CHAPTER 13. OFFENSES AND ENFORCEMENT
IC 4-31-13
Chapter 13. Offenses and Enforcement
IC 4-31-13-1
Sanctions; civil penalties; maximum amount
Sec. 1. (a) The commission or the commission's designee, asdetermined under the rules of the commission, on its own motion orin addition to a penalty assessed by the stewards and judges, mayissue orders under IC 4-21.5 to:
(1) issue, deny, suspend, diminish, or revoke permits andlicenses as authorized by this article;
(2) impose civil penalties, in addition to any other penaltyimposed by the commission on a person who violates thisarticle or a rule or an order of the commission; and
(3) rule a person off one (1) or more permit holders' premises,if necessary in the public interest to maintain proper controlover recognized meetings.
(b) Except as provided in IC 4-31-12-16, a civil penalty imposedagainst a licensee under subsection (a)(2) may not exceed fivethousand dollars ($5,000). For purposes of subsection (a)(2), eachday during which a violation of this article or a rule or an order of thecommission continues to occur constitutes a separate offense.
(c) Civil penalties imposed under this article shall be deposited inthe state general fund.
As added by P.L.341-1989(ss), SEC.2. Amended by P.L.24-1992,SEC.43; P.L.50-1995, SEC.10.
IC 4-31-13-2
Disciplinary hearings; suspension of license; limitation of actions;appeal
Sec. 2. (a) The commission may adopt rules under IC 4-22-2 todelegate to the stewards and judges of racing meetings under thejurisdiction of the commission the power to conduct disciplinaryhearings on behalf of the commission. The stewards and judges shallgive at least twelve (12) hours notice of any such hearing. Thestewards and judges, on behalf of the commission, may impose one(1) or more of the following sanctions against a licensee who violatesthis article or the rules or orders of the commission:
(1) A civil penalty not to exceed one thousand dollars ($1,000).
(2) A temporary order or other immediate action in the natureof a summary suspension if a licensee's actions constitute animmediate danger to the public health, safety, or welfare.
(3) Suspension of a license held by the licensee for not morethan sixty (60) days. The suspension of a license under thissubdivision is:
(A) valid even though the suspension extends beyond theperiod of the racing meeting for which the stewards andjudges have been appointed; and
(B) effective at all other racing meetings under thejurisdiction of the commission. (4) A rule that a person must stay off the premises of one (1) ormore permit holders if necessary in the public interest tomaintain proper control over recognized meetings.
(5) Referral of the matter to the commission for itsconsideration.
However, at least two (2) of the stewards or judges at a racingmeeting must concur in a suspension or civil penalty.
(b) The suspension of a license or the imposition of a civil penaltyunder this section must occur within sixty (60) days after the date ofthe violation.
(c) A suspension or civil penalty under this section may beappealed to the commission. The commission shall adopt rulesestablishing procedures for appeals and stays of appeals.
As added by P.L.341-1989(ss), SEC.2. Amended by P.L.24-1992,SEC.44; P.L.50-1995, SEC.11.
IC 4-31-13-3
Conducting, aiding, or abetting pari-mutuel wagering without apermit; violation; Class D felony
Sec. 3. (a) A person who is not a permit holder may not conduct,or aid or abet the conducting of, a horse racing meeting at whichpari-mutuel wagering is permitted. Each day of racing in violation ofthis section constitutes a separate offense.
(b) A person who violates this section commits a Class D felony.
As added by P.L.341-1989(ss), SEC.2.
IC 4-31-13-3.5
Permit holders or persons with an interest in a permit holder
Sec. 3.5. (a) The definitions in IC 3-5-2 apply to this section to theextent they do not conflict with the definitions in this article.
(b) This section applies only to contributions made after June 30,1996.
(c) As used in this section, "candidate" refers to any of thefollowing:
(1) A candidate for a state office.
(2) A candidate for a legislative office.
(3) A candidate for a local office.
(d) As used in this section, "committee" refers to any of thefollowing:
(1) A candidate's committee.
(2) A regular party committee.
(3) A committee organized by a legislative caucus of the houseof the general assembly.
(4) A committee organized by a legislative caucus of the senateof the general assembly.
(e) As used in this section, "officer" refers only to either of thefollowing:
(1) An individual listed as an officer of a corporation in thecorporation's most recent annual report.
(2) An individual who is a successor to an individual described
in subdivision (1).
(f) For purposes of this section, a person is considered to have aninterest in a permit holder if the person satisfies any of the following:
(1) The person holds at least a one percent (1%) interest in thepermit holder.
(2) The person is an officer of the permit holder.
(3) The person is an officer of a person that holds at least a onepercent (1%) interest in the permit holder.
(4) The person is a political action committee of the permitholder.
(g) For purposes of this section, a permit holder is considered tohave made a contribution if a contribution is made by a person whohas an interest in the permit holder.
(h) A permit holder or a person with an interest in a permit holdermay not make a contribution to a candidate or a committee during thefollowing periods:
(1) The term during which the permit holder holds a permit.
(2) The three (3) years following the final expiration ortermination of the permit holder's permit.
(i) A person who knowingly or intentionally violates this sectioncommits a Class D felony.
As added by P.L.4-1996, SEC.92.
IC 4-31-13-4
Right of entry by commission and representatives; searches ofpersons and property; violation; suspension
Sec. 4. (a) The commission and its representatives have the rightof full and complete entry to any and all parts of the grounds andmutuel plants of permit holders.
(b) The commission, the commission's representatives, and thestate judge investigating for violations of law or of the rules of thecommission may permit persons authorized by them to search thefollowing persons and areas:
(1) All persons who are within the racetrack premises and:
(A) licensed by the commission; or
(B) engaged in activities that require a license by thecommission.
(2) Persons who have gained access to the racetrack premisesby special permission.
(3) Vendors licensed by the commission when they are withinthe racetrack premises.
(4) Stables, rooms, vehicles, and other places within theracetrack premises that are used by those persons who may besearched under this section.
(5) Stables, rooms, and vehicles that are used or maintained bypersons licensed by the commission and are located in areasoutside of the racetrack premises where horses eligible to raceat the racing meeting are stabled.
(c) If a licensee refuses to consent to a search under this section,the person shall be automatically suspended.As added by P.L.341-1989(ss), SEC.2. Amended by P.L.50-1995,SEC.12.
IC 4-31-13-5
"Member of the family" defined; offer of compensation or thing ofvalue by permit holder or employee to commission member orfamily; prohibition
Sec. 5. (a) As used in this section, "member of the family" meansa spouse, parent, father-in-law, mother-in-law, child, son-in-law,daughter-in-law, grandparent, grandchild, brother, sister,brother-in-law, sister-in-law, uncle, aunt, nephew, niece, or firstcousin.
(b) A permit holder or a member, an officer, a director, or anemployee of the permit holder may not give or offer to:
(1) a member, an employee, or a representative of thecommission; or
(2) a member of the family of a commission member, anemployee, or a representative;
a gift, money, property, entertainment, or any other thing of valuewith intent to influence, or that may appear to be intended toinfluence, the member, an employee, or a representative of thecommission in the performance of official duties and responsibilities.
As added by P.L.341-1989(ss), SEC.2.
IC 4-31-13-6
Disclosure of information by permit holder to commission
Sec. 6. Upon demand in writing by the commission, a permitholder shall furnish the commission a full and complete statement ofreceipts, expenditures, attendance, and any other information that thecommission requires with respect to a meeting or with respect to anaccounting period specified by the commission.
As added by P.L.341-1989(ss), SEC.2.
IC 4-31-13-7
Horse in which racetrack official has direct or indirect interest in;ineligibility
Sec. 7. (a) This section applies to the following persons:
(1) Judges.
(2) Racing secretaries.
(3) Employees in the racing secretary's office.
(4) Starters.
(5) Assistant starters.
(6) Assistants to the state veterinarian.
(7) Any other racing official of a permit holder whoseappointment must be reported to and approved by thecommission under IC 4-31-5-5.
(b) When a person listed in subsection (a) is serving in an officialcapacity at a racetrack, a horse in which the person (or the person'sspouse or child) has a direct or indirect interest may not be raced atthat racetrack.As added by P.L.341-1989(ss), SEC.2.
IC 4-31-13-8
Making of book or operation of handbooks on grounds; bettingwith bookmakers; prohibitions
Sec. 8. A permit holder may not allow the making of book or theoperation of handbooks on its grounds. If these practices are foundto exist, the permit holder shall take immediate steps to eliminatethem. Any licensees who are found betting with bookmakers may bedeprived of their licenses, ejected from the grounds, and deniedentrance to any race meeting in Indiana. Any other persons foundbetting with bookmakers may be ejected from the grounds anddenied further entrance to any race meeting in Indiana.
As added by P.L.341-1989(ss), SEC.2.
IC 4-31-13-9
Gift by permit holder to induce precinct committee member onlocal public question
Sec. 9. (a) The definitions in IC 3-5-2 apply to this section to theextent they do not conflict with the definitions in this article.
(b) This section applies only to property given after June 30,1996.
(c) As used in this section, "officer" refers only to either of thefollowing:
(1) An individual listed as an officer of a corporation in thecorporation's most recent annual report.
(2) An individual who is a successor to an individual describedin subdivision (1).
(d) For purposes of this section, a person is considered to have aninterest in a permit holder if the person satisfies any of the following:
(1) The person holds at least a one percent (1%) interest in thepermit holder.
(2) The person is an officer of the permit holder.
(3) The person is an officer of a person that holds at least a onepercent (1%) interest in the permit holder.
(4) The person is a political action committee of the permitholder.
(e) A permit holder or a person with an interest in a permit holdermay not give any property (as defined in IC 35-41-1-23) to a memberof a precinct committee to induce the member of the precinctcommittee to do any act or refrain from doing any act with respect tothe approval of a local public question under IC 4-31-4.
(f) A person who knowingly or intentionally violates this sectioncommits a Class D felony.
As added by P.L.24-1996, SEC.9. Amended by P.L.2-1997, SEC.13.