Indiana 2024 Regular Session

Indiana House Bill HB1147 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1147
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 4-31; IC 25-38.1-4-5.5.
7	7	Synopsis: Horse racing and racetrack ownership. Specifies that the
8	8	horse racing commission (IHRC) may adopt rules that incorporate by
9	9	reference the most current version of the model rules adopted by the
10	10	Association of Racing Commissioners International. Removes certain
11	11	obsolete references to emergency rules. Requires a permit holder to
12	12	own the real property, including buildings, structures, and other
13	13	improvements, on which a horse racing meeting is to be conducted.
14	14	Prohibits a permit issued for a horse racing meeting from being leased.
15	15	Provides that judges and stewards may suspend a license for not more
16	16	than three years on behalf of the IHRC. (Current law allows judges and
17	17	stewards to suspend a license for not more than one year on behalf of
18	18	the IHRC.) Provides that the suspension of a license or the imposition
19	19	of certain civil penalties must occur within 365 days after the date of
20	20	the violation (instead of 180 days as required by current law). Provides
21	21	that a horse's veterinary medical records and medical condition must
22	22	be furnished within five business days without written client
23	23	authorization to the IHRC as part of an investigation in which a horse
24	24	under the care, control, or ownership of a licensee has been treated by
25	25	a veterinarian.
26	26	Effective: January 1, 2024 (retroactive); July 1, 2024.
27	27	Cherry
28	28	January 8, 2024, read first time and referred to Committee on Public Policy.
29	29	2024 IN 1147—LS 6224/DI 125 Introduced
30	30	Second Regular Session of the 123rd General Assembly (2024)
31	31	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
32	32	Constitution) is being amended, the text of the existing provision will appear in this style type,
33	33	additions will appear in this style type, and deletions will appear in this style type.
34	34	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
35	35	provision adopted), the text of the new provision will appear in this style type. Also, the
36	36	word NEW will appear in that style type in the introductory clause of each SECTION that adds
37	37	a new provision to the Indiana Code or the Indiana Constitution.
38	38	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
39	39	between statutes enacted by the 2023 Regular Session of the General Assembly.
40	40	HOUSE BILL No. 1147
41	41	A BILL FOR AN ACT to amend the Indiana Code concerning
42	42	gaming.
43	43	Be it enacted by the General Assembly of the State of Indiana:
44	44	1 SECTION 1. IC 4-31-2.1-2.5 IS ADDED TO THE INDIANA
45	45	2 CODE AS A NEW SECTION TO READ AS FOLLOWS
46	46	3 [EFFECTIVE JULY 1, 2024]: Sec. 2.5. "ARCI model rules" means
47	47	4 the most current version of model rules and standards, including
48	48	5 penalties and penalty classifications, that have been adopted by the
49	49	6 Association of Racing Commissioners International.
50	50	7 SECTION 2. IC 4-31-3-9, AS AMENDED BY P.L.140-2013,
51	51	8 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
52	52	9 JULY 1, 2024]: Sec. 9. (a) Subject to section 14 of this chapter, the
53	53	10 commission may:
54	54	11 (1) adopt rules under IC 4-22-2 including emergency rules under
55	55	12 IC 4-22-2-37.1, to implement this article, including rules that
56	56	13 incorporate by reference the ARCI model rules and rules that
57	57	14 prescribe:
58	58	15 (A) the forms of wagering that are permitted;
59	59	16 (B) the number of races;
60	60	17 (C) the procedures for wagering;
61	61	2024 IN 1147—LS 6224/DI 125 2
62	62	1 (D) the wagering information to be provided to the public;
63	63	2 (E) fees for the issuance and renewal of:
64	64	3 (i) permits under IC 4-31-5;
65	65	4 (ii) satellite facility licenses under IC 4-31-5.5; and
66	66	5 (iii) licenses for racetrack personnel and racing participants
67	67	6 under IC 4-31-6;
68	68	7 (F) investigative fees;
69	69	8 (G) fines and penalties; and
70	70	9 (H) any other regulation that the commission determines is in
71	71	10 the public interest in the conduct of recognized meetings and
72	72	11 wagering on horse racing in Indiana;
73	73	12 (2) appoint employees and fix their compensation, subject to the
74	74	13 approval of the budget agency under IC 4-12-1-13;
75	75	14 (3) enter into contracts necessary to implement this article; and
76	76	15 (4) receive and consider recommendations from a development
77	77	16 advisory committee established under IC 4-31-11.
78	78	17 (b) An emergency rule adopted by the commission under subsection
79	79	18 (a) expires on the earlier of the following dates:
80	80	19 (1) The expiration date stated in the emergency rule.
81	81	20 (2) The date the emergency rule is amended or repealed by a later
82	82	21 rule adopted under IC 4-22-2-24 through IC 4-22-2-36 or under
83	83	22 IC 4-22-2-37.1.
84	84	23 SECTION 3. IC 4-31-5-2 IS AMENDED TO READ AS FOLLOWS
85	85	24 [EFFECTIVE JANUARY 1, 2024 (RETROACTIVE)]: Sec. 2. (a) An
86	86	25 application for renewal of an existing recognized meeting permit must
87	87	26 be filed with the commission no later than November 1 of the year
88	88	27 preceding the year in which the horse racing meeting is to be
89	89	28 conducted. The timing for filing an initial application for a recognized
90	90	29 meeting permit shall be established by the rules of the commission.
91	91	30 (b) The commission shall prescribe the forms to be used in making
92	92	31 an application under this section. The application must include the
93	93	32 following:
94	94	33 (1) The full name of the person making the application.
95	95	34 (2) If the applicant is an association, the names and addresses of
96	96	35 the members of the association.
97	97	36 (3) If the applicant is a corporation, the name of the state in which
98	98	37 it is incorporated, the location of its principal place of business,
99	99	38 and the names and addresses of its directors and stockholders.
100	100	39 (4) If the applicant is a trust, the location of its principal place of
101	101	40 business and the names and addresses of its trustees and
102	102	41 beneficiaries.
103	103	42 (5) If the applicant is a partnership, the names and addresses of
104	104	2024 IN 1147—LS 6224/DI 125 3
105	105	1 the partners.
106	106	2 (6) If the applicant is a limited partnership, the names, addresses,
107	107	3 and percentages of ownership of each general partner and each
108	108	4 limited partner.
109	109	5 (7) If the applicant is a limited liability company, the name of the
110	110	6 state where it is organized, the location of its principal place of
111	111	7 business, and the names and addresses of the managers and
112	112	8 members.
113	113	9 (8) The dates on which the applicant intends to conduct horse
114	114	10 racing meetings, which must be successive days (including
115	115	11 Sundays) unless otherwise authorized by the commission. The
116	116	12 applicant may submit a written statement setting forth the reasons
117	117	13 certain dates are sought.
118	118	14 (9) The proposed hours of each racing day.
119	119	15 (10) The location of the place, track, or enclosure where the
120	120	16 applicant proposes to conduct horse racing meetings.
121	121	17 (11) A statement of whether the racing plant is owned or leased
122	122	18 by the applicant.
123	123	19 (12) (11) A statement of whether the racing plant will include a
124	124	20 facility, either physically connected to the clubhouse or in close
125	125	21 proximity, that will:
126	126	22 (A) display for public inspection trophies, memorabilia, and
127	127	23 instructional material depicting the history of horse racing; and
128	128	24 (B) be made available as a repository for the collections of the
129	129	25 Indiana Harness Horse Hall of Fame.
130	130	26 (13) (12) Any other information that the commission requires.
131	131	27 (c) An application under this section must be signed and verified as
132	132	28 follows:
133	133	29 (1) An application by an individual must be signed and verified
134	134	30 under oath by that individual.
135	135	31 (2) An application by two (2) or more individuals or by a
136	136	32 partnership must be signed and verified under oath by one (1) of
137	137	33 those individuals or by a member of the partnership.
138	138	34 (3) An application by an association, a trust, or a corporation must
139	139	35 be:
140	140	36 (A) signed by its president and vice president;
141	141	37 (B) attested by its secretary; and
142	142	38 (C) verified under oath.
143	143	39 (4) An application by a limited liability company, must be signed
144	144	40 and verified under oath by two (2) managers or members of the
145	145	41 limited liability company.
146	146	42 (d) At the time an application is filed, the applicant must:
147	147	2024 IN 1147—LS 6224/DI 125 4
148	148	1 (1) pay a permit fee and an investigation fee for an initial permit
149	149	2 application as required by the rules of the commission;
150	150	3 (2) file a cash bond, certified check, or bank draft in the manner
151	151	4 provided by section 4 of this chapter; and
152	152	5 (3) file a copy of an ordinance adopted under IC 4-31-4.
153	153	6 SECTION 4. IC 4-31-5-7 IS REPEALED [EFFECTIVE JANUARY
154	154	7 1, 2024 (RETROACTIVE)]. Sec. 7. (a) If the racing plant is leased by
155	155	8 the applicant, the owner of the racing plant must file a copy of the
156	156	9 current lease with the application unless a copy is already on file with
157	157	10 the commission.
158	158	11 (b) If the racing plant is leased by the applicant, the owner of the
159	159	12 racing plant must provide the following to the commission at the time
160	160	13 the application is filed:
161	161	14 (1) A current financial statement showing assets and liabilities.
162	162	15 (2) Its latest operating statement showing income and expenses
163	163	16 related to the racing plant.
164	164	17 (3) A list of the names, addresses, and occupations of all of its
165	165	18 officers, directors, owners, shareholders, or partners. However, in
166	166	19 the case of a corporation whose stock is publicly traded, this
167	167	20 information is required only for the corporation's officers and
168	168	21 directors and for those stockholders owning or controlling five
169	169	22 percent (5%) or more of the stock of the corporation.
170	170	23 (4) Any other information requested by the commission.
171	171	24 (c) If another business entity owns or controls five percent (5%) or
172	172	25 more of the stock of a corporation or five percent (5%) or more of the
173	173	26 capital or profits of a partnership that files the information required by
174	174	27 subsection (a) or (b), the other business entity is required to file the
175	175	28 same information.
176	176	29 SECTION 5. IC 4-31-5-7.5 IS ADDED TO THE INDIANA CODE
177	177	30 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
178	178	31 JANUARY 1, 2024 (RETROACTIVE)]: Sec. 7.5. (a) A permit holder
179	179	32 must own the real property, including buildings, structures, and
180	180	33 other improvements, at the racetrack on which a horse racing
181	181	34 meeting is to be conducted under the permit holder's permit.
182	182	35 (b) A person may not lease a permit issued by the commission.
183	183	36 SECTION 6. IC 4-31-5-8, AS AMENDED BY P.L.14-2011,
184	184	37 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
185	185	38 JANUARY 1, 2024 (RETROACTIVE)]: Sec. 8. (a) Except as provided
186	186	39 in subsection (c), the commission may issue or deny a permit to an
187	187	40 applicant to conduct a horse racing meeting after the proper filing of:
188	188	41 (1) an application for a permit; and
189	189	42 (2) the other information required by this chapter.
190	190	2024 IN 1147—LS 6224/DI 125 5
191	191	1 The commission shall meet as soon as practicable after the filing of the
192	192	2 application and other information for the purpose of acting on the
193	193	3 application.
194	194	4 (b) The commission may deny a permit to:
195	195	5 (1) any applicant if denial of the permit is in the public interest;
196	196	6 (2) a permit holder that has defaulted in payments to the public or
197	197	7 an employee, a vendor, a supplier, an owner, or a trainer; or
198	198	8 (3) the purchaser of a track from a permit holder described in
199	199	9 subdivision (2) if defaults at that track have not been satisfied by
200	200	10 either the seller or the purchaser.
201	201	11 (c) The commission shall deny a permit to:
202	202	12 (1) a permit holder that has defaulted in payments to the state;
203	203	13 (2) the purchaser of a track from a permit holder described in
204	204	14 subdivision (1), if defaults at that track have not been satisfied by
205	205	15 either the seller or the purchaser; or
206	206	16 (3) a person, an association, a trust, a limited liability company,
207	207	17 or a corporation that owns, or has one (1) or more members or
208	208	18 stockholders who own, an interest in any other permit issued by
209	209	19 the commission in the same year for any other racetrack in
210	210	20 Indiana, unless the commission finds that it is in the best interests
211	211	21 of the:
212	212	22 (A) Indiana horse racing industry; and
213	213	23 (B) state;
214	214	24 to issue a permit to that person, association, trust, limited liability
215	215	25 company, or corporation; or
216	216	26 (4) an applicant or permit holder that is determined to be in
217	217	27 violation of section 7.5 of this chapter.
218	218	28 (d) The commission may not issue a permit that would allow
219	219	29 pari-mutuel racing to be conducted at the same hour at two (2) or more
220	220	30 locations in the same county or adjacent counties.
221	221	31 (e) A permit issued under this section is valid from January 1 to
222	222	32 December 31 of the year for which it is issued. An application must be
223	223	33 made for a renewal of a permit.
224	224	34 SECTION 7. IC 4-31-12-2, AS AMENDED BY P.L.34-2006,
225	225	35 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
226	226	36 JULY 1, 2024]: Sec. 2. (a) Except as permitted by the rules of the
227	227	37 commission, a horse participating in a race may not carry in its body
228	228	38 any foreign substance.
229	229	39 (b) The commission shall adopt the rules the commission considers
230	230	40 necessary to implement this section. Before adopting a rule with regard
231	231	41 to permitting the use of any medication, the commission shall consider
232	232	42 the ARCI model rules. approved by the Association of Racing
233	233	2024 IN 1147—LS 6224/DI 125 6
234	234	1 Commissioners International.
235	235	2 (c) In order to inform the racetrack patrons of those horses running
236	236	3 with medication, the permit holder shall indicate in the racing program
237	237	4 a horse that is racing with a medication permitted by the rules of the
238	238	5 commission.
239	239	6 SECTION 8. IC 4-31-13-2, AS AMENDED BY P.L.210-2013,
240	240	7 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
241	241	8 JULY 1, 2024]: Sec. 2. (a) The commission may adopt rules under
242	242	9 IC 4-22-2 to delegate to the stewards and judges of racing meetings
243	243	10 under the jurisdiction of the commission the power to conduct
244	244	11 disciplinary hearings on behalf of the commission. The stewards and
245	245	12 judges shall give at least twelve (12) hours notice of any such hearing.
246	246	13 The stewards and judges, on behalf of the commission, may impose one
247	247	14 (1) or more of the following sanctions against a licensee who violates
248	248	15 this article or the rules or orders of the commission:
249	249	16 (1) A civil penalty not to exceed five thousand dollars ($5,000).
250	250	17 (2) A temporary order or other immediate action in the nature of
251	251	18 a summary suspension if a licensee's actions constitute an
252	252	19 immediate danger to the public health, safety, or welfare.
253	253	20 (3) Suspension of a license held by the licensee for not more than
254	254	21 one (1) year. three (3) years. The suspension of a license under
255	255	22 this subdivision is:
256	256	23 (A) valid even though the suspension extends beyond the
257	257	24 period of the racing meeting for which the stewards and judges
258	258	25 have been appointed; and
259	259	26 (B) effective at all other racing meetings under the jurisdiction
260	260	27 of the commission.
261	261	28 (4) A rule that a person must stay off the premises of one (1) or
262	262	29 more permit holders if necessary in the public interest to maintain
263	263	30 proper control over recognized meetings.
264	264	31 (5) Referral of the matter to the commission for its consideration.
265	265	32 However, at least two (2) of the stewards or judges at a racing meeting
266	266	33 must concur in a suspension or civil penalty.
267	267	34 (b) Unless a suspension of a license or the imposition of a civil
268	268	35 penalty under this section is appealed by the person sanctioned not
269	269	36 more than fifteen (15) days after being sanctioned, the suspension of a
270	270	37 license or the imposition of a civil penalty under this section must
271	271	38 occur within one hundred eighty (180) three hundred sixty-five (365)
272	272	39 days after the date of the violation.
273	273	40 (c) A suspension or civil penalty under this section may be appealed
274	274	41 to the commission. Judges and stewards imposing sanctions under this
275	275	42 section must prove the person's violation by a preponderance of the
276	276	2024 IN 1147—LS 6224/DI 125 7
277	277	1 evidence. The commission shall adopt rules establishing procedures for
278	278	2 appeals and stays of appeals. The commission shall conduct a hearing
279	279	3 on an appeal filed under this section as provided in IC 4-21.5.
280	280	4 SECTION 9. IC 25-38.1-4-5.5, AS AMENDED BY P.L.9-2014,
281	281	5 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
282	282	6 JULY 1, 2024]: Sec. 5.5. (a) Each person who provides veterinary
283	283	7 medical services shall maintain medical records, as defined by rules
284	284	8 adopted by the board.
285	285	9 (b) Veterinary medical records include the following:
286	286	10 (1) Written records and notes, radiographs, sonographic images,
287	287	11 video recordings, photographs or other images, and laboratory
288	288	12 reports.
289	289	13 (2) Other information received as the result of consultation.
290	290	14 (3) Identification of any designated agent of the owner for the
291	291	15 purpose of authorizing veterinary medical or animal health care
292	292	16 decisions.
293	293	17 (4) Any authorizations, releases, waivers, or other related
294	294	18 documents.
295	295	19 (c) The client is entitled to a copy or summary of the veterinary
296	296	20 medical records. A veterinarian may charge a reasonable fee for
297	297	21 copying or summarizing the requested veterinary medical record. The
298	298	22 veterinarian may require that the request be in writing.
299	299	23 (d) Except as provided in subsections (e) and (f) or upon written
300	300	24 authorization of the client, an animal's veterinary medical record and
301	301	25 medical condition is confidential and may not be:
302	302	26 (1) furnished to; or
303	303	27 (2) discussed with;
304	304	28 any person other than the client or other veterinarians involved in the
305	305	29 care or treatment of the animal.
306	306	30 (e) An animal's veterinary medical records and medical condition
307	307	31 must be furnished within five (5) business days without written client
308	308	32 authorization under the following circumstances:
309	309	33 (1) Access to the records is specifically required by a state or
310	310	34 federal statute.
311	311	35 (2) An order by a court with jurisdiction in a civil or criminal
312	312	36 action upon the court's issuance of a subpoena and notice to the
313	313	37 client or the client's legal representative.
314	314	38 (3) As part of an inspection or investigation conducted by the
315	315	39 board or an agent of the board.
316	316	40 (4) As part of a request from a regulatory or health authority,
317	317	41 physician, or veterinarian:
318	318	42 (A) to verify a rabies vaccination of an animal; or
319	319	2024 IN 1147—LS 6224/DI 125 8
320	320	1 (B) to investigate a threat to human or animal health, or for the
321	321	2 protection of animal or public health and welfare.
322	322	3 (5) As a part of an animal cruelty report and associated applicable
323	323	4 records that are part of an abuse investigation by law enforcement
324	324	5 or a governmental agency.
325	325	6 (6) To a law enforcement agency as part of a criminal
326	326	7 investigation.
327	327	8 (7) To the Indiana horse racing commission as part of an
328	328	9 investigation in which a horse under the care, control, or
329	329	10 ownership of a licensee (as defined by IC 4-31-2.1-19) has
330	330	11 been treated by the veterinarian or a member of the
331	331	12 veterinarian's staff.
332	332	13 (f) An animal's veterinary medical records and medical condition
333	333	14 may be furnished without written client authorization under the
334	334	15 following circumstances:
335	335	16 (1) To the School of Veterinary Medicine at Purdue University,
336	336	17 the animal disease diagnostic laboratory, or a state agency or
337	337	18 commission. However, an animal's veterinary medical records
338	338	19 remain confidential unless the information is disclosed in a
339	339	20 manner allowed under this section.
340	340	21 (2) Veterinary medical records that are released by the board of
341	341	22 animal health when in the judgment of the state veterinarian the
342	342	23 disclosure is necessary or helpful in advancing animal health or
343	343	24 protecting public health.
344	344	25 (3) For statistical and scientific research, if the information is
345	345	26 abstracted in a way as to protect the identity of the animal and the
346	346	27 client.
347	347	28 (g) An animal's veterinary medical records must be kept and
348	348	29 maintained by the veterinarian for at least three (3) years after the
349	349	30 veterinarian's last encounter with the animal.
350	350	31 SECTION 10. An emergency is declared for this act.
351	351	2024 IN 1147—LS 6224/DI 125