First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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additions will appear in this style type, and deletions will appear in this style type.
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provision adopted), the text of the new provision will appear in this style type. Also, the
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between statutes enacted by the 2024 Regular Session of the General Assembly.
HOUSE ENROLLED ACT No. 1448
AN ACT to amend the Indiana Code concerning gaming and to
make an appropriation.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 4-33-13-5.3, AS AMENDED BY P.L.9-2024,
SECTION 110, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 5.3. (a) This section applies to
each of the first four (4) full state fiscal years beginning after a licensed
owner begins gaming operations under IC 4-33-6-4.5. the state fiscal
year beginning July 1, 2024.
(b) As used in this section, "qualified city" refers to East Chicago,
Hammond, or Michigan City.
(c) The state comptroller shall determine the total amount of money
paid by the state comptroller under section 5(a)(2) of this chapter to
Gary, East Chicago, Hammond, and Michigan City during the state
fiscal year ending on June 30, 2019. The amount determined under this
subsection for each city is the city's base year revenue. The state
comptroller shall certify the base year revenue determined under this
subsection to each city.
(d) Subject to subsection (g), A qualified city is entitled to eligible
for a supplemental payment under this section if both of the following
occur in a particular the state fiscal year:
(1) The total amount payable to Gary under section 5(a)(2) of this
chapter in the state fiscal year is greater than the base year
revenue determined for Gary under subsection (c).
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(2) The amount payable to the qualified city under section 5(a)(2)
of this chapter in the state fiscal year is less than the base year
revenue determined for the qualified city under subsection (c).
(e) Subject to subsection (g), The state comptroller shall deduct
determine the lesser of the following: from the amount otherwise
payable to Gary to make a supplemental payment to a qualified city
entitled to a payment under subsection (d):
(1) The difference between the base year revenue determined for
the qualified city under subsection (c) and the amount payable to
the qualified city under section 5(a)(2) of this chapter.
(2) The difference between the amount payable to Gary under
section 5(a)(2) of this chapter and the base year revenue
determined for Gary under subsection (c).
(f) Subject to subsection (g), the state comptroller shall supplement
the amount payable to the qualified city under section 5(a)(2) of this
chapter with a payment equal to the amount deducted under subsection
(e) for the qualified city.
(g) The state comptroller may not deduct from the amounts payable
under section 5(a)(2) of this chapter to Gary in a particular state fiscal
year an amount greater than the difference between the amount payable
to Gary under section 5(a)(2) of this chapter and the base year revenue
determined for Gary under subsection (c). If the total amount of the
supplemental payments determined for qualified cities exceeds the
amount that may be deducted under this section, the amount paid to
each qualified city entitled to a supplemental payment must be
determined under STEP FOUR the following formula:
STEP ONE: Determine the difference between the qualified city's
base year revenue and the amount payable to the qualified city
under section 5(a)(2) of this chapter for the particular state fiscal
year.
STEP TWO: Determine the sum of the STEP ONE results for all
qualified cities entitled to a supplemental payment in the
particular state fiscal year.
STEP THREE: Determine for each qualified city entitled to a
supplemental payment in the particular state fiscal year the
quotient of:
(A) the STEP ONE result for the qualified city; divided by
(B) the STEP TWO result.
STEP FOUR: Determine for each qualified city entitled to a
supplemental payment in the particular state fiscal year the
product of:
(A) the STEP THREE quotient; multiplied by
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(B) the maximum amount that may be deducted from the
amounts payable under section 5(a)(2) of this chapter for Gary.
(f) This section expires July 1, 2039.
SECTION 2. IC 4-33-13-5.4 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 5.4. (a) This section applies to each state
fiscal year beginning after June 30, 2026.
(b) As used in this section, "qualified city" refers to East
Chicago, Hammond, or Michigan City.
(c) As used in this section, "supplemental payment statute"
refers to IC 4-33-13-5.3, as in effect on January 1, 2025.
(d) Subject to subsections (i) and (j), a qualified city is entitled
to supplemental payments under this section for amounts not paid
in state fiscal years 2022, 2023, 2024, and 2025 under the
supplemental payment statute. The state comptroller shall
determine the total amount of supplemental payments to which
each qualified city is entitled as follows:
(1) In the case of East Chicago, an amount equal to the sum of
the following:
(A) Six million four hundred seventy-four thousand two
hundred seventy-four dollars ($6,474,274).
(B) The amount, if any, for state fiscal year 2025 for which
East Chicago is eligible under the supplemental payment
statute.
(2) In the case of Michigan City, an amount equal to the sum
of the following:
(A) Five million seven hundred fifty-two thousand one
hundred twenty-five dollars ($5,752,125).
(B) The amount, if any, for state fiscal year 2025 for which
Michigan City is eligible under the supplemental payment
statute.
(3) In the case of Hammond, an amount equal to the amount,
if any, for state fiscal year 2025 for which Hammond is
eligible under the supplemental payment statute.
(e) Subject to subsections (j) and (l), each month the state
comptroller shall deduct an amount otherwise payable to Gary
under section 5(a)(2) of this chapter, if any, for the purpose of this
chapter, not to exceed a total of two million dollars ($2,000,000) for
the state fiscal year.
(f) Subject to subsections (i), (j), and (l), the state comptroller
shall annually distribute supplemental payments to each qualified
city, on a monthly basis, based on:
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(1) the amount deducted under subsection (e) in the preceding
month; and
(2) one-twelfth (1/12) of the amount appropriated from the
state general fund under subsection (k).
(g) Money for the supplemental payments is sourced from:
(1) the total amount deducted under subsection (e) in the state
fiscal year; plus
(2) money appropriated by the general assembly for the state
fiscal year for the purpose of making supplemental payments
under this section.
(h) The state comptroller shall make a supplemental payment in
each state fiscal year to each qualified city in an amount
determined under the last STEP of the following formula:
STEP ONE: Divide the:
(A) total amount determined under subsection (d) for the
qualified city; by
(B) aggregate amount of supplemental payments for all
qualified cities determined under subsection (d).
STEP TWO: Multiply the:
(A) STEP ONE result; by
(B) amount of money to be used for supplemental
payments in the state fiscal year under subsections (f) and
(g).
(i) A qualified city may not receive a supplemental payment in
excess of the amount determined under subsection (d) for the
qualified city.
(j) The total amount of supplemental payments made to
qualified cities in all state fiscal years may not exceed the aggregate
amount of supplemental payments determined under subsection
(d).
(k) There is appropriated from the state general fund to the
gaming fund two million dollars ($2,000,000) in each state fiscal
year beginning after June 30, 2026, which may only be used to
make supplemental payments. Any amount not needed to make a
supplemental payment in a state fiscal year reverts to the state
general fund at the close of the state fiscal year and may not be
used for any other purpose.
(l) After the total amount of all supplemental payments to
qualified cities determined in subsection (d) have been made under
this chapter, the state comptroller shall continue, each month, to
deduct an amount otherwise payable to Gary under section 5(a)(2)
of this chapter as set forth in subsection (e) not to exceed a total of
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two million dollars ($2,000,000) for the state fiscal year for the
purpose of repaying to the state the total amounts appropriated
from the state general fund under subsection (k) and paid to
qualified cites as supplemental payments under this chapter. The
state comptroller shall cease the deductions under this subsection
on the date that the total amounts appropriated from the state
general fund under subsection (k) and paid to qualified cites have
been repaid.
(m) This section expires July 1, 2039.
SECTION 3. An emergency is declared for this act.
HEA 1448 — Concur Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date: Time:
HEA 1448 — Concur