Ind. Code ch. 4-29.5-4

in effect

Ind. Code § 4-29.5-4-1 Pokagon Band Gaming Regulations generally

Sec. 1. The Band shall maintain at all times while this Compact remains in effect Pokagon Band Gaming Regulations in compliance with IGRA and governing all aspects of the Band's Class III gaming operations on the South Bend Site. As added by P.L.171-2021, SEC.1.

Ind. Code § 4-29.5-4-2 Pokagon Band Gaming Regulations for sports wagering

Sec. 2. With respect to sports wagering authorized under IC 4-29.5-3, the Band shall adopt as part of the Pokagon Band Gaming Regulations those regulatory standards embodied in Indiana laws, rules, directives, and regulations related to who may place such wagers, geofence testing and standards, network diagrams, wager types and approved events, internal control procedures, change management for event wagering, and field testing requirements. As added by P.L.171-2021, SEC.1.

Ind. Code § 4-29.5-4-3 Pokagon Band Gaming Regulations for fantasy sports games

Sec. 3. With respect to paid fantasy sports games authorized under IC 4-29.5-3, the Band shall adopt as part of the Pokagon Band Gaming Regulations those regulatory standards embodied in Indiana laws, rules, directives, and regulations related to who may participate in a paid fantasy sports game, game operator requirements and rules, prizes, and financial reserves. As added by P.L.171-2021, SEC.1.

Ind. Code § 4-29.5-4-4 Pokagon Band Gaming Regulations for internet or mobile platforms

Sec. 4. With respect to other forms of Class III gaming on internet or mobile platforms authorized under IC 4-29.5-3-5, the Band shall adopt as part of the Pokagon Band Gaming Regulations internal control requirements and technical standards that are at least as stringent as the State internal control requirements and technical standards for those other forms of Class III gaming on internet or mobile platforms. As added by P.L.171-2021, SEC.1.

Ind. Code § 4-29.5-4-5 Pokagon Band Gaming Regulations applicability and conditions

Sec. 5. The regulatory requirements of this chapter shall apply to the conduct of all Class III gaming authorized by the Compact. At all times during which the Band conducts any Class III gaming under this Compact, the Band shall maintain, as part of the Pokagon Band Gaming Regulations requirements at least as restrictive as those set forth herein. As added by P.L.171-2021, SEC.1.

Ind. Code § 4-29.5-4-6 Gaming operations compliance

Sec. 6. The Band shall license, operate, and regulate all Class III gaming activities pursuant to this Compact, Band law, IGRA, and all other applicable federal law. This shall include but not be limited to the licensing of Gaming Officials and Employees. In its operation and regulation of Class III gaming on the South Bend Site, the Band shall promptly address and resolve any material violation of this Compact and Band and federal laws, including IGRA, that are applicable to Class III gaming. As added by P.L.171-2021, SEC.1.

Ind. Code § 4-29.5-4-7 Certificate of self-regulation; revocation; state compliance oversight

Sec. 7. If the Band's Certificate of Self-Regulation is revoked by the NIGC, then the State may, in its discretion and in coordination with the Pokagon Band Gaming Commission, engage in Compliance Oversight activities regarding the licensing of all Gaming Officials and Employees pursuant to this Compact and the applicable standards in the Pokagon Band Gaming Regulations. The Band shall cooperate with the State in its Compliance Oversight efforts regarding the applicable licensing standards. The State's right to engage in Compliance Oversight regarding the licensing of Gaming Officials and Employees will become effective immediately on the date the Band's Certificate of Self-Regulation is revoked, notwithstanding any appeal of such revocation the Band may pursue pursuant to 25 U.S.C. 2714. The State's right to engage in Compliance Oversight of the licensing of Gaming Officials and Employees shall cease to be effective immediately on the date that the NIGC re-issues a Certificate of Self-Regulation to the Band. As added by P.L.171-2021, SEC.1.

Ind. Code § 4-29.5-4-8 Band sole proprietary interest in gaming facility; Band sole beneficiary of gaming operations

Sec. 8. Regarding the management of the Band's gaming operations, the Band shall have the sole proprietary interest and shall be the primary beneficiary of the Band's gaming operations. A Gaming Facility at which Class III gaming operations are authorized under this Compact shall be owned solely by the Band. As added by P.L.171-2021, SEC.1.

Ind. Code § 4-29.5-4-9 Gaming official or employee conditions; notice requirement

Sec. 9. The Band may not license, hire, or employ as a Gaming Official or Employee any person who: (1) Is under the age of eighteen (18); or (2) Has been convicted of or entered a plea of guilty or no contest to a gambling-related offense, or Fraud or Misrepresentation; or (3) Has been convicted of or entered a plea of guilty or no contest to Any Offense within the immediately preceding five years; this provision shall not apply if that person is a Band citizen and has been determined by the Band to be a person who is not likely again to engage in any offensive or criminal course of conduct and the public good does not require that the applicant be denied a license as a Gaming Official or Employee; or (4) Is determined by the Band to have participated in organized crime or unlawful gambling or whose prior activities, criminal records, reputation, habits, and/or associations pose a threat to the public interest or to the effective regulation and control of gaming, or create or enhance the dangers of unsuitable, unfair, or illegal practices, methods, and activities in the conduct of gaming or to the carrying on of the business and financial arrangements incidental to the conduct of gaming; or (5) Was denied a license by the Indiana Gaming Commission or had his or her license revoked by the Indiana Gaming Commission, as verified by the Indiana Gaming Commission to the Band, and such person remains ineligible for a license from the Indiana Gaming Commission. The Band shall provide notice to the State if the Band denies a license to any person applying for a license as a Gaming Official or Employee or if the Band revokes a license from a Gaming Official or Employee. The notice to the State shall include the person's name and the reasons for denial or revocation of a license. As added by P.L.171-2021, SEC.1.

Ind. Code § 4-29.5-4-10 Management contract

Sec. 10. All management contracts entered into by the Band regarding its Class III gaming facilities operated pursuant to this Compact shall conform to all the requirements of IGRA, including section 2711, and Band law. If the Band submits to the NIGC for review a draft management contract for the operation of any Gaming Facility, the Band shall within seven (7) days of such submission provide a copy of the draft management contract to the State. Upon NIGC approval of such management contract, the Band shall within seven (7) days of the execution of such management contract provide the State with a copy of the executed management contract. As added by P.L.171-2021, SEC.1.

Ind. Code § 4-29.5-4-11 Accounting requirements

Sec. 11. All accounting and financial activities for Class III gaming under this Compact shall conform to industry standards and generally accepted accounting principles (GAAP). Accounting records shall be kept on a double entry system of accounting, maintaining detailed, supporting, subsidiary records. The Band shall maintain the following records for not less than three (3) years: (1) Revenues, expenses, assets, liabilities, and equity for the location at which Class III gaming is conducted; (2) Daily cash transactions for each Class III gaming activity at each Class III gaming operations, including but not limited to transactions relating to each gaming table bank, game drop box, and gaming room bank; (3) All markers, IOUs, returned checks, hold checks, or other similar credit instruments; (4) Individual and statistical game records (except for card games) to reflect statistical drop and statistical win; for electronic, computer, or other technologically assisted games, analytic reports which show the total amount of cash wagered and the total amount of prizes won; (5) Contracts, correspondence, and other transaction documents relating to all vendors and contractors; (6) Records of all gaming enforcement activities; (7) Audits prepared by or on behalf of the Band; and (8) Personnel information on all Gaming Officials and Employees, including rotation sheets, hours worked, employee profiles, and background checks. As added by P.L.171-2021, SEC.1.

Ind. Code § 4-29.5-4-12 Age restriction

Sec. 12. No person under the age of twenty-one (21) may participate in any Class III game. As added by P.L.171-2021, SEC.1.

Ind. Code § 4-29.5-4-13 Class III gaming geographic limitation

Sec. 13. The Band shall not conduct any Class III gaming within the State outside of the South Bend Site under this Compact. This prohibition includes accepting any wagers initiated on any internet or mobile platforms from patrons who are not physically present on the South Bend Site at the time the wager is initiated. As added by P.L.171-2021, SEC.1.

Ind. Code § 4-29.5-4-14 Game rules notice

Sec. 14. The rules of each Class III card and table game shall be posted in a prominent place in proximity to the locations where such games are played and must designate: (1) The maximum rake-off percentage, time buy-in, or other fee charged; (2) The number of raises allowed; (3) The monetary limit of each raise; (4) The amount of ante; and (5) Other rules as may be necessary. As added by P.L.171-2021, SEC.1.

Ind. Code § 4-29.5-4-15 Disclosing gaming officials' and employees' information; licensing conditions

Sec. 15. Upon the request of the State, the Band shall within thirty (30) days of such request provide to the State copies of its eligibility determination and investigative reports on any and all Gaming Officials and Employees required to be licensed under 25 C.F.R. Part 556, the Band's Gaming Regulatory Act, or this Compact to allow the State to make an independent determination as to the suitability of these individuals, consistent with the standards set forth in section 9 of this chapter. The Band shall not license any person as a Gaming Official or Employee if that person has been denied a license or had a license revoked by the Indiana Gaming Commission and such person remains ineligible for a license from the Indiana Gaming Commission. As added by P.L.171-2021, SEC.1.

Ind. Code § 4-29.5-4-16 Regulatory enforcement authority

Sec. 16. The regulatory requirements set forth in this chapter shall be administered and enforced as follows: (1) The Band shall have sole responsibility to administer and enforce the regulatory requirements set forth in this Compact. (2) A representative authorized in writing by the Governor of the State or his or her designee shall have the following right to inspect all Gaming Facilities and all records related to Class III gaming under this Compact, including those records set forth in section 11 of this chapter, subject to the following conditions: (A) With respect to public areas, at any time without prior notice; (B) With respect to private areas not accessible to the public, at any time during normal business hours, with twelve (12) hours prior written notice; and (C) With respect to inspection and copying of all records relating to Class III gaming, with forty-eight (48) hours prior written notice, not including weekends. If the Band's Certificate of Self-Regulation is revoked, then the State may inspect the Band's Class III gaming operations at any time without prior notice. The State's right to inspect the Band's Class III gaming operations under this section in such manner will become effective immediately on the date the Certificate of Self-Regulation is revoked notwithstanding any appeal of such revocation the Band may pursue pursuant to 25 U.S.C. 2714. The State's right under this section to conduct inspections of the Band's Class III gaming operations without advance notice shall cease to be effective immediately on the date that the NIGC re-issues a Certificate of Self-Regulation to the Band. As added by P.L.171-2021, SEC.1.

Ind. Code § 4-29.5-4-17 Confidentiality

Sec. 17. (a) Confidentiality. Except as expressly allowed by the exceptions defined below, and subject to Indiana law, the State agrees to maintain in confidence and to never disclose to any third party any Confidential Information provided to the State by the Band or prepared by the State through its access to such Confidential Information under the terms of this Compact. The State, including without limitation any State official, employee, agency, or entity that has received any such Confidential Information from the Band shall: (i) maintain all such Confidential Information in a secure place accessible only to authorized State officials and employees, and (ii) adopt procedures and regulations to protect the Confidential Information from unauthorized disclosure without the prior approval of a duly authorized representative of the Band. Nothing contained in this section shall be construed to prohibit: (1) The furnishing of any information to a law enforcement or regulatory agency of the Federal or State government or to the State government pursuant to a lawful request of such agency or government; (2) The State from making known the names of persons engaged in the conduct of Class III gaming activities pursuant to the terms of this Compact, the locations at which Class III gaming activities are conducted, or the dates on which such activities are conducted pursuant to the terms of this Compact; (3) Publishing the terms of this Compact; (4) Disclosing information as necessary to audit, investigate, prosecute, or arbitrate suspected violations of this Compact, subject to all limitations in this Compact; (5) Complying with any law, subpoena, or court order, provided that the State first notifies the Band of any request or demand for the release of Confidential Information under this section in order to provide the Band an opportunity to challenge such request or demand or to initiate proceedings under IC 4-29.5-7 or other applicable law to resolve any dispute regarding the State's anticipated disclosure of such Confidential Information. (b) Notwithstanding subsection (a), the Band agrees that the State may disclose the following documents and information to the public: the Pokagon Band Gaming Regulatory Act and the Pokagon Band Gaming Regulations; final rulings of the Pokagon Band Gaming Commission except to the extent that such rulings are subject to a confidentiality order; other information and documents of the Pokagon Band Gaming Commission and the Band's Class III gaming operations that have been made available to the public; the amount of annual revenue sharing payments to the State pursuant to IC 4-29.5-17; and correspondence between the Band or a Band entity and the State or a State entity, unless such correspondence is specifically marked or labeled "Confidential". As added by P.L.171-2021, SEC.1.

Ind. Code § 4-29.5-4-18 Semi-annual reimbursement payments for state compact oversight costs

Sec. 18. (a) Semi-Annual Reimbursement Payments to the State for Compact Oversight Costs. The Band shall make semi-annual reimbursement payments ("Reimbursement Payments") for the Class III gaming operations at the South Bend Site in the amount of fifty thousand dollars ($50,000) or five hundredths of one percent (0.05%) of the semi-annual Net Win, whichever amount is greater, to the Indiana Gaming Commission, or to its successor as determined by law, to be applied by the State toward the costs it incurs in carrying out functions authorized by the terms of this Compact. (b) If the Band's Certificate of Self-Regulation is revoked, then the Band shall cease to be responsible for the Reimbursement Payments required under subsection (a) and shall thereafter be responsible for reimbursing the State for the actual costs incurred by the Indiana Gaming Commission, or its successor as determined by law, in carrying out Compliance Oversight functions authorized by the terms of this Compact, provided that the total amount of each such Reimbursement Payment under this subsection shall be capped at 0.3% of the semi-annual Net Win. The Band's obligation to reimburse the State for the Indiana Gaming Commission's actual oversight costs shall be effective immediately on the date the Certificate of Self-Regulation is revoked notwithstanding any appeal of such revocation the Band may pursue pursuant to 25 U.S.C. 2714. The Band's obligation to reimburse the State for the actual oversight costs incurred by the Indiana Gaming Commission shall cease to be effective immediately on the date that the NIGC re-issues a Certificate of Self-Regulation to the Band and thereafter the Band shall be responsible for the Reimbursement Payment due under subsection (a). (c) The Reimbursement Payments owed under subsection (a) or subsection (b) shall be based on a six-month payment period that commences on August 1 and February 1, respectively, of each year (each six-month payment period is referred to as a "Reimbursement Period"). Any payment due and owing for that Reimbursement Period shall be made within sixty (60) days after the end of that Reimbursement Period. A payment required under subsection (a) that ceases to be owed under the terms of subsection (b) shall be prorated for a partial Reimbursement Period and the payment obligations under subsection (b) shall thereafter apply to the remaining portion of the Reimbursement Period. As added by P.L.171-2021, SEC.1.

Ind. Code § 4-29.5-4-19 State's dispute resolution authority

Sec. 19. In the event the State believes that the Band is not administering and enforcing the regulatory requirements set forth herein, it may invoke the procedures set forth in IC 4-29.5-7. As added by P.L.171-2021, SEC.1.

Ind. Code § 4-29.5-4-20 Bank Secrecy Act compliance

Sec. 20. The Band shall comply with all applicable provisions of the Bank Secrecy Act, P.L.91-508, October 26, 1970, 31 U.S.C. 5311 et seq., as amended. As added by P.L.171-2021, SEC.1.

Ind. Code § 4-29.5-4-21 Minimum internal control standards; compliance oversight process

Sec. 21. The Band shall conduct its Class III gaming authorized under this Compact pursuant to an internal control system that implements minimum internal control standards for Class III gaming that are no less stringent than the applicable Minimum Internal Control Standards set forth in this Compact and NIGC regulations. If the Band's Certificate of Self-Regulation is revoked, thereafter the Band shall be required to provide a copy of any amendment to its internal control standards to the Indiana Gaming Commission within thirty (30) days of the effective date of such amendment under Band law. If the Indiana Gaming Commission determines that such standards fail to meet the Minimum Internal Control Standards of this Compact or applicable NIGC regulations, the Indiana Gaming Commission shall within thirty (30) days of receiving such amendments, provide the Band with a written notice that specifically identifies the Band internal control standard at issue and the applicable standard under this Compact or NIGC regulations, and, as warranted, an explanation of the reasons underlying the State's determination. Within thirty (30) days of receiving such notice from the State, the Band shall provide a written response to the State that either: (i) refutes the State's determination; or (ii) identifies proposed amendments to the Band's internal control standards to correct the inconsistency, the timeframe for adopting such amendments, and any proposed interim compliance measures to ensure compliance with this compact and NIGC regulations. The State's right to such Compliance Oversight of the Band's internal control systems shall become effective immediately on the date the Certificate of Self-Regulation is revoked notwithstanding any appeal of such revocation the Band may pursue pursuant to 25 U.S.C. 2714. The State's right to such Compliance Oversight of the Band's internal control system shall cease to be effective immediately on the date that the NIGC re-issues a Certificate of Self-Regulation to the Band. The State retains the right, however, to ensure compliance with this subsection in accordance with section 16 of this chapter regardless of the status of the Band's Certificate of Self-Regulation. As added by P.L.171-2021, SEC.1.

Ind. Code § 4-29.5-4-22 Band notice requirements

Sec. 22. In furtherance of this chapter, the Band shall notify the State immediately in writing if the Band's Certificate of Self-Regulation is revoked. The Band shall also notify the State: (i) within three (3) business days of any material changes in circumstances that create a duty to advise the NIGC under 25 C.F.R. 518.11, and (ii) within one (1) business day upon receipt of a notice from the NIGC advising the Band of the NIGC's intent to revoke the Band's Certificate of Self-Regulation. As added by P.L.171-2021, SEC.1.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/4Fetched: 10/17/2026