57 | | - | 3 software: |
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58 | | - | 4 (1) used to facilitate the play of an electronic pull tab game; |
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59 | | - | 5 and |
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60 | | - | 6 (2) approved by the commission under IC 4-32.3-5-16.5. |
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61 | | - | 7 SECTION 4. IC 4-32.3-2-16.5 IS ADDED TO THE INDIANA |
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62 | | - | 8 CODE AS A NEW SECTION TO READ AS FOLLOWS |
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63 | | - | 9 [EFFECTIVE JULY 1, 2025]: Sec. 16.5. "Flare" means the board or |
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64 | | - | 10 placard, or, in the case of an electronic pull tab game, an electronic |
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65 | | - | 11 representation of a board or placard, that accompanies each deal |
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66 | | - | 12 of pull tabs on which the following information is printed: |
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67 | | - | 13 (1) The game name. |
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68 | | - | 14 (2) The manufacturer's name or distinctive logo. |
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69 | | - | 15 (3) The form number. |
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70 | | - | 16 (4) The ticket count. |
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71 | | - | 17 (5) The prize structure. |
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72 | | - | 18 (6) The cost per play. |
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73 | | - | 19 (7) The game serial number. |
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74 | | - | 20 SECTION 5. IC 4-32.3-2-22, AS ADDED BY P.L.58-2019, |
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75 | | - | 21 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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76 | | - | 22 JULY 1, 2025]: Sec. 22. "Licensed supply" refers to any of the |
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77 | | - | 23 following: |
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78 | | - | 24 (1) Bingo supplies. |
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79 | | - | 25 (2) Pull tabs, including electronic pull tab devices, electronic |
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80 | | - | 26 pull tab games, and electronic pull tab systems. |
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81 | | - | 27 (3) Punchboards. |
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82 | | - | 28 (4) Tip boards. |
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83 | | - | 29 (5) Game boards, including but not limited to, raffle and coin |
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84 | | - | 30 boards. |
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85 | | - | 31 (6) Any other supplies, devices, or equipment designed to be used |
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86 | | - | 32 in allowable activities designated by rule of the commission. |
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87 | | - | 33 SECTION 6. IC 4-32.3-2-22.5 IS ADDED TO THE INDIANA |
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88 | | - | 34 CODE AS A NEW SECTION TO READ AS FOLLOWS |
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89 | | - | 35 [EFFECTIVE JULY 1, 2025]: Sec. 22.5. "Manually activate" means: |
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90 | | - | 36 (1) touching an icon on an electronic pull tab device screen; |
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91 | | - | 37 (2) pressing a button on a electronic pull tab device; or |
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92 | | - | 38 (3) in the case of a visually impaired individual, performing |
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93 | | - | 39 an action to initiate activity for an electronic pull tab device. |
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94 | | - | 40 SECTION 7. IC 4-32.3-2-27, AS ADDED BY P.L.58-2019, |
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95 | | - | 41 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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96 | | - | 42 JULY 1, 2025]: Sec. 27. "Progressive or carryover pull tab" means a |
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97 | | - | HB 1433—LS 6523/DI 137 3 |
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98 | | - | 1 pull tab game played with a seal card, or, in the case of an electronic |
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99 | | - | 2 pull tab game, an electronic representation of a seal card, that is |
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100 | | - | 3 designed by the manufacturer to include a jackpot prize that is carried |
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101 | | - | 4 over to a subsequent deal of the same form number, in the event the |
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102 | | - | 5 jackpot prize is not won. |
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103 | | - | 6 SECTION 8. IC 4-32.3-2-28, AS ADDED BY P.L.58-2019, |
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104 | | - | 7 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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105 | | - | 8 JULY 1, 2025]: Sec. 28. "Pull tab" means either any of the following: |
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106 | | - | 9 (1) A game conducted in the following manner: |
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107 | | - | 10 (A) A single folded or banded ticket or a two-ply card with |
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108 | | - | 11 perforated break-open tabs is bought by a player from a |
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109 | | - | 12 qualified organization. |
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110 | | - | 13 (B) The face of each card is initially covered or otherwise |
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111 | | - | 14 hidden from view, concealing a number, letter, symbol, or set |
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112 | | - | 15 of letters or symbols. |
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113 | | - | 16 (C) In each set of tickets or cards, a designated number of |
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114 | | - | 17 tickets or cards have been randomly designated in advance as |
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115 | | - | 18 winners. |
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116 | | - | 19 (D) Winners, or potential winners if the game includes the use |
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117 | | - | 20 of a seal, are determined by revealing the faces of the tickets |
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118 | | - | 21 or cards. The player may be required to sign the player's name |
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119 | | - | 22 on numbered lines provided if a paper seal is used. |
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120 | | - | 23 (E) The player with a winning pull tab ticket or numbered line |
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121 | | - | 24 receives the prize stated on the flare from the qualified |
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122 | | - | 25 organization. The prize must be fully and clearly described on |
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123 | | - | 26 the flare. |
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124 | | - | 27 (2) An electronic pull tab game played on an electronic pull |
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125 | | - | 28 tab device approved by the commission under |
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126 | | - | 29 IC 4-32.3-5-16.5. |
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127 | | - | 30 (2) (3) Any game played in a similar fashion as a game described |
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128 | | - | 31 in subdivision (1) that is approved by the commission. |
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129 | | - | 32 SECTION 9. IC 4-32.3-2-34, AS ADDED BY P.L.58-2019, |
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130 | | - | 33 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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131 | | - | 34 JULY 1, 2025]: Sec. 34. "Seal card" means a board or placard, or, in |
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132 | | - | 35 the case of an electronic pull tab game, an electronic representation |
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133 | | - | 36 of a board or placard, used with pull tabs that contains one (1) or |
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134 | | - | 37 more seals, that when removed or opened, reveals a predesignated |
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135 | | - | 38 winning number, letter, symbol, or monetary denomination. |
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136 | | - | 39 SECTION 10. IC 4-32.3-3-3, AS AMENDED BY P.L.93-2024, |
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137 | | - | 40 SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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138 | | - | 41 JULY 1, 2025]: Sec. 3. The commission shall adopt rules under |
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139 | | - | 42 IC 4-22-2 for the following purposes: |
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140 | | - | HB 1433—LS 6523/DI 137 4 |
---|
141 | | - | 1 (1) Administering this article. |
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142 | | - | 2 (2) Establishing the conditions under which charity gaming in |
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143 | | - | 3 Indiana may be conducted, including the manner in which a |
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144 | | - | 4 qualified organization may supervise a qualified card game |
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145 | | - | 5 conducted under IC 4-32.3-5-11(b). |
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146 | | - | 6 (3) Providing for the prevention of practices detrimental to the |
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147 | | - | 7 public interest and providing for the best interests of charity |
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148 | | - | 8 gaming. |
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149 | | - | 9 (4) Establishing rules concerning inspection of qualified |
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150 | | - | 10 organizations and the review of the licenses necessary to conduct |
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151 | | - | 11 charity gaming. |
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152 | | - | 12 (5) Imposing penalties for noncriminal violations of this article. |
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153 | | - | 13 (6) Establishing standards for independent audits conducted under |
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154 | | - | 14 IC 4-32.3-5-5(d). |
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155 | | - | 15 (7) Establishing standards: |
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156 | | - | 16 (A) for the licensing of manufacturers of; |
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157 | | - | 17 (B) for required technical specifications for; and |
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158 | | - | 18 (C) to receive commission approval of; |
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159 | | - | 19 electronic pull tab systems. |
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160 | | - | 20 (8) Requiring that: |
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161 | | - | 21 (A) the manufacturer of an electronic pull tab system |
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162 | | - | 22 submit, at the manufacturer's own expense, the |
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163 | | - | 23 manufacturer's electronic pull tab system to an |
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164 | | - | 24 independent gaming testing laboratory for testing and |
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165 | | - | 25 certification as meeting the standards for required |
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166 | | - | 26 technical specifications adopted by the commission; and |
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167 | | - | 27 (B) an electronic pull tab system be approved by the |
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168 | | - | 28 commission before the electronic pull tab system may be |
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169 | | - | 29 used by a qualified organization under this article. |
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170 | | - | 30 (9) Establishing standards to receive commission approval of |
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171 | | - | 31 an electronic raffle software system, web application, method, |
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172 | | - | 32 or process. |
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173 | | - | 33 (10) Requiring the operator or payment processor of an |
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174 | | - | 34 electronic raffle software system, web application, method, or |
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175 | | - | 35 process to submit to: |
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176 | | - | 36 (A) certification by an independent gaming testing |
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177 | | - | 37 laboratory or other testing process that the electronic |
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178 | | - | 38 raffle software system, web application, method, or process |
---|
179 | | - | 39 meets the standards for required technical specifications |
---|
180 | | - | 40 adopted by the commission; |
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181 | | - | 41 (B) age and identity verification requirements; and |
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182 | | - | 42 (C) geolocation requirements. |
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183 | | - | HB 1433—LS 6523/DI 137 5 |
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184 | | - | 1 SECTION 11. IC 4-32.3-5-3, AS AMENDED BY P.L.145-2021, |
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185 | | - | 2 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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186 | | - | 3 JULY 1, 2025]: Sec. 3. (a) All net proceeds from an allowable activity |
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187 | | - | 4 and related activities may be used only for the any lawful purposes |
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188 | | - | 5 purpose of the qualified organization. including the: |
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189 | | - | 6 (1) repair; |
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190 | | - | 7 (2) maintenance; or |
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191 | | - | 8 (3) improvement; |
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192 | | - | 9 of owned real property used for the lawful purposes of the qualified |
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193 | | - | 10 organization. |
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194 | | - | 11 (b) To determine the net proceeds from an allowable activity, a |
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195 | | - | 12 qualified organization shall subtract the following from the gross |
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196 | | - | 13 receipts received from the allowable activity: |
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197 | | - | 14 (1) An amount equal to the total value of the prizes awarded at the |
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198 | | - | 15 allowable activity. |
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199 | | - | 16 (2) The sum of the purchase prices paid for licensed supplies |
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200 | | - | 17 dispensed at the allowable activity. |
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201 | | - | 18 (3) An amount equal to the qualified organization's license fees |
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202 | | - | 19 attributable to the allowable activity. |
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203 | | - | 20 (4) An amount equal to the advertising expenses incurred by the |
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204 | | - | 21 qualified organization to promote the allowable activity. |
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205 | | - | 22 (5) An amount not to exceed two hundred dollars ($200) per day |
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206 | | - | 23 for rent paid for facilities leased for an allowable activity. |
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207 | | - | 24 SECTION 12. IC 4-32.3-5-16.5 IS ADDED TO THE INDIANA |
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208 | | - | 25 CODE AS A NEW SECTION TO READ AS FOLLOWS |
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209 | | - | 26 [EFFECTIVE JULY 1, 2025]: Sec. 16.5. (a) Electronic pull tab |
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210 | | - | 27 systems and electronic pull tab devices: |
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211 | | - | 28 (1) must be approved by the commission; |
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212 | | - | 29 (2) may only accept United States currency or a credit |
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213 | | - | 30 voucher; and |
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214 | | - | 31 (3) may not directly dispense United States currency or any |
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215 | | - | 32 article or exchange of value other than a credit voucher. |
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216 | | - | 33 (b) Electronic pull tab games must meet the following |
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217 | | - | 34 requirements: |
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218 | | - | 35 (1) Each electronic pull tab game must have a predetermined |
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219 | | - | 36 and designated number of tickets or cards in advance as |
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220 | | - | 37 winners. |
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221 | | - | 38 (2) Each electronic pull tab game series must have a |
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222 | | - | 39 predetermined prize structure and fixed prize amounts. |
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223 | | - | 40 (3) Each electronic pull tab game series must have a unique |
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224 | | - | 41 serial number. |
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225 | | - | 42 (4) Each electronic pull tab in a game series must be sold for |
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226 | | - | HB 1433—LS 6523/DI 137 6 |
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227 | | - | 1 the same price. |
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228 | | - | 2 (5) The reveal of the numbers or symbols on an electronic pull |
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229 | | - | 3 tab ticket or card must replicate the reveal of the numbers or |
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230 | | - | 4 symbols on a paper pull tab ticket or card. |
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231 | | - | 5 (6) The reveal of the numbers or symbols on an electronic pull |
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232 | | - | 6 tab ticket or card may be designed with an animated |
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233 | | - | 7 entertainment theme, but may not include: |
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234 | | - | 8 (A) spinning wheels resembling a slot machine; |
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235 | | - | 9 (B) any replication of keno, blackjack, roulette, poker, |
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236 | | - | 10 craps, or any other casino table game; |
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237 | | - | 11 (C) any replication of horse racing; or |
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238 | | - | 12 (D) any replication of any other gambling game as defined |
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239 | | - | 13 in IC 4-33-2-9 and IC 4-35-2-5. |
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240 | | - | 14 (7) Any extended play feature may not require additional |
---|
241 | | - | 15 payment or award any prize other than the predetermined |
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242 | | - | 16 prize associated with the initial electronic pull tab ticket or |
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243 | | - | 17 card. |
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244 | | - | 18 (8) Each electronic pull tab must require an individual to |
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245 | | - | 19 manually activate: |
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246 | | - | 20 (A) the electronic pull tab ticket; and |
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247 | | - | 21 (B) each individual row and column of an electronic pull |
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248 | | - | 22 tab ticket before a single row or column of symbols is |
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249 | | - | 23 revealed; |
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250 | | - | 24 with a separate and distinct action. |
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251 | | - | 25 SECTION 13. IC 4-32.3-5-16.7 IS ADDED TO THE INDIANA |
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252 | | - | 26 CODE AS A NEW SECTION TO READ AS FOLLOWS |
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253 | | - | 27 [EFFECTIVE JULY 1, 2025]: Sec. 16.7. (a) The number of electronic |
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254 | | - | 28 pull tab devices permitted at any facility or location may not |
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255 | | - | 29 exceed the following: |
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256 | | - | 30 (1) In the case of a facility or location with an occupancy limit |
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257 | | - | 31 of less than one hundred (100) individuals, not more than |
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258 | | - | 32 three (3) electronic pull tab devices. |
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259 | | - | 33 (2) In the case of a facility or location with an occupancy limit |
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260 | | - | 34 of at least one hundred (100) individuals, and not more than |
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261 | | - | 35 two hundred fifty (250) individuals, not more than five (5) |
---|
262 | | - | 36 electronic pull tab devices. |
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263 | | - | 37 (3) In the case of a facility or location with an occupancy limit |
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264 | | - | 38 of more than two hundred fifty (250) individuals, not more |
---|
265 | | - | 39 than seven (7) electronic pull tab devices. |
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266 | | - | 40 (b) An electronic pull tab device must conspicuously state on the |
---|
267 | | - | 41 front exterior of the device: "If you or someone you know has a |
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268 | | - | 42 gambling problem and wants help, call 1-800-9-WITH-IT.". |
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269 | | - | HB 1433—LS 6523/DI 137 7 |
---|
270 | | - | 1 (c) A qualified organization that conducts electronic pull tab |
---|
271 | | - | 2 games must also conduct paper pull tab games. |
---|
272 | | - | 3 SECTION 14. IC 4-32.3-5-20, AS ADDED BY P.L.58-2019, |
---|
273 | | - | 4 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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274 | | - | 5 JULY 1, 2025]: Sec. 20. (a) Except as provided in subsection (b), a |
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275 | | - | 6 qualified organization shall obtain licensed supplies from an entity |
---|
276 | | - | 7 licensed by the commission as a distributor. |
---|
277 | | - | 8 (b) Subsection (a) does not apply to a reusable licensed supply: |
---|
278 | | - | 9 (1) constructed, purchased, or otherwise obtained by a qualified |
---|
279 | | - | 10 organization before January 1, 2009; or |
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280 | | - | 11 (2) borrowed at any time from another qualified organization. |
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281 | | - | 12 (c) A qualified organization may pay for licensed supplies only with |
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282 | | - | 13 a check drawn on or by an electronic funds transfer from the qualified |
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283 | | - | 14 organization's gaming account. |
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284 | | - | 15 (d) A manufacturer or distributor of an electronic pull tab |
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285 | | - | 16 device may not offer an inducement to a qualified organization |
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286 | | - | 17 concerning the placement and operation of electronic pull tab |
---|
287 | | - | 18 systems and electronic pull tab games. |
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288 | | - | 19 (e) A manufacturer or distributor of electronic pull tab systems |
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289 | | - | 20 and electronic pull tab devices may not require a qualified |
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290 | | - | 21 organization to purchase, as a condition to receive electronic pull |
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291 | | - | 22 tab systems and electronic pull tab devices, the manufacturer's or |
---|
292 | | - | 23 distributor's paper gaming products. |
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293 | | - | 24 SECTION 15. IC 4-32.3-5-23, AS AMENDED BY P.L.114-2023, |
---|
294 | | - | 25 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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295 | | - | 26 JULY 1, 2025]: Sec. 23. (a) Subject to subsections (b) and (c), a |
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296 | | - | 27 qualified organization may accept credit cards at an allowable activity |
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297 | | - | 28 for the purchase of: |
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298 | | - | 29 (1) food and beverages; |
---|
299 | | - | 30 (2) merchandise; and |
---|
300 | | - | 31 (3) retail goods and services offered at a benefit auction. |
---|
301 | | - | 32 (b) Except as provided in subsections (c) and (d), a qualified |
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302 | | - | 33 organization may not accept credit cards or extend credit to a player for |
---|
303 | | - | 34 the purchase of: |
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304 | | - | 35 (1) a chance to play any game of chance offered at an allowable |
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305 | | - | 36 activity; or |
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306 | | - | 37 (2) licensed supplies. |
---|
307 | | - | 38 (c) A qualified organization, including a worker or volunteer ticket |
---|
308 | | - | 39 agent assisting the qualified organization, may accept payment by |
---|
309 | | - | 40 credit card for the purchase of a chance to enter a raffle or water race |
---|
310 | | - | 41 at an allowable event if the payment is made face to face and not or on |
---|
311 | | - | 42 the Internet. |
---|
312 | | - | HB 1433—LS 6523/DI 137 8 |
---|
313 | | - | 1 (d) A qualified organization may accept payment by credit card for |
---|
314 | | - | 2 the purchase of a chance to enter an allowable event if the allowable |
---|
315 | | - | 3 event is conducted at a facility leased or owned by the capital |
---|
316 | | - | 4 improvement board of managers created by IC 36-10-9. |
---|
317 | | - | 5 SECTION 16. IC 4-32.3-5-24 IS ADDED TO THE INDIANA |
---|
318 | | - | 6 CODE AS A NEW SECTION TO READ AS FOLLOWS |
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319 | | - | 7 [EFFECTIVE JULY 1, 2025]: Sec. 24. (a) An electronic raffle |
---|
320 | | - | 8 software system, web application, method, or process must be |
---|
321 | | - | 9 approved by the commission. |
---|
322 | | - | 10 (b) A qualified organization may use an electronic raffle |
---|
323 | | - | 11 software system, web application, method, or process approved by |
---|
324 | | - | 12 the commission to offer the purchase of a chance to win a raffle |
---|
325 | | - | 13 and to determine a winner or winners of a raffle if the qualified |
---|
326 | | - | 14 organization: |
---|
327 | | - | 15 (1) employs a method to detect the physical location of an |
---|
328 | | - | 16 individual who purchases a chance to win the raffle; |
---|
329 | | - | 17 (2) employs a method to verify that an individual who |
---|
330 | | - | 18 purchases a chance to win the raffle is at least eighteen (18) |
---|
331 | | - | 19 years of age; and |
---|
332 | | - | 20 (3) does not violate Subchapter IV of Chapter 53 of Title 31 of |
---|
333 | | - | 21 the United States Code. |
---|
334 | | - | 22 (c) A qualified organization may not accept payment for a |
---|
335 | | - | 23 chance to win a raffle conducted under subsection (b) from an |
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336 | | - | 24 individual who is located outside of Indiana. |
---|
337 | | - | 25 (d) A qualified organization must determine the winner or |
---|
338 | | - | 26 winners of a raffle conducted under subsection (b) at a live and |
---|
339 | | - | 27 in-person event. |
---|
340 | | - | 28 SECTION 17. IC 4-32.3-8-1, AS ADDED BY P.L.58-2019, |
---|
341 | | - | 29 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
342 | | - | 30 JULY 1, 2025]: Sec. 1. (a) The commission may suspend or revoke the |
---|
343 | | - | 31 license of or levy a civil penalty against a qualified organization, a |
---|
344 | | - | 32 manufacturer, a distributor, or an individual under this article for any |
---|
345 | | - | 33 of the following: |
---|
346 | | - | 34 (1) Violation of: |
---|
347 | | - | 35 (A) a provision of this article, IC 35-45-5-3, IC 35-45-5-3.5, |
---|
348 | | - | 36 IC 35-45-5-4, or a rule of the commission; or |
---|
349 | | - | 37 (B) any other local ordinance, state or federal statute, or |
---|
350 | | - | 38 administrative rule or regulation that would cause the |
---|
351 | | - | 39 commission to determine that the person is not of good moral |
---|
352 | | - | 40 character or reputation. |
---|
353 | | - | 41 (2) Failure to accurately account for a licensed supply. |
---|
354 | | - | 42 (3) Failure to accurately account for sales proceeds from an event |
---|
355 | | - | HB 1433—LS 6523/DI 137 9 |
---|
356 | | - | 1 or activity licensed or permitted under this article. |
---|
357 | | - | 2 (4) Commission of a fraud, deceit, or misrepresentation. |
---|
358 | | - | 3 (5) Conduct prejudicial to public confidence in the commission. |
---|
359 | | - | 4 (6) Failure to ensure the integrity of charitable gaming in Indiana. |
---|
360 | | - | 5 (7) Sale, lease, or operation of an electronic pull tab device or |
---|
361 | | - | 6 electronic pull tab system that has not been approved by the |
---|
362 | | - | 7 commission under IC 4-32.3-5-16.5. |
---|
363 | | - | 8 (b) If a violation is of a continuing nature, the commission may |
---|
364 | | - | 9 impose a civil penalty upon a licensee or an individual for each day the |
---|
365 | | - | 10 violation continues. |
---|
366 | | - | 11 (c) For purposes of subsection (a), a finding that a person has |
---|
367 | | - | 12 violated IC 35-45-5-3, IC 35-45-5-3.5, or IC 35-45-5-4 must be |
---|
368 | | - | 13 supported by a preponderance of the evidence. |
---|
369 | | - | 14 SECTION 18. IC 4-36-2-6, AS ADDED BY P.L.95-2008, |
---|
370 | | - | 15 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
371 | | - | 16 JULY 1, 2025]: Sec. 6. "Electronic gaming device" has the meaning set |
---|
372 | | - | 17 forth in IC 35-45-5-1. However, the term does not include an |
---|
373 | | - | 18 electronic pull tab device as defined in section 6.5 of this chapter or |
---|
374 | | - | 19 an electronic pull tab game as defined in section 6.7 of this chapter. |
---|
375 | | - | 20 SECTION 19. IC 4-36-2-6.5 IS ADDED TO THE INDIANA CODE |
---|
376 | | - | 21 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
---|
377 | | - | 22 1, 2025]: Sec. 6.5. "Electronic pull tab device" means a |
---|
378 | | - | 23 freestanding cabinet-style electronic device, a stationary and |
---|
379 | | - | 24 scaled-down table top version of a cabinet-style device, or a |
---|
380 | | - | 25 handheld mobile tablet, other than a phone or other personal |
---|
381 | | - | 26 computing device, that is: |
---|
382 | | - | 27 (1) used to play one (1) or more electronic pull tab games; and |
---|
383 | | - | 28 (2) approved by the Indiana gaming commission under |
---|
384 | | - | 29 IC 4-32.3-5-16.5. |
---|
385 | | - | 30 SECTION 20. IC 4-36-2-6.7 IS ADDED TO THE INDIANA CODE |
---|
386 | | - | 31 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
---|
387 | | - | 32 1, 2025]: Sec. 6.7. "Electronic pull tab game" means a unique |
---|
388 | | - | 33 electronic pull tab game with a unique form number and a unique |
---|
389 | | - | 34 serial number. |
---|
390 | | - | 35 SECTION 21. IC 4-36-2-6.9 IS ADDED TO THE INDIANA CODE |
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391 | | - | 36 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
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392 | | - | 37 1, 2025]: Sec. 6.9. "Electronic pull tab system" means an electronic |
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393 | | - | 38 pull tab device, an electronic pull tab game, and any computer or |
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394 | | - | 39 device, including all related hardware and software: |
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395 | | - | 40 (1) used to facilitate the play of an electronic pull tab game; |
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396 | | - | 41 and |
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397 | | - | 42 (2) approved by the Indiana gaming commission under |
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398 | | - | HB 1433—LS 6523/DI 137 10 |
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399 | | - | 1 IC 4-32.3-5-16.5. |
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400 | | - | 2 SECTION 22. IC 4-36-2-7, AS ADDED BY P.L.95-2008, |
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401 | | - | 3 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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402 | | - | 4 JULY 1, 2025]: Sec. 7. "Flare" means the board or placard, or, in the |
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403 | | - | 5 case of an electronic pull tab game, an electronic representation of |
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404 | | - | 6 a board or placard, that accompanies each deal of pull tabs on which |
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405 | | - | 7 the following information is printed: |
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406 | | - | 8 (1) The game name. |
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407 | | - | 9 (2) The manufacturer's name or distinctive logo. |
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408 | | - | 10 (3) The form number. |
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409 | | - | 11 (4) The ticket count. |
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410 | | - | 12 (5) The prize structure. |
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411 | | - | 13 (6) The cost per play. |
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412 | | - | 14 (7) The game serial number. |
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413 | | - | 15 SECTION 23. IC 4-36-2-11.5 IS ADDED TO THE INDIANA |
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414 | | - | 16 CODE AS A NEW SECTION TO READ AS FOLLOWS |
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415 | | - | 17 [EFFECTIVE JULY 1, 2025]: Sec. 11.5. "Manually activate" means: |
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416 | | - | 18 (1) touching an icon on an electronic pull tab device screen; |
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417 | | - | 19 (2) pressing a button on an electronic pull tab device; or |
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418 | | - | 20 (3) in the case of a visually impaired individual, performing |
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419 | | - | 21 an action to initiate activity for an electronic pull tab device. |
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420 | | - | 22 SECTION 24. IC 4-36-2-17.5, AS ADDED BY P.L.145-2021, |
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421 | | - | 23 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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422 | | - | 24 JULY 1, 2025]: Sec. 17.5. "Seal card" means a board or placard, or, in |
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| 49 | + | 3 software, used to facilitate the play of an electronic pull tab game. |
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| 50 | + | 4 SECTION 4. IC 4-32.3-2-16.5 IS ADDED TO THE INDIANA |
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| 51 | + | 5 CODE AS A NEW SECTION TO READ AS FOLLOWS |
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| 52 | + | 6 [EFFECTIVE JULY 1, 2025]: Sec. 16.5. "Flare" means the board or |
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| 53 | + | 7 placard, or, in the case of an electronic pull tab game, an electronic |
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| 54 | + | 8 representation of a board or placard, that accompanies each deal |
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| 55 | + | 9 of pull tabs on which the following information is printed: |
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| 56 | + | 10 (1) The game name. |
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| 57 | + | 11 (2) The manufacturer's name or distinctive logo. |
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| 58 | + | 12 (3) The form number. |
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| 59 | + | 13 (4) The ticket count. |
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| 60 | + | 14 (5) The prize structure. |
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| 61 | + | 15 (6) The cost per play. |
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| 62 | + | 16 (7) The game serial number. |
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| 63 | + | 17 SECTION 5. IC 4-32.3-2-22, AS ADDED BY P.L.58-2019, |
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| 64 | + | 18 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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| 65 | + | 19 JULY 1, 2025]: Sec. 22. "Licensed supply" refers to any of the |
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| 66 | + | 20 following: |
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| 67 | + | 21 (1) Bingo supplies. |
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| 68 | + | 22 (2) Pull tabs, including electronic pull tab devices, electronic |
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| 69 | + | 23 pull tab games, and electronic pull tab systems. |
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| 70 | + | 24 (3) Punchboards. |
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| 71 | + | 25 (4) Tip boards. |
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| 72 | + | 26 (5) Game boards, including but not limited to, raffle and coin |
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| 73 | + | 27 boards. |
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| 74 | + | 28 (6) Any other supplies, devices, or equipment designed to be used |
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| 75 | + | 29 in allowable activities designated by rule of the commission. |
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| 76 | + | 30 SECTION 6. IC 4-32.3-2-27, AS ADDED BY P.L.58-2019, |
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| 77 | + | 31 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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| 78 | + | 32 JULY 1, 2025]: Sec. 27. "Progressive or carryover pull tab" means a |
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| 79 | + | 33 pull tab game played with a seal card, or, in the case of an electronic |
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| 80 | + | 34 pull tab game, an electronic representation of a seal card, that is |
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| 81 | + | 35 designed by the manufacturer to include a jackpot prize that is carried |
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| 82 | + | 36 over to a subsequent deal of the same form number, in the event the |
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| 83 | + | 37 jackpot prize is not won. |
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| 84 | + | 38 SECTION 7. IC 4-32.3-2-28, AS ADDED BY P.L.58-2019, |
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| 85 | + | 39 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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| 86 | + | 40 JULY 1, 2025]: Sec. 28. "Pull tab" means either any of the following: |
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| 87 | + | 41 (1) A game conducted in the following manner: |
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| 88 | + | 42 (A) A single folded or banded ticket or a two-ply card with |
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| 89 | + | 2025 IN 1433—LS 6523/DI 137 3 |
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| 90 | + | 1 perforated break-open tabs is bought by a player from a |
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| 91 | + | 2 qualified organization. |
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| 92 | + | 3 (B) The face of each card is initially covered or otherwise |
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| 93 | + | 4 hidden from view, concealing a number, letter, symbol, or set |
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| 94 | + | 5 of letters or symbols. |
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| 95 | + | 6 (C) In each set of tickets or cards, a designated number of |
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| 96 | + | 7 tickets or cards have been randomly designated in advance as |
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| 97 | + | 8 winners. |
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| 98 | + | 9 (D) Winners, or potential winners if the game includes the use |
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| 99 | + | 10 of a seal, are determined by revealing the faces of the tickets |
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| 100 | + | 11 or cards. The player may be required to sign the player's name |
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| 101 | + | 12 on numbered lines provided if a paper seal is used. |
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| 102 | + | 13 (E) The player with a winning pull tab ticket or numbered line |
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| 103 | + | 14 receives the prize stated on the flare from the qualified |
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| 104 | + | 15 organization. The prize must be fully and clearly described on |
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| 105 | + | 16 the flare. |
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| 106 | + | 17 (2) An electronic pull tab game played on an electronic pull |
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| 107 | + | 18 tab device approved by the commission under |
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| 108 | + | 19 IC 4-32.3-5-16.5. |
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| 109 | + | 20 (2) (3) Any game played in a similar fashion as a game described |
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| 110 | + | 21 in subdivision (1) that is approved by the commission. |
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| 111 | + | 22 SECTION 8. IC 4-32.3-2-34, AS ADDED BY P.L.58-2019, |
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| 112 | + | 23 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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| 113 | + | 24 JULY 1, 2025]: Sec. 34. "Seal card" means a board or placard, or, in |
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427 | | - | 29 SECTION 25. IC 4-36-2-20, AS AMENDED BY P.L.145-2021, |
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428 | | - | 30 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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429 | | - | 31 JULY 1, 2025]: Sec. 20. "Type II gambling game" means a pull tab, |
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430 | | - | 32 punchboard, or tip board game approved by the Indiana gaming |
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431 | | - | 33 commission for play under IC 4-32.3, including: |
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432 | | - | 34 (1) raffles; |
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433 | | - | 35 (2) progressive or carryover pull tab games; and |
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434 | | - | 36 (3) sports-themed tip board and pull tab games approved by the |
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435 | | - | 37 commission in the commission's September 16, 2019, |
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436 | | - | 38 memorandum and waiver; and |
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437 | | - | 39 (4) electronic pull tab games. |
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438 | | - | 40 SECTION 26. IC 4-36-3-3, AS AMENDED BY P.L.93-2024, |
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439 | | - | 41 SECTION 39, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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440 | | - | 42 JULY 1, 2025]: Sec. 3. (a) The commission may adopt rules under |
---|
441 | | - | HB 1433—LS 6523/DI 137 11 |
---|
442 | | - | 1 IC 4-22-2 for the establishment, implementation, and operation of type |
---|
443 | | - | 2 II gambling games and to ensure that the type II gambling operations |
---|
444 | | - | 3 are consistently operated in a fair and honest manner. |
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445 | | - | 4 (b) The commission shall adopt rules under IC 4-22-2 to |
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446 | | - | 5 incorporate by reference rules adopted by the Indiana gaming |
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447 | | - | 6 commission governing the approval, testing, and operation of |
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448 | | - | 7 electronic pull tab devices and electronic pull tab games. |
---|
449 | | - | 8 SECTION 27. IC 4-36-5-1, AS AMENDED BY P.L.145-2021, |
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450 | | - | 9 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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451 | | - | 10 JULY 1, 2025]: Sec. 1. (a) A retailer may offer the sale of type II |
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452 | | - | 11 gambling games in accordance with this article and rules adopted by |
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453 | | - | 12 the commission. |
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454 | | - | 13 (b) A retailer's endorsement also authorizes a retailer to conduct |
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455 | | - | 14 qualified drawings: |
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456 | | - | 15 (1) on the premises of the retailer's tavern; or |
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457 | | - | 16 (2) on the retailer's jumbo boat. |
---|
458 | | - | 17 (c) A qualified drawing is subject to the following rules and |
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459 | | - | 18 limitations: |
---|
460 | | - | 19 (1) The purchase price for a chance to win a prize in a qualified |
---|
461 | | - | 20 drawing may not exceed five dollars ($5). |
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462 | | - | 21 (2) This subdivision does not apply to a qualified drawing |
---|
463 | | - | 22 conducted under subdivision (11). The total value of all prizes |
---|
464 | | - | 23 that may be won in a particular qualified drawing may not exceed |
---|
465 | | - | 24 three hundred dollars ($300) for any of the following: |
---|
466 | | - | 25 (A) A daily drawing. |
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467 | | - | 26 (B) A weekly drawing. |
---|
468 | | - | 27 (C) A monthly drawing. |
---|
469 | | - | 28 (3) A qualified drawing must be conducted in accordance with the |
---|
470 | | - | 29 following limitations: |
---|
471 | | - | 30 (A) Not more than one (1) daily drawing may be conducted |
---|
472 | | - | 31 each day. |
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473 | | - | 32 (B) Not more than one (1) weekly drawing may be conducted |
---|
474 | | - | 33 each week. |
---|
475 | | - | 34 (C) Not more than one (1) monthly drawing may be conducted |
---|
476 | | - | 35 each month. |
---|
477 | | - | 36 (D) Weekly drawings must be held on regular seven (7) day |
---|
478 | | - | 37 intervals posted in the information required by subdivision (9). |
---|
479 | | - | 38 (E) Monthly drawings must be held on regular monthly |
---|
480 | | - | 39 intervals posted in the information required by subdivision (9). |
---|
481 | | - | 40 A weekly or monthly drawing may be conducted on the same day |
---|
482 | | - | 41 that a daily drawing is conducted. |
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483 | | - | 42 (4) Except as otherwise provided in this section, a patron must be |
---|
484 | | - | HB 1433—LS 6523/DI 137 12 |
---|
485 | | - | 1 present to claim a prize awarded in a qualified drawing. |
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486 | | - | 2 (5) A retailer may profit from conducting a qualified drawing. |
---|
487 | | - | 3 (6) If no winning ticket is drawn in a qualified drawing, a retailer |
---|
488 | | - | 4 may: |
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489 | | - | 5 (A) carry the prize over to a later drawing in accordance with |
---|
490 | | - | 6 this section; or |
---|
491 | | - | 7 (B) continue drawing tickets until a winner is drawn. |
---|
492 | | - | 8 (7) If a patron who purchased a winning ticket is not present to |
---|
493 | | - | 9 claim a prize at the time of the qualified drawing, a retailer shall |
---|
494 | | - | 10 hold the prize for the winning patron in accordance with the rules |
---|
495 | | - | 11 of the retailer. |
---|
496 | | - | 12 (8) In order to comply with subdivision (7), a retailer shall obtain |
---|
497 | | - | 13 the name, address, and telephone number of each patron who |
---|
498 | | - | 14 purchases a ticket for a qualified drawing. |
---|
499 | | - | 15 (9) A retailer must conspicuously display the following |
---|
500 | | - | 16 information concerning each qualified drawing conducted by the |
---|
501 | | - | 17 retailer: |
---|
502 | | - | 18 (A) The price of a ticket. |
---|
503 | | - | 19 (B) The time of the drawing. |
---|
504 | | - | 20 (C) The description and value of the prizes awarded in the |
---|
505 | | - | 21 drawing. |
---|
506 | | - | 22 (D) The manner in which a prize may be claimed. |
---|
507 | | - | 23 (E) The rules of the retailer concerning the following: |
---|
508 | | - | 24 (i) Qualified drawings in which no winning ticket is drawn. |
---|
509 | | - | 25 (ii) The period that the retailer will hold a prize for a |
---|
510 | | - | 26 winning patron who was not present to claim the prize at the |
---|
511 | | - | 27 time of the qualified drawing. |
---|
512 | | - | 28 (F) Whether: |
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513 | | - | 29 (i) the retailer will retain the profits realized from |
---|
514 | | - | 30 conducting the qualified drawing; or |
---|
515 | | - | 31 (ii) the amount wagered on the qualified drawing will be |
---|
516 | | - | 32 returned to the retailer's patrons in the form of prizes. |
---|
517 | | - | 33 (10) Notwithstanding any other provision of this chapter, a |
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518 | | - | 34 retailer must continue drawing tickets in a monthly drawing until |
---|
519 | | - | 35 the retailer draws a ticket purchased by a patron who is present to |
---|
520 | | - | 36 claim the prize. |
---|
521 | | - | 37 (11) The following rules apply only to a qualified drawing from |
---|
522 | | - | 38 which the retailer retains the profits: |
---|
523 | | - | 39 (A) Cash may not be awarded to the winner of the qualified |
---|
524 | | - | 40 drawing. |
---|
525 | | - | 41 (B) All prizes must be in the form of merchandise other than |
---|
526 | | - | 42 alcohol or tobacco. |
---|
527 | | - | HB 1433—LS 6523/DI 137 13 |
---|
528 | | - | 1 (C) The maximum amount of wagers that a retailer may accept |
---|
529 | | - | 2 in the course of conducting the qualified drawing is five |
---|
530 | | - | 3 hundred dollars ($500). |
---|
531 | | - | 4 (d) When the winning patron is not present at the time of the |
---|
532 | | - | 5 qualified drawing to claim a prize, the retailer shall award the prize in |
---|
533 | | - | 6 the following manner: |
---|
534 | | - | 7 (1) The retailer shall immediately notify the winning patron by |
---|
535 | | - | 8 telephone that the patron's name was drawn in a qualified drawing |
---|
536 | | - | 9 and that the patron has the time permitted by the rules of the |
---|
537 | | - | 10 retailer, which must be at least seventy-two (72) hours, to claim |
---|
538 | | - | 11 the prize. |
---|
539 | | - | 12 (2) The winning patron must appear at the retailer's premises |
---|
540 | | - | 13 within the time permitted by the rules of the retailer to claim the |
---|
541 | | - | 14 prize in person. |
---|
542 | | - | 15 (3) The retailer shall verify the identity of the winning patron and |
---|
543 | | - | 16 award the prize. |
---|
544 | | - | 17 (e) This subsection applies when the rules of a retailer require the |
---|
545 | | - | 18 retailer to carry over a prize when no winning ticket is drawn and when |
---|
546 | | - | 19 a winning patron fails to claim a prize in the manner required by |
---|
547 | | - | 20 subsection (d). The retailer shall carry the prize over to a later qualified |
---|
548 | | - | 21 drawing as follows: |
---|
549 | | - | 22 (1) An unclaimed prize from a daily drawing must be carried over |
---|
550 | | - | 23 to the next daily drawing. |
---|
551 | | - | 24 (2) Subject to the prize limits set forth in subsection (c)(2), a |
---|
552 | | - | 25 retailer may carry over a prize under subdivision (1) not more |
---|
553 | | - | 26 than fourteen (14) times. On the fourteenth calendar day to which |
---|
554 | | - | 27 a prize has been carried over, the retailer must continue drawing |
---|
555 | | - | 28 tickets until the retailer draws a ticket purchased by a patron who |
---|
556 | | - | 29 is present to claim the prize. |
---|
557 | | - | 30 (3) An unclaimed prize from a weekly drawing must be carried |
---|
558 | | - | 31 over to the next weekly drawing. |
---|
559 | | - | 32 (4) Subject to the prize limits set forth in subsection (c)(2), a |
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560 | | - | 33 retailer may carry over a prize under subdivision (3) not more |
---|
561 | | - | 34 than one (1) time. On the day that the retailer conducts a weekly |
---|
562 | | - | 35 drawing for the carried over prize, the retailer must continue |
---|
563 | | - | 36 drawing tickets until the retailer draws a ticket purchased by a |
---|
564 | | - | 37 patron who is present to claim the prize. |
---|
565 | | - | 38 (f) The following apply to a retailer that carries over a prize under |
---|
566 | | - | 39 subsection (e): |
---|
567 | | - | 40 (1) A retailer may conduct the daily drawing regularly scheduled |
---|
568 | | - | 41 for a calendar day occurring during the time that the retailer holds |
---|
569 | | - | 42 a prize for a winning patron who was not present at the time of a |
---|
570 | | - | HB 1433—LS 6523/DI 137 14 |
---|
571 | | - | 1 qualified drawing. |
---|
572 | | - | 2 (2) If an unclaimed prize from a daily drawing is carried over to |
---|
573 | | - | 3 a particular date, the retailer may not conduct the regular daily |
---|
574 | | - | 4 drawing that would otherwise be permitted under this section on |
---|
575 | | - | 5 that date. |
---|
576 | | - | 6 (3) If an unclaimed prize from a weekly drawing is carried over |
---|
577 | | - | 7 to a particular date, the retailer may not conduct the regular |
---|
578 | | - | 8 weekly drawing that would otherwise be permitted under this |
---|
579 | | - | 9 section on that date. |
---|
580 | | - | 10 (4) Subject to the prize limits set forth in subsection (c)(2), a |
---|
581 | | - | 11 retailer may accept additional entries to a drawing for a carried |
---|
582 | | - | 12 over prize. |
---|
583 | | - | 13 (g) The following apply to a raffle drawing: |
---|
584 | | - | 14 (1) A retailer may not retain more than twenty percent (20%) of |
---|
585 | | - | 15 the proceeds. |
---|
586 | | - | 16 (2) A retailer must establish and publish house rules. |
---|
587 | | - | 17 (3) The maximum amount of prizes in a raffle game is limited to |
---|
588 | | - | 18 thirty thousand dollars ($30,000). |
---|
589 | | - | 19 SECTION 28. IC 4-36-5-2.5 IS ADDED TO THE INDIANA CODE |
---|
590 | | - | 20 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
---|
591 | | - | 21 1, 2025]: Sec. 2.5. (a) The number of electronic pull tab devices |
---|
592 | | - | 22 permitted on the premises of any tavern or jumbo boat may not |
---|
593 | | - | 23 exceed the following: |
---|
594 | | - | 24 (1) In the case of a tavern or jumbo boat with an occupancy |
---|
595 | | - | 25 limit of not more than one hundred (100) individuals, not |
---|
596 | | - | 26 more than three (3) electronic pull tab devices. |
---|
597 | | - | 27 (2) In the case of a tavern or jumbo boat with an occupancy |
---|
598 | | - | 28 limit of more than one hundred (100) individuals and not |
---|
599 | | - | 29 more than two hundred fifty (250) individuals, not more than |
---|
600 | | - | 30 five (5) electronic pull tab devices. |
---|
601 | | - | 31 (3) In the case of a tavern or jumbo boat with an occupancy |
---|
602 | | - | 32 limit of more than two hundred fifty (250) individuals, not |
---|
603 | | - | 33 more than seven (7) electronic pull tab devices. |
---|
604 | | - | 34 (b) An electronic pull tab device must conspicuously state on the |
---|
605 | | - | 35 front exterior of the device: "If you or someone you know has a |
---|
606 | | - | 36 gambling problem and wants help, call 1-800-9-WITH-IT" or the |
---|
607 | | - | 37 telephone number set forth in 68 IAC 27-7-17. |
---|
608 | | - | 38 SECTION 29. IC 4-36-5-3, AS AMENDED BY P.L.19-2011, |
---|
609 | | - | 39 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
610 | | - | 40 JULY 1, 2025]: Sec. 3. (a) A retailer must obtain a type II gambling |
---|
611 | | - | 41 game or a ticket for a qualified drawing from a distributor licensed by |
---|
612 | | - | 42 the commission under this article. |
---|
613 | | - | HB 1433—LS 6523/DI 137 15 |
---|
614 | | - | 1 (b) This subsection does not apply to the obtaining of electronic |
---|
615 | | - | 2 pull tab devices, electronic pull tab games, or electronic pull tab |
---|
616 | | - | 3 systems. Except as provided in subsection (c), a distributor must obtain |
---|
617 | | - | 4 at least twenty-five percent (25%) of the type II gambling games and |
---|
618 | | - | 5 tickets for qualified drawings purchased by the distributor from a |
---|
619 | | - | 6 manufacturer that is domiciled in Indiana. |
---|
620 | | - | 7 (c) The commission may excuse a distributor from the requirement |
---|
621 | | - | 8 set forth in subsection (b) if the commission finds that at least one (1) |
---|
622 | | - | 9 of the following conditions exists: |
---|
623 | | - | 10 (1) No manufacturer domiciled in Indiana is licensed under this |
---|
624 | | - | 11 article. |
---|
625 | | - | 12 (2) No manufacturer domiciled in Indiana is in good standing |
---|
626 | | - | 13 with the requirements of this article. |
---|
627 | | - | 14 (3) All of the licensed manufacturers domiciled in Indiana also |
---|
628 | | - | 15 hold distributor's licenses. |
---|
629 | | - | 16 (d) A manufacturer or distributor of an electronic pull tab |
---|
630 | | - | 17 device may not offer an inducement to a retailer concerning the |
---|
631 | | - | 18 placement and operation of electronic pull tab systems and |
---|
632 | | - | 19 electronic pull tab games. |
---|
633 | | - | 20 (e) A manufacturer or distributor of electronic pull tab systems |
---|
634 | | - | 21 and electronic pull tab devices may not require a retailer to |
---|
635 | | - | 22 purchase, as a condition to receive electronic pull tab systems and |
---|
636 | | - | 23 electronic pull tab devices, the manufacturer's or distributor's |
---|
637 | | - | 24 paper gaming products. |
---|
638 | | - | 25 SECTION 30. IC 4-36-5-5.5 IS ADDED TO THE INDIANA CODE |
---|
639 | | - | 26 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
---|
640 | | - | 27 1, 2025]: Sec. 5.5. (a) Electronic pull tab systems and electronic pull |
---|
641 | | - | 28 tab devices: |
---|
642 | | - | 29 (1) must be approved by the Indiana gaming commission |
---|
643 | | - | 30 under IC 4-32.3-5-16.5, notwithstanding IC 4-36-3-3(b); |
---|
644 | | - | 31 (2) may only accept United States currency or a credit |
---|
645 | | - | 32 voucher; and |
---|
646 | | - | 33 (3) may not directly dispense United States currency or any |
---|
647 | | - | 34 article or exchange of value other than a credit voucher. |
---|
648 | | - | 35 (b) Electronic pull tab games must meet the following |
---|
649 | | - | 36 requirements: |
---|
650 | | - | 37 (1) Each electronic pull tab game must have a predetermined |
---|
651 | | - | 38 and designated number of tickets or cards in advance as |
---|
652 | | - | 39 winners. |
---|
653 | | - | 40 (2) Each electronic pull tab game series must have a |
---|
654 | | - | 41 predetermined prize structure and fixed prize amounts. |
---|
655 | | - | 42 (3) Each electronic pull tab game series must have a unique |
---|
656 | | - | HB 1433—LS 6523/DI 137 16 |
---|
657 | | - | 1 serial number. |
---|
658 | | - | 2 (4) Each electronic pull tab in a game series must be sold for |
---|
659 | | - | 3 the same price. |
---|
660 | | - | 4 (5) The reveal of the numbers or symbols on an electronic pull |
---|
661 | | - | 5 tab ticket or card must replicate the reveal of the numbers or |
---|
662 | | - | 6 symbols on a paper pull tab ticket or card. |
---|
663 | | - | 7 (6) The reveal of the numbers or symbols on an electronic pull |
---|
664 | | - | 8 tab ticket or card may be designed with an animated |
---|
665 | | - | 9 entertainment theme, but may not include: |
---|
666 | | - | 10 (A) spinning wheels resembling a slot machine; |
---|
667 | | - | 11 (B) any replication of keno, blackjack, roulette, poker, |
---|
668 | | - | 12 craps, or any other casino table game; |
---|
669 | | - | 13 (C) any replication of horse racing; or |
---|
670 | | - | 14 (D) any replication of any other gambling game as defined |
---|
671 | | - | 15 in IC 4-33-2-9 and IC 4-35-2-5. |
---|
672 | | - | 16 (7) Any extended play feature may not require additional |
---|
673 | | - | 17 payment or award any prize other than the predetermined |
---|
674 | | - | 18 prize associated with the initial electronic pull tab ticket or |
---|
675 | | - | 19 card. |
---|
676 | | - | 20 (8) Each electronic pull tab must require an individual to |
---|
677 | | - | 21 manually activate: |
---|
678 | | - | 22 (A) the electronic pull tab ticket; and |
---|
679 | | - | 23 (B) each individual row and column of an electronic pull |
---|
680 | | - | 24 tab ticket before a single row or column of symbols is |
---|
681 | | - | 25 revealed; |
---|
682 | | - | 26 with a separate and distinct action. |
---|
683 | | - | 27 SECTION 31. IC 4-36-6-1, AS ADDED BY P.L.95-2008, |
---|
684 | | - | 28 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
685 | | - | 29 JULY 1, 2025]: Sec. 1. (a) The commission may suspend or revoke the |
---|
686 | | - | 30 endorsement or license of or levy a civil penalty against a licensee for |
---|
687 | | - | 31 any of the following: |
---|
688 | | - | 32 (1) Violation of a provision of this article or of a rule of the |
---|
689 | | - | 33 commission. |
---|
690 | | - | 34 (2) Failure to accurately account for type II gambling games. |
---|
691 | | - | 35 (3) Failure to accurately account for sales proceeds from type II |
---|
692 | | - | 36 gambling operations. |
---|
693 | | - | 37 (4) Commission of a fraud, deceit, or misrepresentation. |
---|
694 | | - | 38 (5) Conduct prejudicial to public confidence in the commission. |
---|
695 | | - | 39 (6) Sale, lease, or operation of an electronic pull tab device or |
---|
696 | | - | 40 electronic pull tab system that has not been approved by the |
---|
697 | | - | 41 Indiana gaming commission under IC 4-32.3-5-16.5. |
---|
698 | | - | 42 (b) If a violation is of a continuing nature, the commission may |
---|
699 | | - | HB 1433—LS 6523/DI 137 17 |
---|
700 | | - | 1 impose a civil penalty on a licensee for each day the violation |
---|
701 | | - | 2 continues. |
---|
702 | | - | 3 SECTION 32. [EFFECTIVE JULY 1, 2025] (a) 68 IAC 21-8-13 is |
---|
703 | | - | 4 void. The publisher of the Indiana Administrative Code and |
---|
704 | | - | 5 Indiana Register shall remove this section from the Indiana |
---|
705 | | - | 6 Administrative Code. |
---|
706 | | - | 7 (b) This SECTION expires July 1, 2026. |
---|
707 | | - | HB 1433—LS 6523/DI 137 18 |
---|
708 | | - | COMMITTEE REPORT |
---|
709 | | - | Mr. Speaker: Your Committee on Public Policy, to which was |
---|
710 | | - | referred House Bill 1433, has had the same under consideration and |
---|
711 | | - | begs leave to report the same back to the House with the |
---|
712 | | - | recommendation that said bill be amended as follows: |
---|
713 | | - | Page 1, delete lines 15 through 17, begin a new paragraph and |
---|
714 | | - | insert: |
---|
715 | | - | "SECTION 3. IC 4-32.3-2-15.7 IS ADDED TO THE INDIANA |
---|
716 | | - | CODE AS A NEW SECTION TO READ AS FOLLOWS |
---|
717 | | - | [EFFECTIVE JULY 1, 2025]: Sec. 15.7. "Electronic pull tab system" |
---|
718 | | - | means an electronic pull tab device, an electronic pull tab game, |
---|
719 | | - | and any computer or device, including all related hardware and |
---|
720 | | - | software: |
---|
721 | | - | (1) used to facilitate the play of an electronic pull tab game; |
---|
722 | | - | and |
---|
723 | | - | (2) approved by the commission under IC 4-32.3-5-16.5.". |
---|
724 | | - | Page 2, delete lines 1 through 3. |
---|
725 | | - | Page 2, between lines 29 and 30, begin a new paragraph and insert: |
---|
726 | | - | "SECTION 6. IC 4-32.3-2-22.5 IS ADDED TO THE INDIANA |
---|
727 | | - | CODE AS A NEW SECTION TO READ AS FOLLOWS |
---|
728 | | - | [EFFECTIVE JULY 1, 2025]: Sec. 22.5. "Manually activate" means: |
---|
729 | | - | (1) touching an icon on an electronic pull tab device screen; |
---|
730 | | - | (2) pressing a button on a electronic pull tab device; or |
---|
731 | | - | (3) in the case of a visually impaired individual, performing |
---|
732 | | - | an action to initiate activity for an electronic pull tab device.". |
---|
733 | | - | Page 4, delete lines 33 through 42. |
---|
734 | | - | Delete page 5. |
---|
735 | | - | Page 6, delete lines 1 through 31, begin a new paragraph and insert: |
---|
736 | | - | "SECTION 12. IC 4-32.3-5-3, AS AMENDED BY P.L.145-2021, |
---|
737 | | - | SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
738 | | - | JULY 1, 2025]: Sec. 3. (a) All net proceeds from an allowable activity |
---|
739 | | - | and related activities may be used only for the any lawful purposes |
---|
740 | | - | purpose of the qualified organization. including the: |
---|
741 | | - | (1) repair; |
---|
742 | | - | (2) maintenance; or |
---|
743 | | - | (3) improvement; |
---|
744 | | - | of owned real property used for the lawful purposes of the qualified |
---|
745 | | - | organization. |
---|
746 | | - | (b) To determine the net proceeds from an allowable activity, a |
---|
747 | | - | qualified organization shall subtract the following from the gross |
---|
748 | | - | receipts received from the allowable activity: |
---|
749 | | - | HB 1433—LS 6523/DI 137 19 |
---|
750 | | - | (1) An amount equal to the total value of the prizes awarded at the |
---|
751 | | - | allowable activity. |
---|
752 | | - | (2) The sum of the purchase prices paid for licensed supplies |
---|
753 | | - | dispensed at the allowable activity. |
---|
754 | | - | (3) An amount equal to the qualified organization's license fees |
---|
755 | | - | attributable to the allowable activity. |
---|
756 | | - | (4) An amount equal to the advertising expenses incurred by the |
---|
757 | | - | qualified organization to promote the allowable activity. |
---|
758 | | - | (5) An amount not to exceed two hundred dollars ($200) per day |
---|
759 | | - | for rent paid for facilities leased for an allowable activity.". |
---|
760 | | - | Page 7, between lines 25 and 26, begin a new line block indented |
---|
761 | | - | and insert: |
---|
762 | | - | "(8) Each electronic pull tab must require an individual to |
---|
763 | | - | manually activate: |
---|
764 | | - | (A) the electronic pull tab ticket; and |
---|
765 | | - | (B) each individual row and column of an electronic pull |
---|
766 | | - | tab ticket before a single row or column of symbols is |
---|
767 | | - | revealed; |
---|
768 | | - | with a separate and distinct action.". |
---|
769 | | - | Page 7, line 28, after "16.7." insert "(a)". |
---|
770 | | - | Page 7, between lines 40 and 41, begin a new paragraph and insert: |
---|
771 | | - | "(b) An electronic pull tab device must conspicuously state on |
---|
772 | | - | the front exterior of the device: "If you or someone you know has |
---|
773 | | - | a gambling problem and wants help, call 1-800-9-WITH-IT.". |
---|
774 | | - | (c) A qualified organization that conducts electronic pull tab |
---|
775 | | - | games must also conduct paper pull tab games. |
---|
776 | | - | SECTION 14. IC 4-32.3-5-20, AS ADDED BY P.L.58-2019, |
---|
777 | | - | SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
778 | | - | JULY 1, 2025]: Sec. 20. (a) Except as provided in subsection (b), a |
---|
779 | | - | qualified organization shall obtain licensed supplies from an entity |
---|
780 | | - | licensed by the commission as a distributor. |
---|
781 | | - | (b) Subsection (a) does not apply to a reusable licensed supply: |
---|
782 | | - | (1) constructed, purchased, or otherwise obtained by a qualified |
---|
783 | | - | organization before January 1, 2009; or |
---|
784 | | - | (2) borrowed at any time from another qualified organization. |
---|
785 | | - | (c) A qualified organization may pay for licensed supplies only with |
---|
786 | | - | a check drawn on or by an electronic funds transfer from the qualified |
---|
787 | | - | organization's gaming account. |
---|
788 | | - | (d) A manufacturer or distributor of an electronic pull tab |
---|
789 | | - | device may not offer an inducement to a qualified organization |
---|
790 | | - | concerning the placement and operation of electronic pull tab |
---|
791 | | - | systems and electronic pull tab games. |
---|
792 | | - | HB 1433—LS 6523/DI 137 20 |
---|
793 | | - | (e) A manufacturer or distributor of electronic pull tab systems |
---|
794 | | - | and electronic pull tab devices may not require a qualified |
---|
795 | | - | organization to purchase, as a condition to receive electronic pull |
---|
796 | | - | tab systems and electronic pull tab devices, the manufacturer's or |
---|
797 | | - | distributor's paper gaming products.". |
---|
798 | | - | Page 9, delete lines 22 through 24, begin a new line block indented |
---|
799 | | - | and insert: |
---|
800 | | - | "(7) Sale, lease, or operation of an electronic pull tab device or |
---|
801 | | - | electronic pull tab system that has not been approved by the |
---|
802 | | - | commission under IC 4-32.3-5-16.5.". |
---|
803 | | - | Page 9, after line 30, begin a new paragraph and insert: |
---|
804 | | - | "SECTION 17. IC 4-36-2-6, AS ADDED BY P.L.95-2008, |
---|
805 | | - | SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
806 | | - | JULY 1, 2025]: Sec. 6. "Electronic gaming device" has the meaning set |
---|
807 | | - | forth in IC 35-45-5-1. However, the term does not include an |
---|
808 | | - | electronic pull tab device as defined in section 6.5 of this chapter or |
---|
809 | | - | an electronic pull tab game as defined in section 6.7 of this chapter. |
---|
810 | | - | SECTION 18. IC 4-36-2-6.5 IS ADDED TO THE INDIANA CODE |
---|
811 | | - | AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
---|
812 | | - | 1, 2025]: Sec. 6.5. "Electronic pull tab device" means a |
---|
813 | | - | freestanding cabinet-style electronic device, a stationary and |
---|
814 | | - | scaled-down table top version of a cabinet-style device, or a |
---|
815 | | - | handheld mobile tablet, other than a phone or other personal |
---|
816 | | - | computing device, that is: |
---|
817 | | - | (1) used to play one (1) or more electronic pull tab games; and |
---|
818 | | - | (2) approved by the Indiana gaming commission under |
---|
819 | | - | IC 4-32.3-5-16.5. |
---|
820 | | - | SECTION 19. IC 4-36-2-6.7 IS ADDED TO THE INDIANA CODE |
---|
821 | | - | AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
---|
822 | | - | 1, 2025]: Sec. 6.7. "Electronic pull tab game" means a unique |
---|
823 | | - | electronic pull tab game with a unique form number and a unique |
---|
824 | | - | serial number. |
---|
825 | | - | SECTION 20. IC 4-36-2-6.9 IS ADDED TO THE INDIANA CODE |
---|
826 | | - | AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
---|
827 | | - | 1, 2025]: Sec. 6.9. "Electronic pull tab system" means an electronic |
---|
828 | | - | pull tab device, an electronic pull tab game, and any computer or |
---|
829 | | - | device, including all related hardware and software: |
---|
830 | | - | (1) used to facilitate the play of an electronic pull tab game; |
---|
831 | | - | and |
---|
832 | | - | (2) approved by the Indiana gaming commission under |
---|
833 | | - | IC 4-32.3-5-16.5. |
---|
834 | | - | SECTION 21. IC 4-36-2-7, AS ADDED BY P.L.95-2008, |
---|
835 | | - | HB 1433—LS 6523/DI 137 21 |
---|
836 | | - | SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
837 | | - | JULY 1, 2025]: Sec. 7. "Flare" means the board or placard, or, in the |
---|
838 | | - | case of an electronic pull tab game, an electronic representation of |
---|
839 | | - | a board or placard, that accompanies each deal of pull tabs on which |
---|
840 | | - | the following information is printed: |
---|
841 | | - | (1) The game name. |
---|
842 | | - | (2) The manufacturer's name or distinctive logo. |
---|
843 | | - | (3) The form number. |
---|
844 | | - | (4) The ticket count. |
---|
845 | | - | (5) The prize structure. |
---|
846 | | - | (6) The cost per play. |
---|
847 | | - | (7) The game serial number. |
---|
848 | | - | SECTION 22. IC 4-36-2-11.5 IS ADDED TO THE INDIANA |
---|
849 | | - | CODE AS A NEW SECTION TO READ AS FOLLOWS |
---|
850 | | - | [EFFECTIVE JULY 1, 2025]: Sec. 11.5. "Manually activate" means: |
---|
851 | | - | (1) touching an icon on an electronic pull tab device screen; |
---|
852 | | - | (2) pressing a button on an electronic pull tab device; or |
---|
853 | | - | (3) in the case of a visually impaired individual, performing |
---|
854 | | - | an action to initiate activity for an electronic pull tab device. |
---|
855 | | - | SECTION 22. IC 4-36-2-17.5, AS ADDED BY P.L.145-2021, |
---|
856 | | - | SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
857 | | - | JULY 1, 2025]: Sec. 17.5. "Seal card" means a board or placard, or, in |
---|
858 | | - | the case of an electronic pull tab game, an electronic representation |
---|
859 | | - | of a board or placard, used with pull tabs that contains one (1) or |
---|
860 | | - | more seals that, when removed or opened, reveals a predesignated |
---|
861 | | - | winning number, letter, symbol, or monetary denomination. |
---|
862 | | - | SECTION 23. IC 4-36-2-20, AS AMENDED BY P.L.145-2021, |
---|
863 | | - | SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
864 | | - | JULY 1, 2025]: Sec. 20. "Type II gambling game" means a pull tab, |
---|
865 | | - | punchboard, or tip board game approved by the Indiana gaming |
---|
866 | | - | commission for play under IC 4-32.3, including: |
---|
867 | | - | (1) raffles; |
---|
868 | | - | (2) progressive or carryover pull tab games; and |
---|
869 | | - | (3) sports-themed tip board and pull tab games approved by the |
---|
870 | | - | commission in the commission's September 16, 2019, |
---|
871 | | - | memorandum and waiver; and |
---|
872 | | - | (4) electronic pull tab games. |
---|
873 | | - | SECTION 24. IC 4-36-3-3, AS AMENDED BY P.L.93-2024, |
---|
874 | | - | SECTION 39, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
875 | | - | JULY 1, 2025]: Sec. 3. (a) The commission may adopt rules under |
---|
876 | | - | IC 4-22-2 for the establishment, implementation, and operation of type |
---|
877 | | - | II gambling games and to ensure that the type II gambling operations |
---|
878 | | - | HB 1433—LS 6523/DI 137 22 |
---|
879 | | - | are consistently operated in a fair and honest manner. |
---|
880 | | - | (b) The commission shall adopt rules under IC 4-22-2 to |
---|
881 | | - | incorporate by reference rules adopted by the Indiana gaming |
---|
882 | | - | commission governing the approval, testing, and operation of |
---|
883 | | - | electronic pull tab devices and electronic pull tab games. |
---|
884 | | - | SECTION 25. IC 4-36-5-1, AS AMENDED BY P.L.145-2021, |
---|
885 | | - | SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
886 | | - | JULY 1, 2025]: Sec. 1. (a) A retailer may offer the sale of type II |
---|
887 | | - | gambling games in accordance with this article and rules adopted by |
---|
888 | | - | the commission. |
---|
889 | | - | (b) A retailer's endorsement also authorizes a retailer to conduct |
---|
890 | | - | qualified drawings: |
---|
891 | | - | (1) on the premises of the retailer's tavern; or |
---|
892 | | - | (2) on the retailer's jumbo boat. |
---|
893 | | - | (c) A qualified drawing is subject to the following rules and |
---|
894 | | - | limitations: |
---|
895 | | - | (1) The purchase price for a chance to win a prize in a qualified |
---|
896 | | - | drawing may not exceed five dollars ($5). |
---|
897 | | - | (2) This subdivision does not apply to a qualified drawing |
---|
898 | | - | conducted under subdivision (11). The total value of all prizes |
---|
899 | | - | that may be won in a particular qualified drawing may not exceed |
---|
900 | | - | three hundred dollars ($300) for any of the following: |
---|
901 | | - | (A) A daily drawing. |
---|
902 | | - | (B) A weekly drawing. |
---|
903 | | - | (C) A monthly drawing. |
---|
904 | | - | (3) A qualified drawing must be conducted in accordance with the |
---|
905 | | - | following limitations: |
---|
906 | | - | (A) Not more than one (1) daily drawing may be conducted |
---|
907 | | - | each day. |
---|
908 | | - | (B) Not more than one (1) weekly drawing may be conducted |
---|
909 | | - | each week. |
---|
910 | | - | (C) Not more than one (1) monthly drawing may be conducted |
---|
911 | | - | each month. |
---|
912 | | - | (D) Weekly drawings must be held on regular seven (7) day |
---|
913 | | - | intervals posted in the information required by subdivision (9). |
---|
914 | | - | (E) Monthly drawings must be held on regular monthly |
---|
915 | | - | intervals posted in the information required by subdivision (9). |
---|
916 | | - | A weekly or monthly drawing may be conducted on the same day |
---|
917 | | - | that a daily drawing is conducted. |
---|
918 | | - | (4) Except as otherwise provided in this section, a patron must be |
---|
919 | | - | present to claim a prize awarded in a qualified drawing. |
---|
920 | | - | (5) A retailer may profit from conducting a qualified drawing. |
---|
921 | | - | HB 1433—LS 6523/DI 137 23 |
---|
922 | | - | (6) If no winning ticket is drawn in a qualified drawing, a retailer |
---|
923 | | - | may: |
---|
924 | | - | (A) carry the prize over to a later drawing in accordance with |
---|
925 | | - | this section; or |
---|
926 | | - | (B) continue drawing tickets until a winner is drawn. |
---|
927 | | - | (7) If a patron who purchased a winning ticket is not present to |
---|
928 | | - | claim a prize at the time of the qualified drawing, a retailer shall |
---|
929 | | - | hold the prize for the winning patron in accordance with the rules |
---|
930 | | - | of the retailer. |
---|
931 | | - | (8) In order to comply with subdivision (7), a retailer shall obtain |
---|
932 | | - | the name, address, and telephone number of each patron who |
---|
933 | | - | purchases a ticket for a qualified drawing. |
---|
934 | | - | (9) A retailer must conspicuously display the following |
---|
935 | | - | information concerning each qualified drawing conducted by the |
---|
936 | | - | retailer: |
---|
937 | | - | (A) The price of a ticket. |
---|
938 | | - | (B) The time of the drawing. |
---|
939 | | - | (C) The description and value of the prizes awarded in the |
---|
940 | | - | drawing. |
---|
941 | | - | (D) The manner in which a prize may be claimed. |
---|
942 | | - | (E) The rules of the retailer concerning the following: |
---|
943 | | - | (i) Qualified drawings in which no winning ticket is drawn. |
---|
944 | | - | (ii) The period that the retailer will hold a prize for a |
---|
945 | | - | winning patron who was not present to claim the prize at the |
---|
946 | | - | time of the qualified drawing. |
---|
947 | | - | (F) Whether: |
---|
948 | | - | (i) the retailer will retain the profits realized from |
---|
949 | | - | conducting the qualified drawing; or |
---|
950 | | - | (ii) the amount wagered on the qualified drawing will be |
---|
951 | | - | returned to the retailer's patrons in the form of prizes. |
---|
952 | | - | (10) Notwithstanding any other provision of this chapter, a |
---|
953 | | - | retailer must continue drawing tickets in a monthly drawing until |
---|
954 | | - | the retailer draws a ticket purchased by a patron who is present to |
---|
955 | | - | claim the prize. |
---|
956 | | - | (11) The following rules apply only to a qualified drawing from |
---|
957 | | - | which the retailer retains the profits: |
---|
958 | | - | (A) Cash may not be awarded to the winner of the qualified |
---|
959 | | - | drawing. |
---|
960 | | - | (B) All prizes must be in the form of merchandise other than |
---|
961 | | - | alcohol or tobacco. |
---|
962 | | - | (C) The maximum amount of wagers that a retailer may accept |
---|
963 | | - | in the course of conducting the qualified drawing is five |
---|
964 | | - | HB 1433—LS 6523/DI 137 24 |
---|
965 | | - | hundred dollars ($500). |
---|
966 | | - | (d) When the winning patron is not present at the time of the |
---|
967 | | - | qualified drawing to claim a prize, the retailer shall award the prize in |
---|
968 | | - | the following manner: |
---|
969 | | - | (1) The retailer shall immediately notify the winning patron by |
---|
970 | | - | telephone that the patron's name was drawn in a qualified drawing |
---|
971 | | - | and that the patron has the time permitted by the rules of the |
---|
972 | | - | retailer, which must be at least seventy-two (72) hours, to claim |
---|
973 | | - | the prize. |
---|
974 | | - | (2) The winning patron must appear at the retailer's premises |
---|
975 | | - | within the time permitted by the rules of the retailer to claim the |
---|
976 | | - | prize in person. |
---|
977 | | - | (3) The retailer shall verify the identity of the winning patron and |
---|
978 | | - | award the prize. |
---|
979 | | - | (e) This subsection applies when the rules of a retailer require the |
---|
980 | | - | retailer to carry over a prize when no winning ticket is drawn and when |
---|
981 | | - | a winning patron fails to claim a prize in the manner required by |
---|
982 | | - | subsection (d). The retailer shall carry the prize over to a later qualified |
---|
983 | | - | drawing as follows: |
---|
984 | | - | (1) An unclaimed prize from a daily drawing must be carried over |
---|
985 | | - | to the next daily drawing. |
---|
986 | | - | (2) Subject to the prize limits set forth in subsection (c)(2), a |
---|
987 | | - | retailer may carry over a prize under subdivision (1) not more |
---|
988 | | - | than fourteen (14) times. On the fourteenth calendar day to which |
---|
989 | | - | a prize has been carried over, the retailer must continue drawing |
---|
990 | | - | tickets until the retailer draws a ticket purchased by a patron who |
---|
991 | | - | is present to claim the prize. |
---|
992 | | - | (3) An unclaimed prize from a weekly drawing must be carried |
---|
993 | | - | over to the next weekly drawing. |
---|
994 | | - | (4) Subject to the prize limits set forth in subsection (c)(2), a |
---|
995 | | - | retailer may carry over a prize under subdivision (3) not more |
---|
996 | | - | than one (1) time. On the day that the retailer conducts a weekly |
---|
997 | | - | drawing for the carried over prize, the retailer must continue |
---|
998 | | - | drawing tickets until the retailer draws a ticket purchased by a |
---|
999 | | - | patron who is present to claim the prize. |
---|
1000 | | - | (f) The following apply to a retailer that carries over a prize under |
---|
1001 | | - | subsection (e): |
---|
1002 | | - | (1) A retailer may conduct the daily drawing regularly scheduled |
---|
1003 | | - | for a calendar day occurring during the time that the retailer holds |
---|
1004 | | - | a prize for a winning patron who was not present at the time of a |
---|
1005 | | - | qualified drawing. |
---|
1006 | | - | (2) If an unclaimed prize from a daily drawing is carried over to |
---|
1007 | | - | HB 1433—LS 6523/DI 137 25 |
---|
1008 | | - | a particular date, the retailer may not conduct the regular daily |
---|
1009 | | - | drawing that would otherwise be permitted under this section on |
---|
1010 | | - | that date. |
---|
1011 | | - | (3) If an unclaimed prize from a weekly drawing is carried over |
---|
1012 | | - | to a particular date, the retailer may not conduct the regular |
---|
1013 | | - | weekly drawing that would otherwise be permitted under this |
---|
1014 | | - | section on that date. |
---|
1015 | | - | (4) Subject to the prize limits set forth in subsection (c)(2), a |
---|
1016 | | - | retailer may accept additional entries to a drawing for a carried |
---|
1017 | | - | over prize. |
---|
1018 | | - | (g) The following apply to a raffle drawing: |
---|
1019 | | - | (1) A retailer may not retain more than twenty percent (20%) of |
---|
1020 | | - | the proceeds. |
---|
1021 | | - | (2) A retailer must establish and publish house rules. |
---|
1022 | | - | (3) The maximum amount of prizes in a raffle game is limited to |
---|
1023 | | - | thirty thousand dollars ($30,000). |
---|
1024 | | - | SECTION 26. IC 4-36-5-2.5 IS ADDED TO THE INDIANA CODE |
---|
1025 | | - | AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
---|
1026 | | - | 1, 2025]: Sec. 2.5. (a) The number of electronic pull tab devices |
---|
1027 | | - | permitted on the premises of any tavern or jumbo boat may not |
---|
1028 | | - | exceed the following: |
---|
1029 | | - | (1) In the case of a tavern or jumbo boat with an occupancy |
---|
1030 | | - | limit of not more than one hundred (100) individuals, not |
---|
1031 | | - | more than three (3) electronic pull tab devices. |
---|
1032 | | - | (2) In the case of a tavern or jumbo boat with an occupancy |
---|
1033 | | - | limit of more than one hundred (100) individuals and not |
---|
1034 | | - | more than two hundred fifty (250) individuals, not more than |
---|
1035 | | - | five (5) electronic pull tab devices. |
---|
1036 | | - | (3) In the case of a tavern or jumbo boat with an occupancy |
---|
1037 | | - | limit of more than two hundred fifty (250) individuals, not |
---|
1038 | | - | more than seven (7) electronic pull tab devices. |
---|
1039 | | - | (b) An electronic pull tab device must conspicuously state on the |
---|
1040 | | - | front exterior of the device: "If you or someone you know has a |
---|
1041 | | - | gambling problem and wants help, call 1-800-9-WITH-IT" or the |
---|
1042 | | - | telephone number set forth in 68 IAC 27-7-17. |
---|
1043 | | - | SECTION 27. IC 4-36-5-3, AS AMENDED BY P.L.19-2011, |
---|
1044 | | - | SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
1045 | | - | JULY 1, 2025]: Sec. 3. (a) A retailer must obtain a type II gambling |
---|
1046 | | - | game or a ticket for a qualified drawing from a distributor licensed by |
---|
1047 | | - | the commission under this article. |
---|
1048 | | - | (b) This subsection does not apply to the obtaining of electronic |
---|
1049 | | - | pull tab devices, electronic pull tab games, or electronic pull tab |
---|
1050 | | - | HB 1433—LS 6523/DI 137 26 |
---|
1051 | | - | systems. Except as provided in subsection (c), a distributor must obtain |
---|
1052 | | - | at least twenty-five percent (25%) of the type II gambling games and |
---|
1053 | | - | tickets for qualified drawings purchased by the distributor from a |
---|
1054 | | - | manufacturer that is domiciled in Indiana. |
---|
1055 | | - | (c) The commission may excuse a distributor from the requirement |
---|
1056 | | - | set forth in subsection (b) if the commission finds that at least one (1) |
---|
1057 | | - | of the following conditions exists: |
---|
1058 | | - | (1) No manufacturer domiciled in Indiana is licensed under this |
---|
1059 | | - | article. |
---|
1060 | | - | (2) No manufacturer domiciled in Indiana is in good standing |
---|
1061 | | - | with the requirements of this article. |
---|
1062 | | - | (3) All of the licensed manufacturers domiciled in Indiana also |
---|
1063 | | - | hold distributor's licenses. |
---|
1064 | | - | (d) A manufacturer or distributor of an electronic pull tab |
---|
1065 | | - | device may not offer an inducement to a retailer concerning the |
---|
1066 | | - | placement and operation of electronic pull tab systems and |
---|
1067 | | - | electronic pull tab games. |
---|
1068 | | - | (e) A manufacturer or distributor of electronic pull tab systems |
---|
1069 | | - | and electronic pull tab devices may not require a retailer to |
---|
1070 | | - | purchase, as a condition to receive electronic pull tab systems and |
---|
1071 | | - | electronic pull tab devices, the manufacturer's or distributor's |
---|
1072 | | - | paper gaming products. |
---|
1073 | | - | SECTION 29. IC 4-36-5-5.5 IS ADDED TO THE INDIANA CODE |
---|
1074 | | - | AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
---|
1075 | | - | 1, 2025]: Sec. 5.5. (a) Electronic pull tab systems and electronic pull |
---|
1076 | | - | tab devices: |
---|
1077 | | - | (1) must be approved by the Indiana gaming commission |
---|
1078 | | - | under IC 4-32.3-5-16.5, notwithstanding IC 4-36-3-3(b); |
---|
1079 | | - | (2) may only accept United States currency or a credit |
---|
1080 | | - | voucher; and |
---|
1081 | | - | (3) may not directly dispense United States currency or any |
---|
1082 | | - | article or exchange of value other than a credit voucher. |
---|
1083 | | - | (b) Electronic pull tab games must meet the following |
---|
1084 | | - | requirements: |
---|
1085 | | - | (1) Each electronic pull tab game must have a predetermined |
---|
1086 | | - | and designated number of tickets or cards in advance as |
---|
1087 | | - | winners. |
---|
1088 | | - | (2) Each electronic pull tab game series must have a |
---|
1089 | | - | predetermined prize structure and fixed prize amounts. |
---|
1090 | | - | (3) Each electronic pull tab game series must have a unique |
---|
1091 | | - | serial number. |
---|
1092 | | - | (4) Each electronic pull tab in a game series must be sold for |
---|
1093 | | - | HB 1433—LS 6523/DI 137 27 |
---|
1094 | | - | the same price. |
---|
1095 | | - | (5) The reveal of the numbers or symbols on an electronic pull |
---|
1096 | | - | tab ticket or card must replicate the reveal of the numbers or |
---|
1097 | | - | symbols on a paper pull tab ticket or card. |
---|
1098 | | - | (6) The reveal of the numbers or symbols on an electronic pull |
---|
1099 | | - | tab ticket or card may be designed with an animated |
---|
1100 | | - | entertainment theme, but may not include: |
---|
1101 | | - | (A) spinning wheels resembling a slot machine; |
---|
1102 | | - | (B) any replication of keno, blackjack, roulette, poker, |
---|
1103 | | - | craps, or any other casino table game; |
---|
1104 | | - | (C) any replication of horse racing; or |
---|
1105 | | - | (D) any replication of any other gambling game as defined |
---|
1106 | | - | in IC 4-33-2-9 and IC 4-35-2-5. |
---|
1107 | | - | (7) Any extended play feature may not require additional |
---|
1108 | | - | payment or award any prize other than the predetermined |
---|
1109 | | - | prize associated with the initial electronic pull tab ticket or |
---|
1110 | | - | card. |
---|
1111 | | - | (8) Each electronic pull tab must require an individual to |
---|
1112 | | - | manually activate: |
---|
1113 | | - | (A) the electronic pull tab ticket; and |
---|
1114 | | - | (B) each individual row and column of an electronic pull |
---|
1115 | | - | tab ticket before a single row or column of symbols is |
---|
1116 | | - | revealed; |
---|
1117 | | - | with a separate and distinct action. |
---|
1118 | | - | SECTION 28. IC 4-36-6-1, AS ADDED BY P.L.95-2008, |
---|
1119 | | - | SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
1120 | | - | JULY 1, 2025]: Sec. 1. (a) The commission may suspend or revoke the |
---|
1121 | | - | endorsement or license of or levy a civil penalty against a licensee for |
---|
1122 | | - | any of the following: |
---|
1123 | | - | (1) Violation of a provision of this article or of a rule of the |
---|
1124 | | - | commission. |
---|
1125 | | - | (2) Failure to accurately account for type II gambling games. |
---|
1126 | | - | (3) Failure to accurately account for sales proceeds from type II |
---|
1127 | | - | gambling operations. |
---|
1128 | | - | (4) Commission of a fraud, deceit, or misrepresentation. |
---|
1129 | | - | (5) Conduct prejudicial to public confidence in the commission. |
---|
1130 | | - | (6) Sale, lease, or operation of an electronic pull tab device or |
---|
1131 | | - | electronic pull tab system that has not been approved by the |
---|
1132 | | - | Indiana gaming commission under IC 4-32.3-5-16.5. |
---|
1133 | | - | (b) If a violation is of a continuing nature, the commission may |
---|
1134 | | - | impose a civil penalty on a licensee for each day the violation |
---|
1135 | | - | continues. |
---|
1136 | | - | HB 1433—LS 6523/DI 137 28 |
---|
1137 | | - | SECTION 18. [EFFECTIVE JULY 1, 2025] (a) 68 IAC 21-8-13 is |
---|
1138 | | - | void. The publisher of the Indiana Administrative Code and |
---|
1139 | | - | Indiana Register shall remove this section from the Indiana |
---|
1140 | | - | Administrative Code. |
---|
1141 | | - | (b) This SECTION expires July 1, 2026.". |
---|
1142 | | - | Renumber all SECTIONS consecutively. |
---|
1143 | | - | and when so amended that said bill do pass. |
---|
1144 | | - | (Reference is to HB 1433 as introduced.) |
---|
1145 | | - | MANNING |
---|
1146 | | - | Committee Vote: yeas 13, nays 0. |
---|
1147 | | - | HB 1433—LS 6523/DI 137 |
---|
| 118 | + | 29 SECTION 9. IC 4-32.3-3-3, AS AMENDED BY P.L.93-2024, |
---|
| 119 | + | 30 SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 120 | + | 31 JULY 1, 2025]: Sec. 3. The commission shall adopt rules under |
---|
| 121 | + | 32 IC 4-22-2 for the following purposes: |
---|
| 122 | + | 33 (1) Administering this article. |
---|
| 123 | + | 34 (2) Establishing the conditions under which charity gaming in |
---|
| 124 | + | 35 Indiana may be conducted, including the manner in which a |
---|
| 125 | + | 36 qualified organization may supervise a qualified card game |
---|
| 126 | + | 37 conducted under IC 4-32.3-5-11(b). |
---|
| 127 | + | 38 (3) Providing for the prevention of practices detrimental to the |
---|
| 128 | + | 39 public interest and providing for the best interests of charity |
---|
| 129 | + | 40 gaming. |
---|
| 130 | + | 41 (4) Establishing rules concerning inspection of qualified |
---|
| 131 | + | 42 organizations and the review of the licenses necessary to conduct |
---|
| 132 | + | 2025 IN 1433—LS 6523/DI 137 4 |
---|
| 133 | + | 1 charity gaming. |
---|
| 134 | + | 2 (5) Imposing penalties for noncriminal violations of this article. |
---|
| 135 | + | 3 (6) Establishing standards for independent audits conducted under |
---|
| 136 | + | 4 IC 4-32.3-5-5(d). |
---|
| 137 | + | 5 (7) Establishing standards: |
---|
| 138 | + | 6 (A) for the licensing of manufacturers of; |
---|
| 139 | + | 7 (B) for required technical specifications for; and |
---|
| 140 | + | 8 (C) to receive commission approval of; |
---|
| 141 | + | 9 electronic pull tab systems. |
---|
| 142 | + | 10 (8) Requiring that: |
---|
| 143 | + | 11 (A) the manufacturer of an electronic pull tab system |
---|
| 144 | + | 12 submit, at the manufacturer's own expense, the |
---|
| 145 | + | 13 manufacturer's electronic pull tab system to an |
---|
| 146 | + | 14 independent gaming testing laboratory for testing and |
---|
| 147 | + | 15 certification as meeting the standards for required |
---|
| 148 | + | 16 technical specifications adopted by the commission; and |
---|
| 149 | + | 17 (B) an electronic pull tab system be approved by the |
---|
| 150 | + | 18 commission before the electronic pull tab system may be |
---|
| 151 | + | 19 used by a qualified organization under this article. |
---|
| 152 | + | 20 (9) Establishing standards to receive commission approval of |
---|
| 153 | + | 21 an electronic raffle software system, web application, method, |
---|
| 154 | + | 22 or process. |
---|
| 155 | + | 23 (10) Requiring the operator or payment processor of an |
---|
| 156 | + | 24 electronic raffle software system, web application, method, or |
---|
| 157 | + | 25 process to submit to: |
---|
| 158 | + | 26 (A) certification by an independent gaming testing |
---|
| 159 | + | 27 laboratory or other testing process that the electronic |
---|
| 160 | + | 28 raffle software system, web application, method, or process |
---|
| 161 | + | 29 meets the standards for required technical specifications |
---|
| 162 | + | 30 adopted by the commission; |
---|
| 163 | + | 31 (B) age and identity verification requirements; and |
---|
| 164 | + | 32 (C) geolocation requirements. |
---|
| 165 | + | 33 SECTION 10. IC 4-32.3-3-4, AS ADDED BY P.L.58-2019, |
---|
| 166 | + | 34 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 167 | + | 35 JULY 1, 2025]: Sec. 4. (a) The commission has the sole authority to |
---|
| 168 | + | 36 license entities under this article to sell, distribute, or manufacture a |
---|
| 169 | + | 37 licensed supply. |
---|
| 170 | + | 38 (b) The commission may not limit the number of qualified entities |
---|
| 171 | + | 39 licensed under subsection (a). |
---|
| 172 | + | 40 (c) The commission may deny a license to an applicant for a license |
---|
| 173 | + | 41 to sell, manufacture, or distribute licensed supplies if the commission |
---|
| 174 | + | 42 determines that at least one (1) of the following applies with respect to |
---|
| 175 | + | 2025 IN 1433—LS 6523/DI 137 5 |
---|
| 176 | + | 1 the applicant: |
---|
| 177 | + | 2 (1) The applicant has: |
---|
| 178 | + | 3 (A) violated a local ordinance, a state or federal statute, or an |
---|
| 179 | + | 4 administrative rule or regulation and the violation would cause |
---|
| 180 | + | 5 the commission to determine that the applicant, a key person, |
---|
| 181 | + | 6 or a substantial owner of the applicant is not of good moral |
---|
| 182 | + | 7 character or reputation; or |
---|
| 183 | + | 8 (B) committed any other act that would negatively impact the |
---|
| 184 | + | 9 integrity of charity gaming in Indiana. |
---|
| 185 | + | 10 (2) The applicant has engaged in fraud, deceit, or |
---|
| 186 | + | 11 misrepresentation. |
---|
| 187 | + | 12 (3) The applicant has failed to provide information required by |
---|
| 188 | + | 13 this article or a rule adopted under this article. |
---|
| 189 | + | 14 (4) The applicant, or a key person, substantial owner, or |
---|
| 190 | + | 15 affiliated entity of the applicant, has engaged, either directly |
---|
| 191 | + | 16 or through an arms length transaction relationship, in |
---|
| 192 | + | 17 business operations in which any product, device, service, or |
---|
| 193 | + | 18 commodity sold or otherwise conveyed is determined to have |
---|
| 194 | + | 19 constituted illegal gambling in the state or jurisdiction in |
---|
| 195 | + | 20 which the product, device, service, or commodity was used. |
---|
| 196 | + | 21 (5) The applicant, or a key person, substantial owner, or |
---|
| 197 | + | 22 affiliated entity of the applicant, is determined to have |
---|
| 198 | + | 23 directly or indirectly benefitted financially from illegal |
---|
| 199 | + | 24 gambling in any jurisdiction. |
---|
| 200 | + | 25 (4) (6) Conduct prejudicial to public confidence in the |
---|
| 201 | + | 26 commission or for any reason deemed necessary by the |
---|
| 202 | + | 27 commission to ensure the integrity of charitable gaming in |
---|
| 203 | + | 28 Indiana. |
---|
| 204 | + | 29 (d) The commission may consider the following when |
---|
| 205 | + | 30 determining whether to deny a permit application for an applicant |
---|
| 206 | + | 31 to which subsection (c)(4) or (c)(5) applies: |
---|
| 207 | + | 32 (1) If the applicant, or the key person, substantial owner, or |
---|
| 208 | + | 33 affiliated entity of the applicant who engaged in or benefitted |
---|
| 209 | + | 34 from illegal gambling has been pardoned or had its civil rights |
---|
| 210 | + | 35 restored. |
---|
| 211 | + | 36 (2) If, since the applicant, or the key person, substantial |
---|
| 212 | + | 37 owner, or affiliated entity of the applicant engaged in or |
---|
| 213 | + | 38 benefitted from illegal gambling, the applicant has engaged in |
---|
| 214 | + | 39 the kind of law abiding commerce and good citizenship that |
---|
| 215 | + | 40 would reflect well upon the integrity of charity gaming in |
---|
| 216 | + | 41 Indiana. |
---|
| 217 | + | 42 (3) If the applicant is a firm, an association, a partnership, a |
---|
| 218 | + | 2025 IN 1433—LS 6523/DI 137 6 |
---|
| 219 | + | 1 trust, a corporation, a limited liability company, or other |
---|
| 220 | + | 2 entity, whether the applicant has terminated its relationship |
---|
| 221 | + | 3 with the key person, substantial owner, or affiliated owner of |
---|
| 222 | + | 4 the entity who engaged in or benefitted from illegal gambling. |
---|
| 223 | + | 5 SECTION 11. IC 4-32.3-4-2, AS ADDED BY P.L.188-2019, |
---|
| 224 | + | 6 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 225 | + | 7 JULY 1, 2025]: Sec. 2. The commission may deny a license or |
---|
| 226 | + | 8 reissuance of a license to an organization if the commission determines |
---|
| 227 | + | 9 that at least one (1) of the following applies with respect to the |
---|
| 228 | + | 10 organization: |
---|
| 229 | + | 11 (1) The organization has: |
---|
| 230 | + | 12 (A) violated a local ordinance, a state or federal statute, or an |
---|
| 231 | + | 13 administrative rule or regulation and the violation would cause |
---|
| 232 | + | 14 the commission to determine that the applicant, a key person, |
---|
| 233 | + | 15 or a substantial owner of the applicant is not of good moral |
---|
| 234 | + | 16 character or reputation; or |
---|
| 235 | + | 17 (B) committed any other act that would negatively affect the |
---|
| 236 | + | 18 integrity of charity gaming in Indiana. |
---|
| 237 | + | 19 (2) The organization has engaged in fraud, deceit, or |
---|
| 238 | + | 20 misrepresentation. |
---|
| 239 | + | 21 (3) The organization has failed to provide information required by |
---|
| 240 | + | 22 this article or a rule adopted under this article. |
---|
| 241 | + | 23 (4) The organization has failed to provide sufficient information |
---|
| 242 | + | 24 to enable the commission to determine that the organization is a |
---|
| 243 | + | 25 qualified organization. |
---|
| 244 | + | 26 (5) The organization intends to conduct, or has conducted, |
---|
| 245 | + | 27 electronic pull tab games but does not intend to conduct, or |
---|
| 246 | + | 28 has not conducted, paper pull tab games. |
---|
| 247 | + | 29 (5) (6) Conduct prejudicial to public confidence in the |
---|
| 248 | + | 30 commission or any reason deemed necessary by the commission |
---|
| 249 | + | 31 to ensure the integrity of charitable gaming in Indiana. |
---|
| 250 | + | 32 SECTION 12. IC 4-32.3-5-16.5 IS ADDED TO THE INDIANA |
---|
| 251 | + | 33 CODE AS A NEW SECTION TO READ AS FOLLOWS |
---|
| 252 | + | 34 [EFFECTIVE JULY 1, 2025]: Sec. 16.5. (a) Electronic pull tab |
---|
| 253 | + | 35 systems and electronic pull tab devices: |
---|
| 254 | + | 36 (1) must be approved by the commission; |
---|
| 255 | + | 37 (2) may only accept United States currency or a credit |
---|
| 256 | + | 38 voucher; and |
---|
| 257 | + | 39 (3) may not directly dispense United States currency or any |
---|
| 258 | + | 40 article or exchange of value other than a credit voucher. |
---|
| 259 | + | 41 (b) Electronic pull tab games must meet the following |
---|
| 260 | + | 42 requirements: |
---|
| 261 | + | 2025 IN 1433—LS 6523/DI 137 7 |
---|
| 262 | + | 1 (1) Each electronic pull tab game must have a predetermined |
---|
| 263 | + | 2 and designated number of tickets or cards in advance as |
---|
| 264 | + | 3 winners. |
---|
| 265 | + | 4 (2) Each electronic pull tab game series must have a |
---|
| 266 | + | 5 predetermined prize structure and fixed prize amounts. |
---|
| 267 | + | 6 (3) Each electronic pull tab game series must have a unique |
---|
| 268 | + | 7 serial number. |
---|
| 269 | + | 8 (4) Each electronic pull tab in a game series must be sold for |
---|
| 270 | + | 9 the same price. |
---|
| 271 | + | 10 (5) The reveal of the numbers or symbols on an electronic pull |
---|
| 272 | + | 11 tab ticket or card must replicate the reveal of the numbers or |
---|
| 273 | + | 12 symbols on a paper pull tab ticket or card. |
---|
| 274 | + | 13 (6) The reveal of the numbers or symbols on an electronic pull |
---|
| 275 | + | 14 tab ticket or card may be designed with an animated |
---|
| 276 | + | 15 entertainment theme, but may not include: |
---|
| 277 | + | 16 (A) spinning wheels resembling a slot machine; |
---|
| 278 | + | 17 (B) any replication of keno, blackjack, roulette, poker, |
---|
| 279 | + | 18 craps, or any other casino table game; |
---|
| 280 | + | 19 (C) any replication of horse racing; or |
---|
| 281 | + | 20 (D) any replication of any other gambling game as defined |
---|
| 282 | + | 21 in IC 4-33-2-9 and IC 4-35-2-5. |
---|
| 283 | + | 22 (7) Any extended play feature may not require additional |
---|
| 284 | + | 23 payment or award any prize other than the predetermined |
---|
| 285 | + | 24 prize associated with the initial electronic pull tab ticket or |
---|
| 286 | + | 25 card. |
---|
| 287 | + | 26 SECTION 13. IC 4-32.3-5-16.7 IS ADDED TO THE INDIANA |
---|
| 288 | + | 27 CODE AS A NEW SECTION TO READ AS FOLLOWS |
---|
| 289 | + | 28 [EFFECTIVE JULY 1, 2025]: Sec. 16.7. The number of electronic |
---|
| 290 | + | 29 pull tab devices permitted at any facility or location may not |
---|
| 291 | + | 30 exceed the following: |
---|
| 292 | + | 31 (1) In the case of a facility or location with an occupancy limit |
---|
| 293 | + | 32 of less than one hundred (100) individuals, not more than |
---|
| 294 | + | 33 three (3) electronic pull tab devices. |
---|
| 295 | + | 34 (2) In the case of a facility or location with an occupancy limit |
---|
| 296 | + | 35 of at least one hundred (100) individuals, and not more than |
---|
| 297 | + | 36 two hundred fifty (250) individuals, not more than five (5) |
---|
| 298 | + | 37 electronic pull tab devices. |
---|
| 299 | + | 38 (3) In the case of a facility or location with an occupancy limit |
---|
| 300 | + | 39 of more than two hundred fifty (250) individuals, not more |
---|
| 301 | + | 40 than seven (7) electronic pull tab devices. |
---|
| 302 | + | 41 SECTION 14. IC 4-32.3-5-23, AS AMENDED BY P.L.114-2023, |
---|
| 303 | + | 42 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 304 | + | 2025 IN 1433—LS 6523/DI 137 8 |
---|
| 305 | + | 1 JULY 1, 2025]: Sec. 23. (a) Subject to subsections (b) and (c), a |
---|
| 306 | + | 2 qualified organization may accept credit cards at an allowable activity |
---|
| 307 | + | 3 for the purchase of: |
---|
| 308 | + | 4 (1) food and beverages; |
---|
| 309 | + | 5 (2) merchandise; and |
---|
| 310 | + | 6 (3) retail goods and services offered at a benefit auction. |
---|
| 311 | + | 7 (b) Except as provided in subsections (c) and (d), a qualified |
---|
| 312 | + | 8 organization may not accept credit cards or extend credit to a player for |
---|
| 313 | + | 9 the purchase of: |
---|
| 314 | + | 10 (1) a chance to play any game of chance offered at an allowable |
---|
| 315 | + | 11 activity; or |
---|
| 316 | + | 12 (2) licensed supplies. |
---|
| 317 | + | 13 (c) A qualified organization, including a worker or volunteer ticket |
---|
| 318 | + | 14 agent assisting the qualified organization, may accept payment by |
---|
| 319 | + | 15 credit card for the purchase of a chance to enter a raffle or water race |
---|
| 320 | + | 16 at an allowable event if the payment is made face to face and not or on |
---|
| 321 | + | 17 the Internet. |
---|
| 322 | + | 18 (d) A qualified organization may accept payment by credit card for |
---|
| 323 | + | 19 the purchase of a chance to enter an allowable event if the allowable |
---|
| 324 | + | 20 event is conducted at a facility leased or owned by the capital |
---|
| 325 | + | 21 improvement board of managers created by IC 36-10-9. |
---|
| 326 | + | 22 SECTION 15. IC 4-32.3-5-24 IS ADDED TO THE INDIANA |
---|
| 327 | + | 23 CODE AS A NEW SECTION TO READ AS FOLLOWS |
---|
| 328 | + | 24 [EFFECTIVE JULY 1, 2025]: Sec. 24. (a) An electronic raffle |
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| 329 | + | 25 software system, web application, method, or process must be |
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| 330 | + | 26 approved by the commission. |
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| 331 | + | 27 (b) A qualified organization may use an electronic raffle |
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| 332 | + | 28 software system, web application, method, or process approved by |
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| 333 | + | 29 the commission to offer the purchase of a chance to win a raffle |
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| 334 | + | 30 and to determine a winner or winners of a raffle if the qualified |
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| 335 | + | 31 organization: |
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| 336 | + | 32 (1) employs a method to detect the physical location of an |
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| 337 | + | 33 individual who purchases a chance to win the raffle; |
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| 338 | + | 34 (2) employs a method to verify that an individual who |
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| 339 | + | 35 purchases a chance to win the raffle is at least eighteen (18) |
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| 340 | + | 36 years of age; and |
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| 341 | + | 37 (3) does not violate Subchapter IV of Chapter 53 of Title 31 of |
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| 342 | + | 38 the United States Code. |
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| 343 | + | 39 (c) A qualified organization may not accept payment for a |
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| 344 | + | 40 chance to win a raffle conducted under subsection (b) from an |
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| 345 | + | 41 individual who is located outside of Indiana. |
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| 346 | + | 42 (d) A qualified organization must determine the winner or |
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| 347 | + | 2025 IN 1433—LS 6523/DI 137 9 |
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| 348 | + | 1 winners of a raffle conducted under subsection (b) at a live and |
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| 349 | + | 2 in-person event. |
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| 350 | + | 3 SECTION 16. IC 4-32.3-8-1, AS ADDED BY P.L.58-2019, |
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| 351 | + | 4 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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| 352 | + | 5 JULY 1, 2025]: Sec. 1. (a) The commission may suspend or revoke the |
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| 353 | + | 6 license of or levy a civil penalty against a qualified organization, a |
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| 354 | + | 7 manufacturer, a distributor, or an individual under this article for any |
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| 355 | + | 8 of the following: |
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| 356 | + | 9 (1) Violation of: |
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| 357 | + | 10 (A) a provision of this article, IC 35-45-5-3, IC 35-45-5-3.5, |
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| 358 | + | 11 IC 35-45-5-4, or a rule of the commission; or |
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| 359 | + | 12 (B) any other local ordinance, state or federal statute, or |
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| 360 | + | 13 administrative rule or regulation that would cause the |
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| 361 | + | 14 commission to determine that the person is not of good moral |
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| 362 | + | 15 character or reputation. |
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| 363 | + | 16 (2) Failure to accurately account for a licensed supply. |
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| 364 | + | 17 (3) Failure to accurately account for sales proceeds from an event |
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| 365 | + | 18 or activity licensed or permitted under this article. |
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| 366 | + | 19 (4) Commission of a fraud, deceit, or misrepresentation. |
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| 367 | + | 20 (5) Conduct prejudicial to public confidence in the commission. |
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| 368 | + | 21 (6) Failure to ensure the integrity of charitable gaming in Indiana. |
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| 369 | + | 22 (7) Sale or lease of an electronic pull tab device or electronic |
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| 370 | + | 23 pull tab system that has not been approved by the commission |
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| 371 | + | 24 for use under this article. |
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| 372 | + | 25 (b) If a violation is of a continuing nature, the commission may |
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| 373 | + | 26 impose a civil penalty upon a licensee or an individual for each day the |
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| 374 | + | 27 violation continues. |
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| 375 | + | 28 (c) For purposes of subsection (a), a finding that a person has |
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| 376 | + | 29 violated IC 35-45-5-3, IC 35-45-5-3.5, or IC 35-45-5-4 must be |
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| 377 | + | 30 supported by a preponderance of the evidence. |
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| 378 | + | 2025 IN 1433—LS 6523/DI 137 |
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