CHAPTER 3. INDIANA HORSE RACING COMMISSION
IC 4-31-3
Chapter 3. Indiana Horse Racing Commission
IC 4-31-3-1
Establishment
Sec. 1. (a) The Indiana horse racing commission is established.
The commission consists of five (5) members appointed by the
governor. The members of the commission:
(1) must be registered voters;
(2) must have resided in Indiana for at least five (5) years
preceding their appointment;
(3) may not be state employees; and
(4) may not have a direct or indirect interest in a firm,
association, or corporation that:
(A) is licensed by the commission; or
(B) participates in pari-mutuel meetings in any manner.
(b) No more than three (3) members of the commission may be
affiliated with the same political party.
As added by P.L.341-1989(ss), SEC.2. Amended by P.L.8-1993,
SEC.38.
IC 4-31-3-2
Terms of office of members
Sec. 2. (a) Except as provided in subsection (d), the term of office
of a member of the commission is four (4) years.
(b) If a vacancy occurs on the commission, the governor shall
appoint a new member to serve for the remainder of the unexpired
term.
(c) A member of the commission may not serve more than two (2)
consecutive terms. However, this limitation does not apply to part of
an unexpired term served under subsection (b) or to terms of three
(3) years or less required under subsection (d).
(d) In order to stagger the terms of office of the members of the
commission, the terms of office that begin in 1997 must be as
follows:
(1) One (1) member shall be appointed for a term of one (1)
year.
(2) One (1) member shall be appointed for a term of two (2)
years.
(3) One (1) member shall be appointed for a term of three (3)
years.
(4) Two (2) members shall each be appointed for a term of four
(4) years.
Thereafter, all members shall be appointed for terms of four (4)
years.
As added by P.L.341-1989(ss), SEC.2. Amended by P.L.50-1995,
SEC.1.
IC 4-31-3-3
Chairman
Sec. 3. The governor shall designate a member of the commission
to serve as chairman.
As added by P.L.341-1989(ss), SEC.2.
IC 4-31-3-4
Quorum
Sec. 4. (a) Three (3) commission members constitute a quorum.
Three (3) affirmative votes are required for the commission to take
an action.
(b) A vacancy on the commission does not affect the ability of the
remaining members to exercise all the powers of the commission.
As added by P.L.341-1989(ss), SEC.2.
IC 4-31-3-5
Salary; reimbursement of expenses
Sec. 5. Each member of the commission is entitled to the
minimum salary per diem provided by IC 4-10-11-2.1(b). Each
member is also entitled to reimbursement for traveling expenses and
other expenses actually incurred in connection with the member's
duties, as provided in the state travel policies and procedures
established by the department of administration and approved by the
budget agency.
As added by P.L.341-1989(ss), SEC.2.
IC 4-31-3-6
Surety bond
Sec. 6. Each member of the commission shall execute a surety
bond in the penal sum of ten thousand dollars ($10,000). To the
extent a member of the commission is already covered by a bond
required by state law, the member need not obtain another bond as
long as the bond required by state law is at least equal to the penal
sum specified in this section and covers the member's activities for
the commission. Instead of a bond, the chairman of the commission
may execute a blanket surety bond covering each member and the
employees or other officers of the commission. Each surety bond
must be conditioned upon the faithful performance of the duties of
the office of the member and shall be issued by a surety company
authorized to transact business in Indiana. At all times after the
issuance of a surety bond, each member shall maintain the surety
bond in full force and effect. All costs of the surety bonds shall be
paid by the commission.
As added by P.L.341-1989(ss), SEC.2.
IC 4-31-3-7
Removal of member; notice; hearing
Sec. 7. The governor may remove a member of the commission
for malfeasance, misfeasance, willful neglect of duty, or other cause.
Before removing a member, the governor must give the member
notice and a public hearing, unless the member expressly waives the
notice and hearing in writing.
As added by P.L.341-1989(ss), SEC.2.
IC 4-31-3-8
Duties
Sec. 8. The commission shall:
(1) prescribe the rules and conditions under which horse racing
at a recognized meeting may be conducted;
(2) initiate safeguards as necessary to account for the amount of
money wagered at each track or satellite facility in each
wagering pool;
(3) require all permit holders to provide a photographic or
videotape recording, approved by the commission, of the entire
running of all races conducted by the permit holder;
(4) make annual reports concerning its operations and
recommendations to the governor and, in an electronic format
under IC 5-14-6, to the general assembly; and
(5) carry out the provisions of IC 15-19-2, after considering
recommendations received from the Indiana standardbred
advisory board under IC 15-19-2.
As added by P.L.341-1989(ss), SEC.2. Amended by P.L.24-1992,
SEC.5; P.L.15-1999, SEC.1; P.L.28-2004, SEC.52; P.L.2-2008,
SEC.18.
IC 4-31-3-9
Powers
Sec. 9. Subject to section 14 of this chapter, the commission may:
(1) adopt rules under IC 4-22-2, including emergency rules
under IC 4-22-2-37.1, to implement this article, including rules
that prescribe:
(A) the forms of wagering that are permitted;
(B) the number of races;
(C) the procedures for wagering;
(D) the wagering information to be provided to the public;
(E) fees for the issuance and renewal of:
(i) permits under IC 4-31-5;
(ii) satellite facility licenses under IC 4-31-5.5; and
(iii) licenses for racetrack personnel and racing
participants under IC 4-31-6;
(F) investigative fees;
(G) fines and penalties; and
(H) any other regulation that the commission determines is
in the public interest in the conduct of recognized meetings
and wagering on horse racing in Indiana;
(2) appoint employees in the manner provided by IC 4-15-2 and
fix their compensation, subject to the approval of the budget
agency under IC 4-12-1-13;
(3) enter into contracts necessary to implement this article; and
(4) receive and consider recommendations from an advisory
development committee established under IC 4-31-11.
As added by P.L.341-1989(ss), SEC.2. Amended by P.L.24-1992,
SEC.6; P.L.182-2009(ss), SEC.57.
IC 4-31-3-10
Director and assistant director
Sec. 10. (a) The commission shall appoint a director and an
assistant director who serve at the pleasure of the commission. The
director and the assistant director must have a background in the
horse industry, a high level of management skills, and previous
experience with pari-mutuel horse betting administration.
(b) The director and the assistant director shall:
(1) attend all meetings of the commission;
(2) keep a complete record of the commission's proceedings;
(3) preserve at the commission's office all documents entrusted
to the commission's care; and
(4) perform other duties the commission prescribes.
As added by P.L.341-1989(ss), SEC.2. Amended by P.L.50-1995,
SEC.2.
IC 4-31-3-11
Racing inspectors
Sec. 11. (a) The commission shall employ or contract for racing
inspectors to attend each recognized meeting held under a permit
issued under this article. Each racing inspector shall file with the
secretary of state a bond:
(1) in the sum of five thousand dollars ($5,000);
(2) with sufficient sureties; and
(3) approved by and made payable to the treasurer of state.
(b) A permit holder shall give each racing inspector full and free
access to the books, records, and papers pertaining to the pari-mutuel
system of wagering and to the enclosure or space where the
pari-mutuel system is conducted, for the purpose of ascertaining
whether the permit holder is retaining the proper amount of
commission. The racing inspector shall investigate and ascertain
whether this article or rules adopted by the commission are being
violated at the racetrack or enclosure. The racing inspector shall
immediately report a violation in writing and under oath to the
commission.
As added by P.L.341-1989(ss), SEC.2.
IC 4-31-3-11.5
Judges and stewards
Sec. 11.5. The commission shall employ or contract for judges
and stewards to attend each recognized meeting held under a permit
issued under this article. The permit holder shall, in the manner
prescribed by the rules of the commission, reimburse the commission
for the salaries and other expenses of the judges and stewards who
serve at the permit holder's racetrack.
As added by P.L.24-1992, SEC.7.
IC 4-31-3-12
Public employees' retirement fund
Sec. 12. Employees of the commission are members of the public
employees' retirement fund. Persons who provide services for the
commission under contractual agreements are not members of the
public employees' retirement fund.
As added by P.L.341-1989(ss), SEC.2.
IC 4-31-3-13
Director of security
Sec. 13. (a) The commission shall employ a director of security
who is qualified by training and experience in law enforcement or
security to supervise, direct, coordinate, and administer the security
activities of the commission.
(b) The director of security may do the following:
(1) Investigate licensees of the commission, including
applicants for licenses, necessary to ensure the security and
integrity of pari-mutuel racing.
(2) Investigate an alleged violation of this article or a rule
adopted by the commission.
(3) Enter a permit holder's premises for the performance of the
director's lawful duties.
(4) Conduct searches authorized by IC 4-31-13-4.
(5) Perform other duties the commission prescribes.
As added by P.L.50-1995, SEC.3.
IC 4-31-3-14
Prohibition of fee for proposed transfer of ownership
Sec. 14. The commission may not do the following:
(1) Impose, charge, or collect by rule a fee that is not authorized
by this article on any party to a proposed transfer of an
ownership interest in a permit issued under IC 4-31-5.
(2) Make the commission's approval of a proposed transfer of
an ownership interest in a permit issued under IC 4-31-5
contingent upon the payment of any amount that is not
authorized by this article.
As added by P.L.182-2009(ss), SEC.58.