CHAPTER 13. OFFENSES AND ENFORCEMENT
IC 4-31-13
Chapter 13. Offenses and Enforcement
IC 4-31-13-1
Sanctions; civil penalties; maximum amount
Sec. 1. (a) The commission or the commission's designee, as
determined under the rules of the commission, on its own motion or
in addition to a penalty assessed by the stewards and judges, may
issue orders under IC 4-21.5 to:
(1) issue, deny, suspend, diminish, or revoke permits and
licenses as authorized by this article;
(2) impose civil penalties, in addition to any other penalty
imposed by the commission on a person who violates this
article or a rule or an order of the commission; and
(3) rule a person off one (1) or more permit holders' premises,
if necessary in the public interest to maintain proper control
over recognized meetings.
(b) Except as provided in IC 4-31-12-16, a civil penalty imposed
against a licensee under subsection (a)(2) may not exceed five
thousand dollars ($5,000). For purposes of subsection (a)(2), each
day during which a violation of this article or a rule or an order of the
commission continues to occur constitutes a separate offense.
(c) Civil penalties imposed under this article shall be deposited in
the state general fund.
As added by P.L.341-1989(ss), SEC.2. Amended by P.L.24-1992,
SEC.43; P.L.50-1995, SEC.10.
IC 4-31-13-2
Disciplinary hearings; suspension of license; limitation of actions;
appeal
Sec. 2. (a) The commission may adopt rules under IC 4-22-2 to
delegate to the stewards and judges of racing meetings under the
jurisdiction of the commission the power to conduct disciplinary
hearings on behalf of the commission. The stewards and judges shall
give at least twelve (12) hours notice of any such hearing. The
stewards and judges, on behalf of the commission, may impose one
(1) or more of the following sanctions against a licensee who violates
this article or the rules or orders of the commission:
(1) A civil penalty not to exceed one thousand dollars ($1,000).
(2) A temporary order or other immediate action in the nature
of a summary suspension if a licensee's actions constitute an
immediate danger to the public health, safety, or welfare.
(3) Suspension of a license held by the licensee for not more
than sixty (60) days. The suspension of a license under this
subdivision is:
(A) valid even though the suspension extends beyond the
period of the racing meeting for which the stewards and
judges have been appointed; and
(B) effective at all other racing meetings under the
jurisdiction of the commission.
(4) A rule that a person must stay off the premises of one (1) or
more permit holders if necessary in the public interest to
maintain proper control over recognized meetings.
(5) Referral of the matter to the commission for its
consideration.
However, at least two (2) of the stewards or judges at a racing
meeting must concur in a suspension or civil penalty.
(b) The suspension of a license or the imposition of a civil penalty
under this section must occur within sixty (60) days after the date of
the violation.
(c) A suspension or civil penalty under this section may be
appealed to the commission. The commission shall adopt rules
establishing procedures for appeals and stays of appeals.
As added by P.L.341-1989(ss), SEC.2. Amended by P.L.24-1992,
SEC.44; P.L.50-1995, SEC.11.
IC 4-31-13-3
Conducting, aiding, or abetting pari-mutuel wagering without a
permit; violation; Class D felony
Sec. 3. (a) A person who is not a permit holder may not conduct,
or aid or abet the conducting of, a horse racing meeting at which
pari-mutuel wagering is permitted. Each day of racing in violation of
this section constitutes a separate offense.
(b) A person who violates this section commits a Class D felony.
As added by P.L.341-1989(ss), SEC.2.
IC 4-31-13-3.5
Permit holders or persons with an interest in a permit holder
Sec. 3.5. (a) The definitions in IC 3-5-2 apply to this section to the
extent they do not conflict with the definitions in this article.
(b) This section applies only to contributions made after June 30,
1996.
(c) As used in this section, "candidate" refers to any of the
following:
(1) A candidate for a state office.
(2) A candidate for a legislative office.
(3) A candidate for a local office.
(d) As used in this section, "committee" refers to any of the
following:
(1) A candidate's committee.
(2) A regular party committee.
(3) A committee organized by a legislative caucus of the house
of the general assembly.
(4) A committee organized by a legislative caucus of the senate
of the general assembly.
(e) As used in this section, "officer" refers only to either of the
following:
(1) An individual listed as an officer of a corporation in the
corporation's most recent annual report.
(2) An individual who is a successor to an individual described
in subdivision (1).
(f) For purposes of this section, a person is considered to have an
interest in a permit holder if the person satisfies any of the following:
(1) The person holds at least a one percent (1%) interest in the
permit holder.
(2) The person is an officer of the permit holder.
(3) The person is an officer of a person that holds at least a one
percent (1%) interest in the permit holder.
(4) The person is a political action committee of the permit
holder.
(g) For purposes of this section, a permit holder is considered to
have made a contribution if a contribution is made by a person who
has an interest in the permit holder.
(h) A permit holder or a person with an interest in a permit holder
may not make a contribution to a candidate or a committee during the
following periods:
(1) The term during which the permit holder holds a permit.
(2) The three (3) years following the final expiration or
termination of the permit holder's permit.
(i) A person who knowingly or intentionally violates this section
commits a Class D felony.
As added by P.L.4-1996, SEC.92.
IC 4-31-13-4
Right of entry by commission and representatives; searches of
persons and property; violation; suspension
Sec. 4. (a) The commission and its representatives have the right
of full and complete entry to any and all parts of the grounds and
mutuel plants of permit holders.
(b) The commission, the commission's representatives, and the
state judge investigating for violations of law or of the rules of the
commission may permit persons authorized by them to search the
following persons and areas:
(1) All persons who are within the racetrack premises and:
(A) licensed by the commission; or
(B) engaged in activities that require a license by the
commission.
(2) Persons who have gained access to the racetrack premises
by special permission.
(3) Vendors licensed by the commission when they are within
the racetrack premises.
(4) Stables, rooms, vehicles, and other places within the
racetrack premises that are used by those persons who may be
searched under this section.
(5) Stables, rooms, and vehicles that are used or maintained by
persons licensed by the commission and are located in areas
outside of the racetrack premises where horses eligible to race
at the racing meeting are stabled.
(c) If a licensee refuses to consent to a search under this section,
the person shall be automatically suspended.
As added by P.L.341-1989(ss), SEC.2. Amended by P.L.50-1995,
SEC.12.
IC 4-31-13-5
"Member of the family" defined; offer of compensation or thing of
value by permit holder or employee to commission member or
family; prohibition
Sec. 5. (a) As used in this section, "member of the family" means
a spouse, parent, father-in-law, mother-in-law, child, son-in-law,
daughter-in-law, grandparent, grandchild, brother, sister,
brother-in-law, sister-in-law, uncle, aunt, nephew, niece, or first
cousin.
(b) A permit holder or a member, an officer, a director, or an
employee of the permit holder may not give or offer to:
(1) a member, an employee, or a representative of the
commission; or
(2) a member of the family of a commission member, an
employee, or a representative;
a gift, money, property, entertainment, or any other thing of value
with intent to influence, or that may appear to be intended to
influence, the member, an employee, or a representative of the
commission in the performance of official duties and responsibilities.
As added by P.L.341-1989(ss), SEC.2.
IC 4-31-13-6
Disclosure of information by permit holder to commission
Sec. 6. Upon demand in writing by the commission, a permit
holder shall furnish the commission a full and complete statement of
receipts, expenditures, attendance, and any other information that the
commission requires with respect to a meeting or with respect to an
accounting period specified by the commission.
As added by P.L.341-1989(ss), SEC.2.
IC 4-31-13-7
Horse in which racetrack official has direct or indirect interest in;
ineligibility
Sec. 7. (a) This section applies to the following persons:
(1) Judges.
(2) Racing secretaries.
(3) Employees in the racing secretary's office.
(4) Starters.
(5) Assistant starters.
(6) Assistants to the state veterinarian.
(7) Any other racing official of a permit holder whose
appointment must be reported to and approved by the
commission under IC 4-31-5-5.
(b) When a person listed in subsection (a) is serving in an official
capacity at a racetrack, a horse in which the person (or the person's
spouse or child) has a direct or indirect interest may not be raced at
that racetrack.
As added by P.L.341-1989(ss), SEC.2.
IC 4-31-13-8
Making of book or operation of handbooks on grounds; betting
with bookmakers; prohibitions
Sec. 8. A permit holder may not allow the making of book or the
operation of handbooks on its grounds. If these practices are found
to exist, the permit holder shall take immediate steps to eliminate
them. Any licensees who are found betting with bookmakers may be
deprived of their licenses, ejected from the grounds, and denied
entrance to any race meeting in Indiana. Any other persons found
betting with bookmakers may be ejected from the grounds and
denied further entrance to any race meeting in Indiana.
As added by P.L.341-1989(ss), SEC.2.
IC 4-31-13-9
Gift by permit holder to induce precinct committee member on
local public question
Sec. 9. (a) The definitions in IC 3-5-2 apply to this section to the
extent they do not conflict with the definitions in this article.
(b) This section applies only to property given after June 30,
1996.
(c) As used in this section, "officer" refers only to either of the
following:
(1) An individual listed as an officer of a corporation in the
corporation's most recent annual report.
(2) An individual who is a successor to an individual described
in subdivision (1).
(d) For purposes of this section, a person is considered to have an
interest in a permit holder if the person satisfies any of the following:
(1) The person holds at least a one percent (1%) interest in the
permit holder.
(2) The person is an officer of the permit holder.
(3) The person is an officer of a person that holds at least a one
percent (1%) interest in the permit holder.
(4) The person is a political action committee of the permit
holder.
(e) A permit holder or a person with an interest in a permit holder
may not give any property (as defined in IC 35-41-1-23) to a member
of a precinct committee to induce the member of the precinct
committee to do any act or refrain from doing any act with respect to
the approval of a local public question under IC 4-31-4.
(f) A person who knowingly or intentionally violates this section
commits a Class D felony.
As added by P.L.24-1996, SEC.9. Amended by P.L.2-1997, SEC.13.