IC 4-32.2-9-1 Responsibility for security; necessary police powers
Sec. 1. (a) The commission is responsible for security matters
under this article. The commission may employ investigators and
other individuals necessary to carry out this chapter.
(b) An employee of the commission engaged in the enforcement
of this article is vested with the necessary police powers to enforce
this article. The police powers granted by this subsection are limited
to the enforcement of this article.
(c) An employee described in subsection (b) may not:
(1) issue a summons for an infraction or a misdemeanor
violation of any law other than this article;
(2) act as an officer for the arrest of offenders for the violation
of an Indiana law other than this article; or
(3) exercise any other police power with respect to the
enforcement of any state or local law other than this article. As added by P.L.91-2006, SEC.3.
IC 4-32.2-9-2 Authorized security powers
Sec. 2. An employee of the commission may do any of the
following:
(1) Investigate an alleged violation of this article.
(2) Arrest an alleged violator of this article.
(3) Enter upon the following premises for the performance of
the employee's lawful duties:
(A) A location where a bingo event, charity game night,
festival event, raffle, door prize drawing, or other charity
gambling event licensed under IC 4-32.2-4-16 is being
conducted.
(B) A location where pull tabs, tip boards, or punchboards
are being purchased, sold, manufactured, printed, or stored.
(4) Take necessary equipment from the premises for further
investigation.
(5) Obtain full access to all financial records of the entity upon
request.
(6) If there is a reason to believe that a violation has occurred,
search and inspect the premises where the violation is alleged
to have occurred or is occurring. A search under this
subdivision may not be conducted unless a warrant has first
been obtained by the executive director. A contract entered into
by the executive director may not include a provision allowing
for warrantless searches. A warrant may be obtained in the
county where the search will be conducted or in Marion
County.
(7) Seize or take possession of:
(A) papers;
(B) records;
(C) tickets;
(D) currency; or
(E) other items;
related to an alleged violation. As added by P.L.91-2006, SEC.3. Amended by P.L.227-2007,
SEC.41.
IC 4-32.2-9-3 Investigations
Sec. 3. (a) The commission shall conduct investigations necessary
to ensure the security and integrity of the operation of games of
chance under this article. The commission may conduct
investigations of the following:
(1) Licensed qualified organizations.
(2) Applicants for licenses issued under this article.
(3) Entities that sell, manufacture, or distribute licensed
supplies.
(4) Employees of the commission under this article.
(5) Applicants for contracts or employment with the
commission under this article.
(6) Individuals engaged in conducting allowable events.
(b) The commission may require persons subject to an
investigation under subsection (a) to provide information, including
fingerprints, that is:
(1) required by the commission to carry out the investigation;
or
(2) otherwise needed to facilitate access to state and criminal
history information. As added by P.L.91-2006, SEC.3. Amended by P.L.227-2007,
SEC.42.
IC 4-32.2-9-4 State police and other agency assistance
Sec. 4. (a) The state police department shall, at the request of the
executive director, provide the following:
(1) Assistance in obtaining criminal history information
relevant to investigations required for honest, secure, exemplary
operations under this article.
(2) Any other assistance requested by the executive director and
agreed to by the superintendent of the state police department.
(b) Any other state agency, including the alcohol and tobacco
commission and the Indiana professional licensing agency, shall
upon request provide the executive director with information relevant
to an investigation conducted under this article. As added by P.L.91-2006, SEC.3.
IC 4-32.2-9-5 Retention of marketing sheets
Sec. 5. A marketing sheet published in connection with a
wagering game must be maintained for the lesser of:
(1) six (6) years after the year in which the marketing sheet was
published; or
(2) the end of an audit in which the marketing sheet and similar
records are audited. As added by P.L.91-2006, SEC.3.
IC 4-32.2-9-6 Destroyed, discontinued, or unusable licensed supplies
Sec. 6. (a) This section applies only to products sold in Indiana.
(b) If a licensed manufacturer or distributor destroys,
discontinues, or otherwise renders unusable a licensed supply, the
manufacturer or distributor shall provide the commission with a
written list of the items destroyed, discontinued, or rendered
otherwise unusable.
(c) The list required under subsection (b) must contain the
following information concerning the items destroyed, discontinued,
or rendered otherwise unusable:
(1) The quantity.
(2) A description.
(3) The serial numbers.
(4) The date the items were destroyed, discontinued, or
rendered otherwise unusable.
(d) Notwithstanding subsection (b), this section does not apply to
a product considered defective by the manufacturer or distributor. As added by P.L.91-2006, SEC.3. Amended by P.L.227-2007,
SEC.43.
IC 4-32.2-9-7 Requests for records; production deadline
Sec. 7. Records of a manufacturer or distributor must be produced
upon request by the commission within seventy-two (72) hours or by
another mutually agreed upon time if production of the requested
documents within seventy-two (72) hours is impractical or
burdensome. As added by P.L.91-2006, SEC.3.
IC 4-32.2-9-8 Quarterly reports
Sec. 8. A manufacturer or distributor of a licensed supply to be
used in charity gaming in Indiana must file a quarterly report listing
the manufacturer's or distributor's sales of the licensed supply. As added by P.L.91-2006, SEC.3. Amended by P.L.227-2007,
SEC.44.
IC 4-32.2-9-9 Confidentiality
Sec. 9. (a) Information obtained by the commission during the
course of an investigation conducted under this chapter is
confidential.
(b) A driver's license number or other identifying information of
an operator or worker that is submitted to the commission on an
application for a license under this article is confidential. As added by P.L.91-2006, SEC.3. Amended by P.L.108-2009,
SEC.13.
IC 4-32.2-9-1 Responsibility for security; necessary police powers
Sec. 1. (a) The commission is responsible for security matters
under this article. The commission may employ investigators and
other individuals necessary to carry out this chapter.
(b) An employee of the commission engaged in the enforcement
of this article is vested with the necessary police powers to enforce
this article. The police powers granted by this subsection are limited
to the enforcement of this article.
(c) An employee described in subsection (b) may not:
(1) issue a summons for an infraction or a misdemeanor
violation of any law other than this article;
(2) act as an officer for the arrest of offenders for the violation
of an Indiana law other than this article; or
(3) exercise any other police power with respect to the
enforcement of any state or local law other than this article. As added by P.L.91-2006, SEC.3.
IC 4-32.2-9-2 Authorized security powers
Sec. 2. An employee of the commission may do any of the
following:
(1) Investigate an alleged violation of this article.
(2) Arrest an alleged violator of this article.
(3) Enter upon the following premises for the performance of
the employee's lawful duties:
(A) A location where a bingo event, charity game night,
festival event, raffle, door prize drawing, or other charity
gambling event licensed under IC 4-32.2-4-16 is being
conducted.
(B) A location where pull tabs, tip boards, or punchboards
are being purchased, sold, manufactured, printed, or stored.
(4) Take necessary equipment from the premises for further
investigation.
(5) Obtain full access to all financial records of the entity upon
request.
(6) If there is a reason to believe that a violation has occurred,
search and inspect the premises where the violation is alleged
to have occurred or is occurring. A search under this
subdivision may not be conducted unless a warrant has first
been obtained by the executive director. A contract entered into
by the executive director may not include a provision allowing
for warrantless searches. A warrant may be obtained in the
county where the search will be conducted or in Marion
County.
(7) Seize or take possession of:
(A) papers;
(B) records;
(C) tickets;
(D) currency; or
(E) other items;
related to an alleged violation. As added by P.L.91-2006, SEC.3. Amended by P.L.227-2007,
SEC.41.
IC 4-32.2-9-3 Investigations
Sec. 3. (a) The commission shall conduct investigations necessary
to ensure the security and integrity of the operation of games of
chance under this article. The commission may conduct
investigations of the following:
(1) Licensed qualified organizations.
(2) Applicants for licenses issued under this article.
(3) Entities that sell, manufacture, or distribute licensed
supplies.
(4) Employees of the commission under this article.
(5) Applicants for contracts or employment with the
commission under this article.
(6) Individuals engaged in conducting allowable events.
(b) The commission may require persons subject to an
investigation under subsection (a) to provide information, including
fingerprints, that is:
(1) required by the commission to carry out the investigation;
or
(2) otherwise needed to facilitate access to state and criminal
history information. As added by P.L.91-2006, SEC.3. Amended by P.L.227-2007,
SEC.42.
IC 4-32.2-9-4 State police and other agency assistance
Sec. 4. (a) The state police department shall, at the request of the
executive director, provide the following:
(1) Assistance in obtaining criminal history information
relevant to investigations required for honest, secure, exemplary
operations under this article.
(2) Any other assistance requested by the executive director and
agreed to by the superintendent of the state police department.
(b) Any other state agency, including the alcohol and tobacco
commission and the Indiana professional licensing agency, shall
upon request provide the executive director with information relevant
to an investigation conducted under this article. As added by P.L.91-2006, SEC.3.
IC 4-32.2-9-5 Retention of marketing sheets
Sec. 5. A marketing sheet published in connection with a
wagering game must be maintained for the lesser of:
(1) six (6) years after the year in which the marketing sheet was
published; or
(2) the end of an audit in which the marketing sheet and similar
records are audited. As added by P.L.91-2006, SEC.3.
IC 4-32.2-9-6 Destroyed, discontinued, or unusable licensed supplies
Sec. 6. (a) This section applies only to products sold in Indiana.
(b) If a licensed manufacturer or distributor destroys,
discontinues, or otherwise renders unusable a licensed supply, the
manufacturer or distributor shall provide the commission with a
written list of the items destroyed, discontinued, or rendered
otherwise unusable.
(c) The list required under subsection (b) must contain the
following information concerning the items destroyed, discontinued,
or rendered otherwise unusable:
(1) The quantity.
(2) A description.
(3) The serial numbers.
(4) The date the items were destroyed, discontinued, or
rendered otherwise unusable.
(d) Notwithstanding subsection (b), this section does not apply to
a product considered defective by the manufacturer or distributor. As added by P.L.91-2006, SEC.3. Amended by P.L.227-2007,
SEC.43.
IC 4-32.2-9-7 Requests for records; production deadline
Sec. 7. Records of a manufacturer or distributor must be produced
upon request by the commission within seventy-two (72) hours or by
another mutually agreed upon time if production of the requested
documents within seventy-two (72) hours is impractical or
burdensome. As added by P.L.91-2006, SEC.3.
IC 4-32.2-9-8 Quarterly reports
Sec. 8. A manufacturer or distributor of a licensed supply to be
used in charity gaming in Indiana must file a quarterly report listing
the manufacturer's or distributor's sales of the licensed supply. As added by P.L.91-2006, SEC.3. Amended by P.L.227-2007,
SEC.44.
IC 4-32.2-9-9 Confidentiality
Sec. 9. (a) Information obtained by the commission during the
course of an investigation conducted under this chapter is
confidential.
(b) A driver's license number or other identifying information of
an operator or worker that is submitted to the commission on an
application for a license under this article is confidential. As added by P.L.91-2006, SEC.3. Amended by P.L.108-2009,
SEC.13.
IC 4-32.2-9-1 Responsibility for security; necessary police powers
Sec. 1. (a) The commission is responsible for security matters
under this article. The commission may employ investigators and
other individuals necessary to carry out this chapter.
(b) An employee of the commission engaged in the enforcement
of this article is vested with the necessary police powers to enforce
this article. The police powers granted by this subsection are limited
to the enforcement of this article.
(c) An employee described in subsection (b) may not:
(1) issue a summons for an infraction or a misdemeanor
violation of any law other than this article;
(2) act as an officer for the arrest of offenders for the violation
of an Indiana law other than this article; or
(3) exercise any other police power with respect to the
enforcement of any state or local law other than this article. As added by P.L.91-2006, SEC.3.
IC 4-32.2-9-2 Authorized security powers
Sec. 2. An employee of the commission may do any of the
following:
(1) Investigate an alleged violation of this article.
(2) Arrest an alleged violator of this article.
(3) Enter upon the following premises for the performance of
the employee's lawful duties:
(A) A location where a bingo event, charity game night,
festival event, raffle, door prize drawing, or other charity
gambling event licensed under IC 4-32.2-4-16 is being
conducted.
(B) A location where pull tabs, tip boards, or punchboards
are being purchased, sold, manufactured, printed, or stored.
(4) Take necessary equipment from the premises for further
investigation.
(5) Obtain full access to all financial records of the entity upon
request.
(6) If there is a reason to believe that a violation has occurred,
search and inspect the premises where the violation is alleged
to have occurred or is occurring. A search under this
subdivision may not be conducted unless a warrant has first
been obtained by the executive director. A contract entered into
by the executive director may not include a provision allowing
for warrantless searches. A warrant may be obtained in the
county where the search will be conducted or in Marion
County.
(7) Seize or take possession of:
(A) papers;
(B) records;
(C) tickets;
(D) currency; or
(E) other items;
related to an alleged violation. As added by P.L.91-2006, SEC.3. Amended by P.L.227-2007,
SEC.41.
IC 4-32.2-9-3 Investigations
Sec. 3. (a) The commission shall conduct investigations necessary
to ensure the security and integrity of the operation of games of
chance under this article. The commission may conduct
investigations of the following:
(1) Licensed qualified organizations.
(2) Applicants for licenses issued under this article.
(3) Entities that sell, manufacture, or distribute licensed
supplies.
(4) Employees of the commission under this article.
(5) Applicants for contracts or employment with the
commission under this article.
(6) Individuals engaged in conducting allowable events.
(b) The commission may require persons subject to an
investigation under subsection (a) to provide information, including
fingerprints, that is:
(1) required by the commission to carry out the investigation;
or
(2) otherwise needed to facilitate access to state and criminal
history information. As added by P.L.91-2006, SEC.3. Amended by P.L.227-2007,
SEC.42.
IC 4-32.2-9-4 State police and other agency assistance
Sec. 4. (a) The state police department shall, at the request of the
executive director, provide the following:
(1) Assistance in obtaining criminal history information
relevant to investigations required for honest, secure, exemplary
operations under this article.
(2) Any other assistance requested by the executive director and
agreed to by the superintendent of the state police department.
(b) Any other state agency, including the alcohol and tobacco
commission and the Indiana professional licensing agency, shall
upon request provide the executive director with information relevant
to an investigation conducted under this article. As added by P.L.91-2006, SEC.3.
IC 4-32.2-9-5 Retention of marketing sheets
Sec. 5. A marketing sheet published in connection with a
wagering game must be maintained for the lesser of:
(1) six (6) years after the year in which the marketing sheet was
published; or
(2) the end of an audit in which the marketing sheet and similar
records are audited. As added by P.L.91-2006, SEC.3.
IC 4-32.2-9-6 Destroyed, discontinued, or unusable licensed supplies
Sec. 6. (a) This section applies only to products sold in Indiana.
(b) If a licensed manufacturer or distributor destroys,
discontinues, or otherwise renders unusable a licensed supply, the
manufacturer or distributor shall provide the commission with a
written list of the items destroyed, discontinued, or rendered
otherwise unusable.
(c) The list required under subsection (b) must contain the
following information concerning the items destroyed, discontinued,
or rendered otherwise unusable:
(1) The quantity.
(2) A description.
(3) The serial numbers.
(4) The date the items were destroyed, discontinued, or
rendered otherwise unusable.
(d) Notwithstanding subsection (b), this section does not apply to
a product considered defective by the manufacturer or distributor. As added by P.L.91-2006, SEC.3. Amended by P.L.227-2007,
SEC.43.
IC 4-32.2-9-7 Requests for records; production deadline
Sec. 7. Records of a manufacturer or distributor must be produced
upon request by the commission within seventy-two (72) hours or by
another mutually agreed upon time if production of the requested
documents within seventy-two (72) hours is impractical or
burdensome. As added by P.L.91-2006, SEC.3.
IC 4-32.2-9-8 Quarterly reports
Sec. 8. A manufacturer or distributor of a licensed supply to be
used in charity gaming in Indiana must file a quarterly report listing
the manufacturer's or distributor's sales of the licensed supply. As added by P.L.91-2006, SEC.3. Amended by P.L.227-2007,
SEC.44.
IC 4-32.2-9-9 Confidentiality
Sec. 9. (a) Information obtained by the commission during the
course of an investigation conducted under this chapter is
confidential.
(b) A driver's license number or other identifying information of
an operator or worker that is submitted to the commission on an
application for a license under this article is confidential. As added by P.L.91-2006, SEC.3. Amended by P.L.108-2009,
SEC.13.
