*HB1433.1*
January 29, 2025
HOUSE BILL No. 1433
_____
DIGEST OF HB 1433 (Updated January 29, 2025 12:46 pm - DI 144)
Citations Affected: IC 4-32.3; IC 4-36; noncode.
Synopsis: Various gaming matters. Allows for the use of the following
in charity gaming: (1) Electronic pull tab games, electronic pull tab
devices, and electronic pull tab systems. (2) An electronic raffle
software system, web application, method, or process. Allows for the
use of electronic pull tab games, electronic pull tab devices, and
electronic pull tab systems in type II gaming. Specifies requirements
and restrictions concerning electronic pull tab systems, electronic pull
tab devices, and electronic pull tab games. Provides that a qualified
organization may use the net proceeds from an allowable activity for
any lawful purpose.
Effective: July 1, 2025.
Manning, O'Brien, Judy
January 21, 2025, read first time and referred to Committee on Public Policy.
January 29, 2025, amended, reported — Do Pass. Referred to Committee on Ways and
Means pursuant to Rule 126.3.
HB 1433—LS 6523/DI 137 January 29, 2025
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2024 Regular Session of the General Assembly.
HOUSE BILL No. 1433
A BILL FOR AN ACT to amend the Indiana Code concerning
gaming.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 4-32.3-2-15.3 IS ADDED TO THE INDIANA
2 CODE AS A NEW SECTION TO READ AS FOLLOWS
3 [EFFECTIVE JULY 1, 2025]: Sec. 15.3. "Electronic pull tab device"
4 means a freestanding cabinet-style electronic device, a stationary
5 and scaled-down table top version of a cabinet-style device, or a
6 handheld mobile tablet, other than a phone or other personal
7 computing device, that is:
8 (1) used to play one (1) or more electronic pull tab games; and
9 (2) approved by the commission under IC 4-32.3-5-16.5.
10 SECTION 2. IC 4-32.3-2-15.5 IS ADDED TO THE INDIANA
11 CODE AS A NEW SECTION TO READ AS FOLLOWS
12 [EFFECTIVE JULY 1, 2025]: Sec. 15.5. "Electronic pull tab game"
13 means a unique electronic pull tab game with a unique form
14 number and a unique serial number.
15 SECTION 3. IC 4-32.3-2-15.7 IS ADDED TO THE INDIANA
16 CODE AS A NEW SECTION TO READ AS FOLLOWS
17 [EFFECTIVE JULY 1, 2025]: Sec. 15.7. "Electronic pull tab system"
HB 1433—LS 6523/DI 137 2
1 means an electronic pull tab device, an electronic pull tab game,
2 and any computer or device, including all related hardware and
3 software:
4 (1) used to facilitate the play of an electronic pull tab game;
5 and
6 (2) approved by the commission under IC 4-32.3-5-16.5.
7 SECTION 4. IC 4-32.3-2-16.5 IS ADDED TO THE INDIANA
8 CODE AS A NEW SECTION TO READ AS FOLLOWS
9 [EFFECTIVE JULY 1, 2025]: Sec. 16.5. "Flare" means the board or
10 placard, or, in the case of an electronic pull tab game, an electronic
11 representation of a board or placard, that accompanies each deal
12 of pull tabs on which the following information is printed:
13 (1) The game name.
14 (2) The manufacturer's name or distinctive logo.
15 (3) The form number.
16 (4) The ticket count.
17 (5) The prize structure.
18 (6) The cost per play.
19 (7) The game serial number.
20 SECTION 5. IC 4-32.3-2-22, AS ADDED BY P.L.58-2019,
21 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
22 JULY 1, 2025]: Sec. 22. "Licensed supply" refers to any of the
23 following:
24 (1) Bingo supplies.
25 (2) Pull tabs, including electronic pull tab devices, electronic
26 pull tab games, and electronic pull tab systems.
27 (3) Punchboards.
28 (4) Tip boards.
29 (5) Game boards, including but not limited to, raffle and coin
30 boards.
31 (6) Any other supplies, devices, or equipment designed to be used
32 in allowable activities designated by rule of the commission.
33 SECTION 6. IC 4-32.3-2-22.5 IS ADDED TO THE INDIANA
34 CODE AS A NEW SECTION TO READ AS FOLLOWS
35 [EFFECTIVE JULY 1, 2025]: Sec. 22.5. "Manually activate" means:
36 (1) touching an icon on an electronic pull tab device screen;
37 (2) pressing a button on a electronic pull tab device; or
38 (3) in the case of a visually impaired individual, performing
39 an action to initiate activity for an electronic pull tab device.
40 SECTION 7. IC 4-32.3-2-27, AS ADDED BY P.L.58-2019,
41 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
42 JULY 1, 2025]: Sec. 27. "Progressive or carryover pull tab" means a
HB 1433—LS 6523/DI 137 3
1 pull tab game played with a seal card, or, in the case of an electronic
2 pull tab game, an electronic representation of a seal card, that is
3 designed by the manufacturer to include a jackpot prize that is carried
4 over to a subsequent deal of the same form number, in the event the
5 jackpot prize is not won.
6 SECTION 8. IC 4-32.3-2-28, AS ADDED BY P.L.58-2019,
7 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8 JULY 1, 2025]: Sec. 28. "Pull tab" means either any of the following:
9 (1) A game conducted in the following manner:
10 (A) A single folded or banded ticket or a two-ply card with
11 perforated break-open tabs is bought by a player from a
12 qualified organization.
13 (B) The face of each card is initially covered or otherwise
14 hidden from view, concealing a number, letter, symbol, or set
15 of letters or symbols.
16 (C) In each set of tickets or cards, a designated number of
17 tickets or cards have been randomly designated in advance as
18 winners.
19 (D) Winners, or potential winners if the game includes the use
20 of a seal, are determined by revealing the faces of the tickets
21 or cards. The player may be required to sign the player's name
22 on numbered lines provided if a paper seal is used.
23 (E) The player with a winning pull tab ticket or numbered line
24 receives the prize stated on the flare from the qualified
25 organization. The prize must be fully and clearly described on
26 the flare.
27 (2) An electronic pull tab game played on an electronic pull
28 tab device approved by the commission under
29 IC 4-32.3-5-16.5.
30 (2) (3) Any game played in a similar fashion as a game described
31 in subdivision (1) that is approved by the commission.
32 SECTION 9. IC 4-32.3-2-34, AS ADDED BY P.L.58-2019,
33 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
34 JULY 1, 2025]: Sec. 34. "Seal card" means a board or placard, or, in
35 the case of an electronic pull tab game, an electronic representation
36 of a board or placard, used with pull tabs that contains one (1) or
37 more seals, that when removed or opened, reveals a predesignated
38 winning number, letter, symbol, or monetary denomination.
39 SECTION 10. IC 4-32.3-3-3, AS AMENDED BY P.L.93-2024,
40 SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
41 JULY 1, 2025]: Sec. 3. The commission shall adopt rules under
42 IC 4-22-2 for the following purposes:
HB 1433—LS 6523/DI 137 4
1 (1) Administering this article.
2 (2) Establishing the conditions under which charity gaming in
3 Indiana may be conducted, including the manner in which a
4 qualified organization may supervise a qualified card game
5 conducted under IC 4-32.3-5-11(b).
6 (3) Providing for the prevention of practices detrimental to the
7 public interest and providing for the best interests of charity
8 gaming.
9 (4) Establishing rules concerning inspection of qualified
10 organizations and the review of the licenses necessary to conduct
11 charity gaming.
12 (5) Imposing penalties for noncriminal violations of this article.
13 (6) Establishing standards for independent audits conducted under
14 IC 4-32.3-5-5(d).
15 (7) Establishing standards:
16 (A) for the licensing of manufacturers of;
17 (B) for required technical specifications for; and
18 (C) to receive commission approval of;
19 electronic pull tab systems.
20 (8) Requiring that:
21 (A) the manufacturer of an electronic pull tab system
22 submit, at the manufacturer's own expense, the
23 manufacturer's electronic pull tab system to an
24 independent gaming testing laboratory for testing and
25 certification as meeting the standards for required
26 technical specifications adopted by the commission; and
27 (B) an electronic pull tab system be approved by the
28 commission before the electronic pull tab system may be
29 used by a qualified organization under this article.
30 (9) Establishing standards to receive commission approval of
31 an electronic raffle software system, web application, method,
32 or process.
33 (10) Requiring the operator or payment processor of an
34 electronic raffle software system, web application, method, or
35 process to submit to:
36 (A) certification by an independent gaming testing
37 laboratory or other testing process that the electronic
38 raffle software system, web application, method, or process
39 meets the standards for required technical specifications
40 adopted by the commission;
41 (B) age and identity verification requirements; and
42 (C) geolocation requirements.
HB 1433—LS 6523/DI 137 5
1 SECTION 11. IC 4-32.3-5-3, AS AMENDED BY P.L.145-2021,
2 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]: Sec. 3. (a) All net proceeds from an allowable activity
4 and related activities may be used only for the any lawful purposes
5 purpose of the qualified organization. including the:
6 (1) repair;
7 (2) maintenance; or
8 (3) improvement;
9 of owned real property used for the lawful purposes of the qualified
10 organization.
11 (b) To determine the net proceeds from an allowable activity, a
12 qualified organization shall subtract the following from the gross
13 receipts received from the allowable activity:
14 (1) An amount equal to the total value of the prizes awarded at the
15 allowable activity.
16 (2) The sum of the purchase prices paid for licensed supplies
17 dispensed at the allowable activity.
18 (3) An amount equal to the qualified organization's license fees
19 attributable to the allowable activity.
20 (4) An amount equal to the advertising expenses incurred by the
21 qualified organization to promote the allowable activity.
22 (5) An amount not to exceed two hundred dollars ($200) per day
23 for rent paid for facilities leased for an allowable activity.
24 SECTION 12. IC 4-32.3-5-16.5 IS ADDED TO THE INDIANA
25 CODE AS A NEW SECTION TO READ AS FOLLOWS
26 [EFFECTIVE JULY 1, 2025]: Sec. 16.5. (a) Electronic pull tab
27 systems and electronic pull tab devices:
28 (1) must be approved by the commission;
29 (2) may only accept United States currency or a credit
30 voucher; and
31 (3) may not directly dispense United States currency or any
32 article or exchange of value other than a credit voucher.
33 (b) Electronic pull tab games must meet the following
34 requirements:
35 (1) Each electronic pull tab game must have a predetermined
36 and designated number of tickets or cards in advance as
37 winners.
38 (2) Each electronic pull tab game series must have a
39 predetermined prize structure and fixed prize amounts.
40 (3) Each electronic pull tab game series must have a unique
41 serial number.
42 (4) Each electronic pull tab in a game series must be sold for
HB 1433—LS 6523/DI 137 6
1 the same price.
2 (5) The reveal of the numbers or symbols on an electronic pull
3 tab ticket or card must replicate the reveal of the numbers or
4 symbols on a paper pull tab ticket or card.
5 (6) The reveal of the numbers or symbols on an electronic pull
6 tab ticket or card may be designed with an animated
7 entertainment theme, but may not include:
8 (A) spinning wheels resembling a slot machine;
9 (B) any replication of keno, blackjack, roulette, poker,
10 craps, or any other casino table game;
11 (C) any replication of horse racing; or
12 (D) any replication of any other gambling game as defined
13 in IC 4-33-2-9 and IC 4-35-2-5.
14 (7) Any extended play feature may not require additional
15 payment or award any prize other than the predetermined
16 prize associated with the initial electronic pull tab ticket or
17 card.
18 (8) Each electronic pull tab must require an individual to
19 manually activate:
20 (A) the electronic pull tab ticket; and
21 (B) each individual row and column of an electronic pull
22 tab ticket before a single row or column of symbols is
23 revealed;
24 with a separate and distinct action.
25 SECTION 13. IC 4-32.3-5-16.7 IS ADDED TO THE INDIANA
26 CODE AS A NEW SECTION TO READ AS FOLLOWS
27 [EFFECTIVE JULY 1, 2025]: Sec. 16.7. (a) The number of electronic
28 pull tab devices permitted at any facility or location may not
29 exceed the following:
30 (1) In the case of a facility or location with an occupancy limit
31 of less than one hundred (100) individuals, not more than
32 three (3) electronic pull tab devices.
33 (2) In the case of a facility or location with an occupancy limit
34 of at least one hundred (100) individuals, and not more than
35 two hundred fifty (250) individuals, not more than five (5)
36 electronic pull tab devices.
37 (3) In the case of a facility or location with an occupancy limit
38 of more than two hundred fifty (250) individuals, not more
39 than seven (7) electronic pull tab devices.
40 (b) An electronic pull tab device must conspicuously state on the
41 front exterior of the device: "If you or someone you know has a
42 gambling problem and wants help, call 1-800-9-WITH-IT.".
HB 1433—LS 6523/DI 137 7
1 (c) A qualified organization that conducts electronic pull tab
2 games must also conduct paper pull tab games.
3 SECTION 14. IC 4-32.3-5-20, AS ADDED BY P.L.58-2019,
4 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5 JULY 1, 2025]: Sec. 20. (a) Except as provided in subsection (b), a
6 qualified organization shall obtain licensed supplies from an entity
7 licensed by the commission as a distributor.
8 (b) Subsection (a) does not apply to a reusable licensed supply:
9 (1) constructed, purchased, or otherwise obtained by a qualified
10 organization before January 1, 2009; or
11 (2) borrowed at any time from another qualified organization.
12 (c) A qualified organization may pay for licensed supplies only with
13 a check drawn on or by an electronic funds transfer from the qualified
14 organization's gaming account.
15 (d) A manufacturer or distributor of an electronic pull tab
16 device may not offer an inducement to a qualified organization
17 concerning the placement and operation of electronic pull tab
18 systems and electronic pull tab games.
19 (e) A manufacturer or distributor of electronic pull tab systems
20 and electronic pull tab devices may not require a qualified
21 organization to purchase, as a condition to receive electronic pull
22 tab systems and electronic pull tab devices, the manufacturer's or
23 distributor's paper gaming products.
24 SECTION 15. IC 4-32.3-5-23, AS AMENDED BY P.L.114-2023,
25 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
26 JULY 1, 2025]: Sec. 23. (a) Subject to subsections (b) and (c), a
27 qualified organization may accept credit cards at an allowable activity
28 for the purchase of:
29 (1) food and beverages;
30 (2) merchandise; and
31 (3) retail goods and services offered at a benefit auction.
32 (b) Except as provided in subsections (c) and (d), a qualified
33 organization may not accept credit cards or extend credit to a player for
34 the purchase of:
35 (1) a chance to play any game of chance offered at an allowable
36 activity; or
37 (2) licensed supplies.
38 (c) A qualified organization, including a worker or volunteer ticket
39 agent assisting the qualified organization, may accept payment by
40 credit card for the purchase of a chance to enter a raffle or water race
41 at an allowable event if the payment is made face to face and not or on
42 the Internet.
HB 1433—LS 6523/DI 137 8
1 (d) A qualified organization may accept payment by credit card for
2 the purchase of a chance to enter an allowable event if the allowable
3 event is conducted at a facility leased or owned by the capital
4 improvement board of managers created by IC 36-10-9.
5 SECTION 16. IC 4-32.3-5-24 IS ADDED TO THE INDIANA
6 CODE AS A NEW SECTION TO READ AS FOLLOWS
7 [EFFECTIVE JULY 1, 2025]: Sec. 24. (a) An electronic raffle
8 software system, web application, method, or process must be
9 approved by the commission.
10 (b) A qualified organization may use an electronic raffle
11 software system, web application, method, or process approved by
12 the commission to offer the purchase of a chance to win a raffle
13 and to determine a winner or winners of a raffle if the qualified
14 organization:
15 (1) employs a method to detect the physical location of an
16 individual who purchases a chance to win the raffle;
17 (2) employs a method to verify that an individual who
18 purchases a chance to win the raffle is at least eighteen (18)
19 years of age; and
20 (3) does not violate Subchapter IV of Chapter 53 of Title 31 of
21 the United States Code.
22 (c) A qualified organization may not accept payment for a
23 chance to win a raffle conducted under subsection (b) from an
24 individual who is located outside of Indiana.
25 (d) A qualified organization must determine the winner or
26 winners of a raffle conducted under subsection (b) at a live and
27 in-person event.
28 SECTION 17. IC 4-32.3-8-1, AS ADDED BY P.L.58-2019,
29 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
30 JULY 1, 2025]: Sec. 1. (a) The commission may suspend or revoke the
31 license of or levy a civil penalty against a qualified organization, a
32 manufacturer, a distributor, or an individual under this article for any
33 of the following:
34 (1) Violation of:
35 (A) a provision of this article, IC 35-45-5-3, IC 35-45-5-3.5,
36 IC 35-45-5-4, or a rule of the commission; or
37 (B) any other local ordinance, state or federal statute, or
38 administrative rule or regulation that would cause the
39 commission to determine that the person is not of good moral
40 character or reputation.
41 (2) Failure to accurately account for a licensed supply.
42 (3) Failure to accurately account for sales proceeds from an event
HB 1433—LS 6523/DI 137 9
1 or activity licensed or permitted under this article.
2 (4) Commission of a fraud, deceit, or misrepresentation.
3 (5) Conduct prejudicial to public confidence in the commission.
4 (6) Failure to ensure the integrity of charitable gaming in Indiana.
5 (7) Sale, lease, or operation of an electronic pull tab device or
6 electronic pull tab system that has not been approved by the
7 commission under IC 4-32.3-5-16.5.
8 (b) If a violation is of a continuing nature, the commission may
9 impose a civil penalty upon a licensee or an individual for each day the
10 violation continues.
11 (c) For purposes of subsection (a), a finding that a person has
12 violated IC 35-45-5-3, IC 35-45-5-3.5, or IC 35-45-5-4 must be
13 supported by a preponderance of the evidence.
14 SECTION 18. IC 4-36-2-6, AS ADDED BY P.L.95-2008,
15 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16 JULY 1, 2025]: Sec. 6. "Electronic gaming device" has the meaning set
17 forth in IC 35-45-5-1. However, the term does not include an
18 electronic pull tab device as defined in section 6.5 of this chapter or
19 an electronic pull tab game as defined in section 6.7 of this chapter.
20 SECTION 19. IC 4-36-2-6.5 IS ADDED TO THE INDIANA CODE
21 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
22 1, 2025]: Sec. 6.5. "Electronic pull tab device" means a
23 freestanding cabinet-style electronic device, a stationary and
24 scaled-down table top version of a cabinet-style device, or a
25 handheld mobile tablet, other than a phone or other personal
26 computing device, that is:
27 (1) used to play one (1) or more electronic pull tab games; and
28 (2) approved by the Indiana gaming commission under
29 IC 4-32.3-5-16.5.
30 SECTION 20. IC 4-36-2-6.7 IS ADDED TO THE INDIANA CODE
31 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
32 1, 2025]: Sec. 6.7. "Electronic pull tab game" means a unique
33 electronic pull tab game with a unique form number and a unique
34 serial number.
35 SECTION 21. IC 4-36-2-6.9 IS ADDED TO THE INDIANA CODE
36 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
37 1, 2025]: Sec. 6.9. "Electronic pull tab system" means an electronic
38 pull tab device, an electronic pull tab game, and any computer or
39 device, including all related hardware and software:
40 (1) used to facilitate the play of an electronic pull tab game;
41 and
42 (2) approved by the Indiana gaming commission under
HB 1433—LS 6523/DI 137 10
1 IC 4-32.3-5-16.5.
2 SECTION 22. IC 4-36-2-7, AS ADDED BY P.L.95-2008,
3 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4 JULY 1, 2025]: Sec. 7. "Flare" means the board or placard, or, in the
5 case of an electronic pull tab game, an electronic representation of
6 a board or placard, that accompanies each deal of pull tabs on which
7 the following information is printed:
8 (1) The game name.
9 (2) The manufacturer's name or distinctive logo.
10 (3) The form number.
11 (4) The ticket count.
12 (5) The prize structure.
13 (6) The cost per play.
14 (7) The game serial number.
15 SECTION 23. IC 4-36-2-11.5 IS ADDED TO THE INDIANA
16 CODE AS A NEW SECTION TO READ AS FOLLOWS
17 [EFFECTIVE JULY 1, 2025]: Sec. 11.5. "Manually activate" means:
18 (1) touching an icon on an electronic pull tab device screen;
19 (2) pressing a button on an electronic pull tab device; or
20 (3) in the case of a visually impaired individual, performing
21 an action to initiate activity for an electronic pull tab device.
22 SECTION 24. IC 4-36-2-17.5, AS ADDED BY P.L.145-2021,
23 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
24 JULY 1, 2025]: Sec. 17.5. "Seal card" means a board or placard, or, in
25 the case of an electronic pull tab game, an electronic representation
26 of a board or placard, used with pull tabs that contains one (1) or
27 more seals that, when removed or opened, reveals a predesignated
28 winning number, letter, symbol, or monetary denomination.
29 SECTION 25. IC 4-36-2-20, AS AMENDED BY P.L.145-2021,
30 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
31 JULY 1, 2025]: Sec. 20. "Type II gambling game" means a pull tab,
32 punchboard, or tip board game approved by the Indiana gaming
33 commission for play under IC 4-32.3, including:
34 (1) raffles;
35 (2) progressive or carryover pull tab games; and
36 (3) sports-themed tip board and pull tab games approved by the
37 commission in the commission's September 16, 2019,
38 memorandum and waiver; and
39 (4) electronic pull tab games.
40 SECTION 26. IC 4-36-3-3, AS AMENDED BY P.L.93-2024,
41 SECTION 39, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
42 JULY 1, 2025]: Sec. 3. (a) The commission may adopt rules under
HB 1433—LS 6523/DI 137 11
1 IC 4-22-2 for the establishment, implementation, and operation of type
2 II gambling games and to ensure that the type II gambling operations
3 are consistently operated in a fair and honest manner.
4 (b) The commission shall adopt rules under IC 4-22-2 to
5 incorporate by reference rules adopted by the Indiana gaming
6 commission governing the approval, testing, and operation of
7 electronic pull tab devices and electronic pull tab games.
8 SECTION 27. IC 4-36-5-1, AS AMENDED BY P.L.145-2021,
9 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10 JULY 1, 2025]: Sec. 1. (a) A retailer may offer the sale of type II
11 gambling games in accordance with this article and rules adopted by
12 the commission.
13 (b) A retailer's endorsement also authorizes a retailer to conduct
14 qualified drawings:
15 (1) on the premises of the retailer's tavern; or
16 (2) on the retailer's jumbo boat.
17 (c) A qualified drawing is subject to the following rules and
18 limitations:
19 (1) The purchase price for a chance to win a prize in a qualified
20 drawing may not exceed five dollars ($5).
21 (2) This subdivision does not apply to a qualified drawing
22 conducted under subdivision (11). The total value of all prizes
23 that may be won in a particular qualified drawing may not exceed
24 three hundred dollars ($300) for any of the following:
25 (A) A daily drawing.
26 (B) A weekly drawing.
27 (C) A monthly drawing.
28 (3) A qualified drawing must be conducted in accordance with the
29 following limitations:
30 (A) Not more than one (1) daily drawing may be conducted
31 each day.
32 (B) Not more than one (1) weekly drawing may be conducted
33 each week.
34 (C) Not more than one (1) monthly drawing may be conducted
35 each month.
36 (D) Weekly drawings must be held on regular seven (7) day
37 intervals posted in the information required by subdivision (9).
38 (E) Monthly drawings must be held on regular monthly
39 intervals posted in the information required by subdivision (9).
40 A weekly or monthly drawing may be conducted on the same day
41 that a daily drawing is conducted.
42 (4) Except as otherwise provided in this section, a patron must be
HB 1433—LS 6523/DI 137 12
1 present to claim a prize awarded in a qualified drawing.
2 (5) A retailer may profit from conducting a qualified drawing.
3 (6) If no winning ticket is drawn in a qualified drawing, a retailer
4 may:
5 (A) carry the prize over to a later drawing in accordance with
6 this section; or
7 (B) continue drawing tickets until a winner is drawn.
8 (7) If a patron who purchased a winning ticket is not present to
9 claim a prize at the time of the qualified drawing, a retailer shall
10 hold the prize for the winning patron in accordance with the rules
11 of the retailer.
12 (8) In order to comply with subdivision (7), a retailer shall obtain
13 the name, address, and telephone number of each patron who
14 purchases a ticket for a qualified drawing.
15 (9) A retailer must conspicuously display the following
16 information concerning each qualified drawing conducted by the
17 retailer:
18 (A) The price of a ticket.
19 (B) The time of the drawing.
20 (C) The description and value of the prizes awarded in the
21 drawing.
22 (D) The manner in which a prize may be claimed.
23 (E) The rules of the retailer concerning the following:
24 (i) Qualified drawings in which no winning ticket is drawn.
25 (ii) The period that the retailer will hold a prize for a
26 winning patron who was not present to claim the prize at the
27 time of the qualified drawing.
28 (F) Whether:
29 (i) the retailer will retain the profits realized from
30 conducting the qualified drawing; or
31 (ii) the amount wagered on the qualified drawing will be
32 returned to the retailer's patrons in the form of prizes.
33 (10) Notwithstanding any other provision of this chapter, a
34 retailer must continue drawing tickets in a monthly drawing until
35 the retailer draws a ticket purchased by a patron who is present to
36 claim the prize.
37 (11) The following rules apply only to a qualified drawing from
38 which the retailer retains the profits:
39 (A) Cash may not be awarded to the winner of the qualified
40 drawing.
41 (B) All prizes must be in the form of merchandise other than
42 alcohol or tobacco.
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1 (C) The maximum amount of wagers that a retailer may accept
2 in the course of conducting the qualified drawing is five
3 hundred dollars ($500).
4 (d) When the winning patron is not present at the time of the
5 qualified drawing to claim a prize, the retailer shall award the prize in
6 the following manner:
7 (1) The retailer shall immediately notify the winning patron by
8 telephone that the patron's name was drawn in a qualified drawing
9 and that the patron has the time permitted by the rules of the
10 retailer, which must be at least seventy-two (72) hours, to claim
11 the prize.
12 (2) The winning patron must appear at the retailer's premises
13 within the time permitted by the rules of the retailer to claim the
14 prize in person.
15 (3) The retailer shall verify the identity of the winning patron and
16 award the prize.
17 (e) This subsection applies when the rules of a retailer require the
18 retailer to carry over a prize when no winning ticket is drawn and when
19 a winning patron fails to claim a prize in the manner required by
20 subsection (d). The retailer shall carry the prize over to a later qualified
21 drawing as follows:
22 (1) An unclaimed prize from a daily drawing must be carried over
23 to the next daily drawing.
24 (2) Subject to the prize limits set forth in subsection (c)(2), a
25 retailer may carry over a prize under subdivision (1) not more
26 than fourteen (14) times. On the fourteenth calendar day to which
27 a prize has been carried over, the retailer must continue drawing
28 tickets until the retailer draws a ticket purchased by a patron who
29 is present to claim the prize.
30 (3) An unclaimed prize from a weekly drawing must be carried
31 over to the next weekly drawing.
32 (4) Subject to the prize limits set forth in subsection (c)(2), a
33 retailer may carry over a prize under subdivision (3) not more
34 than one (1) time. On the day that the retailer conducts a weekly
35 drawing for the carried over prize, the retailer must continue
36 drawing tickets until the retailer draws a ticket purchased by a
37 patron who is present to claim the prize.
38 (f) The following apply to a retailer that carries over a prize under
39 subsection (e):
40 (1) A retailer may conduct the daily drawing regularly scheduled
41 for a calendar day occurring during the time that the retailer holds
42 a prize for a winning patron who was not present at the time of a
HB 1433—LS 6523/DI 137 14
1 qualified drawing.
2 (2) If an unclaimed prize from a daily drawing is carried over to
3 a particular date, the retailer may not conduct the regular daily
4 drawing that would otherwise be permitted under this section on
5 that date.
6 (3) If an unclaimed prize from a weekly drawing is carried over
7 to a particular date, the retailer may not conduct the regular
8 weekly drawing that would otherwise be permitted under this
9 section on that date.
10 (4) Subject to the prize limits set forth in subsection (c)(2), a
11 retailer may accept additional entries to a drawing for a carried
12 over prize.
13 (g) The following apply to a raffle drawing:
14 (1) A retailer may not retain more than twenty percent (20%) of
15 the proceeds.
16 (2) A retailer must establish and publish house rules.
17 (3) The maximum amount of prizes in a raffle game is limited to
18 thirty thousand dollars ($30,000).
19 SECTION 28. IC 4-36-5-2.5 IS ADDED TO THE INDIANA CODE
20 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
21 1, 2025]: Sec. 2.5. (a) The number of electronic pull tab devices
22 permitted on the premises of any tavern or jumbo boat may not
23 exceed the following:
24 (1) In the case of a tavern or jumbo boat with an occupancy
25 limit of not more than one hundred (100) individuals, not
26 more than three (3) electronic pull tab devices.
27 (2) In the case of a tavern or jumbo boat with an occupancy
28 limit of more than one hundred (100) individuals and not
29 more than two hundred fifty (250) individuals, not more than
30 five (5) electronic pull tab devices.
31 (3) In the case of a tavern or jumbo boat with an occupancy
32 limit of more than two hundred fifty (250) individuals, not
33 more than seven (7) electronic pull tab devices.
34 (b) An electronic pull tab device must conspicuously state on the
35 front exterior of the device: "If you or someone you know has a
36 gambling problem and wants help, call 1-800-9-WITH-IT" or the
37 telephone number set forth in 68 IAC 27-7-17.
38 SECTION 29. IC 4-36-5-3, AS AMENDED BY P.L.19-2011,
39 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
40 JULY 1, 2025]: Sec. 3. (a) A retailer must obtain a type II gambling
41 game or a ticket for a qualified drawing from a distributor licensed by
42 the commission under this article.
HB 1433—LS 6523/DI 137 15
1 (b) This subsection does not apply to the obtaining of electronic
2 pull tab devices, electronic pull tab games, or electronic pull tab
3 systems. Except as provided in subsection (c), a distributor must obtain
4 at least twenty-five percent (25%) of the type II gambling games and
5 tickets for qualified drawings purchased by the distributor from a
6 manufacturer that is domiciled in Indiana.
7 (c) The commission may excuse a distributor from the requirement
8 set forth in subsection (b) if the commission finds that at least one (1)
9 of the following conditions exists:
10 (1) No manufacturer domiciled in Indiana is licensed under this
11 article.
12 (2) No manufacturer domiciled in Indiana is in good standing
13 with the requirements of this article.
14 (3) All of the licensed manufacturers domiciled in Indiana also
15 hold distributor's licenses.
16 (d) A manufacturer or distributor of an electronic pull tab
17 device may not offer an inducement to a retailer concerning the
18 placement and operation of electronic pull tab systems and
19 electronic pull tab games.
20 (e) A manufacturer or distributor of electronic pull tab systems
21 and electronic pull tab devices may not require a retailer to
22 purchase, as a condition to receive electronic pull tab systems and
23 electronic pull tab devices, the manufacturer's or distributor's
24 paper gaming products.
25 SECTION 30. IC 4-36-5-5.5 IS ADDED TO THE INDIANA CODE
26 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
27 1, 2025]: Sec. 5.5. (a) Electronic pull tab systems and electronic pull
28 tab devices:
29 (1) must be approved by the Indiana gaming commission
30 under IC 4-32.3-5-16.5, notwithstanding IC 4-36-3-3(b);
31 (2) may only accept United States currency or a credit
32 voucher; and
33 (3) may not directly dispense United States currency or any
34 article or exchange of value other than a credit voucher.
35 (b) Electronic pull tab games must meet the following
36 requirements:
37 (1) Each electronic pull tab game must have a predetermined
38 and designated number of tickets or cards in advance as
39 winners.
40 (2) Each electronic pull tab game series must have a
41 predetermined prize structure and fixed prize amounts.
42 (3) Each electronic pull tab game series must have a unique
HB 1433—LS 6523/DI 137 16
1 serial number.
2 (4) Each electronic pull tab in a game series must be sold for
3 the same price.
4 (5) The reveal of the numbers or symbols on an electronic pull
5 tab ticket or card must replicate the reveal of the numbers or
6 symbols on a paper pull tab ticket or card.
7 (6) The reveal of the numbers or symbols on an electronic pull
8 tab ticket or card may be designed with an animated
9 entertainment theme, but may not include:
10 (A) spinning wheels resembling a slot machine;
11 (B) any replication of keno, blackjack, roulette, poker,
12 craps, or any other casino table game;
13 (C) any replication of horse racing; or
14 (D) any replication of any other gambling game as defined
15 in IC 4-33-2-9 and IC 4-35-2-5.
16 (7) Any extended play feature may not require additional
17 payment or award any prize other than the predetermined
18 prize associated with the initial electronic pull tab ticket or
19 card.
20 (8) Each electronic pull tab must require an individual to
21 manually activate:
22 (A) the electronic pull tab ticket; and
23 (B) each individual row and column of an electronic pull
24 tab ticket before a single row or column of symbols is
25 revealed;
26 with a separate and distinct action.
27 SECTION 31. IC 4-36-6-1, AS ADDED BY P.L.95-2008,
28 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
29 JULY 1, 2025]: Sec. 1. (a) The commission may suspend or revoke the
30 endorsement or license of or levy a civil penalty against a licensee for
31 any of the following:
32 (1) Violation of a provision of this article or of a rule of the
33 commission.
34 (2) Failure to accurately account for type II gambling games.
35 (3) Failure to accurately account for sales proceeds from type II
36 gambling operations.
37 (4) Commission of a fraud, deceit, or misrepresentation.
38 (5) Conduct prejudicial to public confidence in the commission.
39 (6) Sale, lease, or operation of an electronic pull tab device or
40 electronic pull tab system that has not been approved by the
41 Indiana gaming commission under IC 4-32.3-5-16.5.
42 (b) If a violation is of a continuing nature, the commission may
HB 1433—LS 6523/DI 137 17
1 impose a civil penalty on a licensee for each day the violation
2 continues.
3 SECTION 32. [EFFECTIVE JULY 1, 2025] (a) 68 IAC 21-8-13 is
4 void. The publisher of the Indiana Administrative Code and
5 Indiana Register shall remove this section from the Indiana
6 Administrative Code.
7 (b) This SECTION expires July 1, 2026.
HB 1433—LS 6523/DI 137 18
COMMITTEE REPORT
Mr. Speaker: Your Committee on Public Policy, to which was
referred House Bill 1433, has had the same under consideration and
begs leave to report the same back to the House with the
recommendation that said bill be amended as follows:
Page 1, delete lines 15 through 17, begin a new paragraph and
insert:
"SECTION 3. IC 4-32.3-2-15.7 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 15.7. "Electronic pull tab system"
means an electronic pull tab device, an electronic pull tab game,
and any computer or device, including all related hardware and
software:
(1) used to facilitate the play of an electronic pull tab game;
and
(2) approved by the commission under IC 4-32.3-5-16.5.".
Page 2, delete lines 1 through 3.
Page 2, between lines 29 and 30, begin a new paragraph and insert:
"SECTION 6. IC 4-32.3-2-22.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 22.5. "Manually activate" means:
(1) touching an icon on an electronic pull tab device screen;
(2) pressing a button on a electronic pull tab device; or
(3) in the case of a visually impaired individual, performing
an action to initiate activity for an electronic pull tab device.".
Page 4, delete lines 33 through 42.
Delete page 5.
Page 6, delete lines 1 through 31, begin a new paragraph and insert:
"SECTION 12. IC 4-32.3-5-3, AS AMENDED BY P.L.145-2021,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 3. (a) All net proceeds from an allowable activity
and related activities may be used only for the any lawful purposes
purpose of the qualified organization. including the:
(1) repair;
(2) maintenance; or
(3) improvement;
of owned real property used for the lawful purposes of the qualified
organization.
(b) To determine the net proceeds from an allowable activity, a
qualified organization shall subtract the following from the gross
receipts received from the allowable activity:
HB 1433—LS 6523/DI 137 19
(1) An amount equal to the total value of the prizes awarded at the
allowable activity.
(2) The sum of the purchase prices paid for licensed supplies
dispensed at the allowable activity.
(3) An amount equal to the qualified organization's license fees
attributable to the allowable activity.
(4) An amount equal to the advertising expenses incurred by the
qualified organization to promote the allowable activity.
(5) An amount not to exceed two hundred dollars ($200) per day
for rent paid for facilities leased for an allowable activity.".
Page 7, between lines 25 and 26, begin a new line block indented
and insert:
"(8) Each electronic pull tab must require an individual to
manually activate:
(A) the electronic pull tab ticket; and
(B) each individual row and column of an electronic pull
tab ticket before a single row or column of symbols is
revealed;
with a separate and distinct action.".
Page 7, line 28, after "16.7." insert "(a)".
Page 7, between lines 40 and 41, begin a new paragraph and insert:
"(b) An electronic pull tab device must conspicuously state on
the front exterior of the device: "If you or someone you know has
a gambling problem and wants help, call 1-800-9-WITH-IT.".
(c) A qualified organization that conducts electronic pull tab
games must also conduct paper pull tab games.
SECTION 14. IC 4-32.3-5-20, AS ADDED BY P.L.58-2019,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 20. (a) Except as provided in subsection (b), a
qualified organization shall obtain licensed supplies from an entity
licensed by the commission as a distributor.
(b) Subsection (a) does not apply to a reusable licensed supply:
(1) constructed, purchased, or otherwise obtained by a qualified
organization before January 1, 2009; or
(2) borrowed at any time from another qualified organization.
(c) A qualified organization may pay for licensed supplies only with
a check drawn on or by an electronic funds transfer from the qualified
organization's gaming account.
(d) A manufacturer or distributor of an electronic pull tab
device may not offer an inducement to a qualified organization
concerning the placement and operation of electronic pull tab
systems and electronic pull tab games.
HB 1433—LS 6523/DI 137 20
(e) A manufacturer or distributor of electronic pull tab systems
and electronic pull tab devices may not require a qualified
organization to purchase, as a condition to receive electronic pull
tab systems and electronic pull tab devices, the manufacturer's or
distributor's paper gaming products.".
Page 9, delete lines 22 through 24, begin a new line block indented
and insert:
"(7) Sale, lease, or operation of an electronic pull tab device or
electronic pull tab system that has not been approved by the
commission under IC 4-32.3-5-16.5.".
Page 9, after line 30, begin a new paragraph and insert:
"SECTION 17. IC 4-36-2-6, AS ADDED BY P.L.95-2008,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 6. "Electronic gaming device" has the meaning set
forth in IC 35-45-5-1. However, the term does not include an
electronic pull tab device as defined in section 6.5 of this chapter or
an electronic pull tab game as defined in section 6.7 of this chapter.
SECTION 18. IC 4-36-2-6.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2025]: Sec. 6.5. "Electronic pull tab device" means a
freestanding cabinet-style electronic device, a stationary and
scaled-down table top version of a cabinet-style device, or a
handheld mobile tablet, other than a phone or other personal
computing device, that is:
(1) used to play one (1) or more electronic pull tab games; and
(2) approved by the Indiana gaming commission under
IC 4-32.3-5-16.5.
SECTION 19. IC 4-36-2-6.7 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2025]: Sec. 6.7. "Electronic pull tab game" means a unique
electronic pull tab game with a unique form number and a unique
serial number.
SECTION 20. IC 4-36-2-6.9 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2025]: Sec. 6.9. "Electronic pull tab system" means an electronic
pull tab device, an electronic pull tab game, and any computer or
device, including all related hardware and software:
(1) used to facilitate the play of an electronic pull tab game;
and
(2) approved by the Indiana gaming commission under
IC 4-32.3-5-16.5.
SECTION 21. IC 4-36-2-7, AS ADDED BY P.L.95-2008,
HB 1433—LS 6523/DI 137 21
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 7. "Flare" means the board or placard, or, in the
case of an electronic pull tab game, an electronic representation of
a board or placard, that accompanies each deal of pull tabs on which
the following information is printed:
(1) The game name.
(2) The manufacturer's name or distinctive logo.
(3) The form number.
(4) The ticket count.
(5) The prize structure.
(6) The cost per play.
(7) The game serial number.
SECTION 22. IC 4-36-2-11.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 11.5. "Manually activate" means:
(1) touching an icon on an electronic pull tab device screen;
(2) pressing a button on an electronic pull tab device; or
(3) in the case of a visually impaired individual, performing
an action to initiate activity for an electronic pull tab device.
SECTION 22. IC 4-36-2-17.5, AS ADDED BY P.L.145-2021,
SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 17.5. "Seal card" means a board or placard, or, in
the case of an electronic pull tab game, an electronic representation
of a board or placard, used with pull tabs that contains one (1) or
more seals that, when removed or opened, reveals a predesignated
winning number, letter, symbol, or monetary denomination.
SECTION 23. IC 4-36-2-20, AS AMENDED BY P.L.145-2021,
SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 20. "Type II gambling game" means a pull tab,
punchboard, or tip board game approved by the Indiana gaming
commission for play under IC 4-32.3, including:
(1) raffles;
(2) progressive or carryover pull tab games; and
(3) sports-themed tip board and pull tab games approved by the
commission in the commission's September 16, 2019,
memorandum and waiver; and
(4) electronic pull tab games.
SECTION 24. IC 4-36-3-3, AS AMENDED BY P.L.93-2024,
SECTION 39, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 3. (a) The commission may adopt rules under
IC 4-22-2 for the establishment, implementation, and operation of type
II gambling games and to ensure that the type II gambling operations
HB 1433—LS 6523/DI 137 22
are consistently operated in a fair and honest manner.
(b) The commission shall adopt rules under IC 4-22-2 to
incorporate by reference rules adopted by the Indiana gaming
commission governing the approval, testing, and operation of
electronic pull tab devices and electronic pull tab games.
SECTION 25. IC 4-36-5-1, AS AMENDED BY P.L.145-2021,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1. (a) A retailer may offer the sale of type II
gambling games in accordance with this article and rules adopted by
the commission.
(b) A retailer's endorsement also authorizes a retailer to conduct
qualified drawings:
(1) on the premises of the retailer's tavern; or
(2) on the retailer's jumbo boat.
(c) A qualified drawing is subject to the following rules and
limitations:
(1) The purchase price for a chance to win a prize in a qualified
drawing may not exceed five dollars ($5).
(2) This subdivision does not apply to a qualified drawing
conducted under subdivision (11). The total value of all prizes
that may be won in a particular qualified drawing may not exceed
three hundred dollars ($300) for any of the following:
(A) A daily drawing.
(B) A weekly drawing.
(C) A monthly drawing.
(3) A qualified drawing must be conducted in accordance with the
following limitations:
(A) Not more than one (1) daily drawing may be conducted
each day.
(B) Not more than one (1) weekly drawing may be conducted
each week.
(C) Not more than one (1) monthly drawing may be conducted
each month.
(D) Weekly drawings must be held on regular seven (7) day
intervals posted in the information required by subdivision (9).
(E) Monthly drawings must be held on regular monthly
intervals posted in the information required by subdivision (9).
A weekly or monthly drawing may be conducted on the same day
that a daily drawing is conducted.
(4) Except as otherwise provided in this section, a patron must be
present to claim a prize awarded in a qualified drawing.
(5) A retailer may profit from conducting a qualified drawing.
HB 1433—LS 6523/DI 137 23
(6) If no winning ticket is drawn in a qualified drawing, a retailer
may:
(A) carry the prize over to a later drawing in accordance with
this section; or
(B) continue drawing tickets until a winner is drawn.
(7) If a patron who purchased a winning ticket is not present to
claim a prize at the time of the qualified drawing, a retailer shall
hold the prize for the winning patron in accordance with the rules
of the retailer.
(8) In order to comply with subdivision (7), a retailer shall obtain
the name, address, and telephone number of each patron who
purchases a ticket for a qualified drawing.
(9) A retailer must conspicuously display the following
information concerning each qualified drawing conducted by the
retailer:
(A) The price of a ticket.
(B) The time of the drawing.
(C) The description and value of the prizes awarded in the
drawing.
(D) The manner in which a prize may be claimed.
(E) The rules of the retailer concerning the following:
(i) Qualified drawings in which no winning ticket is drawn.
(ii) The period that the retailer will hold a prize for a
winning patron who was not present to claim the prize at the
time of the qualified drawing.
(F) Whether:
(i) the retailer will retain the profits realized from
conducting the qualified drawing; or
(ii) the amount wagered on the qualified drawing will be
returned to the retailer's patrons in the form of prizes.
(10) Notwithstanding any other provision of this chapter, a
retailer must continue drawing tickets in a monthly drawing until
the retailer draws a ticket purchased by a patron who is present to
claim the prize.
(11) The following rules apply only to a qualified drawing from
which the retailer retains the profits:
(A) Cash may not be awarded to the winner of the qualified
drawing.
(B) All prizes must be in the form of merchandise other than
alcohol or tobacco.
(C) The maximum amount of wagers that a retailer may accept
in the course of conducting the qualified drawing is five
HB 1433—LS 6523/DI 137 24
hundred dollars ($500).
(d) When the winning patron is not present at the time of the
qualified drawing to claim a prize, the retailer shall award the prize in
the following manner:
(1) The retailer shall immediately notify the winning patron by
telephone that the patron's name was drawn in a qualified drawing
and that the patron has the time permitted by the rules of the
retailer, which must be at least seventy-two (72) hours, to claim
the prize.
(2) The winning patron must appear at the retailer's premises
within the time permitted by the rules of the retailer to claim the
prize in person.
(3) The retailer shall verify the identity of the winning patron and
award the prize.
(e) This subsection applies when the rules of a retailer require the
retailer to carry over a prize when no winning ticket is drawn and when
a winning patron fails to claim a prize in the manner required by
subsection (d). The retailer shall carry the prize over to a later qualified
drawing as follows:
(1) An unclaimed prize from a daily drawing must be carried over
to the next daily drawing.
(2) Subject to the prize limits set forth in subsection (c)(2), a
retailer may carry over a prize under subdivision (1) not more
than fourteen (14) times. On the fourteenth calendar day to which
a prize has been carried over, the retailer must continue drawing
tickets until the retailer draws a ticket purchased by a patron who
is present to claim the prize.
(3) An unclaimed prize from a weekly drawing must be carried
over to the next weekly drawing.
(4) Subject to the prize limits set forth in subsection (c)(2), a
retailer may carry over a prize under subdivision (3) not more
than one (1) time. On the day that the retailer conducts a weekly
drawing for the carried over prize, the retailer must continue
drawing tickets until the retailer draws a ticket purchased by a
patron who is present to claim the prize.
(f) The following apply to a retailer that carries over a prize under
subsection (e):
(1) A retailer may conduct the daily drawing regularly scheduled
for a calendar day occurring during the time that the retailer holds
a prize for a winning patron who was not present at the time of a
qualified drawing.
(2) If an unclaimed prize from a daily drawing is carried over to
HB 1433—LS 6523/DI 137 25
a particular date, the retailer may not conduct the regular daily
drawing that would otherwise be permitted under this section on
that date.
(3) If an unclaimed prize from a weekly drawing is carried over
to a particular date, the retailer may not conduct the regular
weekly drawing that would otherwise be permitted under this
section on that date.
(4) Subject to the prize limits set forth in subsection (c)(2), a
retailer may accept additional entries to a drawing for a carried
over prize.
(g) The following apply to a raffle drawing:
(1) A retailer may not retain more than twenty percent (20%) of
the proceeds.
(2) A retailer must establish and publish house rules.
(3) The maximum amount of prizes in a raffle game is limited to
thirty thousand dollars ($30,000).
SECTION 26. IC 4-36-5-2.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2025]: Sec. 2.5. (a) The number of electronic pull tab devices
permitted on the premises of any tavern or jumbo boat may not
exceed the following:
(1) In the case of a tavern or jumbo boat with an occupancy
limit of not more than one hundred (100) individuals, not
more than three (3) electronic pull tab devices.
(2) In the case of a tavern or jumbo boat with an occupancy
limit of more than one hundred (100) individuals and not
more than two hundred fifty (250) individuals, not more than
five (5) electronic pull tab devices.
(3) In the case of a tavern or jumbo boat with an occupancy
limit of more than two hundred fifty (250) individuals, not
more than seven (7) electronic pull tab devices.
(b) An electronic pull tab device must conspicuously state on the
front exterior of the device: "If you or someone you know has a
gambling problem and wants help, call 1-800-9-WITH-IT" or the
telephone number set forth in 68 IAC 27-7-17.
SECTION 27. IC 4-36-5-3, AS AMENDED BY P.L.19-2011,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 3. (a) A retailer must obtain a type II gambling
game or a ticket for a qualified drawing from a distributor licensed by
the commission under this article.
(b) This subsection does not apply to the obtaining of electronic
pull tab devices, electronic pull tab games, or electronic pull tab
HB 1433—LS 6523/DI 137 26
systems. Except as provided in subsection (c), a distributor must obtain
at least twenty-five percent (25%) of the type II gambling games and
tickets for qualified drawings purchased by the distributor from a
manufacturer that is domiciled in Indiana.
(c) The commission may excuse a distributor from the requirement
set forth in subsection (b) if the commission finds that at least one (1)
of the following conditions exists:
(1) No manufacturer domiciled in Indiana is licensed under this
article.
(2) No manufacturer domiciled in Indiana is in good standing
with the requirements of this article.
(3) All of the licensed manufacturers domiciled in Indiana also
hold distributor's licenses.
(d) A manufacturer or distributor of an electronic pull tab
device may not offer an inducement to a retailer concerning the
placement and operation of electronic pull tab systems and
electronic pull tab games.
(e) A manufacturer or distributor of electronic pull tab systems
and electronic pull tab devices may not require a retailer to
purchase, as a condition to receive electronic pull tab systems and
electronic pull tab devices, the manufacturer's or distributor's
paper gaming products.
SECTION 29. IC 4-36-5-5.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2025]: Sec. 5.5. (a) Electronic pull tab systems and electronic pull
tab devices:
(1) must be approved by the Indiana gaming commission
under IC 4-32.3-5-16.5, notwithstanding IC 4-36-3-3(b);
(2) may only accept United States currency or a credit
voucher; and
(3) may not directly dispense United States currency or any
article or exchange of value other than a credit voucher.
(b) Electronic pull tab games must meet the following
requirements:
(1) Each electronic pull tab game must have a predetermined
and designated number of tickets or cards in advance as
winners.
(2) Each electronic pull tab game series must have a
predetermined prize structure and fixed prize amounts.
(3) Each electronic pull tab game series must have a unique
serial number.
(4) Each electronic pull tab in a game series must be sold for
HB 1433—LS 6523/DI 137 27
the same price.
(5) The reveal of the numbers or symbols on an electronic pull
tab ticket or card must replicate the reveal of the numbers or
symbols on a paper pull tab ticket or card.
(6) The reveal of the numbers or symbols on an electronic pull
tab ticket or card may be designed with an animated
entertainment theme, but may not include:
(A) spinning wheels resembling a slot machine;
(B) any replication of keno, blackjack, roulette, poker,
craps, or any other casino table game;
(C) any replication of horse racing; or
(D) any replication of any other gambling game as defined
in IC 4-33-2-9 and IC 4-35-2-5.
(7) Any extended play feature may not require additional
payment or award any prize other than the predetermined
prize associated with the initial electronic pull tab ticket or
card.
(8) Each electronic pull tab must require an individual to
manually activate:
(A) the electronic pull tab ticket; and
(B) each individual row and column of an electronic pull
tab ticket before a single row or column of symbols is
revealed;
with a separate and distinct action.
SECTION 28. IC 4-36-6-1, AS ADDED BY P.L.95-2008,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1. (a) The commission may suspend or revoke the
endorsement or license of or levy a civil penalty against a licensee for
any of the following:
(1) Violation of a provision of this article or of a rule of the
commission.
(2) Failure to accurately account for type II gambling games.
(3) Failure to accurately account for sales proceeds from type II
gambling operations.
(4) Commission of a fraud, deceit, or misrepresentation.
(5) Conduct prejudicial to public confidence in the commission.
(6) Sale, lease, or operation of an electronic pull tab device or
electronic pull tab system that has not been approved by the
Indiana gaming commission under IC 4-32.3-5-16.5.
(b) If a violation is of a continuing nature, the commission may
impose a civil penalty on a licensee for each day the violation
continues.
HB 1433—LS 6523/DI 137 28
SECTION 18. [EFFECTIVE JULY 1, 2025] (a) 68 IAC 21-8-13 is
void. The publisher of the Indiana Administrative Code and
Indiana Register shall remove this section from the Indiana
Administrative Code.
(b) This SECTION expires July 1, 2026.".
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to HB 1433 as introduced.)
MANNING
Committee Vote: yeas 13, nays 0.
HB 1433—LS 6523/DI 137