CHAPTER 3. INDIANA HORSE RACING COMMISSION
IC 4-31-3
Chapter 3. Indiana Horse Racing Commission
IC 4-31-3-1
Establishment
Sec. 1. (a) The Indiana horse racing commission is established.The commission consists of five (5) members appointed by thegovernor. The members of the commission:
(1) must be registered voters;
(2) must have resided in Indiana for at least five (5) yearspreceding their appointment;
(3) may not be state employees; and
(4) may not have a direct or indirect interest in a firm,association, or corporation that:
(A) is licensed by the commission; or
(B) participates in pari-mutuel meetings in any manner.
(b) No more than three (3) members of the commission may beaffiliated with the same political party.
As added by P.L.341-1989(ss), SEC.2. Amended by P.L.8-1993,SEC.38.
IC 4-31-3-2
Terms of office of members
Sec. 2. (a) Except as provided in subsection (d), the term of officeof a member of the commission is four (4) years.
(b) If a vacancy occurs on the commission, the governor shallappoint a new member to serve for the remainder of the unexpiredterm.
(c) A member of the commission may not serve more than two (2)consecutive terms. However, this limitation does not apply to part ofan unexpired term served under subsection (b) or to terms of three(3) years or less required under subsection (d).
(d) In order to stagger the terms of office of the members of thecommission, the terms of office that begin in 1997 must be asfollows:
(1) One (1) member shall be appointed for a term of one (1)year.
(2) One (1) member shall be appointed for a term of two (2)years.
(3) One (1) member shall be appointed for a term of three (3)years.
(4) Two (2) members shall each be appointed for a term of four(4) years.
Thereafter, all members shall be appointed for terms of four (4)years.
As added by P.L.341-1989(ss), SEC.2. Amended by P.L.50-1995,SEC.1.
IC 4-31-3-3
Chairman Sec. 3. The governor shall designate a member of the commissionto serve as chairman.
As added by P.L.341-1989(ss), SEC.2.
IC 4-31-3-4
Quorum
Sec. 4. (a) Three (3) commission members constitute a quorum.Three (3) affirmative votes are required for the commission to takean action.
(b) A vacancy on the commission does not affect the ability of theremaining members to exercise all the powers of the commission.
As added by P.L.341-1989(ss), SEC.2.
IC 4-31-3-5
Salary; reimbursement of expenses
Sec. 5. Each member of the commission is entitled to theminimum salary per diem provided by IC 4-10-11-2.1(b). Eachmember is also entitled to reimbursement for traveling expenses andother expenses actually incurred in connection with the member'sduties, as provided in the state travel policies and proceduresestablished by the department of administration and approved by thebudget agency.
As added by P.L.341-1989(ss), SEC.2.
IC 4-31-3-6
Surety bond
Sec. 6. Each member of the commission shall execute a suretybond in the penal sum of ten thousand dollars ($10,000). To theextent a member of the commission is already covered by a bondrequired by state law, the member need not obtain another bond aslong as the bond required by state law is at least equal to the penalsum specified in this section and covers the member's activities forthe commission. Instead of a bond, the chairman of the commissionmay execute a blanket surety bond covering each member and theemployees or other officers of the commission. Each surety bondmust be conditioned upon the faithful performance of the duties ofthe office of the member and shall be issued by a surety companyauthorized to transact business in Indiana. At all times after theissuance of a surety bond, each member shall maintain the suretybond in full force and effect. All costs of the surety bonds shall bepaid by the commission.
As added by P.L.341-1989(ss), SEC.2.
IC 4-31-3-7
Removal of member; notice; hearing
Sec. 7. The governor may remove a member of the commissionfor malfeasance, misfeasance, willful neglect of duty, or other cause.Before removing a member, the governor must give the membernotice and a public hearing, unless the member expressly waives thenotice and hearing in writing.As added by P.L.341-1989(ss), SEC.2.
IC 4-31-3-8
Duties
Sec. 8. The commission shall:
(1) prescribe the rules and conditions under which horse racingat a recognized meeting may be conducted;
(2) initiate safeguards as necessary to account for the amount ofmoney wagered at each track or satellite facility in eachwagering pool;
(3) require all permit holders to provide a photographic orvideotape recording, approved by the commission, of the entirerunning of all races conducted by the permit holder;
(4) make annual reports concerning its operations andrecommendations to the governor and, in an electronic formatunder IC 5-14-6, to the general assembly; and
(5) carry out the provisions of IC 15-19-2, after consideringrecommendations received from the Indiana standardbredadvisory board under IC 15-19-2.
As added by P.L.341-1989(ss), SEC.2. Amended by P.L.24-1992,SEC.5; P.L.15-1999, SEC.1; P.L.28-2004, SEC.52; P.L.2-2008,SEC.18.
IC 4-31-3-9
Powers
Sec. 9. Subject to section 14 of this chapter, the commission may:
(1) adopt rules under IC 4-22-2, including emergency rulesunder IC 4-22-2-37.1, to implement this article, including rulesthat prescribe:
(A) the forms of wagering that are permitted;
(B) the number of races;
(C) the procedures for wagering;
(D) the wagering information to be provided to the public;
(E) fees for the issuance and renewal of:
(i) permits under IC 4-31-5;
(ii) satellite facility licenses under IC 4-31-5.5; and
(iii) licenses for racetrack personnel and racingparticipants under IC 4-31-6;
(F) investigative fees;
(G) fines and penalties; and
(H) any other regulation that the commission determines isin the public interest in the conduct of recognized meetingsand wagering on horse racing in Indiana;
(2) appoint employees in the manner provided by IC 4-15-2 andfix their compensation, subject to the approval of the budgetagency under IC 4-12-1-13;
(3) enter into contracts necessary to implement this article; and
(4) receive and consider recommendations from an advisorydevelopment committee established under IC 4-31-11.
As added by P.L.341-1989(ss), SEC.2. Amended by P.L.24-1992,
SEC.6; P.L.182-2009(ss), SEC.57.
IC 4-31-3-10
Director and assistant director
Sec. 10. (a) The commission shall appoint a director and anassistant director who serve at the pleasure of the commission. Thedirector and the assistant director must have a background in thehorse industry, a high level of management skills, and previousexperience with pari-mutuel horse betting administration.
(b) The director and the assistant director shall:
(1) attend all meetings of the commission;
(2) keep a complete record of the commission's proceedings;
(3) preserve at the commission's office all documents entrustedto the commission's care; and
(4) perform other duties the commission prescribes.
As added by P.L.341-1989(ss), SEC.2. Amended by P.L.50-1995,SEC.2.
IC 4-31-3-11
Racing inspectors
Sec. 11. (a) The commission shall employ or contract for racinginspectors to attend each recognized meeting held under a permitissued under this article. Each racing inspector shall file with thesecretary of state a bond:
(1) in the sum of five thousand dollars ($5,000);
(2) with sufficient sureties; and
(3) approved by and made payable to the treasurer of state.
(b) A permit holder shall give each racing inspector full and freeaccess to the books, records, and papers pertaining to the pari-mutuelsystem of wagering and to the enclosure or space where thepari-mutuel system is conducted, for the purpose of ascertainingwhether the permit holder is retaining the proper amount ofcommission. The racing inspector shall investigate and ascertainwhether this article or rules adopted by the commission are beingviolated at the racetrack or enclosure. The racing inspector shallimmediately report a violation in writing and under oath to thecommission.
As added by P.L.341-1989(ss), SEC.2.
IC 4-31-3-11.5
Judges and stewards
Sec. 11.5. The commission shall employ or contract for judgesand stewards to attend each recognized meeting held under a permitissued under this article. The permit holder shall, in the mannerprescribed by the rules of the commission, reimburse the commissionfor the salaries and other expenses of the judges and stewards whoserve at the permit holder's racetrack.
As added by P.L.24-1992, SEC.7.
IC 4-31-3-12
Public employees' retirement fund
Sec. 12. Employees of the commission are members of the publicemployees' retirement fund. Persons who provide services for thecommission under contractual agreements are not members of thepublic employees' retirement fund.
As added by P.L.341-1989(ss), SEC.2.
IC 4-31-3-13
Director of security
Sec. 13. (a) The commission shall employ a director of securitywho is qualified by training and experience in law enforcement orsecurity to supervise, direct, coordinate, and administer the securityactivities of the commission.
(b) The director of security may do the following:
(1) Investigate licensees of the commission, includingapplicants for licenses, necessary to ensure the security andintegrity of pari-mutuel racing.
(2) Investigate an alleged violation of this article or a ruleadopted by the commission.
(3) Enter a permit holder's premises for the performance of thedirector's lawful duties.
(4) Conduct searches authorized by IC 4-31-13-4.
(5) Perform other duties the commission prescribes.
As added by P.L.50-1995, SEC.3.
IC 4-31-3-14
Prohibition of fee for proposed transfer of ownership
Sec. 14. The commission may not do the following:
(1) Impose, charge, or collect by rule a fee that is not authorizedby this article on any party to a proposed transfer of anownership interest in a permit issued under IC 4-31-5.
(2) Make the commission's approval of a proposed transfer ofan ownership interest in a permit issued under IC 4-31-5contingent upon the payment of any amount that is notauthorized by this article.
As added by P.L.182-2009(ss), SEC.58.