reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 4. State Offices and Administration › Article 35. Gambling Games at Racetracks › Chapter 7. Conduct of Gambling Games at Racetracks › 4-35-7-18. Criteria for Evaluating Distribution Agreement or for Establishing a Distribution Amount

Sec. 18. The Indiana horse racing commission shall evaluate any proposed distribution agreement submitted under section 16 of this chapter using the following criteria:
(1) The best interests of pari-mutuel horse racing in Indiana.
(2) Maintenance of the highest standards and greatest level of integrity.
(3) Fairness to all parties.
(4) The financial stability of licensees.
(5) Any other factor considered relevant by the Indiana horse racing commission.
As added by P.L.210-2013, SEC.17.
2023 Indiana Code › Title 4. State Offices and Administration › Article 35. Gambling Games at Racetracks › Chapter 7. Conduct of Gambling Games at Racetracks › 4-35-7-19. Commission Approval for Wagering on Table Games

Sec. 19. (a) The commission shall authorize wagering on table games at each licensee's gambling game facility beginning January 1, 2020.
(b) A licensee may not:
(1) install more gambling games than the number of gambling games proposed in the table game plan submitted to the commission; and
(2) offer more than two thousand two hundred (2,200) gambling games as provided under section 11(b) of this chapter.
As added by P.L.255-2015, SEC.42. Amended by P.L.293-2019, SEC.37.
2023 Indiana Code › Title 4. State Offices and Administration › Article 35. Gambling Games at Racetracks › Chapter 8. Taxation of Slot Machine Wagering › 4-35-8-1. Graduated Wagering Tax Imposed

Sec. 1. (a) A graduated slot machine wagering tax is imposed as follows on ninety-nine percent (99%) of the adjusted gross receipts received after June 30, 2012, and before July 1, 2013, on ninety-one and five-tenths percent (91.5%) of the adjusted gross receipts received after June 30, 2013, and before July 1, 2015, and on eighty-eight percent (88%) of the adjusted gross receipts received after June 30, 2015, from wagering on gambling games authorized by this article:
(1) Twenty-five percent (25%) of the first one hundred million dollars ($100,000,000) of adjusted gross receipts received during the period beginning July 1 of each year and ending June 30 of the following year.
(2) For periods:
(A) ending before July 1, 2021, thirty percent (30%) of the adjusted gross receipts in excess of one hundred million dollars ($100,000,000) but not exceeding two hundred million dollars ($200,000,000) received during the period beginning July 1 of each year and ending June 30 of the following year; and
(B) beginning after June 30, 2021, thirty percent (30%) of the adjusted gross receipts in excess of one hundred million dollars ($100,000,000) received during the period beginning July 1 of each year and ending June 30 of the following year.
(3) For periods ending before July 1, 2021, thirty-five percent (35%) of the adjusted gross receipts in excess of two hundred million dollars ($200,000,000) received during the period beginning July 1 of each year and ending June 30 of the following year.
(b) A licensee shall do the following:
(1) Remit the daily amount of tax imposed by this section to the department on the twenty-fourth calendar day of each month. Any taxes collected during the month but after the day on which the taxes are required to be paid shall be paid to the department at the same time the following month's taxes are due.
(2) Report gaming activity information to the commission daily on forms prescribed by the commission.
(c) The payment of the tax under this section must be in a manner prescribed by the department.
(d) If the department requires taxes to be remitted under this chapter through electronic funds transfer, the department may allow the licensee to file a monthly report to reconcile the amounts remitted to the department.
(e) The payment of the tax under this section must be reported and remitted electronically through the department's online tax filing program.
As added by P.L.233-2007, SEC.21. Amended by P.L.172-2011, SEC.10; P.L.205-2013, SEC.72; P.L.210-2013, SEC.18; P.L.255-2015, SEC.43; P.L.212-2018(ss), SEC.10; P.L.293-2019, SEC.38; P.L.137-2022, SEC.8.
2023 Indiana Code › Title 4. State Offices and Administration › Article 35. Gambling Games at Racetracks › Chapter 8. Taxation of Slot Machine Wagering › 4-35-8-3. Deposits Into State General Fund

Sec. 3. The department shall deposit tax revenue collected under section 1 of this chapter in the state general fund.
As added by P.L.233-2007, SEC.21. Amended by P.L.146-2008, SEC.22.
2023 Indiana Code › Title 4. State Offices and Administration › Article 35. Gambling Games at Racetracks › Chapter 8. Taxation of Slot Machine Wagering › 4-35-8-5. Deductions for Qualified Wagering

Sec. 5. (a) This section applies to adjusted gross receipts from wagering on gambling games that occurs after the effective date of this section, as added by SEA 528-2013.
(b) As used in this section, "qualified wagering" refers to wagers made by patrons using noncashable vouchers, coupons, electronic credits, or electronic promotions provided by the licensee.
(c) Subject to subsection (d), a licensee may at any time during the state fiscal year deduct from the adjusted gross receipts reported by the licensee the adjusted gross receipts attributable to qualified wagering. A licensee must take a deduction under this section on a form and in the manner prescribed by the department.
(d) A licensee may not deduct more than the following amounts in a particular state fiscal year:
(1) Two million five hundred thousand dollars ($2,500,000) in a state fiscal year ending before July 1, 2013.
(2) Five million dollars ($5,000,000) in a state fiscal year beginning after June 30, 2013, and ending before July 1, 2015.
(3) Seven million dollars ($7,000,000) in a state fiscal year beginning after June 30, 2015, and ending before July 1, 2021.
(4) Nine million dollars ($9,000,000) in a state fiscal year beginning after June 30, 2021.
(e) Deductions under this section also apply to a licensee's adjusted gross receipts for purposes of the following statutes:
(1) IC 4-35-7-12.
(2) IC 4-35-8.5.
(3) IC 4-35-8.9.
(f) A licensee may for a state fiscal year assign all or part of the amount of the deduction under this section that is not claimed by the licensee for the state fiscal year to another licensee, a licensed owner as defined by IC 4-33-2-13, or an operating agent as defined by IC 4-33-2-14.5. An assignment under this subsection must be in writing and both the licensee assigning the deduction and the licensee, licensed owner as defined by IC 4-33-2-13, or operating agent as defined by IC 4-33-2-14.5, to which the deduction is assigned shall report the assignment to the commission and to the department. The maximum amount that may be assigned under this subsection by a licensee for a state fiscal year is equal to the result of:
(1) seven million dollars ($7,000,000); minus
(2) the amount deducted under this subsection by the licensee for the state fiscal year.
As added by P.L.229-2013, SEC.36. Amended by P.L.255-2015, SEC.44; P.L.293-2019, SEC.39.
2023 Indiana Code › Title 4. State Offices and Administration › Article 35. Gambling Games at Racetracks › Chapter 8.3. Historic Hotel District Community Support Fee › 4-35-8.3-2. Historic Hotel District Community Support Fee

Sec. 2. Before October 1 of each year, a licensee shall pay to the department an annual historic hotel district community support fee equal to:
(1) one million two hundred fifty thousand dollars ($1,250,000); multiplied by
(2) the number of gambling game facilities operated by the licensee under this article.
As added by P.L.255-2015, SEC.45.
2023 Indiana Code › Title 4. State Offices and Administration › Article 35. Gambling Games at Racetracks › Chapter 8.3. Historic Hotel District Community Support Fee › 4-35-8.3-3. Deposit of Fee

Sec. 3. The department shall deposit the fees received under section 2 of this chapter in the state general fund.
As added by P.L.255-2015, SEC.45.
2023 Indiana Code › Title 4. State Offices and Administration › Article 35. Gambling Games at Racetracks › Chapter 8.3. Historic Hotel District Community Support Fee › 4-35-8.3-5. Distributions to Political Subdivisions

Sec. 5. (a) Money distributed to a political subdivision under section 4 of this chapter:
(1) must be paid to the fiscal officer of the political subdivision and may be deposited in the political subdivision's general fund (in the case of a school corporation, the school corporation may deposit the money into either the education fund (IC 20-40-2) or the operations fund (IC 20-40-18)) or riverboat fund established under IC 36-1-8-9, or both;
(2) may not be used to reduce the maximum levy under IC 6-1.1-18.5 of a county, city, or town or the maximum tax rate of a school corporation, but, except as provided in section 4(2) of this chapter, may be used at the discretion of the political subdivision to reduce the property tax levy of the county, city, or town for a particular year;
(3) except as provided in section 4(2) of this chapter, may be used for any legal or corporate purpose of the political subdivision, including the pledge of money to bonds, leases, or other obligations under IC 5-1-14-4; and
(4) is considered miscellaneous revenue.
(b) Money distributed under section 4(2) of this chapter must be used for the purposes specified in section 4(2) of this chapter.
As added by P.L.255-2015, SEC.45. Amended by P.L.149-2016, SEC.14; P.L.238-2019, SEC.3.
2023 Indiana Code › Title 4. State Offices and Administration › Article 35. Gambling Games at Racetracks › Chapter 8.5. County Slot Machine Wagering Fee › 4-35-8.5-0.5. Application

Sec. 0.5. This chapter does not apply to sports wagering conducted under IC 4-38.
As added by P.L.293-2019, SEC.41.
2023 Indiana Code › Title 4. State Offices and Administration › Article 35. Gambling Games at Racetracks › Chapter 8.5. County Slot Machine Wagering Fee › 4-35-8.5-1. County Gambling Game Wagering Fee Imposed

Sec. 1. (a) Before the fifteenth day of each month, a licensee that offers gambling game wagering under this article shall pay to the commission a county gambling game wagering fee equal to three percent (3%) of the adjusted gross receipts received from gambling game wagering during the previous month at the licensee's racetrack. However, a licensee is not required to pay more than eight million dollars ($8,000,000) of county gambling game wagering fees under this section in any state fiscal year.
(b) The commission shall deposit the county gambling game wagering fee received by the commission into a separate account within the state general fund.
As added by P.L.233-2007, SEC.21. Amended by P.L.255-2015, SEC.46.
2023 Indiana Code › Title 4. State Offices and Administration › Article 35. Gambling Games at Racetracks › Chapter 8.5. County Slot Machine Wagering Fee › 4-35-8.5-2. Distribution of County Gambling Game Wagering Fees

Sec. 2. On or before the fifteenth day of each month, the treasurer of state shall distribute any county gambling game wagering fees received from a licensee during the previous month to the county auditor of the county in which the licensee's racetrack is located.
As added by P.L.233-2007, SEC.21. Amended by P.L.255-2015, SEC.47; P.L.137-2022, SEC.9.
2023 Indiana Code › Title 4. State Offices and Administration › Article 35. Gambling Games at Racetracks › Chapter 8.5. County Slot Machine Wagering Fee › 4-35-8.5-3. Allocation of County Gambling Game Wagering Fees

Sec. 3. The auditor of each county receiving a distribution of county gambling game wagering fees under section 2 of this chapter shall distribute the county gambling game wagering fees as follows:
(1) To each city located in the county according to the ratio the city's population bears to the total population of the county.
(2) To each town located in the county according to the ratio the town's population bears to the total population of the county.
(3) After the distributions required by subdivisions (1) and (2) are made, the remainder shall be retained by the county.
As added by P.L.233-2007, SEC.21. Amended by P.L.255-2015, SEC.48.
2023 Indiana Code › Title 4. State Offices and Administration › Article 35. Gambling Games at Racetracks › Chapter 8.5. County Slot Machine Wagering Fee › 4-35-8.5-4. Use of County Slot Machine Wagering Fees

Sec. 4. (a) As used in this section, "political subdivision" means a county, city, or town.
(b) Money paid to a political subdivision under this chapter:
(1) must be paid to the fiscal officer of the political subdivision and must be deposited in the political subdivision's general fund;
(2) may not be used to reduce the political subdivision's maximum levy under IC 6-1.1 but may be used at the discretion of the political subdivision to reduce the property tax levy of the political subdivision for a particular year;
(3) may be used for any purpose specified in this chapter or for any other legal or corporate purpose of the political subdivision, including the pledge of money to bonds, leases, or other obligations under IC 5-1-14-4; and
(4) is considered miscellaneous revenue.
As added by P.L.233-2007, SEC.21.
2023 Indiana Code › Title 4. State Offices and Administration › Article 35. Gambling Games at Racetracks › Chapter 8.7. Gaming Integrity Fee › 4-35-8.7-1. "Fund"

Sec. 1. As used in this chapter, "fund" means the gaming integrity fund established by section 3 of this chapter.
As added by P.L.233-2007, SEC.21.
2023 Indiana Code › Title 4. State Offices and Administration › Article 35. Gambling Games at Racetracks › Chapter 8.7. Gaming Integrity Fee › 4-35-8.7-2. Gaming Integrity Fee Imposed

Sec. 2. A licensee that offers wagering on gambling games under this article shall annually pay to the Indiana horse racing commission a gaming integrity fee equal to two hundred fifty thousand dollars ($250,000) for each racetrack at which the licensee offers wagering on gambling games. The Indiana horse racing commission shall deposit gaming integrity fees in the fund.
As added by P.L.233-2007, SEC.21. Amended by P.L.142-2009, SEC.26; P.L.255-2015, SEC.49.
2023 Indiana Code › Title 4. State Offices and Administration › Article 35. Gambling Games at Racetracks › Chapter 8.7. Gaming Integrity Fee › 4-35-8.7-3. Gaming Integrity Fund; Uses of Money in the Fund; Appropriation

Sec. 3. (a) The gaming integrity fund is established.
(b) The fund shall be administered by the Indiana horse racing commission.
(c) The fund consists of gaming integrity fees deposited in the fund under this chapter and money distributed to the fund under IC 4-35-7-12.5 and IC 4-35-7-15. For each licensee, the Indiana horse racing commission shall annually transfer:
(1) seventy-five thousand dollars ($75,000); multiplied by
(2) the number of racetracks operated by the licensee;
from the fund to the Indiana state board of animal health to be used by the state board to pay the costs associated with equine health and equine care programs under IC 15-17.
(d) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public funds may be invested.
(e) Money in the fund at the end of a state fiscal year does not revert to the state general fund.
(f) Money in the fund may be used by the Indiana horse racing commission only for the following purposes:
(1) To pay the cost of taking and analyzing equine biological samples under IC 4-31-12-6(b) or another law or rule and the cost of any supplies related to the taking or analysis of biological samples.
(2) To pay dues to the Drug Testing Standards and Practices (DTSP) Committee of the Association of Racing Commissioners International.
(3) To provide grants for research for the advancement of equine drug testing. Grants under this subdivision must be approved by the Drug Testing Standards and Practices (DTSP) Committee of the Association of Racing Commissioners International or by the Racing Mediation and Testing Consortium.
(4) To pay the costs of post-mortem examinations under IC 4-31-12-10.
(5) To pay other costs incurred by the commission to maintain the integrity of pari-mutuel racing.
(g) Money in the fund is continuously appropriated to the Indiana horse racing commission to carry out the purposes described in subsection (f).
As added by P.L.233-2007, SEC.21. Amended by P.L.142-2009, SEC.27; P.L.229-2011, SEC.61; P.L.213-2015, SEC.54; P.L.149-2016, SEC.15; P.L.217-2017, SEC.43; P.L.268-2017, SEC.37; P.L.86-2018, SEC.10; P.L.168-2019, SEC.22.
2023 Indiana Code › Title 4. State Offices and Administration › Article 35. Gambling Games at Racetracks › Chapter 8.8. Problem Gambling Fees › 4-35-8.8-2. Problem Gambling Fee Imposed

Sec. 2. (a) A licensee that offers slot machine wagering at racetracks under this article shall annually pay to the commission a problem gambling fee equal to five hundred thousand dollars ($500,000) for each racetrack at which the licensee offers slot machine wagering. The commission shall annually retain two hundred fifty thousand dollars ($250,000) from the total amount paid under this section for the commission's own efforts at preventing and treating compulsive gambling. The commission shall transfer the remaining seven hundred fifty thousand dollars ($750,000) received each year to the division.
(b) The amount retained by the commission under subsection (a) shall be deposited in the problem gambling program fund established by section 5 of this chapter.
As added by P.L.233-2007, SEC.21. Amended by P.L.255-2015, SEC.50; P.L.108-2019, SEC.80.
2023 Indiana Code › Title 4. State Offices and Administration › Article 35. Gambling Games at Racetracks › Chapter 8.8. Problem Gambling Fees › 4-35-8.8-3. Use of Problem Gambling Fees

Sec. 3. The division may use problem gambling fees received by the division under this chapter only for the prevention and treatment of compulsive gambling that is related to gambling allowed under this article and IC 4-33.
As added by P.L.233-2007, SEC.21. Amended by P.L.255-2015, SEC.51.
2023 Indiana Code › Title 4. State Offices and Administration › Article 35. Gambling Games at Racetracks › Chapter 8.8. Problem Gambling Fees › 4-35-8.8-4. Problem Gambling Fees Are in Addition to Riverboat Admissions Taxes Used by the Division for the Prevention and Treatment of Compulsive Gambling

Sec. 4. The problem gambling fees used by the division under this chapter for the prevention and treatment of compulsive gambling are in addition to any admissions tax revenue allocated by the division under IC 4-33-12-6 for the prevention and treatment of compulsive gambling.
As added by P.L.233-2007, SEC.21.
2023 Indiana Code › Title 4. State Offices and Administration › Article 35. Gambling Games at Racetracks › Chapter 8.8. Problem Gambling Fees › 4-35-8.8-5. Problem Gambling Program Fund; Purpose of the Fund

Sec. 5. (a) The problem gambling program fund is established. The fund shall be administered by the commission.
(b) The fund consists of the fees collected and retained by the commission under section 2 of this chapter.
(c) Money in the fund may be used only for the purpose of the commission's own efforts at preventing and treating compulsive gambling.
(d) Money in the fund is continuously appropriated for the purposes of the fund.
(e) 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.108-2019, SEC.81.
2023 Indiana Code › Title 4. State Offices and Administration › Article 35. Gambling Games at Racetracks › Chapter 8.9. Supplemental Fees › 4-35-8.9-1. Application of Chapter

Sec. 1. This chapter applies only to state fiscal years beginning after June 30, 2007, and ending before July 1, 2012.
As added by P.L.233-2007, SEC.21.
2023 Indiana Code › Title 4. State Offices and Administration › Article 35. Gambling Games at Racetracks › Chapter 8.9. Supplemental Fees › 4-35-8.9-2. Supplemental Fees Imposed

Sec. 2. (a) Before the fifteenth day of each month, a licensee that offers slot machine wagering under this article shall pay to the commission a supplemental fee equal to one percent (1%) of the adjusted gross receipts received by the licensee from slot machine wagering.
(b) The commission shall deposit the supplemental fees into a separate account within the state general fund.
As added by P.L.233-2007, SEC.21.
2023 Indiana Code › Title 4. State Offices and Administration › Article 35. Gambling Games at Racetracks › Chapter 8.9. Supplemental Fees › 4-35-8.9-3. Distribution of Supplemental Fees

Sec. 3. Before the fifteenth day of each month, the treasurer of state shall distribute supplemental fees received under this chapter during the previous month in equal shares to each licensed owner or operating agent that commences gambling operations with respect to:
(1) an initial owner's license issued under IC 4-33-6; or
(2) the initial term of an operating agent contract entered into under IC 4-33-6.5;
after June 30, 2006.
As added by P.L.233-2007, SEC.21.
2023 Indiana Code › Title 4. State Offices and Administration › Article 35. Gambling Games at Racetracks › Chapter 9. Penalties › 4-35-9-2. Aiding, Inducing, or Causing an Underage Person to Enter; Class a Misdemeanor

Sec. 2. A person who knowingly or intentionally aids, induces, or causes a person who is:
(1) less than twenty-one (21) years of age; and
(2) not an employee of a licensee;
to enter or attempt to enter the licensee's gambling game facility commits a Class A misdemeanor.
As added by P.L.233-2007, SEC.21. Amended by P.L.255-2015, SEC.52.
2023 Indiana Code › Title 4. State Offices and Administration › Article 35. Gambling Games at Racetracks › Chapter 9. Penalties › 4-35-9-3.5. Underage Entry

Sec. 3.5. (a) A person who:
(1) is not an employee of a licensee;
(2) is less than twenty-one (21) years of age; and
(3) enters the licensee's gambling game facility;
commits a Class C infraction.
(b) A person who:
(1) is not an employee of a licensee;
(2) is less than twenty-one (21) years of age; and
(3) attempts to enter the licensee's gambling game facility;
commits a Class C infraction.
As added by P.L.158-2013, SEC.75. Amended by P.L.255-2015, SEC.53.
2023 Indiana Code › Title 4. State Offices and Administration › Article 35. Gambling Games at Racetracks › Chapter 9. Penalties › 4-35-9-4. Other Class a Misdemeanors

Sec. 4. A person who knowingly or intentionally:
(1) makes a false statement on an application submitted under this article;
(2) conducts a gambling game in a manner other than the manner required under this article; or
(3) wagers or accepts a wager at a location other than a licensee's gambling game facility;
commits a Class A misdemeanor.
As added by P.L.233-2007, SEC.21. Amended by P.L.255-2015, SEC.54.
2023 Indiana Code › Title 4. State Offices and Administration › Article 35. Gambling Games at Racetracks › Chapter 9. Penalties › 4-35-9-5. Level 6 Felonies

Sec. 5. A person who knowingly or intentionally does any of the following commits a Level 6 felony:
(1) Offers, promises, or gives anything of value or benefit:
(A) to a person who is connected with a licensee, including an officer or employee of a licensee; and
(B) under an agreement to influence or with the intent to influence:
(i) the actions of the person to whom the offer, promise, or gift was made in order to affect or attempt to affect the outcome of a gambling game; or
(ii) an official action of a commission member.
(2) Solicits, accepts, or receives a promise of anything of value or benefit:
(A) while the person is connected with a licensee, including as an officer or employee of a licensee; and
(B) under an agreement to influence or with the intent to influence:
(i) the actions of the person to affect or attempt to affect the outcome of a gambling game; or
(ii) an official action of a commission member.
(3) Uses or possesses with the intent to use a device to assist in:
(A) projecting the outcome of a gambling game;
(B) analyzing the probability of the occurrence of an event related to a gambling game; or
(C) analyzing the strategy for playing or betting to be used in a gambling game, except as permitted by the commission.
(4) Cheats at a gambling game.
(5) Manufactures, sells, or distributes any game or device that is intended to be used to violate this article.
(6) Alters or misrepresents the outcome of a gambling game on which wagers have been made after the outcome is made sure but before the outcome is revealed to the players.
(7) Places a bet on the outcome of a gambling game after acquiring knowledge that:
(A) is not available to all players; and
(B) concerns the outcome of the gambling game that is the subject of the bet.
(8) Aids a person in acquiring the knowledge described in subdivision (7) to place a bet contingent on the outcome of a gambling game.
(9) Claims, collects, takes, or attempts to claim, collect, or take money or anything of value in or from a gambling game:
(A) with the intent to defraud; or
(B) without having made a wager contingent on winning a gambling game.
(10) Claims, collects, or takes an amount of money or a thing of value that is of greater value than the amount won in a gambling game.
(11) Uses or possesses counterfeit tokens in or for use in a gambling game.
(12) Possesses a key or device designed for:
(A) opening, entering, or affecting the operation of a gambling game, a drop box, or an electronic or a mechanical device connected with the gambling game; or
(B) removing coins, tokens, or other contents of a gambling game.
This subdivision does not apply to a licensee or an employee of a licensee acting in the course of the employee's employment.
(13) Possesses materials used to manufacture a slug or device intended to be used in a manner that violates this article.
As added by P.L.233-2007, SEC.21. Amended by P.L.158-2013, SEC.76.
2023 Indiana Code › Title 4. State Offices and Administration › Article 35. Gambling Games at Racetracks › Chapter 9. Penalties › 4-35-9-6. Persons Prohibited From Wagering

Sec. 6. (a) The following individuals may not wager on gambling games at a facility licensed under this article:
(1) A member of the commission.
(2) An employee of the commission.
(3) The spouse of any individual listed in subdivisions (1) and (2).
(b) A person who knowingly or intentionally violates this section commits a Class C infraction. However, the violation is a Class A misdemeanor if the person has a prior unrelated adjudication or conviction for a violation of this section within the previous five (5) years.
As added by P.L.221-2013, SEC.5. Amended by P.L.32-2019, SEC.6.
2023 Indiana Code › Title 4. State Offices and Administration › Article 35. Gambling Games at Racetracks › Chapter 10. Employment › 4-35-10-1. Effect of a Collective Bargaining Agreement With Certain Pari-Mutuel Employees

Sec. 1. (a) This section applies if a permit holder's employees are covered under the terms of a collective bargaining agreement that is in effect at the time a gambling game license is issued to the permit holder under IC 4-35-5.
(b) If a permit holder has nonsupervisory employees whose work is:
(1) directly related to:
(A) pari-mutuel terminal operations; or
(B) money room functions associated with pari-mutuel wagering on horse racing; and
(2) covered under the terms of a collective bargaining agreement;
the permit holder shall, subject to subsection (c), staff nonsupervisory positions directly related to the operation of gambling games under this article with employees whose work is covered under the terms of a collective bargaining agreement.
(c) The employees described in subsection (b) must be qualified to meet the licensing requirements of this article and any criteria required by the commission in rules adopted under IC 4-22-2.
As added by P.L.233-2007, SEC.21.
2023 Indiana Code › Title 4. State Offices and Administration › Article 35. Gambling Games at Racetracks › Chapter 10. Employment › 4-35-10-2. Collective Bargaining Agreement Permitted

Sec. 2. The job classifications, job duties, wage rates, and benefits of nonsupervisory positions related to gambling games may be established by agreement of the parties to a collective bargaining agreement or, in the absence of an agreement, by the permit holder.
As added by P.L.233-2007, SEC.21.
2023 Indiana Code › Title 4. State Offices and Administration › Article 35. Gambling Games at Racetracks › Chapter 10. Employment › 4-35-10-3. Confidential Information

Sec. 3. (a) The following information submitted, collected, or gathered as part of an application to the commission for a license is confidential for purposes of IC 5-14-3-4:
(1) Any information concerning a minor child of an applicant.
(2) The Social Security number of an applicant or the spouse of an applicant.
(3) The home telephone number of an applicant or the spouse or children of an applicant.
(4) An applicant's birth certificate.
(5) An applicant's or applicant's spouse's driver's license number.
(6) The name or address of a previous spouse of the applicant.
(7) The date of birth of the spouse of an applicant.
(8) The place of birth of the spouse of an applicant.
(9) The personal financial records of an applicant or the spouse or minor child of an applicant.
(10) Any information concerning a victim of domestic violence, sexual assault, or stalking.
(11) The electronic mail address of an applicant or spouse or family member of the applicant.
(b) Except as provided in subsections (c) and (d), in addition to information that is confidential under subsection (a), all information maintained by the commission concerning an individual who holds, held, or has applied for an occupational license under this article:
(1) is confidential for purposes of IC 5-14-3; and
(2) may be released by the commission only for law enforcement purposes or to a state or local public agency.
(c) The following information concerning an individual who holds, held, or has applied for an occupational license under this article is not confidential:
(1) The individual's name.
(2) The individual's place of employment.
(3) The individual's job title.
(4) The individual's gaming experience.
(5) The reason for denial or revocation of a license or for disciplinary action against the individual.
(6) Information submitted by the individual for a felony waiver request under IC 4-33-8-11.
(d) An individual who holds, held, or has applied for an occupational license under this article may waive the confidentiality requirements of subsection (b).
As added by P.L.104-2008, SEC.3.
2023 Indiana Code › Title 4. State Offices and Administration › Article 35. Gambling Games at Racetracks › Chapter 11. Minority and Women's Business Participation › 4-35-11-1. Application of Chapter

Sec. 1. This chapter applies to persons holding a permit to operate a racetrack under IC 4-31-5 at which gambling games are licensed under this article.
As added by P.L.233-2007, SEC.21. Amended by P.L.255-2015, SEC.55.
2023 Indiana Code › Title 4. State Offices and Administration › Article 35. Gambling Games at Racetracks › Chapter 11. Minority and Women's Business Participation › 4-35-11-2. Legislative Declaration

Sec. 2. The general assembly declares that it is essential for minority and women's business enterprises to have the opportunity for full participation in the racetrack industry if minority and women's business enterprises are to obtain social and economic parity and if the economies of the cities, towns, and counties in which gambling games are operated at racetracks are to be stimulated as contemplated by this article.
As added by P.L.233-2007, SEC.21. Amended by P.L.255-2015, SEC.56.
2023 Indiana Code › Title 4. State Offices and Administration › Article 35. Gambling Games at Racetracks › Chapter 11. Minority and Women's Business Participation › 4-35-11-3. "Minority"

Sec. 3. As used in this chapter, "minority" means a member of a minority group (as defined in IC 4-13-16.5-1).
As added by P.L.233-2007, SEC.21. Amended by P.L.87-2008, SEC.3.
2023 Indiana Code › Title 4. State Offices and Administration › Article 35. Gambling Games at Racetracks › Chapter 11. Minority and Women's Business Participation › 4-35-11-4. "Minority Business Enterprise"

Sec. 4. As used in this chapter, "minority business enterprise" has the meaning set forth in IC 4-13-16.5-1.
As added by P.L.233-2007, SEC.21. Amended by P.L.87-2008, SEC.4.
2023 Indiana Code › Title 4. State Offices and Administration › Article 35. Gambling Games at Racetracks › Chapter 11. Minority and Women's Business Participation › 4-35-11-5. "Women's Business Enterprise"

Sec. 5. As used in this chapter, "women's business enterprise" has the meaning set forth in IC 4-13-16.5-1.
As added by P.L.233-2007, SEC.21. Amended by P.L.87-2008, SEC.5; P.L.15-2020, SEC.11.
2023 Indiana Code › Title 4. State Offices and Administration › Article 35. Gambling Games at Racetracks › Chapter 11. Minority and Women's Business Participation › 4-35-11-6. Goods and Services; Contracts Awarded to Minority and Women's Business Enterprises

Sec. 6. (a) As used in this section, "goods and services" does not include the following:
(1) Utilities and taxes.
(2) Financing costs, mortgages, loans, or other debt.
(3) Medical insurance.
(4) Fees and payments to a parent or an affiliated company of a permit holder or other fees and payments for goods and services supplied by nonaffiliated persons through an affiliated company for the use or benefit of the permit holder.
(5) Rents paid for real property or payments constituting the price of an interest in real property as a result of a real estate transaction.
(b) Notwithstanding any law or rule to the contrary, the commission shall establish goals for permit holders concerning contracts for goods and services with minority business enterprises and women's business enterprises. The goals under this subsection must be equal to goals set by the commission under IC 4-33-14-5 for contracts awarded for goods or services.
(c) A permit holder shall submit quarterly reports to the commission that outline the total dollar value of contracts awarded for goods and services and the percentage of contracts awarded to minority and women's business enterprises.
(d) A permit holder shall make a good faith effort to meet the requirements of this section and shall quarterly, unless otherwise directed by the commission, demonstrate to the commission at a public meeting that an effort was made to meet the requirements.
(e) A permit holder may fulfill not more than seventy percent (70%) of an obligation under this chapter by requiring a vendor to set aside a part of a contract for minority or women's business enterprises. Upon request, the permit holder shall provide the commission with proof of the amount of the set aside.
As added by P.L.233-2007, SEC.21.
2023 Indiana Code › Title 4. State Offices and Administration › Article 35. Gambling Games at Racetracks › Chapter 11. Minority and Women's Business Participation › 4-35-11-7. Enforcement

Sec. 7. If the commission determines that the provisions of this chapter relating to expenditures and assignments to minority and women's business enterprises have not been met, the commission may suspend, limit, or revoke the person's license or permit, or may fine or impose appropriate conditions on the license or permit to ensure that the goals for expenditures and assignments to minority and women's business enterprises are met. However, if a determination is made that a permit holder has failed to demonstrate compliance with this chapter, the person has ninety (90) days from the date of the determination of noncompliance to comply.
As added by P.L.233-2007, SEC.21.
2023 Indiana Code › Title 4. State Offices and Administration › Article 35. Gambling Games at Racetracks › Chapter 11. Minority and Women's Business Participation › 4-35-11-8. Certification Procedure

Sec. 8. The commission shall use the certifications made under IC 4-13-16.5 for minority and women's business enterprises that do business with horse track operations on contracts for goods or services or contracts for business.
As added by P.L.233-2007, SEC.21. Amended by P.L.87-2008, SEC.6.
2023 Indiana Code › Title 4. State Offices and Administration › Article 35. Gambling Games at Racetracks › Chapter 11. Minority and Women's Business Participation › 4-35-11-9. List of Certified Enterprises

Sec. 9. The commission shall supply permit holders with a list of minority and women's business enterprises certified under section 8 of this chapter.
As added by P.L.233-2007, SEC.21. Amended by P.L.87-2008, SEC.7.
2023 Indiana Code › Title 4. State Offices and Administration › Article 35. Gambling Games at Racetracks › Chapter 12. Gambling Games Temporarily Conducted by a Trustee › 4-35-12-1. Application of Chapter

Sec. 1. This chapter applies only to a trustee acting under the authority of:
(1) a resolution adopted by the commission authorizing the trustee to conduct gambling games under this chapter; and
(2) either of the following:
(A) A written power of attorney approved by the commission under IC 4-35-5-9.
(B) An appointment by the commission under IC 4-35-4-14.
As added by P.L.142-2009, SEC.28.
2023 Indiana Code › Title 4. State Offices and Administration › Article 35. Gambling Games at Racetracks › Chapter 12. Gambling Games Temporarily Conducted by a Trustee › 4-35-12-2. Exercise of Power Delegated by Power of Attorney Prohibited Unless Authorized by the Commission

Sec. 2. A person may not exercise any powers delegated under a power of attorney submitted under IC 4-35-5-9 unless the commission adopts a resolution under section 3 of this chapter.
As added by P.L.142-2009, SEC.28.
2023 Indiana Code › Title 4. State Offices and Administration › Article 35. Gambling Games at Racetracks › Chapter 12. Gambling Games Temporarily Conducted by a Trustee › 4-35-12-3. Resolution Authorizing a Trustee to Conduct Gambling Games at a Racetrack

Sec. 3. The commission may adopt a resolution authorizing a trustee to temporarily conduct gambling games at a racetrack if any of the following occur with respect to that particular racetrack:
(1) The commission revokes the owner's permit or gambling game license.
(2) The commission declines to renew the owner's permit or gambling game license.
(3) A proposed transferee is denied a permit under IC 4-31 or a gambling game license under this article when attempting to purchase the racetrack and obtain a permit, but the person who attempted to sell the racetrack is unable or unwilling to retain ownership or control of the racetrack.
(4) A permit holder agrees in writing to relinquish control of the racetrack to a trustee as approved by the commission.
As added by P.L.142-2009, SEC.28.
2023 Indiana Code › Title 4. State Offices and Administration › Article 35. Gambling Games at Racetracks › Chapter 12. Gambling Games Temporarily Conducted by a Trustee › 4-35-12-4. Effective Date of Power of Attorney

Sec. 4. A power of attorney designating a trustee to conduct gambling games at a racetrack is effective on the date designated by the commission in a resolution authorizing the trustee to conduct gambling games under this chapter. The power of attorney remains in effect until the date the trusteeship established by the operation of the power of attorney is terminated by resolution of the commission.
As added by P.L.142-2009, SEC.28.
2023 Indiana Code › Title 4. State Offices and Administration › Article 35. Gambling Games at Racetracks › Chapter 12. Gambling Games Temporarily Conducted by a Trustee › 4-35-12-5. General Power of Attorney Law Applies

Sec. 5. (a) IC 30-5 applies to a trustee exercising powers under this chapter.
(b) For purposes of IC 30-5, a trustee is an attorney in fact.
As added by P.L.142-2009, SEC.28.
2023 Indiana Code › Title 4. State Offices and Administration › Article 35. Gambling Games at Racetracks › Chapter 12. Gambling Games Temporarily Conducted by a Trustee › 4-35-12-6. Trustee Requirements

Sec. 6. A trustee who conducts gambling games at a racetrack:
(1) must:
(A) be eligible to receive an occupational license under IC 4-35-6.5; and
(B) satisfy the requirements of any rule adopted by the commission under IC 4-35-6.5-4;
(2) must conduct the gambling games within the same standards for character, reputation, and financial integrity that are imposed upon a permit holder by this article;
(3) must submit to the commission any information requested by the commission; and
(4) is charged with all the duties imposed upon a permit holder under this article.
As added by P.L.142-2009, SEC.28.
2023 Indiana Code › Title 4. State Offices and Administration › Article 35. Gambling Games at Racetracks › Chapter 12. Gambling Games Temporarily Conducted by a Trustee › 4-35-12-7. Trustee's Duties

Sec. 7. (a) A trustee acting under the authority of this chapter must fulfill the trustee's duties as a fiduciary for the owner of the racetrack. In addition, the trustee shall consider the effect of the trustee's actions upon:
(1) the amount of taxes and fees remitted by the trustee under this article;
(2) the racetrack's surrounding community;
(3) the racetrack's employees; and
(4) the creditors of the owner of the racetrack.
(b) In balancing the interests described in subsection (a), a trustee shall conduct gambling games at the racetrack in a manner that enhances the credibility and integrity of gambling games in Indiana while minimizing disruptions to tax revenues, fee remissions, employment, and credit obligations.
As added by P.L.142-2009, SEC.28.
2023 Indiana Code › Title 4. State Offices and Administration › Article 35. Gambling Games at Racetracks › Chapter 12. Gambling Games Temporarily Conducted by a Trustee › 4-35-12-8. Duty of Racetrack Owner to Sell a Racetrack at Which a Trustee Conducts Gambling Games

Sec. 8. (a) A person who directly or indirectly owns a racetrack that is the subject of a resolution described in section 3 of this chapter has one hundred eighty (180) days after the date on which the commission adopts the resolution to sell the racetrack (and its related properties described in section 9 of this chapter) to another person that:
(1) satisfies the requirements of IC 4-31 for obtaining a permit and this article for obtaining a gambling game license; and
(2) is approved by the commission.
(b) If the person is unable to sell the racetrack (and its related properties described in section 9 of this chapter) in the time required by subsection (a), the trustee may take any action necessary to sell the properties to another person that:
(1) satisfies the requirements of IC 4-31 for obtaining a permit and this article for obtaining a gambling game license; and
(2) is approved by the commission.
As added by P.L.142-2009, SEC.28.
2023 Indiana Code › Title 4. State Offices and Administration › Article 35. Gambling Games at Racetracks › Chapter 12. Gambling Games Temporarily Conducted by a Trustee › 4-35-12-9. Operation of Related Properties

Sec. 9. A trustee acting under the authority of this chapter may conduct the operations of any hotel, restaurant, golf course, or other amenity related to the racetrack's gambling game facility.
As added by P.L.142-2009, SEC.28. Amended by P.L.255-2015, SEC.57.
2023 Indiana Code › Title 4. State Offices and Administration › Article 35. Gambling Games at Racetracks › Chapter 12. Gambling Games Temporarily Conducted by a Trustee › 4-35-12-10. Trustee Compensation

Sec. 10. A trustee is entitled to reasonable compensation for carrying out the duties imposed upon the trustee under this chapter. The trustee's compensation must be:
(1) approved by the commission; and
(2) paid by the owner of the racetrack that is the subject of a resolution described in section 3 of this chapter.
As added by P.L.142-2009, SEC.28.
2023 Indiana Code › Title 4. State Offices and Administration › Article 35. Gambling Games at Racetracks › Chapter 12. Gambling Games Temporarily Conducted by a Trustee › 4-35-12-11. Liability Insurance

Sec. 11. A permit holder shall purchase liability insurance, in an amount determined by the commission, to protect the trustee appointed to conduct gambling games on behalf of the permit holder from liability for any act or omission by the trustee occurring within the scope of the trustee's duties. The insurance coverage required by this section must apply to the entire period of the trusteeship.
As added by P.L.142-2009, SEC.28.
2023 Indiana Code › Title 4. State Offices and Administration › Article 35. Gambling Games at Racetracks › Chapter 12. Gambling Games Temporarily Conducted by a Trustee › 4-35-12-12. Power to Revoke, Modify, or Amend a Resolution Authorizing a Trustee to Conduct Gambling Games at a Racetrack

Sec. 12. (a) Except as provided in subsection (b), the commission may revoke, modify, or amend a resolution authorizing a trustee to conduct gambling games under this chapter upon a showing of good cause after a public meeting. A public meeting held under this subsection may be conducted by the commission or the executive director.
(b) In an emergency that requires immediate action to protect the credibility and integrity of gambling games authorized by this article, the commission may, without holding a hearing, take the following actions concerning a trustee whose actions have created the emergency:
(1) Revoke the resolution authorizing the trustee to conduct gambling games under this chapter.
(2) Remove the trustee from the control of the racetrack subject to the revoked resolution.
As added by P.L.142-2009, SEC.28.
2023 Indiana Code › Title 4. State Offices and Administration › Article 36. Type Ii Gaming in Establishments Licensed to Sell Alcoholic Beverages › Chapter 1. General Provisions › 4-36-1-1. Exemption From Federal Gambling Statute

Sec. 1. Under 15 U.S.C. 1172, approved January 2, 1951, the state of Indiana, acting by and through the elected and qualified members of the legislature, declares that the state is exempt from 15 U.S.C. 1172.
As added by P.L.95-2008, SEC.13.
2023 Indiana Code › Title 4. State Offices and Administration › Article 36. Type Ii Gaming in Establishments Licensed to Sell Alcoholic Beverages › Chapter 1. General Provisions › 4-36-1-2. Shipments of Gambling Games Authorized

Sec. 2. All shipments of gambling games authorized under this article to distributors and retailers in Indiana, the registering, recording, and labeling of which have been completed by the manufacturer or dealer in accordance with 15 U.S.C. 1171 through 15 U.S.C. 1178, are legal shipments of gambling devices into the state of Indiana.
As added by P.L.95-2008, SEC.13.
2023 Indiana Code › Title 4. State Offices and Administration › Article 36. Type Ii Gaming in Establishments Licensed to Sell Alcoholic Beverages › Chapter 1. General Provisions › 4-36-1-3. Application of Article

Sec. 3. This article does not apply to the following:
(1) The Indiana state lottery established under IC 4-30.
(2) Pari-mutuel horse racing under IC 4-31.
(3) Charity gaming under IC 4-32.3.
(4) Riverboat gambling under IC 4-33.
(5) Wagering on gambling games under IC 4-35.
As added by P.L.95-2008, SEC.13. Amended by P.L.255-2015, SEC.58; P.L.58-2019, SEC.12.
2023 Indiana Code › Title 4. State Offices and Administration › Article 36. Type Ii Gaming in Establishments Licensed to Sell Alcoholic Beverages › Chapter 1. General Provisions › 4-36-1-4. Electronic Gaming Devices Not Authorized by Article

Sec. 4. Nothing in this article may be construed to authorize the use of an electronic gaming device in a type II gambling operation.
As added by P.L.95-2008, SEC.13.
2023 Indiana Code › Title 4. State Offices and Administration › Article 36. Type Ii Gaming in Establishments Licensed to Sell Alcoholic Beverages › Chapter 2. Definitions › 4-36-2-2. "Commission"

Sec. 2. "Commission" means the alcohol and tobacco commission created by IC 7.1-2-1-1.
As added by P.L.95-2008, SEC.13.
2023 Indiana Code › Title 4. State Offices and Administration › Article 36. Type Ii Gaming in Establishments Licensed to Sell Alcoholic Beverages › Chapter 2. Definitions › 4-36-2-3. "Deal"

Sec. 3. "Deal" means each separate game or series of pull tab tickets with a specific form number and a unique serial number.
As added by P.L.95-2008, SEC.13.
2023 Indiana Code › Title 4. State Offices and Administration › Article 36. Type Ii Gaming in Establishments Licensed to Sell Alcoholic Beverages › Chapter 2. Definitions › 4-36-2-5. "Distributor"

Sec. 5. "Distributor" means a person licensed to distribute pull tabs, punchboards, and tip boards under IC 4-32.3.
As added by P.L.95-2008, SEC.13. Amended by P.L.58-2019, SEC.13.