Information Maintained by the Office of Code Revision Indiana Legislative Services Agency
 12/05/2008 03:49:24 AM EST
IC 4-31-4
     Chapter 4. Local Approval of Pari-Mutuel Wagering

IC 4-31-4-1
Adoption of county ordinance; permit
     Sec. 1. A person may not conduct or assist in conducting a horse racing meeting in which the pari-mutuel system of wagering is permitted unless:
        (1) the county fiscal body of the county in which the races are to be conducted has adopted an ordinance under section 2 of this chapter; and
        (2) the person secures a permit under IC 4-31-5.
As added by P.L.341-1989(ss), SEC.2.

IC 4-31-4-1.3
Satellite facility license; adoption of ordinance
     Sec. 1.3. (a) This section does not apply to a person who satisfies all of the following:
        (1) The person was issued a satellite facility license before January 2, 1996.
        (2) The person operated a satellite facility before January 2, 1996.
        (3) The person is currently operating the satellite facility under the license.
    (b) A person may not operate under a satellite facility license unless both of the following apply:
        (1) The county fiscal body of the county in which the satellite facility will be operated has adopted an ordinance under section 2.5 of this chapter.
        (2) The person secures a license under IC 4-31-5.5.
As added by P.L.24-1996, SEC.1.

IC 4-31-4-1.5
Voter approval of pari-mutuel wagering at horse racing meetings or satellite facilities; when required
     Sec. 1.5. (a) This section applies only if a local public question is required under section 2, 2.5, or 2.7 of this chapter.
    (b) This section does not apply to either of the following:
        (1) A permit holder who satisfies all of the following:
            (A) The permit holder was issued a permit before January 2, 1996.
            (B) The permit holder conducted live racing before January 2, 1996.
            (C) The permit holder is currently operating under the permit.
        (2) A person who satisfies all of the following:
            (A) The person was issued a satellite facility license before January 2, 1996.
            (B) The person operated a satellite facility before January 2, 1996.

            (C) The person is currently operating the satellite facility under the license.
    (c) In addition to the requirements of section 1 of this chapter, a person may not conduct or assist in conducting a horse racing meeting in which the pari-mutuel system of wagering is permitted unless the voters of the county in which the races are to be conducted have approved conducting a horse racing meeting using the pari-mutuel system of wagering in the county.
    (d) In addition to the requirements of section 1.3 of this chapter, a person may not operate under a satellite facility license unless the voters of the county in which the satellite facility will be operated have approved the operation of a satellite facility in the county.
As added by P.L.24-1996, SEC.2.

IC 4-31-4-2
Pari-mutuel wagering at horse racing meetings; adoption or amendment of ordinance; procedure
     Sec. 2. (a) A county fiscal body may adopt an ordinance permitting the filing of applications under IC 4-31-5 to conduct pari-mutuel wagering on horse races at racetracks in the county. However, before adopting the ordinance, the county fiscal body must:
        (1) conduct a public hearing on the proposed ordinance; and
        (2) publish notice of the public hearing in the manner prescribed by IC 5-3-1.
    (b) The county fiscal body may:
        (1) require in the ordinance adopted by the county fiscal body that before applications under IC 4-31-5 to conduct pari-mutuel wagering on horse races at racetracks in the county may be filed, the voters of the county must approve the conducting of horse racing meetings in the county under section 3 of this chapter; or
        (2) amend an ordinance already adopted by the county fiscal body to require that before applications under IC 4-31-5 to conduct pari-mutuel wagering on horse races at racetracks in the county may be filed, the voters of the county must approve the conducting of horse racing meetings in the county under section 3 of this chapter.
An ordinance adopted under this section may not be amended to apply to a person who has already been issued a permit under IC 4-31-5 before amendment of the ordinance.
    (c) An ordinance adopted under this section authorizing a person to conduct pari-mutuel wagering on horse races at racetracks in the county may not be adopted or amended in a manner that restricts a person's ability to conduct gambling games under IC 4-35.
As added by P.L.341-1989(ss), SEC.2. Amended by P.L.24-1996, SEC.3; P.L.233-2007, SEC.4.

IC 4-31-4-2.5
Satellite facility; adoption or amendment of ordinance; procedure

     Sec. 2.5. (a) A county fiscal body may adopt an ordinance permitting the filing of applications under IC 4-31-5.5 for operation of a satellite facility in the county. However, before adopting the ordinance, the county fiscal body must:
        (1) conduct a public hearing on the proposed ordinance; and
        (2) publish notice of the public hearing in the manner prescribed by IC 5-3-1.
    (b) The county fiscal body may:
        (1) require in the ordinance adopted by the county fiscal body that before applications under IC 4-31-5.5 to operate a satellite facility in the county may be filed, the voters of the county must approve the operation of a satellite facility in the county under section 3 of this chapter; or
        (2) amend an ordinance already adopted in the county to require that before applications under IC 4-31-5.5 to operate a satellite facility in the county may be filed, the voters of the county must approve the operation of a satellite facility in the county under section 3 of this chapter.
An ordinance adopted under this section may not be amended to apply to a person who was issued a license under IC 4-31-5.5 before the ordinance was amended.
As added by P.L.24-1996, SEC.4.

IC 4-31-4-2.7
Recognized meeting permit or satellite facility license for use on public property; voter approval
     Sec. 2.7. (a) This section does not apply to either of the following:
        (1) A permit holder who satisfies all of the following:
            (A) The permit holder was issued a permit before January 2, 1996.
            (B) The permit holder conducted live racing before January 2, 1996.
            (C) The permit holder is currently operating under the permit.
        (2) A person who satisfies all of the following:
            (A) The person was issued a satellite facility license before January 2, 1996.
            (B) The person operated a satellite facility before January 2, 1996.
            (C) The person is currently operating the satellite facility under the license.
    (b) This section applies only if either of the following apply:
        (1) The recognized meeting permit is for conducting a horse racing meeting on public property.
        (2) The satellite facility license is for operating a satellite facility on public property.
    (c) As used in this section, "public property" refers to real property owned by, or not more than two (2) years before issuance of the permit or license any interest in which is transferred by, any of the following:

        (1) The federal government.
        (2) The state.
        (3) A political subdivision (as defined in IC 36-1-2-13).
        (4) An agency or instrumentality of an entity described in subdivision (1), (2), or (3).
    (d) Notwithstanding any other provision of this article, the commission may not do either of the following:
        (1) Issue a recognized meeting permit under IC 4-31-5 to allow the conducting of or the assisting of the conducting of a horse racing meeting unless the voters of the county in which the public property is located have approved the conducting of recognized meetings in the county.
        (2) Issue a satellite facility license under IC 4-31-5.5 unless the voters of the county in which the public property is located have approved the operation of a satellite facility in the county.
As added by P.L.24-1996, SEC.5.

IC 4-31-4-3
Issuance of recognized meeting permit or satellite facility license; voter approval; ballot form; certification of election results; second and subsequent public questions
     Sec. 3. (a) This section does not apply to either of the following:
        (1) A permit holder who satisfies all of the following:
            (A) The permit holder was issued a permit before January 2, 1996.
            (B) The permit holder conducted live racing before January 2, 1996.
            (C) The permit holder is currently operating under the permit.
        (2) A person who satisfies all of the following:
            (A) The person was issued a satellite facility license before January 2, 1996.
            (B) The person operated a satellite facility before January 2, 1996.
            (C) The person is currently operating the satellite facility under the license.
    (b) This section applies if either of the following apply:
        (1) Both of the following are satisfied:
            (A) An ordinance is adopted under section 2 or 2.5 of this chapter.
            (B) The ordinance requires the voters of the county to approve either of the following:
                (i) The conducting of horse racing meetings in the county.
                (ii) The operation of a satellite facility in the county.
        (2) A local public question is required to be held under section 2.7 of this chapter following the filing of a petition with the circuit court clerk:
            (A) signed by at least the number of registered voters of the county required under IC 3-8-6-3 to place a candidate on the ballot; and

            (B) requesting that the local public question set forth in subsection (d) be placed on the ballot.
    (c) Notwithstanding any other provision of this article, the commission may not issue a recognized meeting permit under IC 4-31-5 to allow the conducting of or the assisting of the conducting of a horse racing meeting unless the voters of the county in which the property is located have approved conducting recognized meetings in the county.
    (d) For a local public question required to be held under subsection (c), the county election board shall place the following question on the ballot in the county during the next general election:
        "Shall horse racing meetings at which pari-mutuel wagering occurs be allowed in _____________ County?".
    (e) Notwithstanding any other provision of this article, the commission may not issue a satellite facility license under IC 4-31-5.5 to operate a satellite facility unless the voters of the county in which the satellite facility will be located approve the operation of the satellite facility in the county.
    (f) For a local public question required to be held under subsection (e), the county election board shall place the following question on the ballot in the county during the next general election:
        "Shall satellite facilities at which pari-mutuel wagering occurs be allowed in _____________ County?".
    (g) A public question under this section must be certified in accordance with IC 3-10-9-3 and shall be placed on the ballot in accordance with IC 3-10-9.
    (h) The circuit court clerk of a county holding an election under this chapter shall certify the results determined under IC 3-12-4-9 to the commission and the department of state revenue.
    (i) If a public question is placed on the ballot under subsection (d) or (f) in a county and the voters of the county do not vote in favor of the public question, a second public question under that subsection may not be held in the county for at least two (2) years. If the voters of the county vote to reject the public question a second time, a third or subsequent public question under that subsection may not be held in the county until the general election held during the tenth year following the year of the previous public question held under that subsection.
As added by P.L.24-1996, SEC.6. Amended by P.L.3-1997, SEC.413.

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