IN
Indiana Senate Bill SB0209

Indiana 2025 Regular Session

Indiana Senate Bill SB0209 Compare Versions

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1+*ES0209.1*
2+March 25, 2025
3+ENGROSSED
4+SENATE BILL No. 209
5+_____
6+DIGEST OF SB 209 (Updated March 25, 2025 10:24 am - DI 137)
7+Citations Affected: IC 4-32.3.
8+Synopsis: Electronic pull tabs in charity gaming. Allows for the use
9+of electronic pull tab games, electronic pull tab devices, and electronic
10+pull tab systems in charity gaming by certain organizations. Provides
11+for a maximum number of electronic pull tab devices that may be
12+present, for purposes of charity gaming, in a permitted location.
13+Effective: July 1, 2025.
14+Walker K, Alting, Busch,
15+Niezgodski, Becker, Dernulc,
16+Maxwell, Jackson L, Pol Jr.,
17+Walker G, Ford J.D., Spencer,
18+Bohacek, Schmitt
19+(HOUSE SPONSORS — MANNING, MOED, JUDY)
20+January 8, 2025, read first time and referred to Committee on Public Policy.
21+January 30, 2025, amended, reported favorably — Do Pass.
22+February 3, 2025, read second time, ordered engrossed. Engrossed.
23+February 4, 2025, read third time, passed. Yeas 37, nays 13.
24+HOUSE ACTION
25+March 3, 2025, read first time and referred to Committee on Public Policy.
26+March 25, 2025, amended, reported — Do Pass.
27+ES 209—LS 6681/DI 107 March 25, 2025
128 First Regular Session of the 124th General Assembly (2025)
229 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
330 Constitution) is being amended, the text of the existing provision will appear in this style type,
431 additions will appear in this style type, and deletions will appear in this style type.
532 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
633 provision adopted), the text of the new provision will appear in this style type. Also, the
734 word NEW will appear in that style type in the introductory clause of each SECTION that adds
835 a new provision to the Indiana Code or the Indiana Constitution.
936 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
1037 between statutes enacted by the 2024 Regular Session of the General Assembly.
11-SENATE ENROLLED ACT No. 209
12-AN ACT to amend the Indiana Code concerning gaming.
38+ENGROSSED
39+SENATE BILL No. 209
40+A BILL FOR AN ACT to amend the Indiana Code concerning
41+gaming.
1342 Be it enacted by the General Assembly of the State of Indiana:
14-SECTION 1. IC 4-32.3-2-15.3 IS ADDED TO THE INDIANA
15-CODE AS A NEW SECTION TO READ AS FOLLOWS
16-[EFFECTIVE JULY 1, 2025]: Sec. 15.3. "Electronic pull tab device"
17-means a:
18-(1) freestanding cabinet-style electronic device;
19-(2) stationary scaled-down table top version of a cabinet-style
20-device; or
21-(3) handheld mobile tablet, other than a phone or other
22-personal computing device;
23-that is used to play electronic pull tab games and approved by the
24-commission under IC 4-32.3-5-16.5.
25-SECTION 2. IC 4-32.3-2-15.5 IS ADDED TO THE INDIANA
26-CODE AS A NEW SECTION TO READ AS FOLLOWS
27-[EFFECTIVE JULY 1, 2025]: Sec. 15.5. "Electronic pull tab game"
28-means a unique electronic pull tab game with a unique form
29-number and the same unique serial number.
30-SECTION 3. IC 4-32.3-2-15.7 IS ADDED TO THE INDIANA
31-CODE AS A NEW SECTION TO READ AS FOLLOWS
32-[EFFECTIVE JULY 1, 2025]: Sec. 15.7. "Electronic pull tab system"
33-means an electronic pull tab device, an electronic pull tab game,
34-and any computer or device, including all related hardware and
35-software, used to facilitate the play of an electronic pull tab game.
36-SEA 209 — Concur 2
37-SECTION 4. IC 4-32.3-2-16.5 IS ADDED TO THE INDIANA
43+1 SECTION 1. IC 4-32.3-2-15.3 IS ADDED TO THE INDIANA
44+2 CODE AS A NEW SECTION TO READ AS FOLLOWS
45+3 [EFFECTIVE JULY 1, 2025]: Sec. 15.3. "Electronic pull tab device"
46+4 means a:
47+5 (1) freestanding cabinet-style electronic device;
48+6 (2) stationary scaled-down table top version of a cabinet-style
49+7 device; or
50+8 (3) handheld mobile tablet, other than a phone or other
51+9 personal computing device;
52+10 that is used to play electronic pull tab games and approved by the
53+11 commission under IC 4-32.3-5-16.5.
54+12 SECTION 2. IC 4-32.3-2-15.5 IS ADDED TO THE INDIANA
55+13 CODE AS A NEW SECTION TO READ AS FOLLOWS
56+14 [EFFECTIVE JULY 1, 2025]: Sec. 15.5. "Electronic pull tab game"
57+15 means a unique electronic pull tab game with a unique form
58+16 number and the same unique serial number.
59+17 SECTION 3. IC 4-32.3-2-15.7 IS ADDED TO THE INDIANA
60+ES 209—LS 6681/DI 107 2
61+1 CODE AS A NEW SECTION TO READ AS FOLLOWS
62+2 [EFFECTIVE JULY 1, 2025]: Sec. 15.7. "Electronic pull tab system"
63+3 means an electronic pull tab device, an electronic pull tab game,
64+4 and any computer or device, including all related hardware and
65+5 software, used to facilitate the play of an electronic pull tab game.
66+6 SECTION 4. IC 4-32.3-2-16.5 IS ADDED TO THE INDIANA
67+7 CODE AS A NEW SECTION TO READ AS FOLLOWS
68+8 [EFFECTIVE JULY 1, 2025]: Sec. 16.5. "Flare" means the board or
69+9 placard, or, in the case of an electronic pull tab game, an electronic
70+10 representation of a board or placard, that accompanies each deal
71+11 of pull tabs on which the following information is printed:
72+12 (1) The game name.
73+13 (2) The manufacturer's name or distinctive logo.
74+14 (3) The form number.
75+15 (4) The ticket count.
76+16 (5) The prize structure.
77+17 (6) The cost per play.
78+18 (7) The game serial number.
79+19 SECTION 5. IC 4-32.3-2-22, AS ADDED BY P.L.58-2019,
80+20 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
81+21 JULY 1, 2025]: Sec. 22. "Licensed supply" refers to any of the
82+22 following:
83+23 (1) Bingo supplies.
84+24 (2) Pull tabs, including electronic pull tab devices, electronic
85+25 pull tab games, and electronic pull tab systems.
86+26 (3) Punchboards.
87+27 (4) Tip boards.
88+28 (5) Game boards, including but not limited to, raffle and coin
89+29 boards.
90+30 (6) Any other supplies, devices, or equipment designed to be used
91+31 in allowable activities designated by rule of the commission.
92+32 SECTION 6. IC 4-32.3-2-22.5 IS ADDED TO THE INDIANA
93+33 CODE AS A NEW SECTION TO READ AS FOLLOWS
94+34 [EFFECTIVE JULY 1, 2025]: Sec. 22.5. "Manually activate" means:
95+35 (1) touching an icon on an electronic pull tab device screen;
96+36 (2) pressing a button on a electronic pull tab device; or
97+37 (3) in the case of a visually impaired individual, performing
98+38 an action to initiate activity for an electronic pull tab device.
99+39 SECTION 7. IC 4-32.3-2-27, AS ADDED BY P.L.58-2019,
100+40 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
101+41 JULY 1, 2025]: Sec. 27. "Progressive or carryover pull tab" means a
102+42 pull tab game played with a seal card, or, in the case of an electronic
103+ES 209—LS 6681/DI 107 3
104+1 pull tab game, an electronic representation of a seal card, that is
105+2 designed by the manufacturer to include a jackpot prize that is carried
106+3 over to a subsequent deal of the same form number, in the event the
107+4 jackpot prize is not won.
108+5 SECTION 8. IC 4-32.3-2-28, AS ADDED BY P.L.58-2019,
109+6 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
110+7 JULY 1, 2025]: Sec. 28. "Pull tab" means either any of the following:
111+8 (1) A game conducted in the following manner:
112+9 (A) A single folded or banded ticket or a two-ply card with
113+10 perforated break-open tabs is bought by a player from a
114+11 qualified organization.
115+12 (B) The face of each card is initially covered or otherwise
116+13 hidden from view, concealing a number, letter, symbol, or set
117+14 of letters or symbols.
118+15 (C) In each set of tickets or cards, a designated number of
119+16 tickets or cards have been randomly designated in advance as
120+17 winners.
121+18 (D) Winners, or potential winners if the game includes the use
122+19 of a seal, are determined by revealing the faces of the tickets
123+20 or cards. The player may be required to sign the player's name
124+21 on numbered lines provided if a paper seal is used.
125+22 (E) The player with a winning pull tab ticket or numbered line
126+23 receives the prize stated on the flare from the qualified
127+24 organization. The prize must be fully and clearly described on
128+25 the flare.
129+26 (2) An electronic pull tab game played on an electronic pull
130+27 tab device approved by the commission under
131+28 IC 4-32.3-5-16.5.
132+29 (2) (3) Any game played in a similar fashion as a game described
133+30 in subdivision (1) that is approved by the commission.
134+31 SECTION 9. IC 4-32.3-2-34, AS ADDED BY P.L.58-2019,
135+32 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
136+33 JULY 1, 2025]: Sec. 34. "Seal card" means a board or placard, or, in
137+34 the case of an electronic pull tab game, an electronic representation
138+35 of a board or placard, used with pull tabs that contains one (1) or
139+36 more seals, that when removed or opened, reveals a predesignated
140+37 winning number, letter, symbol, or monetary denomination.
141+38 SECTION 10. IC 4-32.3-3-3, AS AMENDED BY P.L.93-2024,
142+39 SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
143+40 JULY 1, 2025]: Sec. 3. The commission shall adopt rules under
144+41 IC 4-22-2 for the following purposes:
145+42 (1) Administering this article.
146+ES 209—LS 6681/DI 107 4
147+1 (2) Establishing the conditions under which charity gaming in
148+2 Indiana may be conducted, including the manner in which a
149+3 qualified organization may supervise a qualified card game
150+4 conducted under IC 4-32.3-5-11(b).
151+5 (3) Providing for the prevention of practices detrimental to the
152+6 public interest and providing for the best interests of charity
153+7 gaming.
154+8 (4) Establishing rules concerning inspection of qualified
155+9 organizations and the review of the licenses necessary to conduct
156+10 charity gaming.
157+11 (5) Imposing penalties for noncriminal violations of this article.
158+12 (6) Establishing standards for independent audits conducted under
159+13 IC 4-32.3-5-5(d).
160+14 (7) Establishing standards:
161+15 (A) for the licensing of manufacturers of;
162+16 (B) for required technical specifications for; and
163+17 (C) to receive commission approval of;
164+18 electronic pull tab systems.
165+19 (8) Requiring that:
166+20 (A) the manufacturer of an electronic pull tab system
167+21 submit, at the manufacturer's own expense, the
168+22 manufacturer's electronic pull tab system to an
169+23 independent gaming testing laboratory for testing and
170+24 certification as meeting the standards for required
171+25 technical specifications adopted by the commission; and
172+26 (B) an electronic pull tab system be approved by the
173+27 commission before the electronic pull tab system may be
174+28 used by a qualified organization under this article.
175+29 SECTION 11. IC 4-32.3-5-16.5 IS ADDED TO THE INDIANA
176+30 CODE AS A NEW SECTION TO READ AS FOLLOWS
177+31 [EFFECTIVE JULY 1, 2025]: Sec. 16.5. (a) Electronic pull tab
178+32 games must meet the following requirements:
179+33 (1) Each electronic pull tab game must have a predetermined
180+34 and finite number of winning and losing tickets.
181+35 (2) Each electronic pull tab game series must have a
182+36 predetermined prize structure and fixed prize amounts.
183+37 (3) Each electronic pull tab game series must have a unique
184+38 serial number that is not regenerated.
185+39 (4) Each electronic pull tab in a game series must be sold for
186+40 the same price.
187+41 (5) The reveal of the numbers or symbols on an electronic pull
188+42 tab ticket or card must replicate a paper pull tab ticket.
189+ES 209—LS 6681/DI 107 5
190+1 (6) The reveal of the numbers or symbols on an electronic pull
191+2 tab ticket or card may be designed with an entertainment
192+3 theme, but may not include:
193+4 (A) spinning wheels resembling a slot machine;
194+5 (B) any replication of keno, blackjack, roulette, poker,
195+6 craps, or any other casino table game;
196+7 (C) any replication of horse racing; or
197+8 (D) any replication of any other gambling game as defined
198+9 in IC 4-33-2-9 and IC 4-35-2-5.
199+10 (7) Any extended play feature may not require additional
200+11 payment or award any prize other than the predetermined
201+12 prize associated with the initial electronic pull tab ticket or
202+13 card.
203+14 (8) Each electronic pull tab must require an individual to
204+15 manually activate:
205+16 (A) the electronic pull tab ticket; and
206+17 (B) each individual row and column of an electronic pull
207+18 tab ticket before a single row or column of symbols is
208+19 revealed;
209+20 with a separate and distinct action.
210+21 (b) Electronic pull tab systems and electronic pull tab devices:
211+22 (1) must be approved by the commission;
212+23 (2) may only accept United States currency or a credit
213+24 voucher; and
214+25 (3) may not directly dispense United States currency or any
215+26 article or exchange of value other than a credit voucher.
216+27 SECTION 12. IC 4-32.3-5-16.7 IS ADDED TO THE INDIANA
217+28 CODE AS A NEW SECTION TO READ AS FOLLOWS
218+29 [EFFECTIVE JULY 1, 2025]: Sec. 16.7. (a) Except as provided in
219+30 subsection (b), the following organizations that are qualified
220+31 organizations may have electronic pull tab devices:
221+32 (1) A bona fide fraternal organization.
222+33 (2) A bona fide veterans organization.
223+34 (b) An organization described in subsection (a) may operate
224+35 electronic pull tab devices if the organization:
225+36 (1) is recognized as a veteran's organization or a fraternal
226+37 organization under IC 4-32.3-2-31;
227+38 (2) has been continuously operating in Indiana for a minimum
228+39 of five (5) years prior to the application for an electronic pull
229+40 tab endorsement; and
230+41 (3) holds or obtains a valid charitable gaming license under
231+42 IC 4-32.3-4.
232+ES 209—LS 6681/DI 107 6
233+1 (c) An organization described in subsection (a) may only operate
234+2 electronic pull tab devices at a single, fixed location that is:
235+3 (1) the organization's:
236+4 (A) primary meeting facility;
237+5 (B) primary lodge hall; or
238+6 (C) headquarters as identified in the organization's:
239+7 (i) articles of incorporation or bylaws; and
240+8 (ii) application to the commission for use of electronic
241+9 pulltabs; and
242+10 (2) owned, leased, or controlled solely by the organization.
243+11 (d) The number of electronic pull tab devices permitted at any
244+12 facility or location may not exceed the following:
245+13 (1) In the case of a facility or location with an occupancy limit
246+14 of not more than ninety-nine (99) individuals, not more than
247+15 three (3) electronic pull tab devices.
248+16 (2) In the case of a facility or location with an occupancy limit
249+17 of at least one hundred (100) individuals, but not more than
250+18 two hundred fifty (250) individuals, not more than five (5)
251+19 electronic pull tab devices.
252+20 (3) In the case of a facility or location with an occupancy limit
253+21 of more than two hundred fifty (250) individuals, not more
254+22 than seven (7) electronic pull tab devices.
255+23 (e) An electronic pull tab device that is a:
256+24 (1) tablet must conspicuously state on the exterior of the
257+25 device or case containing the device: "If you or someone you
258+26 know has a gambling problem and wants help, call
259+27 1-800-9-WITH-IT."; or
260+28 (2) cabinet-style or scaled down tabletop version of a cabinet
261+29 style device must conspicuously state on the front exterior of
262+30 the device: "If you or someone you know has a gambling
263+31 problem and wants help, call 1-800-9-WITH-IT.".
264+32 (f) An organization operating electronic pull tabs under this
265+33 section may not:
266+34 (1) enter into a partnership, a joint venture, or an agreement
267+35 with another entity to conduct electronic pull tab gaming
268+36 outside of the single, fixed location as set forth in subsection
269+37 (c); and
270+38 (2) establish additional locations for the operation of
271+39 electronic pull tabs, either directly or indirectly, including:
272+40 (A) establishing a secondary facility for gaming;
273+41 (B) partnering with another organization or entity to
274+42 expand gaming operations beyond the allowed number of
275+ES 209—LS 6681/DI 107 7
276+1 devices set forth in subsection (d); and
277+2 (C) leasing, licensing, or subleasing gaming rights to a
278+3 third party.
279+4 (g) An organization operating electronic pull tabs under this
280+5 section must also conduct paper pull tab games.
281+6 (h) If an organization violates this section, the gaming
282+7 commission may:
283+8 (1) suspend or revoke the organization's charity gaming
284+9 license; and
285+10 (2) order that all gaming revenue earned as a result of a
286+11 violation of this section shall be paid to the commission as a
287+12 fine.
288+13 SECTION 13. IC 4-32.3-5-20, AS ADDED BY P.L.58-2019,
289+14 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
290+15 JULY 1, 2025]: Sec. 20. (a) Except as provided in subsection (b), a
291+16 qualified organization shall obtain licensed supplies from an entity
292+17 licensed by the commission as a distributor.
293+18 (b) Subsection (a) does not apply to a reusable licensed supply:
294+19 (1) constructed, purchased, or otherwise obtained by a qualified
295+20 organization before January 1, 2009; or
296+21 (2) borrowed at any time from another qualified organization.
297+22 (c) A qualified organization may pay for licensed supplies only with
298+23 a check drawn on or by an electronic funds transfer from the qualified
299+24 organization's gaming account.
300+25 (d) A manufacturer or distributor of an electronic pull tab
301+26 device may not offer an inducement to a qualified organization
302+27 concerning the placement and operation of electronic pull tab
303+28 systems and electronic pull tab games.
304+29 (e) A manufacturer or distributor of electronic pull tab systems
305+30 and electronic pull tab devices may not require a qualified
306+31 organization to purchase, as a condition to receive electronic pull
307+32 tab systems and electronic pull tab devices, the manufacturer's or
308+33 distributor's paper gaming products.
309+34 SECTION 14. IC 4-32.3-8-1, AS ADDED BY P.L.58-2019,
310+35 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
311+36 JULY 1, 2025]: Sec. 1. (a) The commission may suspend or revoke the
312+37 license of or levy a civil penalty against a qualified organization, a
313+38 manufacturer, a distributor, or an individual under this article for any
314+39 of the following:
315+40 (1) Violation of:
316+41 (A) a provision of this article, IC 35-45-5-3, IC 35-45-5-3.5,
317+42 IC 35-45-5-4, or a rule of the commission; or
318+ES 209—LS 6681/DI 107 8
319+1 (B) any other local ordinance, state or federal statute, or
320+2 administrative rule or regulation that would cause the
321+3 commission to determine that the person is not of good moral
322+4 character or reputation.
323+5 (2) Failure to accurately account for a licensed supply.
324+6 (3) Failure to accurately account for sales proceeds from an event
325+7 or activity licensed or permitted under this article.
326+8 (4) Commission of a fraud, deceit, or misrepresentation.
327+9 (5) Conduct prejudicial to public confidence in the commission.
328+10 (6) Failure to ensure the integrity of charitable gaming in Indiana.
329+11 (7) Sale or lease of an electronic pull tab device or electronic
330+12 pull tab system that has not been approved by the commission
331+13 for use under this article.
332+14 (b) If a violation is of a continuing nature, the commission may
333+15 impose a civil penalty upon a licensee or an individual for each day the
334+16 violation continues.
335+17 (c) For purposes of subsection (a), a finding that a person has
336+18 violated IC 35-45-5-3, IC 35-45-5-3.5, or IC 35-45-5-4 must be
337+19 supported by a preponderance of the evidence.
338+ES 209—LS 6681/DI 107 9
339+COMMITTEE REPORT
340+Mr. President: The Senate Committee on Public Policy, to which
341+was referred Senate Bill No. 209, has had the same under consideration
342+and begs leave to report the same back to the Senate with the
343+recommendation that said bill be AMENDED as follows:
344+Page 1, line 8, after "(3)" insert "handheld mobile tablet, other
345+than a phone or other".
346+Page 2, between lines 4 and 5, begin a new paragraph and insert:
347+"SECTION 4. IC 4-32.3-2-16.5 IS ADDED TO THE INDIANA
38348 CODE AS A NEW SECTION TO READ AS FOLLOWS
39349 [EFFECTIVE JULY 1, 2025]: Sec. 16.5. "Flare" means the board or
40350 placard, or, in the case of an electronic pull tab game, an electronic
41351 representation of a board or placard, that accompanies each deal
42352 of pull tabs on which the following information is printed:
43353 (1) The game name.
44354 (2) The manufacturer's name or distinctive logo.
45355 (3) The form number.
46356 (4) The ticket count.
47357 (5) The prize structure.
48358 (6) The cost per play.
49-(7) The game serial number.
50-SECTION 5. IC 4-32.3-2-22, AS ADDED BY P.L.58-2019,
359+(7) The game serial number.".
360+Page 4, between lines 7 and 8, begin a new paragraph and insert:
361+"SECTION 10. IC 4-32.3-3-4, AS ADDED BY P.L.58-2019,
51362 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
52-JULY 1, 2025]: Sec. 22. "Licensed supply" refers to any of the
53-following:
54-(1) Bingo supplies.
55-(2) Pull tabs, including electronic pull tab devices, electronic
56-pull tab games, and electronic pull tab systems.
57-(3) Punchboards.
58-(4) Tip boards.
59-(5) Game boards, including but not limited to, raffle and coin
60-boards.
61-(6) Any other supplies, devices, or equipment designed to be used
62-in allowable activities designated by rule of the commission.
63-SECTION 6. IC 4-32.3-2-22.5 IS ADDED TO THE INDIANA
363+JULY 1, 2025]: Sec. 4. (a) The commission has the sole authority to
364+license entities under this article to sell, distribute, or manufacture a
365+licensed supply.
366+(b) The commission may not limit the number of qualified entities
367+licensed under subsection (a).
368+(c) The commission may deny a license to an applicant for a license
369+to sell, manufacture, or distribute licensed supplies if the commission
370+determines that at least one (1) of the following applies with respect to
371+the applicant:
372+(1) The applicant has:
373+(A) violated a local ordinance, a state or federal statute, or an
374+administrative rule or regulation and the violation would cause
375+the commission to determine that the applicant, a key person,
376+or a substantial owner of the applicant is not of good moral
377+character or reputation; or
378+(B) committed any other act that would negatively impact the
379+integrity of charity gaming in Indiana.
380+ES 209—LS 6681/DI 107 10
381+(2) The applicant has engaged in fraud, deceit, or
382+misrepresentation.
383+(3) The applicant has failed to provide information required by
384+this article or a rule adopted under this article.
385+(4) The applicant meets one (1) or more of the following
386+criteria:
387+(A) The applicant has been convicted of a felony or any
388+gambling-related offense in any state or federal court of
389+the United States within the ten (10) years prior to the date
390+of the application.
391+(B) The applicant employs an officer or director who has
392+been convicted of a felony or any gambling-related offense
393+in any state or federal court of the United States within the
394+ten (10) years prior to the date of the application.
395+(C) The applicant has completed a sentence for a felony or
396+any gambling-related offense in any state or federal court
397+of the United States within the ten (10) years prior to the
398+date of the application.
399+(D) The applicant employs an officer or director who has
400+completed a sentence for a felony or any gambling-related
401+offense in any state or federal court of the United States
402+within the ten (10) years prior to the date of the
403+application.
404+(4) (5) Conduct prejudicial to public confidence in the
405+commission or for any reason deemed necessary by the
406+commission to ensure the integrity of charitable gaming in
407+Indiana.
408+(d) The commission may consider the following when
409+determining whether to deny a permit application for an applicant
410+to which subsection (c)(4) applies:
411+(1) If the applicant, or the key person, substantial owner, or
412+affiliated entity of the applicant who engaged in or benefitted
413+from illegal gambling has been pardoned or had its civil rights
414+restored.
415+(2) If, since the applicant, or the key person, substantial
416+owner, or affiliated entity of the applicant engaged in or
417+benefitted from illegal gambling, the applicant has engaged in
418+the kind of law abiding commerce and good citizenship that
419+would reflect well upon the integrity of charity gaming in
420+Indiana.
421+(3) If the applicant is a firm, an association, a partnership, a
422+trust, a corporation, a limited liability company, or other
423+ES 209—LS 6681/DI 107 11
424+entity, whether the applicant has terminated its relationship
425+with the key person, substantial owner, or affiliated owner of
426+the entity who engaged in or benefitted from illegal
427+gambling.".
428+Page 5, line 10, delete "or".
429+Page 5, delete line 11, begin a new line double block indented and
430+insert:
431+"(B) any replication of keno, blackjack, roulette, poker,
432+craps, or any other casino table game;
433+(C) any replication of horse racing; or
434+(D) any replication of any other gambling game as defined
435+in IC 4-33-2-9 and IC 4-35-2-5.".
436+Page 6, line 14, after "device" insert "or electronic pull tab
437+system".
438+Renumber all SECTIONS consecutively.
439+and when so amended that said bill do pass.
440+(Reference is to SB 209 as introduced.)
441+ALTING, Chairperson
442+Committee Vote: Yeas 10, Nays 0.
443+_____
444+COMMITTEE REPORT
445+Mr. Speaker: Your Committee on Public Policy, to which was
446+referred Senate Bill 209, has had the same under consideration and
447+begs leave to report the same back to the House with the
448+recommendation that said bill be amended as follows:
449+Page 2, between lines 31 and 32, begin a new paragraph and insert:
450+"SECTION 6. IC 4-32.3-2-22.5 IS ADDED TO THE INDIANA
64451 CODE AS A NEW SECTION TO READ AS FOLLOWS
65452 [EFFECTIVE JULY 1, 2025]: Sec. 22.5. "Manually activate" means:
66453 (1) touching an icon on an electronic pull tab device screen;
67454 (2) pressing a button on a electronic pull tab device; or
68455 (3) in the case of a visually impaired individual, performing
69-an action to initiate activity for an electronic pull tab device.
70-SECTION 7. IC 4-32.3-2-27, AS ADDED BY P.L.58-2019,
71-SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
72-JULY 1, 2025]: Sec. 27. "Progressive or carryover pull tab" means a
73-pull tab game played with a seal card, or, in the case of an electronic
74-pull tab game, an electronic representation of a seal card, that is
75-designed by the manufacturer to include a jackpot prize that is carried
76-over to a subsequent deal of the same form number, in the event the
77-jackpot prize is not won.
78-SECTION 8. IC 4-32.3-2-28, AS ADDED BY P.L.58-2019,
79-SEA 209 — Concur 3
80-SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
81-JULY 1, 2025]: Sec. 28. "Pull tab" means either any of the following:
82-(1) A game conducted in the following manner:
83-(A) A single folded or banded ticket or a two-ply card with
84-perforated break-open tabs is bought by a player from a
85-qualified organization.
86-(B) The face of each card is initially covered or otherwise
87-hidden from view, concealing a number, letter, symbol, or set
88-of letters or symbols.
89-(C) In each set of tickets or cards, a designated number of
90-tickets or cards have been randomly designated in advance as
91-winners.
92-(D) Winners, or potential winners if the game includes the use
93-of a seal, are determined by revealing the faces of the tickets
94-or cards. The player may be required to sign the player's name
95-on numbered lines provided if a paper seal is used.
96-(E) The player with a winning pull tab ticket or numbered line
97-receives the prize stated on the flare from the qualified
98-organization. The prize must be fully and clearly described on
99-the flare.
100-(2) An electronic pull tab game played on an electronic pull
101-tab device approved by the commission under
102-IC 4-32.3-5-16.5.
103-(2) (3) Any game played in a similar fashion as a game described
104-in subdivision (1) that is approved by the commission.
105-SECTION 9. IC 4-32.3-2-34, AS ADDED BY P.L.58-2019,
106-SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
107-JULY 1, 2025]: Sec. 34. "Seal card" means a board or placard, or, in
108-the case of an electronic pull tab game, an electronic representation
109-of a board or placard, used with pull tabs that contains one (1) or
110-more seals, that when removed or opened, reveals a predesignated
111-winning number, letter, symbol, or monetary denomination.
112-SECTION 10. IC 4-32.3-3-3, AS AMENDED BY P.L.93-2024,
113-SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
114-JULY 1, 2025]: Sec. 3. The commission shall adopt rules under
115-IC 4-22-2 for the following purposes:
116-(1) Administering this article.
117-(2) Establishing the conditions under which charity gaming in
118-Indiana may be conducted, including the manner in which a
119-qualified organization may supervise a qualified card game
120-conducted under IC 4-32.3-5-11(b).
121-(3) Providing for the prevention of practices detrimental to the
122-SEA 209 — Concur 4
123-public interest and providing for the best interests of charity
124-gaming.
125-(4) Establishing rules concerning inspection of qualified
126-organizations and the review of the licenses necessary to conduct
127-charity gaming.
128-(5) Imposing penalties for noncriminal violations of this article.
129-(6) Establishing standards for independent audits conducted under
130-IC 4-32.3-5-5(d).
131-(7) Establishing standards:
132-(A) for the licensing of manufacturers of;
133-(B) for required technical specifications for; and
134-(C) to receive commission approval of;
135-electronic pull tab systems.
136-(8) Requiring that:
137-(A) the manufacturer of an electronic pull tab system
138-submit, at the manufacturer's own expense, the
139-manufacturer's electronic pull tab system to an
140-independent gaming testing laboratory for testing and
141-certification as meeting the standards for required
142-technical specifications adopted by the commission; and
143-(B) an electronic pull tab system be approved by the
144-commission before the electronic pull tab system may be
145-used by a qualified organization under this article.
146-SECTION 11. IC 4-32.3-5-16.5 IS ADDED TO THE INDIANA
147-CODE AS A NEW SECTION TO READ AS FOLLOWS
148-[EFFECTIVE JULY 1, 2025]: Sec. 16.5. (a) Electronic pull tab
149-games must meet the following requirements:
150-(1) Each electronic pull tab game must have a predetermined
151-and finite number of winning and losing tickets.
152-(2) Each electronic pull tab game series must have a
153-predetermined prize structure and fixed prize amounts.
154-(3) Each electronic pull tab game series must have a unique
155-serial number that is not regenerated.
156-(4) Each electronic pull tab in a game series must be sold for
157-the same price.
158-(5) The reveal of the numbers or symbols on an electronic pull
159-tab ticket or card must replicate a paper pull tab ticket.
160-(6) The reveal of the numbers or symbols on an electronic pull
161-tab ticket or card may be designed with an entertainment
162-theme, but may not include:
163-(A) spinning wheels resembling a slot machine;
164-(B) any replication of keno, blackjack, roulette, poker,
165-SEA 209 — Concur 5
166-craps, or any other casino table game;
167-(C) any replication of horse racing; or
168-(D) any replication of any other gambling game as defined
169-in IC 4-33-2-9 and IC 4-35-2-5.
170-(7) Any extended play feature may not require additional
171-payment or award any prize other than the predetermined
172-prize associated with the initial electronic pull tab ticket or
173-card.
174-(8) Each electronic pull tab must require an individual to
456+an action to initiate activity for an electronic pull tab device.".
457+Page 4, delete lines 22 through 42.
458+Delete page 5.
459+Page 6, delete lines 1 through 28.
460+Page 7, between lines 13 and 14, begin a new line block indented
461+ES 209—LS 6681/DI 107 12
462+and insert:
463+"(8) Each electronic pull tab must require an individual to
175464 manually activate:
176465 (A) the electronic pull tab ticket; and
177466 (B) each individual row and column of an electronic pull
178467 tab ticket before a single row or column of symbols is
179468 revealed;
180-with a separate and distinct action.
181-(b) Electronic pull tab systems and electronic pull tab devices:
182-(1) must be approved by the commission;
183-(2) may only accept United States currency or a credit
184-voucher; and
185-(3) may not directly dispense United States currency or any
186-article or exchange of value other than a credit voucher.
187-SECTION 12. IC 4-32.3-5-16.7 IS ADDED TO THE INDIANA
188-CODE AS A NEW SECTION TO READ AS FOLLOWS
189-[EFFECTIVE JULY 1, 2025]: Sec. 16.7. (a) Except as provided in
469+with a separate and distinct action.".
470+Page 7, line 22, after "16.7." insert "(a) Except as provided in
190471 subsection (b), the following organizations that are qualified
191472 organizations may have electronic pull tab devices:
192473 (1) A bona fide fraternal organization.
193474 (2) A bona fide veterans organization.
194475 (b) An organization described in subsection (a) may operate
195476 electronic pull tab devices if the organization:
196477 (1) is recognized as a veteran's organization or a fraternal
197478 organization under IC 4-32.3-2-31;
198479 (2) has been continuously operating in Indiana for a minimum
199480 of five (5) years prior to the application for an electronic pull
200481 tab endorsement; and
201482 (3) holds or obtains a valid charitable gaming license under
202483 IC 4-32.3-4.
203484 (c) An organization described in subsection (a) may only operate
204485 electronic pull tab devices at a single, fixed location that is:
205486 (1) the organization's:
206487 (A) primary meeting facility;
207488 (B) primary lodge hall; or
208-SEA 209 — Concur 6
209489 (C) headquarters as identified in the organization's:
210490 (i) articles of incorporation or bylaws; and
211491 (ii) application to the commission for use of electronic
212492 pulltabs; and
213493 (2) owned, leased, or controlled solely by the organization.
214-(d) The number of electronic pull tab devices permitted at any
215-facility or location may not exceed the following:
216-(1) In the case of a facility or location with an occupancy limit
217-of not more than ninety-nine (99) individuals, not more than
218-three (3) electronic pull tab devices.
219-(2) In the case of a facility or location with an occupancy limit
220-of at least one hundred (100) individuals, but not more than
221-two hundred fifty (250) individuals, not more than five (5)
222-electronic pull tab devices.
223-(3) In the case of a facility or location with an occupancy limit
224-of more than two hundred fifty (250) individuals, not more
225-than seven (7) electronic pull tab devices.
226-(e) An electronic pull tab device that is a:
494+(d)".
495+Page 7, line 27, delete "five (5)" and insert "three (3)".
496+Page 7, line 30, delete "seven (7)" and insert "five (5)".
497+Page 7, line 34, delete "ten (10)" and insert "seven (7)".
498+Page 7, between lines 34 and 35, begin a new paragraph and insert:
499+"(e) An electronic pull tab device that is a:
227500 (1) tablet must conspicuously state on the exterior of the
228501 device or case containing the device: "If you or someone you
229502 know has a gambling problem and wants help, call
230503 1-800-9-WITH-IT."; or
504+ES 209—LS 6681/DI 107 13
231505 (2) cabinet-style or scaled down tabletop version of a cabinet
232506 style device must conspicuously state on the front exterior of
233507 the device: "If you or someone you know has a gambling
234508 problem and wants help, call 1-800-9-WITH-IT.".
235509 (f) An organization operating electronic pull tabs under this
236510 section may not:
237511 (1) enter into a partnership, a joint venture, or an agreement
238512 with another entity to conduct electronic pull tab gaming
239513 outside of the single, fixed location as set forth in subsection
240514 (c); and
241515 (2) establish additional locations for the operation of
242516 electronic pull tabs, either directly or indirectly, including:
243517 (A) establishing a secondary facility for gaming;
244518 (B) partnering with another organization or entity to
245519 expand gaming operations beyond the allowed number of
246520 devices set forth in subsection (d); and
247521 (C) leasing, licensing, or subleasing gaming rights to a
248522 third party.
249523 (g) An organization operating electronic pull tabs under this
250524 section must also conduct paper pull tab games.
251-SEA 209 — Concur 7
252525 (h) If an organization violates this section, the gaming
253526 commission may:
254527 (1) suspend or revoke the organization's charity gaming
255528 license; and
256529 (2) order that all gaming revenue earned as a result of a
257530 violation of this section shall be paid to the commission as a
258531 fine.
259-SECTION 13. IC 4-32.3-5-20, AS ADDED BY P.L.58-2019,
532+SECTION 14. IC 4-32.3-5-20, AS ADDED BY P.L.58-2019,
260533 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
261534 JULY 1, 2025]: Sec. 20. (a) Except as provided in subsection (b), a
262535 qualified organization shall obtain licensed supplies from an entity
263536 licensed by the commission as a distributor.
264537 (b) Subsection (a) does not apply to a reusable licensed supply:
265538 (1) constructed, purchased, or otherwise obtained by a qualified
266539 organization before January 1, 2009; or
267540 (2) borrowed at any time from another qualified organization.
268541 (c) A qualified organization may pay for licensed supplies only with
269542 a check drawn on or by an electronic funds transfer from the qualified
270543 organization's gaming account.
271544 (d) A manufacturer or distributor of an electronic pull tab
272545 device may not offer an inducement to a qualified organization
273546 concerning the placement and operation of electronic pull tab
547+ES 209—LS 6681/DI 107 14
274548 systems and electronic pull tab games.
275549 (e) A manufacturer or distributor of electronic pull tab systems
276550 and electronic pull tab devices may not require a qualified
277551 organization to purchase, as a condition to receive electronic pull
278552 tab systems and electronic pull tab devices, the manufacturer's or
279-distributor's paper gaming products.
280-SECTION 14. IC 4-32.3-8-1, AS ADDED BY P.L.58-2019,
281-SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
282-JULY 1, 2025]: Sec. 1. (a) The commission may suspend or revoke the
283-license of or levy a civil penalty against a qualified organization, a
284-manufacturer, a distributor, or an individual under this article for any
285-of the following:
286-(1) Violation of:
287-(A) a provision of this article, IC 35-45-5-3, IC 35-45-5-3.5,
288-IC 35-45-5-4, or a rule of the commission; or
289-(B) any other local ordinance, state or federal statute, or
290-administrative rule or regulation that would cause the
291-commission to determine that the person is not of good moral
292-character or reputation.
293-(2) Failure to accurately account for a licensed supply.
294-SEA 209 — Concur 8
295-(3) Failure to accurately account for sales proceeds from an event
296-or activity licensed or permitted under this article.
297-(4) Commission of a fraud, deceit, or misrepresentation.
298-(5) Conduct prejudicial to public confidence in the commission.
299-(6) Failure to ensure the integrity of charitable gaming in Indiana.
300-(7) Sale or lease of an electronic pull tab device or electronic
301-pull tab system that has not been approved by the commission
302-for use under this article.
303-(b) If a violation is of a continuing nature, the commission may
304-impose a civil penalty upon a licensee or an individual for each day the
305-violation continues.
306-(c) For purposes of subsection (a), a finding that a person has
307-violated IC 35-45-5-3, IC 35-45-5-3.5, or IC 35-45-5-4 must be
308-supported by a preponderance of the evidence.
309-SEA 209 — Concur President of the Senate
310-President Pro Tempore
311-Speaker of the House of Representatives
312-Governor of the State of Indiana
313-Date: Time:
314-SEA 209 — Concur
553+distributor's paper gaming products.".
554+Renumber all SECTIONS consecutively.
555+and when so amended that said bill do pass.
556+(Reference is to SB 209 as printed January 31, 2025.)
557+MANNING
558+Committee Vote: yeas 12, nays 0.
559+ES 209—LS 6681/DI 107