1 | 1 | | |
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2 | 2 | | Introduced Version |
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3 | 3 | | SENATE BILL No. 293 |
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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 4-33; IC 36-7-42. |
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7 | 7 | | Synopsis: Relocation of riverboat gambling operation. Provides that |
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8 | 8 | | the licensed owner of the riverboat located in the city of Rising Sun |
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9 | 9 | | (licensed owner) may relocate gaming operations to a casino in the city |
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10 | 10 | | of New Haven if certain conditions are met. Requires the licensed |
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11 | 11 | | owner to pay a fee of $50,000,000 if the licensed owner sells or |
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12 | 12 | | transfers the licensed owner's interest in the licensed owner's license |
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13 | 13 | | within five years of the approval of relocation. Provides for distribution |
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14 | 14 | | of supplemental wagering tax revenue and wagering tax revenue after |
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15 | 15 | | the relocation of gaming operations. Establishes the together for |
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16 | 16 | | tomorrow commission (commission). Specifies members to the |
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17 | 17 | | commission. Specifies the purposes of the commission. |
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18 | 18 | | Effective: July 1, 2025. |
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19 | 19 | | Zay |
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20 | 20 | | January 13, 2025, read first time and referred to Committee on Public Policy. |
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21 | 21 | | 2025 IN 293—LS 6959/DI 125 Introduced |
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22 | 22 | | First Regular Session of the 124th General Assembly (2025) |
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23 | 23 | | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana |
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24 | 24 | | Constitution) is being amended, the text of the existing provision will appear in this style type, |
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25 | 25 | | additions will appear in this style type, and deletions will appear in this style type. |
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26 | 26 | | Additions: Whenever a new statutory provision is being enacted (or a new constitutional |
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27 | 27 | | provision adopted), the text of the new provision will appear in this style type. Also, the |
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28 | 28 | | word NEW will appear in that style type in the introductory clause of each SECTION that adds |
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29 | 29 | | a new provision to the Indiana Code or the Indiana Constitution. |
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30 | 30 | | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts |
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31 | 31 | | between statutes enacted by the 2024 Regular Session of the General Assembly. |
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32 | 32 | | SENATE BILL No. 293 |
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33 | 33 | | A BILL FOR AN ACT to amend the Indiana Code concerning |
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34 | 34 | | gaming. |
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35 | 35 | | Be it enacted by the General Assembly of the State of Indiana: |
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36 | 36 | | 1 SECTION 1. IC 4-33-2-17, AS AMENDED BY P.L.293-2019, |
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37 | 37 | | 2 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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38 | 38 | | 3 JULY 1, 2025]: Sec. 17. "Riverboat" means any of the following on |
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39 | 39 | | 4 which lawful gambling is authorized under this article: |
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40 | 40 | | 5 (1) A self-propelled excursion boat that complies with |
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41 | 41 | | 6 IC 4-33-6-6(a) and is located in a county that is contiguous to |
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42 | 42 | | 7 Lake Michigan or the Ohio River. |
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43 | 43 | | 8 (2) A casino located in a historic hotel district. |
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44 | 44 | | 9 (3) A permanently moored craft operating from a county |
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45 | 45 | | 10 described in subdivision (1). |
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46 | 46 | | 11 (4) An inland casino operating under IC 4-33-6-24. |
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47 | 47 | | 12 (5) A casino operated in Gary under IC 4-33-6-4.5. |
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48 | 48 | | 13 (6) A casino operated in Vigo County under IC 4-33-6.7. |
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49 | 49 | | 14 (7) A casino operated in the city of New Haven under |
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50 | 50 | | 15 IC 4-33-6-26. |
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51 | 51 | | 16 SECTION 2. IC 4-33-6-1, AS AMENDED BY P.L.293-2019, |
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52 | 52 | | 17 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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53 | 53 | | 2025 IN 293—LS 6959/DI 125 2 |
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54 | 54 | | 1 JULY 1, 2025]: Sec. 1. (a) The commission may issue to a person a |
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55 | 55 | | 2 license to own a riverboat subject to the numerical and geographical |
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56 | 56 | | 3 limitation of owner's licenses under this section and IC 4-33-4-17. Not |
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57 | 57 | | 4 more than ten (10) owner's licenses may be in effect at any time. |
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58 | 58 | | 5 Subject to subsection (d), those owner's licenses may be issued as |
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59 | 59 | | 6 follows: |
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60 | 60 | | 7 (1) Not more than two (2) licenses for not more than two (2) |
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61 | 61 | | 8 riverboats that operate in or from the city of Gary. |
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62 | 62 | | 9 (2) One (1) license for a riverboat that operates from the city of |
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63 | 63 | | 10 Hammond. |
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64 | 64 | | 11 (3) One (1) license for a riverboat that operates from the city of |
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65 | 65 | | 12 East Chicago. |
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66 | 66 | | 13 (4) One (1) license for a city located in a county contiguous to |
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67 | 67 | | 14 Lake Michigan. However, this license may not be issued to a city |
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68 | 68 | | 15 described in subdivisions (1) through (3). |
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69 | 69 | | 16 (5) Not more than a total of five (5) licenses for riverboats that |
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70 | 70 | | 17 operate upon the Ohio River from the following counties: |
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71 | 71 | | 18 (A) Vanderburgh County. |
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72 | 72 | | 19 (B) Harrison County. |
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73 | 73 | | 20 (C) Switzerland County. |
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74 | 74 | | 21 (D) Ohio County. |
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75 | 75 | | 22 (E) Dearborn County. |
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76 | 76 | | 23 The commission may not issue a license to an applicant if the |
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77 | 77 | | 24 issuance of the license would result in more than one (1) riverboat |
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78 | 78 | | 25 operating from a county described in this subdivision. |
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79 | 79 | | 26 (6) Not more than one (1) license for a riverboat that operates as |
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80 | 80 | | 27 an inland casino in Vigo County under IC 4-33-6.7. |
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81 | 81 | | 28 (7) Not more than one (1) license for a riverboat that operates |
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82 | 82 | | 29 as a casino in the city of New Haven under section 26 of this |
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83 | 83 | | 30 chapter. |
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84 | 84 | | 31 (b) In addition to its power to issue owner's licenses under |
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85 | 85 | | 32 subsection (a), the commission may also enter into a contract under |
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86 | 86 | | 33 IC 4-33-6.5 with respect to the operation of one (1) riverboat on behalf |
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87 | 87 | | 34 of the commission in a historic hotel district. |
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88 | 88 | | 35 (c) Except as provided in section 26 of this chapter, a person |
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89 | 89 | | 36 holding an owner's license may not move the person's riverboat from |
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90 | 90 | | 37 the county in which the riverboat was docked on January 1, 2007, to |
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91 | 91 | | 38 any other county. |
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92 | 92 | | 39 (d) The following apply to the allocation and issuance of owner's |
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93 | 93 | | 40 licenses under subsection (a): |
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94 | 94 | | 41 (1) A licensed owner holding two licenses issued under |
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95 | 95 | | 42 subsection (a)(1) must relinquish one (1) of the licenses under |
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96 | 96 | | 2025 IN 293—LS 6959/DI 125 3 |
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97 | 97 | | 1 section 4.5 of this chapter upon the commission's approval of the |
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98 | 98 | | 2 licensed owner's request to relocate gaming operations under |
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99 | 99 | | 3 section 4.5 of this chapter. |
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100 | 100 | | 4 (2) An owner's license relinquished under subdivision (1) and |
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101 | 101 | | 5 section 4.5 of this chapter may not be reissued with respect to |
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102 | 102 | | 6 gaming operations in Gary. |
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103 | 103 | | 7 (3) The licensed owner who relinquishes a license under |
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104 | 104 | | 8 subdivision (1) and section 4.5 of this chapter may operate two |
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105 | 105 | | 9 (2) docked riverboats under a single license unless and until the |
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106 | 106 | | 10 licensed owner begins gaming operations at a relocated inland |
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107 | 107 | | 11 casino under section 4.5 of this chapter. |
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108 | 108 | | 12 (4) If an owner's license is relinquished under subdivision (1) and |
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109 | 109 | | 13 section 4.5 of this chapter, an owner's license may be issued to |
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110 | 110 | | 14 authorize gaming operations in Vigo County in accordance with |
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111 | 111 | | 15 subsection (a)(6) and the procedures set forth in IC 4-33-6.7. |
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112 | 112 | | 16 (5) If the commission approves a licensed owner's request to |
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113 | 113 | | 17 relocate gaming operations from Ohio County under section |
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114 | 114 | | 18 26 of this chapter, the following apply: |
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115 | 115 | | 19 (A) The licensed owner may be authorized to begin gaming |
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116 | 116 | | 20 operations in a casino in the city of New Haven in |
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117 | 117 | | 21 accordance with subsection (a)(7) and the procedures set |
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118 | 118 | | 22 forth in section 26 of this chapter. |
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119 | 119 | | 23 (B) A new owner's license may not be issued to authorize |
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120 | 120 | | 24 gaming operations in Ohio County after gaming operations |
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121 | 121 | | 25 are relocated to the city of New Haven. |
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122 | 122 | | 26 SECTION 3. IC 4-33-6-6, AS AMENDED BY P.L.293-2019, |
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123 | 123 | | 27 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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124 | 124 | | 28 JULY 1, 2025]: Sec. 6. (a) Except as provided in subsection (c) or (d), |
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125 | 125 | | 29 a riverboat that operates in a county that is contiguous to Lake |
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126 | 126 | | 30 Michigan or the Ohio River must: |
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127 | 127 | | 31 (1) have either: |
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128 | 128 | | 32 (A) a valid certificate of inspection from the United States |
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129 | 129 | | 33 Coast Guard for the carrying of at least five hundred (500) |
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130 | 130 | | 34 passengers; or |
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131 | 131 | | 35 (B) a valid certificate of compliance with marine structural and |
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132 | 132 | | 36 life safety standards determined by the commission; and |
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133 | 133 | | 37 (2) be at least one hundred fifty (150) feet in length. |
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134 | 134 | | 38 (b) This subsection applies only to a riverboat that operates on the |
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135 | 135 | | 39 Ohio River. A riverboat must replicate, as nearly as possible, historic |
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136 | 136 | | 40 Indiana steamboat passenger vessels of the nineteenth century. |
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137 | 137 | | 41 However, steam propulsion or overnight lodging facilities are not |
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138 | 138 | | 42 required under this subsection. |
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139 | 139 | | 2025 IN 293—LS 6959/DI 125 4 |
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140 | 140 | | 1 (c) A riverboat described in IC 4-33-2-17(3) must have a valid |
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141 | 141 | | 2 certificate of compliance with the marine structural and life safety |
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142 | 142 | | 3 standards determined by the commission under IC 4-33-4-13.5 for a |
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143 | 143 | | 4 permanently moored craft. |
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144 | 144 | | 5 (d) A riverboat constructed under section 24 of this chapter or a |
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145 | 145 | | 6 riverboat relocated under section 4.5 or 26 of this chapter must comply |
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146 | 146 | | 7 with all applicable building codes and any safety requirements imposed |
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147 | 147 | | 8 by the commission. |
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148 | 148 | | 9 SECTION 4. IC 4-33-6-24, AS AMENDED BY P.L.293-2019, |
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149 | 149 | | 10 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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150 | 150 | | 11 JULY 1, 2025]: Sec. 24. (a) This section does not apply to: |
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151 | 151 | | 12 (1) gaming operations relocated under section 4.5 or 26 of this |
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152 | 152 | | 13 chapter; or |
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153 | 153 | | 14 (2) an inland casino operated in Vigo County under IC 4-33-6.7. |
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154 | 154 | | 15 (b) For purposes of this section, property is considered to be |
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155 | 155 | | 16 adjacent to a riverboat dock site even if it is separated from the dock |
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156 | 156 | | 17 site by public rights-of-way or railroad rights-of-way. |
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157 | 157 | | 18 (c) A licensed owner may relocate the licensed owner's gaming |
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158 | 158 | | 19 operation from a docked riverboat to an inland casino if the following |
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159 | 159 | | 20 conditions are met: |
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160 | 160 | | 21 (1) Except as provided in subsection (d), the casino is located on |
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161 | 161 | | 22 property that the licensed owner owned or leased and used in the |
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162 | 162 | | 23 conduct of the licensed owner's gaming operations on February 1, |
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163 | 163 | | 24 2015. |
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164 | 164 | | 25 (2) The casino is located on property adjacent to the dock site of |
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165 | 165 | | 26 the licensed owner's riverboat. |
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166 | 166 | | 27 (3) The casino complies with all applicable building codes and |
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167 | 167 | | 28 any safety requirements imposed by the commission. |
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168 | 168 | | 29 (4) The commission approves the relocation of the licensed |
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169 | 169 | | 30 owner's gaming operation. |
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170 | 170 | | 31 (d) This subsection applies to a licensed owner that owns or leases |
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171 | 171 | | 32 property that is considered adjacent to a riverboat dock site under |
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172 | 172 | | 33 subsection (b). The licensed owner may: |
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173 | 173 | | 34 (1) acquire part of the public rights-of-way or railroad |
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174 | 174 | | 35 rights-of-way to form a contiguous parcel with the property |
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175 | 175 | | 36 owned or leased by the licensed owner on February 1, 2015; and |
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176 | 176 | | 37 (2) subject to the other requirements of this section, situate an |
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177 | 177 | | 38 inland casino on the contiguous parcel formed under subdivision |
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178 | 178 | | 39 (1). |
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179 | 179 | | 40 (e) The commission may impose any requirement upon a licensed |
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180 | 180 | | 41 owner relocating gaming operations under this section. |
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181 | 181 | | 42 (f) The number of gambling games offered by a licensed owner in |
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182 | 182 | | 2025 IN 293—LS 6959/DI 125 5 |
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183 | 183 | | 1 an inland facility operated under this section may not exceed the |
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184 | 184 | | 2 greatest number of gambling games offered by the licensed owner in |
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185 | 185 | | 3 the licensed owner's docked riverboat since January 1, 2007. |
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186 | 186 | | 4 SECTION 5. IC 4-33-6-26 IS ADDED TO THE INDIANA CODE |
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187 | 187 | | 5 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
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188 | 188 | | 6 1, 2025]: Sec. 26. (a) A person holding an owner's license for a |
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189 | 189 | | 7 riverboat operated from Ohio County may move gaming |
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190 | 190 | | 8 operations to a casino in the city of New Haven only if the: |
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191 | 191 | | 9 (1) licensed owner submits to the commission, with agreement |
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192 | 192 | | 10 from the legislative body of the city of New Haven, a request |
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193 | 193 | | 11 for approval to relocate the licensed owner's gaming |
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194 | 194 | | 12 operations; |
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195 | 195 | | 13 (2) licensed owner plans an investment of at least five hundred |
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196 | 196 | | 14 million dollars ($500,000,000) for the relocation and |
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197 | 197 | | 15 development of a casino and nongaming amenities, of which |
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198 | 198 | | 16 at least fifty percent (50%) will be invested in the initial phase |
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199 | 199 | | 17 of development, and, except as provided in subsection (e), the |
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200 | 200 | | 18 remaining amount invested, and the relocation and |
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201 | 201 | | 19 development of the casino and nongaming amenities |
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202 | 202 | | 20 completed, not later than five (5) years after gaming |
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203 | 203 | | 21 operations begin at the casino; |
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204 | 204 | | 22 (3) licensed owner affirms that the licensed owner will work |
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205 | 205 | | 23 with the city of Rising Sun, Ohio County, and the Indiana |
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206 | 206 | | 24 economic development corporation to redevelop the vacated |
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207 | 207 | | 25 site of gaming operations in Ohio County in a manner that |
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208 | 208 | | 26 best serves the interests of the local community; |
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209 | 209 | | 27 (4) licensed owner complies with all applicable building codes |
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210 | 210 | | 28 and any safety requirements imposed by the commission; |
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211 | 211 | | 29 (5) licensed owner complies with any other requirement |
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212 | 212 | | 30 imposed by the commission; and |
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213 | 213 | | 31 (6) commission approves the request. |
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214 | 214 | | 32 (b) The commission shall prescribe the form of the request for |
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215 | 215 | | 33 approval to relocate the licensed owner's gaming operations under |
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216 | 216 | | 34 this section. |
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217 | 217 | | 35 (c) Before approving a request to relocate the licensed owner's |
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218 | 218 | | 36 gaming operations under this section, the commission shall |
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219 | 219 | | 37 consider the following: |
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220 | 220 | | 38 (1) The estimated economic benefits. |
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221 | 221 | | 39 (2) The estimated tax revenue. |
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222 | 222 | | 40 (3) The estimated number of new jobs. |
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223 | 223 | | 41 (4) An expected timeline for the relocation and development |
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224 | 224 | | 42 of a casino and nongaming amenities, including the initial |
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225 | 225 | | 2025 IN 293—LS 6959/DI 125 6 |
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226 | 226 | | 1 phase of development and the completion of development. |
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227 | 227 | | 2 (5) Any other issue deemed appropriate by the commission. |
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228 | 228 | | 3 (d) If the licensed owner sells or otherwise transfers the licensed |
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229 | 229 | | 4 owner's interest in the owner's license within five (5) years from |
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230 | 230 | | 5 the date the relocation of gaming operations is approved by the |
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231 | 231 | | 6 commission under this section, the licensed owner shall pay a fee |
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232 | 232 | | 7 of fifty million dollars ($50,000,000) before the sale or transfer of |
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233 | 233 | | 8 the license may be approved by the commission. Any payment |
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234 | 234 | | 9 required under this subsection shall be deposited in the state |
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235 | 235 | | 10 general fund. |
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236 | 236 | | 11 (e) If, at any time after the initial phase of development |
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237 | 237 | | 12 described in subsection (a)(2) and the date that is five (5) years |
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238 | 238 | | 13 after gaming operations begin at the casino, the licensed owner |
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239 | 239 | | 14 determines that the: |
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240 | 240 | | 15 (1) remaining amount of the initial five hundred million dollar |
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241 | 241 | | 16 ($500,000,000) investment; and |
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242 | 242 | | 17 (2) relocation and development of the casino and nongaming |
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243 | 243 | | 18 amenities; |
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244 | 244 | | 19 will not be fully invested and completed within five (5) years after |
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245 | 245 | | 20 gaming operations begin at the casino, as described in subsection |
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246 | 246 | | 21 (a)(2), the licensed owner shall, in a form and manner prescribed |
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247 | 247 | | 22 by the commission, report the length of any necessary period of |
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248 | 248 | | 23 extension to the commission, including an explanation of the reason |
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249 | 249 | | 24 for the extension and any additional information requested by the |
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250 | 250 | | 25 commission. If the commission finds that the reason for the |
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251 | 251 | | 26 extension is reasonable, as determined by the commission, the |
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252 | 252 | | 27 extension may be approved. If the commission finds that the reason |
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253 | 253 | | 28 for the extension is not reasonable, the commission may impose a |
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254 | 254 | | 29 civil penalty against the licensed owner. The licensed owner may |
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255 | 255 | | 30 request that the commission describe potential reasons for an |
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256 | 256 | | 31 extension that would be considered reasonable under this |
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257 | 257 | | 32 subsection at the time the initial phase of development begins. |
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258 | 258 | | 33 SECTION 6. IC 4-33-12-1.5, AS AMENDED BY P.L.293-2019, |
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259 | 259 | | 34 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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260 | 260 | | 35 JULY 1, 2025]: Sec. 1.5. (a) A supplemental wagering tax on the |
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261 | 261 | | 36 wagering occurring each day at a riverboat is imposed upon the |
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262 | 262 | | 37 licensed owner operating the riverboat. |
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263 | 263 | | 38 (b) Except as provided in subsection (d), subsections (d) and (e), |
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264 | 264 | | 39 and subject to subsection (c), the amount of supplemental wagering tax |
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265 | 265 | | 40 imposed for a particular day is determined by multiplying the |
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266 | 266 | | 41 riverboat's adjusted gross receipts for that day by the quotient of: |
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267 | 267 | | 42 (1) the total riverboat admissions tax that the riverboat's licensed |
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268 | 268 | | 2025 IN 293—LS 6959/DI 125 7 |
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269 | 269 | | 1 owner paid beginning July 1, 2016, and ending June 30, 2017; |
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270 | 270 | | 2 divided by |
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271 | 271 | | 3 (2) the riverboat's adjusted gross receipts beginning July 1, 2016, |
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272 | 272 | | 4 and ending June 30, 2017. |
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273 | 273 | | 5 (c) The quotient used under subsection (b) to determine the |
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274 | 274 | | 6 supplemental wagering tax liability of a licensed owner subject to |
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275 | 275 | | 7 subsection (b) may not exceed the following when expressed as a |
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276 | 276 | | 8 percentage: |
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277 | 277 | | 9 (1) Four percent (4%) before July 1, 2019. |
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278 | 278 | | 10 (2) Three and five-tenths percent (3.5%) after June 30, 2019. |
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279 | 279 | | 11 (d) The supplemental wagering tax liability of a licensed owner |
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280 | 280 | | 12 operating an inland casino in Vigo County is equal to two and |
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281 | 281 | | 13 nine-tenths percent (2.9%) of the riverboat's adjusted gross receipts for |
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282 | 282 | | 14 the day. |
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283 | 283 | | 15 (e) The supplemental wagering tax liability of a licensed owner |
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284 | 284 | | 16 operating a casino in the city of New Haven is equal to three |
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285 | 285 | | 17 percent (3%) of the riverboat's adjusted gross receipts for the day. |
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286 | 286 | | 18 SECTION 7. IC 4-33-12-6, AS AMENDED BY P.L.104-2022, |
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287 | 287 | | 19 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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288 | 288 | | 20 JULY 1, 2025]: Sec. 6. (a) The department shall place in the state |
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289 | 289 | | 21 general fund the tax revenue collected under this chapter. |
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290 | 290 | | 22 (b) Except as provided by sections 8, and 8.5, and 8.7 of this |
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291 | 291 | | 23 chapter, the treasurer of state shall quarterly pay the following |
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292 | 292 | | 24 amounts: |
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293 | 293 | | 25 (1) Except as provided in section 9(k) of this chapter, thirty-three |
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294 | 294 | | 26 and one-third percent (33 1/3%) of the admissions tax and |
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295 | 295 | | 27 supplemental wagering tax collected by the licensed owner during |
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296 | 296 | | 28 the quarter shall be paid to: |
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297 | 297 | | 29 (A) the city in which the riverboat is located, if the city: |
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298 | 298 | | 30 (i) is located in a county having a population of more than |
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299 | 299 | | 31 one hundred twelve thousand (112,000) and less than one |
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300 | 300 | | 32 hundred twenty thousand (120,000); or |
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301 | 301 | | 33 (ii) is contiguous to the Ohio River and is the largest city in |
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302 | 302 | | 34 the county; and |
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303 | 303 | | 35 (B) the county in which the riverboat is located, if the |
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304 | 304 | | 36 riverboat is not located in a city described in clause (A). |
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305 | 305 | | 37 (2) Except as provided in section 9(k) of this chapter, thirty-three |
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306 | 306 | | 38 and one-third percent (33 1/3%) of the admissions tax and |
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307 | 307 | | 39 supplemental wagering tax collected by the licensed owner during |
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308 | 308 | | 40 the quarter shall be paid to the county in which the riverboat is |
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309 | 309 | | 41 located. In the case of a county described in subdivision (1)(B), |
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310 | 310 | | 42 this thirty-three and one-third percent (33 1/3%) of the admissions |
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311 | 311 | | 2025 IN 293—LS 6959/DI 125 8 |
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312 | 312 | | 1 tax and supplemental wagering tax is in addition to the |
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313 | 313 | | 2 thirty-three and one-third percent (33 1/3%) received under |
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314 | 314 | | 3 subdivision (1)(B). |
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315 | 315 | | 4 (3) Except as provided in section 9(k) of this chapter, three and |
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316 | 316 | | 5 thirty-three hundredths percent (3.33%) of the admissions tax and |
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317 | 317 | | 6 supplemental wagering tax collected by the licensed owner during |
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318 | 318 | | 7 the quarter shall be paid to the county convention and visitors |
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319 | 319 | | 8 bureau or promotion fund for the county in which the riverboat is |
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320 | 320 | | 9 located. |
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321 | 321 | | 10 (4) Except as provided in section 9(k) of this chapter, five percent |
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322 | 322 | | 11 (5%) of the admissions tax and supplemental wagering tax |
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323 | 323 | | 12 collected by the licensed owner during a quarter shall be paid to |
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324 | 324 | | 13 the state fair commission, for use in any activity that the |
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325 | 325 | | 14 commission is authorized to carry out under IC 15-13-3. |
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326 | 326 | | 15 (5) Except as provided in section 9(k) of this chapter, three and |
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327 | 327 | | 16 thirty-three hundredths percent (3.33%) of the admissions tax and |
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328 | 328 | | 17 supplemental wagering tax collected by the licensed owner during |
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329 | 329 | | 18 the quarter shall be paid to the division of mental health and |
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330 | 330 | | 19 addiction. The division shall allocate at least twenty-five percent |
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331 | 331 | | 20 (25%) of the funds derived from the admissions tax to the |
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332 | 332 | | 21 prevention and treatment of compulsive gambling. |
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333 | 333 | | 22 (6) Twenty-one and six hundred sixty-seven thousandths percent |
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334 | 334 | | 23 (21.667%) of the admissions tax and supplemental wagering tax |
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335 | 335 | | 24 collected by the licensed owner during the quarter shall be paid |
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336 | 336 | | 25 to the state general fund. |
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337 | 337 | | 26 SECTION 8. IC 4-33-12-8.7 IS ADDED TO THE INDIANA CODE |
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338 | 338 | | 27 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
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339 | 339 | | 28 1, 2025]: Sec. 8.7. (a) This section applies only to tax revenue |
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340 | 340 | | 29 collected under this chapter from a casino located in the city of |
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341 | 341 | | 30 New Haven. |
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342 | 342 | | 31 (b) The treasurer of state shall pay all amounts from taxes |
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343 | 343 | | 32 collected during the preceding calendar quarter from the casino |
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344 | 344 | | 33 located in the city of New Haven to the fiscal officer of the together |
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345 | 345 | | 34 for tomorrow commission established by IC 36-7-42-3 for deposit |
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346 | 346 | | 35 in the together for tomorrow fund established by IC 36-7-42-9. |
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347 | 347 | | 36 SECTION 9. IC 4-33-13-5, AS AMENDED BY P.L.9-2024, |
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348 | 348 | | 37 SECTION 109, IS AMENDED TO READ AS FOLLOWS |
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349 | 349 | | 38 [EFFECTIVE JULY 1, 2025]: Sec. 5. (a) This subsection does not |
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350 | 350 | | 39 apply to tax revenue remitted by an operating agent operating a |
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351 | 351 | | 40 riverboat in a historic hotel district. Excluding funds that are |
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352 | 352 | | 41 appropriated in the biennial budget act from the state gaming fund to |
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353 | 353 | | 42 the commission for purposes of administering this article, each month |
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354 | 354 | | 2025 IN 293—LS 6959/DI 125 9 |
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355 | 355 | | 1 the state comptroller shall distribute the tax revenue deposited in the |
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356 | 356 | | 2 state gaming fund under this chapter to the following: |
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357 | 357 | | 3 (1) An amount equal to the following shall be set aside for |
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358 | 358 | | 4 revenue sharing under subsection (d): |
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359 | 359 | | 5 (A) Before July 1, 2021, the first thirty-three million dollars |
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360 | 360 | | 6 ($33,000,000) of tax revenues collected under this chapter |
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361 | 361 | | 7 shall be set aside for revenue sharing under subsection (d). |
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362 | 362 | | 8 (B) After June 30, 2021, if the total adjusted gross receipts |
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363 | 363 | | 9 received by licensees from gambling games authorized under |
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364 | 364 | | 10 this article during the preceding state fiscal year is equal to or |
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365 | 365 | | 11 greater than the total adjusted gross receipts received by |
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366 | 366 | | 12 licensees from gambling games authorized under this article |
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367 | 367 | | 13 during the state fiscal year ending June 30, 2020, the first |
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368 | 368 | | 14 thirty-three million dollars ($33,000,000) of tax revenues |
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369 | 369 | | 15 collected under this chapter shall be set aside for revenue |
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370 | 370 | | 16 sharing under subsection (d). |
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371 | 371 | | 17 (C) After June 30, 2021, if the total adjusted gross receipts |
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372 | 372 | | 18 received by licensees from gambling games authorized under |
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373 | 373 | | 19 this article during the preceding state fiscal year is less than |
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374 | 374 | | 20 the total adjusted gross receipts received by licensees from |
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375 | 375 | | 21 gambling games authorized under this article during the state |
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376 | 376 | | 22 year ending June 30, 2020, an amount equal to the first |
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377 | 377 | | 23 thirty-three million dollars ($33,000,000) of tax revenues |
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378 | 378 | | 24 collected under this chapter multiplied by the result of: |
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379 | 379 | | 25 (i) the total adjusted gross receipts received by licensees |
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380 | 380 | | 26 from gambling games authorized under this article during |
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381 | 381 | | 27 the preceding state fiscal year; divided by |
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382 | 382 | | 28 (ii) the total adjusted gross receipts received by licensees |
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383 | 383 | | 29 from gambling games authorized under this article during |
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384 | 384 | | 30 the state fiscal year ending June 30, 2020; |
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385 | 385 | | 31 shall be set aside for revenue sharing under subsection (d). |
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386 | 386 | | 32 (2) Subject to subsection (c), twenty-five percent (25%) of the |
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387 | 387 | | 33 remaining tax revenue remitted by each licensed owner shall be |
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388 | 388 | | 34 paid: |
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389 | 389 | | 35 (A) to the city in which the riverboat is located or that is |
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390 | 390 | | 36 designated as the home dock of the riverboat from which the |
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391 | 391 | | 37 tax revenue was collected, in the case of: |
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392 | 392 | | 38 (i) a city described in IC 4-33-12-6(b)(1)(A); |
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393 | 393 | | 39 (ii) a city located in Lake County; or |
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394 | 394 | | 40 (iii) Terre Haute; or |
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395 | 395 | | 41 (iv) the city of New Haven; or |
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396 | 396 | | 42 (B) to the county that is designated as the home dock of the |
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397 | 397 | | 2025 IN 293—LS 6959/DI 125 10 |
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398 | 398 | | 1 riverboat from which the tax revenue was collected, in the case |
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399 | 399 | | 2 of a riverboat that is not located in a city described in clause |
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400 | 400 | | 3 (A) or whose home dock is not in a city described in clause |
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401 | 401 | | 4 (A). |
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402 | 402 | | 5 (3) The remainder of the tax revenue remitted by each licensed |
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403 | 403 | | 6 owner shall be paid to the state general fund. In each state fiscal |
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404 | 404 | | 7 year, the state comptroller shall make the transfer required by this |
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405 | 405 | | 8 subdivision on or before the fifteenth day of the month based on |
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406 | 406 | | 9 revenue received during the preceding month for deposit in the |
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407 | 407 | | 10 state gaming fund. Specifically, the state comptroller may transfer |
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408 | 408 | | 11 the tax revenue received by the state in a month to the state |
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409 | 409 | | 12 general fund in the immediately following month according to this |
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410 | 410 | | 13 subdivision. |
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411 | 411 | | 14 (b) This subsection applies only to tax revenue remitted by an |
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412 | 412 | | 15 operating agent operating a riverboat in a historic hotel district after |
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413 | 413 | | 16 June 30, 2019. Excluding funds that are appropriated in the biennial |
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414 | 414 | | 17 budget act from the state gaming fund to the commission for purposes |
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415 | 415 | | 18 of administering this article, each month the state comptroller shall |
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416 | 416 | | 19 distribute the tax revenue remitted by the operating agent under this |
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417 | 417 | | 20 chapter as follows: |
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418 | 418 | | 21 (1) For state fiscal years beginning after June 30, 2019, but |
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419 | 419 | | 22 ending before July 1, 2021, fifty-six and five-tenths percent |
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420 | 420 | | 23 (56.5%) shall be paid to the state general fund. |
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421 | 421 | | 24 (2) For state fiscal years beginning after June 30, 2021, fifty-six |
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422 | 422 | | 25 and five-tenths percent (56.5%) shall be paid as follows: |
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423 | 423 | | 26 (A) Sixty-six and four-tenths percent (66.4%) shall be paid to |
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424 | 424 | | 27 the state general fund. |
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425 | 425 | | 28 (B) Thirty-three and six-tenths percent (33.6%) shall be paid |
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426 | 426 | | 29 to the West Baden Springs historic hotel preservation and |
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427 | 427 | | 30 maintenance fund established by IC 36-7-11.5-11(b). |
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428 | 428 | | 31 However, if: |
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429 | 429 | | 32 (i) at any time the balance in that fund exceeds twenty-five |
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430 | 430 | | 33 million dollars ($25,000,000); or |
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431 | 431 | | 34 (ii) in any part of a state fiscal year in which the operating |
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432 | 432 | | 35 agent has received at least one hundred million dollars |
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433 | 433 | | 36 ($100,000,000) of adjusted gross receipts; |
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434 | 434 | | 37 the amount described in this clause shall be paid to the state |
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435 | 435 | | 38 general fund for the remainder of the state fiscal year. |
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436 | 436 | | 39 (3) Forty-three and five-tenths percent (43.5%) shall be paid as |
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437 | 437 | | 40 follows: |
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438 | 438 | | 41 (A) Twenty-two and four-tenths percent (22.4%) shall be paid |
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439 | 439 | | 42 as follows: |
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440 | 440 | | 2025 IN 293—LS 6959/DI 125 11 |
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441 | 441 | | 1 (i) Fifty percent (50%) to the fiscal officer of the town of |
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442 | 442 | | 2 French Lick. |
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443 | 443 | | 3 (ii) Fifty percent (50%) to the fiscal officer of the town of |
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444 | 444 | | 4 West Baden Springs. |
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445 | 445 | | 5 (B) Fourteen and eight-tenths percent (14.8%) shall be paid to |
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446 | 446 | | 6 the county treasurer of Orange County for distribution among |
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447 | 447 | | 7 the school corporations in the county. The governing bodies |
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448 | 448 | | 8 for the school corporations in the county shall provide a |
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449 | 449 | | 9 formula for the distribution of the money received under this |
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450 | 450 | | 10 clause among the school corporations by joint resolution |
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451 | 451 | | 11 adopted by the governing body of each of the school |
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452 | 452 | | 12 corporations in the county. Money received by a school |
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453 | 453 | | 13 corporation under this clause must be used to improve the |
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454 | 454 | | 14 educational attainment of students enrolled in the school |
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455 | 455 | | 15 corporation receiving the money. Not later than the first |
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456 | 456 | | 16 regular meeting in the school year of a governing body of a |
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457 | 457 | | 17 school corporation receiving a distribution under this clause, |
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458 | 458 | | 18 the superintendent of the school corporation shall submit to |
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459 | 459 | | 19 the governing body a report describing the purposes for which |
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460 | 460 | | 20 the receipts under this clause were used and the improvements |
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461 | 461 | | 21 in educational attainment realized through the use of the |
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462 | 462 | | 22 money. The report is a public record. |
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463 | 463 | | 23 (C) Thirteen and one-tenth percent (13.1%) shall be paid to the |
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464 | 464 | | 24 county treasurer of Orange County. |
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465 | 465 | | 25 (D) Five and three-tenths percent (5.3%) shall be distributed |
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466 | 466 | | 26 quarterly to the county treasurer of Dubois County for |
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467 | 467 | | 27 appropriation by the county fiscal body after receiving a |
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468 | 468 | | 28 recommendation from the county executive. The county fiscal |
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469 | 469 | | 29 body for the receiving county shall provide for the distribution |
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470 | 470 | | 30 of the money received under this clause to one (1) or more |
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471 | 471 | | 31 taxing units (as defined in IC 6-1.1-1-21) in the county under |
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472 | 472 | | 32 a formula established by the county fiscal body after receiving |
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473 | 473 | | 33 a recommendation from the county executive. |
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474 | 474 | | 34 (E) Five and three-tenths percent (5.3%) shall be distributed |
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475 | 475 | | 35 quarterly to the county treasurer of Crawford County for |
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476 | 476 | | 36 appropriation by the county fiscal body after receiving a |
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477 | 477 | | 37 recommendation from the county executive. The county fiscal |
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478 | 478 | | 38 body for the receiving county shall provide for the distribution |
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479 | 479 | | 39 of the money received under this clause to one (1) or more |
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480 | 480 | | 40 taxing units (as defined in IC 6-1.1-1-21) in the county under |
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481 | 481 | | 41 a formula established by the county fiscal body after receiving |
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482 | 482 | | 42 a recommendation from the county executive. |
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483 | 483 | | 2025 IN 293—LS 6959/DI 125 12 |
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484 | 484 | | 1 (F) Six and thirty-five hundredths percent (6.35%) shall be |
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485 | 485 | | 2 paid to the fiscal officer of the town of Paoli. |
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486 | 486 | | 3 (G) Six and thirty-five hundredths percent (6.35%) shall be |
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487 | 487 | | 4 paid to the fiscal officer of the town of Orleans. |
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488 | 488 | | 5 (H) Twenty-six and four-tenths percent (26.4%) shall be paid |
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489 | 489 | | 6 to the Indiana economic development corporation established |
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490 | 490 | | 7 by IC 5-28-3-1 for transfer as follows: |
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491 | 491 | | 8 (i) Beginning after December 31, 2017, ten percent (10%) |
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492 | 492 | | 9 of the amount transferred under this clause in each calendar |
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493 | 493 | | 10 year shall be transferred to the South Central Indiana |
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494 | 494 | | 11 Regional Economic Development Corporation or a |
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495 | 495 | | 12 successor entity or partnership for economic development |
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496 | 496 | | 13 for the purpose of recruiting new business to Orange County |
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497 | 497 | | 14 as well as promoting the retention and expansion of existing |
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498 | 498 | | 15 businesses in Orange County. |
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499 | 499 | | 16 (ii) The remainder of the amount transferred under this |
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500 | 500 | | 17 clause in each calendar year shall be transferred to Radius |
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501 | 501 | | 18 Indiana or a successor regional entity or partnership for the |
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502 | 502 | | 19 development and implementation of a regional economic |
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503 | 503 | | 20 development strategy to assist the residents of Orange |
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504 | 504 | | 21 County and the counties contiguous to Orange County in |
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505 | 505 | | 22 improving their quality of life and to help promote |
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506 | 506 | | 23 successful and sustainable communities. |
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507 | 507 | | 24 To the extent possible, the Indiana economic development |
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508 | 508 | | 25 corporation shall provide for the transfer under item (i) to be |
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509 | 509 | | 26 made in four (4) equal installments. However, an amount |
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510 | 510 | | 27 sufficient to meet current obligations to retire or refinance |
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511 | 511 | | 28 indebtedness or leases for which tax revenues under this |
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512 | 512 | | 29 section were pledged before January 1, 2015, by the Orange |
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513 | 513 | | 30 County development commission shall be paid to the Orange |
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514 | 514 | | 31 County development commission before making distributions |
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515 | 515 | | 32 to the South Central Indiana Regional Economic Development |
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516 | 516 | | 33 Corporation and Radius Indiana or their successor entities or |
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517 | 517 | | 34 partnerships. The amount paid to the Orange County |
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518 | 518 | | 35 development commission shall proportionally reduce the |
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519 | 519 | | 36 amount payable to the South Central Indiana Regional |
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520 | 520 | | 37 Economic Development Corporation and Radius Indiana or |
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521 | 521 | | 38 their successor entities or partnerships. |
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522 | 522 | | 39 (c) This subsection does not apply to tax revenue remitted by an |
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523 | 523 | | 40 inland casino operating in Vigo County or the city of New Haven. For |
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524 | 524 | | 41 each city and county receiving money under subsection (a)(2), the state |
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525 | 525 | | 42 comptroller shall determine the total amount of money paid by the state |
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526 | 526 | | 2025 IN 293—LS 6959/DI 125 13 |
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527 | 527 | | 1 comptroller to the city or county during the state fiscal year 2002. The |
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528 | 528 | | 2 amount determined is the base year revenue for the city or county. The |
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529 | 529 | | 3 state comptroller shall certify the base year revenue determined under |
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530 | 530 | | 4 this subsection to the city or county. The total amount of money |
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531 | 531 | | 5 distributed to a city or county under this section during a state fiscal |
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532 | 532 | | 6 year may not exceed the entity's base year revenue. For each state fiscal |
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533 | 533 | | 7 year, the state comptroller shall pay that part of the riverboat wagering |
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534 | 534 | | 8 taxes that: |
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535 | 535 | | 9 (1) exceeds a particular city's or county's base year revenue; and |
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536 | 536 | | 10 (2) would otherwise be due to the city or county under this |
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537 | 537 | | 11 section; |
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538 | 538 | | 12 to the state general fund instead of to the city or county. |
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539 | 539 | | 13 (d) Except as provided in subsections (k) and (l), before August 15 |
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540 | 540 | | 14 of each year, the state comptroller shall distribute the wagering taxes |
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541 | 541 | | 15 set aside for revenue sharing under subsection (a)(1) to the county |
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542 | 542 | | 16 treasurer of each county that does not have a riverboat according to the |
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543 | 543 | | 17 ratio that the county's population bears to the total population of the |
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544 | 544 | | 18 counties that do not have a riverboat. Except as provided in subsection |
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545 | 545 | | 19 (g), the county auditor shall distribute the money received by the |
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546 | 546 | | 20 county under this subsection as follows: |
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547 | 547 | | 21 (1) To each city located in the county according to the ratio the |
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548 | 548 | | 22 city's population bears to the total population of the county. |
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549 | 549 | | 23 (2) To each town located in the county according to the ratio the |
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550 | 550 | | 24 town's population bears to the total population of the county. |
---|
551 | 551 | | 25 (3) After the distributions required in subdivisions (1) and (2) are |
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552 | 552 | | 26 made, the remainder shall be retained by the county. |
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553 | 553 | | 27 If a casino begins gaming operations in the city of New Haven, and |
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554 | 554 | | 28 Ohio County and the city of Rising Sun are entitled to a |
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555 | 555 | | 29 distribution under subsection (n), Ohio County and the city of |
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556 | 556 | | 30 Rising Sun may not receive a distribution under this subsection, |
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557 | 557 | | 31 and the population of Ohio County may not be included in the |
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558 | 558 | | 32 calculation under this subsection. |
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559 | 559 | | 33 (e) Money received by a city, town, or county under subsection (d) |
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560 | 560 | | 34 or (g) may be used for any of the following purposes: |
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561 | 561 | | 35 (1) To reduce the property tax levy of the city, town, or county for |
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562 | 562 | | 36 a particular year (a property tax reduction under this subdivision |
---|
563 | 563 | | 37 does not reduce the maximum levy of the city, town, or county |
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564 | 564 | | 38 under IC 6-1.1-18.5). |
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565 | 565 | | 39 (2) For deposit in a special fund or allocation fund created under |
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566 | 566 | | 40 IC 8-22-3.5, IC 36-7-14, IC 36-7-14.5, IC 36-7-15.1, and |
---|
567 | 567 | | 41 IC 36-7-30 to provide funding for debt repayment. |
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568 | 568 | | 42 (3) To fund sewer and water projects, including storm water |
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569 | 569 | | 2025 IN 293—LS 6959/DI 125 14 |
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570 | 570 | | 1 management projects. |
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571 | 571 | | 2 (4) For police and fire pensions. |
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572 | 572 | | 3 (5) To carry out any governmental purpose for which the money |
---|
573 | 573 | | 4 is appropriated by the fiscal body of the city, town, or county. |
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574 | 574 | | 5 Money used under this subdivision does not reduce the property |
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575 | 575 | | 6 tax levy of the city, town, or county for a particular year or reduce |
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576 | 576 | | 7 the maximum levy of the city, town, or county under |
---|
577 | 577 | | 8 IC 6-1.1-18.5. |
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578 | 578 | | 9 (f) This subsection does not apply to an inland casino operating in |
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579 | 579 | | 10 Vigo County or the city of New Haven. Before July 15 of each year, |
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580 | 580 | | 11 the state comptroller shall determine the total amount of money |
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581 | 581 | | 12 distributed to an entity under IC 4-33-12-6 or IC 4-33-12-8 during the |
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582 | 582 | | 13 preceding state fiscal year. If the state comptroller determines that the |
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583 | 583 | | 14 total amount of money distributed to an entity under IC 4-33-12-6 or |
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584 | 584 | | 15 IC 4-33-12-8 during the preceding state fiscal year was less than the |
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585 | 585 | | 16 entity's base year revenue (as determined under IC 4-33-12-9), the state |
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586 | 586 | | 17 comptroller shall make a supplemental distribution to the entity from |
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587 | 587 | | 18 taxes collected under this chapter and deposited into the state general |
---|
588 | 588 | | 19 fund. Except as provided in subsection (h), the amount of an entity's |
---|
589 | 589 | | 20 supplemental distribution is equal to: |
---|
590 | 590 | | 21 (1) the entity's base year revenue (as determined under |
---|
591 | 591 | | 22 IC 4-33-12-9); minus |
---|
592 | 592 | | 23 (2) the sum of: |
---|
593 | 593 | | 24 (A) the total amount of money distributed to the entity and |
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594 | 594 | | 25 constructively received by the entity during the preceding state |
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595 | 595 | | 26 fiscal year under IC 4-33-12-6 or IC 4-33-12-8; plus |
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596 | 596 | | 27 (B) the amount of any admissions taxes deducted under |
---|
597 | 597 | | 28 IC 6-3.1-20-7. |
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598 | 598 | | 29 (g) This subsection applies only to Marion County. The county |
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599 | 599 | | 30 auditor shall distribute the money received by the county under |
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600 | 600 | | 31 subsection (d) as follows: |
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601 | 601 | | 32 (1) To each city, other than the consolidated city, located in the |
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602 | 602 | | 33 county according to the ratio that the city's population bears to the |
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603 | 603 | | 34 total population of the county. |
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604 | 604 | | 35 (2) To each town located in the county according to the ratio that |
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605 | 605 | | 36 the town's population bears to the total population of the county. |
---|
606 | 606 | | 37 (3) After the distributions required in subdivisions (1) and (2) are |
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607 | 607 | | 38 made, the remainder shall be paid in equal amounts to the |
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608 | 608 | | 39 consolidated city and the county. |
---|
609 | 609 | | 40 (h) This subsection does not apply to an inland casino operating in |
---|
610 | 610 | | 41 Vigo County or the city of New Haven. This subsection applies to a |
---|
611 | 611 | | 42 supplemental distribution made after June 30, 2017. The maximum |
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612 | 612 | | 2025 IN 293—LS 6959/DI 125 15 |
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613 | 613 | | 1 amount of money that may be distributed under subsection (f) |
---|
614 | 614 | | 2 subsections (f) and (n) in a state fiscal year is equal to the following: |
---|
615 | 615 | | 3 (1) Before July 1, 2021, forty-eight million dollars ($48,000,000). |
---|
616 | 616 | | 4 (2) After June 30, 2021, if the total adjusted gross receipts |
---|
617 | 617 | | 5 received by licensees from gambling games authorized under this |
---|
618 | 618 | | 6 article during the preceding state fiscal year is equal to or greater |
---|
619 | 619 | | 7 than the total adjusted gross receipts received by licensees from |
---|
620 | 620 | | 8 gambling games authorized under this article during the state |
---|
621 | 621 | | 9 fiscal year ending June 30, 2020, the maximum amount is |
---|
622 | 622 | | 10 forty-eight million dollars ($48,000,000). |
---|
623 | 623 | | 11 (3) After June 30, 2021, if the total adjusted gross receipts |
---|
624 | 624 | | 12 received by licensees from gambling games authorized under this |
---|
625 | 625 | | 13 article during the preceding state fiscal year is less than the total |
---|
626 | 626 | | 14 adjusted gross receipts received by licensees from gambling |
---|
627 | 627 | | 15 games authorized under this article during the state fiscal year |
---|
628 | 628 | | 16 ending June 30, 2020, the maximum amount is equal to the result |
---|
629 | 629 | | 17 of: |
---|
630 | 630 | | 18 (A) forty-eight million dollars ($48,000,000); multiplied by |
---|
631 | 631 | | 19 (B) the result of: |
---|
632 | 632 | | 20 (i) the total adjusted gross receipts received by licensees |
---|
633 | 633 | | 21 from gambling games authorized under this article during |
---|
634 | 634 | | 22 the preceding state fiscal year; divided by |
---|
635 | 635 | | 23 (ii) the total adjusted gross receipts received by licensees |
---|
636 | 636 | | 24 from gambling games authorized under this article during |
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637 | 637 | | 25 the state fiscal year ending June 30, 2020. |
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638 | 638 | | 26 If the total amount determined under subsection (f) subsections (f) and |
---|
639 | 639 | | 27 (n) exceeds the maximum amount determined under this subsection, |
---|
640 | 640 | | 28 the amount distributed to an entity under subsection (f) subsections (f) |
---|
641 | 641 | | 29 and (n) must be reduced according to the ratio that the amount |
---|
642 | 642 | | 30 distributed to the entity under IC 4-33-12-6 or IC 4-33-12-8, or, in the |
---|
643 | 643 | | 31 case of the city of Rising Sun and Ohio County, the amount |
---|
644 | 644 | | 32 distributed to the entity under subsection (n), bears to the total |
---|
645 | 645 | | 33 amount distributed under IC 4-33-12-6 and IC 4-33-12-8 to all entities |
---|
646 | 646 | | 34 receiving a supplemental distribution. |
---|
647 | 647 | | 35 (i) This subsection applies to a supplemental distribution, if any, |
---|
648 | 648 | | 36 payable to Lake County, Hammond, Gary, or East Chicago under |
---|
649 | 649 | | 37 subsections (f) and (h). Beginning in July 2016, the state comptroller |
---|
650 | 650 | | 38 shall, after making any deductions from the supplemental distribution |
---|
651 | 651 | | 39 required by IC 6-3.1-20-7, deduct from the remainder of the |
---|
652 | 652 | | 40 supplemental distribution otherwise payable to the unit under this |
---|
653 | 653 | | 41 section the lesser of: |
---|
654 | 654 | | 42 (1) the remaining amount of the supplemental distribution; or |
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655 | 655 | | 2025 IN 293—LS 6959/DI 125 16 |
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656 | 656 | | 1 (2) the difference, if any, between: |
---|
657 | 657 | | 2 (A) three million five hundred thousand dollars ($3,500,000); |
---|
658 | 658 | | 3 minus |
---|
659 | 659 | | 4 (B) the amount of admissions taxes constructively received by |
---|
660 | 660 | | 5 the unit in the previous state fiscal year. |
---|
661 | 661 | | 6 The state comptroller shall distribute the amounts deducted under this |
---|
662 | 662 | | 7 subsection to the northwest Indiana redevelopment authority |
---|
663 | 663 | | 8 established under IC 36-7.5-2-1 for deposit in the development |
---|
664 | 664 | | 9 authority revenue fund established under IC 36-7.5-4-1. |
---|
665 | 665 | | 10 (j) Money distributed to a political subdivision under subsection (b): |
---|
666 | 666 | | 11 (1) must be paid to the fiscal officer of the political subdivision |
---|
667 | 667 | | 12 and may be deposited in the political subdivision's general fund |
---|
668 | 668 | | 13 (in the case of a school corporation, the school corporation may |
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669 | 669 | | 14 deposit the money into either the education fund (IC 20-40-2) or |
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670 | 670 | | 15 the operations fund (IC 20-40-18)) or riverboat fund established |
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671 | 671 | | 16 under IC 36-1-8-9, or both; |
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672 | 672 | | 17 (2) may not be used to reduce the maximum levy under |
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673 | 673 | | 18 IC 6-1.1-18.5 of a county, city, or town or the maximum tax rate |
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674 | 674 | | 19 of a school corporation, but, except as provided in subsection |
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675 | 675 | | 20 (b)(3)(B), may be used at the discretion of the political |
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676 | 676 | | 21 subdivision to reduce the property tax levy of the county, city, or |
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677 | 677 | | 22 town for a particular year; |
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678 | 678 | | 23 (3) except as provided in subsection (b)(3)(B), may be used for |
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679 | 679 | | 24 any legal or corporate purpose of the political subdivision, |
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680 | 680 | | 25 including the pledge of money to bonds, leases, or other |
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681 | 681 | | 26 obligations under IC 5-1-14-4; and |
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682 | 682 | | 27 (4) is considered miscellaneous revenue. |
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683 | 683 | | 28 Money distributed under subsection (b)(3)(B) must be used for the |
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684 | 684 | | 29 purposes specified in subsection (b)(3)(B). |
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685 | 685 | | 30 (k) After June 30, 2020, the amount of wagering taxes that would |
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686 | 686 | | 31 otherwise be distributed to South Bend under subsection (d) shall be |
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687 | 687 | | 32 deposited as being received from all riverboats whose supplemental |
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688 | 688 | | 33 wagering tax, as calculated under IC 4-33-12-1.5(b), is over three and |
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689 | 689 | | 34 five-tenths percent (3.5%). The amount deposited under this |
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690 | 690 | | 35 subsection, in each riverboat's account, is proportionate to the |
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691 | 691 | | 36 supplemental wagering tax received from that riverboat under |
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692 | 692 | | 37 IC 4-33-12-1.5 in the month of July. The amount deposited under this |
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693 | 693 | | 38 subsection must be distributed in the same manner as the supplemental |
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694 | 694 | | 39 wagering tax collected under IC 4-33-12-1.5. This subsection expires |
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695 | 695 | | 40 June 30, 2021. |
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696 | 696 | | 41 (l) After June 30, 2021, the amount of wagering taxes that would |
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697 | 697 | | 42 otherwise be distributed to South Bend under subsection (d) shall be |
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698 | 698 | | 2025 IN 293—LS 6959/DI 125 17 |
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699 | 699 | | 1 withheld and deposited in the state general fund. |
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700 | 700 | | 2 (m) The following apply to money received by the city of New |
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701 | 701 | | 3 Haven under subsection (a)(2) in a calendar year: |
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702 | 702 | | 4 (1) At least twenty percent (20%) must be used to provide |
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703 | 703 | | 5 property tax relief to individuals who qualified for a standard |
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704 | 704 | | 6 homestead deduction under IC 6-1.1-12-37 for a homestead |
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705 | 705 | | 7 located in the city of New Haven. The relief may be provided |
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706 | 706 | | 8 in a form determined by the county fiscal body, including as |
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707 | 707 | | 9 a rebate check or as a credit against the individual's |
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708 | 708 | | 10 homestead property tax liability. A property tax reduction |
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709 | 709 | | 11 under this subdivision does not reduce the maximum levy of |
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710 | 710 | | 12 the city under IC 6-1.1-18.5. |
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711 | 711 | | 13 (2) At least three percent (3%) must be paid to the fiscal |
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712 | 712 | | 14 officer of the together for tomorrow commission established |
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713 | 713 | | 15 by IC 36-7-42-3 for deposit in the together for tomorrow fund |
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714 | 714 | | 16 established by IC 36-7-42-9. |
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715 | 715 | | 17 (n) This subsection applies beginning with the first state fiscal |
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716 | 716 | | 18 year in which a casino begins gaming operations in the city of New |
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717 | 717 | | 19 Haven, and for each state fiscal year thereafter. Subject to |
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718 | 718 | | 20 subsection (h), when the state comptroller makes supplemental |
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719 | 719 | | 21 distributions under subsection (f), the state comptroller shall also |
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720 | 720 | | 22 make a supplemental distribution to the city of Rising Sun and to |
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721 | 721 | | 23 Ohio County equal to the amount of the supplemental distribution |
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722 | 722 | | 24 received by that unit for state fiscal year 2024. The supplemental |
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723 | 723 | | 25 distributions under this subsection must be made from taxes |
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724 | 724 | | 26 collected under this chapter and deposited in the state general |
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725 | 725 | | 27 fund, and must be included in the calculation of the maximum |
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726 | 726 | | 28 amount of money that may be distributed for supplemental |
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727 | 727 | | 29 distributions in a state fiscal year under subsection (h). The state |
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728 | 728 | | 30 comptroller shall make the payments required under this |
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729 | 729 | | 31 subsection regardless of whether any other entity is determined to |
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730 | 730 | | 32 be eligible for a supplemental distribution in a particular state |
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731 | 731 | | 33 fiscal year under subsection (f). |
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732 | 732 | | 34 SECTION 10. IC 36-7-42 IS ADDED TO THE INDIANA CODE |
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733 | 733 | | 35 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE |
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734 | 734 | | 36 JULY 1, 2025]: |
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735 | 735 | | 37 Chapter 42. Together for Tomorrow Commission |
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736 | 736 | | 38 Sec. 1. As used in this chapter, "commission" means the |
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737 | 737 | | 39 together for tomorrow commission established by section 3 of this |
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738 | 738 | | 40 chapter. |
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739 | 739 | | 41 Sec. 2. As used in this chapter, "fund" refers to the together for |
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740 | 740 | | 42 tomorrow fund established by section 9 of this chapter. |
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741 | 741 | | 2025 IN 293—LS 6959/DI 125 18 |
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742 | 742 | | 1 Sec. 3. The together for tomorrow commission is established for |
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743 | 743 | | 2 the purpose of making collaborative decisions for the use of tax |
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744 | 744 | | 3 revenue collected from a casino located in the city of New Haven. |
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745 | 745 | | 4 Sec. 4. (a) The commission consists of the following four (4) |
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746 | 746 | | 5 members: |
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747 | 747 | | 6 (1) The executive of the city of New Haven. |
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748 | 748 | | 7 (2) The executive of the city of Fort Wayne. |
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749 | 749 | | 8 (3) The president of the city of New Haven's city common |
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750 | 750 | | 9 council. |
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751 | 751 | | 10 (4) One (1) member of the Allen County board of county |
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752 | 752 | | 11 commissioners who shall be selected by Allen County's board |
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753 | 753 | | 12 of county commissioners, as the designee. |
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754 | 754 | | 13 (b) The members described in subsection (a)(1) through (a)(3) |
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755 | 755 | | 14 serve on the commission by virtue of the office the individual holds. |
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756 | 756 | | 15 (c) There is no term length for the member described in |
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757 | 757 | | 16 subsection (a)(4), but the member serves at the will of the |
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758 | 758 | | 17 appointing authority. Any vacancy in the position described in |
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759 | 759 | | 18 subsection (a)(4) shall be filled in the same manner as the original |
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760 | 760 | | 19 appointment. |
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761 | 761 | | 20 Sec. 5. For purposes of Article 2, Section 9 of the Constitution |
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762 | 762 | | 21 of the State of Indiana, the position of a member of the commission |
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763 | 763 | | 22 is not considered a lucrative office. |
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764 | 764 | | 23 Sec. 6. (a) Each year the commission shall elect the following |
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765 | 765 | | 24 from among the members of the commission: |
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766 | 766 | | 25 (1) A chairperson. |
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767 | 767 | | 26 (2) A vice chairperson. |
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768 | 768 | | 27 (3) A treasurer. |
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769 | 769 | | 28 (b) An individual elected as a chairperson or a vice chairperson: |
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770 | 770 | | 29 (1) serves a term of one (1) year beginning July 1 following the |
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771 | 771 | | 30 date the individual is elected; and |
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772 | 772 | | 31 (2) may be reelected. |
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773 | 773 | | 32 Sec. 7. The commission shall meet at least one (1) time quarterly |
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774 | 774 | | 33 at the call of the chairperson. The first meeting shall be held not |
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775 | 775 | | 34 later than six (6) months after gaming operations begin at a casino |
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776 | 776 | | 35 located in the city of New Haven. |
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777 | 777 | | 36 Sec. 8. The members of the commission may not receive |
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778 | 778 | | 37 compensation for service on the commission. |
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779 | 779 | | 38 Sec. 9. (a) The fiscal officer of the commission shall establish a |
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780 | 780 | | 39 local fund known as the together for tomorrow fund for the |
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781 | 781 | | 40 purpose of carrying out this chapter. The fund shall be |
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782 | 782 | | 41 administered by the commission. |
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783 | 783 | | 42 (b) The fund consists of the following: |
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784 | 784 | | 2025 IN 293—LS 6959/DI 125 19 |
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785 | 785 | | 1 (1) Revenue received under IC 4-33-12-8.7. |
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786 | 786 | | 2 (2) Revenue received under IC 4-33-13-5(m)(2). |
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787 | 787 | | 3 (3) Gifts, contributions, and grants. |
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788 | 788 | | 4 (c) The expenses of administering the fund shall be paid from |
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789 | 789 | | 5 money in the fund. |
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790 | 790 | | 6 (d) Money in the fund at the end of a state fiscal year does not |
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791 | 791 | | 7 revert to the state general fund or any other fund. |
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792 | 792 | | 8 (e) Money in the fund is continuously appropriated for the |
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793 | 793 | | 9 purposes set forth in this chapter. |
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794 | 794 | | 10 Sec. 10. The commission may use money in the fund for the |
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795 | 795 | | 11 following purposes: |
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796 | 796 | | 12 (1) Public health. |
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797 | 797 | | 13 (2) Addiction services and recovery services and resources. |
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798 | 798 | | 14 (3) To address homelessness or related services. |
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799 | 799 | | 15 (4) Public safety. |
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800 | 800 | | 16 (5) Any other purposes deemed appropriate by the |
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801 | 801 | | 17 commission. |
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802 | 802 | | 18 Sec. 11. The commission is subject to IC 5-14-1.5 (open door |
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803 | 803 | | 19 law) and IC 5-14-3 (public records law). |
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804 | 804 | | 20 Sec. 12. Before November 1 of each year, the commission shall |
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805 | 805 | | 21 make a report of the commission's activities and uses of money in |
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806 | 806 | | 22 the fund to the following: |
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807 | 807 | | 23 (1) The city of New Haven city common council. |
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808 | 808 | | 24 (2) The Allen County county council. |
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809 | 809 | | 25 (3) The city of Fort Wayne city common council. |
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810 | 810 | | 2025 IN 293—LS 6959/DI 125 |
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