1 STATE OF OKLAHOMA
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2 2nd Session of the 58th Legislature (2022)
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3 SENATE BILL 1808 By: Howard
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6 AS INTRODUCED
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7 An Act relating to lotteries; 21 O.S. 2021, Section
7 1051, which relates to organizations permitted to
8 issue tickets; modifying eligibility of certain
8 persons to conduct raffles; prohibiting additional
9 compensation for conducting raffles; and providing an
9 effective date.
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12 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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13 SECTION 1. AMENDATORY 21 O.S. 2021, Section 1051, is
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14 amended to read as follows:
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15 Section 1051. A. A lottery is any scheme for the disposal or
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16 distribution of property by chance among persons who have paid, or
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17 promised, or agreed to pay any valuable consideration for the chance
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18 of obtaining such property, or a portion of it, or for any share of
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19 or interest in such property, upon any agreement, understanding or
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20 expectation that it is to be distributed or disposed of by a lot or
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21 chance, whether called a lottery, a raffle, or a gift enterprise, or
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22 by whatever name the same may be known. “Valuable consideration”
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23 shall be construed to mean money or goods of actual pecuniary value.
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 1 Provided, it shall not be a violation of the lottery or gambling
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2 laws of this state for:
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3 1. The Oklahoma Lottery Commission to conduct a lottery
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4 pursuant to the provisions of the Oklahoma Education Lottery Act;
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5 2. A bona fide resident merchant or merchants of a city or
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6 town, acting in conjunction with the Chamber of Commerce or
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7 Commercial Club of this state thereof, to issue free of charge
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8 numbered tickets on sales of merchandise, the corresponding stub of
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9 one or more of which tickets to be drawn or chosen by lot by a
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10 representative or representatives of the Chamber of Commerce or of
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11 the Commercial Club in the manner set forth on the tickets, the
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12 numbered stub or stubs so drawn to entitle the holder of the
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13 corresponding numbered issued ticket to a valuable prize donated by
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14 the merchant;
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15 3. A bona fide community chest welfare fund on a military post
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16 or reservation to issue numbered tickets in conjunction with
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17 voluntary contributions to the fund, the corresponding stub or stubs
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18 of one or more of the tickets to be drawn by lot under the
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19 supervision of a military commander, the stub or stubs so drawn
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20 entitling the ticket holder to a prize of some value. Provided,
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21 however, that no person shall sell tickets or receive contributions
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22 to the fund off the military reservation;
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23 4. a. A qualified organization to raise funds by issuing
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24 numbered tickets in conjunction with voluntary
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 1 contributions to the qualified organization, the
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2 corresponding stub or stubs numbered ticket or tickets
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3 of one or more of the tickets to be drawn by lot under
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4 the supervision of an official of the qualified
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5 organization, the stub or stubs corresponding numbered
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6 ticket or tickets so drawn entitling the ticket holder
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7 to a prize. As used in this paragraph, “qualified
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8 organization” means:
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9 (1) a church,
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10 (2) a public or private school accredited by the
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11 State Department of Education or registered by
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12 the State Board of Education for purposes of
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13 participating in federal programs,
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14 (3) a student group or organization affiliated with a
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15 public or private school qualified pursuant to
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16 division (2) of this subparagraph,
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17 (4) a parent-teacher association or organization
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18 affiliated with a public or private school
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19 qualified pursuant to division (2) of this
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20 subparagraph,
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21 (5) fire departments,
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22 (6) police departments,
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23 (7) organizations that are exempt from taxation
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24 pursuant to the provisions of subsection (c) of
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 1 Section 501 of the United States Internal Revenue
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2 Code, as amended, 26 U.S.C., Section 501(c) et
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3 seq., or
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4 (8) an “organization” as such term is defined in
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5 paragraph 20 of Section 402 of Title 3A of the
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6 Oklahoma Statutes.
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7 b. Any raffle conducted by a qualified organization shall
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8 be conducted by employees or members of the qualified
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9 organization without compensation to any member or
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10 employees of an affiliate, subsidiary, or parent
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11 company of the qualified organization, whether paid or
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12 not paid; provided, that such persons shall not be
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13 provided with additional compensation, incentives, or
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14 bonuses based on the number of tickets sold. The
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15 qualified organization shall not hire or contract with
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16 any person or business association, corporation,
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17 partnership, limited partnership or limited liability
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18 company to conduct a raffle, to sell raffle tickets or
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19 to solicit contributions in connection with a raffle
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20 on behalf of the organization;
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21 5. The Oklahoma Department of Wildlife Conservation to conduct
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22 controlled, draw, lottery or raffle hunts; or
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23 6. Savings promotion raffle accounts or programs pursuant to
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24 Section 1 of this act.
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 1 B. If the Oklahoma Education Lottery Act ceases to have the
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2 force and effect of law pursuant to Section 735 of Title 3A of the
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3 Oklahoma Statutes, the provisions of paragraph 3 of subsection A of
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4 this section shall cease to have the force and effect of law.
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5 SECTION 2. This act shall become effective November 1, 2022.
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7 58-2-3056 TEK 1/20/2022 7:53:08 PM
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