Sec. 18. (a) Semi-Annual Reimbursement Payments to the State for Compact Oversight Costs. The Band shall make semi-annual reimbursement payments (“Reimbursement Payments”) for the Class III gaming operations at the South Bend Site in the amount of fifty thousand dollars ($50,000) or five hundredths of one percent (0.05%) of the semi-annual Net Win, whichever amount is greater, to the Indiana Gaming Commission, or to its successor as determined by law, to be applied by the State toward the costs it incurs in carrying out functions authorized by the terms of this Compact.

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Terms Used In Indiana Code 4-29.5-4-18

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5
     (b) If the Band’s Certificate of Self-Regulation is revoked, then the Band shall cease to be responsible for the Reimbursement Payments required under subsection (a) and shall thereafter be responsible for reimbursing the State for the actual costs incurred by the Indiana Gaming Commission, or its successor as determined by law, in carrying out Compliance Oversight functions authorized by the terms of this Compact, provided that the total amount of each such Reimbursement Payment under this subsection shall be capped at 0.3% of the semi-annual Net Win. The Band’s obligation to reimburse the State for the Indiana Gaming Commission’s actual oversight costs shall be effective immediately on the date the Certificate of Self-Regulation is revoked notwithstanding any appeal of such revocation the Band may pursue pursuant to 25 U.S.C. § 2714. The Band’s obligation to reimburse the State for the actual oversight costs incurred by the Indiana Gaming Commission shall cease to be effective immediately on the date that the NIGC re-issues a Certificate of Self-Regulation to the Band and thereafter the Band shall be responsible for the Reimbursement Payment due under subsection (a).

     (c) The Reimbursement Payments owed under subsection (a) or subsection (b) shall be based on a six-month payment period that commences on August 1 and February 1, respectively, of each year (each six-month payment period is referred to as a “Reimbursement Period”). Any payment due and owing for that Reimbursement Period shall be made within sixty (60) days after the end of that Reimbursement Period. A payment required under subsection (a) that ceases to be owed under the terms of subsection (b) shall be prorated for a partial Reimbursement Period and the payment obligations under subsection (b) shall thereafter apply to the remaining portion of the Reimbursement Period.

As added by P.L.171-2021, SEC.1.

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