Reprinted
February 20, 2007
HOUSE BILL No. 1510
_____
DIGEST OF HB 1510
(Updated February 19, 2007 4:53 pm - DI 92)
Citations Affected: IC 4-32.2.
Synopsis: Charity gaming. Makes numerous changes to the laws
concerning charity gaming licenses and the participants in charity
gaming. Authorizes the gaming commission to issue an annual license
permitting a qualified organization to sell pull tabs, punchboards, and
tip boards at any time on the premises owned or leased by the qualified
organization and regularly used for the activities of the qualified
organization. Authorizes an annual charity game night license.
Specifies that state educational institutions are qualified organizations.
Specifies the conditions for conducting raffles and door prize drawings
applicable to a candidate's committee. Makes certain changes
concerning manufacturers and distributors of charity gaming supplies.
Makes certain changes concerning the gaming commission's
administration of charity gaming.
Effective: July 1, 2007.
Van Haaften, Whetstone
January 23, 2007, read first time and referred to Committee on Public Policy.
February 15, 2007, amended, reported _ Do Pass.
February 19, 2007, read second time, amended, ordered engrossed.
Reprinted
February 20, 2007
First Regular Session 115th General Assembly (2007)
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
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
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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 2006 Regular Session of the General Assembly.
HOUSE BILL No. 1510
A BILL FOR AN ACT to amend the Indiana Code concerning
gaming.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 4-32.2-1-1; (07)HB1510.2.1. -->
SECTION 1. IC 4-32.2-1-1, AS ADDED BY P.L.91-2006,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 1. (a) This article applies only to a qualified
organization.
(b) This article applies only to the following approved gambling
events conducted as fundraising activities by qualified
organizations:
(1) Bingo events, charity game nights, door prize events, raffle
events, festivals, and other gaming events approved by the
commission. and
(2) The sale of pull tabs, punchboards, and tip boards:
(A) at bingo events, charity game nights, door prize events,
raffle events, and festivals conducted by qualified
organizations; or
(B) at any time on the premises owned or leased by a qualified
organization and regularly used for the activities of the
qualified organization.
This article does not apply to any other sale of pull tabs,
punchboards, and tip boards.
(c) This article does not apply to a promotion offer subject to
IC 24-8.
SOURCE: IC 4-32.2-1-3; (07)HB1510.2.2. -->
SECTION 2. IC 4-32.2-1-3, AS ADDED BY P.L.91-2006,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 3. A bingo event, charity game night, door prize
drawing, or raffle, festival event, or other charity gambling event
licensed under IC 4-32.2-4-16 is not allowed in Indiana unless it is
conducted by a qualified organization in accordance with this article.
SOURCE: IC 4-32.2-2-15; (07)HB1510.2.3. -->
SECTION 3. IC 4-32.2-2-15, AS ADDED BY P.L.91-2006,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 15. "Door prize" means a prize awarded to a
person based solely upon the person's paid attendance at an a charity
fundraising event or the purchase of a ticket to attend an a charity
fundraising event.
SOURCE: IC 4-32.2-2-18.5; (07)HB1510.2.4. -->
SECTION 4. IC 4-32.2-2-18.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 18.5. "Full-time employee"
means an individual who:
(1) is and has been employed by a particular qualified
organization for at least ninety (90) consecutive days as of the
date of the qualified organization's allowable event; and
(2) works at least an average of thirty-two (32) hours per
week or one thousand six hundred sixty-two (1,662) hours per
year for the qualified organization.
SOURCE: IC 4-32.2-2-20.5; (07)HB1510.2.5. -->
SECTION 5. IC 4-32.2-2-20.5, AS ADDED BY P.L.91-2006,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 20.5. "Member" means any of the following:
(1) An individual entitled to membership in a qualified
organization under the bylaws, articles of incorporation, charter,
or rules of the qualified organization.
(2) A member of the qualified organization's auxiliary.
(3) In the case of a qualified organization that is a public or
nonpublic school (as defined in IC 20-18-2-12), either any of the
following:
(A) A parent of a child enrolled in the school.
(B) A member of the school's parent organization.
(C) A member of the school's alumni association.
(D) An employee of the school.
(E) An officer of the school.
(F) A student enrolled in the school.
(4) A member of a qualified organization's board of directors
or board of trustees.
SOURCE: IC 4-32.2-2-21.5; (07)HB1510.2.6. -->
SECTION 6. IC 4-32.2-2-21.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 21.5. "PPT license" refers to a
license issued to a qualified organization under IC 4-32.2-4-16.5.
SOURCE: IC 4-32.2-2-24; (07)HB1510.2.7. -->
SECTION 7. IC 4-32.2-2-24, AS ADDED BY P.L.91-2006,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 24. (a) "Qualified organization" means:
(1) a bona fide religious, educational, senior citizens, veterans, or
civic organization operating in Indiana that:
(A) operates without profit to the organization's members;
(B) is exempt from taxation under Section 501 of the Internal
Revenue Code; and
(C) has been continuously in existence in Indiana for at least
five (5) years or is affiliated with a parent organization that has
been in existence in Indiana for at least five (5) years; or
(2) a bona fide political organization operating in Indiana that
produces exempt function income (as defined in Section 527 of
the Internal Revenue Code); or
(3) a state educational institution (as defined in
IC 20-12-0.5-1).
(b) For purposes of IC 4-32.2-4-3, a "qualified organization"
includes the following:
(1) A hospital licensed under IC 16-21.
(2) A health facility licensed under IC 16-28.
(3) A psychiatric facility licensed under IC 12-25.
(4) An organization defined in subsection (a).
(c) For purposes of IC 4-32.2-4-10, a "qualified organization"
includes a bona fide business organization.
SOURCE: IC 4-32.2-2-30; (07)HB1510.2.8. -->
SECTION 8. IC 4-32.2-2-30, AS ADDED BY P.L.91-2006,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 30. "Worker" means an individual who helps or
participates in any manner in preparing for, conducting or assisting in
conducting cleaning up after, or taking any other action in connection
with an allowable event under this article.
SOURCE: IC 4-32.2-3-4; (07)HB1510.2.9. -->
SECTION 9. IC 4-32.2-3-4, AS ADDED BY P.L.91-2006,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 4. (a) The commission has the sole authority to
license entities under this article to sell, distribute, or manufacture the
following:
(1) Bingo cards.
(2) Bingo boards.
(3) Bingo sheets.
(4) Bingo pads.
(5) Pull tabs.
(6) Punchboards.
(7) Tip boards.
(8) Any other supplies, devices, or equipment designed to be used
in allowable events designated by rule of the commission.
a licensed supply.
(b) Qualified organizations must obtain the materials described in
subsection (a) licensed supplies only from an entity licensed by the
commission.
(c) The commission may not limit the number of qualified entities
licensed under subsection (a).
(d) The commission may deny a license to an applicant for a
license to sell, manufacture, or distribute licensed supplies if the
commission determines that at least one (1) of the following applies
with respect to the applicant:
(1) The applicant has:
(A) violated a local ordinance, a state or federal statute, or
an administrative rule or regulation; or
(B) committed any other act harmful to the best interests
of charity gaming.
(2) The applicant has engaged in fraud, deceit, or
misrepresentation.
(3) The applicant has failed to provide information required
by this article or a rule adopted under this article.
SOURCE: IC 4-32.2-3-5; (07)HB1510.2.10. -->
SECTION 10. IC 4-32.2-3-5, AS ADDED BY P.L.91-2006,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 5. The commission shall charge appropriate fees
to the following:
(1) An applicant for a license to conduct an allowable event.
(2) An applicant seeking a license to distribute bingo supplies,
pull tabs, punchboards, or tip boards. a licensed supply.
(3) An applicant seeking a license to manufacture bingo supplies,
pull tabs, punchboards, or tip boards. a licensed supply.
SOURCE: IC 4-32.2-4-2.5; (07)HB1510.2.11. -->
SECTION 11. IC 4-32.2-4-2.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 2.5. The commission may deny a
license to an organization if the commission determines that at
least one (1) of the following applies with respect to the
organization:
(1) The organization has:
(A) violated a local ordinance, a state or federal statute, or
an administrative rule or regulation; or
(B) committed any other act harmful to the best interests
of charity gaming.
(2) The organization has engaged in fraud, deceit, or
misrepresentation.
(3) The organization has failed to provide information
required by this article or a rule adopted under this article.
(4) The organization has failed to provide sufficient
information to enable the commission to determine that the
organization is a qualified organization.
SOURCE: IC 4-32.2-4-3; (07)HB1510.2.12. -->
SECTION 12. IC 4-32.2-4-3, AS ADDED BY P.L.91-2006,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 3. (a) A qualified organization is not required to
obtain a license from the commission if the value of all prizes awarded
at the bingo event, charity game night, raffle event, or door prize event,
festival event, or other event licensed under section 16 of this
chapter, including prizes from pull tabs, punchboards, and tip boards,
does not exceed one thousand dollars ($1,000) for a single event and
not more than three thousand dollars ($3,000) during a calendar year.
(b) A qualified organization described in subsection (a) that plans
to hold a bingo an allowable event described in subsection (a) more
than one (1) time a year shall send an annual written notice to the
commission informing the commission of the following:
(1) The estimated frequency of the planned bingo allowable
events.
(2) The location or locations where the qualified organization
plans to hold the bingo allowable events.
(3) The estimated amount of revenue expected to be generated by
value of all prizes awarded at each bingo allowable event.
(c) The notice required under subsection (b) must be filed before the
earlier of the following:
(1) March 1 of each year.
(2) One (1) week before the qualified organization holds the first
bingo allowable event of the year.
(d) A qualified organization that conducts an allowable event
described in subsection (a) shall maintain accurate records of all
financial transactions of an the event. conducted under this section.
The commission may inspect records kept in compliance with this
section.
SOURCE: IC 4-32.2-4-5; (07)HB1510.2.13. -->
SECTION 13. IC 4-32.2-4-5, AS ADDED BY P.L.91-2006,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 5. (a) The commission may issue a bingo license
to a qualified organization if:
(1) the provisions of this section are satisfied; and
(2) the qualified organization:
(A) submits an application; and
(B) pays a fee set by the commission under IC 4-32.2-6.
(b) The commission may hold a public hearing to obtain input on
the proposed issuance of an annual bingo license to an applicant that
has never held an annual bingo license under this article.
(c) The first time that a qualified organization applies for an annual
bingo license, the commission qualified organization shall publish
notice that the application has been filed by publication at least two
(2) times, seven (7) days apart, as follows:
(1) In one (1) newspaper in the county where the qualified
organization is located.
(2) In one (1) newspaper in the county where the allowable
event will be conducted.
(d) The notification must be in accordance with IC 5-14-1.5-5 and
required by subsection (c) must contain the following:
(1) The name of the qualified organization and the fact that it has
applied for an annual bingo license.
(2) The location where the bingo events will be held.
(3) The names of the operator and officers of the qualified
organization.
(4) A statement that any person can protest the proposed issuance
of the annual bingo license.
(5) A statement that the commission shall hold a public hearing
if ten (10) written and signed protest letters are received by the
commission.
(6) The address of the commission where correspondence
concerning the application may be sent.
(d) (e) If the commission receives at least ten (10) protest letters, the
commission shall hold a public hearing in accordance with IC 5-14-1.5.
The commission shall issue a license or deny the application not later
than sixty (60) days after the date of the public hearing.
(e) (f) A license issued under this section:
(1) may authorize the qualified organization to conduct bingo
events on more than one (1) occasion during a period of one (1)
year;
(2) must state the locations of the permitted bingo events;
(3) must state the expiration date of the license; and
(4) may be reissued annually upon the submission of an
application for reissuance on the form established by the
commission and upon the licensee's payment of a fee set by the
commission.
(f) (g) Notwithstanding subsection
(e)(4), (f)(4), the commission
shall hold a public hearing for the reissuance of an annual bingo license
if
either of the following conditions are met:
(1) An applicant has been cited for a violation of law or a rule of
the commission.
or
(2) The commission finds, based upon investigation of at least
three (3) written and signed complaints alleging a violation of law
or a rule of the commission in connection with the bingo license,
that one (1) or more of the alleged violations:
(A) has occurred;
(B) is a type of violation that would allow the commission to
cite the applicant for a violation of a provision of this article or
of a rule of the commission; and
(C) has not been corrected after notice has been given by the
commission.
(2) The commission receives at least ten (10) protest letters
concerning the qualified organization's bingo operation.
(g) If the commission is required to hold a public hearing on an
application for a reissuance of an annual bingo license, it shall comply
with the same procedures required under this section for notice and for
conducting the hearing.
(h) The commission may deny a license if, after a public hearing,
the commission determines that the applicant:
(1) has violated a local ordinance; or
(2) has engaged in fraud, deceit, or misrepresentation.
SOURCE: IC 4-32.2-4-7.5; (07)HB1510.2.14. -->
SECTION 14. IC 4-32.2-4-7.5 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]:
Sec. 7.5. (a) The commission may issue
an annual charity game night license to a qualified organization if:
(1) the provisions of this section are satisfied; and
(2) the qualified organization:
(A) submits an application; and
(B) pays a fee set by the commission under IC 4-32.2-6.
(b) The commission may hold a public hearing to obtain input
on the proposed issuance of an annual charity game night license
to an applicant that has never held an annual charity game night
license under this article.
(c) The first time that a qualified organization applies for an
annual charity game night license, the qualified organization shall
publish notice that the application has been filed by publication at
least two (2) times, seven (7) days apart, as follows:
(1) In one (1) newspaper in the county where the qualified
organization is located.
(2) In one (1) newspaper in the county where the allowable
events will be conducted.
(d) The notification required by subsection (c) must contain the
following:
(1) The name of the qualified organization and the fact that it
has applied for an annual charity game night license.
(2) The location where the charity game night events will be
held.
(3) The names of the operator and officers of the qualified
organization.
(4) A statement that any person can protest the proposed
issuance of the annual charity game night license.
(5) A statement that the commission shall hold a public
hearing if ten (10) written and signed protest letters are
received by the commission.
(6) The address of the commission where correspondence
concerning the application may be sent.
(e) If the commission receives at least ten (10) protest letters, the
commission shall hold a public hearing in accordance with
IC 5-14-1.5. The commission shall issue a license or deny the
application not later than sixty (60) days after the date of the
public hearing.
(f) A license issued under this section:
(1) may authorize the qualified organization to conduct
charity game night events on more than one (1) occasion
during a period of one (1) year;
(2) must state the locations of the permitted charity game
night events;
(3) must state the expiration date of the license; and
(4) may be reissued annually upon the submission of an
application for reissuance on the form established by the
commission and upon the licensee's payment of a fee set by
the commission.
(g) Notwithstanding subsection (f)(4), the commission shall hold
a public hearing for the reissuance of an annual charity game night
license if either of the following conditions is met:
(1) An applicant has been cited for a violation of law or a rule
of the commission.
(2) The commission receives at least ten (10) protest letters
concerning the qualified organization's charity game night
operation.
SOURCE: IC 4-32.2-4-8; (07)HB1510.2.15. -->
SECTION 15. IC 4-32.2-4-8, AS ADDED BY P.L.91-2006,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 8. (a) The commission may issue a raffle license
to a qualified organization upon the organization's submission of an
application and payment of a fee determined under IC 4-32.2-6. The
license must:
(1) authorize the qualified organization to conduct a raffle event
at only one (1) time and location; and
(2) state the date, beginning and ending times, and location of the
raffle event.
(b) A qualified organization, by rule of the commission, may be
excused from the requirement of obtaining a license to conduct a raffle
event if the total market value of the prize or prizes to be awarded at
the raffle event does not exceed one thousand dollars ($1,000).
SOURCE: IC 4-32.2-4-9; (07)HB1510.2.16. -->
SECTION 16. IC 4-32.2-4-9, AS ADDED BY P.L.91-2006,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 9. (a) The commissioner commission may issue
an annual raffle license to a qualified organization upon the
organization's submission of an application and payment of a fee
determined under IC 4-32.2-6. The license must
(1) authorize the qualified organization to conduct not more than
five (5) raffle events in the calendar year in which the license is
issued; and
(2) state the date, beginning and ending times, and location of
each raffle event conducted by the qualified organization in the
calendar year.
if:
(1) the provisions of this section are satisfied; and
(2) the qualified organization:
(A) submits an application; and
(B) pays a fee set by the commission under IC 4-32.2-6.
(b) The application for an annual raffle prize license must
contain the following:
(1) The name of the qualified organization.
(2) The location where the raffle events will be held.
(3) The names of the operator and officers of the qualified
organization.
(c) A license issued under this section:
(1) may authorize the qualified organization to conduct raffle
events on more than one (1) occasion during a period of one
(1) year;
(2) must state the locations of the permitted raffle events;
(3) must state the expiration date of the license; and
(4) may be reissued annually upon the submission of an
application for reissuance on the form established by the
commission and upon the licensee's payment of a fee set by
the commission.
SOURCE: IC 4-32.2-4-10; (07)HB1510.2.17. -->
SECTION 17. IC 4-32.2-4-10, AS ADDED BY P.L.91-2006,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 10. (a) The commission may issue a door prize
license to a qualified organization upon the organization's submission
of an application and payment of a fee determined under IC 4-32.2-6.
The license must:
(1) authorize the qualified organization to conduct a door prize
event at only one (1) time and location; and
(2) state the date, beginning and ending times, and location of the
door prize event.
(b) A qualified organization, by rule of the commission, may be
excused from the requirement of obtaining a license to conduct a door
prize event if the total market value of the prize or prizes to be awarded
at the door prize event does not exceed one thousand dollars ($1,000).
SOURCE: IC 4-32.2-4-11; (07)HB1510.2.18. -->
SECTION 18. IC 4-32.2-4-11, AS ADDED BY P.L.91-2006,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 11. (a) The commission may issue an annual door
prize license to a qualified organization if:
(1) the provisions of this section are satisfied; and
(2) the qualified organization:
(A) submits an application; and
(B) pays a fee set by the commission under IC 4-32.2-6.
(b) The application for an annual door prize license must contain the
following:
(1) The name of the qualified organization.
(2) The location where the door prize events will be held.
(3) The names of the operator and officers of the qualified
organization.
(c) A license issued under this section:
(1) may authorize the qualified organization to conduct door prize
events on more than one (1) occasion during a period of one (1)
year;
(2) must state the locations of the permitted door prize events;
(3) must state the expiration date of the license; and
(4) may be reissued annually upon the submission of an
application for reissuance on the form established by the
commission and upon the licensee's payment of a fee set by the
commission.
(d) The commission may reject an application for an annual door
prize license if, after a public hearing, the commission determines that
the applicant:
(1) has violated a local ordinance; or
(2) has engaged in fraud, deceit, or misrepresentation.
SOURCE: IC 4-32.2-4-12; (07)HB1510.2.19. -->
SECTION 19. IC 4-32.2-4-12, AS ADDED BY P.L.91-2006,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 12. (a) The commission may issue a festival
license to a qualified organization upon the organization's submission
of an application and payment of a fee determined under IC 4-32.2-6.
The license must authorize the qualified organization to conduct bingo
events, charity game nights, one (1) raffle event, events, gambling
events licensed under section 16 of this chapter, and door prize
events and to sell pull tabs, punchboards, and tip boards. The license
must state the location and the dates, not exceeding four (4)
consecutive days, on which these activities may be conducted.
(b) Except as provided in IC 4-32.2-5-6(c), a qualified
organization may not conduct more than one (1) festival each year. at
which bingo events, charity game nights, raffle events, and door prize
events, are conducted and pull tabs, punchboards, and tip boards are
sold.
(c) The raffle event authorized by a festival license is not subject to
the prize limits set forth in this chapter. Bingo events, charity game
nights, and door prize events conducted at a festival are subject to the
prize limits set forth in this chapter.
SOURCE: IC 4-32.2-4-13; (07)HB1510.2.20. -->
SECTION 20. IC 4-32.2-4-13, AS ADDED BY P.L.91-2006,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 13. (a) A bingo license or special bingo license
may also authorize a qualified organization to conduct
raffle events
and 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:
(1) conduct
raffle events and door prize drawings; and
(2) sell pull tabs, punchboards, and tip boards;
at the charity game night.
(c) A raffle license
or an annual 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.
(d) A door prize license or an annual door prize license may also
authorize a qualified organization to conduct a raffle event and to sell
pull tabs, punchboards, and tip boards at the door prize event.
SOURCE: IC 4-32.2-4-14; (07)HB1510.2.21. -->
SECTION 21. IC 4-32.2-4-14, AS ADDED BY P.L.91-2006,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 14. A qualified organization may hold more than
one (1) license at a time. However, a qualified organization with
multiple licenses may not hold a bingo event and raffle at the same
event or at the same time and place unless, by express determination,
the commission allows a qualified organization to do so. The
commission may allow a qualified organization to conduct only one (1)
event each year at which both bingo and a raffle may be held.
SOURCE: IC 4-32.2-4-16; (07)HB1510.2.22. -->
SECTION 22. IC 4-32.2-4-16, AS ADDED BY P.L.91-2006,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 16. (a) This section applies to a gambling event
that is described in neither:
(1) section 1(1) through 1(6) of this chapter; nor
(2) IC 4-32.2-2-12(b).
(b) The commission may issue a single event license or an annual
event license to conduct a gambling event approved by the commission
to a qualified organization upon the organization's submission of an
application and payment of a fee determined under IC 4-32.2-6. The
(c) A single event license must:
(1) authorize the qualified organization to conduct the gambling
event at only one (1) time and location; and
(2) state the date, beginning and ending times, and location of the
gambling event.
(d) An annual event license:
(1) must authorize the qualified organization to conduct the
events on more than one (1) occasion during a period of one
(1) year;
(2) must state the locations of the permitted events;
(3) must state the expiration date of the license; and
(4) may be reissued annually upon the submission of an
application for reissuance on the form established by the
commission and upon the licensee's payment of a fee set by
the commission.
(c) (e) The commission may impose any condition upon a qualified
organization that is issued a license to conduct a gambling event under
this section.
SOURCE: IC 4-32.2-4-16.5; (07)HB1510.2.23. -->
SECTION 23. IC 4-32.2-4-16.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 16.5. (a) The commission may
issue an annual PPT license to a qualified organization upon the
organization's submission of an application and payment of a fee
determined under IC 4-32.2-6.
(b) A license issued under this section authorizes a qualified
organization to sell pull tabs, punchboards, and tip boards at any
time on the premises owned or leased by the qualified organization
and regularly used for the activities of the qualified organization.
(c) A license issued under this section is not required for the sale
of pull tabs, punchboards, and tip boards at another allowable
event as permitted under section 13 of this chapter.
(d) The application for an annual PPT license must contain the
following:
(1) The name of the qualified organization.
(2) The location where the qualified organization will sell pull
tabs, punchboards, and tip boards.
(3) The names of the operator and the officers of the qualified
organization.
SOURCE: IC 4-32.2-4-18; (07)HB1510.2.24. -->
SECTION 24. IC 4-32.2-4-18, AS ADDED BY P.L.91-2006,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 18. (a) With respect to any action authorized by
this section, a candidate's committee (as defined in IC 3-5-2-7) is
considered a bona fide political organization.
(b) A candidate's committee may apply for a license under section
8 of this chapter to conduct a raffle event. A candidate's committee may
not also conduct a door prize drawing but is prohibited from
conducting any other kind of allowable event.
(c) The following are subject to this article: chapter and
IC 4-32.2-6:
(1) A candidate's committee that applies for a license under
section 8 of this chapter.
(2) A raffle event or door prize drawing conducted by a
candidate's committee.
(d) The members of a candidate's committee may conduct an
event under this section without meeting the requirements of this
article concerning the membership of a qualified organization. A
candidate's committee licensed under this section must remain in
good standing with the election division or the county election
board having jurisdiction over the committee.
SOURCE: IC 4-32.2-5-3; (07)HB1510.2.25. -->
SECTION 25. IC 4-32.2-5-3, AS ADDED BY P.L.91-2006,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 3. (a) All net proceeds from an allowable event
and related activities may be used only for the lawful purposes of the
qualified organization.
(b) To determine the net proceeds from an allowable event, a
qualified organization shall subtract the following from the gross
receipts received from the allowable event:
(1) An amount equal to the total value of the prizes, including
door prizes, awarded at the allowable event.
(2) The sum of the purchase prices paid for licensed supplies
dispensed at the allowable event.
(3) An amount equal to the qualified organization's license fees
attributable to the allowable event.
(4) An amount equal to the advertising expenses incurred by the
qualified organization to promote the allowable event.
(5) An amount not to exceed two hundred dollars ($200) per
day for rent paid for facilities leased for an allowable event.
SOURCE: IC 4-32.2-5-6; (07)HB1510.2.26. -->
SECTION 26. IC 4-32.2-5-6, AS ADDED BY P.L.91-2006,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 6. (a) A qualified organization may not conduct
more than three (3) allowable events during a calendar week and not
more than one (1) allowable event each day.
(b) Except as provided in IC 4-32.2-4-12 and IC 4-32.2-4-16.5,
allowable events may not be held on more than two (2) consecutive
days.
(c) A bona fide civic qualified organization may conduct one (1)
additional allowable event during each six (6) months of a calendar
year.
SOURCE: IC 4-32.2-5-8; (07)HB1510.2.27. -->
SECTION 27. IC 4-32.2-5-8, AS ADDED BY P.L.91-2006,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 8. (a)
Except as provided in subsection (d), If
facilities are leased for an allowable event, the rent may not
(1) be based in whole or in part on the revenue generated from the
event.
or
(2) exceed two hundred dollars ($200) per day.
(b) A facility may not be rented for more than three (3) days during
a calendar week for an allowable event.
(c) If personal property is leased for an allowable event, the rent
may not be based in whole or in part on the revenue generated from the
event.
(d) If a qualified organization conducts an allowable event in
conjunction with or at the same facility where the qualified
organization or its affiliate is having a convention or other meeting of
its membership, facility rent for the allowable event may exceed two
hundred dollars ($200) per day. A qualified organization may conduct
only one (1) allowable event under this subsection in a calendar year.
SOURCE: IC 4-32.2-5-12; (07)HB1510.2.28. -->
SECTION 28. IC 4-32.2-5-12, AS ADDED BY P.L.91-2006,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 12. (a) Except as provided in subsection (b), an
operator or a worker who is not a full-time employee may not receive
remuneration for:
(1) preparing for;
(2) (1) conducting; or
(3) (2) 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 4-32.2-5-16; (07)HB1510.2.29. -->
SECTION 29. IC 4-32.2-5-16, AS ADDED BY P.L.91-2006,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 16. (a) Except as provided in subsection (b), a
worker must be a member in good standing of a qualified organization
that is conducting an allowable event for at least thirty (30) days at the
time of the allowable event.
(b) A qualified organization may allow an individual who is not a
member of the qualified organization to participate in an allowable
event as a worker if
the individual is a full-time employee of the
qualified organization that is conducting the allowable event or if:
(1) the individual is a member of another qualified organization;
and
(2) the individual's participation is approved by the commission.
A qualified organization may apply to the commission on a form
prescribed by the commission for approval of the participation of a
nonmember under this subsection. A qualified organization may share
the proceeds of an allowable event with the qualified organization in
which a worker participating in the allowable event under this
subsection is a member. The tasks that will be performed by an
individual participating in an allowable event under this subsection and
the amounts shared with the individual's qualified organization must be
described in the application and approved by the commission.
(c) For purposes of:
(1) the licensing requirements of this article; and
(2) section 9 of this chapter;
a qualified organization that receives a share of the proceeds of an
allowable event described in subsection (b) is not considered to be
conducting an allowable event.
SOURCE: IC 4-32.2-5-22; (07)HB1510.2.30. -->
SECTION 30. IC 4-32.2-5-22, AS ADDED BY P.L.91-2006,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 22. If an owner, employee, or officer of a
manufacturer or distributor is a member of a bona fide civic or bona
fide religious qualified organization that holds a charity gaming
license, the owner's, employee's, or officer's membership in the
organization may not be construed as an affiliation with the
organization's charity gaming operations.
SOURCE: IC 4-32.2-8-1; (07)HB1510.2.31. -->
SECTION 31. IC 4-32.2-8-1, AS ADDED BY P.L.91-2006,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 1. (a) The commission may suspend or revoke the
license of or levy a civil penalty against a qualified organization, a
manufacturer, a distributor, or an individual under this article for
any of the following:
(1) Violation of a provision of this article or of a rule of the
commission.
(2) Failure to accurately account for
(A) bingo cards;
(B) bingo boards;
(C) bingo sheets;
(D) bingo pads;
(E) pull tabs;
(F) punchboards; or
(G) tip boards.
a licensed supply.
(3) Failure to accurately account for sales proceeds from an event
or activity licensed or permitted under this article.
(4) Commission of a fraud, deceit, or misrepresentation.
(5) Conduct prejudicial to public confidence in the commission.
(b) If a violation is of a continuing nature, the commission may
impose a civil penalty upon a licensee or an individual for each day the
violation continues.
SOURCE: IC 4-32.2-9-2; (07)HB1510.2.32. -->
SECTION 32. IC 4-32.2-9-2, AS ADDED BY P.L.91-2006,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 2. An employee of the commission may do any of
the following:
(1) Investigate an alleged violation of this article.
(2) Arrest an alleged violator of this article. or of a rule adopted
by the commission.
(3) Enter upon the following premises for the performance of the
employee's lawful duties:
(A) A location where a bingo event, charity game night,
festival event, raffle, or door prize drawing, or other charity
gambling event licensed under IC 4-32.2-4-16 is being
conducted.
(B) A location where pull tabs, tip boards, or punchboards are
being purchased, sold, manufactured, printed, or stored.
(4) Take necessary equipment from the premises for further
investigation.
(5) Obtain full access to all financial records of the entity upon
request.
(6) If there is a reason to believe that a violation has occurred,
search and inspect the premises where the violation is alleged to
have occurred or is occurring. A search under this subdivision
may not be conducted unless a warrant has first been obtained by
the executive director. A contract entered into by the executive
director may not include a provision allowing for warrantless
searches. A warrant may be obtained in the county where the
search will be conducted or in Marion County.
(7) Seize or take possession of:
(A) papers;
(B) records;
(C) tickets;
(D) currency; or
(E) other items;
related to an alleged violation.
SOURCE: IC 4-32.2-9-3; (07)HB1510.2.33. -->
SECTION 33. IC 4-32.2-9-3, AS ADDED BY P.L.91-2006,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 3. (a) The commission shall conduct
investigations necessary to ensure the security and integrity of the
operation of games of chance under this article. The commission may
conduct investigations of the following:
(1) Licensed qualified organizations.
(2) Applicants for licenses issued under this article.
(3) Licensed manufacturers and distributors.
(3) Entities that sell, manufacture, or distribute licensed
supplies.
(4) Employees of the commission under this article.
(5) Applicants for contracts or employment with the commission
under this article.
(6) Individuals engaged in conducting allowable events.
(b) The commission may require persons subject to an investigation
under subsection (a) to provide information, including fingerprints, that
is:
(1) required by the commission to carry out the investigation; or
(2) otherwise needed to facilitate access to state and criminal
history information.
SOURCE: IC 4-32.2-9-6; (07)HB1510.2.34. -->
SECTION 34. IC 4-32.2-9-6, AS ADDED BY P.L.91-2006,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 6. (a) This section applies only to products sold in
Indiana.
(b) If a licensed manufacturer or distributor destroys, discontinues,
or otherwise renders unusable
(1) bingo supplies;
(2) punchboards; or
(3) tip boards;
a licensed supply, the manufacturer or distributor shall provide the
commission with a written list of the items destroyed, discontinued, or
rendered otherwise unusable.
(c) The list required under subsection (b) must contain the following
information concerning the items destroyed, discontinued, or rendered
otherwise unusable:
(1) The quantity.
(2) A description.
(3) The serial numbers.
(4) The date the items were destroyed, discontinued, or rendered
otherwise unusable.
(d) Notwithstanding subsection (b), this section does not apply to a
product considered defective by the manufacturer or distributor.
SOURCE: IC 4-32.2-9-8; (07)HB1510.2.35. -->
SECTION 35. IC 4-32.2-9-8, AS ADDED BY P.L.91-2006,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 8. A manufacturer or distributor of supplies,
devices, or equipment described in IC 4-32.2-3-4(a) a licensed supply
to be used in charity gaming in Indiana must file a quarterly report
listing the manufacturer's or distributor's sales of the supplies, devices,
and equipment. licensed supply.
SOURCE: IC 4-32.2-5-7; (07)HB1510.2.36. -->
SECTION 36. IC 4-32.2-5-7 IS REPEALED [EFFECTIVE JULY
1, 2007].