | 1838 | | 21 lease the land or projects back to the eligible political subdivision, |
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1839 | 1839 | | 22 with any additional improvements that may be made to the land |
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1840 | 1840 | | 23 or projects. |
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1841 | 1841 | | 24 (5) Acquire all or a portion of one (1) or more projects from an |
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1842 | 1842 | | 25 eligible political subdivision by purchase or lease to fund or |
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1843 | 1843 | | 26 refund indebtedness incurred on account of the projects to enable |
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1844 | 1844 | | 27 the eligible political subdivision to make a savings in debt service |
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1845 | 1845 | | 28 obligations or lease rental obligations or to obtain relief from |
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1846 | 1846 | | 29 covenants that the eligible political subdivision considers to be |
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1847 | 1847 | | 30 unduly burdensome. |
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1848 | 1848 | | 31 (6) Make loans, loan guarantees, and grants or provide other |
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1849 | 1849 | | 32 financial assistance to or on behalf of the following: |
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1850 | 1850 | | 33 (A) A commuter transportation district. |
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1851 | 1851 | | 34 (B) An airport authority or airport development authority. |
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1852 | 1852 | | 35 (C) A regional bus authority. A loan, loan guarantee, grant, or |
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1853 | 1853 | | 36 other financial assistance under this clause may be used by a |
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1854 | 1854 | | 37 regional bus authority for acquiring, improving, operating, |
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1855 | 1855 | | 38 maintaining, financing, and supporting the following: |
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1856 | 1856 | | 39 (i) Bus services (including fixed route services and flexible |
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1857 | 1857 | | 40 or demand-responsive services) that are a component of a |
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1858 | 1858 | | 41 public transportation system. |
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1859 | 1859 | | 42 (ii) Bus terminals, stations, or facilities or other regional bus |
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1860 | 1860 | | 2024 IN 1161—LS 6491/DI 125 44 |
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1861 | 1861 | | 1 authority projects. |
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1862 | 1862 | | 2 (D) A regional transportation authority. |
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1863 | 1863 | | 3 (E) A member municipality that is eligible to make an |
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1864 | 1864 | | 4 appointment to the development board under |
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1865 | 1865 | | 5 IC 36-7.5-2-3(b)(2) and that has pledged admissions tax |
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1866 | 1866 | | 6 revenue for a bond anticipation note after March 31, 2014, and |
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1867 | 1867 | | 7 before June 30, 2015. However, a loan made to such a member |
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1868 | 1868 | | 8 municipality before June 30, 2016, under this clause must |
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1869 | 1869 | | 9 have a term of not more than ten (10) years, must require |
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1870 | 1870 | | 10 annual level debt service payments, and must have a market |
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1871 | 1871 | | 11 based interest rate. If a member municipality defaults on the |
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1872 | 1872 | | 12 repayment of a loan made under this clause, the development |
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1873 | 1873 | | 13 authority shall notify the treasurer of state of the default and |
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1874 | 1874 | | 14 the treasurer of state shall: |
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1875 | 1875 | | 15 (i) withhold from any funds held for distribution to the |
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1876 | 1876 | | 16 municipality under IC 4-33-12, or IC 4-33-13, or IC 4-40, |
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1877 | 1877 | | 17 an amount sufficient to cure the default; and |
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1878 | 1878 | | 18 (ii) pay that amount to the development authority. |
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1879 | 1879 | | 19 (7) Provide funding to assist a railroad that is providing commuter |
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1880 | 1880 | | 20 transportation services in an eligible county or eligible |
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1881 | 1881 | | 21 municipality. |
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1882 | 1882 | | 22 (8) Provide funding to assist an airport authority located in an |
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1883 | 1883 | | 23 eligible county or eligible municipality in the construction, |
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1884 | 1884 | | 24 reconstruction, renovation, purchase, lease, acquisition, and |
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1885 | 1885 | | 25 equipping of an airport facility or airport project. |
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1886 | 1886 | | 26 (9) Provide funding to assist in the development of an intermodal |
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1887 | 1887 | | 27 facility to facilitate the interchange and movement of freight. |
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1888 | 1888 | | 28 (10) Provide funding for economic development projects in an |
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1889 | 1889 | | 29 eligible county or eligible municipality. |
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1890 | 1890 | | 30 (11) Hold, use, lease, rent, purchase, acquire, and dispose of by |
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1891 | 1891 | | 31 purchase, exchange, gift, bequest, grant, condemnation, lease, or |
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1892 | 1892 | | 32 sublease, on the terms and conditions determined by the |
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1893 | 1893 | | 33 development authority, any real or personal property located in an |
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1894 | 1894 | | 34 eligible county or eligible municipality. |
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1895 | 1895 | | 35 (12) After giving notice, enter upon any lots or lands for the |
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1896 | 1896 | | 36 purpose of surveying or examining them to determine the location |
---|
1897 | 1897 | | 37 of a project. |
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1898 | 1898 | | 38 (13) Make or enter into all contracts and agreements necessary or |
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1899 | 1899 | | 39 incidental to the performance of its duties and the execution of its |
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1900 | 1900 | | 40 powers under this article. |
---|
1901 | 1901 | | 41 (14) Sue, be sued, plead, and be impleaded. |
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1902 | 1902 | | 42 (15) Design, order, contract for, and construct, reconstruct, and |
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1903 | 1903 | | 2024 IN 1161—LS 6491/DI 125 45 |
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1904 | 1904 | | 1 renovate a project or improvements to a project. |
---|
1905 | 1905 | | 2 (16) Appoint an executive director and employ appraisers, real |
---|
1906 | 1906 | | 3 estate experts, engineers, architects, surveyors, attorneys, |
---|
1907 | 1907 | | 4 accountants, auditors, clerks, construction managers, and any |
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1908 | 1908 | | 5 consultants or employees that are necessary or desired by the |
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1909 | 1909 | | 6 development authority in exercising its powers or carrying out its |
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1910 | 1910 | | 7 duties under this article. |
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1911 | 1911 | | 8 (17) Accept loans, grants, and other forms of financial assistance |
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1912 | 1912 | | 9 from the federal government, the state government, a political |
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1913 | 1913 | | 10 subdivision, or any other public or private source. |
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1914 | 1914 | | 11 (18) Use the development authority's funds to match federal |
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1915 | 1915 | | 12 grants or make loans, loan guarantees, or grants to carry out the |
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1916 | 1916 | | 13 development authority's powers and duties under this article. |
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1917 | 1917 | | 14 (19) Provide funding for regional transportation infrastructure |
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1918 | 1918 | | 15 projects under IC 36-9-43. |
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1919 | 1919 | | 16 (20) Except as prohibited by law, take any action necessary to |
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1920 | 1920 | | 17 carry out this article. |
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1921 | 1921 | | 18 (b) If the development authority is unable to agree with the owners, |
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1922 | 1922 | | 19 lessees, or occupants of any real property selected for the purposes of |
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1923 | 1923 | | 20 this article, the development authority may proceed under IC 32-24-1 |
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1924 | 1924 | | 21 to procure the condemnation of the property. The development |
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1925 | 1925 | | 22 authority may not institute a proceeding until it has adopted a |
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1926 | 1926 | | 23 resolution that: |
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1927 | 1927 | | 24 (1) describes the real property sought to be acquired and the |
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1928 | 1928 | | 25 purpose for which the real property is to be used; |
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1929 | 1929 | | 26 (2) declares that the public interest and necessity require the |
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1930 | 1930 | | 27 acquisition by the development authority of the property involved; |
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1931 | 1931 | | 28 and |
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1932 | 1932 | | 29 (3) sets out any other facts that the development authority |
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1933 | 1933 | | 30 considers necessary or pertinent. |
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1934 | 1934 | | 31 The resolution is conclusive evidence of the public necessity of the |
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1935 | 1935 | | 32 proposed acquisition. |
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1936 | 1936 | | 33 SECTION 32. IC 36-7.5-4-16.5, AS AMENDED BY P.L.149-2016, |
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1937 | 1937 | | 34 SECTION 99, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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1938 | 1938 | | 35 JULY 1, 2024]: Sec. 16.5. (a) This section applies if the development |
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1939 | 1939 | | 36 board does the following: |
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1940 | 1940 | | 37 (1) Finds that a city or county described in IC 36-7.5-2-3 has, at |
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1941 | 1941 | | 38 any time before July 1, 2015, failed to make a transfer or a part of |
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1942 | 1942 | | 39 a transfer required by section 2 of this chapter. |
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1943 | 1943 | | 40 (2) Finds that the obligation of the city or county to pay the |
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1944 | 1944 | | 41 unpaid amount of the transfer or transfers has not been satisfied |
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1945 | 1945 | | 42 under section 16 of this chapter or by any other means. |
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1946 | 1946 | | 2024 IN 1161—LS 6491/DI 125 46 |
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1947 | 1947 | | 1 (3) Certifies to the treasurer of state the total amount of the |
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1948 | 1948 | | 2 arrearage attributable to the failure of the city or county to make |
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1949 | 1949 | | 3 a transfer or a part of a transfer required by section 2 of this |
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1950 | 1950 | | 4 chapter. |
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1951 | 1951 | | 5 (b) The treasurer of state shall do the following: |
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1952 | 1952 | | 6 (1) Deduct from amounts otherwise payable to the city under |
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1953 | 1953 | | 7 IC 4-33-13-5(a) or IC 4-40, or to the county under IC 4-33-12-6 |
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1954 | 1954 | | 8 or IC 4-40, an amount equal to: |
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1955 | 1955 | | 9 (A) the total amount certified under subsection (a)(3); plus |
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1956 | 1956 | | 10 (B) interest calculated in the same manner that interest on |
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1957 | 1957 | | 11 delinquent taxes is calculated under IC 6-8.1-10-1. |
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1958 | 1958 | | 12 (2) Pay the amount deducted under subdivision (1) to the |
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1959 | 1959 | | 13 development authority. |
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1960 | 1960 | | 2024 IN 1161—LS 6491/DI 125 |
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