IC 4-35-4
Chapter 4. Powers and Duties of the Indiana Gaming Commission
IC 4-35-4-1 Administration, regulation, and enforcement of slot machine
wagering at racetracks
Sec. 1. (a) The commission shall regulate and administer
gambling games conducted by a licensee under this article.
(b) The commission has the following powers and duties for the
purpose of administering, regulating, and enforcing the system of
gambling games at racetracks authorized under this article:
(1) All powers and duties specified in this article.
(2) All powers necessary and proper to fully and effectively
execute this article.
(3) Jurisdiction and supervision over the following:
(A) All gambling game operations in Indiana.
(B) All persons at racetracks where gambling games are
conducted.
(4) The power to investigate and reinvestigate applicants and
licensees and determine the eligibility of applicants for licenses.
(5) The power to take appropriate administrative enforcement
or disciplinary action against a licensee.
(6) The power to investigate alleged violations of this article.
(7) The power to conduct hearings.
(8) The power to issue subpoenas for the attendance of
witnesses and subpoenas duces tecum for the production of
books, records, and other relevant documents.
(9) The power to administer oaths and affirmations to the
witnesses.
(10) The power to prescribe forms to be used by licensees.
(11) The power to revoke, suspend, or renew licenses issued
under this article.
(12) The power to hire employees to gather information,
conduct investigations, and carry out other tasks under this
article. The employees hired by the commission under this
article may be the same as the commission's employees hired
under IC 4-32.2 or IC 4-33.
(13) The power to take any reasonable or appropriate action to
enforce this article.
(c) The commission may by resolution assign to the executive
director any duty imposed upon the commission by this article.
(d) The executive director shall perform the duties assigned to the
executive director by the commission. The executive director may
exercise any power conferred upon the commission by this article
that is consistent with the duties assigned to the executive director
under subsection (c). As added by P.L.233-2007, SEC.21.
IC 4-35-4-2 Rules; violations; fees and penalties; voluntary exclusion program
Sec. 2. (a) The commission shall do the following:
(1) Adopt rules under IC 4-22-2 that the commission determines
are necessary to protect or enhance the following:
(A) The credibility and integrity of gambling games
authorized under this article.
(B) The regulatory process provided in this article.
(2) Conduct all hearings concerning civil violations of this
article.
(3) Provide for the establishment and collection of license fees
imposed under this article, and deposit the license fees in the
state general fund.
(4) Levy and collect penalties for noncriminal violations of this
article and deposit the penalties in the state general fund.
(5) Approve the design, appearance, aesthetics, and
construction of slot machine facilities authorized under this
article.
(6) Adopt emergency rules under IC 4-22-2-37.1 if the
commission determines that:
(A) the need for a rule is so immediate and substantial that
rulemaking procedures under IC 4-22-2-13 through
IC 4-22-2-36 are inadequate to address the need; and
(B) an emergency rule is likely to address the need.
(7) Adopt rules to establish and implement a voluntary
exclusion program that meets the requirements of subsection
(c).
(8) Establish the requirements for a power of attorney submitted
under IC 4-35-5-9.
(b) The commission shall begin rulemaking procedures under
IC 4-22-2-13 through IC 4-22-2-36 to adopt an emergency rule
adopted under subsection (a)(6) not later than thirty (30) days after
the adoption of the emergency rule under subsection (a)(6).
(c) Rules adopted under subsection (a)(7) must provide the
following:
(1) Except as provided by rule of the commission, a person who
participates in the voluntary exclusion program agrees to refrain
from entering a facility at which gambling games are conducted
or another facility under the jurisdiction of the commission.
(2) That the name of a person participating in the program will
be included on a list of persons excluded from all facilities
under the jurisdiction of the commission.
(3) Except as provided by rule of the commission, a person who
participates in the voluntary exclusion program may not petition
the commission for readmittance to a facility under the
jurisdiction of the commission.
(4) That the list of patrons entering the voluntary exclusion
program and the personal information of the participants are
confidential and may only be disseminated by the commission
to the owner or operator of a facility under the jurisdiction of
the commission for purposes of enforcement and to other
entities, upon request by the participant and agreement by the
commission.
(5) That an owner of a facility under the jurisdiction of the
commission shall make all reasonable attempts as determined
by the commission to cease all direct marketing efforts to a
person participating in the program.
(6) That an owner of a facility under the jurisdiction of the
commission may not cash the check of a person participating in
the program or extend credit to the person in any manner.
However, the voluntary exclusion program does not preclude an
owner from seeking the payment of a debt accrued by a person
before entering the program. As added by P.L.233-2007, SEC.21. Amended by P.L.142-2009,
SEC.18.
IC 4-35-4-3 Rules
Sec. 3. The commission shall adopt rules under IC 4-22-2 for the
following purposes:
(1) Administering this article.
(2) Establishing the conditions under which gambling games at
racetracks may be conducted.
(3) Providing for the prevention of practices detrimental to the
public interest.
(4) Establishing rules concerning the inspection of gambling
game facilities at racetracks and the review of the licenses
necessary to conduct gambling games under this article.
(5) Imposing penalties for noncriminal violations of this article. As added by P.L.233-2007, SEC.21.
IC 4-35-4-4 Gaming agent duties
Sec. 4. The commission shall be present through the commission's
gaming agents during the time gambling games are being conducted
at a racetrack to do the following:
(1) Certify the revenue received by a racetrack from gambling
games.
(2) Receive complaints from the public concerning the
operation of gambling games.
(3) Conduct other investigations into the conduct of the
gambling games and the maintenance of the equipment that the
commission considers necessary and proper. As added by P.L.233-2007, SEC.21.
IC 4-35-4-5 Reimbursement for gaming agent expenses
Sec. 5. The commission shall employ gaming agents to perform
duties imposed by this article. A licensee shall, under rules adopted
by the commission under IC 4-22-2, reimburse the commission for:
(1) training expenses incurred to train gaming agents;
(2) salaries and other expenses of staff required to support the
gaming agents; and
(3) salaries and other expenses of the gaming agents required to
be present during the time gambling games are being conducted
at a racetrack. As added by P.L.233-2007, SEC.21.
IC 4-35-4-6 Contract with Indiana horse racing commission authorized
Sec. 6. The commission may enter into a contract with the Indiana
horse racing commission for the provision of services necessary to
administer this article. As added by P.L.233-2007, SEC.21.
IC 4-35-4-7 Licensing standards for occupations and slot machines
Sec. 7. (a) The commission shall adopt standards for the licensing
of the following:
(1) Persons regulated under this article.
(2) Slot machines used in gambling games.
(b) Where applicable, 68 IAC applies to racetracks conducting
gambling games under this article. As added by P.L.233-2007, SEC.21.
IC 4-35-4-8 Records of licensee
Sec. 8. The commission shall require that the records, including
financial statements, of a licensee must be maintained in the manner
prescribed by the commission. As added by P.L.233-2007, SEC.21.
IC 4-35-4-9 Ejection or exclusion from facilities
Sec. 9. (a) The commission may eject or exclude or authorize the
ejection or exclusion of a person from a facility at which gambling
games are conducted if:
(1) the person's name is on the list of persons voluntarily
excluding themselves from all facilities at which gambling
games are conducted in a program established under the rules
of the commission;
(2) the person violates this article; or
(3) the commission determines that the person's conduct or
reputation is such that the person's presence within a facility at
which gambling games are conducted may:
(A) call into question the honesty and integrity of the
gambling games at racetracks; or
(B) interfere with the orderly conduct of the gambling games
at racetracks.
(b) A person, other than a person participating in a voluntary
exclusion program, may petition the commission for a hearing on the
person's ejection or exclusion under this section.
As added by P.L.233-2007, SEC.21.
IC 4-35-4-10 Violations of article; fraudulent acts
Sec. 10. If a licensee or an employee of a licensee violates this
article or engages in a fraudulent act, the commission may do any
combination of the following:
(1) Suspend, revoke, or restrict the license of the licensee.
(2) Require the removal of a licensee or an employee of a
licensee.
(3) Impose a civil penalty of not more than the greater of:
(A) ten thousand dollars ($10,000); or
(B) an amount equal to the licensee's daily gross receipts for
the day of the violation;
against a licensee for each violation of this article.
(4) Impose a civil penalty of not more than twenty-five
thousand dollars ($25,000) against a person who has been
issued a supplier's license for each violation of this article. As added by P.L.233-2007, SEC.21.
IC 4-35-4-11 Investigative procedures; complaints
Sec. 11. (a) The commission shall review and make a
determination on a complaint by a licensee concerning an
investigative procedure that the licensee alleges is unnecessarily
disruptive of gambling games at racetracks.
(b) A licensee filing a complaint under this section must prove all
of the following by clear and convincing evidence:
(1) The investigative procedure had no reasonable law
enforcement purpose.
(2) The investigative procedure was so disruptive as to
unreasonably inhibit gambling games at racetracks.
(c) For purposes of this section, the need to inspect and
investigate a licensee shall be presumed at all times. As added by P.L.233-2007, SEC.21.
IC 4-35-4-12 Display of toll free telephone number
Sec. 12. (a) The commission shall require a licensee to
conspicuously display the number of the toll free telephone line
described in IC 4-33-12-6 in the following locations:
(1) On each admission ticket to a facility at which gambling
games are conducted, if tickets are issued.
(2) On a poster or placard that is on display in a public area of
each facility at which gambling games at racetracks are
conducted.
(b) The commission may adopt rules under IC 4-22-2 necessary
to carry out this section. As added by P.L.233-2007, SEC.21. IC 4-35-4-13 Prohibition of fee for proposed transfer of ownership
Sec. 13. The commission may not do the following:
(1) Impose, charge, or collect by rule a fee that is not authorized
by this article on any party to a proposed transfer of an
ownership interest in a license issued under IC 4-35-5.
(2) Make the commission's approval of a proposed transfer of
an ownership interest in a license issued under IC 4-35-5
contingent upon the payment of any amount that is not
authorized by this article. As added by P.L.182-2009(ss), SEC.61.
IC 4-35-4-13.2 Model power of attorney
Sec. 13.2. The executive director shall establish a model power of
attorney setting forth the terms and conditions under which a trustee
may conduct gambling games at a racetrack under IC 4-35-12. The
executive director may provide a copy of the model power of
attorney to any interested party. As added by P.L.142-2009, SEC.19.
IC 4-35-4-14 Appointment of temporary trustee
Sec. 14. (a) The commission may appoint a temporary trustee for
a particular slot machine facility at a racetrack if the commission
makes the following findings:
(1) That circumstances requiring a trustee to assume control of
the slot machine facility are likely to occur.
(2) That the commission has not approved a power of attorney
identifying any other person to serve as the trustee for the slot
machine facility.
(3) That there is not enough time to consider and approve a
power of attorney with respect to the slot machine facility
before the circumstances found likely to occur under
subdivision (1) will occur.
(b) A person appointed under this section must be qualified to
perform any duty described in this section or IC 4-35-12.
(c) A trustee appointed by the commission under this section shall
serve until any of the following occur:
(1) The commission adopts a resolution under IC 4-35-12-3
authorizing a trustee appointed in an approved power of
attorney submitted by the permit holder to conduct gambling
games under IC 4-35-12.
(2) The commission revokes the trustee's authority to conduct
gambling games as provided by IC 4-35-12-12.
(3) A new permit holder assumes control of the racetrack, slot
machine facility, and related properties.
(d) A trustee appointed by the commission under this section shall
exercise the trustee's powers in accordance with:
(1) the model power of attorney established by the executive
director under section 13.2 of this chapter; and
(2) IC 4-35-12. As added by P.L.142-2009, SEC.20.
IC 4-35-4-15 Civil penalties for violations concerning a power of attorney
Sec. 15. The commission may impose a civil penalty upon a
person who:
(1) fails to submit a power of attorney before the deadline
specified in IC 4-35-5-9;
(2) fails to take any corrective action required by the
commission with respect to a power of attorney submitted under
IC 4-35-5-9; or
(3) violates any provision of this article concerning the
submission of a power of attorney identifying the person who
would serve as a trustee under the power of attorney. As added by P.L.142-2009, SEC.21.
IC 4-35-4-16 Withholding delinquent child support from winnings; fee; notice;
priority of order over other claims
Sec. 16. (a) The bureau shall provide information to a permit
holder or trustee concerning persons who are delinquent in child
support.
(b) If a permit holder or trustee is required to file Form W-2G or
a substantially equivalent form with the United States Internal
Revenue Service for a person who is delinquent in child support,
before payment of cash winnings from gambling games, the permit
holder or trustee:
(1) may deduct and retain an administrative fee in the amount
of the lesser of:
(A) three percent (3%) of the amount of delinquent child
support withheld under subdivision (2)(A); or
(B) one hundred dollars ($100); and
(2) shall:
(A) withhold the amount of delinquent child support owed
from the cash winnings;
(B) transmit to the bureau:
(i) the amount withheld for delinquent child support; and
(ii) identifying information, including the full name,
address, and Social Security number of the obligor and the
child support case identifier, the date and amount of the
payment, and the name and location of the permit holder
or trustee; and
(C) issue the obligor a receipt in a form prescribed by the
bureau with the total amount withheld for delinquent child
support and the administrative fee.
(c) The bureau shall notify the obligor at the address provided by
the permit holder or trustee that the bureau intends to offset the
obligor's delinquent child support with the cash winnings.
(d) The bureau shall hold the amount withheld from cash
winnings of the obligor for ten (10) business days before applying
the amount as payment to the obligor's delinquent child support.
(e) The delinquent child support required to be withheld under
this section and an administrative fee described under subsection
(b)(1) have priority over any secured or unsecured claim on cash
winnings except claims for federal or state taxes that are required to
be withheld under federal or state law. As added by P.L.80-2010, SEC.6.
IC 4-35-4
Chapter 4. Powers and Duties of the Indiana Gaming Commission
IC 4-35-4-1 Administration, regulation, and enforcement of slot machine
wagering at racetracks
Sec. 1. (a) The commission shall regulate and administer
gambling games conducted by a licensee under this article.
(b) The commission has the following powers and duties for the
purpose of administering, regulating, and enforcing the system of
gambling games at racetracks authorized under this article:
(1) All powers and duties specified in this article.
(2) All powers necessary and proper to fully and effectively
execute this article.
(3) Jurisdiction and supervision over the following:
(A) All gambling game operations in Indiana.
(B) All persons at racetracks where gambling games are
conducted.
(4) The power to investigate and reinvestigate applicants and
licensees and determine the eligibility of applicants for licenses.
(5) The power to take appropriate administrative enforcement
or disciplinary action against a licensee.
(6) The power to investigate alleged violations of this article.
(7) The power to conduct hearings.
(8) The power to issue subpoenas for the attendance of
witnesses and subpoenas duces tecum for the production of
books, records, and other relevant documents.
(9) The power to administer oaths and affirmations to the
witnesses.
(10) The power to prescribe forms to be used by licensees.
(11) The power to revoke, suspend, or renew licenses issued
under this article.
(12) The power to hire employees to gather information,
conduct investigations, and carry out other tasks under this
article. The employees hired by the commission under this
article may be the same as the commission's employees hired
under IC 4-32.2 or IC 4-33.
(13) The power to take any reasonable or appropriate action to
enforce this article.
(c) The commission may by resolution assign to the executive
director any duty imposed upon the commission by this article.
(d) The executive director shall perform the duties assigned to the
executive director by the commission. The executive director may
exercise any power conferred upon the commission by this article
that is consistent with the duties assigned to the executive director
under subsection (c). As added by P.L.233-2007, SEC.21.
IC 4-35-4-2 Rules; violations; fees and penalties; voluntary exclusion program
Sec. 2. (a) The commission shall do the following:
(1) Adopt rules under IC 4-22-2 that the commission determines
are necessary to protect or enhance the following:
(A) The credibility and integrity of gambling games
authorized under this article.
(B) The regulatory process provided in this article.
(2) Conduct all hearings concerning civil violations of this
article.
(3) Provide for the establishment and collection of license fees
imposed under this article, and deposit the license fees in the
state general fund.
(4) Levy and collect penalties for noncriminal violations of this
article and deposit the penalties in the state general fund.
(5) Approve the design, appearance, aesthetics, and
construction of slot machine facilities authorized under this
article.
(6) Adopt emergency rules under IC 4-22-2-37.1 if the
commission determines that:
(A) the need for a rule is so immediate and substantial that
rulemaking procedures under IC 4-22-2-13 through
IC 4-22-2-36 are inadequate to address the need; and
(B) an emergency rule is likely to address the need.
(7) Adopt rules to establish and implement a voluntary
exclusion program that meets the requirements of subsection
(c).
(8) Establish the requirements for a power of attorney submitted
under IC 4-35-5-9.
(b) The commission shall begin rulemaking procedures under
IC 4-22-2-13 through IC 4-22-2-36 to adopt an emergency rule
adopted under subsection (a)(6) not later than thirty (30) days after
the adoption of the emergency rule under subsection (a)(6).
(c) Rules adopted under subsection (a)(7) must provide the
following:
(1) Except as provided by rule of the commission, a person who
participates in the voluntary exclusion program agrees to refrain
from entering a facility at which gambling games are conducted
or another facility under the jurisdiction of the commission.
(2) That the name of a person participating in the program will
be included on a list of persons excluded from all facilities
under the jurisdiction of the commission.
(3) Except as provided by rule of the commission, a person who
participates in the voluntary exclusion program may not petition
the commission for readmittance to a facility under the
jurisdiction of the commission.
(4) That the list of patrons entering the voluntary exclusion
program and the personal information of the participants are
confidential and may only be disseminated by the commission
to the owner or operator of a facility under the jurisdiction of
the commission for purposes of enforcement and to other
entities, upon request by the participant and agreement by the
commission.
(5) That an owner of a facility under the jurisdiction of the
commission shall make all reasonable attempts as determined
by the commission to cease all direct marketing efforts to a
person participating in the program.
(6) That an owner of a facility under the jurisdiction of the
commission may not cash the check of a person participating in
the program or extend credit to the person in any manner.
However, the voluntary exclusion program does not preclude an
owner from seeking the payment of a debt accrued by a person
before entering the program. As added by P.L.233-2007, SEC.21. Amended by P.L.142-2009,
SEC.18.
IC 4-35-4-3 Rules
Sec. 3. The commission shall adopt rules under IC 4-22-2 for the
following purposes:
(1) Administering this article.
(2) Establishing the conditions under which gambling games at
racetracks may be conducted.
(3) Providing for the prevention of practices detrimental to the
public interest.
(4) Establishing rules concerning the inspection of gambling
game facilities at racetracks and the review of the licenses
necessary to conduct gambling games under this article.
(5) Imposing penalties for noncriminal violations of this article. As added by P.L.233-2007, SEC.21.
IC 4-35-4-4 Gaming agent duties
Sec. 4. The commission shall be present through the commission's
gaming agents during the time gambling games are being conducted
at a racetrack to do the following:
(1) Certify the revenue received by a racetrack from gambling
games.
(2) Receive complaints from the public concerning the
operation of gambling games.
(3) Conduct other investigations into the conduct of the
gambling games and the maintenance of the equipment that the
commission considers necessary and proper. As added by P.L.233-2007, SEC.21.
IC 4-35-4-5 Reimbursement for gaming agent expenses
Sec. 5. The commission shall employ gaming agents to perform
duties imposed by this article. A licensee shall, under rules adopted
by the commission under IC 4-22-2, reimburse the commission for:
(1) training expenses incurred to train gaming agents;
(2) salaries and other expenses of staff required to support the
gaming agents; and
(3) salaries and other expenses of the gaming agents required to
be present during the time gambling games are being conducted
at a racetrack. As added by P.L.233-2007, SEC.21.
IC 4-35-4-6 Contract with Indiana horse racing commission authorized
Sec. 6. The commission may enter into a contract with the Indiana
horse racing commission for the provision of services necessary to
administer this article. As added by P.L.233-2007, SEC.21.
IC 4-35-4-7 Licensing standards for occupations and slot machines
Sec. 7. (a) The commission shall adopt standards for the licensing
of the following:
(1) Persons regulated under this article.
(2) Slot machines used in gambling games.
(b) Where applicable, 68 IAC applies to racetracks conducting
gambling games under this article. As added by P.L.233-2007, SEC.21.
IC 4-35-4-8 Records of licensee
Sec. 8. The commission shall require that the records, including
financial statements, of a licensee must be maintained in the manner
prescribed by the commission. As added by P.L.233-2007, SEC.21.
IC 4-35-4-9 Ejection or exclusion from facilities
Sec. 9. (a) The commission may eject or exclude or authorize the
ejection or exclusion of a person from a facility at which gambling
games are conducted if:
(1) the person's name is on the list of persons voluntarily
excluding themselves from all facilities at which gambling
games are conducted in a program established under the rules
of the commission;
(2) the person violates this article; or
(3) the commission determines that the person's conduct or
reputation is such that the person's presence within a facility at
which gambling games are conducted may:
(A) call into question the honesty and integrity of the
gambling games at racetracks; or
(B) interfere with the orderly conduct of the gambling games
at racetracks.
(b) A person, other than a person participating in a voluntary
exclusion program, may petition the commission for a hearing on the
person's ejection or exclusion under this section.
As added by P.L.233-2007, SEC.21.
IC 4-35-4-10 Violations of article; fraudulent acts
Sec. 10. If a licensee or an employee of a licensee violates this
article or engages in a fraudulent act, the commission may do any
combination of the following:
(1) Suspend, revoke, or restrict the license of the licensee.
(2) Require the removal of a licensee or an employee of a
licensee.
(3) Impose a civil penalty of not more than the greater of:
(A) ten thousand dollars ($10,000); or
(B) an amount equal to the licensee's daily gross receipts for
the day of the violation;
against a licensee for each violation of this article.
(4) Impose a civil penalty of not more than twenty-five
thousand dollars ($25,000) against a person who has been
issued a supplier's license for each violation of this article. As added by P.L.233-2007, SEC.21.
IC 4-35-4-11 Investigative procedures; complaints
Sec. 11. (a) The commission shall review and make a
determination on a complaint by a licensee concerning an
investigative procedure that the licensee alleges is unnecessarily
disruptive of gambling games at racetracks.
(b) A licensee filing a complaint under this section must prove all
of the following by clear and convincing evidence:
(1) The investigative procedure had no reasonable law
enforcement purpose.
(2) The investigative procedure was so disruptive as to
unreasonably inhibit gambling games at racetracks.
(c) For purposes of this section, the need to inspect and
investigate a licensee shall be presumed at all times. As added by P.L.233-2007, SEC.21.
IC 4-35-4-12 Display of toll free telephone number
Sec. 12. (a) The commission shall require a licensee to
conspicuously display the number of the toll free telephone line
described in IC 4-33-12-6 in the following locations:
(1) On each admission ticket to a facility at which gambling
games are conducted, if tickets are issued.
(2) On a poster or placard that is on display in a public area of
each facility at which gambling games at racetracks are
conducted.
(b) The commission may adopt rules under IC 4-22-2 necessary
to carry out this section. As added by P.L.233-2007, SEC.21. IC 4-35-4-13 Prohibition of fee for proposed transfer of ownership
Sec. 13. The commission may not do the following:
(1) Impose, charge, or collect by rule a fee that is not authorized
by this article on any party to a proposed transfer of an
ownership interest in a license issued under IC 4-35-5.
(2) Make the commission's approval of a proposed transfer of
an ownership interest in a license issued under IC 4-35-5
contingent upon the payment of any amount that is not
authorized by this article. As added by P.L.182-2009(ss), SEC.61.
IC 4-35-4-13.2 Model power of attorney
Sec. 13.2. The executive director shall establish a model power of
attorney setting forth the terms and conditions under which a trustee
may conduct gambling games at a racetrack under IC 4-35-12. The
executive director may provide a copy of the model power of
attorney to any interested party. As added by P.L.142-2009, SEC.19.
IC 4-35-4-14 Appointment of temporary trustee
Sec. 14. (a) The commission may appoint a temporary trustee for
a particular slot machine facility at a racetrack if the commission
makes the following findings:
(1) That circumstances requiring a trustee to assume control of
the slot machine facility are likely to occur.
(2) That the commission has not approved a power of attorney
identifying any other person to serve as the trustee for the slot
machine facility.
(3) That there is not enough time to consider and approve a
power of attorney with respect to the slot machine facility
before the circumstances found likely to occur under
subdivision (1) will occur.
(b) A person appointed under this section must be qualified to
perform any duty described in this section or IC 4-35-12.
(c) A trustee appointed by the commission under this section shall
serve until any of the following occur:
(1) The commission adopts a resolution under IC 4-35-12-3
authorizing a trustee appointed in an approved power of
attorney submitted by the permit holder to conduct gambling
games under IC 4-35-12.
(2) The commission revokes the trustee's authority to conduct
gambling games as provided by IC 4-35-12-12.
(3) A new permit holder assumes control of the racetrack, slot
machine facility, and related properties.
(d) A trustee appointed by the commission under this section shall
exercise the trustee's powers in accordance with:
(1) the model power of attorney established by the executive
director under section 13.2 of this chapter; and
(2) IC 4-35-12. As added by P.L.142-2009, SEC.20.
IC 4-35-4-15 Civil penalties for violations concerning a power of attorney
Sec. 15. The commission may impose a civil penalty upon a
person who:
(1) fails to submit a power of attorney before the deadline
specified in IC 4-35-5-9;
(2) fails to take any corrective action required by the
commission with respect to a power of attorney submitted under
IC 4-35-5-9; or
(3) violates any provision of this article concerning the
submission of a power of attorney identifying the person who
would serve as a trustee under the power of attorney. As added by P.L.142-2009, SEC.21.
IC 4-35-4-16 Withholding delinquent child support from winnings; fee; notice;
priority of order over other claims
Sec. 16. (a) The bureau shall provide information to a permit
holder or trustee concerning persons who are delinquent in child
support.
(b) If a permit holder or trustee is required to file Form W-2G or
a substantially equivalent form with the United States Internal
Revenue Service for a person who is delinquent in child support,
before payment of cash winnings from gambling games, the permit
holder or trustee:
(1) may deduct and retain an administrative fee in the amount
of the lesser of:
(A) three percent (3%) of the amount of delinquent child
support withheld under subdivision (2)(A); or
(B) one hundred dollars ($100); and
(2) shall:
(A) withhold the amount of delinquent child support owed
from the cash winnings;
(B) transmit to the bureau:
(i) the amount withheld for delinquent child support; and
(ii) identifying information, including the full name,
address, and Social Security number of the obligor and the
child support case identifier, the date and amount of the
payment, and the name and location of the permit holder
or trustee; and
(C) issue the obligor a receipt in a form prescribed by the
bureau with the total amount withheld for delinquent child
support and the administrative fee.
(c) The bureau shall notify the obligor at the address provided by
the permit holder or trustee that the bureau intends to offset the
obligor's delinquent child support with the cash winnings.
(d) The bureau shall hold the amount withheld from cash
winnings of the obligor for ten (10) business days before applying
the amount as payment to the obligor's delinquent child support.
(e) The delinquent child support required to be withheld under
this section and an administrative fee described under subsection
(b)(1) have priority over any secured or unsecured claim on cash
winnings except claims for federal or state taxes that are required to
be withheld under federal or state law. As added by P.L.80-2010, SEC.6.
IC 4-35-4
Chapter 4. Powers and Duties of the Indiana Gaming Commission
IC 4-35-4-1 Administration, regulation, and enforcement of slot machine
wagering at racetracks
Sec. 1. (a) The commission shall regulate and administer
gambling games conducted by a licensee under this article.
(b) The commission has the following powers and duties for the
purpose of administering, regulating, and enforcing the system of
gambling games at racetracks authorized under this article:
(1) All powers and duties specified in this article.
(2) All powers necessary and proper to fully and effectively
execute this article.
(3) Jurisdiction and supervision over the following:
(A) All gambling game operations in Indiana.
(B) All persons at racetracks where gambling games are
conducted.
(4) The power to investigate and reinvestigate applicants and
licensees and determine the eligibility of applicants for licenses.
(5) The power to take appropriate administrative enforcement
or disciplinary action against a licensee.
(6) The power to investigate alleged violations of this article.
(7) The power to conduct hearings.
(8) The power to issue subpoenas for the attendance of
witnesses and subpoenas duces tecum for the production of
books, records, and other relevant documents.
(9) The power to administer oaths and affirmations to the
witnesses.
(10) The power to prescribe forms to be used by licensees.
(11) The power to revoke, suspend, or renew licenses issued
under this article.
(12) The power to hire employees to gather information,
conduct investigations, and carry out other tasks under this
article. The employees hired by the commission under this
article may be the same as the commission's employees hired
under IC 4-32.2 or IC 4-33.
(13) The power to take any reasonable or appropriate action to
enforce this article.
(c) The commission may by resolution assign to the executive
director any duty imposed upon the commission by this article.
(d) The executive director shall perform the duties assigned to the
executive director by the commission. The executive director may
exercise any power conferred upon the commission by this article
that is consistent with the duties assigned to the executive director
under subsection (c). As added by P.L.233-2007, SEC.21.
IC 4-35-4-2 Rules; violations; fees and penalties; voluntary exclusion program
Sec. 2. (a) The commission shall do the following:
(1) Adopt rules under IC 4-22-2 that the commission determines
are necessary to protect or enhance the following:
(A) The credibility and integrity of gambling games
authorized under this article.
(B) The regulatory process provided in this article.
(2) Conduct all hearings concerning civil violations of this
article.
(3) Provide for the establishment and collection of license fees
imposed under this article, and deposit the license fees in the
state general fund.
(4) Levy and collect penalties for noncriminal violations of this
article and deposit the penalties in the state general fund.
(5) Approve the design, appearance, aesthetics, and
construction of slot machine facilities authorized under this
article.
(6) Adopt emergency rules under IC 4-22-2-37.1 if the
commission determines that:
(A) the need for a rule is so immediate and substantial that
rulemaking procedures under IC 4-22-2-13 through
IC 4-22-2-36 are inadequate to address the need; and
(B) an emergency rule is likely to address the need.
(7) Adopt rules to establish and implement a voluntary
exclusion program that meets the requirements of subsection
(c).
(8) Establish the requirements for a power of attorney submitted
under IC 4-35-5-9.
(b) The commission shall begin rulemaking procedures under
IC 4-22-2-13 through IC 4-22-2-36 to adopt an emergency rule
adopted under subsection (a)(6) not later than thirty (30) days after
the adoption of the emergency rule under subsection (a)(6).
(c) Rules adopted under subsection (a)(7) must provide the
following:
(1) Except as provided by rule of the commission, a person who
participates in the voluntary exclusion program agrees to refrain
from entering a facility at which gambling games are conducted
or another facility under the jurisdiction of the commission.
(2) That the name of a person participating in the program will
be included on a list of persons excluded from all facilities
under the jurisdiction of the commission.
(3) Except as provided by rule of the commission, a person who
participates in the voluntary exclusion program may not petition
the commission for readmittance to a facility under the
jurisdiction of the commission.
(4) That the list of patrons entering the voluntary exclusion
program and the personal information of the participants are
confidential and may only be disseminated by the commission
to the owner or operator of a facility under the jurisdiction of
the commission for purposes of enforcement and to other
entities, upon request by the participant and agreement by the
commission.
(5) That an owner of a facility under the jurisdiction of the
commission shall make all reasonable attempts as determined
by the commission to cease all direct marketing efforts to a
person participating in the program.
(6) That an owner of a facility under the jurisdiction of the
commission may not cash the check of a person participating in
the program or extend credit to the person in any manner.
However, the voluntary exclusion program does not preclude an
owner from seeking the payment of a debt accrued by a person
before entering the program. As added by P.L.233-2007, SEC.21. Amended by P.L.142-2009,
SEC.18.
IC 4-35-4-3 Rules
Sec. 3. The commission shall adopt rules under IC 4-22-2 for the
following purposes:
(1) Administering this article.
(2) Establishing the conditions under which gambling games at
racetracks may be conducted.
(3) Providing for the prevention of practices detrimental to the
public interest.
(4) Establishing rules concerning the inspection of gambling
game facilities at racetracks and the review of the licenses
necessary to conduct gambling games under this article.
(5) Imposing penalties for noncriminal violations of this article. As added by P.L.233-2007, SEC.21.
IC 4-35-4-4 Gaming agent duties
Sec. 4. The commission shall be present through the commission's
gaming agents during the time gambling games are being conducted
at a racetrack to do the following:
(1) Certify the revenue received by a racetrack from gambling
games.
(2) Receive complaints from the public concerning the
operation of gambling games.
(3) Conduct other investigations into the conduct of the
gambling games and the maintenance of the equipment that the
commission considers necessary and proper. As added by P.L.233-2007, SEC.21.
IC 4-35-4-5 Reimbursement for gaming agent expenses
Sec. 5. The commission shall employ gaming agents to perform
duties imposed by this article. A licensee shall, under rules adopted
by the commission under IC 4-22-2, reimburse the commission for:
(1) training expenses incurred to train gaming agents;
(2) salaries and other expenses of staff required to support the
gaming agents; and
(3) salaries and other expenses of the gaming agents required to
be present during the time gambling games are being conducted
at a racetrack. As added by P.L.233-2007, SEC.21.
IC 4-35-4-6 Contract with Indiana horse racing commission authorized
Sec. 6. The commission may enter into a contract with the Indiana
horse racing commission for the provision of services necessary to
administer this article. As added by P.L.233-2007, SEC.21.
IC 4-35-4-7 Licensing standards for occupations and slot machines
Sec. 7. (a) The commission shall adopt standards for the licensing
of the following:
(1) Persons regulated under this article.
(2) Slot machines used in gambling games.
(b) Where applicable, 68 IAC applies to racetracks conducting
gambling games under this article. As added by P.L.233-2007, SEC.21.
IC 4-35-4-8 Records of licensee
Sec. 8. The commission shall require that the records, including
financial statements, of a licensee must be maintained in the manner
prescribed by the commission. As added by P.L.233-2007, SEC.21.
IC 4-35-4-9 Ejection or exclusion from facilities
Sec. 9. (a) The commission may eject or exclude or authorize the
ejection or exclusion of a person from a facility at which gambling
games are conducted if:
(1) the person's name is on the list of persons voluntarily
excluding themselves from all facilities at which gambling
games are conducted in a program established under the rules
of the commission;
(2) the person violates this article; or
(3) the commission determines that the person's conduct or
reputation is such that the person's presence within a facility at
which gambling games are conducted may:
(A) call into question the honesty and integrity of the
gambling games at racetracks; or
(B) interfere with the orderly conduct of the gambling games
at racetracks.
(b) A person, other than a person participating in a voluntary
exclusion program, may petition the commission for a hearing on the
person's ejection or exclusion under this section.
As added by P.L.233-2007, SEC.21.
IC 4-35-4-10 Violations of article; fraudulent acts
Sec. 10. If a licensee or an employee of a licensee violates this
article or engages in a fraudulent act, the commission may do any
combination of the following:
(1) Suspend, revoke, or restrict the license of the licensee.
(2) Require the removal of a licensee or an employee of a
licensee.
(3) Impose a civil penalty of not more than the greater of:
(A) ten thousand dollars ($10,000); or
(B) an amount equal to the licensee's daily gross receipts for
the day of the violation;
against a licensee for each violation of this article.
(4) Impose a civil penalty of not more than twenty-five
thousand dollars ($25,000) against a person who has been
issued a supplier's license for each violation of this article. As added by P.L.233-2007, SEC.21.
IC 4-35-4-11 Investigative procedures; complaints
Sec. 11. (a) The commission shall review and make a
determination on a complaint by a licensee concerning an
investigative procedure that the licensee alleges is unnecessarily
disruptive of gambling games at racetracks.
(b) A licensee filing a complaint under this section must prove all
of the following by clear and convincing evidence:
(1) The investigative procedure had no reasonable law
enforcement purpose.
(2) The investigative procedure was so disruptive as to
unreasonably inhibit gambling games at racetracks.
(c) For purposes of this section, the need to inspect and
investigate a licensee shall be presumed at all times. As added by P.L.233-2007, SEC.21.
IC 4-35-4-12 Display of toll free telephone number
Sec. 12. (a) The commission shall require a licensee to
conspicuously display the number of the toll free telephone line
described in IC 4-33-12-6 in the following locations:
(1) On each admission ticket to a facility at which gambling
games are conducted, if tickets are issued.
(2) On a poster or placard that is on display in a public area of
each facility at which gambling games at racetracks are
conducted.
(b) The commission may adopt rules under IC 4-22-2 necessary
to carry out this section. As added by P.L.233-2007, SEC.21. IC 4-35-4-13 Prohibition of fee for proposed transfer of ownership
Sec. 13. The commission may not do the following:
(1) Impose, charge, or collect by rule a fee that is not authorized
by this article on any party to a proposed transfer of an
ownership interest in a license issued under IC 4-35-5.
(2) Make the commission's approval of a proposed transfer of
an ownership interest in a license issued under IC 4-35-5
contingent upon the payment of any amount that is not
authorized by this article. As added by P.L.182-2009(ss), SEC.61.
IC 4-35-4-13.2 Model power of attorney
Sec. 13.2. The executive director shall establish a model power of
attorney setting forth the terms and conditions under which a trustee
may conduct gambling games at a racetrack under IC 4-35-12. The
executive director may provide a copy of the model power of
attorney to any interested party. As added by P.L.142-2009, SEC.19.
IC 4-35-4-14 Appointment of temporary trustee
Sec. 14. (a) The commission may appoint a temporary trustee for
a particular slot machine facility at a racetrack if the commission
makes the following findings:
(1) That circumstances requiring a trustee to assume control of
the slot machine facility are likely to occur.
(2) That the commission has not approved a power of attorney
identifying any other person to serve as the trustee for the slot
machine facility.
(3) That there is not enough time to consider and approve a
power of attorney with respect to the slot machine facility
before the circumstances found likely to occur under
subdivision (1) will occur.
(b) A person appointed under this section must be qualified to
perform any duty described in this section or IC 4-35-12.
(c) A trustee appointed by the commission under this section shall
serve until any of the following occur:
(1) The commission adopts a resolution under IC 4-35-12-3
authorizing a trustee appointed in an approved power of
attorney submitted by the permit holder to conduct gambling
games under IC 4-35-12.
(2) The commission revokes the trustee's authority to conduct
gambling games as provided by IC 4-35-12-12.
(3) A new permit holder assumes control of the racetrack, slot
machine facility, and related properties.
(d) A trustee appointed by the commission under this section shall
exercise the trustee's powers in accordance with:
(1) the model power of attorney established by the executive
director under section 13.2 of this chapter; and
(2) IC 4-35-12. As added by P.L.142-2009, SEC.20.
IC 4-35-4-15 Civil penalties for violations concerning a power of attorney
Sec. 15. The commission may impose a civil penalty upon a
person who:
(1) fails to submit a power of attorney before the deadline
specified in IC 4-35-5-9;
(2) fails to take any corrective action required by the
commission with respect to a power of attorney submitted under
IC 4-35-5-9; or
(3) violates any provision of this article concerning the
submission of a power of attorney identifying the person who
would serve as a trustee under the power of attorney. As added by P.L.142-2009, SEC.21.
IC 4-35-4-16 Withholding delinquent child support from winnings; fee; notice;
priority of order over other claims
Sec. 16. (a) The bureau shall provide information to a permit
holder or trustee concerning persons who are delinquent in child
support.
(b) If a permit holder or trustee is required to file Form W-2G or
a substantially equivalent form with the United States Internal
Revenue Service for a person who is delinquent in child support,
before payment of cash winnings from gambling games, the permit
holder or trustee:
(1) may deduct and retain an administrative fee in the amount
of the lesser of:
(A) three percent (3%) of the amount of delinquent child
support withheld under subdivision (2)(A); or
(B) one hundred dollars ($100); and
(2) shall:
(A) withhold the amount of delinquent child support owed
from the cash winnings;
(B) transmit to the bureau:
(i) the amount withheld for delinquent child support; and
(ii) identifying information, including the full name,
address, and Social Security number of the obligor and the
child support case identifier, the date and amount of the
payment, and the name and location of the permit holder
or trustee; and
(C) issue the obligor a receipt in a form prescribed by the
bureau with the total amount withheld for delinquent child
support and the administrative fee.
(c) The bureau shall notify the obligor at the address provided by
the permit holder or trustee that the bureau intends to offset the
obligor's delinquent child support with the cash winnings.
(d) The bureau shall hold the amount withheld from cash
winnings of the obligor for ten (10) business days before applying
the amount as payment to the obligor's delinquent child support.
(e) The delinquent child support required to be withheld under
this section and an administrative fee described under subsection
(b)(1) have priority over any secured or unsecured claim on cash
winnings except claims for federal or state taxes that are required to
be withheld under federal or state law. As added by P.L.80-2010, SEC.6.
