Indiana 2025 2025 Regular Session

Indiana Senate Bill SB0108 Comm Sub / Bill

Filed 04/01/2025

                    *ES0108.1*
April 1, 2025
ENGROSSED
SENATE BILL No. 108
_____
DIGEST OF SB 108 (Updated April 1, 2025 9:50 am - DI 137)
Citations Affected:  IC 4-32.3; noncode.
Synopsis:  Charity gaming. Provides that, beginning January 1, 2026,
a facility or location may not be used for the purpose of conducting a
bingo event or a casino game night on more than three calendar days
per calendar week. Provides that a qualified organization may use the
net proceeds from an allowable activity for any lawful purpose.
Requires a qualified organization with an adjusted gross revenue with
annual gross receipts of $1,000,000 or more from casino game night
activities to submit its records for an independent audit as part of its
application for renewal. Requires a worker or operator conducting or
assisting in the conducting of a casino game night to wear an
identification card. Allows a qualified organization to conduct an
electronic raffle, subject to certain requirements.
Effective:  July 1, 2025.
Alting, Walker K, Jackson L,
Niezgodski
(HOUSE SPONSOR — MANNING)
January 8, 2025, read first time and referred to Committee on Public Policy.
February 13, 2025, amended, reported favorably — Do Pass.
February 17, 2025, read second time, amended, ordered engrossed.
February 18, 2025, engrossed. Read third time, passed. Yeas 39, nays 10.
HOUSE ACTION
March 3, 2025, read first time and referred to Committee on Public Policy.
April 1, 2025, amended, reported — Do Pass.
ES 108—LS 6478/DI 137  April 1, 2025
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
  Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in  this  style  type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
  Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2024 Regular Session of the General Assembly.
ENGROSSED
SENATE BILL No. 108
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 4-32.3-2-12, AS ADDED BY P.L.58-2019,
2 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]: Sec. 12. (a) "Casino game night" means an event in
4 which wagers are placed upon the following permitted games of chance
5 through the use of imitation money:
6 (1) A card game approved by the commission.
7 (2) A dice game approved by the commission.
8 (3) A roulette wheel approved by the commission.
9 (4) A spindle approved by the commission.
10 (b) The term does not include an event at which wagers are placed
11 upon any of the following:
12 (1) Bookmaking.
13 (2) A slot machine.
14 (3) A one-ball machine or a variant of a one-ball machine.
15 (4) A pinball machine that awards anything other than an
16 immediate and unrecorded right of replay.
17 (5) A policy or numbers game.
ES 108—LS 6478/DI 137 2
1 (6) A banking or percentage game played with cards or counters,
2 including the acceptance of a fixed share of the stakes in a game.
3 (7) An electronic pull tab game.
4 SECTION 2. IC 4-32.3-3-3, AS AMENDED BY P.L.93-2024,
5 SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6 JULY 1, 2025]: Sec. 3. The commission shall adopt rules under
7 IC 4-22-2 for the following purposes:
8 (1) Administering this article.
9 (2) Establishing the conditions under which charity gaming in
10 Indiana may be conducted, including the manner in which a
11 qualified organization may supervise a qualified card game
12 conducted under IC 4-32.3-5-11(b).
13 (3) Providing for the prevention of practices detrimental to the
14 public interest and providing for the best interests of charity
15 gaming.
16 (4) Establishing rules concerning inspection of qualified
17 organizations and the review of the licenses necessary to conduct
18 charity gaming.
19 (5) Imposing penalties for noncriminal violations of this article.
20 (6) Establishing standards for independent audits conducted under
21 IC 4-32.3-5-5(d).
22 (7) Establishing standards to receive commission approval of
23 an electronic raffle software system, web application, method,
24 or process.
25 (8) Requiring the operator or payment processor of an
26 electronic raffle software system, web application, method, or
27 process to submit to:
28 (A) certification by an independent gaming testing
29 laboratory or other testing process that the electronic
30 raffle software system, web application, method, or process
31 meets the standards for required technical specifications
32 adopted by the commission;
33 (B) age and identity verification requirements; and
34 (C) geolocation requirements.
35 SECTION 3. IC 4-32.3-4-5, AS AMENDED BY P.L.145-2021,
36 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
37 JULY 1, 2025]: Sec. 5. (a) The commission may issue an annual
38 activity license to a qualified organization if the qualified organization:
39 (1) meets the requirements of this section;
40 (2) submits an application; and
41 (3) pays a fee set by the commission under IC 4-32.3-6.
42 (b) The following information must be included in an annual
ES 108—LS 6478/DI 137 3
1 activity license:
2 (1) Whether the qualified organization is authorized to conduct
3 bingo, pull tabs, punchboards, tip boards, or raffle activities on
4 more than one (1) occasion during a one (1) year period.
5 (2) The location of the allowable activities.
6 (3) The expiration date of the license.
7 (c) A qualified organization may conduct casino game night
8 activities under an annual activity license if the requirements of
9 subsections (a) and (b) are met, and:
10 (1) the organization is a qualified veteran organization or fraternal
11 organization; and
12 (2) the annual activity license requires that a facility or location
13 may not be used for purposes of conducting an annual casino
14 game night activity on more than three (3) calendar days per
15 calendar week regardless of the number of qualified organizations
16 conducting annual casino night activities at the facility or
17 location.
18 (d) An annual activity license may be reissued annually upon the
19 submission of an application for reissuance on a form prescribed by the
20 commission after the qualified organization has paid the fee under
21 IC 4-32.3-6.
22 (e) Beginning January 1, 2026, a facility or location may not be
23 used for the purpose of conducting a bingo event or a casino game
24 night on more than three (3) calendar days per calendar week,
25 regardless of the number of qualified organizations conducting
26 allowable events at the facility or location.
27 SECTION 4. IC 4-32.3-5-3, AS AMENDED BY P.L.145-2021,
28 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
29 JULY 1, 2025]: Sec. 3. (a) All net proceeds from an allowable activity
30 and related activities may be used only for the any lawful purposes
31 purpose of the qualified organization. including the:
32 (1) repair;
33 (2) maintenance; or
34 (3) improvement;
35 of owned real property used for the lawful purposes of the qualified
36 organization.
37 (b) To determine the net proceeds from an allowable activity, a
38 qualified organization shall subtract the following from the gross
39 receipts received from the allowable activity:
40 (1) An amount equal to the total value of the prizes awarded at the
41 allowable activity.
42 (2) The sum of the purchase prices paid for licensed supplies
ES 108—LS 6478/DI 137 4
1 dispensed at the allowable activity.
2 (3) An amount equal to the qualified organization's license fees
3 attributable to the allowable activity.
4 (4) An amount equal to the advertising expenses incurred by the
5 qualified organization to promote the allowable activity.
6 (5) An amount not to exceed two hundred dollars ($200) per day
7 for rent paid for facilities leased for an allowable activity.
8 SECTION 5. IC 4-32.3-5-5, AS ADDED BY P.L.58-2019,
9 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10 JULY 1, 2025]: Sec. 5. (a) A qualified organization shall maintain and
11 submit to the commission accurate records of all financial aspects of an
12 allowable event as set forth in rules adopted by the commission under
13 IC 4-22-2. A qualified organization shall make accurate reports of all
14 financial aspects of an allowable activity to the commission within the
15 time established by the commission as set forth in rules adopted by the
16 commission under IC 4-22-2.
17 (b) Except for a candidate's committee, a convention license, and an
18 exempt event, a qualified organization shall deposit funds received
19 from an allowable activity in a separate and segregated account set up
20 for that purpose.
21 (c) A qualified organization conducting a bingo event or raffle under
22 an annual affiliate license shall deposit the funds received from each
23 activity conducted by its separate Indiana affiliates into a single
24 account maintained by a financial institution physically located in
25 Indiana. All expenses of the qualified organization with respect to an
26 allowable activity shall be paid from the separate account.
27 (d) The commission may require a qualified organization to submit
28 any records maintained under this section for an independent audit by
29 a certified public accountant selected by the commission. A qualified
30 organization must bear the cost of any audit required under this section.
31 (e) A bona fide veterans organization holding a three (3) year
32 charity gaming license issued under IC 4-32.3-4-16 must submit the
33 following to the commission before the annual anniversary date of the
34 issuance of the three (3) year charity gaming license:
35 (1) An event summary for each allowable event conducted under
36 the license.
37 (2) An annual financial report.
38 (3) An annual gross receipts report.
39 (f) Notwithstanding subsection (d), a qualified organization that:
40 (1) conducts casino game night activities; and
41 (2) has an adjusted gross revenue with annual gross receipts
42 of over one million dollars ($1,000,000) from casino game
ES 108—LS 6478/DI 137 5
1 night activities for the purpose of the license fee assessed
2 under IC 4-32.3-6-7 or IC 4-32.3-6-7.5;
3 shall submit any records maintained under this section related to
4 the year described in subdivision (2) for an independent audit by
5 a certified public accountant selected by the qualified organization.
6 A qualified organization shall submit the results of the independent
7 audit to the commission not later than ninety (90) days after the
8 qualified organization pays the license fee assessed under
9 IC 4-32.3-6-7 or IC 4-32.3-6-7.5 as part of the qualified
10 organization's application for renewal. The commission and a
11 qualified organization may agree on an extension to the deadline
12 to submit the independent audit.
13 SECTION 6. IC 4-32.3-5-23, AS AMENDED BY P.L.114-2023,
14 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15 JULY 1, 2025]: Sec. 23. (a) Subject to subsections (b) and (c), a
16 qualified organization may accept credit cards at an allowable activity
17 for the purchase of:
18 (1) food and beverages;
19 (2) merchandise; and
20 (3) retail goods and services offered at a benefit auction.
21 (b) Except as provided in subsections (c) and (d), a qualified
22 organization may not accept credit cards or extend credit to a player for
23 the purchase of:
24 (1) a chance to play any game of chance offered at an allowable
25 activity; or
26 (2) licensed supplies.
27 (c) A qualified organization, including a worker or volunteer ticket
28 agent assisting the qualified organization, may accept payment by
29 credit card for the purchase of a chance to enter a raffle or water race
30 at an allowable event if the payment is made face to face and not or on
31 the Internet.
32 (d) A qualified organization may accept payment by credit card for
33 the purchase of a chance to enter an allowable event if the allowable
34 event is conducted at a facility leased or owned by the capital
35 improvement board of managers created by IC 36-10-9.
36 SECTION 7. IC 4-32.3-5-24 IS ADDED TO THE INDIANA CODE
37 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
38 1, 2025]: Sec. 24. (a) A worker or operator conducting or assisting
39 in the conduct of a casino game night must wear a legible
40 identification card on the individual's clothing.
41 (b) The identification card required under subsection (a) must
42 include:
ES 108—LS 6478/DI 137 6
1 (1) the person's first and last name; and
2 (2) the name of the qualified organization licensed to conduct
3 the event.
4 SECTION 8. IC 4-32.3-5-24.5 IS ADDED TO THE INDIANA
5 CODE AS A NEW SECTION TO READ AS FOLLOWS
6 [EFFECTIVE JULY 1, 2025]: Sec. 24.5. (a) An electronic raffle
7 software system, web application, method, or process must be
8 approved by the commission.
9 (b) A qualified organization may use an electronic raffle
10 software system, web application, method, or process approved by
11 the commission to offer the purchase of a chance to win a raffle
12 and to determine a winner or winners of a raffle if the qualified
13 organization:
14 (1) employs a method to detect the physical location of an
15 individual who purchases a chance to win the raffle;
16 (2) employs a method to verify that an individual who
17 purchases a chance to win the raffle is at least eighteen (18)
18 years of age; and
19 (3) does not violate Subchapter IV of Chapter 53 of Title 31 of
20 the United States Code.
21 (c) A qualified organization may not accept payment for a
22 chance to win a raffle conducted under subsection (b) from an
23 individual who is located outside of Indiana.
24 (d) A qualified organization must determine the winner or
25 winners of a raffle conducted under subsection (b) at a live and
26 in-person event.
27 SECTION 9. [EFFECTIVE JULY 1, 2025] (a) 68 IAC 21-8-13 is
28 void. The publisher of the Indiana Administrative Code and
29 Indiana Register shall remove this section from the Indiana
30 Administrative Code.
31 (b) This SECTION expires July 1, 2026.
ES 108—LS 6478/DI 137 7
COMMITTEE REPORT
Mr. President: The Senate Committee on Public Policy, to which
was referred Senate Bill No. 108, has had the same under consideration
and begs leave to report the same back to the Senate with the
recommendation that said bill be AMENDED as follows:
Page 1, between the enacting clause and line 1, begin a new
paragraph and insert:
"SECTION 1. IC 4-32.3-1-3, AS ADDED BY P.L.58-2019,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 3. A bingo event, casino game night, card, dice,
and roulette games event, raffle, festival, or other charity gambling
activity is not allowed in Indiana unless it is conducted by a qualified
organization in accordance with this article.
SECTION 2. IC 4-32.3-2-2, AS ADDED BY P.L.58-2019,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 2. "Allowable event" means:
(1) a bingo event;
(2) a casino game night; card, dice, and roulette games event;
(3) a raffle;
(4) a festival;
(5) a sale of pull tabs, punchboards, or tip boards; or
(6) a gambling activity under IC 4-32.3-4-11;
conducted by a qualified organization in accordance with this article
and rules adopted by the commission under this article.
SECTION 3. IC 4-32.3-2-12, AS ADDED BY P.L.58-2019,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 12. (a) "Casino game night" "Card, dice, and
roulette games event" means an event in which wagers are placed
upon the following permitted games of chance through the use of
imitation money:
(1) A card game approved by the commission.
(2) A dice game approved by the commission.
(3) A roulette wheel approved by the commission.
(4) A spindle approved by the commission.
(b) The term does not include an event at which wagers are placed
upon any of the following:
(1) Bookmaking.
(2) A slot machine.
(3) A one-ball machine or a variant of a one-ball machine.
(4) A pinball machine that awards anything other than an
immediate and unrecorded right of replay.
ES 108—LS 6478/DI 137 8
(5) A policy or numbers game.
(6) A banking or percentage game played with cards or counters,
including the acceptance of a fixed share of the stakes in a game.
SECTION 4. IC 4-32.3-4-5, AS AMENDED BY P.L.145-2021,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 5. (a) The commission may issue an annual
activity license to a qualified organization if the qualified organization:
(1) meets the requirements of this section;
(2) submits an application; and
(3) pays a fee set by the commission under IC 4-32.3-6.
(b) The following information must be included in an annual
activity license:
(1) Whether the qualified organization is authorized to conduct
bingo, pull tabs, punchboards, tip boards, or raffle activities on
more than one (1) occasion during a one (1) year period.
(2) The location of the allowable activities.
(3) The expiration date of the license.
(c) A qualified organization may conduct casino game night card,
dice, and roulette games event activities under an annual activity
license if the requirements of subsections (a) and (b) are met, and:
(1) the organization is a qualified veteran organization or fraternal
organization; and
(2) the annual activity license requires that a facility or location
may not be used for purposes of conducting an annual casino
game night activity card, dice, and roulette games event on
more than three (3) calendar days per calendar week regardless of
the number of qualified organizations conducting annual casino
night activities at the facility or location.
(d) An annual activity license may be reissued annually upon the
submission of an application for reissuance on a form prescribed by the
commission after the qualified organization has paid the fee under
IC 4-32.3-6.
(e) Beginning January 1, 2026, a facility or location may not be
used for the purpose of conducting a bingo event or a card, dice,
and roulette games event on more than three (3) calendar days per
calendar week, regardless of the number of qualified organizations
conducting allowable events at the facility or location.
SECTION 5. IC 4-32.3-4-5.5, AS AMENDED BY P.L.145-2021,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 5.5. (a) The commission may issue an annual
activity license to a bona fide civic organization for casino game night
card, dice, and roulette games event activities if:
ES 108—LS 6478/DI 137 9
(1) the requirements of section 5(a) and 5(b) of this chapter are
met;
(2) not more than three (3) qualified organizations in the county
where the bona fide civic organization operates currently possess
an annual activity license for casino game night card, dice, and
roulette games event activities; and
(3) the bona fide civic organization owns or leases a standalone
building where the casino game night card, dice, and roulette
games event activities will be conducted.
(b) The number of bona fide civic organizations holding a license
issued under this section in a particular county may not exceed one (1).
In determining whether to grant a license under this section to a bona
fide civic organization, the commission shall consider:
(1) the character and reputation of the bona fide civic organization
in furthering its charitable purpose; and
(2) the bona fide civic organization's experience with and
compliance in casino game night card, dice, and roulette games
event activities.
If more than one (1) otherwise qualified bona fide civic organization
applies for a license under this section, the commission may award the
license based on a random drawing.
(c) A license issued under this section to a bona fide civic
organization described in subsection (a) is valid for a period of two (2)
years, subject to ongoing compliance with this article and commission
rules.
SECTION 6. IC 4-32.3-4-6, AS ADDED BY P.L.58-2019,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 6. (a) The commission may issue a single activity
license to a qualified organization if the qualified organization:
(1) submits an application; and
(2) pays the required fees under IC 4-32.3-6.
(b) A single activity license:
(1) may authorize:
(A) bingo;
(B) a casino game night; card, dice, and roulette games
event; or
(C) a raffle;
at one (1) specific time and location;
(2) must state the:
(A) date;
(B) beginning times; and
(C) ending times;
ES 108—LS 6478/DI 137 10
of the authorized single activity; and
(3) may authorize a qualified organization to sell pull tabs,
punchboards, and tip boards.
SECTION 7. IC 4-32.3-4-11, AS AMENDED BY P.L.145-2021,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 11. (a) This section applies to a gambling activity
other than a bingo event, casino game night, card, dice, and roulette
games event, festival, pull tabs, punchboards, tip boards, or raffle.
(b) The commission may issue a single activity license or an annual
activity license to conduct a gambling activity approved by the
commission to a qualified organization upon the organization's
submission of an application and payment of applicable fees under
IC 4-32.3-6.
(c) A single activity license may:
(1) authorize the qualified organization to conduct the gambling
event at only one (1) time and location; and
(2) state the date, beginning and ending times, and location of the
gambling event.
(d) An annual activity license:
(1) may authorize the qualified organization to conduct the
activity on more than one (1) occasion during a period of one (1)
year;
(2) must state the locations of the permitted activities;
(3) must state the expiration date of the license; and
(4) may be reissued annually upon the submission of an
application for reissuance on the form prescribed by the
commission and upon the qualified organization's payment of the
applicable fees under IC 4-32.3-6.
(e) The commission may impose any condition upon a qualified
organization that is issued a license to conduct a gambling activity
under this section.
SECTION 8. IC 4-32.3-4-13, AS ADDED BY P.L.58-2019,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 13. (a) The commission may hold a public hearing
to obtain input on the proposed issuance of an annual activity license
to an applicant that is applying to conduct annual bingo events or
casino game night card, dice, and roulette games event activities that
has never previously held a license to conduct such activities under this
article.
(b) A qualified organization that applies for an initial annual activity
license to conduct annual bingo events or casino game night card,
dice, and roulette games event activities shall publish notice that the
ES 108—LS 6478/DI 137 11
application has been filed by publication at least one (1) time in one (1)
newspaper in the county where the allowable activity will be
conducted.
(c) The notification required by subsection (b) must contain the
following:
(1) The name of the qualified organization and the fact that it has
applied for an annual activity license to conduct annual bingo
events or casino game night card, dice, and roulette games
event activities.
(2) The location where the activities will be held.
(3) The names of the operator and officers of the qualified
organization.
(4) A statement that any person can protest the proposed issuance
of the annual activity license.
(5) A statement that the commission shall hold a public hearing
if ten (10) written and signed protest letters are received by the
commission.
(6) The address of the commission where correspondence
concerning the application may be sent.
(d) If the commission receives at least ten (10) protest letters, the
commission shall hold a public hearing in accordance with IC 5-14-1.5.
The commission shall issue a license or deny the application not later
than sixty (60) days after the date of the public hearing.
(e) The commission may hold a public hearing for the reissuance of
an annual activity license to conduct annual bingo events or casino
game night card, dice, and roulette games event activities if at least
one (1) of the following conditions is met:
(1) An applicant has been cited for a violation of law or a rule of
the commission.
(2) The commission receives at least ten (10) protest letters
concerning the qualified organization's bingo operation.
(3) A public hearing is considered necessary by the commission.
SECTION 9. IC 4-32.3-4-16, AS ADDED BY P.L.188-2019,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 16. (a) This section applies only to a qualified
organization that is a bona fide veterans organization.
(b) The commission may issue a three (3) year charity gaming
license, for any license issued under this chapter, to a qualified
organization if:
(1) the provisions of this section are satisfied; and
(2) for each license held by the qualified organization, the
organization:
ES 108—LS 6478/DI 137 12
(A) submits a report to the commission that includes:
(i) information described in section 15(b)(1) through
15(b)(7) of this chapter;
(ii) a financial report; and
(iii) a gross receipts report; and
(B) pays the applicable fees under IC 4-32.3-6-3.
(c) A license issued under this section authorizes a qualified
organization to conduct any of the following allowable events:
(1) A bingo event.
(2) A casino game night. card, dice, and roulette games event.
(3) A raffle.
(4) A festival.
(5) A sale of pull tabs, punchboards, or tip boards.
(6) Other gambling activities authorized under section 11 of this
chapter.
(d) A license issued under this section:
(1) must state the expiration date of the license; and
(2) may be reissued after the expiration of the three (3) year
period upon the submission of an application for reissuance on the
form established by the commission and upon the licensee's
payment of a fee in the amount set by IC 4-32.3-6-7.5.".
Page 2, between lines 6 and 7, begin a new paragraph and insert:
"SECTION 11. IC 4-32.3-5-5, AS ADDED BY P.L.58-2019,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 5. (a) A qualified organization shall maintain and
submit to the commission accurate records of all financial aspects of an
allowable event as set forth in rules adopted by the commission under
IC 4-22-2. A qualified organization shall make accurate reports of all
financial aspects of an allowable activity to the commission within the
time established by the commission as set forth in rules adopted by the
commission under IC 4-22-2.
(b) Except for a candidate's committee, a convention license, and an
exempt event, a qualified organization shall deposit funds received
from an allowable activity in a separate and segregated account set up
for that purpose.
(c) A qualified organization conducting a bingo event or raffle under
an annual affiliate license shall deposit the funds received from each
activity conducted by its separate Indiana affiliates into a single
account maintained by a financial institution physically located in
Indiana. All expenses of the qualified organization with respect to an
allowable activity shall be paid from the separate account.
(d) The commission may require a qualified organization to submit
ES 108—LS 6478/DI 137 13
any records maintained under this section for an independent audit by
a certified public accountant selected by the commission. A qualified
organization must bear the cost of any audit required under this section.
(e) A bona fide veterans organization holding a three (3) year
charity gaming license issued under IC 4-32.3-4-16 must submit the
following to the commission before the annual anniversary date of the
issuance of the three (3) year charity gaming license:
(1) An event summary for each allowable event conducted under
the license.
(2) An annual financial report.
(3) An annual gross receipts report.
(f) Notwithstanding subsection (d), a qualified organization:
(1) that conducts bingo events or card, dice, and roulette
games events; and
(2) with annual gross receipts of one million dollars
($1,000,000) in at least one (1) of the two (2) years prior to the
year in which the qualified organization's charity gaming
license will expire;
shall submit any records maintained under this section for an
independent audit by a certified public accountant selected by the
qualified organization. A qualified organization shall submit the
results of the independent audit to the commission as part of the
qualified organization's application for renewal. The commission
and a qualified organization may agree on a deadline for
submission of the independent audit after the deadline for the
qualified organization's application for renewal.
SECTION 12. IC 4-32.3-5-11, AS AMENDED BY P.L.145-2021,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 11. (a) Except as provided in subsections (c)
through (e), an operator or a worker may not directly or indirectly
participate, other than in a capacity as an operator or a worker, in an
allowable activity that the operator or worker is conducting.
(b) A patron at a casino game night card, dice, and roulette games
event may deal the cards in a card game if:
(1) the card game in which the patron deals the cards is a
qualified card game;
(2) the patron deals the cards in the manner required in the
ordinary course of the qualified card game; and
(3) the qualified card game is played under the supervision of the
qualified organization conducting the casino game night card,
dice, and roulette games event in accordance with section 12 of
this chapter (in the case of a game of Texas hold'em poker or
ES 108—LS 6478/DI 137 14
Omaha poker) and any rules adopted by the commission.
A patron who deals the cards in a qualified card game conducted under
this subsection is not considered a worker or an operator for purposes
of this article.
(c) A worker at a festival event may participate as a player in any
gaming activity offered at the festival event except as follows:
(1) A worker may not participate in any game during the time in
which the worker is conducting or helping to conduct the game.
(2) A worker who conducts or helps to conduct a pull tab,
punchboard, or tip board event during a festival event may not
participate as a player in a pull tab, punchboard, or tip board
event conducted on the same calendar day.
(d) A worker at a bingo event:
(1) whose duties are limited to:
(A) selling bingo supplies;
(B) selling tickets for a raffle conducted at the bingo event; or
(C) the duties described in both clauses (A) and (B);
(2) who has completed all of the worker's duties before the start
of the first bingo game of the bingo event; and
(3) who is not engaged as a worker at any other time during the
bingo event;
may participate as a player in any gaming activity offered at the bingo
event following the completion of the worker's duties at the bingo
event.
(e) A worker at a raffle conducted by a qualified organization may
purchase a raffle ticket for a particular drawing at the raffle, subject to
the following restrictions:
(1) The worker may not purchase a raffle ticket from himself or
herself.
(2) The worker may not participate in the drawing of a winner.
SECTION 13. IC 4-32.3-5-12, AS ADDED BY P.L.58-2019,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 12. The following rules apply when a patron at a
casino game night card, dice, and roulette games event deals the
cards in a game of Texas hold'em poker or Omaha poker under section
11(b) of this chapter:
(1) Patrons may take turns dealing, but a patron may not play in
a hand for which the patron deals the cards.
(2) The dealer shall submit the deck of cards to be cut to the
nearest player to the right of the dealer.
(3) A blank card must be at the bottom of the deck of cards.
(4) The operator or a worker shall deal the cards at the final table
ES 108—LS 6478/DI 137 15
of a tournament.
SECTION 14. IC 4-32.3-5-24 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 24. (a) A worker or operator
conducting or assisting in the conduct of a:
(1) bingo event;
(2) card, dice, and roulette games event; or
(3) festival event;
must wear a legible identification card on the individual's clothing.
(b) The identification card required under subsection (a) must
include:
(1) the person's first and last name; and
(2) the name of the qualified organization licensed to conduct
the event.".
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to SB 108 as introduced.)
ALTING, Chairperson
Committee Vote: Yeas 9, Nays 0.
_____
SENATE MOTION
Mr. President: I move that Senate Bill 108 be amended to read as
follows:
Page 2, between lines 20 and 21, begin a new line block indented
and insert:
"(7) An electronic pull tab game.".
(Reference is to SB 108 as printed February 14, 2025.)
WALKER K
ES 108—LS 6478/DI 137 16
COMMITTEE REPORT
Mr. Speaker: Your Committee on Public Policy, to which was
referred Senate Bill 108, 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 1 through 17, begin a new paragraph and insert:
"SECTION 1. IC 4-32.3-2-12, AS ADDED BY P.L.58-2019,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 12. (a) "Casino game night" means an event in
which wagers are placed upon the following permitted games of chance
through the use of imitation money:
(1) A card game approved by the commission.
(2) A dice game approved by the commission.
(3) A roulette wheel approved by the commission.
(4) A spindle approved by the commission.
(b) The term does not include an event at which wagers are placed
upon any of the following:
(1) Bookmaking.
(2) A slot machine.
(3) A one-ball machine or a variant of a one-ball machine.
(4) A pinball machine that awards anything other than an
immediate and unrecorded right of replay.
(5) A policy or numbers game.
(6) A banking or percentage game played with cards or counters,
including the acceptance of a fixed share of the stakes in a game.
(7) An electronic pull tab game.
SECTION 2. IC 4-32.3-3-3, AS AMENDED BY P.L.93-2024,
SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 3. The commission shall adopt rules under
IC 4-22-2 for the following purposes:
(1) Administering this article.
(2) Establishing the conditions under which charity gaming in
Indiana may be conducted, including the manner in which a
qualified organization may supervise a qualified card game
conducted under IC 4-32.3-5-11(b).
(3) Providing for the prevention of practices detrimental to the
public interest and providing for the best interests of charity
gaming.
(4) Establishing rules concerning inspection of qualified
organizations and the review of the licenses necessary to conduct
charity gaming.
ES 108—LS 6478/DI 137 17
(5) Imposing penalties for noncriminal violations of this article.
(6) Establishing standards for independent audits conducted under
IC 4-32.3-5-5(d).
(7) Establishing standards to receive commission approval of
an electronic raffle software system, web application, method,
or process.
(8) Requiring the operator or payment processor of an
electronic raffle software system, web application, method, or
process to submit to:
(A) certification by an independent gaming testing
laboratory or other testing process that the electronic
raffle software system, web application, method, or process
meets the standards for required technical specifications
adopted by the commission;
(B) age and identity verification requirements; and
(C) geolocation requirements.
SECTION 3. IC 4-32.3-4-5, AS AMENDED BY P.L.145-2021,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 5. (a) The commission may issue an annual
activity license to a qualified organization if the qualified organization:
(1) meets the requirements of this section;
(2) submits an application; and
(3) pays a fee set by the commission under IC 4-32.3-6.
(b) The following information must be included in an annual
activity license:
(1) Whether the qualified organization is authorized to conduct
bingo, pull tabs, punchboards, tip boards, or raffle activities on
more than one (1) occasion during a one (1) year period.
(2) The location of the allowable activities.
(3) The expiration date of the license.
(c) A qualified organization may conduct casino game night
activities under an annual activity license if the requirements of
subsections (a) and (b) are met, and:
(1) the organization is a qualified veteran organization or fraternal
organization; and
(2) the annual activity license requires that a facility or location
may not be used for purposes of conducting an annual casino
game night activity on more than three (3) calendar days per
calendar week regardless of the number of qualified organizations
conducting annual casino night activities at the facility or
location.
(d) An annual activity license may be reissued annually upon the
ES 108—LS 6478/DI 137 18
submission of an application for reissuance on a form prescribed by the
commission after the qualified organization has paid the fee under
IC 4-32.3-6.
(e) Beginning January 1, 2026, a facility or location may not be
used for the purpose of conducting a bingo event or a casino game
night on more than three (3) calendar days per calendar week,
regardless of the number of qualified organizations conducting
allowable events at the facility or location.".
Delete pages 2 through 5.
Page 6, delete lines 1 through 39.
Page 8, delete lines 10 through 42, begin a new paragraph and
insert:
"(f) Notwithstanding subsection (d), a qualified organization
that:
(1) conducts casino game night activities; and
(2) has an adjusted gross revenue with annual gross receipts
of over one million dollars ($1,000,000) from casino game
night activities for the purpose of the license fee assessed
under IC 4-32.3-6-7 or IC 4-32.3-6-7.5;
shall submit any records maintained under this section related to
the year described in subdivision (2) for an independent audit by
a certified public accountant selected by the qualified organization.
A qualified organization shall submit the results of the independent
audit to the commission not later than ninety (90) days after the
qualified organization pays the license fee assessed under
IC 4-32.3-6-7 or IC 4-32.3-6-7.5 as part of the qualified
organization's application for renewal. The commission and a
qualified organization may agree on an extension to the deadline
to submit the independent audit.".
Page 9, delete lines 1 through 41, begin a new paragraph and insert:
"SECTION 6. IC 4-32.3-5-23, AS AMENDED BY P.L.114-2023,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 23. (a) Subject to subsections (b) and (c), a
qualified organization may accept credit cards at an allowable activity
for the purchase of:
(1) food and beverages;
(2) merchandise; and
(3) retail goods and services offered at a benefit auction.
(b) Except as provided in subsections (c) and (d), a qualified
organization may not accept credit cards or extend credit to a player for
the purchase of:
(1) a chance to play any game of chance offered at an allowable
ES 108—LS 6478/DI 137 19
activity; or
(2) licensed supplies.
(c) A qualified organization, including a worker or volunteer ticket
agent assisting the qualified organization, may accept payment by
credit card for the purchase of a chance to enter a raffle or water race
at an allowable event if the payment is made face to face and not or on
the Internet.
(d) A qualified organization may accept payment by credit card for
the purchase of a chance to enter an allowable event if the allowable
event is conducted at a facility leased or owned by the capital
improvement board of managers created by IC 36-10-9.".
Page 10, line 3, delete ":" and insert "casino game night".
Page 10, delete lines 4 through 6.
Page 10, run in lines 3 through 7.
Page 10, between lines 12 and 13, begin a new paragraph and insert:
"SECTION 8. IC 4-32.3-5-24.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 24.5. (a) An electronic raffle
software system, web application, method, or process must be
approved by the commission.
(b) A qualified organization may use an electronic raffle
software system, web application, method, or process approved by
the commission to offer the purchase of a chance to win a raffle
and to determine a winner or winners of a raffle if the qualified
organization:
(1) employs a method to detect the physical location of an
individual who purchases a chance to win the raffle;
(2) employs a method to verify that an individual who
purchases a chance to win the raffle is at least eighteen (18)
years of age; and
(3) does not violate Subchapter IV of Chapter 53 of Title 31 of
the United States Code.
(c) A qualified organization may not accept payment for a
chance to win a raffle conducted under subsection (b) from an
individual who is located outside of Indiana.
(d) A qualified organization must determine the winner or
winners of a raffle conducted under subsection (b) at a live and
in-person event.".
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
ES 108—LS 6478/DI 137 20
(Reference is to SB 108 as reprinted February 18, 2025.)
MANNING
Committee Vote: yeas 11, nays 0.
ES 108—LS 6478/DI 137