CHAPTER 3. INDIANA GAMING COMMISSION
IC 4-33-3
Chapter 3. Indiana Gaming Commission
IC 4-33-3-1
Establishment of commission
Sec. 1. The Indiana gaming commission is established.
As added by P.L.277-1993(ss), SEC.124.
IC 4-33-3-2
Members; qualifications; appointment
Sec. 2. (a) The commission consists of seven (7) members
appointed by the governor.
(b) Each member of the commission must:
(1) be a resident of Indiana; and
(2) have a reasonable knowledge of the practice, procedures,
and principles of gambling operations.
(c) At least one (1) member of the commission must be
experienced in law enforcement and criminal investigation.
(d) At least one (1) member of the commission must be a certified
public accountant experienced in accounting and auditing.
(e) At least one (1) member of the commission must be an
attorney admitted to the practice of law in Indiana.
(f) One (1) member of the commission must be a resident of a
county described in IC 4-33-1-1(1).
(g) One (1) member of the commission must be a resident of a
county described in IC 4-33-1-1(2).
(h) Not more than four (4) members may be affiliated with the
same political party.
As added by P.L.277-1993(ss), SEC.124. Amended by P.L.170-2005,
SEC.2.
IC 4-33-3-3
Chair
Sec. 3. The governor shall designate one (1) member of the
commission to serve as chair.
As added by P.L.277-1993(ss), SEC.124.
IC 4-33-3-4
Terms
Sec. 4. (a) Except as provided in subsection (b), the term of office
of a commission member is three (3) years.
(b) When making the initial appointments to the commission
under this chapter, the governor shall do the following:
(1) Appoint two (2) members to serve for terms of three (3)
years.
(2) Appoint two (2) members to serve for terms of two (2)
years.
(3) Appoint three (3) members to serve for terms of one (1)
year.
As added by P.L.277-1993(ss), SEC.124.
IC 4-33-3-5
Vacancies
Sec. 5. A vacancy on the commission shall be filled for the
unexpired term in the same manner as the original appointment.
As added by P.L.277-1993(ss), SEC.124.
IC 4-33-3-6
Reappointment
Sec. 6. Each member of the commission is eligible for
reappointment at the discretion of the governor.
As added by P.L.277-1993(ss), SEC.124.
IC 4-33-3-7
Compensation
Sec. 7. Each member of the commission is entitled to receive the
following:
(1) Salary per diem, as provided in IC 4-10-11-2.1(b), for each
day the member does any of the following:
(A) Attends a meeting of the commission.
(B) Conducts a hearing under this article.
(2) 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.277-1993(ss), SEC.124.
IC 4-33-3-8
Conflict of interest
Sec. 8. A person may not be appointed to the commission or
continue to be a commission member if the person or the person's
spouse, child, or parent is:
(1) a member of the board of directors of; or
(2) financially interested in;
a gambling operation subject to the jurisdiction of the commission.
As added by P.L.277-1993(ss), SEC.124.
IC 4-33-3-9
Other public office
Sec. 9. A commission member may not hold any other public
office for which the member receives compensation other than
necessary travel expenses or other incidental expenses.
As added by P.L.277-1993(ss), SEC.124.
IC 4-33-3-10
Moral character; felony conviction or indictment
Sec. 10. A person may not be appointed to the commission if:
(1) the person is not of good moral character; or
(2) the person:
(A) has been convicted of; or
(B) is under indictment for;
a felony under Indiana law, the laws of any other state, or laws
of the United States.
As added by P.L.277-1993(ss), SEC.124.
IC 4-33-3-11
Removal
Sec. 11. A member of the commission may be removed by the
governor for any of the following reasons:
(1) Neglect of duty.
(2) Misfeasance.
(3) Malfeasance.
(4) Nonfeasance.
As added by P.L.277-1993(ss), SEC.124.
IC 4-33-3-12
Oath; bond
Sec. 12. Each member of the commission must, before beginning
the discharge of the duties of the member's office, do the following:
(1) Take an oath that the member will faithfully execute the
duties of the member's office according to Indiana law and rules
adopted under Indiana law.
(2) Provide a bond to the state that:
(A) is approved by the governor;
(B) is for twenty-five thousand dollars ($25,000); and
(C) is, after being executed and approved, recorded in the
office of the secretary of state.
As added by P.L.277-1993(ss), SEC.124.
IC 4-33-3-13
Bond renewal
Sec. 13. If the governor determines that the bond of a commission
member has become or is likely to become invalid or insufficient, the
governor shall immediately require the member to renew the
member's bond. The governor must approve a bond renewed under
this section.
As added by P.L.277-1993(ss), SEC.124.
IC 4-33-3-14
Removal for failing to take oath or provide bond
Sec. 14. The governor may remove a commission member who:
(1) does not:
(A) take the required oath; and
(B) provide the required bond;
not more than thirty (30) days after the member is appointed to
the commission; or
(2) does not renew the member's bond not more than thirty (30)
days after the governor requires the renewal under this chapter.
As added by P.L.277-1993(ss), SEC.124.
IC 4-33-3-15
Bond cost; payment by commission
Sec. 15. The commission may pay the cost of a bond given by a
member of the commission under this chapter.
As added by P.L.277-1993(ss), SEC.124.
IC 4-33-3-16
Staff support; personnel
Sec. 16. The commission shall hire staff to carry out the duties of
the commission. Upon the request of the commission, the department
shall employ personnel necessary to carry out the duties of the
commission.
As added by P.L.277-1993(ss), SEC.124. Amended by P.L.20-1995,
SEC.4.
IC 4-33-3-17
Employee conflict of interest
Sec. 17. (a) A person may not be employed to serve the
commission if:
(1) the person or the person's spouse, parent, or child is:
(A) an official of an operator or operating agent engaged in
gambling operations in Indiana; or
(B) a person with:
(i) a financial interest in; or
(ii) a financial relation with;
an operator or operating agent engaged in gambling
operations in Indiana; or
(2) the person is a spouse, parent, or child of a commission
member.
(b) The employment of a person employed in violation of
subsection (a) shall be terminated.
As added by P.L.277-1993(ss), SEC.124. Amended by P.L.92-2003,
SEC.9.
IC 4-33-3-18
Executive director; appointment; compensation
Sec. 18. (a) The governor shall appoint the executive director of
the commission to serve at the pleasure of the governor. The
executive director's compensation shall be approved annually by the
governor under IC 4-12-2.
(b) The commission may by resolution assign to the executive
director any duty imposed upon the commission by this article.
(c) The executive director shall perform the duties assigned to the
executive director by the commission. The executive director may
exercise any power conferred upon the commission by this article
that is consistent with the duties assigned to the executive director
under subsection (b).
(d) In addition to any salary paid under this section, the executive
director is entitled to reimbursement for traveling expenses and other
expenses actually incurred in connection with the executive director'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.277-1993(ss), SEC.124. Amended by P.L.142-2009,
SEC.3.
IC 4-33-3-19
Executive director; duties
Sec. 19. (a) The executive director shall devote the executive
director's full time to the duties of the office.
(b) The executive director shall do the following:
(1) Keep records of all proceedings of the commission.
(2) Preserve all papers, books, documents, and other records
belonging to or held by the commission.
As added by P.L.277-1993(ss), SEC.124. Amended by P.L.227-2007,
SEC.46.
IC 4-33-3-20
Meetings
Sec. 20. (a) The commission shall hold at least one (1) meeting
each quarter of the fiscal year.
(b) The chair or any two (2) commission members may call a
special meeting. A special meeting may be held not earlier than
seventy-two (72) hours after written notice has been sent to each
member.
(c) Except as provided in this article, commission meetings are
subject to IC 5-14-1.5.
(d) Four (4) members of the commission constitute a quorum of
the commission.
(e) Four (4) affirmative votes are required for the commission to
take official action.
As added by P.L.277-1993(ss), SEC.124.
IC 4-33-3-21
Records
Sec. 21. (a) The commission shall keep a complete and accurate
record of the commission's meetings.
(b) The commission shall maintain records that are separate from
the records of any other state board or commission. The
commission's records shall be available for public inspection and
must accurately reflect all commission proceedings.
As added by P.L.277-1993(ss), SEC.124.
IC 4-33-3-22
Annual report
Sec. 22. (a) The commission shall file a written annual report with
the governor before September 1 of each year. The commission shall
file any additional reports that the governor requests.
(b) The annual report filed under this section must include a
statement describing the following:
(1) The receipts and disbursements of the commission.
(2) Actions taken by the commission.
(3) Any additional information and recommendations that:
(A) the commission considers useful; or
(B) the governor requests.
As added by P.L.277-1993(ss), SEC.124. Amended by P.L.188-2003,
SEC.12.
IC 4-33-3-23
Hearings
Sec. 23. (a) A commission member or an administrative law judge
appointed by the commission may do the following:
(1) Conduct a hearing authorized under this article.
(2) Recommend findings of fact and decisions to the
commission.
(b) The commission member or administrative law judge
conducting a hearing has all the powers and rights granted to the
commission. A hearing under this article shall be conducted under
IC 4-21.5.
(c) When conducting a public hearing, the commission shall not
limit the number of speakers who may testify. However, the
commission may set reasonable time limits on the length of an
individual's testimony or the total amount of time allotted to
proponents and opponents of an issue before the commission.
As added by P.L.277-1993(ss), SEC.124. Amended by P.L.52-1995,
SEC.1.