Title 4, TITLE 4. STATE OFFICES AND ADMINISTRATION

Sec. 2. (a) This article applies only to public works contracts solicited after June 30, 1985. (b) This article applies to work or improvements to be performed on real property that is being or that will be leased by the state from another person if the lease gives the state an o…

Sec. 3. (a) This article applies to every expenditure of public funds, regardless of their source, including federal assistance money, by any governmental body for any public works project. (b) This article does not apply to the following: (1) The Indiana commission for higher ed…

Sec. 4. The division shall comply with this article and the following statutes in the administration of public works contracts: (1) IC 5-16-3. (2) IC 5-16-6. (3) IC 5-16-8. (4) IC 5-16-9. (5) IC 5-16-13. (6) IC 5-16-14. As added by P.L.24-1985, SEC.7. Amended by P.L.26-1989, SEC.…

Sec. 5. The following statutes do not apply to public works, public works contracts, or professional service contracts covered under this article: (1) IC 5-16-1. (2) IC 5-16-2. (3) IC 5-16-5. (4) IC 5-16-5.5. As added by P.L.24-1985, SEC.7.

Sec. 6. All parties involved in the negotiation, performance, or administration of contracts covered by this article shall act in good faith. As added by P.L.24-1985, SEC.7.

Sec. 7. Notwithstanding this article, the department shall comply with the terms and conditions of any grant, gift, bequest, or cooperative agreement involving a governmental body if noncompliance with those terms and conditions would invalidate the grant, gift, bequest, or coope…

Sec. 8. The division shall retain written determinations required by this article in the appropriate official contract file of the division. As added by P.L.24-1985, SEC.7.

Sec. 9. (a) As used in this section, "contract" includes a contract for professional services. (b) Except as provided in subsection (c) or by another law, records of the division are public records subject to public inspection under IC 5-14-3. (c) An officer or employee of the st…

references to previous statutes Sec. 0.1. (a) This article governs: (1) all proceedings, and all proceedings for judicial review or civil enforcement of agency action, commenced after June 30, 1987; and (2) proceedings conducted after June 30, 1987, on remand from a court. (b) Th…

Sec. 1. This article creates minimum procedural rights and imposes minimum procedural duties. As added by P.L.18-1986, SEC.1.

Sec. 2. Except to the extent precluded by a law, a person may waive any right conferred upon that person by this article. This section does not permit the waiver of any procedural duty imposed by this article. As added by P.L.18-1986, SEC.1.

Sec. 3. This article applies to an agency, except to the extent that a statute clearly and specifically provides otherwise. This article applies (to the extent that a statute other than this article specifically applies this article) to a class of otherwise exempt orders or one (…

Sec. 4. (a) This article does not apply to any of the following agencies: (1) The governor. (2) The state board of accounts. (3) The state educational institutions. (4) The department of workforce development. (5) The unemployment insurance review board of the department of workf…

Sec. 5. This article does not apply to the following agency actions: (1) The issuance of a warrant or jeopardy warrant for the collection of taxes. (2) A determination of probable cause or no probable cause by the civil rights commission. (3) A determination in a factfinding conf…

administrative review Sec. 6. This article does not apply to the formulation, issuance, or administrative review (but does apply to the judicial review and civil enforcement) of any of the following: (1) Except as provided in IC 12-17.2-3.5-17, IC 12-17.2-4-18.7, IC 12-17.2-5-18.…

Sec. 7. (a) Except as provided in subsection (b), IC 4-21.5-2.5 applies to all agencies in the executive department of state government, including the administrative department. (b) IC 4-21.5-2.5 does not apply to the Indiana occupational safety and health administration. As adde…

Sec. 8. The amendments made to IC 4-21.5-3-27.5 and the addition of IC 34-52-2-1.5 in the 2023 session of the general assembly only apply to agency actions commenced under IC 4-21.5-3 after June 30, 2023. As added by P.L.249-2023, SEC.5.

Sec. 0.5. For purposes of this Compact, the following definitions pertain throughout this article. As added by P.L.171-2021, SEC.1.

Sec. 1. "Any Offense" means, as referenced in IC 4-29.5-4-9(3), any criminal offense whether committed in Indiana or any other jurisdiction, that is, or would be, a crime under the provisions of the Title 35 of the Indiana Code, Criminal Law and Procedure, as amended, or any othe…

Sec. 10. "Fraud or Misrepresentation" means a criminal offense committed in Indiana or any other jurisdiction, involving, theft, fraud, or misrepresentation, which is a felony or would be a felony if committed in Indiana, and which was committed as an adult or prosecuted as an ad…

Sec. 11. "Gambling Game" means: (1) gambling game as defined under IC 4-33-2-9 and IC 4-35-2-5; and (2) any game authorized under IC 4-30, IC 4-31, IC 4-32.3, or IC 4-36 if such game is played in an electronic or electromechanical format, including without limitation any video ga…

Sec. 12. "Gambling Operation" means: (1) a gambling operation as that term is defined in IC 4-33-2-10 and any permit holder under IC 4-35-2-9 if the permit holder is licensed to conduct Gambling Games pursuant to IC 4-35-5; and (2) any other single location that is permitted to c…

Sec. 13. "Gaming Facility" means any building located on the South Bend Site where Class III gaming is conducted by the Band in accordance with this Compact. The term Gaming Facility is limited to the footprint of the Gaming Facility on the South Bend Site and does not include an…

Sec. 14. "Gaming Official or Employee" (collectively, "Gaming Officials and Employees") means regarding Class III gaming activities at each Gaming Facility: (i) primary management officials and key employees as those terms are defined by IGRA, NIGC regulations, and Pokagon Band G…

Sec. 15. "NIGC" means the National Indian Gaming Commission established by the IGRA. As added by P.L.171-2021, SEC.1.

Sec. 16. "Net Win" means the total amount wagered on each Electronic Game of Chance, minus the total amount paid to players for winning wagers at such Electronic Games of Chance. For purposes of calculating Net Win, the total amount wagered shall not include the value of Promotio…

Sec. 17. "Payment Period" means a twelve-month fiscal period beginning on August 1 and ending on July 31 of each year. As added by P.L.171-2021, SEC.1.

Sec. 18. "Person" means a business, individual, proprietorship, firm, partnership, joint venture, syndicate, trust, labor organization, company, corporation, association, committee, state, local government, government instrumentality or entity, or any other organization or group …

Sec. 19. "Pokagon Band Gaming Regulations" means: (i) the Pokagon Band Gaming Regulatory Act enacted into law by the Band and approved by the NIGC in accordance with IGRA, (ii) all gaming regulations duly promulgated by the Pokagon Band Gaming Commission in implementation of the …

Sec. 2. "Certificate of Self-Regulation" means the Certificate of Self-Regulation issued to the Band by the NIGC pursuant to IGRA and NIGC regulations (25 C.F.R. Part 518), which Certificate of Self-Regulation was first effective on January 1, 2019. As added by P.L.171-2021, SEC.…

Sec. 20. "Promotional Wagers" shall include wagers made by patrons using non-cashable vouchers, coupons, electronic credits, or electronic promotions provided by the Band without monetary consideration and which have no cash redemption value. As added by P.L.171-2021, SEC.1.

Sec. 21. "South Bend Site" means the trust and reservation lands acquired under section 6 of the Pokagon Restoration Act located in the City that consist of approximately 166 acres that were taken into trust for the Band by the United States on November 28, 2016, 81 Fed. Reg. 894…

Sec. 22. "Table Game" means any "house banking card game" as that term is defined in 25 C.F.R. 502.4(a). The term does not include any games or gaming devices that are Class II games under IGRA. As added by P.L.171-2021, SEC.1.

Sec. 23. "Tribal Chairperson" means the duly elected Chairperson of the Tribal Council of the Band. As added by P.L.171-2021, SEC.1.

Sec. 24. References in this chapter and elsewhere in this Compact to State, Band, or federal laws and regulations include all amendments thereto and any successor laws and regulations that may be enacted or promulgated. As added by P.L.171-2021, SEC.1.

Sec. 3. "City" means the City of South Bend, located in St. Joseph County, Indiana, an Indiana municipal corporation. As added by P.L.171-2021, SEC.1.

Sec. 4. "Class III gaming" means all forms of gaming authorized by this Compact, which are neither Class I nor Class II gaming, as such terms are defined in IGRA 2703(6) and (7). Only those forms of Class III gaming authorized by this Compact may be offered by the Band pursuant t…

Sec. 5. "Compact" means this Compact between the Band and the State negotiated and entered into pursuant to IGRA 2710(d)(3) to govern Class III gaming on the South Bend Site. As added by P.L.171-2021, SEC.1.

Sec. 6. "Compliance Oversight" means activities reasonably required to ensure that Class III gaming at the South Bend Site is being conducted in compliance with the express requirements of this Compact. Consistent with IC 4-29.5-4, Compliance Oversight shall not involve the exerc…

Sec. 7. "Confidential Information" means financial information, proprietary information, trade secrets, plans, methods, data, capital development, inventions or other information regarding the Band's Class III gaming operations and the games conducted by the Band, and any other g…

Sec. 8. "Electronic Game of Chance" means a "slot machine" and "electronic or electromechanical facsimiles of any game of chance" as those terms are defined in 25 C.F.R. 502.4(b) and 25 C.F.R. 502.8. The term Electronic Game of Chance does not include a toy crane machine, as defi…

Sec. 9. "Endorsement Date" means the date that the Compact was endorsed on behalf of the Band in accordance with IC 4-29.5-11-1(1). As added by P.L.171-2021, SEC.1.

Sec. 1. The definitions in this chapter apply throughout this article. As added by P.L.58-2019, SEC.4.

Sec. 1.5. "Accounting period" means the period of time for which a licensed entity reports to the gaming commission the entity's income, expenses, and charitable contributions. As added by P.L.145-2021, SEC.1.

Sec. 10. (a) "Bona fide political organization" means a party committee, association, fund, or other organization, whether incorporated or not, organized and operated primarily for the purpose of directly or indirectly accepting contributions or making expenditures, or both, for …

Sec. 11. "Bona fide veterans organization" means a local organization or a branch, lodge, or chapter of a state or national organization chartered by the Congress of the United States that is not for pecuniary profit and that: (1) consists of individuals who are or were members o…

Sec. 12. (a) "Casino game night" means an event in which wagers are placed upon the following permitted games of chance through the use of imitation money: (1) A card game approved by the commission. (2) A dice game approved by the commission. (3) A roulette wheel approved by the…

Sec. 12.5. "Charitable government services organization" means a bona fide charitable organization that meets the following requirements: (1) The organization: (A) operates; and (B) is in existence; in Indiana. (2) The organization has a constitution, articles, charter, or bylaws…

Sec. 13. "Commission" means the Indiana gaming commission established by IC 4-33-3-1. As added by P.L.58-2019, SEC.4.

Sec. 14. "Department" means the department of state revenue. As added by P.L.58-2019, SEC.4.