Ind. Code ch. 4-29.5-17

in effect

Ind. Code § 4-29.5-17-1 Band's exclusive right for Class III gaming

Sec. 1. Notwithstanding IGRA's express prohibition against state taxation of tribal gaming activities, revenue-sharing payments from tribal gaming to a state may be considered lawful under IGRA when such payments are bargained for in exchange for meaningful concessions from the state, i.e., quantifiable economic benefits over which the state is not required to negotiate under IGRA, such as substantial exclusive rights to engage in Class III gaming activities. Accordingly, and as consideration for the revenue sharing payments required under section 2 of this chapter, the State agrees that the Band's right to conduct Class III gaming on the South Bend Site under IC 4-29.5-3 shall be exclusive of any "Expanded Gaming" within the "Exclusivity Area", which is comprised of the Indiana counties of Elkhart, Fulton, Jasper, Kosciusko, LaGrange, Lake, LaPorte, Marshall, Miami, Noble, Porter, Pulaski, St. Joseph, Starke, Wabash, and Whitley. For purposes of this paragraph, Expanded Gaming means, within the Exclusivity Area and as of the Endorsement Date, (i) the licensure of any Gambling Operation as defined in IC 4-29.5-2-12(1) if that licensure would result in a greater number of Gambling Operations within the Exclusivity Area, would permit a Gambling Operation that holds a license as of the Endorsement Date to relocate to a new licensed location within the Exclusivity Area (other than the relocation from a dock site to property adjacent to the dock site, as permitted by Indiana Code 4-33-6-24), or would permit a Gambling Operation that does not hold a license for a location within the Exclusivity Area as of the Endorsement Date to locate to a new licensed location within the Exclusivity Area; or (ii) the licensure of any Gambling Operation as defined in IC 4-29.5-2-12(2) for a location within the Exclusivity Area. Subject to the foregoing limitations regarding Gambling Operations within the Exclusivity Area, the term Expanded Gaming shall not include (i) any new gaming facility or any expansion of an existing gaming facility in which the Band has the "sole proprietary interest", as that term is defined at IGRA 2710(b)(2)(A) and 25 C.F.R. 522.4(b)(l); (ii) any new game operated by the Band at such facilities under this Compact or under any successor compact; (iii) any new game operated at a Gambling Operation that holds a license as of the Endorsement Date; (iv) any new game operated by the Indiana State Lottery pursuant to IC 4-30; or (v) any new game operated by a "qualified organization" as defined in IC 4-32.3-2-31, (vi) any new game operated by a satellite facility licensed under IC 4-31-5, or (vii) any new game operated by a retailer endorsement or license under IC 4-36-4. As added by P.L.171-2021, SEC.1.

Ind. Code § 4-29.5-17-2 Revenue sharing payments in exchange for exclusivity

Sec. 2. As consideration for the meaningful concessions from the State described in section 1 of this chapter and provided that the State is not in breach of its obligations regarding Expanded Gaming in the Exclusivity Area, the Band shall make annual payments to the State of eight percent (8%) of the Net Win at its South Bend Site Class III Gaming Facility. In the event that the State breaches its obligations regarding Expanded Gaming in the Exclusivity Area, the Band's obligation to make the annual payment to the State described in this section shall immediately cease as of the date of the breach. As added by P.L.171-2021, SEC.1.

Ind. Code § 4-29.5-17-3 Class II gaming payments

Sec. 3. In the event that the Band continues to conduct Class II gaming at its South Bend Site Gaming Facility after the Effective Date of this Compact, beginning with the second full Payment Period the total amount of the Band's payment of Net Win to the State due under section 2 of this chapter shall be in an amount that is not less than: (1) the total Net Win from all Class III Electronic Games of Chance; (2) divided by the total number of such Class III Electronic Games of Chance; (3) multiplied by eighty-five percent (85%) of the total number of all electronic Class II gaming devices and all Class III Electronic Games of Chance in operation on the last day of the Payment Period; and (4) multiplied by the applicable percentage of Net Win due under section 2 of this chapter. As added by P.L.171-2021, SEC.1.

Ind. Code § 4-29.5-17-4 Payment period

Sec. 4. All annual payments made by the Band to the State under section 2 of this chapter shall be based on a full Payment Period, provided that the first payment under this provision may be for a period of less than a full Payment Period beginning on the day that Class III gaming commences on the South Bend Site and through July 31 immediately subsequent thereto. Payments for each Payment Period shall be made within sixty (60) days of the end of that Payment Period. As added by P.L.171-2021, SEC.1.

Ind. Code § 4-29.5-17-5 Revenue allocation requirements

Sec. 5. Funds received by the State under this chapter shall be expended at the direction of the Indiana State Budget Director, subject to appropriation by the Indiana General Assembly. It is the intent of the State and the Band that the funds be used in the following program areas: (i) education, (ii) economic and workforce development, (iii) tourism promotion, and (iv) public health. As added by P.L.171-2021, SEC.1.

Ind. Code § 4-29.5-17-6 Annual payment reduction

Sec. 6. In addition, from the total amount of each annual payment due to the State under section 2 of this chapter, the Band shall reduce such amount by up to one million dollars ($1,000,000) as provided in IC 4-29.5-18. As added by P.L.171-2021, SEC.1.

Ind. Code § 4-29.5-17-7 Revenue sharing annual reporting

Sec. 7. The Band shall file an annual report with the State, coinciding with the remittance of the payment due under section 2 of this chapter, that includes the following information: (1) calculations and supporting data for the Band's determination of the Net Win payment under section 2 of this chapter, and specifically denoting the revenues from all Electronic Games of Chance; (2) calculations and supporting data for the Band's determination of the amount of any additional payment that may be owed under section 3 of this chapter; and (3) the amount and use of the scholarship funds set aside under section 5 of this chapter. 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