Ind. Code ch. 4-33-6.8

in effect

Ind. Code § 4-33-6.8-1 Issuance of license

Sec. 1. Except as provided by IC 4-33-6-19.5(f), and subject to this chapter, the commission may issue an owner's license to operate an inland casino in Allen County, DeKalb County, or Steuben County in the manner required by this chapter. As added by P.L.77-2026, SEC.9.

Ind. Code § 4-33-6.8-2 Application for license

Sec. 2. (a) If the voters of Allen County, DeKalb County, or Steuben County approve inland casino gambling in the county, the commission shall begin accepting applications and proposals for awarding a license to operate an inland casino in the county or counties in which the voters approved inland casino gambling. Any operator of a brick and mortar casino located in the United States may apply for a license to own and operate an inland casino under this chapter by submitting the following to the commission not later than December 1, 2026: (1) A written application that contains the following information: (A) The county in which the applicant is proposing to operate an inland casino. For purposes of this clause, the application must select Allen County, DeKalb County, or Steuben County. (B) Documented and verifiable information describing the following: (i) The proposed site of the inland casino. (ii) Evidence of site control or real estate options. (iii) Conceptual plans for casino and nongaming facilities. (iv) Estimated construction and total development costs. (v) A phased investment and construction timeline. (vi) Market and feasibility information. (vii) The financial capacity of the applicant. (C) The applicant's commitment and plan to invest at least five hundred million dollars ($500,000,000) for the development of a casino and nongaming amenities onsite in the county selected under clause (A) in the following manner: (i) At least sixty percent (60%) of the amount invested in the initial phase of development within two (2) years from the date the license is awarded. (ii) The remaining amount invested, and the development of the casino and nongaming amenities completed, not later than five (5) years after gaming operations begin at the relocated casino under this chapter. (D) Any other information requested by the commission. (2) The local government support documents required under section 3(a) of this chapter. (b) An application submitted under subsection (a) may include financial commitments to the horse racing industry. (c) For purposes of subsection (a), the commission may not accept: (1) subject to section 5 of this chapter, more than one (1) application from an applicant; (2) an application that proposes to operate an inland casino in a county other than Allen County, DeKalb County, or Steuben County; or (3) an application that does not include the information and documents required under subsection (a). As added by P.L.77-2026, SEC.9.

Ind. Code § 4-33-6.8-3 Local government support

Sec. 3. (a) An applicant must submit the following with an application under section 2 of this chapter: (1) A copy of a resolution adopted by a majority of the board of county commissioners of the county selected by the applicant under section 2(a)(1)(A) of this chapter that supports the applicant's proposed license. (2) If the proposed casino will be located within a municipality, a letter of support for the proposed license signed by the mayor of the municipality. (b) Except as provided in section 5 of this chapter, a unit (as defined in IC 36-1-2-23) may: (1) privately negotiate with an applicant before an application is submitted; and (2) support or decline to support specific applicants in a letter or resolution under subsection (a). As added by P.L.77-2026, SEC.9.

Ind. Code § 4-33-6.8-4 Commission review of applications

Sec. 4. (a) Following the submission of applications under section 2 of this chapter, the commission shall review the filed applications. Not later than January 15, 2027, the commission shall: (1) make the filed applications available to the public; and (2) prepare an informational summary of the filed applications and make the summary available to the public. The commission may redact information that it determines to be confidential in the applications or informational summary made available to the public. (b) The commission may hire independent consultants or experts to assist with evaluating applications. (c) The commission must decide whether to approve or deny an application submitted under section 2 of this chapter based on documented and verifiable information, including the following: (1) The net economic benefit to the state. (2) Increased state and local tax revenue. (3) The number and quality of jobs created. (4) The amount of capital investment planned by the applicant under section 2(a)(1)(C) of this chapter. (5) The quality and durability of proposed facilities. (6) The financial stability of the applicant. (7) Site feasibility and infrastructure readiness. (8) Market sustainability. (9) The impact on other Indiana casinos and the horse racing industry. (10) Regulatory compliance history. (11) The total public value of a supplemental bid under section 5 of this chapter, if applicable. (12) Any other factor deemed appropriate by the commission. (d) The commission may not decide whether to approve or deny an application submitted under section 2 of this chapter based on lobbying, political pressure, or unverifiable claims. (e) The commission may hold executive sessions under IC 5-14-1.5-6.1(b)(1) to review and discuss applications submitted under this chapter. As added by P.L.77-2026, SEC.9.

Ind. Code § 4-33-6.8-5 Supplemental bid

Sec. 5. (a) This section applies if the commission receives more than one (1) application proposing to operate an inland casino in the same county. (b) The commission may, after making the filed applications available to the public under section 4 of this chapter, solicit and accept a supplemental bid from one (1) or more of the applicants that submitted an application described in subsection (a). (c) The following apply to a supplemental bid submitted under subsection (b): (1) A supplemental bid: (A) must be submitted only to the commission; and (B) subject to subsection (e), must be sealed and is confidential. (2) A supplemental bid may include proposed payments to one (1) or both of the following: (A) The state. (B) The community in which the proposed inland casino will be located. (3) Each supplemental bid must clearly identify the amount, recipient, and timing of a proposed payment under subdivision (2). (4) An applicant may include in a supplemental bid modifications to the information submitted by the applicant under: (A) section 2(a)(1)(B)(iii) through 2(a)(1)(B)(v) of this chapter; and (B) section 2(a)(1)(C) of this chapter. (5) A unit (as defined in IC 36-1-2-23) may not negotiate directly with an applicant submitting a supplemental bid. (d) If a supplemental bid is submitted under this section, the commission is not required to consider only applications accompanied by a supplemental bid. The commission may approve an application that was not accompanied by a supplemental bid. (e) After the commission makes a final decision under section 6 of this chapter, the commission must make public each supplemental bid received under this section. As added by P.L.77-2026, SEC.9.

Ind. Code § 4-33-6.8-6 Final decision by commission

Sec. 6. (a) After issuing the informational summary required under section 4(a)(2) of this chapter, and not later than April 15, 2027, the commission shall issue a final decision approving or denying each application. The final decision must include written findings explaining the decision. (b) The commission may: (1) approve only one (1) application under subsection (a); and (2) deny all of the filed applications if the commission determines that none of the applications serve the interests of the state. As added by P.L.77-2026, SEC.9.

Ind. Code § 4-33-6.8-7 License fee

Sec. 7. (a) If the commission approves an application under section 6 of this chapter, the commission: (1) shall require the applicant to pay to the commission a fee of one hundred fifty million dollars ($150,000,000) in the manner described in subsection (b); and (2) may impose other requirements that the commission deems necessary and appropriate to protect the interest of the state and the person whose application is approved under section 6 of this chapter. (b) The payment required by subsection (a)(1) must be paid to the commission in five (5) annual payments of equal amounts. The first payment required by this section is due within thirty (30) days of the approval of the application under section 6 of this chapter. The four (4) remaining annual payments are each due on the anniversary date of the first payment. (c) The commission shall deposit the total sum of fee revenue received under subsection (a) as follows: (1) One hundred million dollars ($100,000,000) in the state general fund. (2) Fifty million dollars ($50,000,000) in the shuttered riverboat fund established in IC 4-33-4-28. As added by P.L.77-2026, SEC.9.

Ind. Code § 4-33-6.8-8 Commission enforcement; sale or transfer of license

Sec. 8. (a) The commission may enforce the phasing and completion timelines to which the applicant committed under section 2(a) of this chapter. (b) If the applicant whose application was approved by the commission under section 6 of this chapter sells or otherwise transfers the licensed owner's interest in the owner's license within ten (10) years from the date the application was approved, the following apply: (1) The licensed owner shall pay a fee of fifty million dollars ($50,000,000) to the commission before the sale or transfer of the license may be approved by the commission. Any payment required under this subdivision shall be deposited in the state general fund. (2) If, at the time of the transfer of ownership, the five hundred million dollar ($500,000,000) investment to which the licensed owner committed under section 2(a)(1)(C) of this chapter has not been met, the person acquiring the owner's license shall, not later than ten (10) years from the date the application was approved by the commission under section 6 of this chapter, invest in the casino and nongaming amenities an amount that is at least equal to the difference between five hundred million dollars ($500,000,000) and the amount actually invested by the person transferring the owner's license. As added by P.L.77-2026, SEC.9.

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