Bill Text: IN HB1512 | 2013 | Regular Session | Introduced
Bill Title: Charity gaming events.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-01-22 - First reading: referred to Committee on Public Policy [HB1512 Detail]
Download: Indiana-2013-HB1512-Introduced.html
Introduced Version
HOUSE BILL No. 1512
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 4-32.2.
Synopsis: Charity gaming events. Authorizes a qualified organization
to conduct a special event once per year under a license issued by the
gaming commission. Provides that a qualified organization may
conduct raffle events and door prize events at the special event.
Provides that the only additional allowable event that a qualified
organization may conduct on the date of a special event is a raffle event
under a separate raffle event license. Permits a qualified organization
to sell combination tickets for the special event on the Internet.
Provides that a combination ticket entitles the purchaser to any
combination of admission to the event, entertainment, a meal, and one
or more raffle tickets. Allows a qualified organization to accept credit
cards for the purchase of tickets to the special event. Requires a
qualified organization to report the expenditure of the proceeds of the
special event in addition to complying with the other reporting
requirements of the charity gaming law.
Effective: Upon passage.
VanNatter
January 22, 2013, read first time and referred to Committee on Public Policy.
Introduced
First Regular Session 118th General Assembly (2013)
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
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
HOUSE BILL No. 1512
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; (13)IN1512.1.1. -->
SECTION 1. IC 4-32.2-1-1, AS AMENDED BY P.L.95-2008,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: 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, special events, and other gaming events approved by the commission.
(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,
(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, special events, and other gaming events approved by the commission.
(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.
(d) This article does not apply to the following:
(1) A type II gambling game authorized by IC 4-36.
(2) A raffle or other gambling game authorized by IC 4-36-5-1(b).
SOURCE: IC 4-32.2-2-2; (13)IN1512.1.2. -->
SECTION 2. IC 4-32.2-2-2, AS ADDED BY P.L.91-2006,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 2. "Allowable event" means:
(1) a bingo event;
(2) a charity game night;
(3) a raffle;
(4) a door prize drawing;
(5) a festival;
(6) a sale of pull tabs, punchboards, or tip boards;or
(7) a special event; or
(7) (8) any other gambling event approved by the commission
under this article;
conducted by a qualified organization in accordance with this article and rules adopted by the commission under this article.
(1) a bingo event;
(2) a charity game night;
(3) a raffle;
(4) a door prize drawing;
(5) a festival;
(6) a sale of pull tabs, punchboards, or tip boards;
(7) a special event; or
conducted by a qualified organization in accordance with this article and rules adopted by the commission under this article.
SOURCE: IC 4-32.2-2-27.3; (13)IN1512.1.3. -->
SECTION 3. IC 4-32.2-2-27.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 27.3. "Special event" means
an allowable event conducted under a license issued under
IC 4-32.2-4-21.
SOURCE: IC 4-32.2-2-29.5; (13)IN1512.1.4. -->
SECTION 4. IC 4-32.2-2-29.5, AS AMENDED BY P.L.6-2012,
SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 29.5. "Volunteer ticket agent" means a person
acting on behalf of a qualified organization that:
(1) receives no compensation from the qualified organization;
(2) sells tickets to an allowable event held under a license issued under IC 4-32.2-4-8, IC 4-32.2-4-10,or IC 4-32.2-4-12, or
IC 4-32.2-4-21, or a single event license issued under
IC 4-32.2-4-16; and
(3) does not assist the qualified organization in conducting the allowable event in any other way.
(1) receives no compensation from the qualified organization;
(2) sells tickets to an allowable event held under a license issued under IC 4-32.2-4-8, IC 4-32.2-4-10,
(3) does not assist the qualified organization in conducting the allowable event in any other way.
SOURCE: IC 4-32.2-4-1; (13)IN1512.1.5. -->
SECTION 5. IC 4-32.2-4-1, AS ADDED BY P.L.91-2006,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 1. A qualified organization may conduct the
following activities in accordance with this article:
(1) A bingo event.
(2) A charity game night.
(3) A raffle event.
(4) A door prize event.
(5) A festival.
(6) The sale of pull tabs, punchboards, and tip boards.
(7) A special event.
(7) (8) Any other gambling event approved by the commission.
(1) A bingo event.
(2) A charity game night.
(3) A raffle event.
(4) A door prize event.
(5) A festival.
(6) The sale of pull tabs, punchboards, and tip boards.
(7) A special event.
SOURCE: IC 4-32.2-4-4; (13)IN1512.1.6. -->
SECTION 6. IC 4-32.2-4-4, AS AMENDED BY P.L.94-2012,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 4. (a) Each organization applying for a bingo
license, a special bingo license, a charity game night license, a raffle
license, a door prize drawing license, a festival license, a special event
license, or a license to conduct any other gambling event approved by
the commission must submit to the commission a written application
on a form prescribed by the commission. An organization applying for
an annual comprehensive charity gaming license must submit an
application under section 19 of this chapter.
(b) Except as provided in subsection (c), the application must include the information that the commission 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 where the organization will conduct the allowable event.
(5) The dates and times for the proposed allowable event.
(6) Sufficient facts relating to the organization or the organization's incorporation or founding to enable the commission 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 commission 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 commission.
(c) This subsection applies only to a qualified organization that conducts only one (1) allowable event in a calendar year. The commission may not require the inclusion in the qualified organization's application of the Social Security numbers of the
(b) Except as provided in subsection (c), the application must include the information that the commission 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 where the organization will conduct the allowable event.
(5) The dates and times for the proposed allowable event.
(6) Sufficient facts relating to the organization or the organization's incorporation or founding to enable the commission 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 commission 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 commission.
(c) This subsection applies only to a qualified organization that conducts only one (1) allowable event in a calendar year. The commission may not require the inclusion in the qualified organization's application of the Social Security numbers of the
workers who will participate in the qualified organization's proposed
allowable event. A qualified organization that files an application
described in this subsection must attach to the application a sworn
statement signed by the presiding officer and secretary of the
organization attesting that:
(1) the workers who will participate in the qualified organization's
proposed allowable event are eligible to participate under this
article; and
(2) the organization has not conducted any other allowable events
in the calendar year.
SOURCE: IC 4-32.2-4-14; (13)IN1512.1.7. -->
SECTION 7. IC 4-32.2-4-14, AS AMENDED BY P.L.94-2012,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 14. Except as provided in section 21 of this
chapter and IC 4-32.2-5-29, a qualified organization may hold more
than one (1) license at a time.
SOURCE: IC 4-32.2-4-21; (13)IN1512.1.8. -->
SECTION 8. IC 4-32.2-4-21 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 21. (a) The commission may issue a special
event license to a qualified organization if:
(1) the provisions of this section are satisfied; and
(2) the organization:
(A) submits an application in compliance with section 4 of this chapter; and
(B) pays the initial license fee charged under IC 4-32.2-6-2.
(b) A qualified organization must submit an application for a special event license at least six (6) months before the date of the special event. The commission shall approve or deny the license within two (2) months after receiving the application.
(c) A license issued under this section:
(1) authorizes the qualified organization to conduct one (1) special event in the calendar year in which the license is issued;
(2) must state the expiration date of the license; and
(3) 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 in the amount determined under IC 4-32.2-6-3.
(d) A license issued under this section authorizes a qualified organization to conduct door prize drawings and raffle events at a special event conducted in accordance with IC 4-32.2-5-32.
(e) The only additional allowable event that a qualified organization may conduct on the date of a special event is a raffle
(1) the provisions of this section are satisfied; and
(2) the organization:
(A) submits an application in compliance with section 4 of this chapter; and
(B) pays the initial license fee charged under IC 4-32.2-6-2.
(b) A qualified organization must submit an application for a special event license at least six (6) months before the date of the special event. The commission shall approve or deny the license within two (2) months after receiving the application.
(c) A license issued under this section:
(1) authorizes the qualified organization to conduct one (1) special event in the calendar year in which the license is issued;
(2) must state the expiration date of the license; and
(3) 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 in the amount determined under IC 4-32.2-6-3.
(d) A license issued under this section authorizes a qualified organization to conduct door prize drawings and raffle events at a special event conducted in accordance with IC 4-32.2-5-32.
(e) The only additional allowable event that a qualified organization may conduct on the date of a special event is a raffle
event licensed under section 8 of this chapter. However, the
qualified organization must apply for the raffle event license at
least six (6) months before the date of the special event and raffle
event. The qualified organization must inform the commission that
it is applying for both a raffle event license and a special event
license. The commission shall approve or deny the raffle event
license within two (2) months after receiving the application.
SOURCE: IC 4-32.2-5-28; (13)IN1512.1.9. -->
SECTION 9. IC 4-32.2-5-28, AS ADDED BY P.L.104-2011,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 28. (a) Subject to subsection (b), a qualified
organization may accept credit cards at an allowable event for the
purchase of:
(1) food and beverages;
(2) merchandise; and
(3) retail goods and services offered at a benefit auction.
(b) Except as provided in section 32 of this chapter, a qualified organization may not accept credit cards or extend credit to a player for the purchase of a:
(1) chance to play any game of chance offered at an allowable event; or
(2) licensed supply.
(1) food and beverages;
(2) merchandise; and
(3) retail goods and services offered at a benefit auction.
(b) Except as provided in section 32 of this chapter, a qualified organization may not accept credit cards or extend credit to a player for the purchase of a:
(1) chance to play any game of chance offered at an allowable event; or
(2) licensed supply.
SOURCE: IC 4-32.2-5-32; (13)IN1512.1.10. -->
SECTION 10. IC 4-32.2-5-32 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 32. (a) This section applies
only to a special event conducted under a license issued under
IC 4-32.2-4-21.
(b) A qualified organization may do any of the following in conducting a special event:
(1) Sell combination tickets entitling the purchaser to any combination of the following:
(A) Admission to the event.
(B) Entertainment.
(C) A meal.
(D) One (1) or more raffle tickets.
(2) Sell tickets to the special event through an Internet web site maintained by the qualified organization.
(3) Accept credit cards for the purchase of tickets to the special event.
(c) A qualified organization may advertise and sell tickets to the special event after filing an application for a license but before receiving the license if the qualified organization discloses within the advertisement that:
(1) a license application is pending before the commission; and
(2) all ticket sales are final, regardless of whether a license is issued.
(d) In addition to complying with the reporting requirements of section 5 of this chapter, a qualified organization shall report the expenditure of the proceeds of a special event to the commission on a form prescribed by the commission.
(b) A qualified organization may do any of the following in conducting a special event:
(1) Sell combination tickets entitling the purchaser to any combination of the following:
(A) Admission to the event.
(B) Entertainment.
(C) A meal.
(D) One (1) or more raffle tickets.
(2) Sell tickets to the special event through an Internet web site maintained by the qualified organization.
(3) Accept credit cards for the purchase of tickets to the special event.
(c) A qualified organization may advertise and sell tickets to the special event after filing an application for a license but before receiving the license if the qualified organization discloses within the advertisement that:
(1) a license application is pending before the commission; and
(2) all ticket sales are final, regardless of whether a license is issued.
(d) In addition to complying with the reporting requirements of section 5 of this chapter, a qualified organization shall report the expenditure of the proceeds of a special event to the commission on a form prescribed by the commission.
SOURCE: IC 4-32.2-6-3; (13)IN1512.1.11. -->
SECTION 11. IC 4-32.2-6-3, AS AMENDED BY P.L.94-2012,
SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 3. (a) This subsection does not apply to the
renewal of a license issued under IC 4-32.2-4-6, IC 4-32.2-4-7,
IC 4-32.2-4-8, IC 4-32.2-4-10, IC 4-32.2-4-12, or IC 4-32.2-4-20, or
IC 4-32.2-4-21, or a single event license issued under IC 4-32.2-4-16.
A qualified organization's adjusted gross revenue is an amount equal
to the difference between:
(1) the qualified organization's total gross revenue from allowable events in the preceding year; minus
(2) the sum of any amounts deducted under IC 4-32.2-5-3(b)(5) in the preceding year.
(b) This subsection applies only to the renewal of a license issued under IC 4-32.2-4-6, IC 4-32.2-4-7, IC 4-32.2-4-8, IC 4-32.2-4-10,or
IC 4-32.2-4-12, or IC 4-32.2-4-21, or a single event license issued
under IC 4-32.2-4-16. A qualified organization's adjusted gross revenue
is an amount equal to the difference between:
(1) the qualified organization's total gross revenue from the preceding event; minus
(2) any amount deducted under IC 4-32.2-5-3(b)(5) for the preceding event.
(c) This subsection does not apply to the renewal of an annual comprehensive charity gaming license issued under IC 4-32.2-4-20. The license fee that is charged to a qualified organization that renews a license is equal to the amount determined according to the following schedule using the adjusted gross revenue of the qualified organization as specified by subsection (a) or (b), as applicable:
Class Adjusted Gross Revenues Fee
At Least But Less Than
A $ 0 $ 15,000 $ 50
B $ 15,000 $ 25,000 $ 100
C $ 25,000 $ 50,000 $ 300
D $ 50,000 $ 75,000 $ 400
E $ 75,000 $ 100,000 $ 700
F $ 100,000 $ 150,000 $ 1,000
G $ 150,000 $ 200,000 $ 1,500
H $ 200,000 $ 250,000 $ 1,800
I $ 250,000 $ 300,000 $ 2,500
J $ 300,000 $ 400,000 $ 3,250
K $ 400,000 $ 500,000 $ 5,000
L $ 500,000 $ 750,000 $ 6,750
M $ 750,000 $ 1,000,000 $ 9,000
N $ 1,000,000 $ 1,250,000 $ 11,000
O $ 1,250,000 $ 1,500,000 $ 13,000
P $ 1,500,000 $ 1,750,000 $ 15,000
Q $ 1,750,000 $ 2,000,000 $ 17,000
R $ 2,000,000 $ 2,250,000 $ 19,000
S $ 2,250,000 $ 2,500,000 $ 21,000
T $ 2,500,000 $ 3,000,000 $ 24,000
U $ 3,000,000 $ 26,000
(d) This subsection applies only to the renewal of an annual comprehensive charity gaming license issued under IC 4-32.2-4-20. The license fee that is charged to a qualified organization that renews a license is equal to the amount determined according to the following schedule using the aggregate adjusted gross revenue of the Indiana affiliates of the qualified organization as specified by section 3.5 of this chapter:
Class Adjusted Gross Revenues Fee
At Least But Less Than
A $ 0 $ 15,000 $ 50
B $ 15,000 $ 25,000 $ 100
C $ 25,000 $ 50,000 $ 300
D $ 50,000 $ 75,000 $ 400
E $ 75,000 $ 100,000 $ 700
F $ 100,000 $ 150,000 $ 1,000
G $ 150,000 $ 200,000 $ 1,500
H $ 200,000 $ 250,000 $ 1,800
I $ 250,000 $ 300,000 $ 2,500
J $ 300,000 $ 400,000 $ 3,250
K $ 400,000 $ 500,000 $ 5,000
L $ 500,000 $ 750,000 $ 6,750
M $ 750,000 $ 1,000,000 $ 9,000
N $ 1,000,000 $ 1,250,000 $ 11,000
O $ 1,250,000 $ 1,500,000 $ 13,000
P $ 1,500,000 $ 1,750,000 $ 15,000
Q $ 1,750,000 $ 2,000,000 $ 17,000
R $ 2,000,000 $ 2,250,000 $ 19,000
S $ 2,250,000 $ 2,500,000 $ 21,000
T $ 2,500,000 $ 3,000,000 $ 24,000
U $ 3,000,000 $ 26,000
(1) the qualified organization's total gross revenue from allowable events in the preceding year; minus
(2) the sum of any amounts deducted under IC 4-32.2-5-3(b)(5) in the preceding year.
(b) This subsection applies only to the renewal of a license issued under IC 4-32.2-4-6, IC 4-32.2-4-7, IC 4-32.2-4-8, IC 4-32.2-4-10,
(1) the qualified organization's total gross revenue from the preceding event; minus
(2) any amount deducted under IC 4-32.2-5-3(b)(5) for the preceding event.
(c) This subsection does not apply to the renewal of an annual comprehensive charity gaming license issued under IC 4-32.2-4-20. The license fee that is charged to a qualified organization that renews a license is equal to the amount determined according to the following schedule using the adjusted gross revenue of the qualified organization as specified by subsection (a) or (b), as applicable:
Class Adjusted Gross Revenues Fee
At Least But Less Than
A $ 0 $ 15,000 $ 50
B $ 15,000 $ 25,000 $ 100
C $ 25,000 $ 50,000 $ 300
D $ 50,000 $ 75,000 $ 400
E $ 75,000 $ 100,000 $ 700
F $ 100,000 $ 150,000 $ 1,000
G $ 150,000 $ 200,000 $ 1,500
H $ 200,000 $ 250,000 $ 1,800
I $ 250,000 $ 300,000 $ 2,500
J $ 300,000 $ 400,000 $ 3,250
K $ 400,000 $ 500,000 $ 5,000
L $ 500,000 $ 750,000 $ 6,750
M $ 750,000 $ 1,000,000 $ 9,000
N $ 1,000,000 $ 1,250,000 $ 11,000
O $ 1,250,000 $ 1,500,000 $ 13,000
P $ 1,500,000 $ 1,750,000 $ 15,000
Q $ 1,750,000 $ 2,000,000 $ 17,000
R $ 2,000,000 $ 2,250,000 $ 19,000
S $ 2,250,000 $ 2,500,000 $ 21,000
T $ 2,500,000 $ 3,000,000 $ 24,000
U $ 3,000,000 $ 26,000
(d) This subsection applies only to the renewal of an annual comprehensive charity gaming license issued under IC 4-32.2-4-20. The license fee that is charged to a qualified organization that renews a license is equal to the amount determined according to the following schedule using the aggregate adjusted gross revenue of the Indiana affiliates of the qualified organization as specified by section 3.5 of this chapter:
Class Adjusted Gross Revenues Fee
At Least But Less Than
A $ 0 $ 15,000 $ 50
B $ 15,000 $ 25,000 $ 100
C $ 25,000 $ 50,000 $ 300
D $ 50,000 $ 75,000 $ 400
E $ 75,000 $ 100,000 $ 700
F $ 100,000 $ 150,000 $ 1,000
G $ 150,000 $ 200,000 $ 1,500
H $ 200,000 $ 250,000 $ 1,800
I $ 250,000 $ 300,000 $ 2,500
J $ 300,000 $ 400,000 $ 3,250
K $ 400,000 $ 500,000 $ 5,000
L $ 500,000 $ 750,000 $ 6,750
M $ 750,000 $ 1,000,000 $ 9,000
N $ 1,000,000 $ 1,250,000 $ 11,000
O $ 1,250,000 $ 1,500,000 $ 13,000
P $ 1,500,000 $ 1,750,000 $ 15,000
Q $ 1,750,000 $ 2,000,000 $ 17,000
R $ 2,000,000 $ 2,250,000 $ 19,000
S $ 2,250,000 $ 2,500,000 $ 21,000
T $ 2,500,000 $ 3,000,000 $ 24,000
U $ 3,000,000 $ 26,000
SOURCE: ; (13)IN1512.1.12. -->
SECTION 12. An emergency is declared for this act.
