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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 2568 By: Caldwell (Chad)
AS INTRODUCED
An Act relating to banking; defining term;
authorizing savings promotion raffles; amending 21
O.S. 2011, Section 1051, as amende d by Section 2,
Chapter 123, O.S.L. 2018 (21 O.S. Supp. 2019, Section
1051), which relates to the lottery; allowing for
savings promotion raffles; providing for
codification; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE S TATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 908 of Title 6, unless there is
created a duplication in numbering, reads as follows:
A. As used in this section, the term "savings promotion raffle"
means a contest in which the sole consideration required for a
chance of winning designated prizes is obtained by the deposit of a
specified amount of money in a savings account or other savings
program and each ticket or entry has an equal chance of being drawn,
with such contest being subject to regulations that may from time to
time be promulgated by the bank's or credit union's primary
regulator.
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B. Oklahoma banks and credit unions are authorized to offer
savings promotion raffles.
SECTION 2. AMENDATORY 21 O.S. 2011, Section 1051, as
amended by Section 2, Chapter 123, O.S.L. 2018 (21 O.S. Supp. 2019,
Section 1051), is amended to read as follows:
Section 1051. A. A lottery is any scheme for the disp osal or
distribution of property by chance among persons who have paid, or
promised, or agreed to pay any valuable consideration for the chance
of obtaining such property, or a portion of it, or for any share of
or interest in such property, upon any agree ment, understanding or
expectation that it is to be distributed or disposed of by a lot or
chance, whether called a lottery, a raffle, or a gift enterprise, or
by whatever name the same may be known. "Valuable consideration"
shall be construed to mean mon ey or goods of actual pecuniary value.
Provided, it shall not be a violation of the lottery or gambling
laws of this state for:
1. The Oklahoma Lottery Commission to conduct a lottery
pursuant to the provisions of the Oklahoma Education Lottery Act;
2. A bona fide resident merchant or merchants of a city or
town, acting in conjunction with the Chamber of Commerce or
Commercial Club of this state thereof, to issue free of charge
numbered tickets on sales of merchandise, the corresponding stub of
one or more of which tickets to be drawn or chosen by lot by a
representative or representatives of the Chamber of Commerce or of
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the Commercial Club in the manner set forth on the tickets, the
numbered stub or stubs so drawn to entitle the holder of the
corresponding numbered issued ticket to a valuable prize donated by
the merchant;
3. A bona fide community chest welfare fund on a military post
or reservation to issue numbered tickets in conjunction with
voluntary contributions to the fund, the corresponding stub or stubs
of one or more of the tickets to be drawn by lot under the
supervision of a military commander, the stub or stubs so drawn
entitling the ticket holder to a prize of some value. Provided,
however, that no person shall sell tickets or receive contr ibutions
to the fund off the military reservation;
4. a. A qualified organization to raise funds by issuing
numbered tickets in conjunction with voluntary
contributions to the qualified organization, the
corresponding stub or stubs of one or more of the
tickets to be drawn by lot under the supervision of an
official of the qualified organization, the stub or
stubs so drawn entitling the ticket holder to a prize.
As used in this paragraph, "qualified organization"
means:
(1) a church,
(2) a public or private school accredited by the
State Department of Education or registered by
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the State Board of Education for purposes of
participating in federal programs,
(3) a student group or organization affiliated with a
public or private school qualified pursuant to
division (2) of this subparagraph,
(4) a parent-teacher association or organization
affiliated with a public or private school
qualified pursuant to division (2) of this
subparagraph,
(5) fire departments,
(6) police departments,
(7) organizations that are exempt from taxation
pursuant to the provisions of subsection (c) of
Section 501 of the United States Internal Revenue
Code, as amended, 26 U.S.C., Section 501(c) et
seq., or
(8) an "organization" as such term is defined in
paragraph 20 of Section 402 of T itle 3A of the
Oklahoma Statutes.
b. Any raffle conducted by a qualified organization shall
be conducted by members of the qualified organization
without compensation to any member. The organization
shall not hire or contract with any person or business
association, corporation, partnership, limited
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partnership or limited liability company to conduct a
raffle, to sell raffle tickets or to solicit
contributions in connection with a raffle on behalf of
the organization; or
5. The Oklahoma Department of Wild life Conservation to conduct
controlled, draw, lottery or raffle hunts ; or
6. Savings promotion raffle accounts or programs pursuant to
Section 1 of this act .
B. If the Oklahoma Education Lottery Act ceases to have the
force and effect of law pursuant to Section 735 of Title 3A of the
Oklahoma Statutes, the provisions of paragraph 3 of subsection A of
this section shall cease to have the force and effect of law.
SECTION 3. This act shall become effective November 1, 2021.
58-1-7121 JBH 12/15/2020