Indiana 2025 2025 Regular Session

Indiana Senate Bill SB0209 Introduced / Bill

Filed 01/07/2025

                     
Introduced Version
SENATE BILL No. 209
_____
DIGEST OF INTRODUCED BILL
Citations Affected:  IC 4-32.3.
Synopsis: Electronic pull tabs in charity gaming. Allows for the use
of electronic pull tab games, electronic pull tab devices, and electronic
pull tab systems in charity gaming. Provides for a maximum number of
electronic pull tab devices that may be present, for purposes of charity
gaming, in a facility or location.
Effective:  July 1, 2025.
Walker K
January 8, 2025, read first time and referred to Committee on Public Policy.
2025	IN 209—LS 6681/DI 107 Introduced
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 BILL No. 209
A BILL FOR AN ACT to amend the Indiana Code concerning
gaming.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 4-32.3-2-15.3 IS ADDED TO THE INDIANA
2 CODE AS A NEW SECTION TO READ AS FOLLOWS
3 [EFFECTIVE JULY 1, 2025]: Sec. 15.3. "Electronic pull tab device"
4 means a:
5 (1) freestanding cabinet-style electronic device;
6 (2) stationary scaled-down table top version of a cabinet-style
7 device; or
8 (3) personal computing device;
9 that is used to play electronic pull tab games and approved by the
10 commission under IC 4-32.3-5-16.5.
11 SECTION 2. IC 4-32.3-2-15.5 IS ADDED TO THE INDIANA
12 CODE AS A NEW SECTION TO READ AS FOLLOWS
13 [EFFECTIVE JULY 1, 2025]: Sec. 15.5. "Electronic pull tab game"
14 means a unique electronic pull tab game with a unique form
15 number and the same unique serial number.
16 SECTION 3. IC 4-32.3-2-15.7 IS ADDED TO THE INDIANA
17 CODE AS A NEW SECTION TO READ AS FOLLOWS
2025	IN 209—LS 6681/DI 107 2
1 [EFFECTIVE JULY 1, 2025]: Sec. 15.7. "Electronic pull tab system"
2 means an electronic pull tab device, an electronic pull tab game,
3 and any computer or device, including all related hardware and
4 software, used to facilitate the play of an electronic pull tab game.
5 SECTION 4. IC 4-32.3-2-22, AS ADDED BY P.L.58-2019,
6 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7 JULY 1, 2025]: Sec. 22. "Licensed supply" refers to any of the
8 following:
9 (1) Bingo supplies.
10 (2) Pull tabs, including electronic pull tab devices, electronic
11 pull tab games, and electronic pull tab systems.
12 (3) Punchboards.
13 (4) Tip boards.
14 (5) Game boards, including but not limited to, raffle and coin
15 boards.
16 (6) Any other supplies, devices, or equipment designed to be used
17 in allowable activities designated by rule of the commission.
18 SECTION 5. IC 4-32.3-2-27, AS ADDED BY P.L.58-2019,
19 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
20 JULY 1, 2025]: Sec. 27. "Progressive or carryover pull tab" means a
21 pull tab game played with a seal card, or, in the case of an electronic
22 pull tab game, an electronic representation of a seal card, that is
23 designed by the manufacturer to include a jackpot prize that is carried
24 over to a subsequent deal of the same form number, in the event the
25 jackpot prize is not won.
26 SECTION 6. IC 4-32.3-2-28, AS ADDED BY P.L.58-2019,
27 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
28 JULY 1, 2025]: Sec. 28. "Pull tab" means either any of the following:
29 (1) A game conducted in the following manner:
30 (A) A single folded or banded ticket or a two-ply card with
31 perforated break-open tabs is bought by a player from a
32 qualified organization.
33 (B) The face of each card is initially covered or otherwise
34 hidden from view, concealing a number, letter, symbol, or set
35 of letters or symbols.
36 (C) In each set of tickets or cards, a designated number of
37 tickets or cards have been randomly designated in advance as
38 winners.
39 (D) Winners, or potential winners if the game includes the use
40 of a seal, are determined by revealing the faces of the tickets
41 or cards. The player may be required to sign the player's name
42 on numbered lines provided if a paper seal is used.
2025	IN 209—LS 6681/DI 107 3
1 (E) The player with a winning pull tab ticket or numbered line
2 receives the prize stated on the flare from the qualified
3 organization. The prize must be fully and clearly described on
4 the flare.
5 (2) An electronic pull tab game played on an electronic pull
6 tab device approved by the commission under
7 IC 4-32.3-5-16.5.
8 (2) (3) Any game played in a similar fashion as a game described
9 in subdivision (1) that is approved by the commission.
10 SECTION 7. IC 4-32.3-2-34, AS ADDED BY P.L.58-2019,
11 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12 JULY 1, 2025]: Sec. 34. "Seal card" means a board or placard, or, in
13 the case of an electronic pull tab game, an electronic representation
14 of a board or placard, used with pull tabs that contains one (1) or
15 more seals, that when removed or opened, reveals a predesignated
16 winning number, letter, symbol, or monetary denomination.
17 SECTION 8. IC 4-32.3-3-3, AS AMENDED BY P.L.93-2024,
18 SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
19 JULY 1, 2025]: Sec. 3. The commission shall adopt rules under
20 IC 4-22-2 for the following purposes:
21 (1) Administering this article.
22 (2) Establishing the conditions under which charity gaming in
23 Indiana may be conducted, including the manner in which a
24 qualified organization may supervise a qualified card game
25 conducted under IC 4-32.3-5-11(b).
26 (3) Providing for the prevention of practices detrimental to the
27 public interest and providing for the best interests of charity
28 gaming.
29 (4) Establishing rules concerning inspection of qualified
30 organizations and the review of the licenses necessary to conduct
31 charity gaming.
32 (5) Imposing penalties for noncriminal violations of this article.
33 (6) Establishing standards for independent audits conducted under
34 IC 4-32.3-5-5(d).
35 (7) Establishing standards:
36 (A) for the licensing of manufacturers of;
37 (B) for required technical specifications for; and
38 (C) to receive commission approval of;
39 electronic pull tab systems.
40 (8) Requiring that:
41 (A) the manufacturer of an electronic pull tab system
42 submit, at the manufacturer's own expense, the
2025	IN 209—LS 6681/DI 107 4
1 manufacturer's electronic pull tab system to an
2 independent gaming testing laboratory for testing and
3 certification as meeting the standards for required
4 technical specifications adopted by the commission; and
5 (B) an electronic pull tab system be approved by the
6 commission before the electronic pull tab system may be
7 used by a qualified organization under this article.
8 SECTION 9. IC 4-32.3-4-2, AS ADDED BY P.L.188-2019,
9 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10 JULY 1, 2025]: Sec. 2. The commission may deny a license or
11 reissuance of a license to an organization if the commission determines
12 that at least one (1) of the following applies with respect to the
13 organization:
14 (1) The organization has:
15 (A) violated a local ordinance, a state or federal statute, or an
16 administrative rule or regulation and the violation would cause
17 the commission to determine that the applicant, a key person,
18 or a substantial owner of the applicant is not of good moral
19 character or reputation; or
20 (B) committed any other act that would negatively affect the
21 integrity of charity gaming in Indiana.
22 (2) The organization has engaged in fraud, deceit, or
23 misrepresentation.
24 (3) The organization has failed to provide information required by
25 this article or a rule adopted under this article.
26 (4) The organization has failed to provide sufficient information
27 to enable the commission to determine that the organization is a
28 qualified organization.
29 (5) The organization intends to conduct, or has conducted,
30 electronic pull tab games but does not intend to conduct, or
31 has not conducted, paper pull tab games.
32 (5) (6) Conduct prejudicial to public confidence in the
33 commission or any reason deemed necessary by the commission
34 to ensure the integrity of charitable gaming in Indiana.
35 SECTION 10. IC 4-32.3-5-16.5 IS ADDED TO THE INDIANA
36 CODE AS A NEW SECTION TO READ AS FOLLOWS
37 [EFFECTIVE JULY 1, 2025]: Sec. 16.5. (a) Electronic pull tab
38 games must meet the following requirements:
39 (1) Each electronic pull tab game must have a predetermined
40 and finite number of winning and losing tickets.
41 (2) Each electronic pull tab game series must have a
42 predetermined prize structure and fixed prize amounts.
2025	IN 209—LS 6681/DI 107 5
1 (3) Each electronic pull tab game series must have a unique
2 serial number that is not regenerated.
3 (4) Each electronic pull tab in a game series must be sold for
4 the same price.
5 (5) The reveal of the numbers or symbols on an electronic pull
6 tab ticket or card must replicate a paper pull tab ticket.
7 (6) The reveal of the numbers or symbols on an electronic pull
8 tab ticket or card may be designed with an entertainment
9 theme, but may not include:
10 (A) spinning wheels resembling a slot machine; or
11 (B) any replication of keno, blackjack, roulette, or poker.
12 (7) Any extended play feature may not require additional
13 payment or award any prize other than the predetermined
14 prize associated with the initial electronic pull tab ticket or
15 card.
16 (b) Electronic pull tab systems and electronic pull tab devices:
17 (1) must be approved by the commission;
18 (2) may only accept United States currency or a credit
19 voucher; and
20 (3) may not directly dispense United States currency or any
21 article or exchange of value other than a credit voucher.
22 SECTION 11. IC 4-32.3-5-16.7 IS ADDED TO THE INDIANA
23 CODE AS A NEW SECTION TO READ AS FOLLOWS
24 [EFFECTIVE JULY 1, 2025]: Sec. 16.7. The number of electronic
25 pull tab devices permitted at any facility or location may not
26 exceed the following:
27 (1) In the case of a facility or location with an occupancy limit
28 of not more than ninety-nine (99) individuals, not more than
29 five (5) electronic pull tab devices.
30 (2) In the case of a facility or location with an occupancy limit
31 of at least one hundred (100) individuals, but not more than
32 two hundred fifty (250) individuals, not more than seven (7)
33 electronic pull tab devices.
34 (3) In the case of a facility or location with an occupancy limit
35 of more than two hundred fifty (250) individuals, not more
36 than ten (10) electronic pull tab devices.
37 SECTION 12. IC 4-32.3-8-1, AS ADDED BY P.L.58-2019,
38 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
39 JULY 1, 2025]: Sec. 1. (a) The commission may suspend or revoke the
40 license of or levy a civil penalty against a qualified organization, a
41 manufacturer, a distributor, or an individual under this article for any
42 of the following:
2025	IN 209—LS 6681/DI 107 6
1 (1) Violation of:
2 (A) a provision of this article, IC 35-45-5-3, IC 35-45-5-3.5,
3 IC 35-45-5-4, or a rule of the commission; or
4 (B) any other local ordinance, state or federal statute, or
5 administrative rule or regulation that would cause the
6 commission to determine that the person is not of good moral
7 character or reputation.
8 (2) Failure to accurately account for a licensed supply.
9 (3) Failure to accurately account for sales proceeds from an event
10 or activity licensed or permitted under this article.
11 (4) Commission of a fraud, deceit, or misrepresentation.
12 (5) Conduct prejudicial to public confidence in the commission.
13 (6) Failure to ensure the integrity of charitable gaming in Indiana.
14 (7) Sale or lease of an electronic pull tab device that has not
15 been approved by the commission for use under this article.
16 (b) If a violation is of a continuing nature, the commission may
17 impose a civil penalty upon a licensee or an individual for each day the
18 violation continues.
19 (c) For purposes of subsection (a), a finding that a person has
20 violated IC 35-45-5-3, IC 35-45-5-3.5, or IC 35-45-5-4 must be
21 supported by a preponderance of the evidence.
2025	IN 209—LS 6681/DI 107