15 | | - | SECTION 1. IC 4-33-13-5.3, AS AMENDED BY P.L.9-2024, |
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16 | | - | SECTION 110, IS AMENDED TO READ AS FOLLOWS |
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17 | | - | [EFFECTIVE UPON PASSAGE]: Sec. 5.3. (a) This section applies to |
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18 | | - | each of the first four (4) full state fiscal years beginning after a licensed |
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19 | | - | owner begins gaming operations under IC 4-33-6-4.5. the state fiscal |
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20 | | - | year beginning July 1, 2024. |
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21 | | - | (b) As used in this section, "qualified city" refers to East Chicago, |
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22 | | - | Hammond, or Michigan City. |
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23 | | - | (c) The state comptroller shall determine the total amount of money |
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24 | | - | paid by the state comptroller under section 5(a)(2) of this chapter to |
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25 | | - | Gary, East Chicago, Hammond, and Michigan City during the state |
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26 | | - | fiscal year ending on June 30, 2019. The amount determined under this |
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27 | | - | subsection for each city is the city's base year revenue. The state |
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28 | | - | comptroller shall certify the base year revenue determined under this |
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29 | | - | subsection to each city. |
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30 | | - | (d) Subject to subsection (g), A qualified city is entitled to eligible |
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31 | | - | for a supplemental payment under this section if both of the following |
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32 | | - | occur in a particular the state fiscal year: |
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33 | | - | (1) The total amount payable to Gary under section 5(a)(2) of this |
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34 | | - | chapter in the state fiscal year is greater than the base year |
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35 | | - | revenue determined for Gary under subsection (c). |
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36 | | - | HEA 1448 — Concur 2 |
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37 | | - | (2) The amount payable to the qualified city under section 5(a)(2) |
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38 | | - | of this chapter in the state fiscal year is less than the base year |
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39 | | - | revenue determined for the qualified city under subsection (c). |
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40 | | - | (e) Subject to subsection (g), The state comptroller shall deduct |
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41 | | - | determine the lesser of the following: from the amount otherwise |
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42 | | - | payable to Gary to make a supplemental payment to a qualified city |
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43 | | - | entitled to a payment under subsection (d): |
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44 | | - | (1) The difference between the base year revenue determined for |
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45 | | - | the qualified city under subsection (c) and the amount payable to |
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46 | | - | the qualified city under section 5(a)(2) of this chapter. |
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47 | | - | (2) The difference between the amount payable to Gary under |
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48 | | - | section 5(a)(2) of this chapter and the base year revenue |
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49 | | - | determined for Gary under subsection (c). |
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50 | | - | (f) Subject to subsection (g), the state comptroller shall supplement |
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51 | | - | the amount payable to the qualified city under section 5(a)(2) of this |
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52 | | - | chapter with a payment equal to the amount deducted under subsection |
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53 | | - | (e) for the qualified city. |
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54 | | - | (g) The state comptroller may not deduct from the amounts payable |
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55 | | - | under section 5(a)(2) of this chapter to Gary in a particular state fiscal |
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56 | | - | year an amount greater than the difference between the amount payable |
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57 | | - | to Gary under section 5(a)(2) of this chapter and the base year revenue |
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58 | | - | determined for Gary under subsection (c). If the total amount of the |
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59 | | - | supplemental payments determined for qualified cities exceeds the |
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60 | | - | amount that may be deducted under this section, the amount paid to |
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61 | | - | each qualified city entitled to a supplemental payment must be |
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62 | | - | determined under STEP FOUR the following formula: |
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63 | | - | STEP ONE: Determine the difference between the qualified city's |
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64 | | - | base year revenue and the amount payable to the qualified city |
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65 | | - | under section 5(a)(2) of this chapter for the particular state fiscal |
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66 | | - | year. |
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67 | | - | STEP TWO: Determine the sum of the STEP ONE results for all |
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68 | | - | qualified cities entitled to a supplemental payment in the |
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69 | | - | particular state fiscal year. |
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70 | | - | STEP THREE: Determine for each qualified city entitled to a |
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71 | | - | supplemental payment in the particular state fiscal year the |
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72 | | - | quotient of: |
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73 | | - | (A) the STEP ONE result for the qualified city; divided by |
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74 | | - | (B) the STEP TWO result. |
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75 | | - | STEP FOUR: Determine for each qualified city entitled to a |
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76 | | - | supplemental payment in the particular state fiscal year the |
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77 | | - | product of: |
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78 | | - | (A) the STEP THREE quotient; multiplied by |
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79 | | - | HEA 1448 — Concur 3 |
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80 | | - | (B) the maximum amount that may be deducted from the |
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81 | | - | amounts payable under section 5(a)(2) of this chapter for Gary. |
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82 | | - | (f) This section expires July 1, 2039. |
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83 | | - | SECTION 2. IC 4-33-13-5.4 IS ADDED TO THE INDIANA CODE |
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84 | | - | AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE |
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85 | | - | UPON PASSAGE]: Sec. 5.4. (a) This section applies to each state |
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86 | | - | fiscal year beginning after June 30, 2026. |
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87 | | - | (b) As used in this section, "qualified city" refers to East |
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88 | | - | Chicago, Hammond, or Michigan City. |
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89 | | - | (c) As used in this section, "supplemental payment statute" |
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90 | | - | refers to IC 4-33-13-5.3, as in effect on January 1, 2025. |
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91 | | - | (d) Subject to subsections (i) and (j), a qualified city is entitled |
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92 | | - | to supplemental payments under this section for amounts not paid |
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93 | | - | in state fiscal years 2022, 2023, 2024, and 2025 under the |
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94 | | - | supplemental payment statute. The state comptroller shall |
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95 | | - | determine the total amount of supplemental payments to which |
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96 | | - | each qualified city is entitled as follows: |
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97 | | - | (1) In the case of East Chicago, an amount equal to the sum of |
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98 | | - | the following: |
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99 | | - | (A) Six million four hundred seventy-four thousand two |
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100 | | - | hundred seventy-four dollars ($6,474,274). |
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101 | | - | (B) The amount, if any, for state fiscal year 2025 for which |
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102 | | - | East Chicago is eligible under the supplemental payment |
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103 | | - | statute. |
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104 | | - | (2) In the case of Michigan City, an amount equal to the sum |
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105 | | - | of the following: |
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106 | | - | (A) Five million seven hundred fifty-two thousand one |
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107 | | - | hundred twenty-five dollars ($5,752,125). |
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108 | | - | (B) The amount, if any, for state fiscal year 2025 for which |
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109 | | - | Michigan City is eligible under the supplemental payment |
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110 | | - | statute. |
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111 | | - | (3) In the case of Hammond, an amount equal to the amount, |
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112 | | - | if any, for state fiscal year 2025 for which Hammond is |
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113 | | - | eligible under the supplemental payment statute. |
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114 | | - | (e) Subject to subsections (j) and (l), each month the state |
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| 46 | + | 1 SECTION 1. IC 4-33-13-5.3, AS AMENDED BY P.L.9-2024, |
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| 47 | + | 2 SECTION 110, IS AMENDED TO READ AS FOLLOWS |
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| 48 | + | 3 [EFFECTIVE UPON PASSAGE]: Sec. 5.3. (a) This section applies to |
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| 49 | + | 4 each of the first four (4) full state fiscal years beginning after a licensed |
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| 50 | + | 5 owner begins gaming operations under IC 4-33-6-4.5. the state fiscal |
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| 51 | + | 6 year beginning July 1, 2024. |
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| 52 | + | 7 (b) As used in this section, "qualified city" refers to East Chicago, |
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| 53 | + | 8 Hammond, or Michigan City. |
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| 54 | + | 9 (c) The state comptroller shall determine the total amount of money |
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| 55 | + | 10 paid by the state comptroller under section 5(a)(2) of this chapter to |
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| 56 | + | 11 Gary, East Chicago, Hammond, and Michigan City during the state |
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| 57 | + | 12 fiscal year ending on June 30, 2019. The amount determined under this |
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| 58 | + | 13 subsection for each city is the city's base year revenue. The state |
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| 59 | + | 14 comptroller shall certify the base year revenue determined under this |
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| 60 | + | 15 subsection to each city. |
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| 61 | + | 16 (d) Subject to subsection (g), A qualified city is entitled to eligible |
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| 62 | + | 17 for a supplemental payment under this section if both of the following |
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| 63 | + | EH 1448—LS 7667/DI 107 2 |
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| 64 | + | 1 occur in a particular the state fiscal year: |
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| 65 | + | 2 (1) The total amount payable to Gary under section 5(a)(2) of this |
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| 66 | + | 3 chapter in the state fiscal year is greater than the base year |
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| 67 | + | 4 revenue determined for Gary under subsection (c). |
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| 68 | + | 5 (2) The amount payable to the qualified city under section 5(a)(2) |
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| 69 | + | 6 of this chapter in the state fiscal year is less than the base year |
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| 70 | + | 7 revenue determined for the qualified city under subsection (c). |
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| 71 | + | 8 (e) Subject to subsection (g), The state comptroller shall deduct |
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| 72 | + | 9 determine the lesser of the following: from the amount otherwise |
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| 73 | + | 10 payable to Gary to make a supplemental payment to a qualified city |
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| 74 | + | 11 entitled to a payment under subsection (d): |
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| 75 | + | 12 (1) The difference between the base year revenue determined for |
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| 76 | + | 13 the qualified city under subsection (c) and the amount payable to |
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| 77 | + | 14 the qualified city under section 5(a)(2) of this chapter. |
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| 78 | + | 15 (2) The difference between the amount payable to Gary under |
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| 79 | + | 16 section 5(a)(2) of this chapter and the base year revenue |
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| 80 | + | 17 determined for Gary under subsection (c). |
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| 81 | + | 18 (f) Subject to subsection (g), the state comptroller shall supplement |
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| 82 | + | 19 the amount payable to the qualified city under section 5(a)(2) of this |
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| 83 | + | 20 chapter with a payment equal to the amount deducted under subsection |
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| 84 | + | 21 (e) for the qualified city. |
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| 85 | + | 22 (g) The state comptroller may not deduct from the amounts payable |
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| 86 | + | 23 under section 5(a)(2) of this chapter to Gary in a particular state fiscal |
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| 87 | + | 24 year an amount greater than the difference between the amount payable |
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| 88 | + | 25 to Gary under section 5(a)(2) of this chapter and the base year revenue |
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| 89 | + | 26 determined for Gary under subsection (c). If the total amount of the |
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| 90 | + | 27 supplemental payments determined for qualified cities exceeds the |
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| 91 | + | 28 amount that may be deducted under this section, the amount paid to |
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| 92 | + | 29 each qualified city entitled to a supplemental payment must be |
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| 93 | + | 30 determined under STEP FOUR the following formula: |
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| 94 | + | 31 STEP ONE: Determine the difference between the qualified city's |
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| 95 | + | 32 base year revenue and the amount payable to the qualified city |
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| 96 | + | 33 under section 5(a)(2) of this chapter for the particular state fiscal |
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| 97 | + | 34 year. |
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| 98 | + | 35 STEP TWO: Determine the sum of the STEP ONE results for all |
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| 99 | + | 36 qualified cities entitled to a supplemental payment in the |
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| 100 | + | 37 particular state fiscal year. |
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| 101 | + | 38 STEP THREE: Determine for each qualified city entitled to a |
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| 102 | + | 39 supplemental payment in the particular state fiscal year the |
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| 103 | + | 40 quotient of: |
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| 104 | + | 41 (A) the STEP ONE result for the qualified city; divided by |
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| 105 | + | 42 (B) the STEP TWO result. |
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| 106 | + | EH 1448—LS 7667/DI 107 3 |
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| 107 | + | 1 STEP FOUR: Determine for each qualified city entitled to a |
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| 108 | + | 2 supplemental payment in the particular state fiscal year the |
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| 109 | + | 3 product of: |
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| 110 | + | 4 (A) the STEP THREE quotient; multiplied by |
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| 111 | + | 5 (B) the maximum amount that may be deducted from the |
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| 112 | + | 6 amounts payable under section 5(a)(2) of this chapter for Gary. |
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| 113 | + | 7 (f) This section expires July 1, 2039. |
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| 114 | + | 8 SECTION 2. IC 4-33-13-5.4 IS ADDED TO THE INDIANA CODE |
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| 115 | + | 9 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE |
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| 116 | + | 10 UPON PASSAGE]: Sec. 5.4. (a) This section applies to each state |
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| 117 | + | 11 fiscal year beginning after June 30, 2026. |
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| 118 | + | 12 (b) As used in this section, "qualified city" refers to East |
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| 119 | + | 13 Chicago, Hammond, or Michigan City. |
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| 120 | + | 14 (c) As used in this section, "supplemental payment statute" |
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| 121 | + | 15 refers to IC 4-33-13-5.3, as in effect on January 1, 2025. |
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| 122 | + | 16 (d) Subject to subsections (i) and (j), a qualified city is entitled |
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| 123 | + | 17 to supplemental payments under this section for amounts not paid |
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| 124 | + | 18 in state fiscal years 2022, 2023, 2024, and 2025 under the |
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| 125 | + | 19 supplemental payment statute. The state comptroller shall |
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| 126 | + | 20 determine the total amount of supplemental payments to which |
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| 127 | + | 21 each qualified city is entitled as follows: |
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| 128 | + | 22 (1) In the case of East Chicago, an amount equal to the sum of |
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| 129 | + | 23 the following: |
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| 130 | + | 24 (A) Six million four hundred seventy-four thousand two |
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| 131 | + | 25 hundred seventy-four dollars ($6,474,274). |
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| 132 | + | 26 (B) The amount, if any, for state fiscal year 2025 for which |
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| 133 | + | 27 East Chicago is eligible under the supplemental payment |
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| 134 | + | 28 statute. |
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| 135 | + | 29 (2) In the case of Michigan City, an amount equal to the sum |
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| 136 | + | 30 of the following: |
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| 137 | + | 31 (A) Five million seven hundred fifty-two thousand one |
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| 138 | + | 32 hundred twenty-five dollars ($5,752,125). |
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| 139 | + | 33 (B) The amount, if any, for state fiscal year 2025 for which |
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| 140 | + | 34 Michigan City is eligible under the supplemental payment |
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| 141 | + | 35 statute. |
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| 142 | + | 36 (3) In the case of Hammond, an amount equal to the amount, |
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| 143 | + | 37 if any, for state fiscal year 2025 for which Hammond is |
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| 144 | + | 38 eligible under the supplemental payment statute. |
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| 145 | + | 39 (e) Subject to subsections (j) and (l), each month the state |
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| 146 | + | 40 comptroller shall deduct an amount otherwise payable to Gary |
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| 147 | + | 41 under section 5(a)(2) of this chapter, if any, for the purpose of this |
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| 148 | + | 42 chapter, not to exceed a total of two million dollars ($2,000,000) for |
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| 149 | + | EH 1448—LS 7667/DI 107 4 |
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| 150 | + | 1 the state fiscal year. |
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| 151 | + | 2 (f) Subject to subsections (i), (j), and (l), the state comptroller |
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| 152 | + | 3 shall annually distribute supplemental payments to each qualified |
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| 153 | + | 4 city, on a monthly basis, based on: |
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| 154 | + | 5 (1) the amount deducted under subsection (e) in the preceding |
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| 155 | + | 6 month; and |
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| 156 | + | 7 (2) one-twelfth (1/12) of the amount appropriated from the |
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| 157 | + | 8 state general fund under subsection (k). |
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| 158 | + | 9 (g) Money for the supplemental payments is sourced from: |
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| 159 | + | 10 (1) the total amount deducted under subsection (e) in the state |
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| 160 | + | 11 fiscal year; plus |
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| 161 | + | 12 (2) money appropriated by the general assembly for the state |
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| 162 | + | 13 fiscal year for the purpose of making supplemental payments |
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| 163 | + | 14 under this section. |
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| 164 | + | 15 (h) The state comptroller shall make a supplemental payment in |
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| 165 | + | 16 each state fiscal year to each qualified city in an amount |
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| 166 | + | 17 determined under the last STEP of the following formula: |
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| 167 | + | 18 STEP ONE: Divide the: |
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| 168 | + | 19 (A) total amount determined under subsection (d) for the |
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| 169 | + | 20 qualified city; by |
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| 170 | + | 21 (B) aggregate amount of supplemental payments for all |
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| 171 | + | 22 qualified cities determined under subsection (d). |
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| 172 | + | 23 STEP TWO: Multiply the: |
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| 173 | + | 24 (A) STEP ONE result; by |
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| 174 | + | 25 (B) amount of money to be used for supplemental |
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| 175 | + | 26 payments in the state fiscal year under subsections (f) and |
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| 176 | + | 27 (g). |
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| 177 | + | 28 (i) A qualified city may not receive a supplemental payment in |
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| 178 | + | 29 excess of the amount determined under subsection (d) for the |
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| 179 | + | 30 qualified city. |
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| 180 | + | 31 (j) The total amount of supplemental payments made to |
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| 181 | + | 32 qualified cities in all state fiscal years may not exceed the aggregate |
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| 182 | + | 33 amount of supplemental payments determined under subsection |
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| 183 | + | 34 (d). |
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| 184 | + | 35 (k) There is appropriated from the state general fund to the |
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| 185 | + | 36 gaming fund two million dollars ($2,000,000) in each state fiscal |
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| 186 | + | 37 year beginning after June 30, 2026, which may only be used to |
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| 187 | + | 38 make supplemental payments. Any amount not needed to make a |
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| 188 | + | 39 supplemental payment in a state fiscal year reverts to the state |
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| 189 | + | 40 general fund at the close of the state fiscal year and may not be |
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| 190 | + | 41 used for any other purpose. |
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| 191 | + | 42 (l) After the total amount of all supplemental payments to |
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| 192 | + | EH 1448—LS 7667/DI 107 5 |
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| 193 | + | 1 qualified cities determined in subsection (d) have been made under |
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| 194 | + | 2 this chapter, the state comptroller shall continue, each month, to |
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| 195 | + | 3 deduct an amount otherwise payable to Gary under section 5(a)(2) |
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| 196 | + | 4 of this chapter as set forth in subsection (e) not to exceed a total of |
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| 197 | + | 5 two million dollars ($2,000,000) for the state fiscal year for the |
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| 198 | + | 6 purpose of repaying to the state the total amounts appropriated |
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| 199 | + | 7 from the state general fund under subsection (k) and paid to |
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| 200 | + | 8 qualified cites as supplemental payments under this chapter. The |
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| 201 | + | 9 state comptroller shall cease the deductions under this subsection |
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| 202 | + | 10 on the date that the total amounts appropriated from the state |
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| 203 | + | 11 general fund under subsection (k) and paid to qualified cites have |
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| 204 | + | 12 been repaid. |
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| 205 | + | 13 (m) This section expires July 1, 2039. |
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| 206 | + | 14 SECTION 3. An emergency is declared for this act. |
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| 207 | + | EH 1448—LS 7667/DI 107 6 |
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| 208 | + | COMMITTEE REPORT |
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| 209 | + | Mr. Speaker: Your Committee on Ways and Means, to which was |
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| 210 | + | referred House Bill 1448, has had the same under consideration and |
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| 211 | + | begs leave to report the same back to the House with the |
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| 212 | + | recommendation that said bill do pass. |
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| 213 | + | (Reference is to HB 1448 as introduced.) |
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| 214 | + | THOMPSON |
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| 215 | + | Committee Vote: Yeas 15, Nays 8 |
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| 216 | + | _____ |
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| 217 | + | HOUSE MOTION |
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| 218 | + | Mr. Speaker: I move that House Bill 1448 be amended to read as |
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| 219 | + | follows: |
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| 220 | + | Delete the title and insert the following: |
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| 221 | + | A BILL FOR AN ACT to amend the Indiana Code concerning |
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| 222 | + | gaming and to make an appropriation. |
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| 223 | + | Delete everything after the enacting clause and insert the following: |
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| 224 | + | (SEE TEXT OF BILL) |
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| 225 | + | (Reference is to HB 1448 as printed February 17, 2025.) |
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| 226 | + | SLAGER |
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| 227 | + | _____ |
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| 228 | + | COMMITTEE REPORT |
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| 229 | + | Mr. President: The Senate Committee on Appropriations, to which |
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| 230 | + | was referred House Bill No. 1448, has had the same under |
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| 231 | + | consideration and begs leave to report the same back to the Senate with |
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| 232 | + | the recommendation that said bill be AMENDED as follows: |
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| 233 | + | Page 3, line 7, delete "2029." and insert "2039.". |
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| 234 | + | Page 3, line 11, delete "2025." and insert "2026.". |
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| 235 | + | Page 3, line 16, delete "(h) and (i)," and insert "(i) and (j),". |
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| 236 | + | Page 3, delete lines 39 through 42, begin a new paragraph and |
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| 237 | + | insert: |
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| 238 | + | "(e) Subject to subsections (j) and (l), each month the state |
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