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
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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.