CHAPTER 3. INDIANA GAMING COMMISSION
IC 4-33-3
Chapter 3. Indiana Gaming Commission
IC 4-33-3-1
Establishment of commission
Sec. 1. The Indiana gaming commission is established.
As added by P.L.277-1993(ss), SEC.124.
IC 4-33-3-2
Members; qualifications; appointment
Sec. 2. (a) The commission consists of seven (7) membersappointed by the governor.
(b) Each member of the commission must:
(1) be a resident of Indiana; and
(2) have a reasonable knowledge of the practice, procedures,and principles of gambling operations.
(c) At least one (1) member of the commission must beexperienced in law enforcement and criminal investigation.
(d) At least one (1) member of the commission must be a certifiedpublic accountant experienced in accounting and auditing.
(e) At least one (1) member of the commission must be anattorney admitted to the practice of law in Indiana.
(f) One (1) member of the commission must be a resident of acounty described in IC 4-33-1-1(1).
(g) One (1) member of the commission must be a resident of acounty described in IC 4-33-1-1(2).
(h) Not more than four (4) members may be affiliated with thesame political party.
As added by P.L.277-1993(ss), SEC.124. Amended by P.L.170-2005,SEC.2.
IC 4-33-3-3
Chair
Sec. 3. The governor shall designate one (1) member of thecommission to serve as chair.
As added by P.L.277-1993(ss), SEC.124.
IC 4-33-3-4
Terms
Sec. 4. (a) Except as provided in subsection (b), the term of officeof a commission member is three (3) years.
(b) When making the initial appointments to the commissionunder this chapter, the governor shall do the following:
(1) Appoint two (2) members to serve for terms of three (3)years.
(2) Appoint two (2) members to serve for terms of two (2)years.
(3) Appoint three (3) members to serve for terms of one (1)year.
As added by P.L.277-1993(ss), SEC.124.
IC 4-33-3-5
Vacancies
Sec. 5. A vacancy on the commission shall be filled for theunexpired term in the same manner as the original appointment.
As added by P.L.277-1993(ss), SEC.124.
IC 4-33-3-6
Reappointment
Sec. 6. Each member of the commission is eligible forreappointment at the discretion of the governor.
As added by P.L.277-1993(ss), SEC.124.
IC 4-33-3-7
Compensation
Sec. 7. Each member of the commission is entitled to receive thefollowing:
(1) Salary per diem, as provided in IC 4-10-11-2.1(b), for eachday the member does any of the following:
(A) Attends a meeting of the commission.
(B) Conducts a hearing under this article.
(2) Reimbursement for traveling expenses and other expensesactually incurred in connection with the member's duties, asprovided in the state travel policies and procedures establishedby the department of administration and approved by the budgetagency.
As added by P.L.277-1993(ss), SEC.124.
IC 4-33-3-8
Conflict of interest
Sec. 8. A person may not be appointed to the commission orcontinue to be a commission member if the person or the person'sspouse, child, or parent is:
(1) a member of the board of directors of; or
(2) financially interested in;
a gambling operation subject to the jurisdiction of the commission.
As added by P.L.277-1993(ss), SEC.124.
IC 4-33-3-9
Other public office
Sec. 9. A commission member may not hold any other publicoffice for which the member receives compensation other thannecessary travel expenses or other incidental expenses.
As added by P.L.277-1993(ss), SEC.124.
IC 4-33-3-10
Moral character; felony conviction or indictment
Sec. 10. A person may not be appointed to the commission if:
(1) the person is not of good moral character; or
(2) the person:
(A) has been convicted of; or (B) is under indictment for;
a felony under Indiana law, the laws of any other state, or lawsof the United States.
As added by P.L.277-1993(ss), SEC.124.
IC 4-33-3-11
Removal
Sec. 11. A member of the commission may be removed by thegovernor for any of the following reasons:
(1) Neglect of duty.
(2) Misfeasance.
(3) Malfeasance.
(4) Nonfeasance.
As added by P.L.277-1993(ss), SEC.124.
IC 4-33-3-12
Oath; bond
Sec. 12. Each member of the commission must, before beginningthe discharge of the duties of the member's office, do the following:
(1) Take an oath that the member will faithfully execute theduties of the member's office according to Indiana law and rulesadopted under Indiana law.
(2) Provide a bond to the state that:
(A) is approved by the governor;
(B) is for twenty-five thousand dollars ($25,000); and
(C) is, after being executed and approved, recorded in theoffice of the secretary of state.
As added by P.L.277-1993(ss), SEC.124.
IC 4-33-3-13
Bond renewal
Sec. 13. If the governor determines that the bond of a commissionmember has become or is likely to become invalid or insufficient, thegovernor shall immediately require the member to renew themember's bond. The governor must approve a bond renewed underthis section.
As added by P.L.277-1993(ss), SEC.124.
IC 4-33-3-14
Removal for failing to take oath or provide bond
Sec. 14. The governor may remove a commission member who:
(1) does not:
(A) take the required oath; and
(B) provide the required bond;
not more than thirty (30) days after the member is appointed tothe commission; or
(2) does not renew the member's bond not more than thirty (30)days after the governor requires the renewal under this chapter.
As added by P.L.277-1993(ss), SEC.124.
IC 4-33-3-15
Bond cost; payment by commission
Sec. 15. The commission may pay the cost of a bond given by amember of the commission under this chapter.
As added by P.L.277-1993(ss), SEC.124.
IC 4-33-3-16
Staff support; personnel
Sec. 16. The commission shall hire staff to carry out the duties ofthe commission. Upon the request of the commission, the departmentshall employ personnel necessary to carry out the duties of thecommission.
As added by P.L.277-1993(ss), SEC.124. Amended by P.L.20-1995,SEC.4.
IC 4-33-3-17
Employee conflict of interest
Sec. 17. (a) A person may not be employed to serve thecommission if:
(1) the person or the person's spouse, parent, or child is:
(A) an official of an operator or operating agent engaged ingambling operations in Indiana; or
(B) a person with:
(i) a financial interest in; or
(ii) a financial relation with;
an operator or operating agent engaged in gamblingoperations in Indiana; or
(2) the person is a spouse, parent, or child of a commissionmember.
(b) The employment of a person employed in violation ofsubsection (a) shall be terminated.
As added by P.L.277-1993(ss), SEC.124. Amended by P.L.92-2003,SEC.9.
IC 4-33-3-18
Executive director; appointment; compensation
Sec. 18. (a) The governor shall appoint the executive director ofthe commission to serve at the pleasure of the governor. Theexecutive director's compensation shall be approved annually by thegovernor under IC 4-12-2.
(b) The commission may by resolution assign to the executivedirector any duty imposed upon the commission by this article.
(c) The executive director shall perform the duties assigned to theexecutive director by the commission. The executive director mayexercise any power conferred upon the commission by this articlethat is consistent with the duties assigned to the executive directorunder subsection (b).
(d) In addition to any salary paid under this section, the executivedirector is entitled to reimbursement for traveling expenses and otherexpenses actually incurred in connection with the executive director's
duties, as provided in the state travel policies and proceduresestablished by the department of administration and approved by thebudget agency.
As added by P.L.277-1993(ss), SEC.124. Amended by P.L.142-2009,SEC.3.
IC 4-33-3-19
Executive director; duties
Sec. 19. (a) The executive director shall devote the executivedirector's full time to the duties of the office.
(b) The executive director shall do the following:
(1) Keep records of all proceedings of the commission.
(2) Preserve all papers, books, documents, and other recordsbelonging to or held by the commission.
As added by P.L.277-1993(ss), SEC.124. Amended by P.L.227-2007,SEC.46.
IC 4-33-3-20
Meetings
Sec. 20. (a) The commission shall hold at least one (1) meetingeach quarter of the fiscal year.
(b) The chair or any two (2) commission members may call aspecial meeting. A special meeting may be held not earlier thanseventy-two (72) hours after written notice has been sent to eachmember.
(c) Except as provided in this article, commission meetings aresubject to IC 5-14-1.5.
(d) Four (4) members of the commission constitute a quorum ofthe commission.
(e) Four (4) affirmative votes are required for the commission totake official action.
As added by P.L.277-1993(ss), SEC.124.
IC 4-33-3-21
Records
Sec. 21. (a) The commission shall keep a complete and accuraterecord of the commission's meetings.
(b) The commission shall maintain records that are separate fromthe records of any other state board or commission. Thecommission's records shall be available for public inspection andmust accurately reflect all commission proceedings.
As added by P.L.277-1993(ss), SEC.124.
IC 4-33-3-22
Annual report
Sec. 22. (a) The commission shall file a written annual report withthe governor before September 1 of each year. The commission shallfile any additional reports that the governor requests.
(b) The annual report filed under this section must include astatement describing the following: (1) The receipts and disbursements of the commission.
(2) Actions taken by the commission.
(3) Any additional information and recommendations that:
(A) the commission considers useful; or
(B) the governor requests.
As added by P.L.277-1993(ss), SEC.124. Amended by P.L.188-2003,SEC.12.
IC 4-33-3-23
Hearings
Sec. 23. (a) A commission member or an administrative law judgeappointed by the commission may do the following:
(1) Conduct a hearing authorized under this article.
(2) Recommend findings of fact and decisions to thecommission.
(b) The commission member or administrative law judgeconducting a hearing has all the powers and rights granted to thecommission. A hearing under this article shall be conducted underIC 4-21.5.
(c) When conducting a public hearing, the commission shall notlimit the number of speakers who may testify. However, thecommission may set reasonable time limits on the length of anindividual's testimony or the total amount of time allotted toproponents and opponents of an issue before the commission.
As added by P.L.277-1993(ss), SEC.124. Amended by P.L.52-1995,SEC.1.