IC 4-31-8
    Chapter 8. Miscellaneous Operating Procedures

IC 4-31-8-1
Rules governing horse racing
    Sec. 1. All horse racing over which the commission hasjurisdiction shall be conducted under rules adopted by thecommission. A matter that is not provided for in the commission'srules shall be determined by the judges or by the commission.
As added by P.L.341-1989(ss), SEC.2.

IC 4-31-8-2
Camera to photograph each finish
    Sec. 2. A permit holder shall provide a camera that shall be usedto photograph each finish. If two (2) or more horses reach the finishpost so closely aligned that it is difficult for the judges to determinethe order of finish for any of the first four (4) positions, the negativeor a positive print may be inspected and used to make a decision. Aprint or prints of the finish or the equivalent shall be posted forpublic inspection. However, in the event of mechanical difficulty orinsufficient light for a picture to be taken, the judges shall make thefinal decision.
As added by P.L.341-1989(ss), SEC.2.

IC 4-31-8-3
Identification of horse; burden of proof
    Sec. 3. A horse may not start in a race unless the horse is fullyidentified. The burden of proving a horse's identity rests with theperson having charge of the horse at the horse racing meeting, andthe judges may suspend and refer to the commission such a personin case of fraud or attempted fraud. The judges also may suspend andrefer to the commission any other person who aids in the perpetrationof a fraud or who participates in an attempt at fraud.
As added by P.L.341-1989(ss), SEC.2.

IC 4-31-8-4
Alcohol breath test; procedure; sanctions
    Sec. 4. (a) A permit holder shall provide an alcohol breath-testingdevice that is approved by the commission and operated by a personcertified to use such a device. All drivers, jockeys, judges, starters,assistant starters, and drivers of starting gates shall submit to a breathtest at each racing program in which they participate. In addition, thesecretary of the commission, a member of the commission, acommission investigator, the stewards, or the track chief of securitymay order a licensee to submit to a breath test at any time there isreason to believe the licensee may have consumed sufficient alcoholto cause the licensee to fail a breath test.
    (b) A person whose breath test shows a reading of an alcoholconcentration equivalent (as defined in IC 9-13-2-2.4) to more thanfive-hundredths (0.05) gram of alcohol per two hundred ten (210)

liters of the person's breath, is subject to the following sanctions:
        (1) A driver or jockey may not be permitted to drive or ride andshall be suspended under the rules of the commission.
        (2) A judge, a starter, an assistant starter, or a driver of thestarting gate shall be relieved of all duties for that program, anda report shall be made to the commission for appropriate action.
        (3) Any other licensee shall be suspended, beginning that day,under the rules of the commission.
    (c) The stewards and judges shall, on behalf of the commission,impose the following sanctions against a licensee who refuses tosubmit to a breath test:
        (1) For the first refusal, a civil penalty of one hundred dollars($100) and a seven (7) day suspension.
        (2) For a second refusal, a civil penalty of two hundred fiftydollars ($250) and a thirty (30) day suspension.
        (3) For any additional refusals to submit to a breath test, a civilpenalty of two hundred fifty dollars ($250), a sixty (60) daysuspension, and referral of the case to the commission for anyfurther action that the commission considers necessary.
    (d) A sanction under subsection (c) may be appealed to thecommission. An appeal stays the sanction until further action by thecommission. The appeal must be heard by the commission withinthirty (30) days after the date of the appeal.
As added by P.L.341-1989(ss), SEC.2. Amended by P.L.33-1997,SEC.1; P.L.1-2000, SEC.1.

IC 4-31-8-5
Inspection of racetrack premises; certification
    Sec. 5. Each applicant for a permit shall, before the opening of theapplicant's racing season, request an inspection of the racetrackpremises and obtain a certificate from the division of fire andbuilding safety stating that the premises are in compliance with allsafety requirements.
As added by P.L.341-1989(ss), SEC.2. Amended by P.L.1-2006,SEC.85.

IC 4-31-8-6
"Horsemen's association" defined
    Sec. 6. (a) As used in this section, "horsemen's association" meansa corporation, a limited liability company, an organization, or anassociation that represents, through membership, more than one-half(1/2) of the aggregate of all owners and trainers who were licensedand actively participated in racing at a recognized meeting.
    (b) A permit holder may contract with one (1) or more horsemen'sassociation for the association to represent owners and trainersparticipating in a horse racing meeting conducted by the permitholder.
As added by P.L.341-1989(ss), SEC.2. Amended by P.L.8-1993,SEC.41.