Introduced Version
HOUSE BILL No. 1356
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 24-8.
Synopsis: Sweepstakes regulation. Adds sweepstakes, contests, and
prize giveaways to the definition of "promotion" for purposes of the law
regulating promotional gifts and contests. Requires disclaimers of
actual winning odds for promotions that make certain representations
to the person receiving the promotion. Provides for disclaimer
statements for promotions that do not require a purchase. Provides for
disclaimer statements for promotions for which a purchase does not
increase the likelihood of winning. Repeals a provision exempting
certain types of promotions from certain notice requirements.
Effective: July 1, 2001.
Duncan
January 11, 2001, read first time and referred to Committee on Public Policy, Ethics and
Veterans Affairs.
Introduced
First Regular Session 112th General Assembly (2001)
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 2000 General Assembly.
HOUSE BILL No. 1356
A BILL FOR AN ACT to amend the Indiana Code concerning
promotional gifts and contests.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 24-8-2-5; (01)IN1356.1.1. -->
SECTION 1.
IC 24-8-2-5
IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]: Sec. 5. "Promotion" means a written
notice offering:
(1) property; or
(2) a chance to obtain property;
to a person based on a representation that the person has been awarded
or may have been awarded a prize, and includes sweepstakes,
contests, and prize giveaways.
SOURCE: IC 24-8-3-5.5; (01)IN1356.1.2. -->
SECTION 2.
IC 24-8-3-5.5
IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2001]: Sec. 5.5. (a) If a promotion represents that the person:
(1) is a winner;
(2) is a finalist;
(3) has been specially selected;
(4) is in "first place"; or
(5) is otherwise among a limited group of persons with an
enhanced likelihood of receiving a prize;
the written prize notice must contain a statement of the maximum
number of persons described in subdivision (1), (2), (3), (4), or (5).
(b) The statement required under subsection (a) must be in at
least 10 point boldface contrasting color type on the first page of
the promotion.
SOURCE: IC 24-8-3-7.5; (01)IN1356.1.3. -->
SECTION 3.
IC 24-8-3-7.5
IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2001]: Sec. 7.5. (a) If a promotion offers a prize for which the
purchase of goods or services is not necessary, the first page of the
notice must clearly state that purchase is not necessary.
(b) Disclosure must be made by using the following statement:
"No purchase is necessary to enter this promotion.".
(c) The disclosure statement must be in at least 10 point
boldface contrasting color type.
SOURCE: IC 24-8-3-7.6; (01)IN1356.1.4. -->
SECTION 4.
IC 24-8-3-7.6
IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2001]: Sec. 7.6. (a) If a promotion offers a prize for which the
purchase of goods or services does not enhance the likelihood of
receiving a prize, the first page of the notice must clearly state that
a purchase does not enhance the likelihood of receiving a prize.
(b) Disclosure must be made by using the following statement:
"A purchase does not increase your chance of winning.".
(c) The disclosure statement must be in at least 10 point
boldface contrasting color type.
SOURCE: IC 24-8-3-10; (01)IN1356.1.5. -->
SECTION 5.
IC 24-8-3-10
IS REPEALED [EFFECTIVE JULY 1,
2001].