Citations Affected: IC 4-31; IC 4-33; IC 4-35; IC 35-45-5.
Synopsis: Slot machines. Requires that live horse racing be conducted
at least 160 days each year at a permit holder's racetrack. Terminates
payments from the riverboat admissions and wagering taxes to the
horse racing commission after June 30, 2007. Authorizes 500 slot
machines for each racetrack and each satellite facility. Imposes an
annual license fee equal to $100 per slot machine. Provides that a
permit holder who is issued a license to offer slot machines forfeits the
privilege of opening a satellite facility that is otherwise permitted by
statute.
Effective: July 1, 2006.
January 9, 2006, read first time and referred to Committee on Rules and Legislative
Procedure.
A BILL FOR AN ACT to amend the Indiana Code concerning
gaming.
that the commission is authorized to carry out under IC 15-1.5-3.
(5) Except as provided in subsection (k), ten cents ($0.10) of the
admissions tax collected by the licensed owner for each person:
(A) embarking on a gambling excursion during the quarter; or
(B) admitted to a riverboat during the quarter that has
implemented flexible scheduling under IC 4-33-6-21;
shall be paid to the division of mental health and addiction. The
division shall allocate at least twenty-five percent (25%) of the
funds derived from the admissions tax to the prevention and
treatment of compulsive gambling.
(6) Except as provided in subsection (k) and section 7 of this
chapter, sixty-five cents ($0.65) of the admissions tax collected
by the licensed owner for each person embarking on a gambling
excursion during the quarter or admitted to a riverboat during the
quarter that has implemented flexible scheduling under
IC 4-33-6-21 shall be paid to the Indiana horse racing commission
to be distributed as follows, in amounts determined by the Indiana
horse racing commission, for the promotion and operation of
horse racing in Indiana:
(A) To one (1) or more breed development funds established
by the Indiana horse racing commission under IC 4-31-11-10.
(B) To a racetrack that was approved by the Indiana horse
racing commission under IC 4-31. The commission may make
a grant under this clause only for purses, promotions, and
routine operations of the racetrack. No grants shall be made
for long term capital investment or construction, and no grants
shall be made before the racetrack becomes operational and is
offering a racing schedule.
(c) With respect to tax revenue collected from a riverboat located in
a historic hotel district, the treasurer of state shall quarterly pay the
following amounts:
(1) Twenty-five percent (25%) of the admissions tax collected
during the quarter shall be paid to the county treasurer of the
county in which the riverboat is docked. The county treasurer
shall distribute the money received under this subdivision as
follows:
(A) Twenty percent (20%) shall be quarterly distributed to the
county treasurer of a county having a population of more than
thirty-nine thousand six hundred (39,600) but less than forty
thousand (40,000) for appropriation by the county fiscal body
after receiving a recommendation from the county executive.
The county fiscal body for the receiving county shall provide
for the distribution of the money received under this clause to
one (1) or more taxing units (as defined in IC 6-1.1-1-21) in
the county under a formula established by the county fiscal
body after receiving a recommendation from the county
executive.
(B) Twenty percent (20%) shall be quarterly distributed to the
county treasurer of a county having a population of more than
ten thousand seven hundred (10,700) but less than twelve
thousand (12,000) for appropriation by the county fiscal body.
The county fiscal body for the receiving county shall provide
for the distribution of the money received under this clause to
one (1) or more taxing units (as defined in IC 6-1.1-1-21) in
the county under a formula established by the county fiscal
body after receiving a recommendation from the county
executive.
(C) Sixty percent (60%) shall be retained by the county where
the riverboat is docked for appropriation by the county fiscal
body after receiving a recommendation from the county
executive. The county fiscal body shall provide for the
distribution of part or all of the money received under this
clause to the following under a formula established by the
county fiscal body:
(i) A town having a population of more than two thousand
two hundred (2,200) but less than three thousand five
hundred (3,500) located in a county having a population of
more than nineteen thousand three hundred (19,300) but less
than twenty thousand (20,000).
(ii) A town having a population of more than three thousand
five hundred (3,500) located in a county having a population
of more than nineteen thousand three hundred (19,300) but
less than twenty thousand (20,000).
(2) Sixteen percent (16%) of the admissions tax collected during
the quarter shall be paid in equal amounts to each town that:
(A) is located in the county in which the riverboat docks; and
(B) contains a historic hotel.
The town council shall appropriate a part of the money received
by the town under this subdivision to the budget of the town's
tourism commission.
(3) Nine percent (9%) of the admissions tax collected during the
quarter shall be paid to the historic hotel preservation commission
established under IC 36-7-11.5.
(4) Twenty-five percent (25%) of the admissions tax collected
during the quarter shall be paid to the West Baden Springs
historic hotel preservation and maintenance fund established by
IC 36-7-11.5-11(b).
(5) Twenty-five percent (25%) of the admissions tax collected
during the quarter shall be paid to the Indiana economic
development corporation to be used by the corporation for the
development and implementation of a regional economic
development strategy to assist the residents of the county in which
the riverboat is located and residents of contiguous counties in
improving their quality of life and to help promote successful and
sustainable communities. The regional economic development
strategy must include goals concerning the following issues:
(A) Job creation and retention.
(B) Infrastructure, including water, wastewater, and storm
water infrastructure needs.
(C) Housing.
(D) Workforce training.
(E) Health care.
(F) Local planning.
(G) Land use.
(H) Assistance to regional economic development groups.
(I) Other regional development issues as determined by the
Indiana economic development corporation.
(d) With respect to tax revenue collected from a riverboat that
operates from a county having a population of more than four hundred
thousand (400,000) but less than seven hundred thousand (700,000),
the treasurer of state shall quarterly pay the following amounts:
(1) Except as provided in subsection (k), one dollar ($1) of the
admissions tax collected by the licensed owner for each person:
(A) embarking on a gambling excursion during the quarter; or
(B) admitted to a riverboat during the quarter that has
implemented flexible scheduling under IC 4-33-6-21;
shall be paid to the city in which the riverboat is docked.
(2) Except as provided in subsection (k), one dollar ($1) of the
admissions tax collected by the licensed owner for each person:
(A) embarking on a gambling excursion during the quarter; or
(B) admitted to a riverboat during the quarter that has
implemented flexible scheduling under IC 4-33-6-21;
shall be paid to the county in which the riverboat is docked.
(3) Except as provided in subsection (k), nine cents ($0.09) of the
admissions tax collected by the licensed owner for each person:
(A) embarking on a gambling excursion during the quarter; or
routine operations of the racetrack. No grants shall be made
for long term capital investment or construction, and no grants
shall be made before the racetrack becomes operational and is
offering a racing schedule.
(e) Money paid to a unit of local government under subsection
(b)(1) through (b)(2), (c)(1) through (c)(2), or (d)(1) through (d)(2):
(1) must be paid to the fiscal officer of the unit and may be
deposited in the unit's general fund or riverboat fund established
under IC 36-1-8-9, or both;
(2) may not be used to reduce the unit's maximum levy under
IC 6-1.1-18.5 but may be used at the discretion of the unit to
reduce the property tax levy of the unit for a particular year;
(3) may be used for any legal or corporate purpose of the unit,
including the pledge of money to bonds, leases, or other
obligations under IC 5-1-14-4; and
(4) is considered miscellaneous revenue.
(f) Money paid by the treasurer of state under subsection (b)(3) or
(d)(3) shall be:
(1) deposited in:
(A) the county convention and visitor promotion fund; or
(B) the county's general fund if the county does not have a
convention and visitor promotion fund; and
(2) used only for the tourism promotion, advertising, and
economic development activities of the county and community.
(g) Money received by the division of mental health and addiction
under subsections (b)(5) and (d)(6):
(1) is annually appropriated to the division of mental health and
addiction;
(2) shall be distributed to the division of mental health and
addiction at times during each state fiscal year determined by the
budget agency; and
(3) shall be used by the division of mental health and addiction
for programs and facilities for the prevention and treatment of
addictions to drugs, alcohol, and compulsive gambling, including
the creation and maintenance of a toll free telephone line to
provide the public with information about these addictions. The
division shall allocate at least twenty-five percent (25%) of the
money received to the prevention and treatment of compulsive
gambling.
(h) This subsection applies to the following:
(1) Each entity receiving money under subsection (b).
(2) Each entity receiving money under subsection (d)(1) through
(d)(2).
(3) Each entity receiving money under subsection (d)(5) through
(d)(7).
The treasurer of state shall determine the total amount of money paid
by the treasurer of state to an entity subject to this subsection during
the state fiscal year 2002. The amount determined under this subsection
is the base year revenue for each entity subject to this subsection. The
treasurer of state shall certify the base year revenue determined under
this subsection to each entity subject to this subsection.
(i) This subsection applies to an entity receiving money under
subsection (d)(3) or (d)(4). The treasurer of state shall determine the
total amount of money paid by the treasurer of state to the entity
described in subsection (d)(3) during state fiscal year 2002. The
amount determined under this subsection multiplied by nine-tenths
(0.9) is the base year revenue for the entity described in subsection
(d)(3). The amount determined under this subsection multiplied by
one-tenth (0.1) is the base year revenue for the entity described in
subsection (d)(4). The treasurer of state shall certify the base year
revenue determined under this subsection to each entity subject to this
subsection.
(j) This subsection does not apply to an entity receiving money
under subsection (c). For state fiscal years beginning after June 30,
2002, the total amount of money distributed to an entity under this
section during a state fiscal year may not exceed the entity's base year
revenue as determined under subsection (h) or (i). If the treasurer of
state determines that the total amount of money distributed to an entity
under this section during a state fiscal year is less than the entity's base
year revenue, the treasurer of state shall make a supplemental
distribution to the entity under IC 4-33-13-5(g).
(k) This subsection does not apply to an entity receiving money
under subsection (c). For state fiscal years beginning after June 30,
2002, the treasurer of state shall pay that part of the riverboat
admissions taxes that:
(1) exceed exceeds a particular entity's base year revenue; and
(2) would otherwise be due to the entity under this section;
to the property tax replacement fund instead of to the entity.
admissions taxes specified in:
(1) section 6(b)(6) of this chapter; and
(2) section 6(d)(7) of this chapter;
to the state general fund instead of to the Indiana horse racing
commission.
funds are appropriated under section 4 of this chapter, each month the
treasurer of state shall distribute the tax revenue deposited in the state
gaming fund under this chapter as follows:
(1) Thirty-seven and one-half percent (37.5%) shall be paid to the
property tax replacement fund established under IC 6-1.1-21.
(2) Thirty-seven and one-half percent (37.5%) shall be paid to the
West Baden Springs historic hotel preservation and maintenance
fund established by IC 36-7-11.5-11(b). However, at any time the
balance in that fund exceeds twenty million dollars
($20,000,000), the amount described in this subdivision shall be
paid to the property tax replacement fund established under
IC 6-1.1-21.
(3) Five percent (5%) shall be paid to the historic hotel
preservation commission established under IC 36-7-11.5.
(4) Ten percent (10%) shall be paid in equal amounts to each
town that:
(A) is located in the county in which the riverboat docks; and
(B) contains a historic hotel.
The town council shall appropriate a part of the money received
by the town under this subdivision to the budget of the town's
tourism commission.
(5) Ten percent (10%) shall be paid to the county treasurer of the
county in which the riverboat is docked. The county treasurer
shall distribute the money received under this subdivision as
follows:
(A) Twenty percent (20%) shall be quarterly distributed to the
county treasurer of a county having a population of more than
thirty-nine thousand six hundred (39,600) but less than forty
thousand (40,000) for appropriation by the county fiscal body
after receiving a recommendation from the county executive.
The county fiscal body for the receiving county shall provide
for the distribution of the money received under this clause to
one (1) or more taxing units (as defined in IC 6-1.1-1-21) in
the county under a formula established by the county fiscal
body after receiving a recommendation from the county
executive.
(B) Twenty percent (20%) shall be quarterly distributed to the
county treasurer of a county having a population of more than
ten thousand seven hundred (10,700) but less than twelve
thousand (12,000) for appropriation by the county fiscal body
after receiving a recommendation from the county executive.
The county fiscal body for the receiving county shall provide
for the distribution of the money received under this clause to
one (1) or more taxing units (as defined in IC 6-1.1-1-21) in
the county under a formula established by the county fiscal
body after receiving a recommendation from the county
executive.
(C) Sixty percent (60%) shall be retained by the county where
the riverboat is docked for appropriation by the county fiscal
body after receiving a recommendation from the county
executive. The county fiscal body shall provide for the
distribution of part or all of the money received under this
clause to the following under a formula established by the
county fiscal body:
(i) A town having a population of more than two thousand
two hundred (2,200) but less than three thousand five
hundred (3,500) located in a county having a population of
more than nineteen thousand three hundred (19,300) but less
than twenty thousand (20,000).
(ii) A town having a population of more than three thousand
five hundred (3,500) located in a county having a population
of more than nineteen thousand three hundred (19,300) but
less than twenty thousand (20,000).
(c) For each city and county receiving money under subsection
(a)(2), the treasurer of state shall determine the total amount of money
paid by the treasurer of state to the city or county during the state fiscal
year 2002. The amount determined is the base year revenue for the city
or county. The treasurer of state shall certify the base year revenue
determined under this subsection to the city or county. The total
amount of money distributed to a city or county under this section
during a state fiscal year may not exceed the entity's base year revenue.
For each state fiscal year, the treasurer of state shall pay that part of the
riverboat wagering taxes that:
(1) exceeds a particular city's or county's base year revenue; and
(2) would otherwise be due to the city or county under this
section;
to the property tax replacement fund instead of to the city or county.
(d) Each state fiscal year the treasurer of state shall transfer from the
tax revenue remitted to the property tax replacement fund under
subsection (a)(3) to the build Indiana fund an amount that when added
to the following may not exceed two hundred fifty million dollars
($250,000,000):
(1) Surplus lottery revenues under IC 4-30-17-3.
(2) Surplus revenue from the charity gaming enforcement fund
under IC 4-32-10-6.
(3) Tax revenue from pari-mutuel wagering under IC 4-31-9-3.
The treasurer of state shall make transfers on a monthly basis as needed
to meet the obligations of the build Indiana fund. If in any state fiscal
year insufficient money is transferred to the property tax replacement
fund under subsection (a)(3) to comply with this subsection, the
treasurer of state shall reduce the amount transferred to the build
Indiana fund to the amount available in the property tax replacement
fund from the transfers under subsection (a)(3) for the state fiscal year.
(e) Before August 15 of each year, the treasurer of state shall
distribute the wagering taxes set aside for revenue sharing under
subsection (a)(1) to the county treasurer of each county that does not
have a riverboat according to the ratio that the county's population
bears to the total population of the counties that do not have a
riverboat. Except as provided in subsection (h), the county auditor shall
distribute the money received by the county under this subsection 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 in subdivisions (1) and (2) are
made, the remainder shall be retained by the county.
(f) Money received by a city, town, or county under subsection (e)
or (h) may be used for any of the following purposes:
(1) To reduce the property tax levy of the city, town, or county for
a particular year (a property tax reduction under this subdivision
does not reduce the maximum levy of the city, town, or county
under IC 6-1.1-18.5).
(2) For deposit in a special fund or allocation fund created under
IC 8-22-3.5, IC 36-7-14, IC 36-7-14.5, IC 36-7-15.1, and
IC 36-7-30 to provide funding for additional credits for property
tax replacement in property tax increment allocation areas or debt
repayment.
(3) To fund sewer and water projects, including storm water
management projects.
(4) For police and fire pensions.
(5) To carry out any governmental purpose for which the money
is appropriated by the fiscal body of the city, town, or county.
Money used under this subdivision does not reduce the property
tax levy of the city, town, or county for a particular year or reduce
the maximum levy of the city, town, or county under
IC 6-1.1-18.5.
(g) This subsection does not apply to an entity receiving money
under IC 4-33-12-6(c). Before September 15 of each year, the treasurer
of state shall determine the total amount of money distributed to an
entity under IC 4-33-12-6 during the preceding state fiscal year. If the
treasurer of state determines that the total amount of money distributed
to an entity under IC 4-33-12-6 during the preceding state fiscal year
was less than the entity's base year revenue (as determined under
IC 4-33-12-6), the treasurer of state shall make a supplemental
distribution to the entity from taxes collected under this chapter and
deposited into the property tax replacement fund. Except as provided
in subsection (i), the amount of the an entity's supplemental
distribution is equal to:
(1) the entity's base year revenue (as determined under
IC 4-33-12-6); minus
(2) the sum of:
(A) the total amount of money distributed to the entity during
the preceding state fiscal year under IC 4-33-12-6; plus
(B) any amounts deducted under IC 6-3.1-20-7.
(h) This subsection applies only to a county containing a
consolidated city. The county auditor shall distribute the money
received by the county under subsection (e) as follows:
(1) To each city, other than a consolidated city, located in the
county according to the ratio that the city's population bears to the
total population of the county.
(2) To each town located in the county according to the ratio that
the town's population bears to the total population of the county.
(3) After the distributions required in subdivisions (1) and (2) are
made, the remainder shall be paid in equal amounts to the
consolidated city and the county.
(i) This subsection applies only to the Indiana horse racing
commission. For a state fiscal year beginning after June 30, 2007,
the Indiana horse racing commission is not entitled to a
supplemental distribution under subsection (g).
regulatory powers with respect to:
(1) the Indiana lottery under IC 4-30;
(2) pari-mutuel horse racing under IC 4-31;
(3) charity gaming under IC 4-32; or
(4) riverboat casino gambling under IC 4-33; or
(5) gambling games conducted at a racetrack (as defined in
IC 4-35-2-6) or a satellite facility (as defined in IC 4-35-2-7)
under IC 4-35.
into Indiana.
Sec. 2. Under 15 U.S.C. 1172, approved January 2, 1951, the
state of Indiana, acting by and through elected and qualified
members of the general assembly, declares that the state is exempt
from 15 U.S.C. 1172.
Chapter 4. Powers and Duties of the Indiana Gaming
Commission
Sec. 1. The commission shall regulate and administer gambling
games conducted by a licensee under this article.
Sec. 2. The commission shall do the following:
(1) Adopt rules that the commission determines are necessary
to protect or enhance the following:
(A) The credibility and integrity of gambling games
authorized under this article.
(B) The regulatory process provided in this article.
(2) Conduct all hearings concerning civil violations of this
article.
(3) Provide for the establishment and collection of license fees
imposed under this article, and deposit the license fees in the
state general fund.
(4) Levy and collect penalties for noncriminal violations of
this article, and deposit the penalties in the state general fund.
(5) Adopt appropriate standards for the design, appearance,
aesthetics, and construction of slot machine facilities
authorized under this article.
Sec. 3. The commission shall adopt rules under IC 4-22-2 for the
following purposes:
(1) Administering this article.
(2) Establishing the conditions under which gambling games
at racetracks and satellite facilities may be conducted.
(3) Providing for the prevention of practices detrimental to
the public interest.
(4) Establishing rules concerning the inspection of gambling
game facilities at racetracks and satellite facilities and the
review of the licenses necessary to conduct gambling games
under this article.
(5) Imposing penalties for noncriminal violations of this
article.
Sec. 4. The commission may enter into a contract with the
Indiana horse racing commission for the provision of services
necessary to administer this article.
Chapter 5. Gambling Game License
Sec. 1. (a) The commission may issue a license to a permit holder
to conduct gambling games under this article at the following
locations:
(1) The permit holder's racetrack.
(2) Each satellite facility operated by the permit holder.
(b) The number of gambling game licenses issued under this
chapter may not exceed two (2).
(c) The number of locations at which gambling games may be
conducted under this article may not exceed seven (7).
Sec. 2. Before issuing a license to a person under this chapter,
the commission shall subject the person to a background
investigation similar to a background investigation required for an
applicant for a riverboat owner's license under IC 4-33-6.
Sec. 3. (a) A licensee must do the following:
(1) Forfeit the privilege of opening any satellite facility
permitted by IC 4-31-5.5-3 that the licensee has not opened as
of January 1, 2006.
(2) Pay an initial licensing fee in an amount that is equal to the
product of:
(A) one hundred dollars ($100); multiplied by
(B) the total number of slot machines that the permit
holder will put into service at the permit holder's racetrack
and satellite facilities.
The fee required under this subsection must be paid to the
commission before September 1, 2006.
(b) Before September 1, 2007, and each year thereafter, a
licensee must pay an annual fee in an amount that is equal to the
product of:
(1) one hundred dollars ($100); multiplied by
(2) the total number of slot machines that are in service at the
permit holder's racetrack and satellite facilities as of the
immediately preceeding August 1;
as a condition of licensure under this article.
Sec. 4. An initial gambling game license expires five (5) years
after the effective date of the license. Unless the gambling game
license is terminated or revoked, the gambling game license may be
renewed annually thereafter upon:
(1) the payment of the fee required under section 3(b) of this
chapter; and
(2) a determination by the commission that the licensee
satisfies the conditions of this chapter.
Sec. 5. (a) The commission shall conduct a complete
investigation of each licensee every three (3) years to determine
whether the licensee remains in compliance with this article.
(b) Notwithstanding subsection (a), the commission may
investigate a licensee at any time the commission determines it is
necessary to ensure that the licensee remains in compliance with
this article.
Sec. 6. A permit holder or other person investigated under this
chapter shall bear the cost of an investigation under section 5 of
this chapter.
Sec. 7. (a) A licensee or any other person must apply for and
receive the commission's approval before:
(1) a gambling game license is:
(A) transferred;
(B) sold; or
(C) purchased; or
(2) a voting trust agreement or other similar agreement is
established with respect to the gambling game license.
(b) The commission shall adopt rules governing the procedure
that a licensee or other person must follow to obtain the
commission's approval of an action described in subsection (a). The
rules must specify that a person who obtains an ownership interest
in a gambling game license must meet the criteria of this article
and rules adopted by the commission. A licensee may transfer a
gambling game license only in accordance with this article and
rules adopted by the commission.
(c) A licensee or any other person may not:
(1) lease;
(2) hypothecate; or
(3) borrow or loan money against;
a gambling game license.
(d) A transfer fee is imposed on a person who purchases or
otherwise acquires a controlling interest, as determined under the
rules of the commission, in a gambling game license previously
issued to another person. The fee is two million dollars
($2,000,000).
Sec. 8. The commission shall transfer:
(1) fees collected under this chapter; and
(2) all investigation costs recovered under this chapter;
to the treasurer of state for deposit in the state general fund.
Chapter 6. Slot Machine Suppliers
Sec. 1. The commission may issue a supplier's license under this
chapter to a person if:
investigation or a reinvestigation of the licensee and any
investigation resulting from a potential transfer of ownership.
Sec. 10. The commission shall transfer:
(1) fees collected under this chapter; and
(2) all investigation costs recovered under this chapter;
to the treasurer of state for deposit in the state general fund.
Chapter 7. Conduct of Gambling Games
Sec. 1. Gambling games authorized under this article may not
be conducted anywhere other than a slot machine facility located
at a licensee's racetrack or at a licensee's satellite facility.
Sec. 2. (a) A person who is less than twenty-one (21) years of age
may not wager on a slot machine.
(b) Except as provided in subsection (c), a person who is less
than twenty-one (21) years of age may not be present in the area of
a racetrack or satellite facility where gambling games are
conducted.
(c) A person who is at least eighteen (18) years of age and who
is an employee of the racetrack may be present in the area of the
racetrack or satellite facility where gambling games are conducted.
However, an employee who is less than twenty-one (21) years of
age may not perform any function involving gambling by the
patrons.
Sec. 3. Minimum and maximum wagers on gambling games
shall be determined by the licensee.
Sec. 4. The following may inspect a licensee's slot machine
facility at any time to determine if this article is being violated:
(1) Employees of the commission.
(2) Officers of the state police department.
Sec. 5. Employees of the commission have the right to be present
in a licensee's slot machine facility.
Sec. 6. A slot machine may be purchased or leased only from a
supplier licensed under this article.
Sec. 7. Except as permitted under this article, a licensee may not
permit any form of wagering in the licensee's slot machine facility.
Sec. 8. Wagers may be received only from a person present in a
licensee's slot machine facility. A person present in a licensee's slot
machine facility may not place or attempt to place a wager on
behalf of another person who is not present in the licensee's slot
machine facility.
Sec. 9. Wagering may not be conducted with money or other
negotiable currency.
Sec. 10. (a) A patron may make a wager at a slot machine
facility only by means of:
(1) a token; or
(2) an electronic card;
purchased from a licensee at the licensee's slot machine facility.
(b) A token or electronic card may be purchased by means of an
agreement under which a licensee extends credit to the patron.
Sec. 11. A token or electronic card described in section 10 of this
chapter may be used by a patron while the patron is present at the
slot machine facility only to make a wager on a slot machine
authorized under this article.
Sec. 12. A licensee may not install more than five hundred (500)
slot machines on each of the following:
(1) The premises of the licensee's racetrack.
(2) The premises of each satellite facility operated by the
licensee.
Chapter 8. Penalties
Sec. 1. This chapter applies only to gambling games authorized
under this article.
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 slot machine facility
commits a Class A misdemeanor.
Sec. 3. A person who:
(1) is not an employee of a licensee;
(2) is less than twenty-one (21) years of age; and
(3) knowingly or intentionally enters the licensee's slot
machine facility;
commits a Class A misdemeanor.
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 slot machine facility;
commits a Class A misdemeanor.
Sec. 5. A person who knowingly or intentionally does any of the
following commits a Class D 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 an 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
relating 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 a slug or a counterfeit token in a gambling game.
(12) Possesses a slug or a counterfeit token for use in a
gambling game.
(13) 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 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.
(14) Possesses materials used to manufacture a slug, a
counterfeit token, or a device intended to be used in a manner
that violates this article.
Chapter 9. Employment
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.
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.