2016 Indiana Code
TITLE 4. STATE OFFICES AND ADMINISTRATION
ARTICLE 35. GAMBLING GAMES AT RACETRACKS
CHAPTER 3. GENERAL PROVISIONS
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IC 4-35-3
Chapter 3. General Provisions
IC 4-35-3-1
Shipments of gambling games
Sec. 1. All shipments of gambling devices, including slot
machines, to licensees in Indiana, the registering, recording, and
labeling of which have been completed by the manufacturer or dealer
in accordance with 15 U.S.C. 1171 through 15 U.S.C. 1178, are legal
shipments of gambling devices into Indiana.
As added by P.L.233-2007, SEC.21. Amended by P.L.255-2015,
SEC.23.
IC 4-35-3-2
Exemption from provisions
Sec. 2. Under 15 U.S.C. 1172, approved January 2, 1951, the state
of Indiana, acting by and through elected and qualified members of
the general assembly, declares that the state is exempt from 15
U.S.C. 1172.
As added by P.L.233-2007, SEC.21.
IC 4-35-3-3
Local authority preempted; local taxes prohibited; local
development agreements prohibited
Sec. 3. (a) This section does not apply to real or personal property
taxes imposed by a local taxing unit.
(b) Local governmental authority concerning all matters relating
to the gambling games at racetracks conducted under this article is
preempted by the state under this article.
(c) No tax or fee, except as provided in this article, shall be
assessed or collected from a permit holder by a political subdivision
having the power to assess or collect a tax or fee. This section does
not prohibit the assessment and levying of property taxes otherwise
authorized by law or the imposing of a special assessment (including
a ditch or drainage assessment, Barrett Law assessment,
improvement assessment, sewer assessment, or sewage assessment)
otherwise authorized by law to be imposed on property to be
benefitted by an improvement.
(d) A political subdivision may not enter an agreement with a
permit holder that requires any financial commitments from the
permit holder that are in addition to the fees and taxes imposed under
this article.
As added by P.L.233-2007, SEC.21.
IC 4-35-3-4
Legislative intent
Sec. 4. This article will maintain the public's confidence and trust
through:
Indiana Code 2016
(1) comprehensive law enforcement supervision; and
(2) the strict regulation of facilities, persons, associations, and
gambling games at racetracks under this article.
As added by P.L.233-2007, SEC.21.
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