Indiana 2025 Regular Session

Indiana Senate Bill SB0108 Latest Draft

Bill / Enrolled Version Filed 04/16/2025

                            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.
SENATE ENROLLED ACT No. 108
AN ACT to amend the Indiana Code concerning gaming.
Be it enacted by the General Assembly of the State of Indiana:
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
SEA 108 — Concur 2
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.
(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.
SEA 108 — Concur 3
(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
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.
SECTION 4. IC 4-32.3-5-3, AS AMENDED BY P.L.145-2021,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 3. (a) All net proceeds from an allowable activity
and related activities may be used only for the any lawful purposes
purpose of the qualified organization. including the:
(1) repair;
(2) maintenance; or
(3) improvement;
of owned real property used for the lawful purposes of the qualified
organization.
(b) To determine the net proceeds from an allowable activity, a
qualified organization shall subtract the following from the gross
receipts received from the allowable activity:
(1) An amount equal to the total value of the prizes awarded at the
allowable activity.
(2) The sum of the purchase prices paid for licensed supplies
dispensed at the allowable activity.
(3) An amount equal to the qualified organization's license fees
attributable to the allowable activity.
(4) An amount equal to the advertising expenses incurred by the
qualified organization to promote the allowable activity.
SEA 108 — Concur 4
(5) An amount not to exceed two hundred dollars ($200) per day
for rent paid for facilities leased for an allowable activity.
SECTION 5. 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
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 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.
SEA 108 — Concur 5
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.
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
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.
SECTION 7. 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 casino game night 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.
SECTION 8. IC 4-32.3-5-24.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
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[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.
SECTION 9. [EFFECTIVE JULY 1, 2025] (a) 68 IAC 21-8-13 is
void. The publisher of the Indiana Administrative Code and
Indiana Register shall remove this section from the Indiana
Administrative Code.
(b) This SECTION expires July 1, 2026.
SEA 108 — Concur President of the Senate
President Pro Tempore
Speaker of the House of Representatives
Governor of the State of Indiana
Date: 	Time: 
SEA 108 — Concur