UPDATE: Indiana iGaming Campaign – Status, Key Dates and iDEA Opportunities

CURRENT STATUS

• The IN General Assembly remains in the 2022 “interim” period.
• The 2023 legislative session convenes on Monday, January 9.
• Chairman Manning indicated that language is currently being drafted and that he will share the preliminary draft with stakeholders once finished.

KEY DATES

• December 9: Deadline to submit bill draft requests
• Mid-December: Budget Committee will convene to consider updated revenue forecast which will serve as guidance for the upcoming budget session. No official meeting date has been announced at this time.
• January 9 – April 29, 2023 (statutory Sine Die)
  • Although the official session schedule – including 2nd/3rd reading deadlines for each chamber – has not been released, the legislative session will occur during this time frame. As a general matter, bills must get through committee and 2nd reading by early February. The entire legislature takes a short 2-3 day break following the 3rd reading deadline, which is always in mid-February (as bills change chambers).
  • Bills that are introduced and have not passed one chamber at the mid-point are technically considered “dead” bills and cannot be resurrected as stand-alone bills or considered for addition in a conference committee at the end of session. However, it is at least technically possible for language from a dead bill to be amended into a live bill during the second half of session, provided the subject matter of the amendment is deemed “germane” to the live bill.

iDEA ENGAGEMENT | OPPORTUNITIES | ISSUES

1) Committee Assignments for 123rd General Assembly

• Rep. Ethan Manning has been named Chairman of the House Public Policy Committee and Sen. Ron Alting will assume the responsibility as Senate Public Policy Committee Chairman.

2) Ongoing Legislative Efforts

• Given the fiscal impact, Manning has shared that the bill will start in the House.
• Work with Sen. Ford and Rep. Manning to finalize bill language:
  • Evolution Gaming has submitted proposed language to specifically authorize live dealer and require that such live dealer studios be physically located in Indiana.
  • Ford and Manning feel very strongly that the studios should be in Indiana.
  • There has been no pushback on this point from other stakeholders – our discussions with Ford and Manning indicate that this will be included in the initial draft.
  • Manning and/or Ford have all met with representatives from several stakeholder groups (including… horse racing, the Hoosier Lottery, local governments, VGTs, responsible gaming).
  • Manning / Ford currently intend to NOT overcomplicate the bill with any material changes to the tax distribution structure of gaming money to local communities.
  • Both Manning and Ford think it is important to include authorization for iLottery in a single bill, essentially authorizing all forms of internet gambling at once.
  • Finalize list of co-sponsors for Manning’s bill.
  • The Speaker has imposed a limit of 3 co-sponsors for legislation. As such, Manning is willing to add up to 3 members to be included on the bill.
  • Initial discussions with Manning have included Rep. Peggy Mayfield (R) (vice-chair of House Public Policy); Rep. Justin Moed (D) (ranking minority member of House Public Policy).
  • Rep. Ed Clere was also raised, but his reputation in the caucus is not the best and we’re not sure whether he would add value.
  • We have begun initial iGaming discussions with Rep. Mayfield to get her re-engaged in the subject. She attended the forum we hosted at our offices last year, and has continued to express interest.

3) Gathering additional Senate support

• Sen. Chris Garten has solidified the #2 ranking in the Senate Republican caucus and is among a very small group of members in Sen. Bray’s inner circle. Sen. Garten is currently vice chair of the Senate Public Policy Committee and is supportive of iGaming.
• Sen. Ford is agreeable to recruiting Sen. Garten to assist with Sen. Bray behind the scenes.
• It’s unlikely that Sen. Garten will want to be listed as a direct sponsor, but we have begun to engage with him on the matter.
• We are continuing to assist Sen. Ford in developing responsible gaming elements of the legislation that he desires to be included.

4) Other Items

• Discussions are ongoing as to whether responsible gaming language should be included in the initial draft, or if we should work with Rep. Smaltz to explore his interest in offering the amendment to push his support of the bill, given his consistent hesitations pertaining to mobile / internet gaming in general. This could be a point of “common ground” for him to get engaged on.
• To the extent iDEA has any specific ideas for strong language, we should share it. Sen. Ford is particularly interested in placing RG responsibilities directly at the Gaming Commission and/or Department of Health. So any states with a similar model will be viewed favorably by him. Please let us know if there is anything specific you’d like to share.
• There continues to be hesitation from Ford and Manning (as well as other stakeholders) to include requests from the horsemen in the initial bill draft. Their current request includes a revenue split from i-gaming. Manning’s hope would be that, if that were to occur, the split would be tied only to the licensees that own the two racinos.