Second Regular Session 113th General Assembly (2004)
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HOUSE ENROLLED ACT No. 1117
AN ACT to amend the Indiana Code concerning gaming.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 4-33-4-3; (04)HE1117.1.1. -->
SECTION 1. IC 4-33-4-3, AS AMENDED BY P.L.143-2003,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 3. (a) The commission shall do the following:
(1) Adopt rules that the commission determines necessary to
protect or enhance the following:
(A) The credibility and integrity of gambling operations
authorized by this article.
(B) The regulatory process provided in this article.
(2) Conduct all hearings concerning civil violations of this article.
(3) Provide for the establishment and collection of license fees
and taxes imposed under this article.
(4) Deposit the license fees and taxes in the state gaming fund
established by IC 4-33-13.
(5) Levy and collect penalties for noncriminal violations of this
article.
(6) Deposit the penalties in the state gaming fund established by
IC 4-33-13.
(7) Be present through the commission's inspectors and agents
during the time gambling operations are conducted on a riverboat
to do the following:
(A) Certify the revenue received by a riverboat.
(B) Receive complaints from the public.
(C) Conduct other investigations into the conduct of the
gambling games and the maintenance of the equipment that
the commission considers necessary and proper.
(8) Adopt emergency rules under IC 4-22-2-37.1 if the
commission determines that:
(A) the need for a rule is so immediate and substantial that
rulemaking procedures under IC 4-22-2-13 through
IC 4-22-2-36 are inadequate to address the need; and
(B) an emergency rule is likely to address the need.
(9) Adopt rules to establish and implement a voluntary exclusion
program that meets the requirements of subsection (c).
(b) The commission shall begin rulemaking procedures under
IC 4-22-2-13 through IC 4-22-2-36 to adopt an emergency rule adopted
under subsection (a)(8) not later than thirty (30) days after the adoption
of the emergency rule under subsection (a)(8).
(c) Rules adopted under subsection (a)(9) must provide the
following:
(1) Except as provided by rule of the commission, a person who
participates in the voluntary exclusion program agrees to refrain
from entering a riverboat or other facility under the jurisdiction of
the commission.
(2) That the name of a person participating in the program will be
included on a list of persons excluded from all facilities under the
jurisdiction of the commission.
(3) Except as provided by rule of the commission, a person who
participates in the voluntary exclusion program may not petition
the commission for readmittance to a facility under the
jurisdiction of the commission.
(4) That the list of patrons entering the voluntary exclusion
program
is and the personal information of the participants
are confidential and may only be disseminated by the commission
to the owner
or operator of a facility under the jurisdiction of the
commission for purposes of enforcement
and to other entities,
upon request by the participant and agreement by the
commission.
(5) That the personal information of a person who participates in
the voluntary exclusion program is confidential.
(6) (5) That an owner of a facility under the jurisdiction of the
commission shall make all reasonable attempts as determined by
the commission to cease all direct marketing efforts to a person
participating in the program.
(7) (6) That an owner of a facility under the jurisdiction of the
commission may not cash the check of a person participating in
the program or extend credit to the person in any manner.
However, the voluntary exclusion program does not preclude an
owner from seeking the payment of a debt accrued by a person
before entering the program.