Introduced Version






HOUSE BILL No. 1218

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 4-32.

Synopsis: Sale of charitable raffle tickets. Provides that a qualified organization conducting a raffle event under the charity gaming laws may enter an agreement with an individual to offer raffle tickets for sale as an authorized raffle event agent of the organization. Provides that the individual may not be compensated for participating in the raffle event. Sets forth various procedural and documentation requirements pertaining to an individual's participation in a raffle event.

Effective: July 1, 2002.





Becker, Bauer, Budak




    January 10, 2002, read first time and referred to Committee on Rules and Legislative Procedures.







Introduced

Second Regular Session 112th General Assembly (2002)


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 2001 General Assembly.

HOUSE BILL No. 1218



    A BILL FOR AN ACT to amend the Indiana Code concerning charity gaming.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 4-32-6-2.5; (02)IN1218.1.1. -->     SECTION 1. IC 4-32-6-2.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 2.5. "Authorized raffle event agent" means a person authorized to sell raffle tickets on behalf of a qualified organization under IC 4-32-9-15.
SOURCE: IC 4-32-6-24; (02)IN1218.1.2. -->     SECTION 2. IC 4-32-6-24 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 24. (a) Except as provided in subsection (b), "worker" means an individual who helps or participates in any manner in preparing for, conducting, assisting in conducting, cleaning up after, or taking any other action in connection with an allowable event under this article.
     (b) The term does not include an authorized raffle event agent (as defined in section 2.5 of this chapter).
SOURCE: IC 4-32-9-4; (02)IN1218.1.3. -->     SECTION 3. IC 4-32-9-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 4. (a) Each organization applying for a bingo license, special bingo license, charity game night license, raffle license, door prize drawing license, or festival license must

submit to the department a written application on a form prescribed by the department.
    (b) The application must include the information that the department requires, including the following:
        (1) The name and address of the organization.
        (2) The names and addresses of the officers of the organization.
        (3) The type of event the organization proposes to conduct.
        (4) The location at which the organization will conduct the bingo event, charity game night, raffle event, door prize event, or festival.
        (5) The dates and times for the proposed bingo event or events, charity game night, raffle event, door prize event, or festival.
        (6) Sufficient facts relating to the organization or the organization's incorporation or founding to enable the department to determine whether the organization is a qualified organization.
        (7) The name of each proposed operator and sufficient facts relating to the proposed operator to enable the department to determine whether the proposed operator is qualified to serve as an operator.
        (8) A sworn statement signed by the presiding officer and secretary of the organization attesting to the eligibility of the organization for a license, including the nonprofit character of the organization.
        (9) Any other information considered necessary by the department.
     (c) This subsection applies only to an application for a raffle event license. The application must include the following information pertaining to a proposed authorized raffle event agent:
        (1) The name and address of the authorized raffle event agent.
        (2) The location at which the proposed authorized raffle event agent will sell raffle tickets on behalf of the qualified organization.

         (3) Sufficient facts relating to the proposed agent to enable the department to determine whether the proposed agent is qualified to serve as an authorized raffle event agent.
        (4) Any other information considered necessary by the department.

SOURCE: IC 4-32-9-11; (02)IN1218.1.4. -->     SECTION 4. IC 4-32-9-11 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 11. (a) A bingo license or special bingo license may also authorize a qualified organization to conduct door prize drawings and sell pull tabs, punchboards, and tip boards at the bingo event.
    (b) A charity game night license may also authorize a qualified organization to conduct door prize drawings and sell pull tabs, punchboards, and tip boards at the charity game night.
    (c) A raffle license may also authorize a qualified organization to conduct door prize drawings and sell pull tabs, punchboards, and tip boards at the raffle event. However, an authorized raffle event agent may not sell pull tabs, punchboards, or tip boards in conjunction with the raffle event.
    (d) A door prize license may also authorize a qualified organization to sell pull tabs, punchboards, and tip boards at the door prize event.
SOURCE: IC 4-32-9-15; (02)IN1218.1.5. -->     SECTION 5. IC 4-32-9-15 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 15. (a) Except as provided in subsection (c), a qualified organization may not contract or otherwise enter into an agreement with an individual, a corporation, a partnership, a limited liability company, or other association to conduct an allowable event for the benefit of the organization.
    (b) Except as provided in subsection (c),
a qualified organization shall use only operators and workers meeting the requirements of this chapter to manage and conduct an allowable event.
     (c) A qualified organization may enter into an agreement with an individual to serve as an authorized raffle event agent of the qualified organization. An authorized raffle event agent may sell raffle tickets on behalf of the qualified organization. An authorized raffle event agent may advertise the qualified organization's raffle event in conjunction with an advertisement for the agent's business.
SOURCE: IC 4-32-9-17; (02)IN1218.1.6. -->     SECTION 6. IC 4-32-9-17 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 17. (a) A qualified organization shall maintain accurate records of all financial aspects of an allowable event under this article. A qualified organization shall make accurate reports of all financial aspects of an allowable event to the department within the time established by the department. The department may prescribe forms for this purpose. The department shall, by rule, require a qualified organization to deposit funds received from an allowable event in a separate and segregated account set up for that purpose. All expenses of the qualified organization with respect to an allowable event shall be paid from the separate account.
     (b) An authorized raffle event agent shall maintain accurate records of all raffle ticket sales made by the agent under an agreement with a qualified organization under section 15 of this chapter. An authorized raffle event agent shall submit the records, the proceeds of the sale, and all unsold raffle tickets to the qualified

organization at least twenty-four (24) hours before the qualified organization draws the winning raffle ticket. An authorized raffle event agent shall make accurate reports of the agent's raffle ticket sales to the department within the time established by the department. The department may prescribe forms for this purpose.

SOURCE: IC 4-32-9-23; (02)IN1218.1.7. -->     SECTION 7. IC 4-32-9-23 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 23. An operator, or a worker, or an authorized raffle event agent may not be a person who has been convicted of or entered a plea of nolo contendere to a felony committed in the preceding ten (10) years, regardless of the adjudication, unless the department determines that:
        (1) the person has been pardoned or the person's civil rights have been restored; or
        (2) subsequent to the conviction or entry of the plea, the person has engaged in the kind of good citizenship that would reflect well upon the integrity of the qualified organization and the department.
SOURCE: IC 4-32-9-24; (02)IN1218.1.8. -->     SECTION 8. IC 4-32-9-24 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 24. An employee of the department or a relative living in the same household with the employee of the department may not be an operator, or a worker, or an authorized raffle event agent.
SOURCE: IC 4-32-9-25; (02)IN1218.1.9. -->     SECTION 9. IC 4-32-9-25 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 25. (a) Except as provided in subsection (b), an operator, or a worker, or an authorized raffle event agent may not receive remuneration for:
        (1) preparing for;
        (2) conducting;
        (3) assisting in conducting;
        (4) cleaning up after; or
        (5) taking any other action in connection with;
an allowable event.
    (b) A qualified organization that conducts an allowable event may:
        (1) provide meals for the operators and workers during the allowable event; and
        (2) provide recognition dinners and social events for the operators and workers;
if the value of the meals and social events does not constitute a significant inducement to participate in the conduct of the allowable event.
SOURCE: IC 4-32-9-27; (02)IN1218.1.10. -->     SECTION 10. IC 4-32-9-27 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 27. An operator, or a

worker, or an authorized raffle event agent may not directly or indirectly participate, other than in a capacity as an operator, or a worker, or an authorized raffle event agent, in an allowable event that the operator, or worker, or authorized raffle event agent is conducting.