Ind. Code ch. 4-29.5-2

in effect

Ind. Code § 4-29.5-2-0.5 Definitions

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

Ind. Code § 4-29.5-2-1 "Any Offense"

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 other criminal offense not specified in IC 4-29.5-4-9(3) involving gambling, theft, dishonesty, or Fraud or Misrepresentation arising under Indiana law or the law of another state or jurisdiction, that was committed as an adult or prosecuted as an adult offense, and which has not been effectively removed from such person's criminal record by executive pardon, state or federal court order, or operation of law. As added by P.L.171-2021, SEC.1.

Ind. Code § 4-29.5-2-2 "Certificate of Self-Regulation"

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.1.

Ind. Code § 4-29.5-2-3 "City"

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.

Ind. Code § 4-29.5-2-4 "Class III gaming"

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 to this Compact. As added by P.L.171-2021, SEC.1.

Ind. Code § 4-29.5-2-5 "Compact"

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.

Ind. Code § 4-29.5-2-6 "Compliance Oversight"

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 exercise of any enforcement or other regulatory authority. Except where expressly stated otherwise in this Compact, Compliance Oversight activities shall be undertaken in compliance with IC 4-29.5-4-16. As added by P.L.171-2021, SEC.1.

Ind. Code § 4-29.5-2-7 "Confidential Information"

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 gaming and non-gaming business activities conducted at the Gaming Facility and ancillary to such Class III gaming operations. The term does not include information that: (1) is publicly available or becomes publicly available through no action or fault of the receiving party; (2) was in the receiving party's possession or already known to the receiving party prior to disclosure by the disclosing party, provided that the source of such information was not bound by any contractual, legal, or other obligation of confidentiality to the disclosing party with respect to such information; or (3) is independently developed by the receiving party without the use of Confidential Information. As added by P.L.171-2021, SEC.1.

Ind. Code § 4-29.5-2-8 "Electronic Game of Chance"

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 defined in IC 35-45-5-l(k), or any other device played for amusement that rewards a player exclusively with a toy, a novelty, candy, other noncash merchandise, or a ticket or coupon redeemable for a toy, a novelty, or other noncash merchandise that has a wholesale value of not more than the lesser of ten (10) times the amount charged to play the amusement device one (1) time or twenty-five dollars ($25). The term also does not include any electronic gaming devices that are Class II games under IGRA. As added by P.L.171-2021, SEC.1.

Ind. Code § 4-29.5-2-9 "Endorsement Date"

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.

Ind. Code § 4-29.5-2-10 "Fraud or Misrepresentation"

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 adult offense, and which has not been effectively removed from such person's criminal record by executive pardon, state or federal court order, or operation of law. This term does not include arrests which have been sealed, convictions which have been expunged by a court, or traffic infractions. As added by P.L.171-2021, SEC.1.

Ind. Code § 4-29.5-2-11 "Gambling Game"

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 gaming terminal that simulates the play of any game through the use of a video display, that replicates such game by incorporating all of the essential characteristics of the game. As added by P.L.171-2021, SEC.1.

Ind. Code § 4-29.5-2-12 "Gambling Operation"

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 conduct more than fifteen (15) Gambling Games as that term is defined in section 11(2) of this chapter. As added by P.L.171-2021, SEC.1.

Ind. Code § 4-29.5-2-13 "Gaming Facility"

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 any gaming-related commercial amenities located within or adjoining such Facility, including without limitation restaurants, bars, hotels, spas, and retail shops, provided that Class III gaming is not conducted within such amenities. As added by P.L.171-2021, SEC.1.

Ind. Code § 4-29.5-2-14 "Gaming Official or Employee"

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 Gaming Regulations, (ii) all other employees whose regular job duties require access to restricted areas or involvement in Class III gaming activities at a Gaming Facility, and (iii) consultants providing gaming-related services directly to a Class III gaming operation (except legal counsel). As added by P.L.171-2021, SEC.1.

Ind. Code § 4-29.5-2-15 "NIGC"

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

Ind. Code § 4-29.5-2-16 "Net Win"

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 Promotional Wagers. The total amount of prizes paid to players for winning wagers at each Electronic Game of Chance shall include all prizes, consisting of electronic credits on each Electronic Game of Chance, cash, check, or merchandise from all wagers, including Promotional Wagers. The formula prescribed here for calculating Net Win applies only to the calculation of the payments due under this Compact and is not intended to preclude the Band from otherwise following accepted GAAP and AICPA Guidelines in its general accounting practices in compliance with IGRA and this Compact. As added by P.L.171-2021, SEC.1.

Ind. Code § 4-29.5-2-17 "Payment Period"

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.

Ind. Code § 4-29.5-2-18 "Person"

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 of persons acting jointly. As added by P.L.171-2021, SEC.1.

Ind. Code § 4-29.5-2-19 "Pokagon Band Gaming Regulations"

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 Pokagon Band Gaming Regulatory Act, (iii) IGRA, and (iv) this Compact to authorize and govern Class III gaming on the South Bend Site. The Band shall provide to the State copies of: (i) any amendment to the Pokagon Band Gaming Regulatory Act within thirty (30) days of the date of approval of such amendment by the NIGC and (ii) any amendment to gaming regulations promulgated by the Pokagon Band Gaming Commission within thirty (30) days of the date such regulations are final and in effect. The Band hereby agrees that at least thirty (30) days prior to the commencement of any Class III gaming on the South Bend Site it shall enact amendments to the Pokagon Band Gaming Regulatory Act and shall promulgate regulations to incorporate the regulatory requirements of this Compact and, to the extent expressly required by this Compact, Indiana law. As added by P.L.171-2021, SEC.1.

Ind. Code § 4-29.5-2-20 "Promotional Wagers"

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.

Ind. Code § 4-29.5-2-21 "South Bend Site"

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. 89499-89504, which lands the United States federal government determined are eligible for gaming under IGRA 2719. Class III gaming may only be conducted on the South Bend Site by the Band under this Compact. As added by P.L.171-2021, SEC.1.

Ind. Code § 4-29.5-2-22 "Table Game"

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.

Ind. Code § 4-29.5-2-23 "Tribal Chairperson"

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.

Ind. Code § 4-29.5-2-24 Amendments and successor regulations

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.

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