14 | | - | SECTION 1. IC 4-32.3-2-12, AS ADDED BY P.L.58-2019, |
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| 47 | + | 1 SECTION 1. IC 4-32.3-2-12, AS ADDED BY P.L.58-2019, |
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| 48 | + | 2 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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| 49 | + | 3 JULY 1, 2025]: Sec. 12. (a) "Casino game night" means an event in |
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| 50 | + | 4 which wagers are placed upon the following permitted games of chance |
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| 51 | + | 5 through the use of imitation money: |
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| 52 | + | 6 (1) A card game approved by the commission. |
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| 53 | + | 7 (2) A dice game approved by the commission. |
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| 54 | + | 8 (3) A roulette wheel approved by the commission. |
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| 55 | + | 9 (4) A spindle approved by the commission. |
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| 56 | + | 10 (b) The term does not include an event at which wagers are placed |
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| 57 | + | 11 upon any of the following: |
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| 58 | + | 12 (1) Bookmaking. |
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| 59 | + | 13 (2) A slot machine. |
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| 60 | + | 14 (3) A one-ball machine or a variant of a one-ball machine. |
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| 61 | + | 15 (4) A pinball machine that awards anything other than an |
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| 62 | + | 16 immediate and unrecorded right of replay. |
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| 63 | + | 17 (5) A policy or numbers game. |
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| 64 | + | ES 108—LS 6478/DI 137 2 |
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| 65 | + | 1 (6) A banking or percentage game played with cards or counters, |
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| 66 | + | 2 including the acceptance of a fixed share of the stakes in a game. |
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| 67 | + | 3 (7) An electronic pull tab game. |
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| 68 | + | 4 SECTION 2. IC 4-32.3-3-3, AS AMENDED BY P.L.93-2024, |
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| 69 | + | 5 SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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| 70 | + | 6 JULY 1, 2025]: Sec. 3. The commission shall adopt rules under |
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| 71 | + | 7 IC 4-22-2 for the following purposes: |
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| 72 | + | 8 (1) Administering this article. |
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| 73 | + | 9 (2) Establishing the conditions under which charity gaming in |
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| 74 | + | 10 Indiana may be conducted, including the manner in which a |
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| 75 | + | 11 qualified organization may supervise a qualified card game |
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| 76 | + | 12 conducted under IC 4-32.3-5-11(b). |
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| 77 | + | 13 (3) Providing for the prevention of practices detrimental to the |
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| 78 | + | 14 public interest and providing for the best interests of charity |
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| 79 | + | 15 gaming. |
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| 80 | + | 16 (4) Establishing rules concerning inspection of qualified |
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| 81 | + | 17 organizations and the review of the licenses necessary to conduct |
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| 82 | + | 18 charity gaming. |
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| 83 | + | 19 (5) Imposing penalties for noncriminal violations of this article. |
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| 84 | + | 20 (6) Establishing standards for independent audits conducted under |
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| 85 | + | 21 IC 4-32.3-5-5(d). |
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| 86 | + | 22 (7) Establishing standards to receive commission approval of |
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| 87 | + | 23 an electronic raffle software system, web application, method, |
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| 88 | + | 24 or process. |
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| 89 | + | 25 (8) Requiring the operator or payment processor of an |
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| 90 | + | 26 electronic raffle software system, web application, method, or |
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| 91 | + | 27 process to submit to: |
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| 92 | + | 28 (A) certification by an independent gaming testing |
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| 93 | + | 29 laboratory or other testing process that the electronic |
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| 94 | + | 30 raffle software system, web application, method, or process |
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| 95 | + | 31 meets the standards for required technical specifications |
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| 96 | + | 32 adopted by the commission; |
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| 97 | + | 33 (B) age and identity verification requirements; and |
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| 98 | + | 34 (C) geolocation requirements. |
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| 99 | + | 35 SECTION 3. IC 4-32.3-4-5, AS AMENDED BY P.L.145-2021, |
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| 100 | + | 36 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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| 101 | + | 37 JULY 1, 2025]: Sec. 5. (a) The commission may issue an annual |
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| 102 | + | 38 activity license to a qualified organization if the qualified organization: |
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| 103 | + | 39 (1) meets the requirements of this section; |
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| 104 | + | 40 (2) submits an application; and |
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| 105 | + | 41 (3) pays a fee set by the commission under IC 4-32.3-6. |
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| 106 | + | 42 (b) The following information must be included in an annual |
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| 107 | + | ES 108—LS 6478/DI 137 3 |
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| 108 | + | 1 activity license: |
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| 109 | + | 2 (1) Whether the qualified organization is authorized to conduct |
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| 110 | + | 3 bingo, pull tabs, punchboards, tip boards, or raffle activities on |
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| 111 | + | 4 more than one (1) occasion during a one (1) year period. |
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| 112 | + | 5 (2) The location of the allowable activities. |
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| 113 | + | 6 (3) The expiration date of the license. |
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| 114 | + | 7 (c) A qualified organization may conduct casino game night |
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| 115 | + | 8 activities under an annual activity license if the requirements of |
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| 116 | + | 9 subsections (a) and (b) are met, and: |
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| 117 | + | 10 (1) the organization is a qualified veteran organization or fraternal |
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| 118 | + | 11 organization; and |
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| 119 | + | 12 (2) the annual activity license requires that a facility or location |
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| 120 | + | 13 may not be used for purposes of conducting an annual casino |
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| 121 | + | 14 game night activity on more than three (3) calendar days per |
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| 122 | + | 15 calendar week regardless of the number of qualified organizations |
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| 123 | + | 16 conducting annual casino night activities at the facility or |
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| 124 | + | 17 location. |
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| 125 | + | 18 (d) An annual activity license may be reissued annually upon the |
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| 126 | + | 19 submission of an application for reissuance on a form prescribed by the |
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| 127 | + | 20 commission after the qualified organization has paid the fee under |
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| 128 | + | 21 IC 4-32.3-6. |
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| 129 | + | 22 (e) Beginning January 1, 2026, a facility or location may not be |
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| 130 | + | 23 used for the purpose of conducting a bingo event or a casino game |
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| 131 | + | 24 night on more than three (3) calendar days per calendar week, |
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| 132 | + | 25 regardless of the number of qualified organizations conducting |
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| 133 | + | 26 allowable events at the facility or location. |
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| 134 | + | 27 SECTION 4. IC 4-32.3-5-3, AS AMENDED BY P.L.145-2021, |
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| 135 | + | 28 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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| 136 | + | 29 JULY 1, 2025]: Sec. 3. (a) All net proceeds from an allowable activity |
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| 137 | + | 30 and related activities may be used only for the any lawful purposes |
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| 138 | + | 31 purpose of the qualified organization. including the: |
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| 139 | + | 32 (1) repair; |
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| 140 | + | 33 (2) maintenance; or |
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| 141 | + | 34 (3) improvement; |
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| 142 | + | 35 of owned real property used for the lawful purposes of the qualified |
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| 143 | + | 36 organization. |
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| 144 | + | 37 (b) To determine the net proceeds from an allowable activity, a |
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| 145 | + | 38 qualified organization shall subtract the following from the gross |
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| 146 | + | 39 receipts received from the allowable activity: |
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| 147 | + | 40 (1) An amount equal to the total value of the prizes awarded at the |
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| 148 | + | 41 allowable activity. |
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| 149 | + | 42 (2) The sum of the purchase prices paid for licensed supplies |
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| 150 | + | ES 108—LS 6478/DI 137 4 |
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| 151 | + | 1 dispensed at the allowable activity. |
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| 152 | + | 2 (3) An amount equal to the qualified organization's license fees |
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| 153 | + | 3 attributable to the allowable activity. |
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| 154 | + | 4 (4) An amount equal to the advertising expenses incurred by the |
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| 155 | + | 5 qualified organization to promote the allowable activity. |
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| 156 | + | 6 (5) An amount not to exceed two hundred dollars ($200) per day |
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| 157 | + | 7 for rent paid for facilities leased for an allowable activity. |
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| 158 | + | 8 SECTION 5. IC 4-32.3-5-5, AS ADDED BY P.L.58-2019, |
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| 159 | + | 9 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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| 160 | + | 10 JULY 1, 2025]: Sec. 5. (a) A qualified organization shall maintain and |
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| 161 | + | 11 submit to the commission accurate records of all financial aspects of an |
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| 162 | + | 12 allowable event as set forth in rules adopted by the commission under |
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| 163 | + | 13 IC 4-22-2. A qualified organization shall make accurate reports of all |
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| 164 | + | 14 financial aspects of an allowable activity to the commission within the |
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| 165 | + | 15 time established by the commission as set forth in rules adopted by the |
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| 166 | + | 16 commission under IC 4-22-2. |
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| 167 | + | 17 (b) Except for a candidate's committee, a convention license, and an |
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| 168 | + | 18 exempt event, a qualified organization shall deposit funds received |
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| 169 | + | 19 from an allowable activity in a separate and segregated account set up |
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| 170 | + | 20 for that purpose. |
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| 171 | + | 21 (c) A qualified organization conducting a bingo event or raffle under |
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| 172 | + | 22 an annual affiliate license shall deposit the funds received from each |
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| 173 | + | 23 activity conducted by its separate Indiana affiliates into a single |
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| 174 | + | 24 account maintained by a financial institution physically located in |
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| 175 | + | 25 Indiana. All expenses of the qualified organization with respect to an |
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| 176 | + | 26 allowable activity shall be paid from the separate account. |
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| 177 | + | 27 (d) The commission may require a qualified organization to submit |
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| 178 | + | 28 any records maintained under this section for an independent audit by |
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| 179 | + | 29 a certified public accountant selected by the commission. A qualified |
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| 180 | + | 30 organization must bear the cost of any audit required under this section. |
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| 181 | + | 31 (e) A bona fide veterans organization holding a three (3) year |
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| 182 | + | 32 charity gaming license issued under IC 4-32.3-4-16 must submit the |
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| 183 | + | 33 following to the commission before the annual anniversary date of the |
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| 184 | + | 34 issuance of the three (3) year charity gaming license: |
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| 185 | + | 35 (1) An event summary for each allowable event conducted under |
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| 186 | + | 36 the license. |
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| 187 | + | 37 (2) An annual financial report. |
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| 188 | + | 38 (3) An annual gross receipts report. |
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| 189 | + | 39 (f) Notwithstanding subsection (d), a qualified organization that: |
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| 190 | + | 40 (1) conducts casino game night activities; and |
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| 191 | + | 41 (2) has an adjusted gross revenue with annual gross receipts |
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| 192 | + | 42 of over one million dollars ($1,000,000) from casino game |
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| 193 | + | ES 108—LS 6478/DI 137 5 |
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| 194 | + | 1 night activities for the purpose of the license fee assessed |
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| 195 | + | 2 under IC 4-32.3-6-7 or IC 4-32.3-6-7.5; |
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| 196 | + | 3 shall submit any records maintained under this section related to |
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| 197 | + | 4 the year described in subdivision (2) for an independent audit by |
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| 198 | + | 5 a certified public accountant selected by the qualified organization. |
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| 199 | + | 6 A qualified organization shall submit the results of the independent |
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| 200 | + | 7 audit to the commission not later than ninety (90) days after the |
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| 201 | + | 8 qualified organization pays the license fee assessed under |
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| 202 | + | 9 IC 4-32.3-6-7 or IC 4-32.3-6-7.5 as part of the qualified |
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| 203 | + | 10 organization's application for renewal. The commission and a |
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| 204 | + | 11 qualified organization may agree on an extension to the deadline |
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| 205 | + | 12 to submit the independent audit. |
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| 206 | + | 13 SECTION 6. IC 4-32.3-5-23, AS AMENDED BY P.L.114-2023, |
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| 207 | + | 14 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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| 208 | + | 15 JULY 1, 2025]: Sec. 23. (a) Subject to subsections (b) and (c), a |
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| 209 | + | 16 qualified organization may accept credit cards at an allowable activity |
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| 210 | + | 17 for the purchase of: |
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| 211 | + | 18 (1) food and beverages; |
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| 212 | + | 19 (2) merchandise; and |
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| 213 | + | 20 (3) retail goods and services offered at a benefit auction. |
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| 214 | + | 21 (b) Except as provided in subsections (c) and (d), a qualified |
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| 215 | + | 22 organization may not accept credit cards or extend credit to a player for |
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| 216 | + | 23 the purchase of: |
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| 217 | + | 24 (1) a chance to play any game of chance offered at an allowable |
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| 218 | + | 25 activity; or |
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| 219 | + | 26 (2) licensed supplies. |
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| 220 | + | 27 (c) A qualified organization, including a worker or volunteer ticket |
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| 221 | + | 28 agent assisting the qualified organization, may accept payment by |
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| 222 | + | 29 credit card for the purchase of a chance to enter a raffle or water race |
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| 223 | + | 30 at an allowable event if the payment is made face to face and not or on |
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| 224 | + | 31 the Internet. |
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| 225 | + | 32 (d) A qualified organization may accept payment by credit card for |
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| 226 | + | 33 the purchase of a chance to enter an allowable event if the allowable |
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| 227 | + | 34 event is conducted at a facility leased or owned by the capital |
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| 228 | + | 35 improvement board of managers created by IC 36-10-9. |
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| 229 | + | 36 SECTION 7. IC 4-32.3-5-24 IS ADDED TO THE INDIANA CODE |
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| 230 | + | 37 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
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| 231 | + | 38 1, 2025]: Sec. 24. (a) A worker or operator conducting or assisting |
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| 232 | + | 39 in the conduct of a casino game night must wear a legible |
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| 233 | + | 40 identification card on the individual's clothing. |
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| 234 | + | 41 (b) The identification card required under subsection (a) must |
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| 235 | + | 42 include: |
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| 236 | + | ES 108—LS 6478/DI 137 6 |
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| 237 | + | 1 (1) the person's first and last name; and |
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| 238 | + | 2 (2) the name of the qualified organization licensed to conduct |
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| 239 | + | 3 the event. |
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| 240 | + | 4 SECTION 8. IC 4-32.3-5-24.5 IS ADDED TO THE INDIANA |
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| 241 | + | 5 CODE AS A NEW SECTION TO READ AS FOLLOWS |
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| 242 | + | 6 [EFFECTIVE JULY 1, 2025]: Sec. 24.5. (a) An electronic raffle |
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| 243 | + | 7 software system, web application, method, or process must be |
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| 244 | + | 8 approved by the commission. |
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| 245 | + | 9 (b) A qualified organization may use an electronic raffle |
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| 246 | + | 10 software system, web application, method, or process approved by |
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| 247 | + | 11 the commission to offer the purchase of a chance to win a raffle |
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| 248 | + | 12 and to determine a winner or winners of a raffle if the qualified |
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| 249 | + | 13 organization: |
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| 250 | + | 14 (1) employs a method to detect the physical location of an |
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| 251 | + | 15 individual who purchases a chance to win the raffle; |
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| 252 | + | 16 (2) employs a method to verify that an individual who |
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| 253 | + | 17 purchases a chance to win the raffle is at least eighteen (18) |
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| 254 | + | 18 years of age; and |
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| 255 | + | 19 (3) does not violate Subchapter IV of Chapter 53 of Title 31 of |
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| 256 | + | 20 the United States Code. |
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| 257 | + | 21 (c) A qualified organization may not accept payment for a |
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| 258 | + | 22 chance to win a raffle conducted under subsection (b) from an |
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| 259 | + | 23 individual who is located outside of Indiana. |
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| 260 | + | 24 (d) A qualified organization must determine the winner or |
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| 261 | + | 25 winners of a raffle conducted under subsection (b) at a live and |
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| 262 | + | 26 in-person event. |
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| 263 | + | 27 SECTION 9. [EFFECTIVE JULY 1, 2025] (a) 68 IAC 21-8-13 is |
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| 264 | + | 28 void. The publisher of the Indiana Administrative Code and |
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| 265 | + | 29 Indiana Register shall remove this section from the Indiana |
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| 266 | + | 30 Administrative Code. |
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| 267 | + | 31 (b) This SECTION expires July 1, 2026. |
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| 268 | + | ES 108—LS 6478/DI 137 7 |
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| 269 | + | COMMITTEE REPORT |
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| 270 | + | Mr. President: The Senate Committee on Public Policy, to which |
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| 271 | + | was referred Senate Bill No. 108, has had the same under consideration |
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| 272 | + | and begs leave to report the same back to the Senate with the |
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| 273 | + | recommendation that said bill be AMENDED as follows: |
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| 274 | + | Page 1, between the enacting clause and line 1, begin a new |
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| 275 | + | paragraph and insert: |
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| 276 | + | "SECTION 1. IC 4-32.3-1-3, AS ADDED BY P.L.58-2019, |
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| 277 | + | SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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| 278 | + | JULY 1, 2025]: Sec. 3. A bingo event, casino game night, card, dice, |
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| 279 | + | and roulette games event, raffle, festival, or other charity gambling |
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| 280 | + | activity is not allowed in Indiana unless it is conducted by a qualified |
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| 281 | + | organization in accordance with this article. |
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| 282 | + | SECTION 2. IC 4-32.3-2-2, AS ADDED BY P.L.58-2019, |
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| 283 | + | SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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| 284 | + | JULY 1, 2025]: Sec. 2. "Allowable event" means: |
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| 285 | + | (1) a bingo event; |
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| 286 | + | (2) a casino game night; card, dice, and roulette games event; |
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| 287 | + | (3) a raffle; |
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| 288 | + | (4) a festival; |
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| 289 | + | (5) a sale of pull tabs, punchboards, or tip boards; or |
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| 290 | + | (6) a gambling activity under IC 4-32.3-4-11; |
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| 291 | + | conducted by a qualified organization in accordance with this article |
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| 292 | + | and rules adopted by the commission under this article. |
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| 293 | + | SECTION 3. IC 4-32.3-2-12, AS ADDED BY P.L.58-2019, |
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| 294 | + | SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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| 295 | + | JULY 1, 2025]: Sec. 12. (a) "Casino game night" "Card, dice, and |
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| 296 | + | roulette games event" means an event in which wagers are placed |
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| 297 | + | upon the following permitted games of chance through the use of |
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| 298 | + | imitation money: |
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| 299 | + | (1) A card game approved by the commission. |
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| 300 | + | (2) A dice game approved by the commission. |
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| 301 | + | (3) A roulette wheel approved by the commission. |
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| 302 | + | (4) A spindle approved by the commission. |
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| 303 | + | (b) The term does not include an event at which wagers are placed |
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| 304 | + | upon any of the following: |
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| 305 | + | (1) Bookmaking. |
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| 306 | + | (2) A slot machine. |
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| 307 | + | (3) A one-ball machine or a variant of a one-ball machine. |
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| 308 | + | (4) A pinball machine that awards anything other than an |
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| 309 | + | immediate and unrecorded right of replay. |
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| 310 | + | ES 108—LS 6478/DI 137 8 |
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| 311 | + | (5) A policy or numbers game. |
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| 312 | + | (6) A banking or percentage game played with cards or counters, |
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| 313 | + | including the acceptance of a fixed share of the stakes in a game. |
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| 314 | + | SECTION 4. IC 4-32.3-4-5, AS AMENDED BY P.L.145-2021, |
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| 315 | + | SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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| 316 | + | JULY 1, 2025]: Sec. 5. (a) The commission may issue an annual |
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| 317 | + | activity license to a qualified organization if the qualified organization: |
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| 318 | + | (1) meets the requirements of this section; |
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| 319 | + | (2) submits an application; and |
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| 320 | + | (3) pays a fee set by the commission under IC 4-32.3-6. |
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| 321 | + | (b) The following information must be included in an annual |
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| 322 | + | activity license: |
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| 323 | + | (1) Whether the qualified organization is authorized to conduct |
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| 324 | + | bingo, pull tabs, punchboards, tip boards, or raffle activities on |
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| 325 | + | more than one (1) occasion during a one (1) year period. |
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| 326 | + | (2) The location of the allowable activities. |
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| 327 | + | (3) The expiration date of the license. |
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| 328 | + | (c) A qualified organization may conduct casino game night card, |
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| 329 | + | dice, and roulette games event activities under an annual activity |
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| 330 | + | license if the requirements of subsections (a) and (b) are met, and: |
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| 331 | + | (1) the organization is a qualified veteran organization or fraternal |
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| 332 | + | organization; and |
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| 333 | + | (2) the annual activity license requires that a facility or location |
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| 334 | + | may not be used for purposes of conducting an annual casino |
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| 335 | + | game night activity card, dice, and roulette games event on |
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| 336 | + | more than three (3) calendar days per calendar week regardless of |
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| 337 | + | the number of qualified organizations conducting annual casino |
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| 338 | + | night activities at the facility or location. |
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| 339 | + | (d) An annual activity license may be reissued annually upon the |
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| 340 | + | submission of an application for reissuance on a form prescribed by the |
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| 341 | + | commission after the qualified organization has paid the fee under |
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| 342 | + | IC 4-32.3-6. |
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| 343 | + | (e) Beginning January 1, 2026, a facility or location may not be |
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| 344 | + | used for the purpose of conducting a bingo event or a card, dice, |
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| 345 | + | and roulette games event on more than three (3) calendar days per |
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| 346 | + | calendar week, regardless of the number of qualified organizations |
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| 347 | + | conducting allowable events at the facility or location. |
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| 348 | + | SECTION 5. IC 4-32.3-4-5.5, AS AMENDED BY P.L.145-2021, |
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| 349 | + | SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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| 350 | + | JULY 1, 2025]: Sec. 5.5. (a) The commission may issue an annual |
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| 351 | + | activity license to a bona fide civic organization for casino game night |
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| 352 | + | card, dice, and roulette games event activities if: |
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| 353 | + | ES 108—LS 6478/DI 137 9 |
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| 354 | + | (1) the requirements of section 5(a) and 5(b) of this chapter are |
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| 355 | + | met; |
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| 356 | + | (2) not more than three (3) qualified organizations in the county |
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| 357 | + | where the bona fide civic organization operates currently possess |
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| 358 | + | an annual activity license for casino game night card, dice, and |
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| 359 | + | roulette games event activities; and |
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| 360 | + | (3) the bona fide civic organization owns or leases a standalone |
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| 361 | + | building where the casino game night card, dice, and roulette |
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| 362 | + | games event activities will be conducted. |
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| 363 | + | (b) The number of bona fide civic organizations holding a license |
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| 364 | + | issued under this section in a particular county may not exceed one (1). |
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| 365 | + | In determining whether to grant a license under this section to a bona |
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| 366 | + | fide civic organization, the commission shall consider: |
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| 367 | + | (1) the character and reputation of the bona fide civic organization |
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| 368 | + | in furthering its charitable purpose; and |
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| 369 | + | (2) the bona fide civic organization's experience with and |
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| 370 | + | compliance in casino game night card, dice, and roulette games |
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| 371 | + | event activities. |
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| 372 | + | If more than one (1) otherwise qualified bona fide civic organization |
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| 373 | + | applies for a license under this section, the commission may award the |
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| 374 | + | license based on a random drawing. |
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| 375 | + | (c) A license issued under this section to a bona fide civic |
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| 376 | + | organization described in subsection (a) is valid for a period of two (2) |
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| 377 | + | years, subject to ongoing compliance with this article and commission |
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| 378 | + | rules. |
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| 379 | + | SECTION 6. IC 4-32.3-4-6, AS ADDED BY P.L.58-2019, |
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| 380 | + | SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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| 381 | + | JULY 1, 2025]: Sec. 6. (a) The commission may issue a single activity |
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| 382 | + | license to a qualified organization if the qualified organization: |
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| 383 | + | (1) submits an application; and |
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| 384 | + | (2) pays the required fees under IC 4-32.3-6. |
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| 385 | + | (b) A single activity license: |
---|
| 386 | + | (1) may authorize: |
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| 387 | + | (A) bingo; |
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| 388 | + | (B) a casino game night; card, dice, and roulette games |
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| 389 | + | event; or |
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| 390 | + | (C) a raffle; |
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| 391 | + | at one (1) specific time and location; |
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| 392 | + | (2) must state the: |
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| 393 | + | (A) date; |
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| 394 | + | (B) beginning times; and |
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| 395 | + | (C) ending times; |
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| 396 | + | ES 108—LS 6478/DI 137 10 |
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| 397 | + | of the authorized single activity; and |
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| 398 | + | (3) may authorize a qualified organization to sell pull tabs, |
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| 399 | + | punchboards, and tip boards. |
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| 400 | + | SECTION 7. IC 4-32.3-4-11, AS AMENDED BY P.L.145-2021, |
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| 401 | + | SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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| 402 | + | JULY 1, 2025]: Sec. 11. (a) This section applies to a gambling activity |
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| 403 | + | other than a bingo event, casino game night, card, dice, and roulette |
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| 404 | + | games event, festival, pull tabs, punchboards, tip boards, or raffle. |
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| 405 | + | (b) The commission may issue a single activity license or an annual |
---|
| 406 | + | activity license to conduct a gambling activity approved by the |
---|
| 407 | + | commission to a qualified organization upon the organization's |
---|
| 408 | + | submission of an application and payment of applicable fees under |
---|
| 409 | + | IC 4-32.3-6. |
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| 410 | + | (c) A single activity license may: |
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| 411 | + | (1) authorize the qualified organization to conduct the gambling |
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| 412 | + | event at only one (1) time and location; and |
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| 413 | + | (2) state the date, beginning and ending times, and location of the |
---|
| 414 | + | gambling event. |
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| 415 | + | (d) An annual activity license: |
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| 416 | + | (1) may authorize the qualified organization to conduct the |
---|
| 417 | + | activity on more than one (1) occasion during a period of one (1) |
---|
| 418 | + | year; |
---|
| 419 | + | (2) must state the locations of the permitted activities; |
---|
| 420 | + | (3) must state the expiration date of the license; and |
---|
| 421 | + | (4) may be reissued annually upon the submission of an |
---|
| 422 | + | application for reissuance on the form prescribed by the |
---|
| 423 | + | commission and upon the qualified organization's payment of the |
---|
| 424 | + | applicable fees under IC 4-32.3-6. |
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| 425 | + | (e) The commission may impose any condition upon a qualified |
---|
| 426 | + | organization that is issued a license to conduct a gambling activity |
---|
| 427 | + | under this section. |
---|
| 428 | + | SECTION 8. IC 4-32.3-4-13, AS ADDED BY P.L.58-2019, |
---|
| 429 | + | SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 430 | + | JULY 1, 2025]: Sec. 13. (a) The commission may hold a public hearing |
---|
| 431 | + | to obtain input on the proposed issuance of an annual activity license |
---|
| 432 | + | to an applicant that is applying to conduct annual bingo events or |
---|
| 433 | + | casino game night card, dice, and roulette games event activities that |
---|
| 434 | + | has never previously held a license to conduct such activities under this |
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| 435 | + | article. |
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| 436 | + | (b) A qualified organization that applies for an initial annual activity |
---|
| 437 | + | license to conduct annual bingo events or casino game night card, |
---|
| 438 | + | dice, and roulette games event activities shall publish notice that the |
---|
| 439 | + | ES 108—LS 6478/DI 137 11 |
---|
| 440 | + | application has been filed by publication at least one (1) time in one (1) |
---|
| 441 | + | newspaper in the county where the allowable activity will be |
---|
| 442 | + | conducted. |
---|
| 443 | + | (c) The notification required by subsection (b) must contain the |
---|
| 444 | + | following: |
---|
| 445 | + | (1) The name of the qualified organization and the fact that it has |
---|
| 446 | + | applied for an annual activity license to conduct annual bingo |
---|
| 447 | + | events or casino game night card, dice, and roulette games |
---|
| 448 | + | event activities. |
---|
| 449 | + | (2) The location where the activities will be held. |
---|
| 450 | + | (3) The names of the operator and officers of the qualified |
---|
| 451 | + | organization. |
---|
| 452 | + | (4) A statement that any person can protest the proposed issuance |
---|
| 453 | + | of the annual activity license. |
---|
| 454 | + | (5) A statement that the commission shall hold a public hearing |
---|
| 455 | + | if ten (10) written and signed protest letters are received by the |
---|
| 456 | + | commission. |
---|
| 457 | + | (6) The address of the commission where correspondence |
---|
| 458 | + | concerning the application may be sent. |
---|
| 459 | + | (d) If the commission receives at least ten (10) protest letters, the |
---|
| 460 | + | commission shall hold a public hearing in accordance with IC 5-14-1.5. |
---|
| 461 | + | The commission shall issue a license or deny the application not later |
---|
| 462 | + | than sixty (60) days after the date of the public hearing. |
---|
| 463 | + | (e) The commission may hold a public hearing for the reissuance of |
---|
| 464 | + | an annual activity license to conduct annual bingo events or casino |
---|
| 465 | + | game night card, dice, and roulette games event activities if at least |
---|
| 466 | + | one (1) of the following conditions is met: |
---|
| 467 | + | (1) An applicant has been cited for a violation of law or a rule of |
---|
| 468 | + | the commission. |
---|
| 469 | + | (2) The commission receives at least ten (10) protest letters |
---|
| 470 | + | concerning the qualified organization's bingo operation. |
---|
| 471 | + | (3) A public hearing is considered necessary by the commission. |
---|
| 472 | + | SECTION 9. IC 4-32.3-4-16, AS ADDED BY P.L.188-2019, |
---|
| 473 | + | SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 474 | + | JULY 1, 2025]: Sec. 16. (a) This section applies only to a qualified |
---|
| 475 | + | organization that is a bona fide veterans organization. |
---|
| 476 | + | (b) The commission may issue a three (3) year charity gaming |
---|
| 477 | + | license, for any license issued under this chapter, to a qualified |
---|
| 478 | + | organization if: |
---|
| 479 | + | (1) the provisions of this section are satisfied; and |
---|
| 480 | + | (2) for each license held by the qualified organization, the |
---|
| 481 | + | organization: |
---|
| 482 | + | ES 108—LS 6478/DI 137 12 |
---|
| 483 | + | (A) submits a report to the commission that includes: |
---|
| 484 | + | (i) information described in section 15(b)(1) through |
---|
| 485 | + | 15(b)(7) of this chapter; |
---|
| 486 | + | (ii) a financial report; and |
---|
| 487 | + | (iii) a gross receipts report; and |
---|
| 488 | + | (B) pays the applicable fees under IC 4-32.3-6-3. |
---|
| 489 | + | (c) A license issued under this section authorizes a qualified |
---|
| 490 | + | organization to conduct any of the following allowable events: |
---|
| 491 | + | (1) A bingo event. |
---|
| 492 | + | (2) A casino game night. card, dice, and roulette games event. |
---|
| 493 | + | (3) A raffle. |
---|
| 494 | + | (4) A festival. |
---|
| 495 | + | (5) A sale of pull tabs, punchboards, or tip boards. |
---|
| 496 | + | (6) Other gambling activities authorized under section 11 of this |
---|
| 497 | + | chapter. |
---|
| 498 | + | (d) A license issued under this section: |
---|
| 499 | + | (1) must state the expiration date of the license; and |
---|
| 500 | + | (2) may be reissued after the expiration of the three (3) year |
---|
| 501 | + | period upon the submission of an application for reissuance on the |
---|
| 502 | + | form established by the commission and upon the licensee's |
---|
| 503 | + | payment of a fee in the amount set by IC 4-32.3-6-7.5.". |
---|
| 504 | + | Page 2, between lines 6 and 7, begin a new paragraph and insert: |
---|
| 505 | + | "SECTION 11. IC 4-32.3-5-5, AS ADDED BY P.L.58-2019, |
---|
| 506 | + | SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 507 | + | JULY 1, 2025]: Sec. 5. (a) A qualified organization shall maintain and |
---|
| 508 | + | submit to the commission accurate records of all financial aspects of an |
---|
| 509 | + | allowable event as set forth in rules adopted by the commission under |
---|
| 510 | + | IC 4-22-2. A qualified organization shall make accurate reports of all |
---|
| 511 | + | financial aspects of an allowable activity to the commission within the |
---|
| 512 | + | time established by the commission as set forth in rules adopted by the |
---|
| 513 | + | commission under IC 4-22-2. |
---|
| 514 | + | (b) Except for a candidate's committee, a convention license, and an |
---|
| 515 | + | exempt event, a qualified organization shall deposit funds received |
---|
| 516 | + | from an allowable activity in a separate and segregated account set up |
---|
| 517 | + | for that purpose. |
---|
| 518 | + | (c) A qualified organization conducting a bingo event or raffle under |
---|
| 519 | + | an annual affiliate license shall deposit the funds received from each |
---|
| 520 | + | activity conducted by its separate Indiana affiliates into a single |
---|
| 521 | + | account maintained by a financial institution physically located in |
---|
| 522 | + | Indiana. All expenses of the qualified organization with respect to an |
---|
| 523 | + | allowable activity shall be paid from the separate account. |
---|
| 524 | + | (d) The commission may require a qualified organization to submit |
---|
| 525 | + | ES 108—LS 6478/DI 137 13 |
---|
| 526 | + | any records maintained under this section for an independent audit by |
---|
| 527 | + | a certified public accountant selected by the commission. A qualified |
---|
| 528 | + | organization must bear the cost of any audit required under this section. |
---|
| 529 | + | (e) A bona fide veterans organization holding a three (3) year |
---|
| 530 | + | charity gaming license issued under IC 4-32.3-4-16 must submit the |
---|
| 531 | + | following to the commission before the annual anniversary date of the |
---|
| 532 | + | issuance of the three (3) year charity gaming license: |
---|
| 533 | + | (1) An event summary for each allowable event conducted under |
---|
| 534 | + | the license. |
---|
| 535 | + | (2) An annual financial report. |
---|
| 536 | + | (3) An annual gross receipts report. |
---|
| 537 | + | (f) Notwithstanding subsection (d), a qualified organization: |
---|
| 538 | + | (1) that conducts bingo events or card, dice, and roulette |
---|
| 539 | + | games events; and |
---|
| 540 | + | (2) with annual gross receipts of one million dollars |
---|
| 541 | + | ($1,000,000) in at least one (1) of the two (2) years prior to the |
---|
| 542 | + | year in which the qualified organization's charity gaming |
---|
| 543 | + | license will expire; |
---|
| 544 | + | shall submit any records maintained under this section for an |
---|
| 545 | + | independent audit by a certified public accountant selected by the |
---|
| 546 | + | qualified organization. A qualified organization shall submit the |
---|
| 547 | + | results of the independent audit to the commission as part of the |
---|
| 548 | + | qualified organization's application for renewal. The commission |
---|
| 549 | + | and a qualified organization may agree on a deadline for |
---|
| 550 | + | submission of the independent audit after the deadline for the |
---|
| 551 | + | qualified organization's application for renewal. |
---|
| 552 | + | SECTION 12. IC 4-32.3-5-11, AS AMENDED BY P.L.145-2021, |
---|
| 553 | + | SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 554 | + | JULY 1, 2025]: Sec. 11. (a) Except as provided in subsections (c) |
---|
| 555 | + | through (e), an operator or a worker may not directly or indirectly |
---|
| 556 | + | participate, other than in a capacity as an operator or a worker, in an |
---|
| 557 | + | allowable activity that the operator or worker is conducting. |
---|
| 558 | + | (b) A patron at a casino game night card, dice, and roulette games |
---|
| 559 | + | event may deal the cards in a card game if: |
---|
| 560 | + | (1) the card game in which the patron deals the cards is a |
---|
| 561 | + | qualified card game; |
---|
| 562 | + | (2) the patron deals the cards in the manner required in the |
---|
| 563 | + | ordinary course of the qualified card game; and |
---|
| 564 | + | (3) the qualified card game is played under the supervision of the |
---|
| 565 | + | qualified organization conducting the casino game night card, |
---|
| 566 | + | dice, and roulette games event in accordance with section 12 of |
---|
| 567 | + | this chapter (in the case of a game of Texas hold'em poker or |
---|
| 568 | + | ES 108—LS 6478/DI 137 14 |
---|
| 569 | + | Omaha poker) and any rules adopted by the commission. |
---|
| 570 | + | A patron who deals the cards in a qualified card game conducted under |
---|
| 571 | + | this subsection is not considered a worker or an operator for purposes |
---|
| 572 | + | of this article. |
---|
| 573 | + | (c) A worker at a festival event may participate as a player in any |
---|
| 574 | + | gaming activity offered at the festival event except as follows: |
---|
| 575 | + | (1) A worker may not participate in any game during the time in |
---|
| 576 | + | which the worker is conducting or helping to conduct the game. |
---|
| 577 | + | (2) A worker who conducts or helps to conduct a pull tab, |
---|
| 578 | + | punchboard, or tip board event during a festival event may not |
---|
| 579 | + | participate as a player in a pull tab, punchboard, or tip board |
---|
| 580 | + | event conducted on the same calendar day. |
---|
| 581 | + | (d) A worker at a bingo event: |
---|
| 582 | + | (1) whose duties are limited to: |
---|
| 583 | + | (A) selling bingo supplies; |
---|
| 584 | + | (B) selling tickets for a raffle conducted at the bingo event; or |
---|
| 585 | + | (C) the duties described in both clauses (A) and (B); |
---|
| 586 | + | (2) who has completed all of the worker's duties before the start |
---|
| 587 | + | of the first bingo game of the bingo event; and |
---|
| 588 | + | (3) who is not engaged as a worker at any other time during the |
---|
| 589 | + | bingo event; |
---|
| 590 | + | may participate as a player in any gaming activity offered at the bingo |
---|
| 591 | + | event following the completion of the worker's duties at the bingo |
---|
| 592 | + | event. |
---|
| 593 | + | (e) A worker at a raffle conducted by a qualified organization may |
---|
| 594 | + | purchase a raffle ticket for a particular drawing at the raffle, subject to |
---|
| 595 | + | the following restrictions: |
---|
| 596 | + | (1) The worker may not purchase a raffle ticket from himself or |
---|
| 597 | + | herself. |
---|
| 598 | + | (2) The worker may not participate in the drawing of a winner. |
---|
| 599 | + | SECTION 13. IC 4-32.3-5-12, AS ADDED BY P.L.58-2019, |
---|
| 600 | + | SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 601 | + | JULY 1, 2025]: Sec. 12. The following rules apply when a patron at a |
---|
| 602 | + | casino game night card, dice, and roulette games event deals the |
---|
| 603 | + | cards in a game of Texas hold'em poker or Omaha poker under section |
---|
| 604 | + | 11(b) of this chapter: |
---|
| 605 | + | (1) Patrons may take turns dealing, but a patron may not play in |
---|
| 606 | + | a hand for which the patron deals the cards. |
---|
| 607 | + | (2) The dealer shall submit the deck of cards to be cut to the |
---|
| 608 | + | nearest player to the right of the dealer. |
---|
| 609 | + | (3) A blank card must be at the bottom of the deck of cards. |
---|
| 610 | + | (4) The operator or a worker shall deal the cards at the final table |
---|
| 611 | + | ES 108—LS 6478/DI 137 15 |
---|
| 612 | + | of a tournament. |
---|
| 613 | + | SECTION 14. IC 4-32.3-5-24 IS ADDED TO THE INDIANA |
---|
| 614 | + | CODE AS A NEW SECTION TO READ AS FOLLOWS |
---|
| 615 | + | [EFFECTIVE JULY 1, 2025]: Sec. 24. (a) A worker or operator |
---|
| 616 | + | conducting or assisting in the conduct of a: |
---|
| 617 | + | (1) bingo event; |
---|
| 618 | + | (2) card, dice, and roulette games event; or |
---|
| 619 | + | (3) festival event; |
---|
| 620 | + | must wear a legible identification card on the individual's clothing. |
---|
| 621 | + | (b) The identification card required under subsection (a) must |
---|
| 622 | + | include: |
---|
| 623 | + | (1) the person's first and last name; and |
---|
| 624 | + | (2) the name of the qualified organization licensed to conduct |
---|
| 625 | + | the event.". |
---|
| 626 | + | Renumber all SECTIONS consecutively. |
---|
| 627 | + | and when so amended that said bill do pass. |
---|
| 628 | + | (Reference is to SB 108 as introduced.) |
---|
| 629 | + | ALTING, Chairperson |
---|
| 630 | + | Committee Vote: Yeas 9, Nays 0. |
---|
| 631 | + | _____ |
---|
| 632 | + | SENATE MOTION |
---|
| 633 | + | Mr. President: I move that Senate Bill 108 be amended to read as |
---|
| 634 | + | follows: |
---|
| 635 | + | Page 2, between lines 20 and 21, begin a new line block indented |
---|
| 636 | + | and insert: |
---|
| 637 | + | "(7) An electronic pull tab game.". |
---|
| 638 | + | (Reference is to SB 108 as printed February 14, 2025.) |
---|
| 639 | + | WALKER K |
---|
| 640 | + | ES 108—LS 6478/DI 137 16 |
---|
| 641 | + | COMMITTEE REPORT |
---|
| 642 | + | Mr. Speaker: Your Committee on Public Policy, to which was |
---|
| 643 | + | referred Senate Bill 108, has had the same under consideration and |
---|
| 644 | + | begs leave to report the same back to the House with the |
---|
| 645 | + | recommendation that said bill be amended as follows: |
---|
| 646 | + | Page 1, delete lines 1 through 17, begin a new paragraph and insert: |
---|
| 647 | + | "SECTION 1. IC 4-32.3-2-12, AS ADDED BY P.L.58-2019, |
---|