Indiana 2025 Regular Session

Indiana Senate Bill SB0293 Compare Versions

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22 Introduced Version
33 SENATE BILL No. 293
44 _____
55 DIGEST OF INTRODUCED BILL
66 Citations Affected: IC 4-33; IC 36-7-42.
77 Synopsis: Relocation of riverboat gambling operation. Provides that
88 the licensed owner of the riverboat located in the city of Rising Sun
99 (licensed owner) may relocate gaming operations to a casino in the city
1010 of New Haven if certain conditions are met. Requires the licensed
1111 owner to pay a fee of $50,000,000 if the licensed owner sells or
1212 transfers the licensed owner's interest in the licensed owner's license
1313 within five years of the approval of relocation. Provides for distribution
1414 of supplemental wagering tax revenue and wagering tax revenue after
1515 the relocation of gaming operations. Establishes the together for
1616 tomorrow commission (commission). Specifies members to the
1717 commission. Specifies the purposes of the commission.
1818 Effective: July 1, 2025.
1919 Zay
2020 January 13, 2025, read first time and referred to Committee on Public Policy.
2121 2025 IN 293—LS 6959/DI 125 Introduced
2222 First Regular Session of the 124th General Assembly (2025)
2323 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
2424 Constitution) is being amended, the text of the existing provision will appear in this style type,
2525 additions will appear in this style type, and deletions will appear in this style type.
2626 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
2727 provision adopted), the text of the new provision will appear in this style type. Also, the
2828 word NEW will appear in that style type in the introductory clause of each SECTION that adds
2929 a new provision to the Indiana Code or the Indiana Constitution.
3030 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
3131 between statutes enacted by the 2024 Regular Session of the General Assembly.
3232 SENATE BILL No. 293
3333 A BILL FOR AN ACT to amend the Indiana Code concerning
3434 gaming.
3535 Be it enacted by the General Assembly of the State of Indiana:
3636 1 SECTION 1. IC 4-33-2-17, AS AMENDED BY P.L.293-2019,
3737 2 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3838 3 JULY 1, 2025]: Sec. 17. "Riverboat" means any of the following on
3939 4 which lawful gambling is authorized under this article:
4040 5 (1) A self-propelled excursion boat that complies with
4141 6 IC 4-33-6-6(a) and is located in a county that is contiguous to
4242 7 Lake Michigan or the Ohio River.
4343 8 (2) A casino located in a historic hotel district.
4444 9 (3) A permanently moored craft operating from a county
4545 10 described in subdivision (1).
4646 11 (4) An inland casino operating under IC 4-33-6-24.
4747 12 (5) A casino operated in Gary under IC 4-33-6-4.5.
4848 13 (6) A casino operated in Vigo County under IC 4-33-6.7.
4949 14 (7) A casino operated in the city of New Haven under
5050 15 IC 4-33-6-26.
5151 16 SECTION 2. IC 4-33-6-1, AS AMENDED BY P.L.293-2019,
5252 17 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5353 2025 IN 293—LS 6959/DI 125 2
5454 1 JULY 1, 2025]: Sec. 1. (a) The commission may issue to a person a
5555 2 license to own a riverboat subject to the numerical and geographical
5656 3 limitation of owner's licenses under this section and IC 4-33-4-17. Not
5757 4 more than ten (10) owner's licenses may be in effect at any time.
5858 5 Subject to subsection (d), those owner's licenses may be issued as
5959 6 follows:
6060 7 (1) Not more than two (2) licenses for not more than two (2)
6161 8 riverboats that operate in or from the city of Gary.
6262 9 (2) One (1) license for a riverboat that operates from the city of
6363 10 Hammond.
6464 11 (3) One (1) license for a riverboat that operates from the city of
6565 12 East Chicago.
6666 13 (4) One (1) license for a city located in a county contiguous to
6767 14 Lake Michigan. However, this license may not be issued to a city
6868 15 described in subdivisions (1) through (3).
6969 16 (5) Not more than a total of five (5) licenses for riverboats that
7070 17 operate upon the Ohio River from the following counties:
7171 18 (A) Vanderburgh County.
7272 19 (B) Harrison County.
7373 20 (C) Switzerland County.
7474 21 (D) Ohio County.
7575 22 (E) Dearborn County.
7676 23 The commission may not issue a license to an applicant if the
7777 24 issuance of the license would result in more than one (1) riverboat
7878 25 operating from a county described in this subdivision.
7979 26 (6) Not more than one (1) license for a riverboat that operates as
8080 27 an inland casino in Vigo County under IC 4-33-6.7.
8181 28 (7) Not more than one (1) license for a riverboat that operates
8282 29 as a casino in the city of New Haven under section 26 of this
8383 30 chapter.
8484 31 (b) In addition to its power to issue owner's licenses under
8585 32 subsection (a), the commission may also enter into a contract under
8686 33 IC 4-33-6.5 with respect to the operation of one (1) riverboat on behalf
8787 34 of the commission in a historic hotel district.
8888 35 (c) Except as provided in section 26 of this chapter, a person
8989 36 holding an owner's license may not move the person's riverboat from
9090 37 the county in which the riverboat was docked on January 1, 2007, to
9191 38 any other county.
9292 39 (d) The following apply to the allocation and issuance of owner's
9393 40 licenses under subsection (a):
9494 41 (1) A licensed owner holding two licenses issued under
9595 42 subsection (a)(1) must relinquish one (1) of the licenses under
9696 2025 IN 293—LS 6959/DI 125 3
9797 1 section 4.5 of this chapter upon the commission's approval of the
9898 2 licensed owner's request to relocate gaming operations under
9999 3 section 4.5 of this chapter.
100100 4 (2) An owner's license relinquished under subdivision (1) and
101101 5 section 4.5 of this chapter may not be reissued with respect to
102102 6 gaming operations in Gary.
103103 7 (3) The licensed owner who relinquishes a license under
104104 8 subdivision (1) and section 4.5 of this chapter may operate two
105105 9 (2) docked riverboats under a single license unless and until the
106106 10 licensed owner begins gaming operations at a relocated inland
107107 11 casino under section 4.5 of this chapter.
108108 12 (4) If an owner's license is relinquished under subdivision (1) and
109109 13 section 4.5 of this chapter, an owner's license may be issued to
110110 14 authorize gaming operations in Vigo County in accordance with
111111 15 subsection (a)(6) and the procedures set forth in IC 4-33-6.7.
112112 16 (5) If the commission approves a licensed owner's request to
113113 17 relocate gaming operations from Ohio County under section
114114 18 26 of this chapter, the following apply:
115115 19 (A) The licensed owner may be authorized to begin gaming
116116 20 operations in a casino in the city of New Haven in
117117 21 accordance with subsection (a)(7) and the procedures set
118118 22 forth in section 26 of this chapter.
119119 23 (B) A new owner's license may not be issued to authorize
120120 24 gaming operations in Ohio County after gaming operations
121121 25 are relocated to the city of New Haven.
122122 26 SECTION 3. IC 4-33-6-6, AS AMENDED BY P.L.293-2019,
123123 27 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
124124 28 JULY 1, 2025]: Sec. 6. (a) Except as provided in subsection (c) or (d),
125125 29 a riverboat that operates in a county that is contiguous to Lake
126126 30 Michigan or the Ohio River must:
127127 31 (1) have either:
128128 32 (A) a valid certificate of inspection from the United States
129129 33 Coast Guard for the carrying of at least five hundred (500)
130130 34 passengers; or
131131 35 (B) a valid certificate of compliance with marine structural and
132132 36 life safety standards determined by the commission; and
133133 37 (2) be at least one hundred fifty (150) feet in length.
134134 38 (b) This subsection applies only to a riverboat that operates on the
135135 39 Ohio River. A riverboat must replicate, as nearly as possible, historic
136136 40 Indiana steamboat passenger vessels of the nineteenth century.
137137 41 However, steam propulsion or overnight lodging facilities are not
138138 42 required under this subsection.
139139 2025 IN 293—LS 6959/DI 125 4
140140 1 (c) A riverboat described in IC 4-33-2-17(3) must have a valid
141141 2 certificate of compliance with the marine structural and life safety
142142 3 standards determined by the commission under IC 4-33-4-13.5 for a
143143 4 permanently moored craft.
144144 5 (d) A riverboat constructed under section 24 of this chapter or a
145145 6 riverboat relocated under section 4.5 or 26 of this chapter must comply
146146 7 with all applicable building codes and any safety requirements imposed
147147 8 by the commission.
148148 9 SECTION 4. IC 4-33-6-24, AS AMENDED BY P.L.293-2019,
149149 10 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
150150 11 JULY 1, 2025]: Sec. 24. (a) This section does not apply to:
151151 12 (1) gaming operations relocated under section 4.5 or 26 of this
152152 13 chapter; or
153153 14 (2) an inland casino operated in Vigo County under IC 4-33-6.7.
154154 15 (b) For purposes of this section, property is considered to be
155155 16 adjacent to a riverboat dock site even if it is separated from the dock
156156 17 site by public rights-of-way or railroad rights-of-way.
157157 18 (c) A licensed owner may relocate the licensed owner's gaming
158158 19 operation from a docked riverboat to an inland casino if the following
159159 20 conditions are met:
160160 21 (1) Except as provided in subsection (d), the casino is located on
161161 22 property that the licensed owner owned or leased and used in the
162162 23 conduct of the licensed owner's gaming operations on February 1,
163163 24 2015.
164164 25 (2) The casino is located on property adjacent to the dock site of
165165 26 the licensed owner's riverboat.
166166 27 (3) The casino complies with all applicable building codes and
167167 28 any safety requirements imposed by the commission.
168168 29 (4) The commission approves the relocation of the licensed
169169 30 owner's gaming operation.
170170 31 (d) This subsection applies to a licensed owner that owns or leases
171171 32 property that is considered adjacent to a riverboat dock site under
172172 33 subsection (b). The licensed owner may:
173173 34 (1) acquire part of the public rights-of-way or railroad
174174 35 rights-of-way to form a contiguous parcel with the property
175175 36 owned or leased by the licensed owner on February 1, 2015; and
176176 37 (2) subject to the other requirements of this section, situate an
177177 38 inland casino on the contiguous parcel formed under subdivision
178178 39 (1).
179179 40 (e) The commission may impose any requirement upon a licensed
180180 41 owner relocating gaming operations under this section.
181181 42 (f) The number of gambling games offered by a licensed owner in
182182 2025 IN 293—LS 6959/DI 125 5
183183 1 an inland facility operated under this section may not exceed the
184184 2 greatest number of gambling games offered by the licensed owner in
185185 3 the licensed owner's docked riverboat since January 1, 2007.
186186 4 SECTION 5. IC 4-33-6-26 IS ADDED TO THE INDIANA CODE
187187 5 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
188188 6 1, 2025]: Sec. 26. (a) A person holding an owner's license for a
189189 7 riverboat operated from Ohio County may move gaming
190190 8 operations to a casino in the city of New Haven only if the:
191191 9 (1) licensed owner submits to the commission, with agreement
192192 10 from the legislative body of the city of New Haven, a request
193193 11 for approval to relocate the licensed owner's gaming
194194 12 operations;
195195 13 (2) licensed owner plans an investment of at least five hundred
196196 14 million dollars ($500,000,000) for the relocation and
197197 15 development of a casino and nongaming amenities, of which
198198 16 at least fifty percent (50%) will be invested in the initial phase
199199 17 of development, and, except as provided in subsection (e), the
200200 18 remaining amount invested, and the relocation and
201201 19 development of the casino and nongaming amenities
202202 20 completed, not later than five (5) years after gaming
203203 21 operations begin at the casino;
204204 22 (3) licensed owner affirms that the licensed owner will work
205205 23 with the city of Rising Sun, Ohio County, and the Indiana
206206 24 economic development corporation to redevelop the vacated
207207 25 site of gaming operations in Ohio County in a manner that
208208 26 best serves the interests of the local community;
209209 27 (4) licensed owner complies with all applicable building codes
210210 28 and any safety requirements imposed by the commission;
211211 29 (5) licensed owner complies with any other requirement
212212 30 imposed by the commission; and
213213 31 (6) commission approves the request.
214214 32 (b) The commission shall prescribe the form of the request for
215215 33 approval to relocate the licensed owner's gaming operations under
216216 34 this section.
217217 35 (c) Before approving a request to relocate the licensed owner's
218218 36 gaming operations under this section, the commission shall
219219 37 consider the following:
220220 38 (1) The estimated economic benefits.
221221 39 (2) The estimated tax revenue.
222222 40 (3) The estimated number of new jobs.
223223 41 (4) An expected timeline for the relocation and development
224224 42 of a casino and nongaming amenities, including the initial
225225 2025 IN 293—LS 6959/DI 125 6
226226 1 phase of development and the completion of development.
227227 2 (5) Any other issue deemed appropriate by the commission.
228228 3 (d) If the licensed owner sells or otherwise transfers the licensed
229229 4 owner's interest in the owner's license within five (5) years from
230230 5 the date the relocation of gaming operations is approved by the
231231 6 commission under this section, the licensed owner shall pay a fee
232232 7 of fifty million dollars ($50,000,000) before the sale or transfer of
233233 8 the license may be approved by the commission. Any payment
234234 9 required under this subsection shall be deposited in the state
235235 10 general fund.
236236 11 (e) If, at any time after the initial phase of development
237237 12 described in subsection (a)(2) and the date that is five (5) years
238238 13 after gaming operations begin at the casino, the licensed owner
239239 14 determines that the:
240240 15 (1) remaining amount of the initial five hundred million dollar
241241 16 ($500,000,000) investment; and
242242 17 (2) relocation and development of the casino and nongaming
243243 18 amenities;
244244 19 will not be fully invested and completed within five (5) years after
245245 20 gaming operations begin at the casino, as described in subsection
246246 21 (a)(2), the licensed owner shall, in a form and manner prescribed
247247 22 by the commission, report the length of any necessary period of
248248 23 extension to the commission, including an explanation of the reason
249249 24 for the extension and any additional information requested by the
250250 25 commission. If the commission finds that the reason for the
251251 26 extension is reasonable, as determined by the commission, the
252252 27 extension may be approved. If the commission finds that the reason
253253 28 for the extension is not reasonable, the commission may impose a
254254 29 civil penalty against the licensed owner. The licensed owner may
255255 30 request that the commission describe potential reasons for an
256256 31 extension that would be considered reasonable under this
257257 32 subsection at the time the initial phase of development begins.
258258 33 SECTION 6. IC 4-33-12-1.5, AS AMENDED BY P.L.293-2019,
259259 34 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
260260 35 JULY 1, 2025]: Sec. 1.5. (a) A supplemental wagering tax on the
261261 36 wagering occurring each day at a riverboat is imposed upon the
262262 37 licensed owner operating the riverboat.
263263 38 (b) Except as provided in subsection (d), subsections (d) and (e),
264264 39 and subject to subsection (c), the amount of supplemental wagering tax
265265 40 imposed for a particular day is determined by multiplying the
266266 41 riverboat's adjusted gross receipts for that day by the quotient of:
267267 42 (1) the total riverboat admissions tax that the riverboat's licensed
268268 2025 IN 293—LS 6959/DI 125 7
269269 1 owner paid beginning July 1, 2016, and ending June 30, 2017;
270270 2 divided by
271271 3 (2) the riverboat's adjusted gross receipts beginning July 1, 2016,
272272 4 and ending June 30, 2017.
273273 5 (c) The quotient used under subsection (b) to determine the
274274 6 supplemental wagering tax liability of a licensed owner subject to
275275 7 subsection (b) may not exceed the following when expressed as a
276276 8 percentage:
277277 9 (1) Four percent (4%) before July 1, 2019.
278278 10 (2) Three and five-tenths percent (3.5%) after June 30, 2019.
279279 11 (d) The supplemental wagering tax liability of a licensed owner
280280 12 operating an inland casino in Vigo County is equal to two and
281281 13 nine-tenths percent (2.9%) of the riverboat's adjusted gross receipts for
282282 14 the day.
283283 15 (e) The supplemental wagering tax liability of a licensed owner
284284 16 operating a casino in the city of New Haven is equal to three
285285 17 percent (3%) of the riverboat's adjusted gross receipts for the day.
286286 18 SECTION 7. IC 4-33-12-6, AS AMENDED BY P.L.104-2022,
287287 19 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
288288 20 JULY 1, 2025]: Sec. 6. (a) The department shall place in the state
289289 21 general fund the tax revenue collected under this chapter.
290290 22 (b) Except as provided by sections 8, and 8.5, and 8.7 of this
291291 23 chapter, the treasurer of state shall quarterly pay the following
292292 24 amounts:
293293 25 (1) Except as provided in section 9(k) of this chapter, thirty-three
294294 26 and one-third percent (33 1/3%) of the admissions tax and
295295 27 supplemental wagering tax collected by the licensed owner during
296296 28 the quarter shall be paid to:
297297 29 (A) the city in which the riverboat is located, if the city:
298298 30 (i) is located in a county having a population of more than
299299 31 one hundred twelve thousand (112,000) and less than one
300300 32 hundred twenty thousand (120,000); or
301301 33 (ii) is contiguous to the Ohio River and is the largest city in
302302 34 the county; and
303303 35 (B) the county in which the riverboat is located, if the
304304 36 riverboat is not located in a city described in clause (A).
305305 37 (2) Except as provided in section 9(k) of this chapter, thirty-three
306306 38 and one-third percent (33 1/3%) of the admissions tax and
307307 39 supplemental wagering tax collected by the licensed owner during
308308 40 the quarter shall be paid to the county in which the riverboat is
309309 41 located. In the case of a county described in subdivision (1)(B),
310310 42 this thirty-three and one-third percent (33 1/3%) of the admissions
311311 2025 IN 293—LS 6959/DI 125 8
312312 1 tax and supplemental wagering tax is in addition to the
313313 2 thirty-three and one-third percent (33 1/3%) received under
314314 3 subdivision (1)(B).
315315 4 (3) Except as provided in section 9(k) of this chapter, three and
316316 5 thirty-three hundredths percent (3.33%) of the admissions tax and
317317 6 supplemental wagering tax collected by the licensed owner during
318318 7 the quarter shall be paid to the county convention and visitors
319319 8 bureau or promotion fund for the county in which the riverboat is
320320 9 located.
321321 10 (4) Except as provided in section 9(k) of this chapter, five percent
322322 11 (5%) of the admissions tax and supplemental wagering tax
323323 12 collected by the licensed owner during a quarter shall be paid to
324324 13 the state fair commission, for use in any activity that the
325325 14 commission is authorized to carry out under IC 15-13-3.
326326 15 (5) Except as provided in section 9(k) of this chapter, three and
327327 16 thirty-three hundredths percent (3.33%) of the admissions tax and
328328 17 supplemental wagering tax collected by the licensed owner during
329329 18 the quarter shall be paid to the division of mental health and
330330 19 addiction. The division shall allocate at least twenty-five percent
331331 20 (25%) of the funds derived from the admissions tax to the
332332 21 prevention and treatment of compulsive gambling.
333333 22 (6) Twenty-one and six hundred sixty-seven thousandths percent
334334 23 (21.667%) of the admissions tax and supplemental wagering tax
335335 24 collected by the licensed owner during the quarter shall be paid
336336 25 to the state general fund.
337337 26 SECTION 8. IC 4-33-12-8.7 IS ADDED TO THE INDIANA CODE
338338 27 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
339339 28 1, 2025]: Sec. 8.7. (a) This section applies only to tax revenue
340340 29 collected under this chapter from a casino located in the city of
341341 30 New Haven.
342342 31 (b) The treasurer of state shall pay all amounts from taxes
343343 32 collected during the preceding calendar quarter from the casino
344344 33 located in the city of New Haven to the fiscal officer of the together
345345 34 for tomorrow commission established by IC 36-7-42-3 for deposit
346346 35 in the together for tomorrow fund established by IC 36-7-42-9.
347347 36 SECTION 9. IC 4-33-13-5, AS AMENDED BY P.L.9-2024,
348348 37 SECTION 109, IS AMENDED TO READ AS FOLLOWS
349349 38 [EFFECTIVE JULY 1, 2025]: Sec. 5. (a) This subsection does not
350350 39 apply to tax revenue remitted by an operating agent operating a
351351 40 riverboat in a historic hotel district. Excluding funds that are
352352 41 appropriated in the biennial budget act from the state gaming fund to
353353 42 the commission for purposes of administering this article, each month
354354 2025 IN 293—LS 6959/DI 125 9
355355 1 the state comptroller shall distribute the tax revenue deposited in the
356356 2 state gaming fund under this chapter to the following:
357357 3 (1) An amount equal to the following shall be set aside for
358358 4 revenue sharing under subsection (d):
359359 5 (A) Before July 1, 2021, the first thirty-three million dollars
360360 6 ($33,000,000) of tax revenues collected under this chapter
361361 7 shall be set aside for revenue sharing under subsection (d).
362362 8 (B) After June 30, 2021, if the total adjusted gross receipts
363363 9 received by licensees from gambling games authorized under
364364 10 this article during the preceding state fiscal year is equal to or
365365 11 greater than the total adjusted gross receipts received by
366366 12 licensees from gambling games authorized under this article
367367 13 during the state fiscal year ending June 30, 2020, the first
368368 14 thirty-three million dollars ($33,000,000) of tax revenues
369369 15 collected under this chapter shall be set aside for revenue
370370 16 sharing under subsection (d).
371371 17 (C) After June 30, 2021, if the total adjusted gross receipts
372372 18 received by licensees from gambling games authorized under
373373 19 this article during the preceding state fiscal year is less than
374374 20 the total adjusted gross receipts received by licensees from
375375 21 gambling games authorized under this article during the state
376376 22 year ending June 30, 2020, an amount equal to the first
377377 23 thirty-three million dollars ($33,000,000) of tax revenues
378378 24 collected under this chapter multiplied by the result of:
379379 25 (i) the total adjusted gross receipts received by licensees
380380 26 from gambling games authorized under this article during
381381 27 the preceding state fiscal year; divided by
382382 28 (ii) the total adjusted gross receipts received by licensees
383383 29 from gambling games authorized under this article during
384384 30 the state fiscal year ending June 30, 2020;
385385 31 shall be set aside for revenue sharing under subsection (d).
386386 32 (2) Subject to subsection (c), twenty-five percent (25%) of the
387387 33 remaining tax revenue remitted by each licensed owner shall be
388388 34 paid:
389389 35 (A) to the city in which the riverboat is located or that is
390390 36 designated as the home dock of the riverboat from which the
391391 37 tax revenue was collected, in the case of:
392392 38 (i) a city described in IC 4-33-12-6(b)(1)(A);
393393 39 (ii) a city located in Lake County; or
394394 40 (iii) Terre Haute; or
395395 41 (iv) the city of New Haven; or
396396 42 (B) to the county that is designated as the home dock of the
397397 2025 IN 293—LS 6959/DI 125 10
398398 1 riverboat from which the tax revenue was collected, in the case
399399 2 of a riverboat that is not located in a city described in clause
400400 3 (A) or whose home dock is not in a city described in clause
401401 4 (A).
402402 5 (3) The remainder of the tax revenue remitted by each licensed
403403 6 owner shall be paid to the state general fund. In each state fiscal
404404 7 year, the state comptroller shall make the transfer required by this
405405 8 subdivision on or before the fifteenth day of the month based on
406406 9 revenue received during the preceding month for deposit in the
407407 10 state gaming fund. Specifically, the state comptroller may transfer
408408 11 the tax revenue received by the state in a month to the state
409409 12 general fund in the immediately following month according to this
410410 13 subdivision.
411411 14 (b) This subsection applies only to tax revenue remitted by an
412412 15 operating agent operating a riverboat in a historic hotel district after
413413 16 June 30, 2019. Excluding funds that are appropriated in the biennial
414414 17 budget act from the state gaming fund to the commission for purposes
415415 18 of administering this article, each month the state comptroller shall
416416 19 distribute the tax revenue remitted by the operating agent under this
417417 20 chapter as follows:
418418 21 (1) For state fiscal years beginning after June 30, 2019, but
419419 22 ending before July 1, 2021, fifty-six and five-tenths percent
420420 23 (56.5%) shall be paid to the state general fund.
421421 24 (2) For state fiscal years beginning after June 30, 2021, fifty-six
422422 25 and five-tenths percent (56.5%) shall be paid as follows:
423423 26 (A) Sixty-six and four-tenths percent (66.4%) shall be paid to
424424 27 the state general fund.
425425 28 (B) Thirty-three and six-tenths percent (33.6%) shall be paid
426426 29 to the West Baden Springs historic hotel preservation and
427427 30 maintenance fund established by IC 36-7-11.5-11(b).
428428 31 However, if:
429429 32 (i) at any time the balance in that fund exceeds twenty-five
430430 33 million dollars ($25,000,000); or
431431 34 (ii) in any part of a state fiscal year in which the operating
432432 35 agent has received at least one hundred million dollars
433433 36 ($100,000,000) of adjusted gross receipts;
434434 37 the amount described in this clause shall be paid to the state
435435 38 general fund for the remainder of the state fiscal year.
436436 39 (3) Forty-three and five-tenths percent (43.5%) shall be paid as
437437 40 follows:
438438 41 (A) Twenty-two and four-tenths percent (22.4%) shall be paid
439439 42 as follows:
440440 2025 IN 293—LS 6959/DI 125 11
441441 1 (i) Fifty percent (50%) to the fiscal officer of the town of
442442 2 French Lick.
443443 3 (ii) Fifty percent (50%) to the fiscal officer of the town of
444444 4 West Baden Springs.
445445 5 (B) Fourteen and eight-tenths percent (14.8%) shall be paid to
446446 6 the county treasurer of Orange County for distribution among
447447 7 the school corporations in the county. The governing bodies
448448 8 for the school corporations in the county shall provide a
449449 9 formula for the distribution of the money received under this
450450 10 clause among the school corporations by joint resolution
451451 11 adopted by the governing body of each of the school
452452 12 corporations in the county. Money received by a school
453453 13 corporation under this clause must be used to improve the
454454 14 educational attainment of students enrolled in the school
455455 15 corporation receiving the money. Not later than the first
456456 16 regular meeting in the school year of a governing body of a
457457 17 school corporation receiving a distribution under this clause,
458458 18 the superintendent of the school corporation shall submit to
459459 19 the governing body a report describing the purposes for which
460460 20 the receipts under this clause were used and the improvements
461461 21 in educational attainment realized through the use of the
462462 22 money. The report is a public record.
463463 23 (C) Thirteen and one-tenth percent (13.1%) shall be paid to the
464464 24 county treasurer of Orange County.
465465 25 (D) Five and three-tenths percent (5.3%) shall be distributed
466466 26 quarterly to the county treasurer of Dubois County for
467467 27 appropriation by the county fiscal body after receiving a
468468 28 recommendation from the county executive. The county fiscal
469469 29 body for the receiving county shall provide for the distribution
470470 30 of the money received under this clause to one (1) or more
471471 31 taxing units (as defined in IC 6-1.1-1-21) in the county under
472472 32 a formula established by the county fiscal body after receiving
473473 33 a recommendation from the county executive.
474474 34 (E) Five and three-tenths percent (5.3%) shall be distributed
475475 35 quarterly to the county treasurer of Crawford County for
476476 36 appropriation by the county fiscal body after receiving a
477477 37 recommendation from the county executive. The county fiscal
478478 38 body for the receiving county shall provide for the distribution
479479 39 of the money received under this clause to one (1) or more
480480 40 taxing units (as defined in IC 6-1.1-1-21) in the county under
481481 41 a formula established by the county fiscal body after receiving
482482 42 a recommendation from the county executive.
483483 2025 IN 293—LS 6959/DI 125 12
484484 1 (F) Six and thirty-five hundredths percent (6.35%) shall be
485485 2 paid to the fiscal officer of the town of Paoli.
486486 3 (G) Six and thirty-five hundredths percent (6.35%) shall be
487487 4 paid to the fiscal officer of the town of Orleans.
488488 5 (H) Twenty-six and four-tenths percent (26.4%) shall be paid
489489 6 to the Indiana economic development corporation established
490490 7 by IC 5-28-3-1 for transfer as follows:
491491 8 (i) Beginning after December 31, 2017, ten percent (10%)
492492 9 of the amount transferred under this clause in each calendar
493493 10 year shall be transferred to the South Central Indiana
494494 11 Regional Economic Development Corporation or a
495495 12 successor entity or partnership for economic development
496496 13 for the purpose of recruiting new business to Orange County
497497 14 as well as promoting the retention and expansion of existing
498498 15 businesses in Orange County.
499499 16 (ii) The remainder of the amount transferred under this
500500 17 clause in each calendar year shall be transferred to Radius
501501 18 Indiana or a successor regional entity or partnership for the
502502 19 development and implementation of a regional economic
503503 20 development strategy to assist the residents of Orange
504504 21 County and the counties contiguous to Orange County in
505505 22 improving their quality of life and to help promote
506506 23 successful and sustainable communities.
507507 24 To the extent possible, the Indiana economic development
508508 25 corporation shall provide for the transfer under item (i) to be
509509 26 made in four (4) equal installments. However, an amount
510510 27 sufficient to meet current obligations to retire or refinance
511511 28 indebtedness or leases for which tax revenues under this
512512 29 section were pledged before January 1, 2015, by the Orange
513513 30 County development commission shall be paid to the Orange
514514 31 County development commission before making distributions
515515 32 to the South Central Indiana Regional Economic Development
516516 33 Corporation and Radius Indiana or their successor entities or
517517 34 partnerships. The amount paid to the Orange County
518518 35 development commission shall proportionally reduce the
519519 36 amount payable to the South Central Indiana Regional
520520 37 Economic Development Corporation and Radius Indiana or
521521 38 their successor entities or partnerships.
522522 39 (c) This subsection does not apply to tax revenue remitted by an
523523 40 inland casino operating in Vigo County or the city of New Haven. For
524524 41 each city and county receiving money under subsection (a)(2), the state
525525 42 comptroller shall determine the total amount of money paid by the state
526526 2025 IN 293—LS 6959/DI 125 13
527527 1 comptroller to the city or county during the state fiscal year 2002. The
528528 2 amount determined is the base year revenue for the city or county. The
529529 3 state comptroller shall certify the base year revenue determined under
530530 4 this subsection to the city or county. The total amount of money
531531 5 distributed to a city or county under this section during a state fiscal
532532 6 year may not exceed the entity's base year revenue. For each state fiscal
533533 7 year, the state comptroller shall pay that part of the riverboat wagering
534534 8 taxes that:
535535 9 (1) exceeds a particular city's or county's base year revenue; and
536536 10 (2) would otherwise be due to the city or county under this
537537 11 section;
538538 12 to the state general fund instead of to the city or county.
539539 13 (d) Except as provided in subsections (k) and (l), before August 15
540540 14 of each year, the state comptroller shall distribute the wagering taxes
541541 15 set aside for revenue sharing under subsection (a)(1) to the county
542542 16 treasurer of each county that does not have a riverboat according to the
543543 17 ratio that the county's population bears to the total population of the
544544 18 counties that do not have a riverboat. Except as provided in subsection
545545 19 (g), the county auditor shall distribute the money received by the
546546 20 county under this subsection as follows:
547547 21 (1) To each city located in the county according to the ratio the
548548 22 city's population bears to the total population of the county.
549549 23 (2) To each town located in the county according to the ratio the
550550 24 town's population bears to the total population of the county.
551551 25 (3) After the distributions required in subdivisions (1) and (2) are
552552 26 made, the remainder shall be retained by the county.
553553 27 If a casino begins gaming operations in the city of New Haven, and
554554 28 Ohio County and the city of Rising Sun are entitled to a
555555 29 distribution under subsection (n), Ohio County and the city of
556556 30 Rising Sun may not receive a distribution under this subsection,
557557 31 and the population of Ohio County may not be included in the
558558 32 calculation under this subsection.
559559 33 (e) Money received by a city, town, or county under subsection (d)
560560 34 or (g) may be used for any of the following purposes:
561561 35 (1) To reduce the property tax levy of the city, town, or county for
562562 36 a particular year (a property tax reduction under this subdivision
563563 37 does not reduce the maximum levy of the city, town, or county
564564 38 under IC 6-1.1-18.5).
565565 39 (2) For deposit in a special fund or allocation fund created under
566566 40 IC 8-22-3.5, IC 36-7-14, IC 36-7-14.5, IC 36-7-15.1, and
567567 41 IC 36-7-30 to provide funding for debt repayment.
568568 42 (3) To fund sewer and water projects, including storm water
569569 2025 IN 293—LS 6959/DI 125 14
570570 1 management projects.
571571 2 (4) For police and fire pensions.
572572 3 (5) To carry out any governmental purpose for which the money
573573 4 is appropriated by the fiscal body of the city, town, or county.
574574 5 Money used under this subdivision does not reduce the property
575575 6 tax levy of the city, town, or county for a particular year or reduce
576576 7 the maximum levy of the city, town, or county under
577577 8 IC 6-1.1-18.5.
578578 9 (f) This subsection does not apply to an inland casino operating in
579579 10 Vigo County or the city of New Haven. Before July 15 of each year,
580580 11 the state comptroller shall determine the total amount of money
581581 12 distributed to an entity under IC 4-33-12-6 or IC 4-33-12-8 during the
582582 13 preceding state fiscal year. If the state comptroller determines that the
583583 14 total amount of money distributed to an entity under IC 4-33-12-6 or
584584 15 IC 4-33-12-8 during the preceding state fiscal year was less than the
585585 16 entity's base year revenue (as determined under IC 4-33-12-9), the state
586586 17 comptroller shall make a supplemental distribution to the entity from
587587 18 taxes collected under this chapter and deposited into the state general
588588 19 fund. Except as provided in subsection (h), the amount of an entity's
589589 20 supplemental distribution is equal to:
590590 21 (1) the entity's base year revenue (as determined under
591591 22 IC 4-33-12-9); minus
592592 23 (2) the sum of:
593593 24 (A) the total amount of money distributed to the entity and
594594 25 constructively received by the entity during the preceding state
595595 26 fiscal year under IC 4-33-12-6 or IC 4-33-12-8; plus
596596 27 (B) the amount of any admissions taxes deducted under
597597 28 IC 6-3.1-20-7.
598598 29 (g) This subsection applies only to Marion County. The county
599599 30 auditor shall distribute the money received by the county under
600600 31 subsection (d) as follows:
601601 32 (1) To each city, other than the consolidated city, located in the
602602 33 county according to the ratio that the city's population bears to the
603603 34 total population of the county.
604604 35 (2) To each town located in the county according to the ratio that
605605 36 the town's population bears to the total population of the county.
606606 37 (3) After the distributions required in subdivisions (1) and (2) are
607607 38 made, the remainder shall be paid in equal amounts to the
608608 39 consolidated city and the county.
609609 40 (h) This subsection does not apply to an inland casino operating in
610610 41 Vigo County or the city of New Haven. This subsection applies to a
611611 42 supplemental distribution made after June 30, 2017. The maximum
612612 2025 IN 293—LS 6959/DI 125 15
613613 1 amount of money that may be distributed under subsection (f)
614614 2 subsections (f) and (n) in a state fiscal year is equal to the following:
615615 3 (1) Before July 1, 2021, forty-eight million dollars ($48,000,000).
616616 4 (2) After June 30, 2021, if the total adjusted gross receipts
617617 5 received by licensees from gambling games authorized under this
618618 6 article during the preceding state fiscal year is equal to or greater
619619 7 than the total adjusted gross receipts received by licensees from
620620 8 gambling games authorized under this article during the state
621621 9 fiscal year ending June 30, 2020, the maximum amount is
622622 10 forty-eight million dollars ($48,000,000).
623623 11 (3) After June 30, 2021, if the total adjusted gross receipts
624624 12 received by licensees from gambling games authorized under this
625625 13 article during the preceding state fiscal year is less than the total
626626 14 adjusted gross receipts received by licensees from gambling
627627 15 games authorized under this article during the state fiscal year
628628 16 ending June 30, 2020, the maximum amount is equal to the result
629629 17 of:
630630 18 (A) forty-eight million dollars ($48,000,000); multiplied by
631631 19 (B) the result of:
632632 20 (i) the total adjusted gross receipts received by licensees
633633 21 from gambling games authorized under this article during
634634 22 the preceding state fiscal year; divided by
635635 23 (ii) the total adjusted gross receipts received by licensees
636636 24 from gambling games authorized under this article during
637637 25 the state fiscal year ending June 30, 2020.
638638 26 If the total amount determined under subsection (f) subsections (f) and
639639 27 (n) exceeds the maximum amount determined under this subsection,
640640 28 the amount distributed to an entity under subsection (f) subsections (f)
641641 29 and (n) must be reduced according to the ratio that the amount
642642 30 distributed to the entity under IC 4-33-12-6 or IC 4-33-12-8, or, in the
643643 31 case of the city of Rising Sun and Ohio County, the amount
644644 32 distributed to the entity under subsection (n), bears to the total
645645 33 amount distributed under IC 4-33-12-6 and IC 4-33-12-8 to all entities
646646 34 receiving a supplemental distribution.
647647 35 (i) This subsection applies to a supplemental distribution, if any,
648648 36 payable to Lake County, Hammond, Gary, or East Chicago under
649649 37 subsections (f) and (h). Beginning in July 2016, the state comptroller
650650 38 shall, after making any deductions from the supplemental distribution
651651 39 required by IC 6-3.1-20-7, deduct from the remainder of the
652652 40 supplemental distribution otherwise payable to the unit under this
653653 41 section the lesser of:
654654 42 (1) the remaining amount of the supplemental distribution; or
655655 2025 IN 293—LS 6959/DI 125 16
656656 1 (2) the difference, if any, between:
657657 2 (A) three million five hundred thousand dollars ($3,500,000);
658658 3 minus
659659 4 (B) the amount of admissions taxes constructively received by
660660 5 the unit in the previous state fiscal year.
661661 6 The state comptroller shall distribute the amounts deducted under this
662662 7 subsection to the northwest Indiana redevelopment authority
663663 8 established under IC 36-7.5-2-1 for deposit in the development
664664 9 authority revenue fund established under IC 36-7.5-4-1.
665665 10 (j) Money distributed to a political subdivision under subsection (b):
666666 11 (1) must be paid to the fiscal officer of the political subdivision
667667 12 and may be deposited in the political subdivision's general fund
668668 13 (in the case of a school corporation, the school corporation may
669669 14 deposit the money into either the education fund (IC 20-40-2) or
670670 15 the operations fund (IC 20-40-18)) or riverboat fund established
671671 16 under IC 36-1-8-9, or both;
672672 17 (2) may not be used to reduce the maximum levy under
673673 18 IC 6-1.1-18.5 of a county, city, or town or the maximum tax rate
674674 19 of a school corporation, but, except as provided in subsection
675675 20 (b)(3)(B), may be used at the discretion of the political
676676 21 subdivision to reduce the property tax levy of the county, city, or
677677 22 town for a particular year;
678678 23 (3) except as provided in subsection (b)(3)(B), may be used for
679679 24 any legal or corporate purpose of the political subdivision,
680680 25 including the pledge of money to bonds, leases, or other
681681 26 obligations under IC 5-1-14-4; and
682682 27 (4) is considered miscellaneous revenue.
683683 28 Money distributed under subsection (b)(3)(B) must be used for the
684684 29 purposes specified in subsection (b)(3)(B).
685685 30 (k) After June 30, 2020, the amount of wagering taxes that would
686686 31 otherwise be distributed to South Bend under subsection (d) shall be
687687 32 deposited as being received from all riverboats whose supplemental
688688 33 wagering tax, as calculated under IC 4-33-12-1.5(b), is over three and
689689 34 five-tenths percent (3.5%). The amount deposited under this
690690 35 subsection, in each riverboat's account, is proportionate to the
691691 36 supplemental wagering tax received from that riverboat under
692692 37 IC 4-33-12-1.5 in the month of July. The amount deposited under this
693693 38 subsection must be distributed in the same manner as the supplemental
694694 39 wagering tax collected under IC 4-33-12-1.5. This subsection expires
695695 40 June 30, 2021.
696696 41 (l) After June 30, 2021, the amount of wagering taxes that would
697697 42 otherwise be distributed to South Bend under subsection (d) shall be
698698 2025 IN 293—LS 6959/DI 125 17
699699 1 withheld and deposited in the state general fund.
700700 2 (m) The following apply to money received by the city of New
701701 3 Haven under subsection (a)(2) in a calendar year:
702702 4 (1) At least twenty percent (20%) must be used to provide
703703 5 property tax relief to individuals who qualified for a standard
704704 6 homestead deduction under IC 6-1.1-12-37 for a homestead
705705 7 located in the city of New Haven. The relief may be provided
706706 8 in a form determined by the county fiscal body, including as
707707 9 a rebate check or as a credit against the individual's
708708 10 homestead property tax liability. A property tax reduction
709709 11 under this subdivision does not reduce the maximum levy of
710710 12 the city under IC 6-1.1-18.5.
711711 13 (2) At least three percent (3%) must be paid to the fiscal
712712 14 officer of the together for tomorrow commission established
713713 15 by IC 36-7-42-3 for deposit in the together for tomorrow fund
714714 16 established by IC 36-7-42-9.
715715 17 (n) This subsection applies beginning with the first state fiscal
716716 18 year in which a casino begins gaming operations in the city of New
717717 19 Haven, and for each state fiscal year thereafter. Subject to
718718 20 subsection (h), when the state comptroller makes supplemental
719719 21 distributions under subsection (f), the state comptroller shall also
720720 22 make a supplemental distribution to the city of Rising Sun and to
721721 23 Ohio County equal to the amount of the supplemental distribution
722722 24 received by that unit for state fiscal year 2024. The supplemental
723723 25 distributions under this subsection must be made from taxes
724724 26 collected under this chapter and deposited in the state general
725725 27 fund, and must be included in the calculation of the maximum
726726 28 amount of money that may be distributed for supplemental
727727 29 distributions in a state fiscal year under subsection (h). The state
728728 30 comptroller shall make the payments required under this
729729 31 subsection regardless of whether any other entity is determined to
730730 32 be eligible for a supplemental distribution in a particular state
731731 33 fiscal year under subsection (f).
732732 34 SECTION 10. IC 36-7-42 IS ADDED TO THE INDIANA CODE
733733 35 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
734734 36 JULY 1, 2025]:
735735 37 Chapter 42. Together for Tomorrow Commission
736736 38 Sec. 1. As used in this chapter, "commission" means the
737737 39 together for tomorrow commission established by section 3 of this
738738 40 chapter.
739739 41 Sec. 2. As used in this chapter, "fund" refers to the together for
740740 42 tomorrow fund established by section 9 of this chapter.
741741 2025 IN 293—LS 6959/DI 125 18
742742 1 Sec. 3. The together for tomorrow commission is established for
743743 2 the purpose of making collaborative decisions for the use of tax
744744 3 revenue collected from a casino located in the city of New Haven.
745745 4 Sec. 4. (a) The commission consists of the following four (4)
746746 5 members:
747747 6 (1) The executive of the city of New Haven.
748748 7 (2) The executive of the city of Fort Wayne.
749749 8 (3) The president of the city of New Haven's city common
750750 9 council.
751751 10 (4) One (1) member of the Allen County board of county
752752 11 commissioners who shall be selected by Allen County's board
753753 12 of county commissioners, as the designee.
754754 13 (b) The members described in subsection (a)(1) through (a)(3)
755755 14 serve on the commission by virtue of the office the individual holds.
756756 15 (c) There is no term length for the member described in
757757 16 subsection (a)(4), but the member serves at the will of the
758758 17 appointing authority. Any vacancy in the position described in
759759 18 subsection (a)(4) shall be filled in the same manner as the original
760760 19 appointment.
761761 20 Sec. 5. For purposes of Article 2, Section 9 of the Constitution
762762 21 of the State of Indiana, the position of a member of the commission
763763 22 is not considered a lucrative office.
764764 23 Sec. 6. (a) Each year the commission shall elect the following
765765 24 from among the members of the commission:
766766 25 (1) A chairperson.
767767 26 (2) A vice chairperson.
768768 27 (3) A treasurer.
769769 28 (b) An individual elected as a chairperson or a vice chairperson:
770770 29 (1) serves a term of one (1) year beginning July 1 following the
771771 30 date the individual is elected; and
772772 31 (2) may be reelected.
773773 32 Sec. 7. The commission shall meet at least one (1) time quarterly
774774 33 at the call of the chairperson. The first meeting shall be held not
775775 34 later than six (6) months after gaming operations begin at a casino
776776 35 located in the city of New Haven.
777777 36 Sec. 8. The members of the commission may not receive
778778 37 compensation for service on the commission.
779779 38 Sec. 9. (a) The fiscal officer of the commission shall establish a
780780 39 local fund known as the together for tomorrow fund for the
781781 40 purpose of carrying out this chapter. The fund shall be
782782 41 administered by the commission.
783783 42 (b) The fund consists of the following:
784784 2025 IN 293—LS 6959/DI 125 19
785785 1 (1) Revenue received under IC 4-33-12-8.7.
786786 2 (2) Revenue received under IC 4-33-13-5(m)(2).
787787 3 (3) Gifts, contributions, and grants.
788788 4 (c) The expenses of administering the fund shall be paid from
789789 5 money in the fund.
790790 6 (d) Money in the fund at the end of a state fiscal year does not
791791 7 revert to the state general fund or any other fund.
792792 8 (e) Money in the fund is continuously appropriated for the
793793 9 purposes set forth in this chapter.
794794 10 Sec. 10. The commission may use money in the fund for the
795795 11 following purposes:
796796 12 (1) Public health.
797797 13 (2) Addiction services and recovery services and resources.
798798 14 (3) To address homelessness or related services.
799799 15 (4) Public safety.
800800 16 (5) Any other purposes deemed appropriate by the
801801 17 commission.
802802 18 Sec. 11. The commission is subject to IC 5-14-1.5 (open door
803803 19 law) and IC 5-14-3 (public records law).
804804 20 Sec. 12. Before November 1 of each year, the commission shall
805805 21 make a report of the commission's activities and uses of money in
806806 22 the fund to the following:
807807 23 (1) The city of New Haven city common council.
808808 24 (2) The Allen County county council.
809809 25 (3) The city of Fort Wayne city common council.
810810 2025 IN 293—LS 6959/DI 125