Bill Text: IN SB0609 | 2013 | Regular Session | Engrossed
Bill Title: Horse racing.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2013-05-13 - Public Law 210 [SB0609 Detail]
Download: Indiana-2013-SB0609-Engrossed.html
Citations Affected: IC 4-31; noncode.
Effective: July 1, 2013; January 1, 2014.
(HOUSE SPONSORS _ EBERHART, CHERRY, GOODIN)
January 17, 2013, read first time and referred to Committee on Appropriations.
February 4, 2013, amended, reported favorably _ Do Pass.
February 7, 2013, read second time, amended, ordered engrossed.
February 8, 2013, engrossed.
February 12, 2013, read third time, passed. Yeas 49, nays 0.
February 26, 2013, read first time and referred to Committee on Public Policy.
March 14, 2013, amended, reported _ Do Pass.
March 25, 2013, read second time, amended, ordered engrossed.
Digest Continued
of the sanctioned violation. (2) That judges and stewards must prove the violation by the preponderance of the evidence. (3) That the IHRC must conduct a hearing on an appealed sanction as required by the administrative adjudication law. Requires the IHRC to enter into a contract for an independent study concerning the economic impact of horse racing in Indiana. Requires each person that holds a permit to conduct a horse racing meeting to pay to the IHRC a total of $50,000 over two years for each track for which the person holds a permit. Requires the IHRC to present the results of the independent study to the budget committee and submit the results of the independent study to the governor and the legislative council before November 1, 2015. Requires that, in a calendar year, at least 60 but not more than 75 live racing days at a racetrack be for horses that are: (1) mounted by jockeys; (2) run on a course without jumps or obstacles; and (3) thoroughbreds. (Current law requires, in a calendar year, at least 60 but not more than 75 live racing days at a racetrack be for horses that are mounted by jockeys and run on a course without jumps or obstacles.)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
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A BILL FOR AN ACT to amend the Indiana Code concerning
gaming.
(1) A racetrack at which live horse racing is conducted in accordance with a permit issued by the commission under IC 4-31-5.
(2) A satellite facility licensed under IC 4-31-5.5.
(1) An individual employed by a permit holder during a racing meeting whose employment must be reported to the commission under IC 4-31-5-5 or the rules of the commission.
(2) An individual who:
(A) is employed as an assistant to an individual described
in subdivision (1); and
(B) performs duties integral to the conduct of pari-mutuel
horse racing.
(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:
(A) the competitive status of the Indiana horse racing industry as compared to the horse racing industries of other states and measured by purse, handle, and any other factors determined by the commission;
(B) the commission's operations; and
(C) its recommendations;
to the governor and, in an electronic format under IC 5-14-6, to the general assembly;
(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;
(6) develop internal procedures for accepting, recording, investigating, and resolving complaints from licensees and the general public; and
(7) annually post the following information on the commission's Internet web site:
(A) A summary of the disciplinary actions taken by the commission in the preceding calendar year.
(B) A summary of the complaints received and resolved in the preceding calendar year.
(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.
(c) The executive director or the director of security may issue a summons to any licensee who is alleged to have violated this article, the rules of the commission, or an order of the commission. The summons must set forth substantially the nature of the alleged violation and command the licensee to appear before the commission at a stated time and place. However, the stated time for a hearing held under this subsection must be at least thirty (30) days after the issuance of the summons.
(b) Except as provided in subsection (c), the commission shall require at least one hundred forty (140) but not more than one hundred sixty-five (165) live racing days each calendar year at the racetrack designated in a permit holder's permit, as follows:
(1) At least eighty (80) but not more than ninety (90) live racing days must be for standardbreds.
(2) At least sixty (60) but not more than seventy-five (75) live racing days must be for horses that are:
(A) mounted by jockeys;
(B) run on a course without jumps or obstacles; and
(C) thoroughbreds.
The requirements of this subsection are a continuing condition for maintaining the permit holder's permit. However, the requirements do not apply if the commission determines that the permit holder is prevented from conducting live horse racing as a result of a natural disaster or another event over which the permit holder has no control.
(c) The commission may by rule adjust any of the following:
(1) The total required number of live racing days under subsection
(b).
(2) The number of live racing days required under subsection
(b)(1).
(3) The number of live racing days required under subsection
(b)(2).
(d) A permit holder may not conduct more than fourteen (14) races
on a particular racing day.
(1) A member of the commission.
(2) An employee of the commission.
(3) A racing official.
(4) The spouse of any individual listed in subdivisions (1) through (3).
(b) A person who knowingly or intentionally violates this section commits a Class A misdemeanor.
(1) A civil penalty not to exceed
(2) A temporary order or other immediate action in the nature of a summary suspension where 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 up to
(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 must concur in a
sanction.
(b) Unless a suspension of a license or the imposition of a civil
penalty under this section is appealed by the person sanctioned not
more than fifteen (15) days after being sanctioned, the suspension
of a license or the imposition of a civil penalty under this section must
occur within sixty (60) one hundred eighty (180) days of the date of
the violation.
(c) A sanction under this section may be appealed to the
commission. Judges and stewards imposing sanctions under this
section must prove the person's violation by a preponderance of
the evidence. The commission shall adopt rules establishing
procedures for appeals and stays of appeals. The commission shall
conduct a hearing on an appeal filed under this section as provided
in IC 4-21.5.
(1) Revocation of a license held by the licensee.
(2) Suspension of a license held by the licensee.
(3) A civil penalty not to exceed five thousand dollars ($5,000).
(1)
(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.
(b) 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 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, (c) 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) (d) Civil penalties imposed under this article shall be deposited
in the state general fund.
(1) A civil penalty not to exceed
(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
(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) Unless a suspension of a license or the imposition of a civil penalty under this section is appealed by the person sanctioned not more than fifteen (15) days after being sanctioned, the suspension
of a license or the imposition of a civil penalty under this section must
occur within sixty (60) one hundred eighty (180) days after the date
of the violation.
(c) A suspension or civil penalty under this section may be appealed
to the commission. Judges and stewards imposing sanctions under
this section must prove the person's violation by a preponderance
of the evidence. The commission shall adopt rules establishing
procedures for appeals and stays of appeals. The commission shall
conduct a hearing on an appeal filed under this section as provided
in IC 4-21.5.
(b) The commission shall enter into a contract for an independent study concerning the economic impact of horse racing in Indiana. In entering into the contract for the independent study, the commission shall use an open, objective, and competitive request for proposal process adopted by the commission.
(c) The commission shall pay for the costs of the independent study from money paid to the commission under subsection (d).
(d) Notwithstanding IC 4-31-9-2, each person that holds a permit to conduct a horse racing meeting shall do the following:
(1) Before September 1, 2013, pay to the commission an amount equal to:
(A) twenty-five thousand dollars ($25,000); multiplied by
(B) the number of tracks in Indiana for which the permit holder holds a permit to conduct horse racing meetings;
from the purse account established by that permit holder.
(2) Before September 1, 2014, pay to the commission an additional amount equal to:
(A) twenty-five thousand dollars ($25,000); multiplied by
(B) the number of tracks in Indiana for which the permit holder holds a permit to conduct horse racing meetings;
from the purse account established by that permit holder.
The amounts paid by a permit holder under this subsection shall be subtracted from amounts that the permit holder is otherwise required to pay out in purses under IC 4-31-9-2.
(e) The commission shall, before November 1, 2015, do the following:
(1) Present the results of the independent study to the budget committee.
(2) Submit the results of the independent study to:
(A) the governor; and
(B) the legislative council, in an electronic format under IC 5-14-6.
(f) This SECTION expires January 1, 2016.