Indiana 2025 Regular Session

Indiana House Bill HB1448 Compare Versions

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1+*EH1448.1*
2+March 28, 2025
3+ENGROSSED
4+HOUSE BILL No. 1448
5+_____
6+DIGEST OF HB 1448 (Updated March 27, 2025 10:11 am - DI 120)
7+Citations Affected: IC 4-33.
8+Synopsis: Supplemental payments to qualified cities. Changes the
9+effective date of the supplemental payments to qualified cities statute.
10+Requires the state comptroller to distribute annual supplemental
11+payments to qualified cities, that were not previously paid, using
12+money sourced from a combination of: (1) amounts to be deducted
13+from the amount payable to Gary under the disposition of tax revenue
14+statute; and (2) money appropriated by the general assembly. Requires
15+the city of Gary to repay to the state the amounts the state appropriates
16+for the supplemental payments, once the total amount of supplemental
17+payments has been made to qualified cities, through continued monthly
18+deduction of Gary wagering tax, and until the full amount appropriated
19+by the state is repaid.
20+Effective: Upon passage.
21+Slager
22+(SENATE SPONSORS — HOLDMAN, RANDOLPH LONNIE M, SPENCER)
23+January 21, 2025, read first time and referred to Committee on Ways and Means.
24+February 17, 2025, reported — Do Pass.
25+February 19, 2025, read second time, amended, ordered engrossed.
26+February 20, 2025, engrossed. Read third time, passed. Yeas 89, nays 2.
27+SENATE ACTION
28+March 3, 2025, read first time and referred to Committee on Appropriations.
29+March 27, 2025, amended, reported favorably — Do Pass.
30+EH 1448—LS 7667/DI 107 March 28, 2025
131 First Regular Session of the 124th General Assembly (2025)
232 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
333 Constitution) is being amended, the text of the existing provision will appear in this style type,
434 additions will appear in this style type, and deletions will appear in this style type.
535 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
636 provision adopted), the text of the new provision will appear in this style type. Also, the
737 word NEW will appear in that style type in the introductory clause of each SECTION that adds
838 a new provision to the Indiana Code or the Indiana Constitution.
939 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
1040 between statutes enacted by the 2024 Regular Session of the General Assembly.
11-HOUSE ENROLLED ACT No. 1448
12-AN ACT to amend the Indiana Code concerning gaming and to
13-make an appropriation.
41+ENGROSSED
42+HOUSE BILL No. 1448
43+A BILL FOR AN ACT to amend the Indiana Code concerning
44+gaming and to make an appropriation.
1445 Be it enacted by the General Assembly of the State of Indiana:
15-SECTION 1. IC 4-33-13-5.3, AS AMENDED BY P.L.9-2024,
16-SECTION 110, IS AMENDED TO READ AS FOLLOWS
17-[EFFECTIVE UPON PASSAGE]: Sec. 5.3. (a) This section applies to
18-each of the first four (4) full state fiscal years beginning after a licensed
19-owner begins gaming operations under IC 4-33-6-4.5. the state fiscal
20-year beginning July 1, 2024.
21-(b) As used in this section, "qualified city" refers to East Chicago,
22-Hammond, or Michigan City.
23-(c) The state comptroller shall determine the total amount of money
24-paid by the state comptroller under section 5(a)(2) of this chapter to
25-Gary, East Chicago, Hammond, and Michigan City during the state
26-fiscal year ending on June 30, 2019. The amount determined under this
27-subsection for each city is the city's base year revenue. The state
28-comptroller shall certify the base year revenue determined under this
29-subsection to each city.
30-(d) Subject to subsection (g), A qualified city is entitled to eligible
31-for a supplemental payment under this section if both of the following
32-occur in a particular the state fiscal year:
33-(1) The total amount payable to Gary under section 5(a)(2) of this
34-chapter in the state fiscal year is greater than the base year
35-revenue determined for Gary under subsection (c).
36-HEA 1448 — Concur 2
37-(2) The amount payable to the qualified city under section 5(a)(2)
38-of this chapter in the state fiscal year is less than the base year
39-revenue determined for the qualified city under subsection (c).
40-(e) Subject to subsection (g), The state comptroller shall deduct
41-determine the lesser of the following: from the amount otherwise
42-payable to Gary to make a supplemental payment to a qualified city
43-entitled to a payment under subsection (d):
44-(1) The difference between the base year revenue determined for
45-the qualified city under subsection (c) and the amount payable to
46-the qualified city under section 5(a)(2) of this chapter.
47-(2) The difference between the amount payable to Gary under
48-section 5(a)(2) of this chapter and the base year revenue
49-determined for Gary under subsection (c).
50-(f) Subject to subsection (g), the state comptroller shall supplement
51-the amount payable to the qualified city under section 5(a)(2) of this
52-chapter with a payment equal to the amount deducted under subsection
53-(e) for the qualified city.
54-(g) The state comptroller may not deduct from the amounts payable
55-under section 5(a)(2) of this chapter to Gary in a particular state fiscal
56-year an amount greater than the difference between the amount payable
57-to Gary under section 5(a)(2) of this chapter and the base year revenue
58-determined for Gary under subsection (c). If the total amount of the
59-supplemental payments determined for qualified cities exceeds the
60-amount that may be deducted under this section, the amount paid to
61-each qualified city entitled to a supplemental payment must be
62-determined under STEP FOUR the following formula:
63-STEP ONE: Determine the difference between the qualified city's
64-base year revenue and the amount payable to the qualified city
65-under section 5(a)(2) of this chapter for the particular state fiscal
66-year.
67-STEP TWO: Determine the sum of the STEP ONE results for all
68-qualified cities entitled to a supplemental payment in the
69-particular state fiscal year.
70-STEP THREE: Determine for each qualified city entitled to a
71-supplemental payment in the particular state fiscal year the
72-quotient of:
73-(A) the STEP ONE result for the qualified city; divided by
74-(B) the STEP TWO result.
75-STEP FOUR: Determine for each qualified city entitled to a
76-supplemental payment in the particular state fiscal year the
77-product of:
78-(A) the STEP THREE quotient; multiplied by
79-HEA 1448 — Concur 3
80-(B) the maximum amount that may be deducted from the
81-amounts payable under section 5(a)(2) of this chapter for Gary.
82-(f) This section expires July 1, 2039.
83-SECTION 2. IC 4-33-13-5.4 IS ADDED TO THE INDIANA CODE
84-AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
85-UPON PASSAGE]: Sec. 5.4. (a) This section applies to each state
86-fiscal year beginning after June 30, 2026.
87-(b) As used in this section, "qualified city" refers to East
88-Chicago, Hammond, or Michigan City.
89-(c) As used in this section, "supplemental payment statute"
90-refers to IC 4-33-13-5.3, as in effect on January 1, 2025.
91-(d) Subject to subsections (i) and (j), a qualified city is entitled
92-to supplemental payments under this section for amounts not paid
93-in state fiscal years 2022, 2023, 2024, and 2025 under the
94-supplemental payment statute. The state comptroller shall
95-determine the total amount of supplemental payments to which
96-each qualified city is entitled as follows:
97-(1) In the case of East Chicago, an amount equal to the sum of
98-the following:
99-(A) Six million four hundred seventy-four thousand two
100-hundred seventy-four dollars ($6,474,274).
101-(B) The amount, if any, for state fiscal year 2025 for which
102-East Chicago is eligible under the supplemental payment
103-statute.
104-(2) In the case of Michigan City, an amount equal to the sum
105-of the following:
106-(A) Five million seven hundred fifty-two thousand one
107-hundred twenty-five dollars ($5,752,125).
108-(B) The amount, if any, for state fiscal year 2025 for which
109-Michigan City is eligible under the supplemental payment
110-statute.
111-(3) In the case of Hammond, an amount equal to the amount,
112-if any, for state fiscal year 2025 for which Hammond is
113-eligible under the supplemental payment statute.
114-(e) Subject to subsections (j) and (l), each month the state
46+1 SECTION 1. IC 4-33-13-5.3, AS AMENDED BY P.L.9-2024,
47+2 SECTION 110, IS AMENDED TO READ AS FOLLOWS
48+3 [EFFECTIVE UPON PASSAGE]: Sec. 5.3. (a) This section applies to
49+4 each of the first four (4) full state fiscal years beginning after a licensed
50+5 owner begins gaming operations under IC 4-33-6-4.5. the state fiscal
51+6 year beginning July 1, 2024.
52+7 (b) As used in this section, "qualified city" refers to East Chicago,
53+8 Hammond, or Michigan City.
54+9 (c) The state comptroller shall determine the total amount of money
55+10 paid by the state comptroller under section 5(a)(2) of this chapter to
56+11 Gary, East Chicago, Hammond, and Michigan City during the state
57+12 fiscal year ending on June 30, 2019. The amount determined under this
58+13 subsection for each city is the city's base year revenue. The state
59+14 comptroller shall certify the base year revenue determined under this
60+15 subsection to each city.
61+16 (d) Subject to subsection (g), A qualified city is entitled to eligible
62+17 for a supplemental payment under this section if both of the following
63+EH 1448—LS 7667/DI 107 2
64+1 occur in a particular the state fiscal year:
65+2 (1) The total amount payable to Gary under section 5(a)(2) of this
66+3 chapter in the state fiscal year is greater than the base year
67+4 revenue determined for Gary under subsection (c).
68+5 (2) The amount payable to the qualified city under section 5(a)(2)
69+6 of this chapter in the state fiscal year is less than the base year
70+7 revenue determined for the qualified city under subsection (c).
71+8 (e) Subject to subsection (g), The state comptroller shall deduct
72+9 determine the lesser of the following: from the amount otherwise
73+10 payable to Gary to make a supplemental payment to a qualified city
74+11 entitled to a payment under subsection (d):
75+12 (1) The difference between the base year revenue determined for
76+13 the qualified city under subsection (c) and the amount payable to
77+14 the qualified city under section 5(a)(2) of this chapter.
78+15 (2) The difference between the amount payable to Gary under
79+16 section 5(a)(2) of this chapter and the base year revenue
80+17 determined for Gary under subsection (c).
81+18 (f) Subject to subsection (g), the state comptroller shall supplement
82+19 the amount payable to the qualified city under section 5(a)(2) of this
83+20 chapter with a payment equal to the amount deducted under subsection
84+21 (e) for the qualified city.
85+22 (g) The state comptroller may not deduct from the amounts payable
86+23 under section 5(a)(2) of this chapter to Gary in a particular state fiscal
87+24 year an amount greater than the difference between the amount payable
88+25 to Gary under section 5(a)(2) of this chapter and the base year revenue
89+26 determined for Gary under subsection (c). If the total amount of the
90+27 supplemental payments determined for qualified cities exceeds the
91+28 amount that may be deducted under this section, the amount paid to
92+29 each qualified city entitled to a supplemental payment must be
93+30 determined under STEP FOUR the following formula:
94+31 STEP ONE: Determine the difference between the qualified city's
95+32 base year revenue and the amount payable to the qualified city
96+33 under section 5(a)(2) of this chapter for the particular state fiscal
97+34 year.
98+35 STEP TWO: Determine the sum of the STEP ONE results for all
99+36 qualified cities entitled to a supplemental payment in the
100+37 particular state fiscal year.
101+38 STEP THREE: Determine for each qualified city entitled to a
102+39 supplemental payment in the particular state fiscal year the
103+40 quotient of:
104+41 (A) the STEP ONE result for the qualified city; divided by
105+42 (B) the STEP TWO result.
106+EH 1448—LS 7667/DI 107 3
107+1 STEP FOUR: Determine for each qualified city entitled to a
108+2 supplemental payment in the particular state fiscal year the
109+3 product of:
110+4 (A) the STEP THREE quotient; multiplied by
111+5 (B) the maximum amount that may be deducted from the
112+6 amounts payable under section 5(a)(2) of this chapter for Gary.
113+7 (f) This section expires July 1, 2039.
114+8 SECTION 2. IC 4-33-13-5.4 IS ADDED TO THE INDIANA CODE
115+9 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
116+10 UPON PASSAGE]: Sec. 5.4. (a) This section applies to each state
117+11 fiscal year beginning after June 30, 2026.
118+12 (b) As used in this section, "qualified city" refers to East
119+13 Chicago, Hammond, or Michigan City.
120+14 (c) As used in this section, "supplemental payment statute"
121+15 refers to IC 4-33-13-5.3, as in effect on January 1, 2025.
122+16 (d) Subject to subsections (i) and (j), a qualified city is entitled
123+17 to supplemental payments under this section for amounts not paid
124+18 in state fiscal years 2022, 2023, 2024, and 2025 under the
125+19 supplemental payment statute. The state comptroller shall
126+20 determine the total amount of supplemental payments to which
127+21 each qualified city is entitled as follows:
128+22 (1) In the case of East Chicago, an amount equal to the sum of
129+23 the following:
130+24 (A) Six million four hundred seventy-four thousand two
131+25 hundred seventy-four dollars ($6,474,274).
132+26 (B) The amount, if any, for state fiscal year 2025 for which
133+27 East Chicago is eligible under the supplemental payment
134+28 statute.
135+29 (2) In the case of Michigan City, an amount equal to the sum
136+30 of the following:
137+31 (A) Five million seven hundred fifty-two thousand one
138+32 hundred twenty-five dollars ($5,752,125).
139+33 (B) The amount, if any, for state fiscal year 2025 for which
140+34 Michigan City is eligible under the supplemental payment
141+35 statute.
142+36 (3) In the case of Hammond, an amount equal to the amount,
143+37 if any, for state fiscal year 2025 for which Hammond is
144+38 eligible under the supplemental payment statute.
145+39 (e) Subject to subsections (j) and (l), each month the state
146+40 comptroller shall deduct an amount otherwise payable to Gary
147+41 under section 5(a)(2) of this chapter, if any, for the purpose of this
148+42 chapter, not to exceed a total of two million dollars ($2,000,000) for
149+EH 1448—LS 7667/DI 107 4
150+1 the state fiscal year.
151+2 (f) Subject to subsections (i), (j), and (l), the state comptroller
152+3 shall annually distribute supplemental payments to each qualified
153+4 city, on a monthly basis, based on:
154+5 (1) the amount deducted under subsection (e) in the preceding
155+6 month; and
156+7 (2) one-twelfth (1/12) of the amount appropriated from the
157+8 state general fund under subsection (k).
158+9 (g) Money for the supplemental payments is sourced from:
159+10 (1) the total amount deducted under subsection (e) in the state
160+11 fiscal year; plus
161+12 (2) money appropriated by the general assembly for the state
162+13 fiscal year for the purpose of making supplemental payments
163+14 under this section.
164+15 (h) The state comptroller shall make a supplemental payment in
165+16 each state fiscal year to each qualified city in an amount
166+17 determined under the last STEP of the following formula:
167+18 STEP ONE: Divide the:
168+19 (A) total amount determined under subsection (d) for the
169+20 qualified city; by
170+21 (B) aggregate amount of supplemental payments for all
171+22 qualified cities determined under subsection (d).
172+23 STEP TWO: Multiply the:
173+24 (A) STEP ONE result; by
174+25 (B) amount of money to be used for supplemental
175+26 payments in the state fiscal year under subsections (f) and
176+27 (g).
177+28 (i) A qualified city may not receive a supplemental payment in
178+29 excess of the amount determined under subsection (d) for the
179+30 qualified city.
180+31 (j) The total amount of supplemental payments made to
181+32 qualified cities in all state fiscal years may not exceed the aggregate
182+33 amount of supplemental payments determined under subsection
183+34 (d).
184+35 (k) There is appropriated from the state general fund to the
185+36 gaming fund two million dollars ($2,000,000) in each state fiscal
186+37 year beginning after June 30, 2026, which may only be used to
187+38 make supplemental payments. Any amount not needed to make a
188+39 supplemental payment in a state fiscal year reverts to the state
189+40 general fund at the close of the state fiscal year and may not be
190+41 used for any other purpose.
191+42 (l) After the total amount of all supplemental payments to
192+EH 1448—LS 7667/DI 107 5
193+1 qualified cities determined in subsection (d) have been made under
194+2 this chapter, the state comptroller shall continue, each month, to
195+3 deduct an amount otherwise payable to Gary under section 5(a)(2)
196+4 of this chapter as set forth in subsection (e) not to exceed a total of
197+5 two million dollars ($2,000,000) for the state fiscal year for the
198+6 purpose of repaying to the state the total amounts appropriated
199+7 from the state general fund under subsection (k) and paid to
200+8 qualified cites as supplemental payments under this chapter. The
201+9 state comptroller shall cease the deductions under this subsection
202+10 on the date that the total amounts appropriated from the state
203+11 general fund under subsection (k) and paid to qualified cites have
204+12 been repaid.
205+13 (m) This section expires July 1, 2039.
206+14 SECTION 3. An emergency is declared for this act.
207+EH 1448—LS 7667/DI 107 6
208+COMMITTEE REPORT
209+Mr. Speaker: Your Committee on Ways and Means, to which was
210+referred House Bill 1448, has had the same under consideration and
211+begs leave to report the same back to the House with the
212+recommendation that said bill do pass.
213+(Reference is to HB 1448 as introduced.)
214+THOMPSON
215+Committee Vote: Yeas 15, Nays 8
216+_____
217+HOUSE MOTION
218+Mr. Speaker: I move that House Bill 1448 be amended to read as
219+follows:
220+Delete the title and insert the following:
221+A BILL FOR AN ACT to amend the Indiana Code concerning
222+gaming and to make an appropriation.
223+Delete everything after the enacting clause and insert the following:
224+(SEE TEXT OF BILL)
225+(Reference is to HB 1448 as printed February 17, 2025.)
226+SLAGER
227+_____
228+COMMITTEE REPORT
229+Mr. President: The Senate Committee on Appropriations, to which
230+was referred House Bill No. 1448, has had the same under
231+consideration and begs leave to report the same back to the Senate with
232+the recommendation that said bill be AMENDED as follows:
233+Page 3, line 7, delete "2029." and insert "2039.".
234+Page 3, line 11, delete "2025." and insert "2026.".
235+Page 3, line 16, delete "(h) and (i)," and insert "(i) and (j),".
236+Page 3, delete lines 39 through 42, begin a new paragraph and
237+insert:
238+"(e) Subject to subsections (j) and (l), each month the state
115239 comptroller shall deduct an amount otherwise payable to Gary
116240 under section 5(a)(2) of this chapter, if any, for the purpose of this
117241 chapter, not to exceed a total of two million dollars ($2,000,000) for
118-the state fiscal year.
119-(f) Subject to subsections (i), (j), and (l), the state comptroller
242+EH 1448—LS 7667/DI 107 7
243+the state fiscal year.".
244+Page 4, delete lines 1 through 10, begin a new paragraph and insert:
245+"(f) Subject to subsections (i), (j), and (l), the state comptroller
120246 shall annually distribute supplemental payments to each qualified
121247 city, on a monthly basis, based on:
122-HEA 1448 — Concur 4
123248 (1) the amount deducted under subsection (e) in the preceding
124249 month; and
125250 (2) one-twelfth (1/12) of the amount appropriated from the
126251 state general fund under subsection (k).
127-(g) Money for the supplemental payments is sourced from:
128-(1) the total amount deducted under subsection (e) in the state
129-fiscal year; plus
130-(2) money appropriated by the general assembly for the state
131-fiscal year for the purpose of making supplemental payments
132-under this section.
133-(h) The state comptroller shall make a supplemental payment in
134-each state fiscal year to each qualified city in an amount
135-determined under the last STEP of the following formula:
136-STEP ONE: Divide the:
137-(A) total amount determined under subsection (d) for the
138-qualified city; by
139-(B) aggregate amount of supplemental payments for all
140-qualified cities determined under subsection (d).
141-STEP TWO: Multiply the:
142-(A) STEP ONE result; by
143-(B) amount of money to be used for supplemental
144-payments in the state fiscal year under subsections (f) and
145-(g).
146-(i) A qualified city may not receive a supplemental payment in
147-excess of the amount determined under subsection (d) for the
148-qualified city.
149-(j) The total amount of supplemental payments made to
150-qualified cities in all state fiscal years may not exceed the aggregate
151-amount of supplemental payments determined under subsection
152-(d).
153-(k) There is appropriated from the state general fund to the
154-gaming fund two million dollars ($2,000,000) in each state fiscal
155-year beginning after June 30, 2026, which may only be used to
156-make supplemental payments. Any amount not needed to make a
157-supplemental payment in a state fiscal year reverts to the state
158-general fund at the close of the state fiscal year and may not be
159-used for any other purpose.
160-(l) After the total amount of all supplemental payments to
252+(g) Money for the supplemental payments is sourced from:".
253+Page 4, line 16, delete "(g)" and insert "(h)".
254+Page 4, line 27, delete "subsection (f)." and insert "subsections (f)
255+and (g).".
256+Page 4, line 28, delete "(h)" and insert "(i)".
257+Page 4, line 31, delete "(i)" and insert "(j)".
258+Page 4, line 35, delete "(j)" and insert "(k)".
259+Page 4, line 35, delete "to the state" and insert "to the gaming
260+fund".
261+Page 4, line 36, delete "comptroller".
262+Page 4, line 37, delete "2025," and insert "2026,".
263+Page 4, line 41, after "purpose" insert ".".
264+Page 4, line 41, delete "by the state comptroller.".
265+Page 4, between lines 41 and 42, begin a new paragraph and insert:
266+"(l) After the total amount of all supplemental payments to
161267 qualified cities determined in subsection (d) have been made under
162268 this chapter, the state comptroller shall continue, each month, to
163269 deduct an amount otherwise payable to Gary under section 5(a)(2)
164270 of this chapter as set forth in subsection (e) not to exceed a total of
165-HEA 1448 — Concur 5
166271 two million dollars ($2,000,000) for the state fiscal year for the
167272 purpose of repaying to the state the total amounts appropriated
168273 from the state general fund under subsection (k) and paid to
169274 qualified cites as supplemental payments under this chapter. The
170275 state comptroller shall cease the deductions under this subsection
171276 on the date that the total amounts appropriated from the state
172277 general fund under subsection (k) and paid to qualified cites have
173278 been repaid.
174-(m) This section expires July 1, 2039.
175-SECTION 3. An emergency is declared for this act.
176-HEA 1448 — Concur Speaker of the House of Representatives
177-President of the Senate
178-President Pro Tempore
179-Governor of the State of Indiana
180-Date: Time:
181-HEA 1448 — Concur
279+(m) This section expires July 1, 2039.".
280+and when so amended that said bill do pass.
281+(Reference is to HB 1448 as reprinted February 20, 2025.)
282+EH 1448—LS 7667/DI 107 8
283+MISHLER, Chairperson
284+Committee Vote: Yeas 13, Nays 0.
285+EH 1448—LS 7667/DI 107