1 | 1 | | |
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2 | 2 | | Introduced Version |
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3 | 3 | | HOUSE BILL No. 1415 |
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4 | 4 | | _____ |
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5 | 5 | | DIGEST OF INTRODUCED BILL |
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6 | 6 | | Citations Affected: IC 4-32.3. |
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7 | 7 | | Synopsis: Contest based raffles. Creates contest based raffles for |
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8 | 8 | | charity gaming. Defines a "contest based raffle" as the selling of tickets |
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9 | 9 | | or chances to win a prize award based on the result of a specific event |
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10 | 10 | | or contest, including a sport horse competition. |
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11 | 11 | | Effective: July 1, 2023. |
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12 | 12 | | Genda |
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13 | 13 | | January 17, 2023, read first time and referred to Committee on Public Policy. |
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14 | 14 | | 2023 IN 1415—LS 7117/DI 107 Introduced |
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15 | 15 | | First Regular Session of the 123rd General Assembly (2023) |
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16 | 16 | | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana |
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17 | 17 | | Constitution) is being amended, the text of the existing provision will appear in this style type, |
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18 | 18 | | additions will appear in this style type, and deletions will appear in this style type. |
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19 | 19 | | Additions: Whenever a new statutory provision is being enacted (or a new constitutional |
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20 | 20 | | provision adopted), the text of the new provision will appear in this style type. Also, the |
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21 | 21 | | word NEW will appear in that style type in the introductory clause of each SECTION that adds |
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22 | 22 | | a new provision to the Indiana Code or the Indiana Constitution. |
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23 | 23 | | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts |
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24 | 24 | | between statutes enacted by the 2022 Regular Session of the General Assembly. |
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25 | 25 | | HOUSE BILL No. 1415 |
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26 | 26 | | A BILL FOR AN ACT to amend the Indiana Code concerning |
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27 | 27 | | gaming. |
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28 | 28 | | Be it enacted by the General Assembly of the State of Indiana: |
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29 | 29 | | 1 SECTION 1. IC 4-32.3-1-1, AS ADDED BY P.L.58-2019, |
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30 | 30 | | 2 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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31 | 31 | | 3 JULY 1, 2023]: Sec. 1. (a) This article applies only to a qualified |
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32 | 32 | | 4 organization. |
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33 | 33 | | 5 (b) This article applies only to the following approved gambling |
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34 | 34 | | 6 activities conducted as fundraising activities by qualified organizations: |
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35 | 35 | | 7 (1) Bingo events, casino game nights, raffles, festivals, contest |
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36 | 36 | | 8 based raffles, and other gaming activities approved by the |
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37 | 37 | | 9 commission. |
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38 | 38 | | 10 (2) The sale of pull tabs, punchboards, and tip boards: |
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39 | 39 | | 11 (A) at bingo events, casino game nights, raffles, contest based |
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40 | 40 | | 12 raffles, and festivals conducted by qualified organizations; or |
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41 | 41 | | 13 (B) at any time on the premises owned or leased by qualified |
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42 | 42 | | 14 organizations and regularly used for the activities of qualified |
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43 | 43 | | 15 organizations. |
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44 | 44 | | 16 This article does not apply to any other sale of pull tabs, |
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45 | 45 | | 17 punchboards, and tip boards. |
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46 | 46 | | 2023 IN 1415—LS 7117/DI 107 2 |
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47 | 47 | | 1 (c) This article does not apply to a promotion offer subject to |
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48 | 48 | | 2 IC 24-8. |
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49 | 49 | | 3 (d) This article does not apply to the following: |
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50 | 50 | | 4 (1) A type II gambling game authorized by IC 4-36. |
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51 | 51 | | 5 (2) A raffle or other gambling game authorized by IC 4-36-5-1(b). |
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52 | 52 | | 6 (e) This article does not apply to a prize linked savings program |
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53 | 53 | | 7 that: |
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54 | 54 | | 8 (1) is offered or conducted by an eligible financial institution |
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55 | 55 | | 9 under IC 28-1-23.2; |
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56 | 56 | | 10 (2) is: |
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57 | 57 | | 11 (A) offered or conducted by a credit union organized or |
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58 | 58 | | 12 reorganized under United States law; and |
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59 | 59 | | 13 (B) conducted in the same manner as a prize linked savings |
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60 | 60 | | 14 program under IC 28-1-23.2; or |
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61 | 61 | | 15 (3) is: |
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62 | 62 | | 16 (A) offered or conducted by an insured depository institution |
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63 | 63 | | 17 (as defined in 12 U.S.C. 1813) that is: |
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64 | 64 | | 18 (i) a national bank formed under 12 U.S.C. 21; |
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65 | 65 | | 19 (ii) a state member bank (as defined in 12 U.S.C. 1813); |
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66 | 66 | | 20 (iii) a state nonmember bank (as defined in 12 U.S.C. 1813); |
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67 | 67 | | 21 or |
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68 | 68 | | 22 (iv) a savings association (as defined in 12 U.S.C. 1813); |
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69 | 69 | | 23 and |
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70 | 70 | | 24 (B) conducted in the same manner as a prize linked savings |
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71 | 71 | | 25 program under IC 28-1-23.2. |
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72 | 72 | | 26 SECTION 2. IC 4-32.3-1-3, AS ADDED BY P.L.58-2019, |
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73 | 73 | | 27 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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74 | 74 | | 28 JULY 1, 2023]: Sec. 3. A bingo event, casino game night, raffle, |
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75 | 75 | | 29 contest based raffle, festival, or other charity gambling activity is not |
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76 | 76 | | 30 allowed in Indiana unless it is conducted by a qualified organization in |
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77 | 77 | | 31 accordance with this article. |
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78 | 78 | | 32 SECTION 3. IC 4-32.3-1-5, AS ADDED BY P.L.58-2019, |
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79 | 79 | | 33 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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80 | 80 | | 34 JULY 1, 2023]: Sec. 5. (a) Local governmental authority concerning |
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81 | 81 | | 35 the following is preempted by the state under this article and IC 4-30: |
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82 | 82 | | 36 (1) All matters relating to the operation of bingo events, casino |
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83 | 83 | | 37 game nights, contest based raffles, or raffles. |
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84 | 84 | | 38 (2) All matters relating to the possession, transportation, |
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85 | 85 | | 39 advertising, sale, manufacture, printing, storing, or distribution of |
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86 | 86 | | 40 pull tabs, punchboards, or tip boards. |
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87 | 87 | | 41 (b) A county, municipality, or other political subdivision of the state |
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88 | 88 | | 42 may not enact an ordinance relating to the commission's operations |
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89 | 89 | | 2023 IN 1415—LS 7117/DI 107 3 |
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90 | 90 | | 1 authorized by this article. |
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91 | 91 | | 2 SECTION 4. IC 4-32.3-2-2, AS ADDED BY P.L.58-2019, |
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92 | 92 | | 3 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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93 | 93 | | 4 JULY 1, 2023]: Sec. 2. "Allowable event" means: |
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94 | 94 | | 5 (1) a bingo event; |
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95 | 95 | | 6 (2) a casino game night; |
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96 | 96 | | 7 (3) a raffle; |
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97 | 97 | | 8 (4) a festival; |
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98 | 98 | | 9 (5) a sale of pull tabs, punchboards, or tip boards; or |
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99 | 99 | | 10 (6) a gambling activity under IC 4-32.3-4-11; or |
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100 | 100 | | 11 (7) a contest based raffle; |
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101 | 101 | | 12 conducted by a qualified organization in accordance with this article |
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102 | 102 | | 13 and rules adopted by the commission under this article. |
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103 | 103 | | 14 SECTION 5. IC 4-32.3-2-13.5 IS ADDED TO THE INDIANA |
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104 | 104 | | 15 CODE AS A NEW SECTION TO READ AS FOLLOWS |
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105 | 105 | | 16 [EFFECTIVE JULY 1, 2023]: Sec. 13.5. "Contest based raffle" |
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106 | 106 | | 17 means the selling of tickets or chances to win a prize award based |
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107 | 107 | | 18 on the result of a specific event or contest, including a sport horse |
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108 | 108 | | 19 competition. |
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109 | 109 | | 20 SECTION 6. IC 4-32.3-2-34.5 IS ADDED TO THE INDIANA |
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110 | 110 | | 21 CODE AS A NEW SECTION TO READ AS FOLLOWS |
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111 | 111 | | 22 [EFFECTIVE JULY 1, 2023]: Sec. 34.5. "Sport horse competition" |
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112 | 112 | | 23 means a gaming event with no more than twelve (12): |
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113 | 113 | | 24 (1) Indiana bred thoroughbred, standardbred, or quarter |
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114 | 114 | | 25 horses participating in a sporting activity including: |
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115 | 115 | | 26 (1) racing; and |
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116 | 116 | | 27 (2) harness racing; or |
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117 | 117 | | 28 (2) retired American quarter and thoroughbred horses |
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118 | 118 | | 29 participating in a jumping event; |
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119 | 119 | | 30 that occurs at a local event, a county fair, or the state fair. |
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120 | 120 | | 31 SECTION 7. IC 4-32.3-2-39, AS ADDED BY P.L.58-2019, |
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121 | 121 | | 32 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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122 | 122 | | 33 JULY 1, 2023]: Sec. 39. "Volunteer ticket agent" means a person |
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123 | 123 | | 34 acting on behalf of a qualified organization that: |
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124 | 124 | | 35 (1) receives no compensation from the qualified organization; |
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125 | 125 | | 36 (2) sells tickets at a raffle or contest based raffle licensed under |
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126 | 126 | | 37 IC 4-32.3-4-6, a festival under IC 4-32.3-4-7, or a gambling |
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127 | 127 | | 38 activity under IC 4-32.3-4-11; and |
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128 | 128 | | 39 (3) does not assist the qualified organization in conducting the |
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129 | 129 | | 40 allowable activity in any other way. |
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130 | 130 | | 41 SECTION 8. IC 4-32.3-4-5, AS AMENDED BY P.L.145-2021, |
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131 | 131 | | 42 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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132 | 132 | | 2023 IN 1415—LS 7117/DI 107 4 |
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133 | 133 | | 1 JULY 1, 2023]: Sec. 5. (a) The commission may issue an annual |
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134 | 134 | | 2 activity license to a qualified organization if the qualified organization: |
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135 | 135 | | 3 (1) meets the requirements of this section; |
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136 | 136 | | 4 (2) submits an application; and |
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137 | 137 | | 5 (3) pays a fee set by the commission under IC 4-32.3-6. |
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138 | 138 | | 6 (b) The following information must be included in an annual |
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139 | 139 | | 7 activity license: |
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140 | 140 | | 8 (1) Whether the qualified organization is authorized to conduct |
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141 | 141 | | 9 bingo, pull tabs, punchboards, tip boards, contest based raffles, |
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142 | 142 | | 10 or raffle activities on more than one (1) occasion during a one (1) |
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143 | 143 | | 11 year period. |
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144 | 144 | | 12 (2) The location of the allowable activities. |
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145 | 145 | | 13 (3) The expiration date of the license. |
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146 | 146 | | 14 (c) A qualified organization may conduct casino game night |
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147 | 147 | | 15 activities under an annual activity license if the requirements of |
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148 | 148 | | 16 subsections (a) and (b) are met, and: |
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149 | 149 | | 17 (1) the organization is a qualified veteran organization or fraternal |
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150 | 150 | | 18 organization; and |
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151 | 151 | | 19 (2) the annual activity license requires that a facility or location |
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152 | 152 | | 20 may not be used for purposes of conducting an annual casino |
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153 | 153 | | 21 game night activity on more than three (3) calendar days per |
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154 | 154 | | 22 calendar week regardless of the number of qualified organizations |
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155 | 155 | | 23 conducting annual casino night activities at the facility or |
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156 | 156 | | 24 location. |
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157 | 157 | | 25 (d) An annual activity license may be reissued annually upon the |
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158 | 158 | | 26 submission of an application for reissuance on a form prescribed by the |
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159 | 159 | | 27 commission after the qualified organization has paid the fee under |
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160 | 160 | | 28 IC 4-32.3-6. |
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161 | 161 | | 29 SECTION 9. IC 4-32.3-4-6, AS ADDED BY P.L.58-2019, |
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162 | 162 | | 30 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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163 | 163 | | 31 JULY 1, 2023]: Sec. 6. (a) The commission may issue a single activity |
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164 | 164 | | 32 license to a qualified organization if the qualified organization: |
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165 | 165 | | 33 (1) submits an application; and |
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166 | 166 | | 34 (2) pays the required fees under IC 4-32.3-6. |
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167 | 167 | | 35 (b) A single activity license: |
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168 | 168 | | 36 (1) may authorize: |
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169 | 169 | | 37 (A) bingo; |
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170 | 170 | | 38 (B) a casino game night; or |
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171 | 171 | | 39 (C) a raffle; or |
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172 | 172 | | 40 (D) a contest based raffle; |
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173 | 173 | | 41 at one (1) specific time and location; |
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174 | 174 | | 42 (2) must state the: |
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175 | 175 | | 2023 IN 1415—LS 7117/DI 107 5 |
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176 | 176 | | 1 (A) date; |
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177 | 177 | | 2 (B) beginning times; and |
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178 | 178 | | 3 (C) ending times; |
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179 | 179 | | 4 of the authorized single activity; and |
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180 | 180 | | 5 (3) may authorize a qualified organization to sell pull tabs, |
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181 | 181 | | 6 punchboards, and tip boards. |
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182 | 182 | | 7 SECTION 10. IC 4-32.3-4-7, AS ADDED BY P.L.58-2019, |
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183 | 183 | | 8 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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184 | 184 | | 9 JULY 1, 2023]: Sec. 7. (a) The commission may issue a festival license |
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185 | 185 | | 10 to a qualified organization if the qualified organization: |
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186 | 186 | | 11 (1) submits an application; and |
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187 | 187 | | 12 (2) pays the required fees under IC 4-32.3-6. |
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188 | 188 | | 13 (b) The license may authorize the qualified organization: |
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189 | 189 | | 14 (1) to conduct: |
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190 | 190 | | 15 (A) bingo events; |
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191 | 191 | | 16 (B) casino game nights; |
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192 | 192 | | 17 (C) raffles; and |
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193 | 193 | | 18 (D) contest based raffles; and |
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194 | 194 | | 19 (D) (E) gambling activities licensed under section 11 of this |
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195 | 195 | | 20 chapter; and |
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196 | 196 | | 21 (2) to sell: |
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197 | 197 | | 22 (A) pull tabs; |
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198 | 198 | | 23 (B) punchboards; and |
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199 | 199 | | 24 (C) tip boards. |
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200 | 200 | | 25 (c) The license must state the location and the dates the activities |
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201 | 201 | | 26 may be conducted. |
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202 | 202 | | 27 (d) A festival cannot exceed five (5) consecutive days. |
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203 | 203 | | 28 (e) A qualified organization may apply for up to three (3) festival |
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204 | 204 | | 29 licenses each calendar year. |
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205 | 205 | | 30 (f) Festival licenses may not be used consecutively. |
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206 | 206 | | 31 SECTION 11. IC 4-32.3-4-8, AS ADDED BY P.L.58-2019, |
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207 | 207 | | 32 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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208 | 208 | | 33 JULY 1, 2023]: Sec. 8. (a) Only a: |
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209 | 209 | | 34 (1) bona fide national organization; and |
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210 | 210 | | 35 (2) bona fide national foundation; |
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211 | 211 | | 36 may apply for an annual affiliate license under this section. |
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212 | 212 | | 37 (b) The commission may issue an annual affiliate license to a |
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213 | 213 | | 38 qualified organization described in subsection (a) if the qualified |
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214 | 214 | | 39 organization: |
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215 | 215 | | 40 (1) submits an application; and |
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216 | 216 | | 41 (2) pays the required fees under IC 4-32.3-6. |
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217 | 217 | | 42 (c) The application must include the information the commission |
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218 | 218 | | 2023 IN 1415—LS 7117/DI 107 6 |
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219 | 219 | | 1 requires, including the following: |
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220 | 220 | | 2 (1) The name and address of the organization. |
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221 | 221 | | 3 (2) The names and addresses of the officers of the organization. |
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222 | 222 | | 4 (3) The mailing address of each Indiana affiliate of the |
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223 | 223 | | 5 organization. |
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224 | 224 | | 6 (4) An estimate of the number and approximate locations of the |
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225 | 225 | | 7 bingo events, and raffles, and contest based raffles the |
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226 | 226 | | 8 organization's Indiana affiliates plan to conduct. |
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227 | 227 | | 9 (5) The name of each proposed operator and sufficient facts |
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228 | 228 | | 10 relating to the proposed operator to enable the commission to |
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229 | 229 | | 11 determine whether the proposed operator is qualified. |
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230 | 230 | | 12 (6) A sworn statement signed by the presiding officer and |
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231 | 231 | | 13 secretary of the organization attesting to the eligibility of the |
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232 | 232 | | 14 organization for a license, including the nonprofit character of the |
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233 | 233 | | 15 organization. |
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234 | 234 | | 16 (d) An annual affiliate license: |
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235 | 235 | | 17 (1) may authorize a qualified organization to conduct: |
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236 | 236 | | 18 (A) bingo events; and |
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237 | 237 | | 19 (B) raffles; |
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238 | 238 | | 20 through the organization's Indiana affiliates on more than one (1) |
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239 | 239 | | 21 occasion during a one (1) year period; |
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240 | 240 | | 22 (2) must state the expiration date of the license; and |
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241 | 241 | | 23 (3) may be reissued annually upon the submission of an |
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242 | 242 | | 24 application for reissuance on a form prescribed by the |
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243 | 243 | | 25 commission after the qualified organization has paid the fee under |
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244 | 244 | | 26 IC 4-32.3-6. |
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245 | 245 | | 27 (e) An Indiana affiliate of the qualified organization may not |
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246 | 246 | | 28 conduct an activity under an annual affiliate license until the affiliate |
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247 | 247 | | 29 has been in existence in Indiana for at least sixty (60) days. |
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248 | 248 | | 30 (f) The following limitations apply to a qualified organization |
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249 | 249 | | 31 holding an annual affiliate license: |
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250 | 250 | | 32 (1) The qualified organization may not conduct more than ten |
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251 | 251 | | 33 (10) activities under the annual affiliate license per week through |
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252 | 252 | | 34 any combination of its Indiana affiliates. |
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253 | 253 | | 35 (2) The qualified organization or the Indiana affiliate of a |
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254 | 254 | | 36 qualified organization, except the Indiana affiliates that decline |
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255 | 255 | | 37 affiliate status, may not hold a single activity license for bingo, or |
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256 | 256 | | 38 a raffle, or a contest based raffle. |
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257 | 257 | | 39 (g) A qualified organization conducting a bingo event, or raffle, or |
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258 | 258 | | 40 contest based raffle shall provide notice to the commission at least |
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259 | 259 | | 41 twenty-one (21) days before the day of the allowable activity. Raffle |
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260 | 260 | | 42 tickets may not be sold before providing notice to the commission. The |
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261 | 261 | | 2023 IN 1415—LS 7117/DI 107 7 |
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262 | 262 | | 1 notice provided under this section must be on a form prescribed by the |
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263 | 263 | | 2 commission. |
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264 | 264 | | 3 SECTION 12. IC 4-32.3-4-11, AS AMENDED BY P.L.145-2021, |
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265 | 265 | | 4 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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266 | 266 | | 5 JULY 1, 2023]: Sec. 11. (a) This section applies to a gambling activity |
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267 | 267 | | 6 other than a bingo event, casino game night, festival, pull tabs, |
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268 | 268 | | 7 punchboards, tip boards, or raffle, or contest based raffle. |
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269 | 269 | | 8 (b) The commission may issue a single activity license or an annual |
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270 | 270 | | 9 activity license to conduct a gambling activity approved by the |
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271 | 271 | | 10 commission to a qualified organization upon the organization's |
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272 | 272 | | 11 submission of an application and payment of applicable fees under |
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273 | 273 | | 12 IC 4-32.3-6. |
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274 | 274 | | 13 (c) A single activity license may: |
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275 | 275 | | 14 (1) authorize the qualified organization to conduct the gambling |
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276 | 276 | | 15 event at only one (1) time and location; and |
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277 | 277 | | 16 (2) state the date, beginning and ending times, and location of the |
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278 | 278 | | 17 gambling event. |
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279 | 279 | | 18 (d) An annual activity license: |
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280 | 280 | | 19 (1) may authorize the qualified organization to conduct the |
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281 | 281 | | 20 activity on more than one (1) occasion during a period of one (1) |
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282 | 282 | | 21 year; |
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283 | 283 | | 22 (2) must state the locations of the permitted activities; |
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284 | 284 | | 23 (3) must state the expiration date of the license; and |
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285 | 285 | | 24 (4) may be reissued annually upon the submission of an |
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286 | 286 | | 25 application for reissuance on the form prescribed by the |
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287 | 287 | | 26 commission and upon the qualified organization's payment of the |
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288 | 288 | | 27 applicable fees under IC 4-32.3-6. |
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289 | 289 | | 28 (e) The commission may impose any condition upon a qualified |
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290 | 290 | | 29 organization that is issued a license to conduct a gambling activity |
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291 | 291 | | 30 under this section. |
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292 | 292 | | 31 SECTION 13. IC 4-32.3-4-14, AS ADDED BY P.L.58-2019, |
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293 | 293 | | 32 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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294 | 294 | | 33 JULY 1, 2023]: Sec. 14. (a) Except for raffles, contest based raffles, |
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295 | 295 | | 34 pull tabs, punchboards, and tip boards conducted under an annual |
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296 | 296 | | 35 activity license, raffles conducted under an annual affiliate license, or |
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297 | 297 | | 36 an allowable activity conducted under a festival license, a qualified |
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298 | 298 | | 37 organization may not conduct more than three (3) allowable activities |
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299 | 299 | | 38 during a calendar week and not more than one (1) allowable activity |
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300 | 300 | | 39 each day. |
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301 | 301 | | 40 (b) Not more than one (1) qualified organization may conduct an |
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302 | 302 | | 41 allowable event on the same day at the same location. |
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303 | 303 | | 42 SECTION 14. IC 4-32.3-4-16, AS ADDED BY P.L.188-2019, |
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304 | 304 | | 2023 IN 1415—LS 7117/DI 107 8 |
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305 | 305 | | 1 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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306 | 306 | | 2 JULY 1, 2023]: Sec. 16. (a) This section applies only to a qualified |
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307 | 307 | | 3 organization that is a bona fide veterans organization. |
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308 | 308 | | 4 (b) The commission may issue a three (3) year charity gaming |
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309 | 309 | | 5 license, for any license issued under this chapter, to a qualified |
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310 | 310 | | 6 organization if: |
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311 | 311 | | 7 (1) the provisions of this section are satisfied; and |
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312 | 312 | | 8 (2) for each license held by the qualified organization, the |
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313 | 313 | | 9 organization: |
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314 | 314 | | 10 (A) submits a report to the commission that includes: |
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315 | 315 | | 11 (i) information described in section 15(b)(1) through |
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316 | 316 | | 12 15(b)(7) of this chapter; |
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317 | 317 | | 13 (ii) a financial report; and |
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318 | 318 | | 14 (iii) a gross receipts report; and |
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319 | 319 | | 15 (B) pays the applicable fees under IC 4-32.3-6-3. |
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320 | 320 | | 16 (c) A license issued under this section authorizes a qualified |
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321 | 321 | | 17 organization to conduct any of the following allowable events: |
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322 | 322 | | 18 (1) A bingo event. |
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323 | 323 | | 19 (2) A casino game night. |
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324 | 324 | | 20 (3) A raffle. |
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325 | 325 | | 21 (4) A festival. |
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326 | 326 | | 22 (5) A sale of pull tabs, punchboards, or tip boards. |
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327 | 327 | | 23 (6) A contest based raffle. |
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328 | 328 | | 24 (6) (7) Other gambling activities authorized under section 11 of |
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329 | 329 | | 25 this chapter. |
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330 | 330 | | 26 (d) A license issued under this section: |
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331 | 331 | | 27 (1) must state the expiration date of the license; and |
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332 | 332 | | 28 (2) may be reissued after the expiration of the three (3) year |
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333 | 333 | | 29 period upon the submission of an application for reissuance on the |
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334 | 334 | | 30 form established by the commission and upon the licensee's |
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335 | 335 | | 31 payment of a fee in the amount set by IC 4-32.3-6-7.5. |
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336 | 336 | | 32 SECTION 15. IC 4-32.3-5-5, AS ADDED BY P.L.58-2019, |
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337 | 337 | | 33 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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338 | 338 | | 34 JULY 1, 2023]: Sec. 5. (a) A qualified organization shall maintain and |
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339 | 339 | | 35 submit to the commission accurate records of all financial aspects of an |
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340 | 340 | | 36 allowable event as set forth in rules adopted by the commission under |
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341 | 341 | | 37 IC 4-22-2. A qualified organization shall make accurate reports of all |
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342 | 342 | | 38 financial aspects of an allowable activity to the commission within the |
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343 | 343 | | 39 time established by the commission as set forth in rules adopted by the |
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344 | 344 | | 40 commission under IC 4-22-2. |
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345 | 345 | | 41 (b) Except for a candidate's committee, a convention license, and an |
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346 | 346 | | 42 exempt event, a qualified organization shall deposit funds received |
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347 | 347 | | 2023 IN 1415—LS 7117/DI 107 9 |
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348 | 348 | | 1 from an allowable activity in a separate and segregated account set up |
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349 | 349 | | 2 for that purpose. |
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350 | 350 | | 3 (c) A qualified organization conducting a bingo event, or raffle, or |
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351 | 351 | | 4 contest based raffle under an annual affiliate license shall deposit the |
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352 | 352 | | 5 funds received from each activity conducted by its separate Indiana |
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353 | 353 | | 6 affiliates into a single account maintained by a financial institution |
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354 | 354 | | 7 physically located in Indiana. All expenses of the qualified organization |
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355 | 355 | | 8 with respect to an allowable activity shall be paid from the separate |
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356 | 356 | | 9 account. |
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357 | 357 | | 10 (d) The commission may require a qualified organization to submit |
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358 | 358 | | 11 any records maintained under this section for an independent audit by |
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359 | 359 | | 12 a certified public accountant selected by the commission. A qualified |
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360 | 360 | | 13 organization must bear the cost of any audit required under this section. |
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361 | 361 | | 14 (e) A bona fide veterans organization holding a three (3) year |
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362 | 362 | | 15 charity gaming license issued under IC 4-32.3-4-16 must submit the |
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363 | 363 | | 16 following to the commission before the annual anniversary date of the |
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364 | 364 | | 17 issuance of the three (3) year charity gaming license: |
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365 | 365 | | 18 (1) An event summary for each allowable event conducted under |
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366 | 366 | | 19 the license. |
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367 | 367 | | 20 (2) An annual financial report. |
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368 | 368 | | 21 (3) An annual gross receipts report. |
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369 | 369 | | 22 SECTION 16. IC 4-32.3-5-9, AS ADDED BY P.L.58-2019, |
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370 | 370 | | 23 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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371 | 371 | | 24 JULY 1, 2023]: Sec. 9. (a) For each allowable activity conducted under |
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372 | 372 | | 25 this article, a qualified organization shall designate an individual to |
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373 | 373 | | 26 serve as the operator of the allowable activity. An individual designated |
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374 | 374 | | 27 under this section: |
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375 | 375 | | 28 (1) must be qualified to serve as an operator under this article; |
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376 | 376 | | 29 and |
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377 | 377 | | 30 (2) in the case of a qualified organization holding an annual |
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378 | 378 | | 31 affiliate license, must be a member of the Indiana affiliate |
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379 | 379 | | 32 conducting the particular activity. |
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380 | 380 | | 33 (b) A qualified organization holding an annual affiliate license may |
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381 | 381 | | 34 do the following: |
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382 | 382 | | 35 (1) Designate an individual qualified under subsection (a)(2) to |
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383 | 383 | | 36 serve as the operator of raffles or contest based raffles |
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384 | 384 | | 37 conducted by two (2) or more Indiana affiliates of the qualified |
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385 | 385 | | 38 organization. |
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386 | 386 | | 39 (2) Designate a full-time employee of the qualified organization |
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387 | 387 | | 40 as the operator of a raffle or contest based raffle conducted by |
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388 | 388 | | 41 an Indiana affiliate of the qualified organization if the employee |
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389 | 389 | | 42 is qualified under subsection (a)(2). |
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390 | 390 | | 2023 IN 1415—LS 7117/DI 107 10 |
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391 | 391 | | 1 SECTION 17. IC 4-32.3-5-11, AS AMENDED BY P.L.145-2021, |
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392 | 392 | | 2 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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393 | 393 | | 3 JULY 1, 2023]: Sec. 11. (a) Except as provided in subsections (c) |
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394 | 394 | | 4 through (e), an operator or a worker may not directly or indirectly |
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395 | 395 | | 5 participate, other than in a capacity as an operator or a worker, in an |
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396 | 396 | | 6 allowable activity that the operator or worker is conducting. |
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397 | 397 | | 7 (b) A patron at a casino game night may deal the cards in a card |
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398 | 398 | | 8 game if: |
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399 | 399 | | 9 (1) the card game in which the patron deals the cards is a |
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400 | 400 | | 10 qualified card game; |
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401 | 401 | | 11 (2) the patron deals the cards in the manner required in the |
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402 | 402 | | 12 ordinary course of the qualified card game; and |
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403 | 403 | | 13 (3) the qualified card game is played under the supervision of the |
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404 | 404 | | 14 qualified organization conducting the casino game night in |
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405 | 405 | | 15 accordance with section 12 of this chapter (in the case of a game |
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406 | 406 | | 16 of Texas hold'em poker or Omaha poker) and any rules adopted |
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407 | 407 | | 17 by the commission. |
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408 | 408 | | 18 A patron who deals the cards in a qualified card game conducted under |
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409 | 409 | | 19 this subsection is not considered a worker or an operator for purposes |
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410 | 410 | | 20 of this article. |
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411 | 411 | | 21 (c) A worker at a festival event may participate as a player in any |
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412 | 412 | | 22 gaming activity offered at the festival event except as follows: |
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413 | 413 | | 23 (1) A worker may not participate in any game during the time in |
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414 | 414 | | 24 which the worker is conducting or helping to conduct the game. |
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415 | 415 | | 25 (2) A worker who conducts or helps to conduct a pull tab, |
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416 | 416 | | 26 punchboard, or tip board event during a festival event may not |
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417 | 417 | | 27 participate as a player in a pull tab, punchboard, or tip board |
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418 | 418 | | 28 event conducted on the same calendar day. |
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419 | 419 | | 29 (d) A worker at a bingo event: |
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420 | 420 | | 30 (1) whose duties are limited to: |
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421 | 421 | | 31 (A) selling bingo supplies; |
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422 | 422 | | 32 (B) selling tickets for a raffle or contest based raffle |
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423 | 423 | | 33 conducted at the bingo event; or |
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424 | 424 | | 34 (C) the duties described in both clauses (A) and (B); |
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425 | 425 | | 35 (2) who has completed all of the worker's duties before the start |
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426 | 426 | | 36 of the first bingo game of the bingo event; and |
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427 | 427 | | 37 (3) who is not engaged as a worker at any other time during the |
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428 | 428 | | 38 bingo event; |
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429 | 429 | | 39 may participate as a player in any gaming activity offered at the bingo |
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430 | 430 | | 40 event following the completion of the worker's duties at the bingo |
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431 | 431 | | 41 event. |
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432 | 432 | | 42 (e) A worker at a raffle or contest based raffle conducted by a |
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433 | 433 | | 2023 IN 1415—LS 7117/DI 107 11 |
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434 | 434 | | 1 qualified organization may purchase a raffle ticket or contest based |
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435 | 435 | | 2 raffle ticket for a particular drawing at the raffle or contest based |
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436 | 436 | | 3 raffle, subject to the following restrictions: |
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437 | 437 | | 4 (1) The worker may not purchase a raffle ticket or contest based |
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438 | 438 | | 5 raffle ticket from himself or herself. |
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439 | 439 | | 6 (2) The worker may not participate in the drawing of a winner. |
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440 | 440 | | 7 SECTION 18. IC 4-32.3-5-17, AS AMENDED BY P.L.145-2021, |
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441 | 441 | | 8 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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442 | 442 | | 9 JULY 1, 2023]: Sec. 17. (a) Except as provided in subsections (b), (c), |
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443 | 443 | | 10 and (e), the following persons may not play or participate in any |
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444 | 444 | | 11 manner in an allowable activity: |
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445 | 445 | | 12 (1) A member or an employee of the commission. |
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446 | 446 | | 13 (2) A person less than eighteen (18) years of age. |
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447 | 447 | | 14 (b) A member or employee of the commission may participate in an |
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448 | 448 | | 15 allowable activity if that person: |
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449 | 449 | | 16 (1) has received written authorization from the executive director |
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450 | 450 | | 17 to participate in an allowable activity; and |
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451 | 451 | | 18 (2) is participating only to the extent approved by the executive |
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452 | 452 | | 19 director. |
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453 | 453 | | 20 (c) Except as provided in subsection (b), an employee of the |
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454 | 454 | | 21 commission or a relative of an employee of the commission living in |
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455 | 455 | | 22 the same household with the employee may not be an operator, worker, |
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456 | 456 | | 23 or a volunteer ticket taker. |
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457 | 457 | | 24 (d) An employee, officer, or owner of a manufacturer or distributor |
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458 | 458 | | 25 is prohibited from participating in or affiliating in any way with the |
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459 | 459 | | 26 charity gaming operations of a qualified organization that an employee, |
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460 | 460 | | 27 officer, or owner is a member. |
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461 | 461 | | 28 (e) A person less than eighteen (18) years of age may sell tickets or |
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462 | 462 | | 29 chances for a raffle or contest based raffle. |
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463 | 463 | | 30 SECTION 19. IC 4-32.3-5-22, AS ADDED BY P.L.58-2019, |
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464 | 464 | | 31 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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465 | 465 | | 32 JULY 1, 2023]: Sec. 22. The following apply to a qualified |
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466 | 466 | | 33 organization's use of a volunteer raffle ticket agent or volunteer |
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467 | 467 | | 34 contest based raffle ticket agent: |
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468 | 468 | | 35 (1) Before using volunteer ticket agents to sell tickets to an |
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469 | 469 | | 36 allowable activity, a qualified organization shall provide a list |
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470 | 470 | | 37 containing the following information to the commission: |
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471 | 471 | | 38 (A) The name, address, and telephone number of each retail |
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472 | 472 | | 39 establishment whose employees will serve as volunteer ticket |
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473 | 473 | | 40 agents. |
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474 | 474 | | 41 (B) The name of the general manager of each retail |
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475 | 475 | | 42 establishment listed under clause (A). |
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476 | 476 | | 2023 IN 1415—LS 7117/DI 107 12 |
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477 | 477 | | 1 (2) A volunteer ticket agent may not sell pull tabs, punchboards, |
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478 | 478 | | 2 or tip boards. |
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479 | 479 | | 3 (3) A volunteer ticket agent is not required to be a member in |
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480 | 480 | | 4 good standing of the qualified organization. |
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481 | 481 | | 5 (4) A volunteer ticket agent may participate as a patron in any |
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482 | 482 | | 6 allowable activity conducted by the qualified organization. |
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483 | 483 | | 7 (5) A qualified organization must include on each ticket or entry |
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484 | 484 | | 8 sold by a volunteer ticket agent the name of the qualified |
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485 | 485 | | 9 organization, the date of the allowable activity, and a valid license |
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486 | 486 | | 10 number for the allowable activity. |
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487 | 487 | | 11 (6) All tickets sold by volunteer ticket agents must be numbered |
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488 | 488 | | 12 sequentially. |
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489 | 489 | | 13 (7) After tickets to the allowable activity are sold, the qualified |
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490 | 490 | | 14 organization shall provide to the commission the name, address, |
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491 | 491 | | 15 and telephone number of each person who served as a volunteer |
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492 | 492 | | 16 ticket agent. |
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493 | 493 | | 17 SECTION 20. IC 4-32.3-5-24 IS ADDED TO THE INDIANA |
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494 | 494 | | 18 CODE AS A NEW SECTION TO READ AS FOLLOWS |
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495 | 495 | | 19 [EFFECTIVE JULY 1, 2023]: Sec. 24. (a) The number of different |
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496 | 496 | | 20 ticket numbers available to be sold in a contest based raffle must |
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497 | 497 | | 21 be based on the number of contestants in each event. |
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498 | 498 | | 22 (b) A purchaser of a ticket for a contest based raffle may pick |
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499 | 499 | | 23 the event for the ticket, but the ticket number within the contest |
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500 | 500 | | 24 based raffle must be sold randomly. |
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501 | 501 | | 2023 IN 1415—LS 7117/DI 107 |
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