April 9, 2008

Honorable Representative Scott Pelath, Chairperson

Administrative Rules Oversight Committee

Indiana Legislative Services Agency

200 W. Washington St., Suite 201

Indianapolis, IN 46204

Attn: Allen Morford

Dear Representative Pelath:

This is to notify you that pursuant to IC 4-22-2-19, the Alcohol and Tobacco Commission (ATC) will not begin the rulemaking process within sixty (60) days after the effective date of the statute that authorizes the rule. IC 7.1-3-17.5-5 mandates adoption of rules to carry out IC 7.1-3-17.5 concerning gaming site permits. The ATC did not have adequate staff and resources to commence the rulemaking process. The ATC is now prepared to move forward and we expect to start the rule promulgation process immediately. The Notice of Intent to Adopt a Rule was posted on the Indiana Register site on March 19, 2008.

If you have any further concerns or require additional information, please do not hesitate to contact me at 317-234-4737 or mcoxey@atc.in.gov. Thank you for your consideration.

Very truly yours,

Melissa L. Coxey

Staff Attorney