1. (a) This section applies if the commission receives more than one (1) application proposing to operate an inland casino in the same county.
2. (b) The commission may, after making the filed applications available to the public under section 4 of this chapter, solicit and accept a supplemental bid from one (1) or more of the applicants that submitted an application described in subsection (a).

3. (c) The following apply to a supplemental bid submitted under subsection (b):

   1. (1) A supplemental bid:

      1. (A) must be submitted only to the commission; and
      2. (B) subject to subsection (e), must be sealed and is confidential.

   2. (2) A supplemental bid may include proposed payments to one (1) or both of the following:

      1. (A) The state.
      2. (B) The community in which the proposed inland casino will be located.
   3. (3) Each supplemental bid must clearly identify the amount, recipient, and timing of a proposed payment under subdivision (2).

   4. (4) An applicant may include in a supplemental bid modifications to the information submitted by the applicant under:

      1. (A) section 2(a)(1)(B)(iii) through 2(a)(1)(B)(v) of this chapter; and
      2. (B) section 2(a)(1)(C) of this chapter.
   5. (5) A unit (as defined in IC 36-1-2-23 ) may not negotiate directly with an applicant submitting a supplemental bid.
4. (d) If a supplemental bid is submitted under this section, the commission is not required to consider only applications accompanied by a supplemental bid. The commission may approve an application that was not accompanied by a supplemental bid.
5. (e) After the commission makes a final decision under section 6 of this chapter, the commission must make public each supplemental bid received under this section.

As added by P.L.77-2026, SEC.9.