15 | | - | SECTION 1. IC 4-30-2-4.3 IS ADDED TO THE INDIANA CODE |
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| 72 | + | 1 SECTION 1. IC 4-31-2.1-2.3 IS ADDED TO THE INDIANA |
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| 73 | + | 2 CODE AS A NEW SECTION TO READ AS FOLLOWS |
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| 74 | + | 3 [EFFECTIVE JULY 1, 2025]: Sec. 2.3. "ARCI model rules" means |
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| 75 | + | 4 the most current version of model rules and standards, except as |
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| 76 | + | 5 provided in section 2.6 of this chapter, including penalties and |
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| 77 | + | 6 penalty classifications, that have been adopted by the Association |
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| 78 | + | 7 of Racing Commissioners International. |
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| 79 | + | 8 SECTION 2. IC 4-31-2.1-2.6 IS ADDED TO THE INDIANA |
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| 80 | + | 9 CODE AS A NEW SECTION TO READ AS FOLLOWS |
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| 81 | + | 10 [EFFECTIVE JULY 1, 2025]: Sec. 2.6. "ARCI uniform classification |
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| 82 | + | 11 guidelines for foreign substances and recommended penalties |
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| 83 | + | 12 model rules" means the most current version of model rules and |
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| 84 | + | 13 standards concerning foreign substances, including penalties and |
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| 85 | + | 14 penalty classifications, that have been adopted by the Association |
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| 86 | + | 15 of Racing Commissioners International. |
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| 87 | + | 16 SECTION 3. IC 4-31-3-9, AS AMENDED BY P.L.93-2024, |
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| 88 | + | 17 SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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| 89 | + | EH 1053—LS 6212/DI 107 2 |
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| 90 | + | 1 JULY 1, 2025]: Sec. 9. Subject to section 14 of this chapter, the |
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| 91 | + | 2 commission may: |
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| 92 | + | 3 (1) adopt rules under IC 4-22-2 to implement this article, |
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| 93 | + | 4 including rules that incorporate by reference the ARCI model |
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| 94 | + | 5 rules and the ARCI uniform classification guidelines for |
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| 95 | + | 6 foreign substances and recommended penalties model rules |
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| 96 | + | 7 and rules that prescribe: |
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| 97 | + | 8 (A) the forms of wagering that are permitted; |
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| 98 | + | 9 (B) the number of races; |
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| 99 | + | 10 (C) the procedures for wagering; |
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| 100 | + | 11 (D) the wagering information to be provided to the public; |
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| 101 | + | 12 (E) fees for the issuance and renewal of: |
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| 102 | + | 13 (i) permits under IC 4-31-5; |
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| 103 | + | 14 (ii) satellite facility licenses under IC 4-31-5.5; and |
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| 104 | + | 15 (iii) licenses for racetrack personnel and racing participants |
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| 105 | + | 16 under IC 4-31-6; |
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| 106 | + | 17 (F) investigative fees; |
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| 107 | + | 18 (G) fines and penalties; and |
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| 108 | + | 19 (H) any other regulation that the commission determines is in |
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| 109 | + | 20 the public interest in the conduct of recognized meetings and |
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| 110 | + | 21 wagering on horse racing in Indiana; |
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| 111 | + | 22 (2) appoint employees and fix their compensation, subject to the |
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| 112 | + | 23 approval of the budget agency under IC 4-12-1-13; |
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| 113 | + | 24 (3) enter into contracts necessary to implement this article; and |
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| 114 | + | 25 (4) receive and consider recommendations from a development |
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| 115 | + | 26 advisory committee established under IC 4-31-11. |
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| 116 | + | 27 SECTION 4. IC 4-31-3-10, AS AMENDED BY P.L.217-2017, |
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| 117 | + | 28 SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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| 118 | + | 29 UPON PASSAGE]: Sec. 10. (a) Before July 1, 2025, the commission |
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| 119 | + | 30 shall appoint a director and an assistant director who serve serves at |
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| 120 | + | 31 the pleasure of the commission. After June 30, 2025, the governor |
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| 121 | + | 32 shall appoint a director, and a director appointed under this |
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| 122 | + | 33 subsection shall serve at the pleasure of the governor. The director |
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| 123 | + | 34 and the assistant director must have a background in the horse industry, |
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| 124 | + | 35 a high level of management skills, and previous experience with |
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| 125 | + | 36 pari-mutuel horse betting administration. |
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| 126 | + | 37 (b) The director and the assistant director shall: |
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| 127 | + | 38 (1) attend all meetings of the commission; |
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| 128 | + | 39 (2) keep a complete record of the commission's proceedings; |
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| 129 | + | 40 (3) preserve at the commission's office all documents entrusted to |
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| 130 | + | 41 the commission's care; and |
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| 131 | + | 42 (4) perform other duties the commission prescribes; and |
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| 132 | + | EH 1053—LS 6212/DI 107 3 |
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| 133 | + | 1 (5) hire an assistant director. |
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| 134 | + | 2 (c) The director may do the following: |
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| 135 | + | 3 (1) Negotiate an interstate compact that enables party states to act |
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| 136 | + | 4 jointly and cooperatively to create more uniform, effective, and |
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| 137 | + | 5 efficient practices, programs, and rules concerning horse racing |
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| 138 | + | 6 and pari-mutuel wagering on horse racing in the party states. |
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| 139 | + | 7 (2) Represent Indiana on a commission to negotiate an interstate |
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| 140 | + | 8 compact described in subdivision (1). |
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| 141 | + | 9 SECTION 5. IC 4-31-3-11.5 IS AMENDED TO READ AS |
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| 142 | + | 10 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 11.5. The commission |
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| 143 | + | 11 shall employ or contract for judges and stewards to attend each |
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| 144 | + | 12 recognized meeting held under a permit issued under this article. A |
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| 145 | + | 13 contracted judge or steward shall be considered an employee of the |
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| 146 | + | 14 commission for the purpose of IC 4-6-2-1.5(a). The permit holder |
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| 147 | + | 15 shall, in the manner prescribed by the rules of the commission, |
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| 148 | + | 16 reimburse the commission for the salaries and other expenses of the |
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| 149 | + | 17 judges and stewards who serve at the permit holder's racetrack. |
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| 150 | + | 18 SECTION 6. IC 4-31-5-9, AS AMENDED BY P.L.165-2021, |
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| 151 | + | 19 SECTION 45, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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| 152 | + | 20 JULY 1, 2025]: Sec. 9. (a) The commission shall determine the dates |
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| 153 | + | 21 and (if the commission adopts a rule under subsection (c)) the number |
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| 154 | + | 22 of racing days authorized under each recognized meeting permit. |
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| 155 | + | 23 Except for racing at winterized tracks, a recognized meeting may not |
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| 156 | + | 24 be conducted after December 10 of a calendar year. |
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| 157 | + | 25 (b) Except as provided in subsection (c), the commission shall |
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| 158 | + | 26 require at least two hundred eighty (280) but not more than three |
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| 159 | + | 27 hundred thirty (330) total live racing days each calendar year combined |
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| 160 | + | 28 at both racetracks, as follows: |
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| 161 | + | 29 (1) At least one hundred sixty (160) but not more than one |
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| 162 | + | 30 hundred eighty (180) live racing days must be for standardbreds |
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| 163 | + | 31 to race at Hoosier Park. a licensed parimutuel horse racing |
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| 164 | + | 32 track located in Madison County. |
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| 165 | + | 33 (2) At least one hundred twenty (120) but not more than one |
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| 166 | + | 34 hundred fifty (150) live racing days must be for horses that are: |
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| 167 | + | 35 (A) mounted by jockeys; and |
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| 168 | + | 36 (B) run on a course without jumps or obstacles; |
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| 169 | + | 37 to race at Indiana Grand. a licensed parimutuel horse racing |
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| 170 | + | 38 track located in Shelby County. |
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| 171 | + | 39 The requirements of this subsection are a continuing condition for |
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| 172 | + | 40 maintaining the permit holder's permit. However, the requirements do |
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| 173 | + | 41 not apply if the commission determines that the permit holder is |
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| 174 | + | 42 prevented from conducting live horse racing as a result of a natural |
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| 175 | + | EH 1053—LS 6212/DI 107 4 |
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| 176 | + | 1 disaster or another event over which the permit holder has no control. |
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| 177 | + | 2 (c) The commission may by rule adjust any of the following: |
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| 178 | + | 3 (1) The total required number of live racing days under subsection |
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| 179 | + | 4 (b). |
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| 180 | + | 5 (2) The number of live racing days required under subsection |
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| 181 | + | 6 (b)(1). |
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| 182 | + | 7 (3) The number of live racing days required under subsection |
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| 183 | + | 8 (b)(2). |
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| 184 | + | 9 (d) A permit holder may not conduct more than fourteen (14) races |
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| 185 | + | 10 on a particular racing day, unless authorized by the commission to |
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| 186 | + | 11 conduct additional races. |
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| 187 | + | 12 SECTION 7. IC 4-31-12-2, AS AMENDED BY P.L.34-2006, |
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| 188 | + | 13 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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| 189 | + | 14 JULY 1, 2025]: Sec. 2. (a) Except as permitted by the rules of the |
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| 190 | + | 15 commission, a horse participating in a race may not carry in its body |
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| 191 | + | 16 any foreign substance. |
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| 192 | + | 17 (b) The commission shall adopt the rules the commission considers |
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| 193 | + | 18 necessary to implement this section. Before adopting a rule with regard |
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| 194 | + | 19 to permitting the use of any medication, the commission shall consider |
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| 195 | + | 20 the ARCI model rules. approved by the Association of Racing |
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| 196 | + | 21 Commissioners International. |
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| 197 | + | 22 (c) In order to inform the racetrack patrons of those horses running |
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| 198 | + | 23 with medication, the permit holder shall indicate in the racing program |
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| 199 | + | 24 a horse that is racing with a medication permitted by the rules of the |
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| 200 | + | 25 commission. |
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| 201 | + | 26 SECTION 8. IC 4-31-13-2, AS AMENDED BY P.L.210-2013, |
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| 202 | + | 27 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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| 203 | + | 28 JULY 1, 2025]: Sec. 2. (a) The commission may adopt rules under |
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| 204 | + | 29 IC 4-22-2 to delegate to the stewards and judges of racing meetings |
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| 205 | + | 30 under the jurisdiction of the commission the power to conduct |
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| 206 | + | 31 disciplinary hearings on behalf of the commission. The stewards and |
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| 207 | + | 32 judges shall give at least twelve (12) hours notice of any such hearing. |
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| 208 | + | 33 The stewards and judges, on behalf of the commission, may impose one |
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| 209 | + | 34 (1) or more of the following sanctions against a licensee who violates |
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| 210 | + | 35 this article or the rules or orders of the commission: |
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| 211 | + | 36 (1) A civil penalty not to exceed five thousand dollars ($5,000). |
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| 212 | + | 37 (2) A temporary order or other immediate action in the nature of |
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| 213 | + | 38 a summary suspension if a licensee's actions constitute an |
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| 214 | + | 39 immediate danger to the public health, safety, or welfare. |
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| 215 | + | 40 (3) Suspension of a license held by the licensee for not more than |
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| 216 | + | 41 one (1) year. three (3) years. The suspension of a license under |
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| 217 | + | 42 this subdivision is: |
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| 218 | + | EH 1053—LS 6212/DI 107 5 |
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| 219 | + | 1 (A) valid even though the suspension extends beyond the |
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| 220 | + | 2 period of the racing meeting for which the stewards and judges |
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| 221 | + | 3 have been appointed; and |
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| 222 | + | 4 (B) effective at all other racing meetings under the jurisdiction |
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| 223 | + | 5 of the commission. |
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| 224 | + | 6 (4) A rule that a person must stay off the premises of one (1) or |
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| 225 | + | 7 more permit holders if necessary in the public interest to maintain |
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| 226 | + | 8 proper control over recognized meetings. |
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| 227 | + | 9 (5) Referral of the matter to the commission for its consideration. |
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| 228 | + | 10 However, at least two (2) of the stewards or judges at a racing meeting |
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| 229 | + | 11 must concur in a suspension or civil penalty. |
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| 230 | + | 12 (b) Unless a suspension of a license or the imposition of a civil |
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| 231 | + | 13 penalty under this section is appealed by the person sanctioned not |
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| 232 | + | 14 more than fifteen (15) days after being sanctioned, the suspension of a |
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| 233 | + | 15 license or the imposition of a civil penalty under this section must |
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| 234 | + | 16 occur within one hundred eighty (180) three hundred sixty-five (365) |
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| 235 | + | 17 days after the date of the violation. |
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| 236 | + | 18 (c) A suspension or civil penalty under this section may be appealed |
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| 237 | + | 19 to the commission. Judges and stewards imposing sanctions under this |
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| 238 | + | 20 section must prove the person's violation by a preponderance of the |
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| 239 | + | 21 evidence. The commission shall adopt rules establishing procedures for |
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| 240 | + | 22 appeals and stays of appeals. The commission shall conduct a hearing |
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| 241 | + | 23 on an appeal filed under this section as provided in IC 4-21.5. |
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| 242 | + | 24 SECTION 9. IC 4-33-2-14 IS AMENDED TO READ AS |
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| 243 | + | 25 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 14. "Occupational |
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| 244 | + | 26 license" means a license: |
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| 245 | + | 27 (1) issued by the commission under IC 4-33-8; and |
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| 246 | + | 28 (2) that must be held by an individual described in |
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| 247 | + | 29 IC 4-33-8-1.5. |
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| 248 | + | 30 SECTION 10. IC 4-33-4-18, AS AMENDED BY P.L.170-2005, |
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| 249 | + | 31 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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| 250 | + | 32 JULY 1, 2025]: Sec. 18. (a) The state police department may assist the |
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| 251 | + | 33 commission in conducting background investigations of applicants. |
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| 252 | + | 34 The commission may forward all fingerprints required to be submitted |
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| 253 | + | 35 by license applicants under IC 4-33 to the Federal Bureau of |
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| 254 | + | 36 Investigation or any other agency for the purpose of screening |
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| 255 | + | 37 applicants. The commission shall reimburse the state police department |
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| 256 | + | 38 for the costs incurred by the state police department as a result of the |
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| 257 | + | 39 assistance. The commission shall make the payment from fees |
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| 258 | + | 40 collected from applicants. |
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| 259 | + | 41 (b) (a) The commission, through its gaming agents, shall conduct |
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| 260 | + | 42 background criminal history investigations of occupational license |
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| 261 | + | EH 1053—LS 6212/DI 107 6 |
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| 262 | + | 1 applicants Costs incurred conducting the investigations must be paid |
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| 263 | + | 2 from fees collected from applicants. and occupational licensees under |
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| 264 | + | 3 IC 4-33-8-1.5 for purposes of carrying out: |
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| 265 | + | 4 (1) the commission's statutory powers and responsibilities; |
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| 266 | + | 5 and |
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| 267 | + | 6 (2) rules adopted; |
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| 268 | + | 7 under this article. |
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| 269 | + | 8 (b) For purposes of carrying out the commission's statutory |
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| 270 | + | 9 powers and responsibilities, the commission shall require an |
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| 271 | + | 10 applicant or licensee described in subsection (a) to submit the |
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| 272 | + | 11 fingerprints of the applicant or licensee for review by the state |
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| 273 | + | 12 police department and the Federal Bureau of Investigation: |
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| 274 | + | 13 (1) for a criminal history record check; and |
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| 275 | + | 14 (2) in the form and manner required by the state police |
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| 276 | + | 15 department and the Federal Bureau of Investigation. |
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| 277 | + | 16 (c) The state police department shall provide to the commission |
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| 278 | + | 17 the results of each criminal history record check requested by the |
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| 279 | + | 18 commission under: |
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| 280 | + | 19 (1) this section; and |
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| 281 | + | 20 (2) rules adopted under this article. |
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| 282 | + | 21 (d) The state police department may charge the commission a |
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| 283 | + | 22 fee for a criminal history record check required under this section. |
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| 284 | + | 23 The commission shall pay a fee charged under this subsection from |
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| 285 | + | 24 money received from fees collected from occupational license |
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| 286 | + | 25 applicants or licensees. |
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| 287 | + | 26 SECTION 11. IC 4-33-8-1.5 IS ADDED TO THE INDIANA CODE |
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| 288 | + | 27 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
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| 289 | + | 28 1, 2025]: Sec. 1.5. An individual who meets any of the following |
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| 290 | + | 29 descriptions, or who holds a position that meets the equivalent of |
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| 291 | + | 30 any of the following descriptions, is required to hold an |
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| 292 | + | 31 occupational license: |
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| 293 | + | 32 (1) An individual who is determined to require an |
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| 294 | + | 33 occupational license under: |
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| 295 | + | 34 (A) 68 IAC 2-2; |
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| 296 | + | 35 (B) 68 IAC 2-3; or |
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| 297 | + | 36 (C) 68 IAC 27-2. |
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| 298 | + | 37 (2) A key person, as defined by the commission. |
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| 299 | + | 38 (3) A substantial owner, as defined by the commission. |
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| 300 | + | 39 (4) An employee, agent, or affiliate of a gaming operation |
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| 301 | + | 40 who: |
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| 302 | + | 41 (A) is not described in subdivisions (1) through (3); |
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| 303 | + | 42 (B) has applied for or holds a license issued by the |
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| 304 | + | EH 1053—LS 6212/DI 107 7 |
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| 305 | + | 1 commission under IC 4-33-6, IC 4-33-7, IC 4-35, or |
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| 306 | + | 2 IC 4-38; and |
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| 307 | + | 3 (C) the commission deems necessary to ensure compliance |
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| 308 | + | 4 with this article and rules adopted under this article. |
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| 309 | + | 5 SECTION 12. IC 4-33-8-6 IS AMENDED TO READ AS |
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| 310 | + | 6 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 6. In accordance with |
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| 311 | + | 7 IC 4-33-4-18, an applicant for an occupational license must submit |
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| 312 | + | 8 with the application two (2) sets of the applicant's fingerprints. The |
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| 313 | + | 9 applicant must submit the fingerprints on forms provided by the |
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| 314 | + | 10 commission. The commission shall charge each applicant a fee set by |
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| 315 | + | 11 the state police department to defray the costs associated with the |
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| 316 | + | 12 search and classification of the applicant's fingerprints. |
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| 317 | + | 13 SECTION 13. IC 25-38.1-4-5.5, AS AMENDED BY P.L.9-2014, |
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| 318 | + | 14 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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| 319 | + | 15 JULY 1, 2025]: Sec. 5.5. (a) Each person who provides veterinary |
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| 320 | + | 16 medical services shall maintain medical records, as defined by rules |
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| 321 | + | 17 adopted by the board. |
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| 322 | + | 18 (b) Veterinary medical records include the following: |
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| 323 | + | 19 (1) Written records and notes, radiographs, sonographic images, |
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| 324 | + | 20 video recordings, photographs or other images, and laboratory |
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| 325 | + | 21 reports. |
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| 326 | + | 22 (2) Other information received as the result of consultation. |
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| 327 | + | 23 (3) Identification of any designated agent of the owner for the |
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| 328 | + | 24 purpose of authorizing veterinary medical or animal health care |
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| 329 | + | 25 decisions. |
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| 330 | + | 26 (4) Any authorizations, releases, waivers, or other related |
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| 331 | + | 27 documents. |
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| 332 | + | 28 (c) The client is entitled to a copy or summary of the veterinary |
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| 333 | + | 29 medical records. A veterinarian may charge a reasonable fee for |
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| 334 | + | 30 copying or summarizing the requested veterinary medical record. The |
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| 335 | + | 31 veterinarian may require that the request be in writing. |
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| 336 | + | 32 (d) Except as provided in subsections (e) and (f) or upon written |
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| 337 | + | 33 authorization of the client, an animal's veterinary medical record and |
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| 338 | + | 34 medical condition is confidential and may not be: |
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| 339 | + | 35 (1) furnished to; or |
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| 340 | + | 36 (2) discussed with; |
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| 341 | + | 37 any person other than the client or other veterinarians involved in the |
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| 342 | + | 38 care or treatment of the animal. |
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| 343 | + | 39 (e) An animal's veterinary medical records and medical condition |
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| 344 | + | 40 must be furnished within five (5) business days without written client |
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| 345 | + | 41 authorization under the following circumstances: |
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| 346 | + | 42 (1) Access to the records is specifically required by a state or |
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| 347 | + | EH 1053—LS 6212/DI 107 8 |
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| 348 | + | 1 federal statute. |
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| 349 | + | 2 (2) An order by a court with jurisdiction in a civil or criminal |
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| 350 | + | 3 action upon the court's issuance of a subpoena and notice to the |
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| 351 | + | 4 client or the client's legal representative. |
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| 352 | + | 5 (3) As part of an inspection or investigation conducted by the |
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| 353 | + | 6 board or an agent of the board. |
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| 354 | + | 7 (4) As part of a request from a regulatory or health authority, |
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| 355 | + | 8 physician, or veterinarian: |
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| 356 | + | 9 (A) to verify a rabies vaccination of an animal; or |
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| 357 | + | 10 (B) to investigate a threat to human or animal health, or for the |
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| 358 | + | 11 protection of animal or public health and welfare. |
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| 359 | + | 12 (5) As a part of an animal cruelty report and associated applicable |
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| 360 | + | 13 records that are part of an abuse investigation by law enforcement |
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| 361 | + | 14 or a governmental agency. |
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| 362 | + | 15 (6) To a law enforcement agency as part of a criminal |
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| 363 | + | 16 investigation. |
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| 364 | + | 17 (7) To the Indiana horse racing commission as part of an |
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| 365 | + | 18 investigation in which a horse under the care, control, or |
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| 366 | + | 19 ownership of a licensee (as defined in IC 4-31-2.1-19) has been |
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| 367 | + | 20 treated by the veterinarian or a member of the veterinarian's |
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| 368 | + | 21 staff. |
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| 369 | + | 22 (f) An animal's veterinary medical records and medical condition |
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| 370 | + | 23 may be furnished without written client authorization under the |
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| 371 | + | 24 following circumstances: |
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| 372 | + | 25 (1) To the School of Veterinary Medicine at Purdue University, |
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| 373 | + | 26 the animal disease diagnostic laboratory, or a state agency or |
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| 374 | + | 27 commission. However, an animal's veterinary medical records |
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| 375 | + | 28 remain confidential unless the information is disclosed in a |
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| 376 | + | 29 manner allowed under this section. |
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| 377 | + | 30 (2) Veterinary medical records that are released by the board of |
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| 378 | + | 31 animal health when in the judgment of the state veterinarian the |
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| 379 | + | 32 disclosure is necessary or helpful in advancing animal health or |
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| 380 | + | 33 protecting public health. |
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| 381 | + | 34 (3) For statistical and scientific research, if the information is |
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| 382 | + | 35 abstracted in a way as to protect the identity of the animal and the |
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| 383 | + | 36 client. |
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| 384 | + | 37 (g) An animal's veterinary medical records must be kept and |
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| 385 | + | 38 maintained by the veterinarian for at least three (3) years after the |
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| 386 | + | 39 veterinarian's last encounter with the animal. |
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| 387 | + | 40 SECTION 14. An emergency is declared for this act. |
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| 388 | + | EH 1053—LS 6212/DI 107 9 |
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| 389 | + | COMMITTEE REPORT |
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| 390 | + | Mr. Speaker: Your Committee on Public Policy, to which was |
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| 391 | + | referred House Bill 1053, has had the same under consideration and |
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| 392 | + | begs leave to report the same back to the House with the |
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| 393 | + | recommendation that said bill be amended as follows: |
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| 394 | + | Page 5, between lines 11 and 12, begin a new paragraph and insert: |
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| 395 | + | "SECTION 8. IC 4-33-2-14 IS AMENDED TO READ AS |
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| 396 | + | FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 14. "Occupational |
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| 397 | + | license" means a license: |
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| 398 | + | (1) issued by the commission under IC 4-33-8; and |
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| 399 | + | (2) that must be held by an individual described in |
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| 400 | + | IC 4-33-8-1.5. |
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| 401 | + | SECTION 9. IC 4-33-4-18, AS AMENDED BY P.L.170-2005, |
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| 402 | + | SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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| 403 | + | JULY 1, 2025]: Sec. 18. (a) The state police department may assist the |
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| 404 | + | commission in conducting background investigations of applicants. |
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| 405 | + | The commission may forward all fingerprints required to be submitted |
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| 406 | + | by license applicants under IC 4-33 to the Federal Bureau of |
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| 407 | + | Investigation or any other agency for the purpose of screening |
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| 408 | + | applicants. The commission shall reimburse the state police department |
---|
| 409 | + | for the costs incurred by the state police department as a result of the |
---|
| 410 | + | assistance. The commission shall make the payment from fees |
---|
| 411 | + | collected from applicants. |
---|
| 412 | + | (b) (a) The commission, through its gaming agents, shall conduct |
---|
| 413 | + | background criminal history investigations of occupational license |
---|
| 414 | + | applicants Costs incurred conducting the investigations must be paid |
---|
| 415 | + | from fees collected from applicants. and occupational licensees under |
---|
| 416 | + | IC 4-33-8-1.5 for purposes of carrying out: |
---|
| 417 | + | (1) the commission's statutory powers and responsibilities; |
---|
| 418 | + | and |
---|
| 419 | + | (2) rules adopted; |
---|
| 420 | + | under this article. |
---|
| 421 | + | (b) For purposes of carrying out the commission's statutory |
---|
| 422 | + | powers and responsibilities, the commission shall require an |
---|
| 423 | + | applicant or licensee described in subsection (a) to submit the |
---|
| 424 | + | fingerprints of the applicant or licensee for review by the state |
---|
| 425 | + | police department and the Federal Bureau of Investigation: |
---|
| 426 | + | (1) for a criminal history record check; and |
---|
| 427 | + | (2) in the form and manner required by the state police |
---|
| 428 | + | department and the Federal Bureau of Investigation. |
---|
| 429 | + | (c) The state police department shall provide to the commission |
---|
| 430 | + | the results of each criminal history record check requested by the |
---|
| 431 | + | EH 1053—LS 6212/DI 107 10 |
---|
| 432 | + | commission under: |
---|
| 433 | + | (1) this section; and |
---|
| 434 | + | (2) rules adopted under this article. |
---|
| 435 | + | (d) The state police department may charge the commission a |
---|
| 436 | + | fee for a criminal history record check required under this section. |
---|
| 437 | + | The commission shall pay a fee charged under this subsection from |
---|
| 438 | + | money received from fees collected from occupational license |
---|
| 439 | + | applicants or licensees. |
---|
| 440 | + | SECTION 10. IC 4-33-8-1.5 IS ADDED TO THE INDIANA CODE |
---|
188 | | - | judges and stewards who serve at the permit holder's racetrack. |
---|
189 | | - | SECTION 11. IC 4-31-5-9, AS AMENDED BY P.L.165-2021, |
---|
190 | | - | SECTION 45, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
191 | | - | JULY 1, 2025]: Sec. 9. (a) The commission shall determine the dates |
---|
192 | | - | and (if the commission adopts a rule under subsection (c)) the number |
---|
193 | | - | of racing days authorized under each recognized meeting permit. |
---|
194 | | - | Except for racing at winterized tracks, a recognized meeting may not |
---|
195 | | - | be conducted after December 10 of a calendar year. |
---|
196 | | - | (b) Except as provided in subsection (c), the commission shall |
---|
197 | | - | require at least two hundred eighty (280) but not more than three |
---|
198 | | - | hundred thirty (330) total live racing days each calendar year combined |
---|
199 | | - | at both racetracks, as follows: |
---|
200 | | - | (1) At least one hundred sixty (160) but not more than one |
---|
201 | | - | hundred eighty (180) live racing days must be for standardbreds |
---|
202 | | - | to race at Hoosier Park. a licensed parimutuel horse racing |
---|
203 | | - | track located in Madison County. |
---|
204 | | - | (2) At least one hundred twenty (120) but not more than one |
---|
205 | | - | hundred fifty (150) live racing days must be for horses that are: |
---|
206 | | - | (A) mounted by jockeys; and |
---|
207 | | - | (B) run on a course without jumps or obstacles; |
---|
208 | | - | HEA 1053 — CC 1 6 |
---|
209 | | - | to race at Indiana Grand. a licensed parimutuel horse racing |
---|
210 | | - | track located in Shelby County. |
---|
211 | | - | The requirements of this subsection are a continuing condition for |
---|
212 | | - | maintaining the permit holder's permit. However, the requirements do |
---|
213 | | - | not apply if the commission determines that the permit holder is |
---|
214 | | - | prevented from conducting live horse racing as a result of a natural |
---|
215 | | - | disaster or another event over which the permit holder has no control. |
---|
216 | | - | (c) The commission may by rule adjust any of the following: |
---|
217 | | - | (1) The total required number of live racing days under subsection |
---|
218 | | - | (b). |
---|
219 | | - | (2) The number of live racing days required under subsection |
---|
220 | | - | (b)(1). |
---|
221 | | - | (3) The number of live racing days required under subsection |
---|
222 | | - | (b)(2). |
---|
223 | | - | (d) A permit holder may not conduct more than fourteen (14) races |
---|
224 | | - | on a particular racing day, unless authorized by the commission to |
---|
225 | | - | conduct additional races. |
---|
226 | | - | SECTION 12. IC 4-31-12-2, AS AMENDED BY P.L.34-2006, |
---|
227 | | - | SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
228 | | - | JULY 1, 2025]: Sec. 2. (a) Except as permitted by the rules of the |
---|
229 | | - | commission, a horse participating in a race may not carry in its body |
---|
230 | | - | any foreign substance. |
---|
231 | | - | (b) The commission shall adopt the rules the commission considers |
---|
232 | | - | necessary to implement this section. Before adopting a rule with regard |
---|
233 | | - | to permitting the use of any medication, the commission shall consider |
---|
234 | | - | the ARCI model rules. approved by the Association of Racing |
---|
235 | | - | Commissioners International. |
---|
236 | | - | (c) In order to inform the racetrack patrons of those horses running |
---|
237 | | - | with medication, the permit holder shall indicate in the racing program |
---|
238 | | - | a horse that is racing with a medication permitted by the rules of the |
---|
239 | | - | commission. |
---|
240 | | - | SECTION 13. IC 4-31-13-2, AS AMENDED BY P.L.210-2013, |
---|
241 | | - | SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
242 | | - | JULY 1, 2025]: Sec. 2. (a) The commission may adopt rules under |
---|
243 | | - | IC 4-22-2 to delegate to the stewards and judges of racing meetings |
---|
244 | | - | under the jurisdiction of the commission the power to conduct |
---|
245 | | - | disciplinary hearings on behalf of the commission. The stewards and |
---|
246 | | - | judges shall give at least twelve (12) hours notice of any such hearing. |
---|
247 | | - | The stewards and judges, on behalf of the commission, may impose one |
---|
248 | | - | (1) or more of the following sanctions against a licensee who violates |
---|
249 | | - | this article or the rules or orders of the commission: |
---|
250 | | - | (1) A civil penalty not to exceed five thousand dollars ($5,000). |
---|
251 | | - | HEA 1053 — CC 1 7 |
---|
252 | | - | (2) A temporary order or other immediate action in the nature of |
---|
253 | | - | a summary suspension if a licensee's actions constitute an |
---|
254 | | - | immediate danger to the public health, safety, or welfare. |
---|
255 | | - | (3) Suspension of a license held by the licensee for not more than |
---|
256 | | - | one (1) year. three (3) years. The suspension of a license under |
---|
257 | | - | this subdivision is: |
---|
258 | | - | (A) valid even though the suspension extends beyond the |
---|
259 | | - | period of the racing meeting for which the stewards and judges |
---|
260 | | - | have been appointed; and |
---|
261 | | - | (B) effective at all other racing meetings under the jurisdiction |
---|
262 | | - | of the commission. |
---|
263 | | - | (4) A rule that a person must stay off the premises of one (1) or |
---|
264 | | - | more permit holders if necessary in the public interest to maintain |
---|
265 | | - | proper control over recognized meetings. |
---|
266 | | - | (5) Referral of the matter to the commission for its consideration. |
---|
267 | | - | However, at least two (2) of the stewards or judges at a racing meeting |
---|
268 | | - | must concur in a suspension or civil penalty. |
---|
269 | | - | (b) Unless a suspension of a license or the imposition of a civil |
---|
270 | | - | penalty under this section is appealed by the person sanctioned not |
---|
271 | | - | more than fifteen (15) days after being sanctioned, the suspension of a |
---|
272 | | - | license or the imposition of a civil penalty under this section must |
---|
273 | | - | occur within one hundred eighty (180) three hundred sixty-five (365) |
---|
274 | | - | days after the date of the violation. |
---|
275 | | - | (c) A suspension or civil penalty under this section may be appealed |
---|
276 | | - | to the commission. Judges and stewards imposing sanctions under this |
---|
277 | | - | section must prove the person's violation by a preponderance of the |
---|
278 | | - | evidence. The commission shall adopt rules establishing procedures for |
---|
279 | | - | appeals and stays of appeals. The commission shall conduct a hearing |
---|
280 | | - | on an appeal filed under this section as provided in IC 4-21.5. |
---|
281 | | - | SECTION 14. IC 4-33-2-14 IS AMENDED TO READ AS |
---|
282 | | - | FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 14. "Occupational |
---|
283 | | - | license" means a license: |
---|
284 | | - | (1) issued by the commission under IC 4-33-8; and |
---|
285 | | - | (2) that must be held by an individual described in |
---|
286 | | - | IC 4-33-8-1.5. |
---|
287 | | - | SECTION 15. IC 4-33-4-18, AS AMENDED BY P.L.170-2005, |
---|
288 | | - | SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
289 | | - | JULY 1, 2025]: Sec. 18. (a) The state police department may assist the |
---|
290 | | - | commission in conducting background investigations of applicants. |
---|
291 | | - | The commission may forward all fingerprints required to be submitted |
---|
292 | | - | by license applicants under IC 4-33 to the Federal Bureau of |
---|
293 | | - | Investigation or any other agency for the purpose of screening |
---|
294 | | - | HEA 1053 — CC 1 8 |
---|
295 | | - | applicants. The commission shall reimburse the state police department |
---|
296 | | - | for the costs incurred by the state police department as a result of the |
---|
297 | | - | assistance. The commission shall make the payment from fees |
---|
298 | | - | collected from applicants. |
---|
299 | | - | (b) (a) The commission, through its gaming agents, shall conduct |
---|
300 | | - | background criminal history investigations of occupational license |
---|
301 | | - | applicants Costs incurred conducting the investigations must be paid |
---|
302 | | - | from fees collected from applicants. and occupational licensees under |
---|
303 | | - | IC 4-33-8-1.5 for purposes of carrying out: |
---|
304 | | - | (1) the commission's statutory powers and responsibilities; |
---|
305 | | - | and |
---|
306 | | - | (2) rules adopted; |
---|
307 | | - | under this article. |
---|
308 | | - | (b) For purposes of carrying out the commission's statutory |
---|
309 | | - | powers and responsibilities, the commission shall require an |
---|
310 | | - | applicant or licensee described in subsection (a) to submit the |
---|
311 | | - | fingerprints of the applicant or licensee for review by the state |
---|
312 | | - | police department and the Federal Bureau of Investigation: |
---|
313 | | - | (1) for a criminal history record check; and |
---|
314 | | - | (2) in the form and manner required by the state police |
---|
315 | | - | department and the Federal Bureau of Investigation. |
---|
316 | | - | (c) The state police department shall provide to the commission |
---|
317 | | - | the results of each criminal history record check requested by the |
---|
318 | | - | commission under: |
---|
319 | | - | (1) this section; and |
---|
320 | | - | (2) rules adopted under this article. |
---|
321 | | - | (d) The state police department may charge the commission a |
---|
322 | | - | fee for a criminal history record check required under this section. |
---|
323 | | - | The commission shall pay a fee charged under this subsection from |
---|
324 | | - | money received from fees collected from occupational license |
---|
325 | | - | applicants or licensees. |
---|
326 | | - | SECTION 16. IC 4-33-8-1.5 IS ADDED TO THE INDIANA CODE |
---|
327 | | - | AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
---|
328 | | - | 1, 2025]: Sec. 1.5. An individual who meets any of the following |
---|
329 | | - | descriptions, or who holds a position that meets the equivalent of |
---|
330 | | - | any of the following descriptions, is required to hold an |
---|
331 | | - | occupational license: |
---|
332 | | - | (1) An individual who is determined to require an |
---|
333 | | - | occupational license under: |
---|
334 | | - | (A) 68 IAC 2-2; |
---|
335 | | - | (B) 68 IAC 2-3; or |
---|
336 | | - | (C) 68 IAC 27-2. |
---|
337 | | - | HEA 1053 — CC 1 9 |
---|
338 | | - | (2) A key person, as defined by the commission. |
---|
339 | | - | (3) A substantial owner, as defined by the commission. |
---|
340 | | - | (4) An employee, agent, or affiliate of a gaming operation |
---|
341 | | - | who: |
---|
342 | | - | (A) is not described in subdivisions (1) through (3); |
---|
343 | | - | (B) has applied for or holds a license issued by the |
---|
344 | | - | commission under IC 4-33-6, IC 4-33-7, IC 4-35, or |
---|
345 | | - | IC 4-38; and |
---|
346 | | - | (C) the commission deems necessary to ensure compliance |
---|
347 | | - | with this article and rules adopted under this article. |
---|
348 | | - | SECTION 17. IC 4-33-8-6 IS AMENDED TO READ AS |
---|
349 | | - | FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 6. In accordance with |
---|
350 | | - | IC 4-33-4-18, an applicant for an occupational license must submit |
---|
351 | | - | with the application two (2) sets of the applicant's fingerprints. The |
---|
352 | | - | applicant must submit the fingerprints on forms provided by the |
---|
353 | | - | commission. The commission shall charge each applicant a fee set by |
---|
354 | | - | the state police department to defray the costs associated with the |
---|
355 | | - | search and classification of the applicant's fingerprints. |
---|
356 | | - | SECTION 18. IC 7.1-3-15-3 IS AMENDED TO READ AS |
---|
357 | | - | FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 3. (a) The holder of a |
---|
358 | | - | wine dealer's permit shall be entitled to purchase wine only from a |
---|
359 | | - | permittee who is authorized to sell to a wine dealer under this title. A |
---|
360 | | - | wine dealer shall be entitled to sell wine for consumption off the |
---|
361 | | - | licensed premises only and not by the drink. |
---|
362 | | - | (b) A wine dealer shall be entitled to sell wine in permissible |
---|
363 | | - | containers in a quantity of not more than three (3) standard cases, as |
---|
364 | | - | determined under the rules of the commission, in a single transaction. |
---|
365 | | - | However, a wine dealer who is licensed under IC 7.1-3-10-4 may |
---|
366 | | - | possess wine and sell it at retail in its original package to a customer |
---|
367 | | - | only for consumption off the licensed premises. |
---|
368 | | - | (c) Unless a wine dealer is a grocery store or drug store, a wine |
---|
369 | | - | dealer may not sell or deliver alcoholic beverages or any other item |
---|
370 | | - | through a window in the licensed premises to a patron who is outside |
---|
371 | | - | the licensed premises. A wine dealer that is a grocery store or drug |
---|
372 | | - | store may sell any item except alcoholic beverages through a window |
---|
373 | | - | in the licensed premises to a person who is outside the licensed |
---|
374 | | - | premises. |
---|
375 | | - | (d) However, A wine dealer may deliver wine as follows: |
---|
376 | | - | (1) Except as provided in subdivision (2), only in permissible |
---|
377 | | - | containers to a customer's: |
---|
378 | | - | (A) residence; or |
---|
379 | | - | (B) office. |
---|
380 | | - | HEA 1053 — CC 1 10 |
---|
381 | | - | (2) In the case of a wine dealer who is licensed under |
---|
382 | | - | IC 7.1-3-10-4, may deliver wine only in permissible containers to |
---|
383 | | - | a customer's: |
---|
384 | | - | (A) residence; |
---|
385 | | - | (B) office; or |
---|
386 | | - | (C) designated location. |
---|
387 | | - | This A wine delivery may only be performed by the permit holder or |
---|
388 | | - | an employee who holds an employee permit. The permit holder shall |
---|
389 | | - | maintain a written record of each delivery for at least one (1) year that |
---|
390 | | - | shows the customer's name, location of delivery, and quantity sold. |
---|
391 | | - | SECTION 19. IC 7.1-3-18-9, AS AMENDED BY P.L.220-2023, |
---|
392 | | - | SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
393 | | - | JULY 1, 2025]: Sec. 9. (a) The commission may issue an employee's |
---|
394 | | - | permit to a person who desires to act as: |
---|
395 | | - | (1) a clerk in a package liquor store; |
---|
396 | | - | (2) an employee who serves wine at a farm winery; |
---|
397 | | - | (3) a bartender, waiter, waitress, or manager in a retail |
---|
398 | | - | establishment, excepting dining car and boat employees; or |
---|
399 | | - | (4) an employee of a dealer licensed under IC 7.1-3-5-3, or |
---|
400 | | - | IC 7.1-3-10-7, or IC 7.1-3-15-3 to deliver beer, or liquor, or |
---|
401 | | - | wine. |
---|
402 | | - | (b) A permit authorized by this section is conditioned upon the |
---|
403 | | - | compliance by the holder with reasonable rules relating to the permit |
---|
404 | | - | which the commission may prescribe from time to time. |
---|
405 | | - | (c) A permit issued under this section entitles its holder to work for |
---|
406 | | - | any lawful employer. However, a person may work without an |
---|
407 | | - | employee's permit for thirty (30) days from the date shown on a receipt |
---|
408 | | - | for a cashier's check or money order payable to the commission for that |
---|
409 | | - | person's employee's permit application. |
---|
410 | | - | (d) A person who, for a package liquor store or retail establishment, |
---|
411 | | - | is: |
---|
412 | | - | (1) the sole proprietor; |
---|
413 | | - | (2) a partner, a general partner, or a limited partner in a |
---|
414 | | - | partnership or limited partnership that owns the business |
---|
415 | | - | establishment; |
---|
416 | | - | (3) a member of a limited liability company that owns the |
---|
417 | | - | business establishment; or |
---|
418 | | - | (4) a stockholder in a corporation that owns the business |
---|
419 | | - | establishment; |
---|
420 | | - | is not required to obtain an employee's permit in order to perform any |
---|
421 | | - | of the acts listed in subsection (a). |
---|
422 | | - | (e) An applicant may declare on the application form that the |
---|
423 | | - | HEA 1053 — CC 1 11 |
---|
424 | | - | applicant will use the employee's permit only to perform volunteer |
---|
425 | | - | service that benefits a nonprofit organization. It is unlawful for an |
---|
426 | | - | applicant who makes a declaration under this subsection to use an |
---|
427 | | - | employee's permit for any purpose other than to perform volunteer |
---|
428 | | - | service that benefits a nonprofit organization. |
---|
429 | | - | (f) The commission may not issue an employee's permit to an |
---|
430 | | - | applicant while the applicant is serving a sentence for a conviction for |
---|
431 | | - | operating while intoxicated, including any term of probation or parole. |
---|
432 | | - | (g) The commission may not issue an employee's permit to an |
---|
433 | | - | applicant who has two (2) unrelated convictions for operating while |
---|
434 | | - | intoxicated if: |
---|
435 | | - | (1) the first conviction occurred less than ten (10) years before the |
---|
436 | | - | date of the applicant's application for the permit; and |
---|
437 | | - | (2) the applicant completed the sentence for the second |
---|
438 | | - | conviction, including any term of probation or parole, less than |
---|
439 | | - | two (2) years before the date of the applicant's application for the |
---|
440 | | - | permit. |
---|
441 | | - | (h) If an applicant for an employee's permit has at least three (3) |
---|
442 | | - | unrelated convictions for operating while intoxicated in the ten (10) |
---|
443 | | - | years immediately preceding the date of the applicant's application for |
---|
444 | | - | the permit, the commission may not grant the issuance of the permit. |
---|
445 | | - | If, in the ten (10) years immediately preceding the date of the |
---|
446 | | - | applicant's application the applicant has: |
---|
447 | | - | (1) one (1) conviction for operating while intoxicated, and the |
---|
448 | | - | applicant is not subject to subsection (f); or |
---|
449 | | - | (2) two (2) unrelated convictions for operating while intoxicated, |
---|
450 | | - | and the applicant is not subject to subsection (f) or (g); |
---|
451 | | - | the commission may grant or deny the issuance of a permit. |
---|
452 | | - | (i) Except as provided under section 9.5 of this chapter, the |
---|
453 | | - | commission shall revoke a permit issued to an employee under this |
---|
454 | | - | section if: |
---|
455 | | - | (1) the employee is convicted of a Class B misdemeanor for |
---|
456 | | - | violating IC 7.1-5-10-15(a); or |
---|
457 | | - | (2) the employee is convicted of operating while intoxicated after |
---|
458 | | - | the issuance of the permit. |
---|
459 | | - | The commission may revoke a permit issued to an employee under this |
---|
460 | | - | section for any violation of this title or the rules adopted by the |
---|
461 | | - | commission. |
---|
462 | | - | SECTION 20. IC 7.1-3-20-16.8, AS AMENDED BY P.L.145-2024, |
---|
463 | | - | SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
464 | | - | JULY 1, 2025]: Sec. 16.8. (a) A permit that is authorized by this |
---|
465 | | - | section may be issued without regard to the quota provisions of |
---|
466 | | - | HEA 1053 — CC 1 12 |
---|
467 | | - | IC 7.1-3-22. |
---|
468 | | - | (b) Except as provided in section 16.3 of this chapter, the |
---|
469 | | - | commission may issue not more than four (4) new three-way permits |
---|
470 | | - | to sell alcoholic beverages for on-premises consumption to applicants |
---|
471 | | - | in each of the following municipalities: |
---|
472 | | - | (1) Whitestown. |
---|
473 | | - | (2) Lebanon. |
---|
474 | | - | (3) Zionsville. |
---|
475 | | - | (4) Westfield. |
---|
476 | | - | (5) Carmel. |
---|
477 | | - | (6) Fishers. |
---|
478 | | - | (7) Noblesville. |
---|
479 | | - | (c) The following apply to permits issued under subsection (b): |
---|
480 | | - | (1) An applicant for a permit under subsection (b) must be a |
---|
481 | | - | proprietor, as owner or lessee, or both, of a restaurant located |
---|
482 | | - | within an economic development area, an area needing |
---|
483 | | - | redevelopment, or a redevelopment district as established under |
---|
484 | | - | IC 36-7-14 in a municipality's: |
---|
485 | | - | (A) downtown redevelopment district; or |
---|
486 | | - | (B) downtown economic revitalization area. |
---|
487 | | - | (2) The cost of an initial permit is forty thousand dollars |
---|
488 | | - | ($40,000). |
---|
489 | | - | (3) The total number of active permits issued under subsection (b) |
---|
490 | | - | may not exceed twenty-four (24) permits at any time. If any of the |
---|
491 | | - | permits issued under subsection (b) are revoked or not renewed, |
---|
492 | | - | the commission may issue only enough new permits to bring the |
---|
493 | | - | total number of permits to twenty-four (24) active permits, with |
---|
494 | | - | not more than four (4) in each municipality listed in subsection |
---|
495 | | - | (b)(1) through (b)(6). |
---|
496 | | - | (4) The municipality may adopt an ordinance under |
---|
497 | | - | IC 7.1-3-19-17 requiring a permit holder to enter into a formal |
---|
498 | | - | written commitment as a condition of eligibility for a permit. As |
---|
499 | | - | set forth in IC 7.1-3-19-17(b), a formal written commitment is |
---|
500 | | - | binding on the permit holder and on any lessee or proprietor of |
---|
501 | | - | the permit premises. |
---|
502 | | - | (5) Notwithstanding IC 7.1-3-1-3.5 and IC 7.1-3-1.1, if business |
---|
503 | | - | operations cease at the permit premises for more than six (6) |
---|
504 | | - | months, the permit shall revert to the commission and the permit |
---|
505 | | - | holder is not entitled to any refund or other compensation. |
---|
506 | | - | (6) Except as provided in subdivision (8), the ownership of a |
---|
507 | | - | permit may not be transferred. |
---|
508 | | - | (7) A permit may not be transferred from the premises for which |
---|
509 | | - | HEA 1053 — CC 1 13 |
---|
510 | | - | the permit was issued. |
---|
511 | | - | (8) If the area in which the permit premises is located is no longer |
---|
512 | | - | designated an economic development area, an area needing |
---|
513 | | - | redevelopment, or a redevelopment district, a permit issued under |
---|
514 | | - | this section may be renewed, and the ownership of the permit may |
---|
515 | | - | be transferred, but the permit may not be transferred from the |
---|
516 | | - | permit premises. |
---|
517 | | - | (d) Except as provided in section 16.3 of this chapter, in addition to |
---|
518 | | - | the permits issued to the town of Whitestown under subsection (c), the |
---|
519 | | - | commission may issue to the town of Whitestown not more than: |
---|
520 | | - | (1) three (3) new three-way permits; and |
---|
521 | | - | (2) three (3) new two-way permits; |
---|
522 | | - | under this subsection. |
---|
523 | | - | (e) The following apply to permits issued under subsection (d): |
---|
524 | | - | (1) An applicant for a permit under subsection (d)(1) or (d)(2) |
---|
525 | | - | must be a proprietor, an owner or lessee, or both, of a restaurant |
---|
526 | | - | located within an economic development area, an area needing |
---|
527 | | - | redevelopment, or a redevelopment district as established under |
---|
528 | | - | IC 36-7-14 in a municipality's: |
---|
529 | | - | (A) downtown redevelopment district; or |
---|
530 | | - | (B) downtown economic revitalization area. |
---|
531 | | - | (2) The cost of an initial permit is forty thousand dollars |
---|
532 | | - | ($40,000). |
---|
533 | | - | (3) The total number of active permits issued under subsection (d) |
---|
534 | | - | may not exceed the six (6) permits allocated by permit type, as set |
---|
535 | | - | forth in that subsection. |
---|
536 | | - | (4) The municipality may adopt an ordinance under |
---|
537 | | - | IC 7.1-3-19-17 requiring a permit holder to enter into a formal |
---|
538 | | - | written commitment as a condition of eligibility for a permit. As |
---|
539 | | - | set forth in IC 7.1-3-19-17(b), a formal written commitment is |
---|
540 | | - | binding on the permit holder and on any lessee or proprietor of |
---|
541 | | - | the permit premises. |
---|
542 | | - | (5) Notwithstanding IC 7.1-3-1.1, if business operations cease at |
---|
543 | | - | the permit premises for more than six (6) months, the permit shall |
---|
544 | | - | revert to the commission and the permit holder is not entitled to |
---|
545 | | - | any refund or other compensation. |
---|
546 | | - | (6) Except as provided in subdivision (8), the ownership of a |
---|
547 | | - | permit may not be transferred. |
---|
548 | | - | (7) A permit may not be transferred from the premises for which |
---|
549 | | - | the permit was issued. |
---|
550 | | - | (8) If the area in which the permit issued to a premises under |
---|
551 | | - | subsection (d)(1) or (d)(2) is located is no longer designated an |
---|
552 | | - | HEA 1053 — CC 1 14 |
---|
553 | | - | economic development area, an area needing redevelopment, or |
---|
554 | | - | a redevelopment district, a permit issued under this section may |
---|
555 | | - | be renewed, and the ownership of the permit may be transferred, |
---|
556 | | - | but the permit may not be transferred from the permit premises. |
---|
557 | | - | (f) Except as provided in section 16.3 of this chapter, in addition to |
---|
558 | | - | the permits issued to the city of Noblesville under subsection (c), the |
---|
559 | | - | commission may issue to the city of Noblesville not more than ten (10) |
---|
560 | | - | new three-way permits under this subsection. The new three-way |
---|
561 | | - | permits may be issued as follows: |
---|
562 | | - | (1) Three (3) new three-way permits in 2024. |
---|
563 | | - | (2) Three (3) new three-way permits in 2025. |
---|
564 | | - | (3) Four (4) new three-way permits in 2026. |
---|
565 | | - | If the commission does not issue the amount of three-way permits |
---|
566 | | - | allowed in subdivisions (1) through (3) in that year, any unissued |
---|
567 | | - | permits will roll over and may be issued in a subsequent year. |
---|
568 | | - | (g) The following apply to permits issued under subsection (f): |
---|
569 | | - | (1) An applicant for a permit under subsection (f) must be a |
---|
570 | | - | proprietor, an owner or lessee, or both, of a restaurant located |
---|
571 | | - | within an economic development area, an area needing |
---|
572 | | - | redevelopment, or a redevelopment district as established under |
---|
573 | | - | IC 36-7-14 in a municipality's: |
---|
574 | | - | (A) downtown redevelopment district; or |
---|
575 | | - | (B) downtown economic revitalization area. |
---|
576 | | - | (2) The cost of an initial permit is forty thousand dollars |
---|
577 | | - | ($40,000). |
---|
578 | | - | (3) The total number of active permits issued under subsection (f) |
---|
579 | | - | may not exceed the ten (10) new three-way permits, as set forth |
---|
580 | | - | in that subsection. |
---|
581 | | - | (4) The municipality may adopt an ordinance under |
---|
582 | | - | IC 7.1-3-19-17 requiring a permit holder to enter into a formal |
---|
583 | | - | written commitment as a condition of eligibility for a permit. As |
---|
584 | | - | set forth in IC 7.1-3-19-17(b), a formal written commitment is |
---|
585 | | - | binding on the permit holder and on any lessee or proprietor of |
---|
586 | | - | the permit premises. |
---|
587 | | - | (5) Notwithstanding IC 7.1-3-1.1, if business operations cease at |
---|
588 | | - | the permit premises for more than six (6) months, the permit shall |
---|
589 | | - | revert to the commission and the permit holder is not entitled to |
---|
590 | | - | any refund or other compensation. |
---|
591 | | - | (6) Except as provided in subdivision (8), the ownership of a |
---|
592 | | - | permit may not be transferred. |
---|
593 | | - | (7) A permit may not be transferred from the premises for which |
---|
594 | | - | the permit was issued. |
---|
595 | | - | HEA 1053 — CC 1 15 |
---|
596 | | - | (8) If the area in which the permit issued to a premises under |
---|
597 | | - | subsection (f) is located is no longer designated an economic |
---|
598 | | - | development area, an area needing redevelopment, or a |
---|
599 | | - | redevelopment district, a permit issued under this section may be |
---|
600 | | - | renewed, and the ownership of the permit may be transferred, but |
---|
601 | | - | the permit may not be transferred from the permit premises. |
---|
602 | | - | (h) Except as provided in section 16.3 of this chapter, the |
---|
603 | | - | commission may issue to the city of Delphi not more than two (2) new |
---|
604 | | - | three-way permits under this subsection. |
---|
605 | | - | (i) The following apply to permits issued under subsection (h): |
---|
606 | | - | (1) An applicant for a permit under subsection (h) must be a |
---|
607 | | - | proprietor, an owner or lessee, or both, of a restaurant located |
---|
608 | | - | within an economic development area, an area needing |
---|
609 | | - | redevelopment, or a redevelopment district as established under |
---|
610 | | - | IC 36-7-14 in a municipality's: |
---|
611 | | - | (A) downtown redevelopment district; or |
---|
612 | | - | (B) downtown economic revitalization area. |
---|
613 | | - | (2) The cost of an initial permit is forty thousand dollars |
---|
614 | | - | ($40,000). |
---|
615 | | - | (3) The total number of active permits issued under subsection (h) |
---|
616 | | - | may not exceed the two (2) new three-way permits, as set forth in |
---|
617 | | - | that subsection. |
---|
618 | | - | (4) The municipality may adopt an ordinance under |
---|
619 | | - | IC 7.1-3-19-17 requiring a permit holder to enter into a formal |
---|
620 | | - | written commitment as a condition of eligibility for a permit. As |
---|
621 | | - | set forth in IC 7.1-3-19-17(b), a formal written commitment is |
---|
622 | | - | binding on the permit holder and on any lessee or proprietor of |
---|
623 | | - | the permit premises. |
---|
624 | | - | (5) Notwithstanding IC 7.1-3-1.1, if business operations cease at |
---|
625 | | - | the permit premises for more than six (6) months, the permit shall |
---|
626 | | - | revert to the commission and the permit holder is not entitled to |
---|
627 | | - | any refund or other compensation. |
---|
628 | | - | (6) Except as provided in subdivision (8), the ownership of a |
---|
629 | | - | permit may not be transferred. |
---|
630 | | - | (7) A permit may not be transferred from the premises for which |
---|
631 | | - | the permit was issued. |
---|
632 | | - | (8) If the area in which the permit issued to a premises under |
---|
633 | | - | subsection (h) is located is no longer designated an economic |
---|
634 | | - | development area, an area needing redevelopment, or a |
---|
635 | | - | redevelopment district, a permit issued under this section may be |
---|
636 | | - | renewed, and the ownership of the permit may be transferred, but |
---|
637 | | - | the permit may not be transferred from the permit premises. |
---|
638 | | - | HEA 1053 — CC 1 16 |
---|
639 | | - | (j) Except as provided in section 16.3 of this chapter, the |
---|
640 | | - | commission may issue to the city of Warsaw not more than three |
---|
641 | | - | (3) new three-way permits under this subsection. |
---|
642 | | - | (k) The following apply to permits issued under subsection (j): |
---|
643 | | - | (1) An applicant for a permit under subsection (j) must be a |
---|
644 | | - | proprietor, an owner or lessee, or both, of a restaurant |
---|
645 | | - | located within an economic development area, an area |
---|
646 | | - | needing redevelopment, or a redevelopment district as |
---|
647 | | - | established under IC 36-7-14 in a municipality's: |
---|
648 | | - | (A) downtown redevelopment district; or |
---|
649 | | - | (B) downtown economic revitalization area. |
---|
650 | | - | (2) The cost of an initial permit is forty thousand dollars |
---|
651 | | - | ($40,000). |
---|
652 | | - | (3) The total number of active permits issued under |
---|
653 | | - | subsection (j) may not exceed the three (3) new three-way |
---|
654 | | - | permits, as set forth in that subsection. |
---|
655 | | - | (4) The municipality may adopt an ordinance under |
---|
656 | | - | IC 7.1-3-19-17 requiring a permit holder to enter into a |
---|
657 | | - | formal written commitment as a condition of eligibility for a |
---|
658 | | - | permit. As set forth in IC 7.1-3-19-17(b), a formal written |
---|
659 | | - | commitment is binding on the permit holder and on any lessee |
---|
660 | | - | or proprietor of the permit premises. |
---|
661 | | - | (5) Notwithstanding IC 7.1-3-1.1, if business operations cease |
---|
662 | | - | at the permit premises for more than six (6) months, the |
---|
663 | | - | permit shall revert to the commission and the permit holder |
---|
664 | | - | is not entitled to any refund or other compensation. |
---|
665 | | - | (6) Except as provided in subdivision (8), the ownership of a |
---|
666 | | - | permit may not be transferred. |
---|
667 | | - | (7) A permit may not be transferred from the premises for |
---|
668 | | - | which the permit was issued. |
---|
669 | | - | (8) If the area in which the permit issued to a premises under |
---|
670 | | - | subsection (j) is located is no longer designated an economic |
---|
671 | | - | development area, an area needing redevelopment, or a |
---|
672 | | - | redevelopment district, a permit issued under this section may |
---|
673 | | - | be renewed, and the ownership of the permit may be |
---|
674 | | - | transferred, but the permit may not be transferred from the |
---|
675 | | - | permit premises. |
---|
676 | | - | (l) Except as provided in section 16.3 of this chapter, the |
---|
677 | | - | commission may issue to the town of Syracuse not more than one |
---|
678 | | - | (1) new three-way permit under this subsection. |
---|
679 | | - | (m) The following apply to a permit issued under subsection (l): |
---|
680 | | - | (1) An applicant for a permit under subsection (l) must be a |
---|
681 | | - | HEA 1053 — CC 1 17 |
---|
682 | | - | proprietor, an owner or lessee, or both, of a restaurant |
---|
683 | | - | located within an economic development area, an area |
---|
684 | | - | needing redevelopment, or a redevelopment district as |
---|
685 | | - | established under IC 36-7-14 in a municipality's: |
---|
686 | | - | (A) downtown redevelopment district; or |
---|
687 | | - | (B) downtown economic revitalization area. |
---|
688 | | - | (2) The cost of an initial permit is forty thousand dollars |
---|
689 | | - | ($40,000). |
---|
690 | | - | (3) The total number of active permits issued under |
---|
691 | | - | subsection (l) may not exceed the one (1) new three-way |
---|
692 | | - | permit, as set forth in that subsection. |
---|
693 | | - | (4) The municipality may adopt an ordinance under |
---|
694 | | - | IC 7.1-3-19-17 requiring a permit holder to enter into a |
---|
695 | | - | formal written commitment as a condition of eligibility for a |
---|
696 | | - | permit. As set forth in IC 7.1-3-19-17(b), a formal written |
---|
697 | | - | commitment is binding on the permit holder and on any lessee |
---|
698 | | - | or proprietor of the permit premises. |
---|
699 | | - | (5) Notwithstanding IC 7.1-3-1.1, if business operations cease |
---|
700 | | - | at the permit premises for more than six (6) months, the |
---|
701 | | - | permit shall revert to the commission and the permit holder |
---|
702 | | - | is not entitled to any refund or other compensation. |
---|
703 | | - | (6) Except as provided in subdivision (8), the ownership of a |
---|
704 | | - | permit may not be transferred. |
---|
705 | | - | (7) A permit may not be transferred from the premises for |
---|
706 | | - | which the permit was issued. |
---|
707 | | - | (8) If the area in which the permit issued to a premises under |
---|
708 | | - | subsection (l) is located is no longer designated an economic |
---|
709 | | - | development area, an area needing redevelopment, or a |
---|
710 | | - | redevelopment district, a permit issued under this section may |
---|
711 | | - | be renewed, and the ownership of the permit may be |
---|
712 | | - | transferred, but the permit may not be transferred from the |
---|
713 | | - | permit premises. |
---|
714 | | - | SECTION 21. IC 7.1-3-23-6 IS AMENDED TO READ AS |
---|
715 | | - | FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 6. Revocation of |
---|
716 | | - | Permits: Procedure. The commission shall give at least ten (10) three |
---|
717 | | - | (3) business days notice to the holder of the permit proposed to be |
---|
718 | | - | revoked. The notice shall inform the holder of the time and place of the |
---|
719 | | - | hearing to be held in regard to the proposed revocation. Unless |
---|
720 | | - | otherwise provided in this title, all further procedures with reference to |
---|
721 | | - | the revocation of a permit shall be prescribed by rule and regulation of |
---|
722 | | - | the commission. |
---|
723 | | - | SECTION 22. IC 7.1-3-27-3, AS AMENDED BY P.L.220-2023, |
---|
724 | | - | HEA 1053 — CC 1 18 |
---|
725 | | - | SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
726 | | - | JULY 1, 2025]: Sec. 3. (a) An artisan distiller may produce not more |
---|
727 | | - | than twenty thousand (20,000) thirty thousand (30,000) gallons of |
---|
728 | | - | liquor in any calendar year. Liquor produced by an artisan distiller that |
---|
729 | | - | is sold through a wholesaler licensed under IC 7.1-3-8 may not be |
---|
730 | | - | counted toward the gallonage limit. |
---|
731 | | - | (b) An artisan distiller who knowingly or intentionally violates this |
---|
732 | | - | section commits a Class B misdemeanor. |
---|
733 | | - | SECTION 23. IC 7.1-3-27-8, AS AMENDED BY P.L.194-2021, |
---|
734 | | - | SECTION 59, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
735 | | - | JULY 1, 2025]: Sec. 8. (a) The holder of an artisan distiller's permit |
---|
736 | | - | may do only the following: |
---|
737 | | - | (1) Manufacture liquor, including blending liquor purchased from |
---|
738 | | - | another manufacturer with liquor the artisan distiller |
---|
739 | | - | manufactures under section 11 of this chapter. |
---|
740 | | - | (2) Bottle liquor manufactured by the artisan distiller. |
---|
741 | | - | (3) Insert liquor manufactured by the artisan distiller into a |
---|
742 | | - | container. |
---|
743 | | - | (4) Store liquor manufactured by the artisan distiller, including at |
---|
744 | | - | a facility located within ten (10) miles of the artisan distiller's |
---|
745 | | - | distillery. |
---|
746 | | - | (5) Transport, sell, and deliver liquor manufactured by the artisan |
---|
747 | | - | distiller to: |
---|
748 | | - | (A) places outside Indiana; or |
---|
749 | | - | (B) the holder of a liquor wholesaler's permit under IC 7.1-3-8. |
---|
750 | | - | (6) Sell liquor manufactured by the artisan distiller to consumers |
---|
751 | | - | by the drink, bottle, container, or case from the licensed premises |
---|
752 | | - | of the distillery where the liquor was manufactured. |
---|
753 | | - | Notwithstanding IC 7.1-1-3-20, the licensed premises may |
---|
754 | | - | include the distillery parking lot or an area adjacent to the artisan |
---|
755 | | - | distillery. The parking lot or adjacent area may only be used for |
---|
756 | | - | the purpose of conveying alcoholic beverages and other |
---|
757 | | - | nonalcoholic items to a customer subject to section 8.1 of this |
---|
758 | | - | chapter and may not be used for point of sale purposes or any |
---|
759 | | - | other purpose. |
---|
760 | | - | (7) Serve complimentary samples of the liquor manufactured by |
---|
761 | | - | the artisan distiller to consumers on the premises of the distillery |
---|
762 | | - | where the liquor was manufactured. |
---|
763 | | - | (8) Sell liquor as authorized by this section for carryout on |
---|
764 | | - | Sunday in a quantity at any one (1) time of not more than four and |
---|
765 | | - | five-tenths (4.5) liters. |
---|
766 | | - | (9) With the approval of the commission, participate: |
---|
767 | | - | HEA 1053 — CC 1 19 |
---|
768 | | - | (A) individually; or |
---|
769 | | - | (B) with other permit holders under this chapter, holders of |
---|
770 | | - | farm winery permits, holders of brewer's permits issued under |
---|
771 | | - | IC 7.1-3-2-2(b), or any combination of holders described in |
---|
772 | | - | this clause; |
---|
773 | | - | in a trade show or an exposition at which products of each permit |
---|
774 | | - | holder participant are displayed, promoted, and sold. All of the |
---|
775 | | - | permit holders may occupy the same tent, structure, or building. |
---|
776 | | - | The commission may not grant to a holder of a permit under this |
---|
777 | | - | chapter approval under this subdivision to participate in a trade |
---|
778 | | - | show or exposition for more than forty-five (45) days in a |
---|
779 | | - | calendar year. |
---|
780 | | - | (10) Be the proprietor of a restaurant that is not subject to the |
---|
781 | | - | minimum gross food sales or the minimum projected food sales |
---|
782 | | - | set forth in 905 IAC 1-41-2 and the gross retail income |
---|
783 | | - | requirements to sell carryout under IC 7.1-3-20-9.5. A holder is |
---|
784 | | - | entitled to conduct the following activities: |
---|
785 | | - | (A) Hold a beer retailer's permit, a wine retailer's permit, or a |
---|
786 | | - | liquor retailer's permit for a restaurant. |
---|
787 | | - | (B) Transfer liquor directly from the artisan distillery to a |
---|
788 | | - | restaurant that the artisan distiller has an interest in by means |
---|
789 | | - | of: |
---|
790 | | - | (i) bottles; |
---|
791 | | - | (ii) bulk containers; or |
---|
792 | | - | (iii) a continuous flow system. |
---|
793 | | - | (C) Install a window between the artisan distillery and an |
---|
794 | | - | adjacent restaurant that allows the public and the holder of the |
---|
795 | | - | permit to view both premises. |
---|
796 | | - | (D) Install a doorway or other opening between the artisan |
---|
797 | | - | distillery and an adjacent restaurant that provides the public |
---|
798 | | - | and the holder of the permit with access to both the artisan |
---|
799 | | - | distillery and restaurant. |
---|
800 | | - | (11) A holder that does not distribute through an Indiana liquor |
---|
801 | | - | wholesaler is entitled under the artisan distiller's permit to sell and |
---|
802 | | - | deliver to a person holding a liquor retailer or liquor dealer permit |
---|
803 | | - | under this title a total of not more than one thousand (1,000) two |
---|
804 | | - | thousand (2,000) gallons of the artisan distillery's liquor in a |
---|
805 | | - | calendar year, if the artisan distiller has not sold in Indiana more |
---|
806 | | - | than nine thousand (9,000) ten thousand (10,000) gallons the |
---|
807 | | - | previous calendar year. A holder that sells and delivers under this |
---|
808 | | - | subdivision shall comply with all provisions applicable to a |
---|
809 | | - | wholesaler in 905 IAC 1-5.1, 905 IAC 1-5.2, 905 IAC 1-21, 905 |
---|
810 | | - | HEA 1053 — CC 1 20 |
---|
811 | | - | IAC 1-31, and 905 IAC 1-32.1. |
---|
812 | | - | (12) A holder must annually submit to the commission copies of |
---|
813 | | - | its Indiana and federal excise tax returns. |
---|
814 | | - | (13) Manufacture liquor at the licensed premises for another |
---|
815 | | - | holder of an artisan distiller's permit. Upon completion of the |
---|
816 | | - | manufacturing of the liquor for another permit holder under |
---|
817 | | - | this subdivision, the product must be transported to the |
---|
818 | | - | permit holder for which the liquor was manufactured. To |
---|
819 | | - | qualify under this subdivision: |
---|
820 | | - | (A) the permit holder for which the liquor is manufactured |
---|
821 | | - | must have manufactured not less than forty (40) gallons of |
---|
822 | | - | liquor produced from raw materials at the permit holder's |
---|
823 | | - | licensed premises in the previous calendar year; and |
---|
824 | | - | (B) the total number of gallons of liquor that a permit |
---|
825 | | - | holder manufactures under this subdivision may not |
---|
826 | | - | exceed the number of gallons of liquor the permit holder |
---|
827 | | - | produced from raw materials at the permit holder's |
---|
828 | | - | licensed premises in the same calendar year. |
---|
829 | | - | All records required by the federal Alcohol and Tobacco Tax |
---|
830 | | - | and Trade Bureau regarding the number of gallons of liquor |
---|
831 | | - | produced from raw materials at the licensed premises of a |
---|
832 | | - | permit holder must be available to the commission upon |
---|
833 | | - | request. The activity under this subdivision is not an interest |
---|
834 | | - | under IC 7.1-5-9. |
---|
835 | | - | (b) The holder of an artisan distiller's permit who provides samples |
---|
836 | | - | or sells liquor by the glass must furnish the minimum food |
---|
837 | | - | requirements prescribed by the commission. |
---|
838 | | - | (c) A storage facility used by an artisan distiller under subsection |
---|
839 | | - | (a)(4) must conform with federal laws, rules, and regulations. An |
---|
840 | | - | artisan distiller may transfer liquor from a separate storage facility back |
---|
841 | | - | to the artisan distillery. An artisan distiller may sell or transfer liquor |
---|
842 | | - | directly to a liquor wholesaler from a storage facility that is separate |
---|
843 | | - | from the artisan distillery. An artisan distiller may not sell or transfer |
---|
844 | | - | liquor from a storage facility to any other permittee or a consumer. The |
---|
845 | | - | artisan distiller shall maintain an adequate written record of the liquor |
---|
846 | | - | transferred: |
---|
847 | | - | (1) between the artisan distillery and the storage facility; and |
---|
848 | | - | (2) from the storage facility to the liquor wholesaler. |
---|
849 | | - | (d) The holder of an artisan distiller's permit may transport liquor to |
---|
850 | | - | and from a brewery located within the same county for the purposes of |
---|
851 | | - | carbonating and canning by the brewery. The activity under this |
---|
852 | | - | subsection is not an interest under IC 7.1-5-9. |
---|
853 | | - | HEA 1053 — CC 1 21 |
---|
854 | | - | (e) An artisan distiller who knowingly or intentionally violates this |
---|
855 | | - | section commits a Class B misdemeanor. |
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856 | | - | SECTION 24. IC 7.1-3-31-12, AS ADDED BY P.L.167-2023, |
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857 | | - | SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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858 | | - | JULY 1, 2025]: Sec. 12. (a) A designated permittee or vendor within |
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859 | | - | the refreshment area may allow a person to exit the designated |
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860 | | - | permittee's or vendor's licensed premises with not more than two (2) |
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861 | | - | open containers of an alcoholic beverage at a time. The contents of an |
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862 | | - | open container may not exceed the following: |
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863 | | - | (1) Beer or flavored malt beverage of not more than sixteen (16) |
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864 | | - | ounces. |
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865 | | - | (2) Wine, cider, or hard seltzer of not more than twelve (12) |
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866 | | - | ounces. |
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867 | | - | (3) A mixed drink of not more than ten (10) ounces containing not |
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868 | | - | more than two (2) ounces of liquor. |
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869 | | - | (b) A municipality may not require a designated permittee or |
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870 | | - | vendor to purchase containers for alcoholic beverages from a |
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871 | | - | certain vendor. |
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872 | | - | SECTION 25. IC 25-38.1-4-5.5, AS AMENDED BY P.L.9-2014, |
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873 | | - | SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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874 | | - | JULY 1, 2025]: Sec. 5.5. (a) Each person who provides veterinary |
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875 | | - | medical services shall maintain medical records, as defined by rules |
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876 | | - | adopted by the board. |
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877 | | - | (b) Veterinary medical records include the following: |
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878 | | - | (1) Written records and notes, radiographs, sonographic images, |
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879 | | - | video recordings, photographs or other images, and laboratory |
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880 | | - | reports. |
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881 | | - | (2) Other information received as the result of consultation. |
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882 | | - | (3) Identification of any designated agent of the owner for the |
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883 | | - | purpose of authorizing veterinary medical or animal health care |
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884 | | - | decisions. |
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885 | | - | (4) Any authorizations, releases, waivers, or other related |
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886 | | - | documents. |
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887 | | - | (c) The client is entitled to a copy or summary of the veterinary |
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888 | | - | medical records. A veterinarian may charge a reasonable fee for |
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889 | | - | copying or summarizing the requested veterinary medical record. The |
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890 | | - | veterinarian may require that the request be in writing. |
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891 | | - | (d) Except as provided in subsections (e) and (f) or upon written |
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892 | | - | authorization of the client, an animal's veterinary medical record and |
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893 | | - | medical condition is confidential and may not be: |
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894 | | - | (1) furnished to; or |
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895 | | - | (2) discussed with; |
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896 | | - | HEA 1053 — CC 1 22 |
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897 | | - | any person other than the client or other veterinarians involved in the |
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898 | | - | care or treatment of the animal. |
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899 | | - | (e) An animal's veterinary medical records and medical condition |
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900 | | - | must be furnished within five (5) business days without written client |
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901 | | - | authorization under the following circumstances: |
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902 | | - | (1) Access to the records is specifically required by a state or |
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903 | | - | federal statute. |
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904 | | - | (2) An order by a court with jurisdiction in a civil or criminal |
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905 | | - | action upon the court's issuance of a subpoena and notice to the |
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906 | | - | client or the client's legal representative. |
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907 | | - | (3) As part of an inspection or investigation conducted by the |
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908 | | - | board or an agent of the board. |
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909 | | - | (4) As part of a request from a regulatory or health authority, |
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910 | | - | physician, or veterinarian: |
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911 | | - | (A) to verify a rabies vaccination of an animal; or |
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912 | | - | (B) to investigate a threat to human or animal health, or for the |
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913 | | - | protection of animal or public health and welfare. |
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914 | | - | (5) As a part of an animal cruelty report and associated applicable |
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915 | | - | records that are part of an abuse investigation by law enforcement |
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916 | | - | or a governmental agency. |
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917 | | - | (6) To a law enforcement agency as part of a criminal |
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918 | | - | investigation. |
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919 | | - | (7) To the Indiana horse racing commission as part of an |
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920 | | - | investigation in which a horse under the care, control, or |
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921 | | - | ownership of a licensee (as defined in IC 4-31-2.1-19) has been |
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922 | | - | treated by the veterinarian or a member of the veterinarian's |
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923 | | - | staff. |
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924 | | - | (f) An animal's veterinary medical records and medical condition |
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925 | | - | may be furnished without written client authorization under the |
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926 | | - | following circumstances: |
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927 | | - | (1) To the School of Veterinary Medicine at Purdue University, |
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928 | | - | the animal disease diagnostic laboratory, or a state agency or |
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929 | | - | commission. However, an animal's veterinary medical records |
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930 | | - | remain confidential unless the information is disclosed in a |
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931 | | - | manner allowed under this section. |
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932 | | - | (2) Veterinary medical records that are released by the board of |
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933 | | - | animal health when in the judgment of the state veterinarian the |
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934 | | - | disclosure is necessary or helpful in advancing animal health or |
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935 | | - | protecting public health. |
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936 | | - | (3) For statistical and scientific research, if the information is |
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937 | | - | abstracted in a way as to protect the identity of the animal and the |
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938 | | - | client. |
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939 | | - | HEA 1053 — CC 1 23 |
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940 | | - | (g) An animal's veterinary medical records must be kept and |
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941 | | - | maintained by the veterinarian for at least three (3) years after the |
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942 | | - | veterinarian's last encounter with the animal. |
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943 | | - | SECTION 26. IC 35-52-4-7.7 IS ADDED TO THE INDIANA |
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| 594 | + | judges and stewards who serve at the permit holder's racetrack.". |
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| 595 | + | Page 6, line 20, delete "must hold" and insert "is determined to |
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| 596 | + | require". |
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| 597 | + | Page 8, after line 27, begin a new paragraph and insert: |
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| 598 | + | EH 1053—LS 6212/DI 107 14 |
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| 599 | + | "SECTION 16. IC 35-52-4-7.7 IS ADDED TO THE INDIANA |
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