Electronic pull tabs in charity gaming., the official text

First Regular Session of the 124th General Assembly (2025)

PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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between statutes enacted by the 2024 Regular Session of the General Assembly.

  SENATE ENROLLED ACT No. 209

   AN ACT to amend the Indiana Code concerning gaming.

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

   SECTION 1. IC 4-32.3-2-15.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 15.3. "Electronic pull tab device"
means a:

      (1) freestanding cabinet-style electronic device;
      (2) stationary scaled-down table top version of a cabinet-style
      device; or
      (3) handheld mobile tablet, other than a phone or other
      personal computing device;
that is used to play electronic pull tab games and approved by the
commission under IC 4-32.3-5-16.5.
   SECTION 2. IC 4-32.3-2-15.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 15.5. "Electronic pull tab game"
means a unique electronic pull tab game with a unique form
number and the same unique serial number.
   SECTION 3. IC 4-32.3-2-15.7 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 15.7. "Electronic pull tab system"
means an electronic pull tab device, an electronic pull tab game,
and any computer or device, including all related hardware and
software, used to facilitate the play of an electronic pull tab game.

SEA 209 — Concur
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   SECTION 4. IC 4-32.3-2-16.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 16.5. "Flare" means the board or
placard, or, in the case of an electronic pull tab game, an electronic
representation of a board or placard, that accompanies each deal
of pull tabs on which the following information is printed:

      (1) The game name.
      (2) The manufacturer's name or distinctive logo.
      (3) The form number.
      (4) The ticket count.
      (5) The prize structure.
      (6) The cost per play.
      (7) The game serial number.
   SECTION 5. IC 4-32.3-2-22, AS ADDED BY P.L.58-2019,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 22. "Licensed supply" refers to any of the
following:
      (1) Bingo supplies.
      (2) Pull tabs, including electronic pull tab devices, electronic
      pull tab games, and electronic pull tab systems.
      (3) Punchboards.
      (4) Tip boards.
      (5) Game boards, including but not limited to, raffle and coin
      boards.
      (6) Any other supplies, devices, or equipment designed to be used
      in allowable activities designated by rule of the commission.
   SECTION 6. IC 4-32.3-2-22.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 22.5. "Manually activate" means:
      (1) touching an icon on an electronic pull tab device screen;
      (2) pressing a button on a electronic pull tab device; or
      (3) in the case of a visually impaired individual, performing
      an action to initiate activity for an electronic pull tab device.
   SECTION 7. IC 4-32.3-2-27, AS ADDED BY P.L.58-2019,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 27. "Progressive or carryover pull tab" means a
pull tab game played with a seal card, or, in the case of an electronic
pull tab game, an electronic representation of a seal card, that is
designed by the manufacturer to include a jackpot prize that is carried
over to a subsequent deal of the same form number, in the event the
jackpot prize is not won.
   SECTION 8. IC 4-32.3-2-28, AS ADDED BY P.L.58-2019,

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SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 28. "Pull tab" means either any of the following:

      (1) A game conducted in the following manner:
         (A) A single folded or banded ticket or a two-ply card with
         perforated break-open tabs is bought by a player from a
         qualified organization.
         (B) The face of each card is initially covered or otherwise
         hidden from view, concealing a number, letter, symbol, or set
         of letters or symbols.
         (C) In each set of tickets or cards, a designated number of
         tickets or cards have been randomly designated in advance as
         winners.
         (D) Winners, or potential winners if the game includes the use
         of a seal, are determined by revealing the faces of the tickets
         or cards. The player may be required to sign the player's name
         on numbered lines provided if a paper seal is used.
         (E) The player with a winning pull tab ticket or numbered line
         receives the prize stated on the flare from the qualified
         organization. The prize must be fully and clearly described on
         the flare.

      (2) An electronic pull tab game played on an electronic pull
      tab device approved by the commission under
      IC 4-32.3-5-16.5.
      (2) (3) Any game played in a similar fashion as a game described
      in subdivision (1) that is approved by the commission.
   SECTION 9. IC 4-32.3-2-34, AS ADDED BY P.L.58-2019,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 34. "Seal card" means a board or placard, or, in
the case of an electronic pull tab game, an electronic representation
of a board or placard, used with pull tabs that contains one (1) or
more seals, that when removed or opened, reveals a predesignated
winning number, letter, symbol, or monetary denomination.
   SECTION 10. IC 4-32.3-3-3, AS AMENDED BY P.L.93-2024,
SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 3. The commission shall adopt rules under
IC 4-22-2 for the following purposes:
      (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 qualified card game
      conducted under IC 4-32.3-5-11(b).
      (3) Providing for the prevention of practices detrimental to the

SEA 209 — Concur
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      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 4-32.3-5-5(d).
      (7) Establishing standards:

         (A) for the licensing of manufacturers of;
         (B) for required technical specifications for; and
         (C) to receive commission approval of;
      electronic pull tab systems.
      (8) Requiring that:
         (A) the manufacturer of an electronic pull tab system
         submit, at the manufacturer's own expense, the
         manufacturer's electronic pull tab system to an
         independent gaming testing laboratory for testing and
         certification as meeting the standards for required
         technical specifications adopted by the commission; and
         (B) an electronic pull tab system be approved by the
         commission before the electronic pull tab system may be
         used by a qualified organization under this article.
   SECTION 11. IC 4-32.3-5-16.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 16.5. (a) Electronic pull tab
games must meet the following requirements:
      (1) Each electronic pull tab game must have a predetermined
      and finite number of winning and losing tickets.
      (2) Each electronic pull tab game series must have a
      predetermined prize structure and fixed prize amounts.
      (3) Each electronic pull tab game series must have a unique
      serial number that is not regenerated.
      (4) Each electronic pull tab in a game series must be sold for
      the same price.
      (5) The reveal of the numbers or symbols on an electronic pull
      tab ticket or card must replicate a paper pull tab ticket.
      (6) The reveal of the numbers or symbols on an electronic pull
      tab ticket or card may be designed with an entertainment
      theme, but may not include:
         (A) spinning wheels resembling a slot machine;
         (B) any replication of keno, blackjack, roulette, poker,

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         craps, or any other casino table game;
         (C) any replication of horse racing; or
         (D) any replication of any other gambling game as defined
         in IC 4-33-2-9 and IC 4-35-2-5.
      (7) Any extended play feature may not require additional
      payment or award any prize other than the predetermined
      prize associated with the initial electronic pull tab ticket or
      card.
      (8) Each electronic pull tab must require an individual to
      manually activate:
         (A) the electronic pull tab ticket; and
         (B) each individual row and column of an electronic pull
         tab ticket before a single row or column of symbols is
         revealed;
      with a separate and distinct action.
   (b) Electronic pull tab systems and electronic pull tab devices:
      (1) must be approved by the commission;
      (2) may only accept United States currency or a credit
      voucher; and
      (3) may not directly dispense United States currency or any
      article or exchange of value other than a credit voucher.
   SECTION 12. IC 4-32.3-5-16.7 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 16.7. (a) Except as provided in
subsection (b), the following organizations that are qualified
organizations may have electronic pull tab devices:
      (1) A bona fide fraternal organization.
      (2) A bona fide veterans organization.
   (b) An organization described in subsection (a) may operate
electronic pull tab devices if the organization:
      (1) is recognized as a veteran's organization or a fraternal
      organization under IC 4-32.3-2-31;
      (2) has been continuously operating in Indiana for a minimum
      of five (5) years prior to the application for an electronic pull
      tab endorsement; and
      (3) holds or obtains a valid charitable gaming license under
      IC 4-32.3-4.
   (c) An organization described in subsection (a) may only operate
electronic pull tab devices at a single, fixed location that is:
      (1) the organization's:
         (A) primary meeting facility;
         (B) primary lodge hall; or

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         (C) headquarters as identified in the organization's:
            (i) articles of incorporation or bylaws; and
            (ii) application to the commission for use of electronic
            pulltabs; and

      (2) owned, leased, or controlled solely by the organization.
   (d) The number of electronic pull tab devices permitted at any
facility or location may not exceed the following:

      (1) In the case of a facility or location with an occupancy limit
      of not more than ninety-nine (99) individuals, not more than
      three (3) electronic pull tab devices.
      (2) In the case of a facility or location with an occupancy limit
      of at least one hundred (100) individuals, but not more than
      two hundred fifty (250) individuals, not more than five (5)
      electronic pull tab devices.
      (3) In the case of a facility or location with an occupancy limit
      of more than two hundred fifty (250) individuals, not more
      than seven (7) electronic pull tab devices.
   (e) An electronic pull tab device that is a:
      (1) tablet must conspicuously state on the exterior of the
      device or case containing the device: "If you or someone you
      know has a gambling problem and wants help, call
      1-800-9-WITH-IT."; or
      (2) cabinet-style or scaled down tabletop version of a cabinet
      style device must conspicuously state on the front exterior of
      the device: "If you or someone you know has a gambling
      problem and wants help, call 1-800-9-WITH-IT.".
   (f) An organization operating electronic pull tabs under this
section may not:
      (1) enter into a partnership, a joint venture, or an agreement
      with another entity to conduct electronic pull tab gaming
      outside of the single, fixed location as set forth in subsection
      (c); and
      (2) establish additional locations for the operation of
      electronic pull tabs, either directly or indirectly, including:

         (A) establishing a secondary facility for gaming;
         (B) partnering with another organization or entity to
         expand gaming operations beyond the allowed number of
         devices set forth in subsection (d); and
         (C) leasing, licensing, or subleasing gaming rights to a
         third party.
   (g) An organization operating electronic pull tabs under this
section must also conduct paper pull tab games.

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   (h) If an organization violates this section, the gaming
commission may:

      (1) suspend or revoke the organization's charity gaming
      license; and
      (2) order that all gaming revenue earned as a result of a
      violation of this section shall be paid to the commission as a
      fine.
   SECTION 13. IC 4-32.3-5-20, AS ADDED BY P.L.58-2019,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 20. (a) Except as provided in subsection (b), a
qualified organization shall obtain licensed supplies from an entity
licensed by the commission as a distributor.
   (b) Subsection (a) does not apply to a reusable licensed supply:
      (1) constructed, purchased, or otherwise obtained by a qualified
      organization before January 1, 2009; or
      (2) borrowed at any time from another qualified organization.
   (c) A qualified organization may pay for licensed supplies only with
a check drawn on or by an electronic funds transfer from the qualified
organization's gaming account.
   (d) A manufacturer or distributor of an electronic pull tab
device may not offer an inducement to a qualified organization
concerning the placement and operation of electronic pull tab
systems and electronic pull tab games.
   (e) A manufacturer or distributor of electronic pull tab systems
and electronic pull tab devices may not require a qualified
organization to purchase, as a condition to receive electronic pull
tab systems and electronic pull tab devices, the manufacturer's or
distributor's paper gaming products.
   SECTION 14. IC 4-32.3-8-1, AS ADDED BY P.L.58-2019,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: 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) a provision of this article, IC 35-45-5-3, IC 35-45-5-3.5,
         IC 35-45-5-4, or a rule of the commission; or
         (B) any other local ordinance, state or federal statute, or
         administrative rule or regulation that would cause the
         commission to determine that the person is not of good moral
         character or reputation.
      (2) Failure to accurately account for a licensed supply.

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      (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.
      (6) Failure to ensure the integrity of charitable gaming in Indiana.
      (7) Sale or lease of an electronic pull tab device or electronic
      pull tab system that has not been approved by the commission
      for use under this article.
   (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.
   (c) For purposes of subsection (a), a finding that a person has
violated IC 35-45-5-3, IC 35-45-5-3.5, or IC 35-45-5-4 must be
supported by a preponderance of the evidence.

SEA 209 — Concur
President of the Senate

President Pro Tempore

Speaker of the House of Representatives

Governor of the State of Indiana

Date:                             Time:

SEA 209 — Concur