*EH1053.1*
March 21, 2025
ENGROSSED
HOUSE BILL No. 1053
_____
DIGEST OF HB 1053 (Updated March 19, 2025 2:18 pm - DI 137)
Citations Affected: IC 4-30; IC 4-31; IC 4-33; IC 25-38.1; IC 35-52.
Synopsis: Gaming matters. Provides that the state lottery commission
shall not operate or authorize the operation of a lottery courier service.
Specifies that the horse racing commission (IHRC) may adopt rules
that incorporate by reference the most current version of the: (1) model
rules; and (2) model rules concerning foreign substances; adopted by
the Association of Racing Commissioners International. Provides that,
after June 30, 2025, the governor shall appoint the director of the IHRC
and the director of the IHRC shall serve at the pleasure of the governor.
Removes the requirement that the IHRC appoint an assistant director
and provides that the director shall hire an assistant director. Provides
that a contracted steward or judge is considered an employee of the
IHRC for the purpose of receiving representation by the attorney
general in certain suits. Changes references to the horse racing tracks.
Provides that judges and stewards may suspend a license for not more
than three years on behalf of the IHRC. (Current law allows judges and
stewards to suspend a license for not more than one year on behalf of
(Continued next page)
Effective: Upon passage; July 1, 2025.
Manning, Mayfield, Johnson B
(SENATE SPONSOR — ALTING)
January 8, 2025, read first time and referred to Committee on Public Policy.
January 21, 2025, amended, reported — Do Pass.
January 27, 2025, read second time, ordered engrossed.
January 28, 2025, engrossed. Read third time, passed. Yeas 91, nays 0.
SENATE ACTION
February 18, 2025, read first time and referred to Committee on Public Policy.
March 20, 2025, amended, reported favorably — Do Pass.
EH 1053—LS 6212/DI 107 Digest Continued
the IHRC.) Provides that the suspension of a license or the imposition
of certain civil penalties must occur within 365 days (instead of 180
days) after the date of the violation. Provides that the Indiana gaming
commission (commission) shall require an occupational license
applicant and occupational licensee to submit fingerprints for review
by the state police department (department) and the Federal Bureau of
Investigation (FBI): (1) for a criminal history record check; and (2) in
the form and manner required by the department and the FBI. Requires
the department to provide the results of each requested criminal history
record check to the commission. Allows the department to charge a fee
for a criminal history record check and requires the commission to pay
the fee from money received from fees collected from occupational
license applicants or licensees. Provides a list of the individuals
required to hold an occupational license. Provides that a horse's
veterinary medical records and medical condition must be furnished
within five business days without written client authorization to the
IHRC as part of an investigation in which a horse under the care,
control, or ownership of a licensee has been treated by a veterinarian.
EH 1053—LS 6212/DI 107EH 1053—LS 6212/DI 107 March 21, 2025
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2024 Regular Session of the General Assembly.
ENGROSSED
HOUSE BILL No. 1053
A BILL FOR AN ACT to amend the Indiana Code concerning
gaming.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 4-30-2-4.3 IS ADDED TO THE INDIANA CODE
2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2025]: Sec. 4.3. "Lottery courier service" means a service
4 operated for the purpose of purchasing or facilitating the purchase
5 of lottery tickets on behalf of persons and delivering or
6 transmitting the tickets, or electronic images of the tickets, to the
7 person in exchange for monetary compensation.
8 SECTION 2. IC 4-30-3-7 IS AMENDED TO READ AS FOLLOWS
9 [EFFECTIVE JULY 1, 2025]: Sec. 7. The commission shall adopt rules
10 under IC 4-22-2 governing the establishment, implementation, and
11 operation of the lottery, including the following:
12 (1) The type of lottery games to be conducted, except that:
13 (A) the name of an elected official may not appear on a ticket
14 or play slip of a lottery game, on a prize, or on an instrument
15 used for the payment of prizes, unless the prize is in the form
16 of a state warrant; and
17 (B) coins or currency may not be dispensed from an electronic
EH 1053—LS 6212/DI 107 2
1 computer terminal or device used in a lottery game.
2 (2) The sales price of tickets.
3 (3) The number and size of prizes.
4 (4) The method of selecting winning tickets. However, if a lottery
5 game involves a drawing, the drawing must be public and
6 witnessed by an independent certified public accountant. The
7 equipment used in the drawing shall be inspected before and after
8 the drawing.
9 (5) The manner of payment of prizes to holders of winning tickets.
10 (6) The frequency of drawings of winning tickets.
11 (7) The number and type of locations at which tickets may be
12 purchased.
13 (8) The method to be used in selling tickets.
14 (9) The manner and amount of compensation of retailers.
15 (10) The feasibility of using for a lottery game a terminal or
16 device that may be operated solely by the player without the
17 assistance of a retailer.
18 (11) A system of internal audits.
19 (12) The establishment of a code of ethics for officers and
20 employees of the commission.
21 (13) The bulk purchase of lottery products.
22 (13) (14) Any other matters necessary or desirable for the
23 efficient or economical operation of the lottery or for the
24 convenience of the public.
25 SECTION 3. IC 4-30-3-7.5 IS ADDED TO THE INDIANA CODE
26 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
27 1, 2025]: Sec. 7.5. (a) A person who, without written authorization
28 of the commission, operates a lottery courier service commits a
29 Class A misdemeanor.
30 (b) This section does not require the commission to:
31 (1) authorize a lottery courier service; or
32 (2) create a legal right to operate a lottery courier service.
33 SECTION 4. IC 4-30-3-20, AS ADDED BY P.L.174-2022,
34 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
35 JULY 1, 2025]: Sec. 20. (a) This section does not apply to:
36 (1) an activity specifically authorized by:
37 (A) IC 4-29 or IC 4-29.5 (tribal gaming and tribal-state
38 compact);
39 (B) IC 4-31 (pari-mutuel wagering on horse races);
40 (C) IC 4-33 (riverboat gambling);
41 (D) IC 4-35 (gambling games at racetracks); or
42 (E) IC 4-38 (sports wagering);
EH 1053—LS 6212/DI 107 3
1 (2) the purchase of a tangible lottery ticket for a lottery game
2 from:
3 (A) a retailer authorized to sell lottery tickets under IC 4-30-9;
4 or
5 (B) the commission; or
6 (3) a free:
7 (A) interactive game; or
8 (B) promotional game;
9 offered by the commission.
10 (b) Unless specifically granted authority by a statute passed by the
11 general assembly, the commission and Indiana gaming commission
12 shall not, independently or by public-private partnership, operate or
13 authorize the use or operation of the following:
14 (1) A lottery game operated through a video lottery terminal.
15 (2) A video gaming terminal.
16 (3) A lottery courier service.
17 (3) (4) The sale of digital representations of:
18 (A) casino-style games, including:
19 (i) poker;
20 (ii) roulette;
21 (iii) slot machines; or
22 (iv) blackjack;
23 over the Internet; or
24 (B) scratch-off games; or
25 (C) draw games.
26 SECTION 5. IC 4-30-3-22 IS ADDED TO THE INDIANA CODE
27 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
28 1, 2025]: Sec. 22. The following are confidential for purposes of
29 IC 5-14-3:
30 (1) A record related to lottery ticket order history.
31 (2) Lottery ticket inventory.
32 (3) A record that, if disclosed, could impair or adversely
33 impact the:
34 (A) security, integrity, or fairness of a lottery game; or
35 (B) security of lottery retailers.
36 SECTION 6. IC 4-31-2.1-2.3 IS ADDED TO THE INDIANA
37 CODE AS A NEW SECTION TO READ AS FOLLOWS
38 [EFFECTIVE JULY 1, 2025]: Sec. 2.3. "ARCI model rules" means
39 the most current version of model rules and standards, except as
40 provided in section 2.6 of this chapter, including penalties and
41 penalty classifications, that have been adopted by the Association
42 of Racing Commissioners International.
EH 1053—LS 6212/DI 107 4
1 SECTION 7. IC 4-31-2.1-2.6 IS ADDED TO THE INDIANA
2 CODE AS A NEW SECTION TO READ AS FOLLOWS
3 [EFFECTIVE JULY 1, 2025]: Sec. 2.6. "ARCI uniform classification
4 guidelines for foreign substances and recommended penalties
5 model rules" means the most current version of model rules and
6 standards concerning foreign substances, including penalties and
7 penalty classifications, that have been adopted by the Association
8 of Racing Commissioners International.
9 SECTION 8. IC 4-31-3-9, AS AMENDED BY P.L.93-2024,
10 SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11 JULY 1, 2025]: Sec. 9. Subject to section 14 of this chapter, the
12 commission may:
13 (1) adopt rules under IC 4-22-2 to implement this article,
14 including rules that incorporate by reference the ARCI model
15 rules and the ARCI uniform classification guidelines for
16 foreign substances and recommended penalties model rules
17 and rules that prescribe:
18 (A) the forms of wagering that are permitted;
19 (B) the number of races;
20 (C) the procedures for wagering;
21 (D) the wagering information to be provided to the public;
22 (E) fees for the issuance and renewal of:
23 (i) permits under IC 4-31-5;
24 (ii) satellite facility licenses under IC 4-31-5.5; and
25 (iii) licenses for racetrack personnel and racing participants
26 under IC 4-31-6;
27 (F) investigative fees;
28 (G) fines and penalties; and
29 (H) any other regulation that the commission determines is in
30 the public interest in the conduct of recognized meetings and
31 wagering on horse racing in Indiana;
32 (2) appoint employees and fix their compensation, subject to the
33 approval of the budget agency under IC 4-12-1-13;
34 (3) enter into contracts necessary to implement this article; and
35 (4) receive and consider recommendations from a development
36 advisory committee established under IC 4-31-11.
37 SECTION 9. IC 4-31-3-10, AS AMENDED BY P.L.217-2017,
38 SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
39 UPON PASSAGE]: Sec. 10. (a) Before July 1, 2025, the commission
40 shall appoint a director and an assistant director who serve serves at
41 the pleasure of the commission. After June 30, 2025, the governor
42 shall appoint a director, and a director appointed under this
EH 1053—LS 6212/DI 107 5
1 subsection shall serve at the pleasure of the governor. The director
2 and the assistant director must have a background in the horse industry,
3 a high level of management skills, and previous experience with
4 pari-mutuel horse betting administration.
5 (b) The director and the assistant director shall:
6 (1) attend all meetings of the commission;
7 (2) keep a complete record of the commission's proceedings;
8 (3) preserve at the commission's office all documents entrusted to
9 the commission's care; and
10 (4) perform other duties the commission prescribes; and
11 (5) hire an assistant director.
12 (c) The director may do the following:
13 (1) Negotiate an interstate compact that enables party states to act
14 jointly and cooperatively to create more uniform, effective, and
15 efficient practices, programs, and rules concerning horse racing
16 and pari-mutuel wagering on horse racing in the party states.
17 (2) Represent Indiana on a commission to negotiate an interstate
18 compact described in subdivision (1).
19 SECTION 10. IC 4-31-3-11.5 IS AMENDED TO READ AS
20 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 11.5. The commission
21 shall employ or contract for judges and stewards to attend each
22 recognized meeting held under a permit issued under this article. A
23 contracted judge or steward shall be considered an employee of the
24 commission for the purpose of IC 4-6-2-1.5(a). The permit holder
25 shall, in the manner prescribed by the rules of the commission,
26 reimburse the commission for the salaries and other expenses of the
27 judges and stewards who serve at the permit holder's racetrack.
28 SECTION 11. IC 4-31-5-9, AS AMENDED BY P.L.165-2021,
29 SECTION 45, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
30 JULY 1, 2025]: Sec. 9. (a) The commission shall determine the dates
31 and (if the commission adopts a rule under subsection (c)) the number
32 of racing days authorized under each recognized meeting permit.
33 Except for racing at winterized tracks, a recognized meeting may not
34 be conducted after December 10 of a calendar year.
35 (b) Except as provided in subsection (c), the commission shall
36 require at least two hundred eighty (280) but not more than three
37 hundred thirty (330) total live racing days each calendar year combined
38 at both racetracks, as follows:
39 (1) At least one hundred sixty (160) but not more than one
40 hundred eighty (180) live racing days must be for standardbreds
41 to race at Hoosier Park. a licensed parimutuel horse racing
42 track located in Madison County.
EH 1053—LS 6212/DI 107 6
1 (2) At least one hundred twenty (120) but not more than one
2 hundred fifty (150) live racing days must be for horses that are:
3 (A) mounted by jockeys; and
4 (B) run on a course without jumps or obstacles;
5 to race at Indiana Grand. a licensed parimutuel horse racing
6 track located in Shelby County.
7 The requirements of this subsection are a continuing condition for
8 maintaining the permit holder's permit. However, the requirements do
9 not apply if the commission determines that the permit holder is
10 prevented from conducting live horse racing as a result of a natural
11 disaster or another event over which the permit holder has no control.
12 (c) The commission may by rule adjust any of the following:
13 (1) The total required number of live racing days under subsection
14 (b).
15 (2) The number of live racing days required under subsection
16 (b)(1).
17 (3) The number of live racing days required under subsection
18 (b)(2).
19 (d) A permit holder may not conduct more than fourteen (14) races
20 on a particular racing day, unless authorized by the commission to
21 conduct additional races.
22 SECTION 12. IC 4-31-12-2, AS AMENDED BY P.L.34-2006,
23 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
24 JULY 1, 2025]: Sec. 2. (a) Except as permitted by the rules of the
25 commission, a horse participating in a race may not carry in its body
26 any foreign substance.
27 (b) The commission shall adopt the rules the commission considers
28 necessary to implement this section. Before adopting a rule with regard
29 to permitting the use of any medication, the commission shall consider
30 the ARCI model rules. approved by the Association of Racing
31 Commissioners International.
32 (c) In order to inform the racetrack patrons of those horses running
33 with medication, the permit holder shall indicate in the racing program
34 a horse that is racing with a medication permitted by the rules of the
35 commission.
36 SECTION 13. IC 4-31-13-2, AS AMENDED BY P.L.210-2013,
37 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
38 JULY 1, 2025]: Sec. 2. (a) The commission may adopt rules under
39 IC 4-22-2 to delegate to the stewards and judges of racing meetings
40 under the jurisdiction of the commission the power to conduct
41 disciplinary hearings on behalf of the commission. The stewards and
42 judges shall give at least twelve (12) hours notice of any such hearing.
EH 1053—LS 6212/DI 107 7
1 The stewards and judges, on behalf of the commission, may impose one
2 (1) or more of the following sanctions against a licensee who violates
3 this article or the rules or orders of the commission:
4 (1) A civil penalty not to exceed five thousand dollars ($5,000).
5 (2) A temporary order or other immediate action in the nature of
6 a summary suspension if a licensee's actions constitute an
7 immediate danger to the public health, safety, or welfare.
8 (3) Suspension of a license held by the licensee for not more than
9 one (1) year. three (3) years. The suspension of a license under
10 this subdivision is:
11 (A) valid even though the suspension extends beyond the
12 period of the racing meeting for which the stewards and judges
13 have been appointed; and
14 (B) effective at all other racing meetings under the jurisdiction
15 of the commission.
16 (4) A rule that a person must stay off the premises of one (1) or
17 more permit holders if necessary in the public interest to maintain
18 proper control over recognized meetings.
19 (5) Referral of the matter to the commission for its consideration.
20 However, at least two (2) of the stewards or judges at a racing meeting
21 must concur in a suspension or civil penalty.
22 (b) Unless a suspension of a license or the imposition of a civil
23 penalty under this section is appealed by the person sanctioned not
24 more than fifteen (15) days after being sanctioned, the suspension of a
25 license or the imposition of a civil penalty under this section must
26 occur within one hundred eighty (180) three hundred sixty-five (365)
27 days after the date of the violation.
28 (c) A suspension or civil penalty under this section may be appealed
29 to the commission. Judges and stewards imposing sanctions under this
30 section must prove the person's violation by a preponderance of the
31 evidence. The commission shall adopt rules establishing procedures for
32 appeals and stays of appeals. The commission shall conduct a hearing
33 on an appeal filed under this section as provided in IC 4-21.5.
34 SECTION 14. IC 4-33-2-14 IS AMENDED TO READ AS
35 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 14. "Occupational
36 license" means a license:
37 (1) issued by the commission under IC 4-33-8; and
38 (2) that must be held by an individual described in
39 IC 4-33-8-1.5.
40 SECTION 15. IC 4-33-4-18, AS AMENDED BY P.L.170-2005,
41 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
42 JULY 1, 2025]: Sec. 18. (a) The state police department may assist the
EH 1053—LS 6212/DI 107 8
1 commission in conducting background investigations of applicants.
2 The commission may forward all fingerprints required to be submitted
3 by license applicants under IC 4-33 to the Federal Bureau of
4 Investigation or any other agency for the purpose of screening
5 applicants. The commission shall reimburse the state police department
6 for the costs incurred by the state police department as a result of the
7 assistance. The commission shall make the payment from fees
8 collected from applicants.
9 (b) (a) The commission, through its gaming agents, shall conduct
10 background criminal history investigations of occupational license
11 applicants Costs incurred conducting the investigations must be paid
12 from fees collected from applicants. and occupational licensees under
13 IC 4-33-8-1.5 for purposes of carrying out:
14 (1) the commission's statutory powers and responsibilities;
15 and
16 (2) rules adopted;
17 under this article.
18 (b) For purposes of carrying out the commission's statutory
19 powers and responsibilities, the commission shall require an
20 applicant or licensee described in subsection (a) to submit the
21 fingerprints of the applicant or licensee for review by the state
22 police department and the Federal Bureau of Investigation:
23 (1) for a criminal history record check; and
24 (2) in the form and manner required by the state police
25 department and the Federal Bureau of Investigation.
26 (c) The state police department shall provide to the commission
27 the results of each criminal history record check requested by the
28 commission under:
29 (1) this section; and
30 (2) rules adopted under this article.
31 (d) The state police department may charge the commission a
32 fee for a criminal history record check required under this section.
33 The commission shall pay a fee charged under this subsection from
34 money received from fees collected from occupational license
35 applicants or licensees.
36 SECTION 16. IC 4-33-8-1.5 IS ADDED TO THE INDIANA CODE
37 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
38 1, 2025]: Sec. 1.5. An individual who meets any of the following
39 descriptions, or who holds a position that meets the equivalent of
40 any of the following descriptions, is required to hold an
41 occupational license:
42 (1) An individual who is determined to require an
EH 1053—LS 6212/DI 107 9
1 occupational license under:
2 (A) 68 IAC 2-2;
3 (B) 68 IAC 2-3; or
4 (C) 68 IAC 27-2.
5 (2) A key person, as defined by the commission.
6 (3) A substantial owner, as defined by the commission.
7 (4) An employee, agent, or affiliate of a gaming operation
8 who:
9 (A) is not described in subdivisions (1) through (3);
10 (B) has applied for or holds a license issued by the
11 commission under IC 4-33-6, IC 4-33-7, IC 4-35, or
12 IC 4-38; and
13 (C) the commission deems necessary to ensure compliance
14 with this article and rules adopted under this article.
15 SECTION 17. IC 4-33-8-6 IS AMENDED TO READ AS
16 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 6. In accordance with
17 IC 4-33-4-18, an applicant for an occupational license must submit
18 with the application two (2) sets of the applicant's fingerprints. The
19 applicant must submit the fingerprints on forms provided by the
20 commission. The commission shall charge each applicant a fee set by
21 the state police department to defray the costs associated with the
22 search and classification of the applicant's fingerprints.
23 SECTION 18. IC 25-38.1-4-5.5, AS AMENDED BY P.L.9-2014,
24 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
25 JULY 1, 2025]: Sec. 5.5. (a) Each person who provides veterinary
26 medical services shall maintain medical records, as defined by rules
27 adopted by the board.
28 (b) Veterinary medical records include the following:
29 (1) Written records and notes, radiographs, sonographic images,
30 video recordings, photographs or other images, and laboratory
31 reports.
32 (2) Other information received as the result of consultation.
33 (3) Identification of any designated agent of the owner for the
34 purpose of authorizing veterinary medical or animal health care
35 decisions.
36 (4) Any authorizations, releases, waivers, or other related
37 documents.
38 (c) The client is entitled to a copy or summary of the veterinary
39 medical records. A veterinarian may charge a reasonable fee for
40 copying or summarizing the requested veterinary medical record. The
41 veterinarian may require that the request be in writing.
42 (d) Except as provided in subsections (e) and (f) or upon written
EH 1053—LS 6212/DI 107 10
1 authorization of the client, an animal's veterinary medical record and
2 medical condition is confidential and may not be:
3 (1) furnished to; or
4 (2) discussed with;
5 any person other than the client or other veterinarians involved in the
6 care or treatment of the animal.
7 (e) An animal's veterinary medical records and medical condition
8 must be furnished within five (5) business days without written client
9 authorization under the following circumstances:
10 (1) Access to the records is specifically required by a state or
11 federal statute.
12 (2) An order by a court with jurisdiction in a civil or criminal
13 action upon the court's issuance of a subpoena and notice to the
14 client or the client's legal representative.
15 (3) As part of an inspection or investigation conducted by the
16 board or an agent of the board.
17 (4) As part of a request from a regulatory or health authority,
18 physician, or veterinarian:
19 (A) to verify a rabies vaccination of an animal; or
20 (B) to investigate a threat to human or animal health, or for the
21 protection of animal or public health and welfare.
22 (5) As a part of an animal cruelty report and associated applicable
23 records that are part of an abuse investigation by law enforcement
24 or a governmental agency.
25 (6) To a law enforcement agency as part of a criminal
26 investigation.
27 (7) To the Indiana horse racing commission as part of an
28 investigation in which a horse under the care, control, or
29 ownership of a licensee (as defined in IC 4-31-2.1-19) has been
30 treated by the veterinarian or a member of the veterinarian's
31 staff.
32 (f) An animal's veterinary medical records and medical condition
33 may be furnished without written client authorization under the
34 following circumstances:
35 (1) To the School of Veterinary Medicine at Purdue University,
36 the animal disease diagnostic laboratory, or a state agency or
37 commission. However, an animal's veterinary medical records
38 remain confidential unless the information is disclosed in a
39 manner allowed under this section.
40 (2) Veterinary medical records that are released by the board of
41 animal health when in the judgment of the state veterinarian the
42 disclosure is necessary or helpful in advancing animal health or
EH 1053—LS 6212/DI 107 11
1 protecting public health.
2 (3) For statistical and scientific research, if the information is
3 abstracted in a way as to protect the identity of the animal and the
4 client.
5 (g) An animal's veterinary medical records must be kept and
6 maintained by the veterinarian for at least three (3) years after the
7 veterinarian's last encounter with the animal.
8 SECTION 19. IC 35-52-4-7.7 IS ADDED TO THE INDIANA
9 CODE AS A NEW SECTION TO READ AS FOLLOWS
10 [EFFECTIVE JULY 1, 2025]: Sec. 7.7. IC 4-30-3-7.5 defines a crime
11 concerning the lottery.
12 SECTION 20. An emergency is declared for this act.
EH 1053—LS 6212/DI 107 12
COMMITTEE REPORT
Mr. Speaker: Your Committee on Public Policy, to which was
referred House Bill 1053, has had the same under consideration and
begs leave to report the same back to the House with the
recommendation that said bill be amended as follows:
Page 5, between lines 11 and 12, begin a new paragraph and insert:
"SECTION 8. IC 4-33-2-14 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 14. "Occupational
license" means a license:
(1) issued by the commission under IC 4-33-8; and
(2) that must be held by an individual described in
IC 4-33-8-1.5.
SECTION 9. IC 4-33-4-18, AS AMENDED BY P.L.170-2005,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 18. (a) The state police department may assist the
commission in conducting background investigations of applicants.
The commission may forward all fingerprints required to be submitted
by license applicants under IC 4-33 to the Federal Bureau of
Investigation or any other agency for the purpose of screening
applicants. The commission shall reimburse the state police department
for the costs incurred by the state police department as a result of the
assistance. The commission shall make the payment from fees
collected from applicants.
(b) (a) The commission, through its gaming agents, shall conduct
background criminal history investigations of occupational license
applicants Costs incurred conducting the investigations must be paid
from fees collected from applicants. and occupational licensees under
IC 4-33-8-1.5 for purposes of carrying out:
(1) the commission's statutory powers and responsibilities;
and
(2) rules adopted;
under this article.
(b) For purposes of carrying out the commission's statutory
powers and responsibilities, the commission shall require an
applicant or licensee described in subsection (a) to submit the
fingerprints of the applicant or licensee for review by the state
police department and the Federal Bureau of Investigation:
(1) for a criminal history record check; and
(2) in the form and manner required by the state police
department and the Federal Bureau of Investigation.
(c) The state police department shall provide to the commission
the results of each criminal history record check requested by the
EH 1053—LS 6212/DI 107 13
commission under:
(1) this section; and
(2) rules adopted under this article.
(d) The state police department may charge the commission a
fee for a criminal history record check required under this section.
The commission shall pay a fee charged under this subsection from
money received from fees collected from occupational license
applicants or licensees.
SECTION 10. IC 4-33-8-1.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2025]: Sec. 1.5. An individual who meets any of the following
descriptions, or who holds a position that meets the equivalent of
any of the following descriptions, is required to hold an
occupational license:
(1) An individual who must hold an occupational license
under:
(A) 68 IAC 2-2;
(B) 68 IAC 2-3; or
(C) 68 IAC 27-2.
(2) A key person, as defined by the commission.
(3) A substantial owner, as defined by the commission.
(4) An employee, agent, or affiliate of a gaming operation
who:
(A) is not described in subdivisions (1) through (3);
(B) has applied for or holds a license issued by the
commission under IC 4-33-6, IC 4-33-7, IC 4-35, or
IC 4-38; and
(C) the commission deems necessary to ensure compliance
with this article and rules adopted under this article.
SECTION 11. IC 4-33-8-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 6. In accordance with
IC 4-33-4-18, an applicant for an occupational license must submit
with the application two (2) sets of the applicant's fingerprints. The
applicant must submit the fingerprints on forms provided by the
commission. The commission shall charge each applicant a fee set by
the state police department to defray the costs associated with the
search and classification of the applicant's fingerprints.".
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to HB 1053 as introduced.)
EH 1053—LS 6212/DI 107 14
MANNING
Committee Vote: yeas 11, nays 0.
_____
COMMITTEE REPORT
Mr. President: The Senate Committee on Public Policy, to which
was referred House Bill No. 1053, has had the same under
consideration and begs leave to report the same back to the Senate with
the recommendation that said bill be AMENDED as follows:
Replace the effective date in SECTION 4 with "[EFFECTIVE
UPON PASSAGE]".
Page 1, between the enacting clause and line 1, begin a new
paragraph and insert:
"SECTION 1. IC 4-30-2-4.3 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2025]: Sec. 4.3. "Lottery courier service" means a service
operated for the purpose of purchasing or facilitating the purchase
of lottery tickets on behalf of persons and delivering or
transmitting the tickets, or electronic images of the tickets, to the
person in exchange for monetary compensation.
SECTION 2. IC 4-30-3-7 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 7. The commission shall adopt rules
under IC 4-22-2 governing the establishment, implementation, and
operation of the lottery, including the following:
(1) The type of lottery games to be conducted, except that:
(A) the name of an elected official may not appear on a ticket
or play slip of a lottery game, on a prize, or on an instrument
used for the payment of prizes, unless the prize is in the form
of a state warrant; and
(B) coins or currency may not be dispensed from an electronic
computer terminal or device used in a lottery game.
(2) The sales price of tickets.
(3) The number and size of prizes.
(4) The method of selecting winning tickets. However, if a lottery
game involves a drawing, the drawing must be public and
witnessed by an independent certified public accountant. The
equipment used in the drawing shall be inspected before and after
the drawing.
(5) The manner of payment of prizes to holders of winning tickets.
(6) The frequency of drawings of winning tickets.
EH 1053—LS 6212/DI 107 15
(7) The number and type of locations at which tickets may be
purchased.
(8) The method to be used in selling tickets.
(9) The manner and amount of compensation of retailers.
(10) The feasibility of using for a lottery game a terminal or
device that may be operated solely by the player without the
assistance of a retailer.
(11) A system of internal audits.
(12) The establishment of a code of ethics for officers and
employees of the commission.
(13) The bulk purchase of lottery products.
(13) (14) Any other matters necessary or desirable for the
efficient or economical operation of the lottery or for the
convenience of the public.
SECTION 3. IC 4-30-3-7.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2025]: Sec. 7.5. (a) A person who, without written authorization
of the commission, operates a lottery courier service commits a
Class A misdemeanor.
(b) This section does not require the commission to:
(1) authorize a lottery courier service; or
(2) create a legal right to operate a lottery courier service.
SECTION 4. IC 4-30-3-20, AS ADDED BY P.L.174-2022,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 20. (a) This section does not apply to:
(1) an activity specifically authorized by:
(A) IC 4-29 or IC 4-29.5 (tribal gaming and tribal-state
compact);
(B) IC 4-31 (pari-mutuel wagering on horse races);
(C) IC 4-33 (riverboat gambling);
(D) IC 4-35 (gambling games at racetracks); or
(E) IC 4-38 (sports wagering);
(2) the purchase of a tangible lottery ticket for a lottery game
from:
(A) a retailer authorized to sell lottery tickets under IC 4-30-9;
or
(B) the commission; or
(3) a free:
(A) interactive game; or
(B) promotional game;
offered by the commission.
(b) Unless specifically granted authority by a statute passed by the
EH 1053—LS 6212/DI 107 16
general assembly, the commission and Indiana gaming commission
shall not, independently or by public-private partnership, operate or
authorize the use or operation of the following:
(1) A lottery game operated through a video lottery terminal.
(2) A video gaming terminal.
(3) A lottery courier service.
(3) (4) The sale of digital representations of:
(A) casino-style games, including:
(i) poker;
(ii) roulette;
(iii) slot machines; or
(iv) blackjack;
over the Internet; or
(B) scratch-off games; or
(C) draw games.
SECTION 5. IC 4-30-3-22 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2025]: Sec. 22. The following are confidential for purposes of
IC 5-14-3:
(1) A record related to lottery ticket order history.
(2) Lottery ticket inventory.
(3) A record that, if disclosed, could impair or adversely
impact the:
(A) security, integrity, or fairness of a lottery game; or
(B) security of lottery retailers.".
Page 2, line 29, delete "The" and insert "Before July 1, 2025, the".
Page 2, line 31, after "commission." insert "After June 30, 2025,
the governor shall appoint a director, and a director appointed
under this subsection shall serve at the pleasure of the governor.".
Page 3, between lines 5 and 6, begin a new paragraph and insert:
"SECTION 9. IC 4-31-3-11.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 11.5. The commission
shall employ or contract for judges and stewards to attend each
recognized meeting held under a permit issued under this article. A
contracted judge or steward shall be considered an employee of the
commission for the purpose of IC 4-6-2-1.5(a). The permit holder
shall, in the manner prescribed by the rules of the commission,
reimburse the commission for the salaries and other expenses of the
judges and stewards who serve at the permit holder's racetrack.".
Page 6, line 20, delete "must hold" and insert "is determined to
require".
Page 8, after line 27, begin a new paragraph and insert:
EH 1053—LS 6212/DI 107 17
"SECTION 16. IC 35-52-4-7.7 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 7.7. IC 4-30-3-7.5 defines a crime
concerning the lottery.
SECTION 17. An emergency is declared for this act.".
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to HB 1053 as printed January 21, 2025.)
ALTING, Chairperson
Committee Vote: Yeas 7, Nays 0.
EH 1053—LS 6212/DI 107