SB 405-15_ Filed 02/22/2010, 11:29 Goodin


Text Box


    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______
    RULED OUT OF ORDER


[

HOUSE MOTION ____

]

MR. SPEAKER:

    I move that Engrossed Senate Bill 405 be amended to read as follows:

SOURCE: Page 1, line 1; (10)MO040507.1. -->     Page 1, between the enacting clause and line 1, begin a new paragraph and insert:
SOURCE: IC 4-31-5-11; (10)MO040507.1. -->     "SECTION 1. IC 4-31-5-11 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 11. The commission may shall require each permit holder to schedule one (1) two (2) or more races on each racing day:
        (1) solely for Indiana owned horses;
        (2) solely for Indiana sired horses;
        (3) solely for Indiana bred horses; or
        (4) for a combination of Indiana owned horses, Indiana sired horses, and Indiana bred horses.".
SOURCE: Page 6, line 15; (10)MO040507.6. -->     Page 6, between lines 15 and 16, begin a new paragraph and insert:
SOURCE: IC 4-31-11-0.3; (10)MO040507.6. -->     "SECTION 6. IC 4-31-11-0.3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 0.3. As used in this chapter, "base purse" means an amount equal to seventy percent (70%) of the equivalent open race purse for a race of the same class and condition that is:
        (1) not a stakes race; and
        (2) for a claiming price of at least ten thousand dollars ($10,000).

SOURCE: IC 4-31-11-0.7; (10)MO040507.7. -->     SECTION 7. IC 4-31-11-0.7 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE

UPON PASSAGE]: Sec. 0.7. As used in this chapter, "breeder award" refers to a monetary award paid to the breeder of any registered Indiana bred or sired horse that:
        (1) in the case of a standardbred or quarter horse, satisfies the requirements of an awards program established by the commission; or
        (2) in the case of a thoroughbred, wins a race at an Indiana racetrack for a claiming price of at least ten thousand dollars ($10,000).

SOURCE: IC 4-31-11-2.3; (10)MO040507.8. -->     SECTION 8. IC 4-31-11-2.3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2.3. As used in this chapter, "owner award" refers to a monetary award paid to the owner of any registered Indiana bred or sired horse that:
        (1) in the case of a standardbred or quarter horse, satisfies the requirements of an awards program established by the commission; or
        (2) in the case of a thoroughbred, wins a race at an Indiana racetrack for a claiming price of at least ten thousand dollars ($10,000).

SOURCE: IC 4-31-11-2.7; (10)MO040507.9. -->     SECTION 9. IC 4-31-11-2.7 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2.7. As used in this chapter, "stallion owner award" refers to a monetary award paid to the owner of a registered Indiana stallion whose progeny:
        (1) in the case of a standardbred or quarter horse, satisfies the requirements of an awards program established the commission; or
        (2) in the case of a thoroughbred, wins a race at an Indiana racetrack for a claiming price of at least ten thousand dollars ($10,000).

SOURCE: IC 4-31-11-3; (10)MO040507.10. -->     SECTION 10. IC 4-31-11-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 3. The commission may shall establish a separate breed development advisory committee for each breed of horse that participates in racing meetings under this article.
SOURCE: IC 4-31-11-9; (10)MO040507.11. -->     SECTION 11. IC 4-31-11-9 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 9. (a) Each development committee may shall make recommendations to the commission concerning:
        (1) stakes races;
        (2) futurity races;
        (3) races only for horses owned by Indiana residents;
        (4) races only for horses sired by stallions standing in Indiana;
        (5) races only for horses foaled in Indiana; or
        (6) races for any combination of horses described in subdivision

(3), (4), or (5).
Races described in subdivisions (3) through (6) may be for different distances and may be limited by the age, sex, or gait of the horse.
    (b) Each development committee may make recommendations to the commission concerning:
        (1) cooperative arrangements with statewide breed associations; and
        (2) distribution of money available in a development fund in order to supplement a purse for a race at a county fair or agricultural exposition in Indiana.

SOURCE: IC 4-31-11-10; (10)MO040507.12. -->     SECTION 12. IC 4-31-11-10 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 10. The commission may shall establish a separate breed development fund for each breed of horse that participates in racing meetings under this article. The development funds shall be administered by the commission.".
SOURCE: Page 6, line 24; (10)MO040507.6. -->     Page 6, between lines 24 and 25, begin a new paragraph and insert:
SOURCE: IC 4-31-11-15; (10)MO040507.14. -->     "SECTION 14. IC 4-31-11-15 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 15. (a) The commission shall use the development funds for the following purposes:
         (1) To provide purses and other funding for the activities awards for races described in section 9 of this chapter as required by:
            (A) section 16 of this chapter, in the case of thoroughbred racing; or
            (B) the rules of a program established by the commission, in the case of standardbred or quarter horse racing.
        (2) To fund cooperative arrangements described in section 9(b)(1) of this chapter.
        (3) To fund recommendations, if any, made under section 9(b)(2) of this chapter.
    (b) The commission may not use money in the development funds to pay administrative expenses incurred by the commission.

SOURCE: IC 4-31-11-16; (10)MO040507.15. -->     SECTION 15. IC 4-31-11-16 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 16. (a) This section applies only to money distributed to the breed development fund for thoroughbreds.
    (b) The money must be used as follows:
        (1) To provide purses and supplements for races restricted to Indiana bred or sired horses, or a combination of Indiana bred or sired horses.
        (2) To pay the following awards:
            (A) Owner awards.
            (B) Breeder awards.
            (C) Stallion owner awards.
    (c) Money used to provide purses under subsection (b) must supplement the base purse provided from the horse industry trust account established under the rules of the commission.
    (d) An award paid under subsection (b) is equal to the following amounts:
        (1) Twenty percent (20%) of the total purse of the race for which the award is made, including any purse supplements, in the case of an owner award or a breeder award.
        (2) Ten percent (10%) of the total purse of the race for which the award is made, including any purse supplements, in the case of a stallion owner award.
".
SOURCE: Page 33, line 16; (10)MO040507.33. -->     Page 33, delete lines 16 through 42, begin a new paragraph and insert:
SOURCE: IC 4-35-7-12; (10)MO040507.44. -->     "SECTION 44. IC 4-35-7-12, AS AMENDED BY P.L.142-2009, SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 12. (a) The Indiana horse racing commission shall enforce the requirements of this section.
    (b) Except as provided in subsections subsection (j), and (k), a licensee shall before the fifteenth day of each month devote to the gaming integrity fund, horse racing purses, and to horsemen's associations an amount equal to fifteen percent (15%) of the adjusted gross receipts of the slot machine wagering from the previous month at the licensee's racetrack. The Indiana horse racing commission may not use any of this money for any administrative purpose or other purpose of the Indiana horse racing commission, and the entire amount of the money shall be distributed as provided in this section. A licensee shall pay the first two hundred fifty thousand dollars ($250,000) distributed under this section in a state fiscal year to the Indiana horse racing commission for deposit in the gaming integrity fund established by IC 4-35-8.7-3. After this money has been distributed to the Indiana horse racing commission, a licensee shall distribute the remaining money devoted to horse racing purses and to horsemen's associations under this subsection as follows:
        (1) Five-tenths percent (0.5%) shall be transferred to horsemen's associations for equine promotion or welfare according to the ratios specified in subsection (e).
        (2) Two and five-tenths percent (2.5%) shall be transferred to horsemen's associations for backside benevolence according to the ratios specified in subsection (e).
        (3) Ninety-seven percent (97%) shall be distributed to promote horses and horse racing as provided in subsection (d).
    (c) A horsemen's association shall expend the amounts distributed to the horsemen's association under subsection (b)(1) through (b)(2) for a purpose promoting the equine industry or equine welfare or for a benevolent purpose that the horsemen's association determines is in the best interests of horse racing in Indiana for the breed represented by the

horsemen's association. Expenditures under this subsection are subject to the regulatory requirements of subsection (f).
    (d) A licensee shall distribute the amounts described in subsection (b)(3) as follows:
        (1) Forty-six percent (46%) for thoroughbred purposes as follows:
            (A) Sixty percent (60%) for the following purposes:
                (i) Ninety-seven percent (97%) for thoroughbred purses.
                (ii) Two and four-tenths percent (2.4%) to the horsemen's association representing thoroughbred owners and trainers.
                (iii) Six-tenths percent (0.6%) to the horsemen's association representing thoroughbred owners and breeders.
            (B) Forty percent (40%) to the breed development fund established for thoroughbreds under IC 4-31-11-10 to be used as required by IC 4-31-11-16.
        (2) Forty-six percent (46%) for standardbred purposes as follows:
            (A) Fifty percent (50%) for the following purposes:
                (i) Ninety-six and five-tenths percent (96.5%) for standardbred purses.
                (ii) Three and five-tenths percent (3.5%) to the horsemen's association representing standardbred owners and trainers.
            (B) Fifty percent (50%) to the breed development fund established for standardbreds under IC 4-31-11-10.
        (3) Eight percent (8%) for quarter horse purposes as follows:
            (A) Seventy percent (70%) for the following purposes:
                (i) Ninety-five percent (95%) for quarter horse purses.
                (ii) Five percent (5%) to the horsemen's association representing quarter horse owners and trainers.
            (B) Thirty percent (30%) to the breed development fund established for quarter horses under IC 4-31-11-10.
Expenditures under this subsection are subject to the regulatory requirements of subsection (f).
    (e) Money distributed under subsection (b)(1) and (b)(2) shall be allocated as follows:
        (1) Forty-six percent (46%) to the horsemen's association representing thoroughbred owners and trainers.
        (2) Forty-six percent (46%) to the horsemen's association representing standardbred owners and trainers.
        (3) Eight percent (8%) to the horsemen's association representing quarter horse owners and trainers.
    (f) Money distributed under this section may not be expended unless the expenditure is for a purpose authorized in this section and is either for a purpose promoting the equine industry or equine welfare or is for a benevolent purpose that is in the best interests of horse racing in Indiana or the necessary expenditures for the operations of the horsemen's association required to implement and fulfill the purposes of this section. The Indiana horse racing commission may review any

expenditure of money distributed under this section to ensure that the requirements of this section are satisfied. The Indiana horse racing commission shall adopt rules concerning the review and oversight of money distributed under this section and shall adopt rules concerning the enforcement of this section. The following apply to a horsemen's association receiving a distribution of money under this section:
        (1) The horsemen's association must annually file a report with the Indiana horse racing commission concerning the use of the money by the horsemen's association. The report must include information as required by the commission.
        (2) The horsemen's association must register with the Indiana horse racing commission.
    (g) The commission shall provide the Indiana horse racing commission with the information necessary to enforce this section.
    (h) The Indiana horse racing commission shall investigate any complaint that a licensee has failed to comply with the horse racing purse requirements set forth in this section. If, after notice and a hearing, the Indiana horse racing commission finds that a licensee has failed to comply with the purse requirements set forth in this section, the Indiana horse racing commission may:
        (1) issue a warning to the licensee;
        (2) impose a civil penalty that may not exceed one million dollars ($1,000,000); or
        (3) suspend a meeting permit issued under IC 4-31-5 to conduct a pari-mutuel wagering horse racing meeting in Indiana.
    (i) A civil penalty collected under this section must be deposited in the state general fund.
    (j) For a state fiscal year beginning after June 30, 2008, and ending before July 1, 2009, the amount of money dedicated to the purposes described in subsection (b) for a particular state fiscal year is equal to the lesser of:
        (1) fifteen percent (15%) of the licensee's adjusted gross receipts for the state fiscal year; or
        (2) eighty-five million dollars ($85,000,000).
If fifteen percent (15%) of a licensee's adjusted gross receipts for the state fiscal year exceeds the amount specified in subdivision (2), the licensee shall transfer the amount of the excess to the commission for deposit in the state general fund. The licensee shall adjust the transfers required under this section in the final month of the state fiscal year to comply with the requirements of this subsection.
    (k) For a state fiscal year beginning after June 30, 2009, the amount of money dedicated to the purposes described in subsection (b) for a particular state fiscal year is equal to the lesser of:
        (1) fifteen percent (15%) of the licensee's adjusted gross receipts for the state fiscal year; or
        (2) the amount dedicated to the purposes described in subsection

(b) in the previous state fiscal year increased by a percentage that does not exceed the percent of increase in the United States Department of Labor Consumer Price Index during the year preceding the year in which an increase is established.
If fifteen percent (15%) of a licensee's adjusted gross receipts for the state fiscal year exceeds the amount specified in subdivision (2), the licensee shall transfer the amount of the excess to the commission for deposit in the state general fund. The licensee shall adjust the transfers required under this section in the final month of the state fiscal year to comply with the requirements of this subsection.".
    Delete pages 34 through 35.

SOURCE: Page 36, line 1; (10)MO040507.36. -->     Page 36, delete lines 1 through 25.
    Renumber all SECTIONS consecutively.
    (Reference is to ESB 405 as printed February 19, 2010.)

________________________________________

Representative Goodin


MO040507/DI 92     2010