IC 4-33-21
    Chapter 21. Riverboat Operations Temporarily Conducted by aTrustee

IC 4-33-21-1
Application of chapter
    Sec. 1. This chapter applies only to a trustee acting under theauthority of:
        (1) a resolution adopted by the commission authorizing thetrustee to conduct gambling operations under this chapter; and
        (2) either of the following:
            (A) A written power of attorney approved by thecommission under IC 4-33-6-2(c), IC 4-33-6-22,IC 4-33-6.5-2(c), or IC 4-33-6.5-16.
            (B) An appointment by the commission under IC 4-33-4-25.
As added by P.L.142-2009, SEC.16.

IC 4-33-21-2
Exercise of powers delegated by a power of attorney prohibitedunless authorized by the commission
    Sec. 2. A person may not exercise any powers delegated by apower of attorney described by section 1(2) of this chapter unless thecommission adopts a resolution under section 3 of this chapter.
As added by P.L.142-2009, SEC.16.

IC 4-33-21-3
Resolution authorizing a trustee to conduct gambling operations
    Sec. 3. The commission may adopt a resolution authorizing atrustee to temporarily conduct gambling operations on a riverboat ifany of the following occurs with respect to that particular riverboat:
        (1) The commission revokes the owner's license or operatingagent contract.
        (2) The commission declines to renew the owner's license oroperating agent contract.
        (3) A proposed transferee is denied an owner's license underthis article when attempting to purchase the riverboat and obtainan owner's license, but the person who attempted to sell theriverboat is unable or unwilling to retain ownership or controlof the riverboat.
        (4) A proposed transferee is denied an operating agent contractunder this article when attempting to purchase the riverboatsubject to IC 4-33-6.5, but the person who attempted to sell theriverboat is unable or unwilling to retain ownership or controlof the riverboat.
        (5) A licensed owner or an operating agent agrees in writing torelinquish control of a riverboat to a trustee as approved by thecommission.
As added by P.L.142-2009, SEC.16.
IC 4-33-21-4
Effective date of power of attorney
    Sec. 4. A power of attorney designating a trustee to conductgambling operations on a riverboat is effective on the date designatedby the commission in a resolution authorizing the trustee tocommence gambling operations. The power of attorney remains ineffect until the date the trusteeship established by the operation ofthe power of attorney is terminated by resolution of the commission.
As added by P.L.142-2009, SEC.16.

IC 4-33-21-5
General power of attorney law applies
    Sec. 5. (a) IC 30-5 applies to a trustee exercising powers underthis chapter.
    (b) For purposes of IC 30-5, a trustee is an attorney in fact.
As added by P.L.142-2009, SEC.16.

IC 4-33-21-6
Trustee requirements
    Sec. 6. A trustee who conducts gambling operations on ariverboat:
        (1) must:
            (A) be eligible to receive an occupational license underIC 4-33-8; and
            (B) satisfy the requirements of any rule adopted by thecommission under IC 4-33-8-4;
        (2) must conduct the gambling operations within the samestandards for character, reputation, and financial integrity thatare imposed upon a licensed owner or operating agent by thisarticle;
        (3) must submit to the commission any information requestedby the commission; and
        (4) is charged with all the duties imposed upon a licensed owneror operating agent under this article.
As added by P.L.142-2009, SEC.16.

IC 4-33-21-7
Trustee's duties
    Sec. 7. (a) A trustee acting under the authority of this chaptermust fulfill the trustee's duties as a fiduciary for the owner of theriverboat. In addition, the trustee shall consider the effect of thetrustee's actions upon:
        (1) the amount of taxes remitted by the trustee under IC 4-33-12and IC 4-33-13;
        (2) the riverboat's dock city or county;
        (3) the riverboat's employees; and
        (4) the creditors of the owner of the riverboat.
    (b) In balancing the interests described in subsection (a), a trusteeshall conduct gambling operations on the riverboat in a manner thatenhances the credibility and integrity of riverboat gambling in

Indiana while minimizing disruptions to tax revenues, incentivepayments, employment, and credit obligations.
As added by P.L.142-2009, SEC.16.

IC 4-33-21-8
Riverboat owner's duty to sell a riverboat operated by a trustee
    Sec. 8. (a) A person who directly or indirectly owns a riverboatthat is the subject of a resolution described in section 3 of thischapter has one hundred eighty (180) days after the date on whichthe commission adopts the resolution to sell the riverboat (and itsrelated properties described in section 9 of this chapter) to anotherperson who:
        (1) satisfies the requirements of this article for obtaining anowner's license; and
        (2) is approved by the commission.
    (b) If the person is unable to sell the riverboat (and its relatedproperties described in section 9 of this chapter) in the time requiredby subsection (a), the trustee may take any action necessary to sellthe properties to another person who:
        (1) satisfies the requirements of this article for obtaining anowner's license; and
        (2) is approved by the commission.
As added by P.L.142-2009, SEC.16.

IC 4-33-21-9
Operation of related properties
    Sec. 9. A trustee acting under the authority of this chapter mayconduct the operations of any hotel, restaurant, golf course, or otheramenity related to the riverboat operation.
As added by P.L.142-2009, SEC.16.

IC 4-33-21-10
Trustee compensation
    Sec. 10. A trustee is entitled to reasonable compensation forcarrying out the duties imposed upon the trustee under this chapter.The trustee's compensation must be:
        (1) approved by the commission; and
        (2) paid by the owner of the riverboat that is the subject of aresolution described in section 3 of this chapter.
As added by P.L.142-2009, SEC.16.

IC 4-33-21-11
Liability insurance
    Sec. 11. A licensed owner or an operating agent shall purchaseliability insurance, in an amount determined by the commission, toprotect the trustee appointed to conduct gambling operations onbehalf of the licensed owner or operating agent from liability for anyact or omission by the trustee occurring within the scope of thetrustee's duties. The insurance coverage required by this section mustapply to the entire period of the trusteeship.As added by P.L.142-2009, SEC.16.

IC 4-33-21-12
Power to revoke, modify, or amend a resolution authorizing atrustee to conduct gambling operations
    Sec. 12. (a) Except as provided in subsection (b), the commissionmay after a public meeting revoke, modify, or amend a resolutionauthorizing a trustee to conduct gambling operations under thischapter upon a showing of good cause. A public meeting held underthis subsection may be conducted by the commission or the executivedirector.
    (b) In an emergency that requires immediate action to protect thecredibility and integrity of riverboat gambling in Indiana, thecommission may, without holding a hearing, take the followingactions concerning a trustee whose actions have created theemergency:
        (1) Revoke the resolution authorizing the trustee to conductgambling operations under this chapter.
        (2) Remove the trustee from the control of the riverboat subjectto the revoked resolution.
As added by P.L.142-2009, SEC.16.