IC 4-35-12
    Chapter 12. Gambling Games Temporarily Conducted by aTrustee

IC 4-35-12-1
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 games under this chapter; and
        (2) either of the following:
            (A) A written power of attorney approved by thecommission under IC 4-35-5-9.
            (B) An appointment by the commission under IC 4-35-4-14.
As added by P.L.142-2009, SEC.28.

IC 4-35-12-2
Exercise of power delegated by power of attorney prohibited unlessauthorized by the commission
    Sec. 2. A person may not exercise any powers delegated under apower of attorney submitted under IC 4-35-5-9 unless thecommission adopts a resolution under section 3 of this chapter.
As added by P.L.142-2009, SEC.28.

IC 4-35-12-3
Resolution authorizing a trustee to conduct gambling games at aracetrack
    Sec. 3. The commission may adopt a resolution authorizing atrustee to temporarily conduct gambling games at a racetrack if anyof the following occur with respect to that particular racetrack:
        (1) The commission revokes the owner's permit or gamblinggame license.
        (2) The commission declines to renew the owner's permit orgambling game license.
        (3) A proposed transferee is denied a permit under IC 4-31 or agambling game license under this article when attempting topurchase the racetrack and obtain a permit, but the person whoattempted to sell the racetrack is unable or unwilling to retainownership or control of the racetrack.
        (4) A permit holder agrees in writing to relinquish control of theracetrack to a trustee as approved by the commission.
As added by P.L.142-2009, SEC.28.

IC 4-35-12-4
Effective date of power of attorney
    Sec. 4. A power of attorney designating a trustee to conductgambling games at a racetrack is effective on the date designated bythe commission in a resolution authorizing the trustee to conductgambling games under this chapter. The power of attorney remainsin effect until the date the trusteeship established by the operation of

the power of attorney is terminated by resolution of the commission.
As added by P.L.142-2009, SEC.28.

IC 4-35-12-5
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.28.

IC 4-35-12-6
Trustee requirements
    Sec. 6. A trustee who conducts gambling games at a racetrack:
        (1) must:
            (A) be eligible to receive an occupational license underIC 4-35-6.5; and
            (B) satisfy the requirements of any rule adopted by thecommission under IC 4-35-6.5-4;
        (2) must conduct the gambling games within the same standardsfor character, reputation, and financial integrity that areimposed upon a permit holder by this article;
        (3) must submit to the commission any information requestedby the commission; and
        (4) is charged with all the duties imposed upon a permit holderunder this article.
As added by P.L.142-2009, SEC.28.

IC 4-35-12-7
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 theracetrack. In addition, the trustee shall consider the effect of thetrustee's actions upon:
        (1) the amount of taxes and fees remitted by the trustee underthis article;
        (2) the racetrack's surrounding community;
        (3) the racetrack's employees; and
        (4) the creditors of the owner of the racetrack.
    (b) In balancing the interests described in subsection (a), a trusteeshall conduct gambling games at the racetrack in a manner thatenhances the credibility and integrity of gambling games in Indianawhile minimizing disruptions to tax revenues, fee remissions,employment, and credit obligations.
As added by P.L.142-2009, SEC.28.

IC 4-35-12-8
Duty of racetrack owner to sell a racetrack at which a trusteeconducts gambling games
    Sec. 8. (a) A person who directly or indirectly owns a racetrackthat is the subject of a resolution described in section 3 of this

chapter has one hundred eighty (180) days after the date on whichthe commission adopts the resolution to sell the racetrack (and itsrelated properties described in section 9 of this chapter) to anotherperson that:
        (1) satisfies the requirements of IC 4-31 for obtaining a permitand this article for obtaining a gambling game license; and
        (2) is approved by the commission.
    (b) If the person is unable to sell the racetrack (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 that:
        (1) satisfies the requirements of IC 4-31 for obtaining a permitand this article for obtaining a gambling game license; and
        (2) is approved by the commission.
As added by P.L.142-2009, SEC.28.

IC 4-35-12-9
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 racetrack's slot machine facility.
As added by P.L.142-2009, SEC.28.

IC 4-35-12-10
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 racetrack that is the subject of aresolution described in section 3 of this chapter.
As added by P.L.142-2009, SEC.28.

IC 4-35-12-11
Liability insurance
    Sec. 11. A permit holder shall purchase liability insurance, in anamount determined by the commission, to protect the trusteeappointed to conduct gambling games on behalf of the permit holderfrom liability for any act or omission by the trustee occurring withinthe scope of the trustee's duties. The insurance coverage required bythis section must apply to the entire period of the trusteeship.
As added by P.L.142-2009, SEC.28.

IC 4-35-12-12
Power to revoke, modify, or amend a resolution authorizing atrustee to conduct gambling games at a racetrack
    Sec. 12. (a) Except as provided in subsection (b), the commissionmay revoke, modify, or amend a resolution authorizing a trustee toconduct gambling games under this chapter upon a showing of goodcause after a public meeting. A public meeting held under this

subsection may be conducted by the commission or the executivedirector.
    (b) In an emergency that requires immediate action to protect thecredibility and integrity of gambling games authorized by this article,the commission 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 games under this chapter.
        (2) Remove the trustee from the control of the racetrack subjectto the revoked resolution.
As added by P.L.142-2009, SEC.28.