§ 4-31-4-3 — Issuance of recognized meeting permit or satellite facility license; voter approval; ballot form; certification of election results; second and subsequent public questions

(a) This section does not apply to either of the
following:
(1) A permit holder who satisfies all of the following:
(A) The permit holder was issued a permit before January 2,
1996.
(B) The permit holder conducted live racing before January 2,
1996.
(C) The permit holder is currently operating under the permit.
(2) A person who satisfies all of the following:
(A) The person was issued a satellite facility license before
January 2, 1996.
(B) The person operated a satellite facility before January 2,
1996.
(C) The person is currently operating the satellite facility under
the license.
(b) This section applies if either of the following apply:
(1) Both of the following are satisfied:
(A) An ordinance is adopted under section 2 or 2.5 of this
chapter.
(B) The ordinance requires the voters of the county to approve
either of the following:
(i) The conducting of horse racing meetings in the county.
(ii) The operation of a satellite facility in the county.
(2) A local public question is required to be held under section
2.7 of this chapter following the filing of a petition with the
circuit court clerk:
(A) signed by at least the number of registered voters of the
county required under IC 3-8-6-3 to place a candidate on the
ballot; and
(B) requesting that the local public question set forth in
subsection (d) be placed on the ballot.
(c) Notwithstanding any other provision of this article, the
commission may not issue a recognized meeting permit under IC 4-31-5 to allow the conducting of or the assisting of the conducting of
a horse racing meeting unless the voters of the county in which the
property is located have approved conducting recognized meetings in
the county.
(d) For a local public question required to be held under subsection
(c), the county election board shall place the following question on the
ballot in the county during the next general election:
"Shall horse racing meetings at which pari-mutuel wagering
occurs be allowed in _____________ County?".
(e) Notwithstanding any other provision of this article, the
commission may not issue a satellite facility license under IC 4-31-5.5
to operate a satellite facility unless the voters of the county in which the
satellite facility will be located approve the operation of the satellite
facility in the county.
(f) For a local public question required to be held under subsection
(e), the county election board shall place the following question on the
ballot in the county during the next general election:
"Shall satellite facilities at which pari-mutuel wagering occurs be
allowed in _____________ County?".
(g) A public question under this section must be certified in
accordance with IC 3-10-9-3 and shall be placed on the ballot in
accordance with IC 3-10-9.
(h) The circuit court clerk of a county holding an election under this
chapter shall certify the results determined under IC 3-12-4-9 to the
commission and the department of state revenue.
(i) If a public question is placed on the ballot under subsection (d)
or (f) in a county and the voters of the county do not vote in favor of the
public question, a second public question under that subsection may
not be held in the county for at least two (2) years. If the voters of the
county vote to reject the public question a second time, a third or
subsequent public question under that subsection may not be held in
the county until the general election held during the tenth year
following the year of the previous public question held under that
subsection.

Legislative History

As added by P.L.24-1996, SEC.6. Amended by P.L.3-1997, SEC.413.