reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 4. State Offices and Administration › Article 37. State Museum and Historic Sites › Chapter 3. Members and Organization › 4-37-3-1. Board; Members; Criteria

Sec. 1. The corporation is governed by a board of trustees that consists of the following members:
(1) Thirteen (13) persons appointed by the governor who are voting members. The governor's appointments under this subdivision must meet the following criteria:
(A) Each member must be a resident of Indiana.
(B) Not more than two (2) members may reside in the same county.
(C) At least one (1) member must be a recognized supporter of historic sites.
(D) Not more than seven (7) members may be from the same political party.
(2) One (1) person who is appointed at-large by the governor and who is a voting member. The member appointed under this subdivision must be a resident of Indiana but may reside in any county.
(3) Twelve (12) persons appointed by the board who are voting members. The board's appointments under this subdivision must meet the following criteria:
(A) Each member must be a resident of Indiana.
(B) Not more than two (2) members may reside in the same county.
(C) At least one (1) member must be a recognized supporter of historic sites.
(D) Not more than six (6) members may be from the same political party.
(4) One (1) person who is appointed at-large by the board and who is a voting member. The member appointed under this subdivision must be a resident of Indiana but may reside in any county.
(5) The following persons serve as nonvoting members of the board:
(A) The chief executive officer.
(B) The governor or the governor's designee.
(C) One (1) member of the house of representatives appointed by the chairman of the legislative council.
(D) One (1) member of the senate appointed by the chairman of the legislative council.
(E) The director of the department of natural resources or the director's designee.
The members appointed under clauses (C) and (D) must be from different political parties and serve at the pleasure of the chairman of the legislative council.
As added by P.L.167-2011, SEC.1. Amended by P.L.189-2018, SEC.17.
2023 Indiana Code › Title 4. State Offices and Administration › Article 37. State Museum and Historic Sites › Chapter 3. Members and Organization › 4-37-3-2. Term; Reappointment; Vacancy

Sec. 2. (a) The members appointed in section 1 of this chapter:
(1) begin their terms July 1;
(2) shall serve for terms of three (3) years; and
(3) may be reappointed or replaced by the appointing authority, but may not serve more than three (3) consecutive terms.
(b) A member appointed under this section to fill a vacancy shall fill the vacancy for the remainder of the unexpired term.
(c) Each member shall continue to serve until the member's successor is appointed and qualified.
As added by P.L.167-2011, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 37. State Museum and Historic Sites › Chapter 3. Members and Organization › 4-37-3-3. Chair; Board Officers

Sec. 3. (a) The governor shall appoint the chair of the board, who shall serve for a one (1) year term or until the governor appoints a successor.
(b) The board shall elect a vice chair, secretary, and treasurer for a term of two (2) years each.
As added by P.L.167-2011, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 37. State Museum and Historic Sites › Chapter 3. Members and Organization › 4-37-3-4. Quorum; Procedures

Sec. 4. (a) A majority of the current members serving on the board constitutes a quorum.
(b) The board shall adopt bylaws establishing procedures for the board.
As added by P.L.167-2011, SEC.1. Amended by P.L.125-2016, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 37. State Museum and Historic Sites › Chapter 3. Members and Organization › 4-37-3-5. Board Liability

Sec. 5. Board members are not liable in an individual capacity for any act done or omitted in connection with the performance of duties under this article. This section does not apply to an act or omission that constitutes gross negligence or willful misconduct.
As added by P.L.167-2011, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 37. State Museum and Historic Sites › Chapter 3. Members and Organization › 4-37-3-6. Per Diem; Expenses

Sec. 6. (a) Each member of the board who is not a state employee is entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). The member is also entitled to reimbursement for traveling expenses as provided under IC 4-13-1-4 and for other expenses actually incurred in connection with the member's duties as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.
(b) Each member of the board who is a state employee but who is not a member of the general assembly is entitled to reimbursement for traveling expenses as provided under IC 4-13-1-4 and for other expenses actually incurred in connection with the member's duties as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.
(c) Each member of the board who is a member of the general assembly is entitled to receive the same per diem, mileage, and travel allowances paid to legislative members of interim study committees established by the legislative council. Per diem, mileage, and travel allowances paid under this subsection shall be paid from appropriations made to the legislative council or the legislative services agency.
As added by P.L.167-2011, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 37. State Museum and Historic Sites › Chapter 4. General Powers, Duties, and Exemptions › 4-37-4-1. Title to Property

Sec. 1. The title to the following shall be held in the name of the state of Indiana:
(1) Property constituting the state museums, except to the extent that the property is subject to a use and occupancy agreement between the Indiana finance authority and the Indiana department of administration.
(2) Property acquired by the board.
As added by P.L.167-2011, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 37. State Museum and Historic Sites › Chapter 4. General Powers, Duties, and Exemptions › 4-37-4-2. Duties

Sec. 2. The board shall do the following:
(1) Operate and administer the state museums.
(2) Maintain accreditation of the state museums.
(3) Collect, preserve, display, and interpret artifacts and materials reflecting the cultural and natural history of Indiana.
(4) Prepare and maintain a statewide inventory of the artifacts and materials described in subdivision (3).
(5) Uphold the highest professional and ethical standards, as adopted by the American Association of Museums.
As added by P.L.167-2011, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 37. State Museum and Historic Sites › Chapter 4. General Powers, Duties, and Exemptions › 4-37-4-3. Authorized Powers

Sec. 3. The board may do the following:
(1) Do any and all acts and things necessary, proper, or convenient to carry out this article.
(2) Hold meetings under IC 5-14-1.5 at the times and places in Indiana that are prescribed by the board's bylaws.
(3) Adopt an official seal.
(4) Adopt bylaws.
(5) Make and execute contracts and other instruments necessary or convenient to the exercise of the board's powers.
(6) Acquire by grant, purchase, gift, devise, or lease or otherwise and hold, use, sell, lease, manage, operate, clear, improve, encumber, transfer, convey, exchange, or dispose of the following:
(A) Real and personal property and any interest in real or personal property.
(B) Facilities.
(C) Money or stocks.
(D) Any right or interest necessary or useful for carrying out the board's powers and duties under this article.
(7) Procure insurance against any loss in connection with the board's operations.
(8) Enter into contractual or other arrangements with the Indiana department of administration in connection with the financing of the state museums under IC 4-13.5.
(9) Notwithstanding IC 4-13.5-4-5 (before its repeal), allocate space in museums financed by the Indiana finance authority under IC 4-13.5.
(10) Fix and collect rents, admission charges, fees, tolls, and other user charges for:
(A) the state museums;
(B) restaurants;
(C) other facilities; and
(D) programs, lectures, classes, tours, and trips.
(11) Maintain shops and restaurants on property that the board manages and at other locations and employ or contract with persons to manage the shops and restaurants.
(12) Make or sell the following:
(A) Pictures, models, books, and other representations of the museum and its artifacts and exhibits.
(B) Souvenirs, crafts, art, videotapes, digital video discs, and other merchandise.
(13) Pay royalties, license fees, or charges for exhibits, artifacts, artwork, or materials.
(14) Own copyrights, trademarks, and service marks and enforce the board's rights with respect to ownership.
(15) Conduct market research concerning the state museums.
(16) Adopt rules under IC 4-22-2 to carry out the purposes of this article.
As added by P.L.167-2011, SEC.1. Amended by P.L.189-2018, SEC.18.
2023 Indiana Code › Title 4. State Offices and Administration › Article 37. State Museum and Historic Sites › Chapter 4. General Powers, Duties, and Exemptions › 4-37-4-4. Historic Property; Acceptance; Disposition

Sec. 4. (a) The board may accept or refuse to accept an offered gift of historic property to be administered by the board.
(b) Notwithstanding IC 4-20.5-7 and IC 5-22-22, the board may improve, encumber, sell, lease, transfer, convey, or exchange historic property administered by the board.
(c) Notwithstanding IC 5-22-22, the board may, in accordance with the board's policies, sell, donate, or exchange artifacts in the state museums' collections to or with other public or nonprofit museums or historical societies.
(d) The board may by rule establish a procedure for evaluating the merits of proposals to:
(1) accept gifts of;
(2) sell;
(3) encumber;
(4) transfer;
(5) convey; or
(6) exchange;
artifacts or historic property.
(e) The board may donate or make short term loans of artifacts in the museums' collections to other:
(1) public or nonprofit museums; or
(2) historical societies.
As added by P.L.167-2011, SEC.1. Amended by P.L.166-2013, SEC.4.
2023 Indiana Code › Title 4. State Offices and Administration › Article 37. State Museum and Historic Sites › Chapter 4. General Powers, Duties, and Exemptions › 4-37-4-5. Property Tax Exemption

Sec. 5. The board is not required to pay any taxes or assessments upon any property acquired or used by the board under this article, or upon the income from the property.
As added by P.L.167-2011, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 37. State Museum and Historic Sites › Chapter 4. General Powers, Duties, and Exemptions › 4-37-4-6. Gross Sales Tax Exemption

Sec. 6. The board is exempt under IC 6-2.5-5-16 from the state gross retail tax for transactions involving tangible personal property, public utility commodities, and public utility service.
As added by P.L.167-2011, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 37. State Museum and Historic Sites › Chapter 4. General Powers, Duties, and Exemptions › 4-37-4-7. Advance Payment and Procurement Exemption

Sec. 7. The board is exempt from the following:
(1) The requirements of IC 4-13-2-20 prohibiting payment in advance.
(2) The procurement requirements under IC 5-22.
As added by P.L.167-2011, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 37. State Museum and Historic Sites › Chapter 4. General Powers, Duties, and Exemptions › 4-37-4-8. Chief Executive Officer Evaluation; Dismissal

Sec. 8. (a) The board shall annually evaluate the performance of the chief executive officer.
(b) Subject to approval by the governor, the board may dismiss the chief executive officer.
As added by P.L.167-2011, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 37. State Museum and Historic Sites › Chapter 5. Personnel Matters › 4-37-5-2. Board Duties

Sec. 2. The board shall do the following:
(1) Establish policies for the governance and management of the staffs of the state museums.
(2) Establish the rights and duties of corporation employees, including a pay scale and benefit package.
(3) Employ or contract with consultants, attorneys, or other persons as are required in the judgment of the board and pay compensation from funds available to the board.
As added by P.L.167-2011, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 37. State Museum and Historic Sites › Chapter 5. Personnel Matters › 4-37-5-3. Personnel System

Sec. 3. The board may develop a separate personnel system for employees of the corporation. The system may establish the rights, privileges, powers, and duties of the corporation employees, including pay scale and benefit package. If the board does not develop and adopt a personnel system, the employees of the corporation are subject to the state personnel system under IC 4-15-2.2. If the board does adopt a separate personnel system, the rules should mirror the state personnel rules as closely as possible.
As added by P.L.167-2011, SEC.1. Amended by P.L.6-2012, SEC.24.
2023 Indiana Code › Title 4. State Offices and Administration › Article 37. State Museum and Historic Sites › Chapter 5. Personnel Matters › 4-37-5-4. Retirement Fund; Insurance; Benefit Plans

Sec. 4. (a) The board shall adopt a resolution providing that the corporation's employees who are eligible to participate in the public employees' retirement fund under the eligibility requirements set forth in IC 5-10.2 and IC 5-10.3 shall participate in the fund.
(b) The board shall adopt a resolution to allow the corporation's employees to participate in group insurance and other benefit plans, including the state employees' deferred compensation plan, that are available to state employees.
As added by P.L.167-2011, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 37. State Museum and Historic Sites › Chapter 5. Personnel Matters › 4-37-5-5. Board's Oversight of Chief Executive Officer; Chief Executive Officer Responsibilities

Sec. 5. (a) The board may hire, fix the compensation of, review the performance of, and dismiss, subject to the governor's approval, a chief executive officer who:
(1) is the director of state museums;
(2) is the chief administrative officer of the corporation; and
(3) supervises and directs the work of the state museums' staffs and contractors.
(b) The chief executive officer may hire, fix the compensation of, review the performance of, and dismiss employees of the corporation.
As added by P.L.167-2011, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 37. State Museum and Historic Sites › Chapter 5. Personnel Matters › 4-37-5-6. Ethics Rules and Requirements

Sec. 6. The board and the employees of the corporation are:
(1) under the jurisdiction of and rules adopted by the state ethics commission; and
(2) subject to ethics rules and requirements that apply to the executive branch of state government.
However, the board may adopt additional ethics rules and requirements that are more stringent than those adopted by the state ethics commission.
As added by P.L.167-2011, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 37. State Museum and Historic Sites › Chapter 6. Budget, Finance, and Planning › 4-37-6-1. Presentation of Budget

Sec. 1. (a) The chief executive officer shall annually present to the board the needs and requests of the corporation and a proposed budget.
(b) The chief executive officer shall present the proposed biennial and board approved annual budget of the corporation to the governor. The proposed budget is subject to IC 4-12-1 if the proposed budget includes funding to be appropriated from the state general fund.
As added by P.L.167-2011, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 37. State Museum and Historic Sites › Chapter 7. State Museum and Historic Sites Development Fund › 4-37-7-2. Investments

Sec. 2. The corporation may invest the money in the fund not currently needed to meet the obligations of the fund in a manner consistent with IC 5-13-10. Interest earned on the investments shall be deposited in the corporation's funds.
As added by P.L.167-2011, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 37. State Museum and Historic Sites › Chapter 7. State Museum and Historic Sites Development Fund › 4-37-7-4. Purposes

Sec. 4. The corporation may spend the money in the fund for any purpose of the corporation that complies with this article, including the acquisition of real property and historical artifacts and specimens, construction of facilities, and betterments and improvements at historic sites.
As added by P.L.167-2011, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 37. State Museum and Historic Sites › Chapter 7. State Museum and Historic Sites Development Fund › 4-37-7-5. Deposits

Sec. 5. Except as provided in section 8 of this chapter, the following shall be deposited in the fund:
(1) Proceeds from admission and user fees.
(2) Sales at museum shops.
(3) Facility rentals.
(4) Restaurant sales.
(5) Any other income generated by the state museums.
(6) Gifts of money or the proceeds from the sale of gifts donated to the state museums.
As added by P.L.167-2011, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 37. State Museum and Historic Sites › Chapter 7. State Museum and Historic Sites Development Fund › 4-37-7-6. Income Appropriated

Sec. 6. (a) All earned income accruing to the fund is appropriated continuously for purposes of this article.
(b) Money in the fund at the end of a state fiscal year does not revert to the state general fund.
As added by P.L.167-2011, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 37. State Museum and Historic Sites › Chapter 7. State Museum and Historic Sites Development Fund › 4-37-7-7. Annual Report

Sec. 7. The chief executive officer shall report annually to the board and the budget committee on the activities, revenues, expenditures, and profits of the museums' shops, facility rentals, and restaurants.
As added by P.L.167-2011, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 37. State Museum and Historic Sites › Chapter 7. State Museum and Historic Sites Development Fund › 4-37-7-8. Memorandum of Understanding With Organizations at Historic Sites; Terms; Donor Restricted Funds

Sec. 8. (a) The chief executive officer of the corporation may enter into a memorandum of understanding with one (1) or more nonprofit organizations that are recognized supporters of a specific state historic site and are exempt from taxation under Section 501(c)(3) of the Internal Revenue Code. The memorandum of understanding may provide that the nonprofit organization or organizations may maintain a gift shop and offer special events at the state historic site.
(b) A memorandum of understanding entered into under this section may not do any of the following to restrict the fundraising activities of an organization described in subsection (a):
(1) Require the organization to deposit into the fund the proceeds of a fundraising activity approved by the chief executive officer.
(2) Require the organization to send money donated to the organization to the corporation.
(3) Require the approval of the chief executive officer, or the chief executive officer's designee, before the organization pursues general donations from individuals and other entities.
(4) Restrict, regulate, or limit the ability of the organization to hold offsite fundraising programs or activities.
(5) Restrict, regulate, or limit the ability of the organization to promote or advertise any onsite or offsite fundraising programs or activities on social media, via electronic mail, on an Internet web site, or by any other means.
(c) A memorandum of understanding entered into under this section may not do any of the following:
(1) Require the organization to be any type of supporting organization (as the term is used in the Internal Revenue Code).
(2) Require a representative of the corporation to be a voting or nonvoting member of the organization's board of directors.
(3) Require the organization to submit to the corporation any organization documents, correspondence, electronic mail, or other data that are not required to be submitted by the Internal Revenue Service.
(4) Require the organization to submit an audit of the organization's funds.
(5) Restrict, regulate, or otherwise limit the ability of the organization to promote any onsite or offsite activities.
(6) Allow the corporation to take a nonprofit organization's real or financial assets.
(7) Require the organization to pay any rental or other fee to support an event at a state historic site that is sponsored by the organization or the corporation.
(d) The corporation shall return to the organization any funds raised by the organization and donated to the corporation that:
(1) are designated as donor restricted funds for a specific use in a historic site project; and
(2) are not used for the donor's specified use in the historic site project;
upon the completion of the historic site project.
As added by P.L.167-2011, SEC.1. Amended by P.L.167-2020, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 37. State Museum and Historic Sites › Chapter 7. State Museum and Historic Sites Development Fund › 4-37-7-9. Memorandum of Understanding With State Agencies

Sec. 9. The chief executive officer of the corporation shall enter into:
(1) a memorandum of understanding with the Indiana department of transportation providing for the Indiana department of transportation to maintain historical services provided to the various state historic sites;
(2) a memorandum of understanding with the department of correction providing for the department of correction to provide assistance in maintaining a state historic site; and
(3) a memorandum of understanding with the department of natural resources providing for the department of natural resources to provide:
(A) assistance or services to repair or clean up a state historic site if a natural disaster or severe weather (as defined in IC 36-8-21.5-7) has occurred; and
(B) assistance providing equipment to the state historic sites for special events.
As added by P.L.167-2011, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 37. State Museum and Historic Sites › Chapter 8. Indiana State Museum Foundation › 4-37-8-1. Foundation Authorized

Sec. 1. The board may designate, by adopting a resolution, an existing nonprofit corporation or establish a nonprofit subsidiary corporation, known as or to be known as the Indiana state museum foundation, that is exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code to solicit and accept private funding, gifts, donations, bequests, devises, and contributions.
As added by P.L.167-2011, SEC.1. Amended by P.L.166-2013, SEC.5.
2023 Indiana Code › Title 4. State Offices and Administration › Article 37. State Museum and Historic Sites › Chapter 8. Indiana State Museum Foundation › 4-37-8-2. Use of Money

Sec. 2. The foundation:
(1) shall use money received under section 1 of this chapter to carry out in any manner the purposes and programs under this article; and
(2) may deposit money received under section 1 of this chapter in an account or fund that is:
(A) administered by the foundation; and
(B) not part of the state treasury.
As added by P.L.167-2011, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 37. State Museum and Historic Sites › Chapter 8. Indiana State Museum Foundation › 4-37-8-5. Audit

Sec. 5. The foundation is subject to compliance audits by the state board of accounts.
As added by P.L.167-2011, SEC.1. Amended by P.L.166-2013, SEC.6; P.L.181-2015, SEC.8.
2023 Indiana Code › Title 4. State Offices and Administration › Article 37. State Museum and Historic Sites › Chapter 9. Governor Frank O'bannon Great Hall › 4-37-9-1. Governor Frank O'bannon Great Hall

Sec. 1. The museum's great hall shall be known as the "Governor Frank O'Bannon Great Hall".
As added by P.L.167-2011, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 37. State Museum and Historic Sites › Chapter 9. Governor Frank O'bannon Great Hall › 4-37-9-2. Signage; Plaque

Sec. 2. The chief executive officer of the museum shall install and maintain the following:
(1) Appropriate public signage on and around the museum that displays the name of the great hall.
(2) A plaque located at an appropriate spot in the museum describing the highlights of the life and career of Governor Frank O'Bannon.
As added by P.L.167-2011, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 38. Sports Wagering › Chapter 1. General Provisions › 4-38-1-1. Exemption From Provisions

Sec. 1. Pursuant to 15 U.S.C. 1172, approved January 2, 1951, the state of Indiana, acting by and through duly elected and qualified members of the legislature, does declare and proclaim that the state is exempt from the provisions of 15 U.S.C. 1172.
As added by P.L.293-2019, SEC.43.
2023 Indiana Code › Title 4. State Offices and Administration › Article 38. Sports Wagering › Chapter 1. General Provisions › 4-38-1-2. Shipment of Gambling Devices

Sec. 2. All shipments of gambling devices used to conduct sports wagering under this article to an operating agent, a licensed owner, or a permit holder in Indiana, the registering, recording, and labeling of which have been completed by the manufacturer or dealer thereof in accordance with 15 U.S.C. 1171 through 1178, are legal shipments of gambling devices into Indiana.
As added by P.L.293-2019, SEC.43.
2023 Indiana Code › Title 4. State Offices and Administration › Article 38. Sports Wagering › Chapter 1. General Provisions › 4-38-1-4. Commission Powers and Duties

Sec. 4. The commission has the following powers and duties for the purpose of administering, regulating, and enforcing the system of sports wagering 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 sports wagering operations in Indiana.
(B) All persons at licensed facilities where sports wagering is conducted.
(4) Any power specified in IC 4-33 or IC 4-35 concerning the supervision of persons conducting gambling games, patrons wagering on gambling games, and the facilities in which gambling games are conducted.
(5) To investigate and reinvestigate applicants, certificate holders, licensees, and vendors.
(6) To investigate alleged violations of this article.
(7) To revoke, suspend, or renew certificates and licenses under this article.
(8) To take any reasonable or appropriate action to enforce this article.
As added by P.L.293-2019, SEC.43.
2023 Indiana Code › Title 4. State Offices and Administration › Article 38. Sports Wagering › Chapter 1. General Provisions › 4-38-1-5. Commission Actions

Sec. 5. The commission may do the following:
(1) Take appropriate administrative enforcement or disciplinary action against a person who violates this article.
(2) Conduct hearings.
(3) Issue subpoenas for the attendance of witnesses and subpoenas duces tecum for the production of books, records, and other relevant documents.
(4) Administer oaths and affirmations to witnesses.
As added by P.L.293-2019, SEC.43.
2023 Indiana Code › Title 4. State Offices and Administration › Article 38. Sports Wagering › Chapter 2. Definitions › 4-38-2-2. "Adjusted Gross Receipts"

Sec. 2. "Adjusted gross receipts" means:
(1) the total of all cash and property (including checks received by a certificate holder, whether collected or not) received from authorized sports wagering offered by a certificate holder; minus
(2) the total of:
(A) all cash paid out as winnings to sports wagering patrons, including the cash equivalent of any merchandise or thing of value awarded as a prize; and
(B) uncollectible gaming receivables, not to exceed the lesser of:
(i) a reasonable provision for uncollectible patron checks received from sports wagering; or
(ii) two percent (2%) of the total of all sums (including checks, whether collected or not) less the amount paid out as winnings to sports wagering patrons.
For purposes of this section, a counter or personal check that is invalid or unenforceable under this article is considered cash received by the certificate holder from sports wagering.
As added by P.L.293-2019, SEC.43. Amended by P.L.146-2020, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 38. Sports Wagering › Chapter 2. Definitions › 4-38-2-3. "Amateur Youth Sporting Event"

Sec. 3. "Amateur youth sporting event" refers to any sporting event in which an individual:
(1) must be less than eighteen (18) years of age to participate; and
(2) is prohibited, as a condition of participating in the sporting event, from receiving direct or indirect compensation for the use of the individual's athletic skill in any manner with respect to the sport in which the particular sporting event is conducted.
As added by P.L.293-2019, SEC.43.
2023 Indiana Code › Title 4. State Offices and Administration › Article 38. Sports Wagering › Chapter 2. Definitions › 4-38-2-4. "Certificate Holder"

Sec. 4. "Certificate holder" means a licensed owner, operating agent, or permit holder issued a certificate of authority by the commission authorizing the licensed owner, operating agent, or permit holder to conduct sports wagering independently or through a vendor under this article.
As added by P.L.293-2019, SEC.43.
2023 Indiana Code › Title 4. State Offices and Administration › Article 38. Sports Wagering › Chapter 2. Definitions › 4-38-2-8. "Geofence"

Sec. 8. "Geofence" means a virtual geographic boundary defined by GPS or RFID technology, which enables software to trigger a response when a mobile device enters or leaves a particular area.
As added by P.L.293-2019, SEC.43.
2023 Indiana Code › Title 4. State Offices and Administration › Article 38. Sports Wagering › Chapter 2. Definitions › 4-38-2-11. "Licensed Facility"

Sec. 11. "Licensed facility" means any of the following:
(1) A satellite facility operated under IC 4-31-5.5.
(2) A riverboat operated under IC 4-33.
(3) A property owned by a permit holder that contains both a gambling game facility operated under IC 4-35 and a racetrack at which live horse racing is conducted under IC 4-31.
As added by P.L.293-2019, SEC.43.
2023 Indiana Code › Title 4. State Offices and Administration › Article 38. Sports Wagering › Chapter 2. Definitions › 4-38-2-14. "Operating Agent"

Sec. 14. "Operating agent" means a person with whom the commission has entered into a contract under IC 4-33-6.5 to operate a riverboat in a historic hotel district.
As added by P.L.293-2019, SEC.43.
2023 Indiana Code › Title 4. State Offices and Administration › Article 38. Sports Wagering › Chapter 2. Definitions › 4-38-2-15. "Permit Holder"

Sec. 15. "Permit holder" has the meaning set forth in IC 4-31-2.1-27.
As added by P.L.293-2019, SEC.43. Amended by P.L.105-2022, SEC.7.
2023 Indiana Code › Title 4. State Offices and Administration › Article 38. Sports Wagering › Chapter 2. Definitions › 4-38-2-16. "Person"

Sec. 16. "Person" means an individual, a sole proprietorship, a partnership, an association, a fiduciary, a corporation, a limited liability company, or any other business entity.
As added by P.L.293-2019, SEC.43.
2023 Indiana Code › Title 4. State Offices and Administration › Article 38. Sports Wagering › Chapter 2. Definitions › 4-38-2-18. "Sports Wagering"

Sec. 18. "Sports wagering" refers to wagering conducted under this article on athletic and sporting events involving human competitors and other events approved by the commission. The term does not include pari-mutuel wagering on horse racing or money spent to participate in paid fantasy sports under IC 4-33-24.
As added by P.L.293-2019, SEC.43.
2023 Indiana Code › Title 4. State Offices and Administration › Article 38. Sports Wagering › Chapter 2. Definitions › 4-38-2-19. "Sports Wagering Device"

Sec. 19. "Sports wagering device" refers to a mechanical, electrical, or computerized contrivance, terminal, device, apparatus, piece of equipment, or supply approved by the commission for conducting sports wagering under this article. The term does not include a personal computer, mobile device, or other device used in connection with sports wagering under IC 4-38-5-12.
As added by P.L.293-2019, SEC.43.
2023 Indiana Code › Title 4. State Offices and Administration › Article 38. Sports Wagering › Chapter 2. Definitions › 4-38-2-20. "Sports Wagering Service Provider"

Sec. 20. "Sports wagering service provider" means a person that contracts with a certificate holder, a vendor, or an applicant for a certificate of authority under IC 4-38-4 or vendor's license to:
(1) sell, lease, offer, or otherwise provide or distribute a sports wagering device or associated equipment;
(2) service a sports wagering device or associated equipment; or
(3) provide risk management services, integrity services, or odds.
As added by P.L.293-2019, SEC.43.
2023 Indiana Code › Title 4. State Offices and Administration › Article 38. Sports Wagering › Chapter 2. Definitions › 4-38-2-23. "Vendor"

Sec. 23. "Vendor" means a person with whom a certificate holder contracts for either of the following:
(1) Conducting or managing sports wagering operations within a licensed facility.
(2) Conducting sports wagering through mobile devices under IC 4-38-5-12.
As added by P.L.293-2019, SEC.43.
2023 Indiana Code › Title 4. State Offices and Administration › Article 38. Sports Wagering › Chapter 3. Administrative Rules › 4-38-3-1. Adoption of Rules

Sec. 1. The commission shall adopt rules under IC 4-22-2, including emergency rules in the manner provided under IC 4-22-2-37.1, to implement this article. Rules adopted under this section must include the following:
(1) Standards for the conduct of sports wagering under this article.
(2) Standards and procedures to govern the conduct of sports wagering, including the manner in which:
(A) wagers are received;
(B) payouts are paid; and
(C) point spreads, lines, and odds are determined.
(3) Standards for allowing a certificate holder to offer sports wagering as an interactive form of gaming.
(4) Rules prescribing the manner in which a certificate holder's books and financial records relating to sports wagering are maintained and audited, including standards for the daily counting of a certificate holder's gross receipts from sports wagering and standards to ensure that internal controls are followed.
(5) Rules concerning compulsive gambling.
(6) Standards for approving procedures and technologies necessary to comply with the requirements of IC 4-38-9.
(7) Standards for approving procedures and technologies necessary for a certificate holder or vendor to securely and efficiently maintain and store records of all bets and wagers placed with the certificate holder or vendor.
(8) Rules establishing geofence standards concerning where a wager may and may not be placed, including:
(A) only placing wagers within the boundaries of Indiana; and
(B) prohibiting wagers at the location of particular sporting events.
(9) Standards for allowing a certificate holder to accept wagers through a mobile device under IC 4-38-5-12.
(10) Rules concerning the use of the source of data in sports wagering.
As added by P.L.293-2019, SEC.43.
2023 Indiana Code › Title 4. State Offices and Administration › Article 38. Sports Wagering › Chapter 3. Administrative Rules › 4-38-3-2. Adoption of Rules Concerning Certificate Holders

Sec. 2. Rules adopted under section 1 of this chapter must require a certificate holder to do the following:
(1) Designate one (1) or more areas within the licensed facility operated by the certificate holder for sports wagering conducted under this article.
(2) Ensure that the certificate holder's surveillance system covers all areas of the certificate holder's licensed facility in which sports wagering is conducted.
(3) Allow the commission to be present through the commission's gaming agents during the time sports wagering is conducted in all areas of the certificate holder's licensed facility in which sports wagering is conducted to do the following:
(A) Ensure maximum security of the counting and storage of the sports wagering revenue received by the certificate holder.
(B) Certify the sports wagering revenue received by the certificate holder.
(C) Receive complaints from the public.
(D) Conduct other investigations into the conduct of sports wagering and the maintenance of the equipment that the commission considers necessary and proper for sports wagering.
(4) Ensure that individuals who are less than twenty-one (21) years of age do not make wagers under this article.
(5) Provide written information to sports wagering patrons about sports wagering, payouts, winning wagers, and other information considered relevant by the commission.
As added by P.L.293-2019, SEC.43.
2023 Indiana Code › Title 4. State Offices and Administration › Article 38. Sports Wagering › Chapter 4. Authority to Conduct Sports Wagering › 4-38-4-1. Sports Wagering Start Date

Sec. 1. A person holding a certificate of authority issued under this chapter is authorized to conduct sports wagering under this article beginning September 1, 2019.
As added by P.L.293-2019, SEC.43.
2023 Indiana Code › Title 4. State Offices and Administration › Article 38. Sports Wagering › Chapter 4. Authority to Conduct Sports Wagering › 4-38-4-2. Commission Acceptance of Applications for a Certificate of Authority

Sec. 2. Beginning July 1, 2019, the commission may accept applications for a certificate of authority from any licensed owner, operating agent, or permit holder that wishes to conduct sports wagering under this article. The commission shall prescribe the form of the application.
As added by P.L.293-2019, SEC.43.
2023 Indiana Code › Title 4. State Offices and Administration › Article 38. Sports Wagering › Chapter 4. Authority to Conduct Sports Wagering › 4-38-4-3. Applications; Initial Fee; Satellite Facilities

Sec. 3. (a) A licensed owner, operating agent, or permit holder that wishes to offer sports wagering under this article at a riverboat operated under IC 4-33 or a property described in IC 4-38-2-11(3) must:
(1) submit an application to the commission in the manner prescribed by the commission for each licensed facility in which the applicant wishes to conduct sports wagering; and
(2) pay an initial fee of one hundred thousand dollars ($100,000).
(b) A permit holder that wishes to offer sports wagering under this article at a satellite facility operated under IC 4-31-5.5 must:
(1) submit an application to the commission in the manner prescribed by the commission for each satellite facility in which the applicant wishes to conduct sports wagering; and
(2) pay an initial fee of one hundred thousand dollars ($100,000).
As added by P.L.293-2019, SEC.43.
2023 Indiana Code › Title 4. State Offices and Administration › Article 38. Sports Wagering › Chapter 4. Authority to Conduct Sports Wagering › 4-38-4-4. Issuance of Certificate of Authority

Sec. 4. Upon:
(1) receipt of the application and fee required by section 3 of this chapter; and
(2) approving the submitted application;
the commission shall issue a certificate of authority to a licensed owner, an operating agent, or a permit holder authorizing the licensed owner, operating agent, or permit holder to conduct sports wagering under this article in a designated licensed facility.
As added by P.L.293-2019, SEC.43.
2023 Indiana Code › Title 4. State Offices and Administration › Article 38. Sports Wagering › Chapter 4. Authority to Conduct Sports Wagering › 4-38-4-5. Fee Deposited in State General Fund

Sec. 5. The commission shall deposit fees received under section 3 of this chapter in the sports wagering fund established by IC 4-38-8-2.
As added by P.L.293-2019, SEC.43.
2023 Indiana Code › Title 4. State Offices and Administration › Article 38. Sports Wagering › Chapter 4. Authority to Conduct Sports Wagering › 4-38-4-6. Temporary Certificate of Authority to Conduct Business

Sec. 6. When considering a person's application for a certificate of authority to conduct sports wagering, the commission may issue the person a temporary certificate of authority to conduct business under this article if:
(1) the person has filed with the commission:
(A) a completed application; or
(B) a substantially complete application as determined by the commission; and
(2) the person agrees in writing to the following conditions of the temporary certificate of authority issued under this section:
(A) The temporary certificate of authority does not create a right or privilege to continue conducting business under this article if the person's application for a certificate of authority to conduct sports wagering is rejected by the commission.
(B) The commission may rescind the person's temporary authority to conduct business under this article at any time, with or without notice to the person, if:
(i) the commission is informed that the suitability of the person may be at issue; and
(ii) the person fails to cooperate with the commission in the commission's investigation into the qualifications and suitability of the person for a certificate of authority to conduct sports wagering.
As added by P.L.293-2019, SEC.43.
2023 Indiana Code › Title 4. State Offices and Administration › Article 38. Sports Wagering › Chapter 5. Conduct of Sports Wagering › 4-38-5-1. Commission Tests; Data Relating to Conduct of Sports Wagering

Sec. 1. (a) The commission shall test new sports wagering devices and new forms, variations, or composites of sports wagering under the terms and conditions that the commission considers appropriate before authorizing a certificate holder to offer a new sports wagering device or a new form, variation, or composite of sports wagering.
(b) A certificate holder shall provide all data relating to the conduct of sports wagering to the commission.
(c) The commission may provide data received from a certificate holder to any governing body conducting a sporting event described in section 4(a) of this chapter.
As added by P.L.293-2019, SEC.43.
2023 Indiana Code › Title 4. State Offices and Administration › Article 38. Sports Wagering › Chapter 5. Conduct of Sports Wagering › 4-38-5-2. Designation of Areas to Conduct Sports Wagering

Sec. 2. A certificate holder shall designate one (1) or more areas within each licensed facility in which the certificate holder is authorized to conduct sports wagering under this article. Except as provided in section 12 of this chapter, sports wagering may not be conducted at any location other than an area designated under this section.
As added by P.L.293-2019, SEC.43.
2023 Indiana Code › Title 4. State Offices and Administration › Article 38. Sports Wagering › Chapter 5. Conduct of Sports Wagering › 4-38-5-3. Age Restrictions for Areas Where Sports Wagering Is Conducted

Sec. 3. (a) Except as provided in subsection (b), a person who is less than twenty-one (21) years of age may not be present in an area where sports wagering is being conducted.
(b) A person who is at least eighteen (18) years of age and who is an employee of a certificate holder's licensed facility may be present in an area where sports wagering is conducted. However, an employee who is less than twenty-one (21) years of age may not perform any function involving sports wagering by the patrons.
As added by P.L.293-2019, SEC.43.
2023 Indiana Code › Title 4. State Offices and Administration › Article 38. Sports Wagering › Chapter 5. Conduct of Sports Wagering › 4-38-5-4. Permissible Wagers; In-Play Wagers

Sec. 4. (a) A certificate holder or vendor may accept wagers on professional and collegiate sporting events approved for sports wagering by the commission, and other events as approved by the commission. A certificate holder or vendor may use data selected in a manner approved by the commission to determine whether a wager is a winning wager.
(b) A certificate holder or vendor may not accept wagers on e-sports regardless of whether the e-sports event involves one (1) or multiple players.
(c) The commission may authorize in-play wagering under this article.
As added by P.L.293-2019, SEC.43.
2023 Indiana Code › Title 4. State Offices and Administration › Article 38. Sports Wagering › Chapter 5. Conduct of Sports Wagering › 4-38-5-5. Prohibited Wagers

Sec. 5. A certificate holder or vendor may not accept wagers on the following:
(1) High school and other amateur youth sporting events.
(2) A sporting event that has not been approved for sports wagering by the commission.
As added by P.L.293-2019, SEC.43.
2023 Indiana Code › Title 4. State Offices and Administration › Article 38. Sports Wagering › Chapter 5. Conduct of Sports Wagering › 4-38-5-6. Cancellation of Wagers

Sec. 6. A certificate holder or vendor may not cancel a wager that has been accepted, except in the event of obvious error, at the certificate holder's or vendor's discretion. A certificate holder or vendor must pay winning patrons following the end of the sporting event.
As added by P.L.293-2019, SEC.43.
2023 Indiana Code › Title 4. State Offices and Administration › Article 38. Sports Wagering › Chapter 5. Conduct of Sports Wagering › 4-38-5-7. Permitted Sports Wagering

Sec. 7. A certificate holder or vendor may not permit any sports wagering on the premises of a licensed facility except as permitted by this article.
As added by P.L.293-2019, SEC.43.
2023 Indiana Code › Title 4. State Offices and Administration › Article 38. Sports Wagering › Chapter 5. Conduct of Sports Wagering › 4-38-5-8. Approved Sports Wagering Devices and Platforms; Other Supplies and Equipment

Sec. 8. (a) A sports wagering device, platform, or other means of conducting sports wagering must be:
(1) approved by the commission; and
(2) acquired by a certificate holder or vendor from a person holding a supplier's license or a sports wagering service provider license.
(b) The commission shall determine whether other supplies and equipment used to conduct sports wagering require a certificate holder to acquire the supplies and equipment from a person holding a supplier's license or a sports wagering service provider license.
(c) IC 4-33-7 applies to the distribution of sports wagering devices and the conduct of sports wagering under this article.
As added by P.L.293-2019, SEC.43.
2023 Indiana Code › Title 4. State Offices and Administration › Article 38. Sports Wagering › Chapter 5. Conduct of Sports Wagering › 4-38-5-9. Commission Determination of Occupations Related to Sports Wagering

Sec. 9. The commission shall determine the occupations related to sports wagering that require an occupational license. IC 4-33-8 applies to the conduct of sports wagering under this article.
As added by P.L.293-2019, SEC.43.
2023 Indiana Code › Title 4. State Offices and Administration › Article 38. Sports Wagering › Chapter 5. Conduct of Sports Wagering › 4-38-5-10. Null and Void Certificates

Sec. 10. (a) This section applies to sports wagering conducted at a satellite facility by a certificate holder that is a permit holder.
(b) A certificate issued under this article is null and void if the certificate holder fails to:
(1) maintain a license issued under IC 4-31-5.5 to operate the satellite facility; or
(2) satisfy the conditions for obtaining a satellite facility license set forth in IC 4-31-5.5-3(b)(3) in the certificate holder's operation of the satellite facility.
As added by P.L.293-2019, SEC.43.