Bill Text: IN SB0315 | 2012 | Regular Session | Enrolled
Bill Title: Charity gaming.
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Enrolled - Dead) 2012-03-16 - Signed by the Governor [SB0315 Detail]
Download: Indiana-2012-SB0315-Enrolled.html
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AN ACT to amend the Indiana Code concerning gaming.
(1) operates without profit to the organization's members;
(2) is exempt from taxation under Section 501 of the Internal Revenue Code;
(3) is related in both its mission and organization to a bona fide national organization; and
(4) has provided grants to Indiana organizations in aggregate amounts that annually exceed fifty thousand dollars ($50,000) in each of the three (3) calendar years preceding the calendar year in which the organization applies for a license under this article.
(1) operates without profit to the organization's members;
(2) is exempt from taxation under Section 501 of the Internal Revenue Code;
(3) has a national membership; and
(4) has been continuously in existence in Indiana for at least three (3) years.
(1) An Indiana chapter or other subdivision of a bona fide national organization that:
(A) operates without profit to the organization's members; and
(B) is exempt from taxation under Section 501 of the Internal Revenue Code.
(2) An association, whether incorporated or not, or a committee of Indiana residents authorized by a bona fide national foundation to conduct allowable events and other fundraising events for the benefit of the bona fide national foundation.
(1) Euchre.
(2) Texas hold'em poker.
(3) Omaha poker.
(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) satisfies at least one (1) of the following requirements:
(i) The organization has been continuously in existence in Indiana for at least
(ii) The organization is affiliated with a parent organization that has been in existence in Indiana for at least
(iii) The organization has reorganized and is continuing its mission under a new name on file with the Indiana secretary of state and with a new tax identification number after
having satisfied the requirements set forth in either item (i)
or (ii).
(2) A bona fide political organization operating in Indiana that
produces exempt function income (as defined in Section 527 of
the Internal Revenue Code).
(3) A state educational institution (as defined in IC 21-7-13-32).
(4) A bona fide national organization operating in Indiana.
(5) A bona fide national foundation.
(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.
(d) Evidence that an organization satisfies subsection (a)(1)(C)(iii)
includes:
(1) evidence of the organization's continued use of a service mark
or trademarked logo associated with the organization's former
name;
(2) evidence of the continuity of the organization's activities as
shown in the federal income tax returns filed for the organization's
five (5) three (3) most recent taxable years;
(3) evidence of the continuity of the organization's activities as
shown by the five (5) three (3) most recent annual external
financial reviews of the organization prepared by a certified
public accountant; or
(4) any other information considered sufficient by the
commission.
(e) Unless the construction is plainly repugnant to the intent of
the general assembly or the context of the statute, "qualified
organization" refers to an Indiana affiliate of a bona fide national
organization or bona fide national foundation.
(b) The following are not considered workers for the purposes of this article:
(1) A patron dealing
(2) A volunteer ticket agent.
(1) Administering this article.
(2) Establishing the conditions under which charity gaming in Indiana may be conducted, including the manner in which a qualified organization may supervise a
(3) Providing for the prevention of practices detrimental to the public interest and providing for the best interests of charity gaming.
(4) Establishing rules concerning inspection of qualified organizations and the review of the licenses necessary to conduct charity gaming.
(5) Imposing penalties for noncriminal violations of this article.
(6) Establishing standards for independent audits conducted under IC 4-32.2-5-5.
(b) The commission may adopt emergency rules under IC 4-22-2-37.1 if the commission determines that:
(1) the need for a rule is so immediate and substantial that rulemaking procedures under IC 4-22-2-13 through IC 4-22-2-36 are inadequate to address the need; and
(2) an emergency rule is likely to address the need.
(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.
(b) The application must include the information 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 mailing address of each Indiana affiliate of the organization.
(4) An estimate of the number and approximate locations of the raffle events and door prize events the organization's Indiana affiliates plan to conduct.
(5) Sufficient facts relating to the organization or the organization's incorporation or founding to enable the commission to determine whether the organization is a bona fide national organization or a bona fide national foundation.
(6) 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.
(7) 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.
(1) bona fide national organization; or
(2) bona fide national foundation.
(b) The commission may issue an annual comprehensive charity gaming 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 19 of this chapter; and
(B) pays a fee in the amount set by IC 4-32.2-6.
(c) A license issued under this section:
(1) may authorize the qualified organization to conduct raffle events and door prize events through the organization's Indiana affiliates on more than one (1) occasion during a period of one (1) year;
(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 set by IC 4-32.2-6.
(d) A license issued under this section authorizes a qualified
organization to:
(1) conduct door prize drawings at a raffle event held under
the license; and
(2) conduct raffles at a door prize event held under the license.
(1) must be qualified to serve as an operator under this article; and
(2) in the case of a qualified organization holding an annual comprehensive charity gaming license issued under IC 4-32.2-4-20, must be a member of the Indiana affiliate conducting the particular event.
(b) A qualified organization holding an annual comprehensive charity gaming license may do the following:
(1) Designate an individual qualified under subsection (a)(2) to serve as the operator of raffle events and door prize events conducted by two (2) or more Indiana affiliates of the qualified organization.
(2) Designate a full-time employee of the qualified organization as the operator of a raffle or door prize event conducted by an Indiana affiliate of the qualified organization if the employee is qualified under subsection (a)(2).
unless the qualified organization is required to withhold adjusted gross
income tax from the prize winner under IC 6-3-4-8.2(d).
(b) The commission 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. A qualified organization
conducting raffle events and door prize events under an annual
comprehensive charity gaming license shall deposit the funds
received from each raffle or door prize event conducted by its
separate Indiana affiliates into a single account maintained by a
financial institution physically located in Indiana. All expenses of
the qualified organization with respect to an allowable event shall be
paid from the separate account.
(c) The commission may require a qualified organization to submit
any records maintained under this section for an independent audit by
a certified public accountant selected by the commission. A qualified
organization must bear the cost of any audit required under this section.
(d) The following reports must be submitted to the commission
with respect to the raffle events and door prize events conducted
under an annual comprehensive charity gaming license:
(1) An event summary report for each raffle or door prize
event conducted under the license. Reports required under
this subdivision may be submitted by the Indiana affiliate of
the qualified organization.
(2) One (1) annual license financial report.
(3) One (1) annual license gross receipts report.
(b) Except as provided in section 29 of this chapter, IC 4-32.2-4-9, 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 qualified organization may conduct one (1) additional festival event during each six (6) months of a calendar year.
(b) A patron at a charity game night may deal the cards in a card game if:
(1) the card game in which the patron deals the cards is a qualified card game;
(2) the patron deals the cards in the manner required in the ordinary course of the qualified card game;
(3) the
A patron who deals the cards in a
(c) A worker at a festival event may participate as a player in any gaming activity offered at the festival event except as follows:
(1) A worker may not participate in any game during the time in which the worker is conducting or helping to conduct the game.
(2) A worker who conducts or helps to conduct a pull tab, punchboard, or tip board event during a festival event may not participate as a player in a pull tab, punchboard, or tip board event conducted on the same calendar day.
(d) A worker at a bingo event:
(1) whose duties are limited to:
(A) selling bingo supplies;
(B) selling tickets for a door prize drawing or raffle conducted at the bingo event; or
(C) the duties described in both clauses (A) and (B);
(2) who has completed all of the worker's duties before the start
of the first bingo game of the bingo event; and
(3) who is not engaged as a worker at any other time during the
bingo event;
may participate as a player in any gaming activity offered at the bingo
event following the completion of the worker's duties at the bingo
event.
(e) A worker at a raffle event conducted by a qualified
organization holding an annual comprehensive charity gaming
license issued under IC 4-32.2-4-20 may purchase a raffle ticket for
a particular drawing at the raffle event unless:
(1) the worker personally sold tickets for; or
(2) the worker otherwise personally participated in the
conduct of;
that particular drawing.
(1) Patrons may take turns dealing, but a patron may not play in a hand for which the patron deals the cards.
(2) The dealer shall submit the deck of cards to be cut to the nearest player to the right of the dealer.
(3) A blank card must be at the bottom of the deck of cards.
(4) The operator or a worker shall deal the cards at the final table of a tournament.
(b) For purposes of section 15 of this chapter, an individual is considered a member in good standing of the qualified organization and an Indiana affiliate of the qualified organization if the individual meets the following criteria:
(1) The individual is an Indiana resident.
(2) The individual has been a member in good standing of a bona fide national organization that is related to the bona fide national foundation for at least one (1) year.
(3) The individual's authority to serve as an operator for the qualified organization has been acknowledged by the qualified organization on a form prescribed by the commission.
(c) For purposes of section 16(a) of this chapter, an individual is considered a member in good standing of the qualified organization and an Indiana affiliate of the qualified organization if the individual meets the following criteria:
(1) The individual is an Indiana resident.
(2) The individual has been a member in good standing of a bona fide national organization that is related to the bona fide national foundation for at least thirty (30) days.
(3) The individual's authority to serve as a worker for the qualified organization has been acknowledged by the qualified organization on a form prescribed by the commission.
(1) section 12(c) of this chapter;
(2) section 15.5 of this chapter; and
(3) subsection (b);
a worker at an allowable event must be a member in good standing of the qualified organization that is conducting the 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.
(b) An Indiana affiliate of a qualified organization may conduct a raffle or door prize event without obtaining a separate license for itself. A raffle or door prize event conducted by the Indiana affiliate is considered an event conducted by the qualified organization.
(c) A qualified organization may conduct events under an annual comprehensive charity gaming license on more than two (2) consecutive days.
(d) An Indiana affiliate of the qualified organization may not conduct a raffle or door prize event under an annual comprehensive charity gaming license until the affiliate has been in existence in Indiana for three (3) years.
(e) Unless otherwise expressly provided, a requirement imposed upon the conduct of an allowable event by:
(1) this article; or
(2) the rules of the commission;
applies to the conduct of a raffle or door prize event under an annual comprehensive charity gaming license.
(f) The following limitations apply to a qualified organization holding an annual comprehensive charity gaming license:
(1) The qualified organization may not conduct more than ten (10) events under the annual comprehensive charity gaming license per week through any combination of its Indiana affiliates.
(2) The qualified organization may not hold another license issued under IC 4-32.2-4-8, IC 4-32.2-4-9, IC 4-32.2-4-10, or IC 4-32.2-4-11 while holding the annual comprehensive charity gaming license.
(3) Except as provided by section 31 of this chapter, the Indiana affiliates of the qualified organization may not hold another license issued under IC 4-32.2-4-8, IC 4-32.2-4-9,
IC 4-32.2-4-10, or IC 4-32.2-4-11 while the qualified
organization holds the annual comprehensive charity gaming
license.
(1) The name and address of the Indiana affiliate conducting the raffle or door prize event.
(2) The names and addresses of the officers of the Indiana affiliate.
(3) Whether the Indiana affiliate will conduct a raffle event or a door prize event.
(4) The location where the Indiana affiliate will conduct the raffle or door prize event.
(5) The dates and times for the raffle or door prize event.
(6) The name of the operator of the raffle or door prize event.
(7) The signature of the presiding officer of the Indiana affiliate conducting the raffle or door prize event.
(b) A qualified organization conducting a raffle or door prize event under an annual comprehensive charity gaming license issued under IC 4-32.2-4-20 may not sell tickets for the raffle or door prize event before providing notice of the raffle or door prize event to the commission under subsection (a).
(b) An organization may elect not to participate in charity gaming under an annual comprehensive charity gaming license obtained by the organization's parent bona fide national organization under IC 4-32.2-4-20. The organization shall provide notice of the election to the commission on a form prescribed by the commission.
(c) An election under this section disqualifies the organization
from conducting a raffle event or door prize event under the
parent organization's annual comprehensive charity gaming
license for the term of the license.
(d) An organization making an election under this section may
participate in charity gaming if qualified and licensed under this
article in its own right. Except as provided in subsection (e), an
organization making an election under this section:
(1) is considered a separate qualified organization from its
parent bona fide national organization; and
(2) is not considered an Indiana affiliate of the parent bona
fide national organization.
(e) For purposes of determining under IC 4-32.2-6-2(b) or
IC 4-32.2-6-3(d) and IC 4-32.2-6-3.5, the amount of the fee for the
issuance or renewal of an annual comprehensive charity gaming
license, an organization making an election under this section is
considered an Indiana affiliate of the parent bona fide national
organization.
(1) fifty dollars ($50); or
(2) the amount determined under subsection (b) for a qualified organization issued an annual comprehensive charity gaming license for the first time.
(b) When a qualified organization is issued an annual comprehensive charity gaming license under IC 4-32.2-4-20 for the first time, the initial license fee is determined as follows:
(1) The fee is an amount equal to fifty dollars ($50) per Indiana affiliate in the case of a qualified organization that:
(A) has not previously conducted an allowable event; and
(B) consists of Indiana affiliates that have not previously conducted any allowable events.
(2) In the case of a qualified organization that includes at least one (1) Indiana affiliate that conducted an allowable event before the date the qualified organization applies for an annual comprehensive charity gaming license, the fee is equal to the greatest of the following:
(A) An amount equal to the sum of the license renewal fees determined under section 3(c) of this chapter for the
organization's Indiana affiliates in 2011.
(B) An amount equal to the sum of the license renewal fees
determined under section 3(c) of this chapter for the
organization's Indiana affiliates during the twelve (12)
month period ending on the date the qualified
organization's license application is filed.
(C) Fifty dollars ($50) per Indiana affiliate.
(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 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
(b) A qualified organization's adjusted gross revenue is an amount equal to the difference between:
(1) the qualified organization's total gross revenue from events conducted under the annual comprehensive charity gaming license in the preceding year; minus
(2) the sum of any amounts deducted under IC 4-32.2-5-3(b)(5) with respect to the events described in subdivision (1) in the preceding year.
(c) For purposes of determining its adjusted gross revenue under subsection (b), a qualified organization must aggregate:
(1) the gross revenue from all events conducted by the qualified organization's Indiana affiliates under the qualified organization's annual comprehensive charity gaming license in a particular year; and
(2) the deductions taken with respect to the events described in subdivision (1) by all of the qualified organization's Indiana affiliates in a particular year.
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