OK
Oklahoma House Bill HB2568

Oklahoma 2022 Regular Session

Oklahoma House Bill HB2568 Compare Versions

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1-An Act
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334 BILL NO. 2568 By: Caldwell (Chad) of the
435 House
536
637 and
738
839 Murdock of the Senate
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1445 An Act relating to banking; defining term;
1546 authorizing savings promotion raffles; amending 21
1647 O.S. 2011, Section 1051, as amended by Section 2,
1748 Chapter 123, O.S.L. 2018 (21 O.S. Supp. 2020 , Section
1849 1051), which relates to the lottery; allowing for
1950 savings promotion raffles; providing for
2051 codification; and providing an effective date.
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24-SUBJECT: Banking
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2657 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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2858 SECTION 1. NEW LAW A new section of law to be codified
2959 in the Oklahoma Statutes as Section 908 of Title 6, unless there is
3060 created a duplication in numbering, reads as follows:
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3261 A. As used in this section, the term "savings promotion raffle"
3362 means a contest in which the sole consideration required for a
3463 chance of winning designated prizes is obtained by the deposit of a
3564 specified amount of money in a savings account or other savings
3665 program and each ticket or entry has an equal chance of being dr awn,
3766 with such contest being subject to regulations that may from time to
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3894 time be promulgated by the bank's or credit union's primary
3995 regulator.
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4196 B. Oklahoma banks and credit unions are authorized to offe r
4297 savings promotion raffles.
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4498 SECTION 2. AMENDATORY 21 O.S. 2011, Section 1051, as
45-amended by Section 2, Chapter 123, O.S.L. 2018 (21 O.S. Supp. 20 20,
46-Section 1051), is amended to read as follows: ENR. H. B. NO. 2568 Page 2
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99+amended by Section 2, Chapter 123, O.S.L. 2018 (21 O.S. Supp. 2019,
100+Section 1051), is amended to read as follows:
48101 Section 1051. A. A lottery is an y scheme for the disposal or
49102 distribution of propert y by chance among persons who have paid, or
50103 promised, or agreed to pay any valuable consideration for the chance
51104 of obtaining such property, or a portion of it, or for any share of
52105 or interest in such pro perty, upon any agreement, understanding or
53106 expectation that it is to be distributed or disposed of by a lot or
54107 chance, whether called a lottery, a raffle, or a gift enterprise, or
55108 by whatever name the same may be known. "Valuable consideration"
56109 shall be construed to mean money or goods of actual pecuniary value.
57110 Provided, it shall not be a violation of the lottery or gambling
58111 laws of this state for:
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60112 1. The Oklahoma Lottery Commission to conduct a lottery
61113 pursuant to the provisions of the Oklahoma Educati on Lottery Act;
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63114 2. A bona fide resident merchant or merchants of a city or
64115 town, acting in conjunction with the Chamber of Commerce or
65116 Commercial Club of this state thereof, to issue free of charge
66117 numbered tickets on sales of merchandise, the correspondi ng stub of
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67145 one or more of which tickets to be drawn or chosen by lot by a
68146 representative or representatives of the Chamber of Commerce or of
69147 the Commercial Club in the manner set forth on the tickets, the
70148 numbered stub or stubs so drawn to entitle the hold er of the
71149 corresponding numbered issued ticket to a valuable prize donated by
72150 the merchant;
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74151 3. A bona fide community chest welfare fund on a military post
75152 or reservation to issue numbered tickets in conjunction with
76153 voluntary contributions to the fund, th e corresponding stub or stubs
77154 of one or more of the tickets to be drawn by lot under the
78155 supervision of a military commander, the stub or stubs so drawn
79156 entitling the ticket holder to a prize of some value. Provided,
80157 however, that no person shall sell tic kets or receive contributions
81158 to the fund off the mi litary reservation;
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83159 4. a. A qualified organization to raise funds by issuing
84160 numbered tickets in conjunction with voluntary
85161 contributions to the qualified organization, the
86162 corresponding stub or stubs of one or more of the
87163 tickets to be drawn by lot under the supervision of an
88164 official of the qualified organization, the stub or
89165 stubs so drawn entitling the ticket holder to a prize.
90166 As used in this paragraph, "qualified organization"
91-means: ENR. H. B. NO. 2568 Page 3
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168+(1) a church,
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93-(1) a church,
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94195
95196 (2) a public or private school accredited by the
96197 State Department of Education or registered by
97198 the State Board of Education for purposes of
98199 participating in federal programs,
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100200 (3) a student group or organization affiliated with a
101201 public or private school qu alified pursuant to
102202 division (2) of this subparagrap h,
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104203 (4) a parent-teacher association or organization
105204 affiliated with a public or private school
106205 qualified pursuant to division (2) of this
107206 subparagraph,
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109207 (5) fire departments,
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111208 (6) police departments,
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113209 (7) organizations that are exempt from taxation
114210 pursuant to the provisions of subsection (c) of
115211 Section 501 of the United States Internal Revenue
116212 Code, as amended, 26 U.S.C., Section 501(c) et
117213 seq., or
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119214 (8) an "organization" as such term is defined in
120215 paragraph 20 of Section 402 of Title 3A of the
121216 Oklahoma Statutes.
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123217 b. Any raffle conducted by a qualified organization shall
124218 be conducted by members of the qualified organization
125219 without compensation to any member. The organization
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126247 shall not hire or contract with any person or business
127248 association, corporation, partne rship, limited
128249 partnership or limited liability company to conduct a
129250 raffle, to sell raffle tickets or to solicit
130251 contributions in connection with a raffle on behalf of
131252 the organization; or
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133253 5. The Oklahoma Department of Wildlife Conservation to conduct
134254 controlled, draw, lottery or raffle hunts ; or
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136255 6. Savings promotion raffle accounts or programs pursuant to
137256 Section 1 of this act .
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139257 B. If the Oklahoma Education Lottery Act ceases to have the
140258 force and effect of law pursuant to Section 735 of Title 3A of the
141259 Oklahoma Statutes, the provisions of paragraph 3 of subsection A of
142260 this section shall cease to have the force and effect of law.
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144261 SECTION 3. This act shall become effective November 1, 2 021.
145- ENR. H. B. NO. 2568 Page 5
146-Passed the House of Representatives the 2nd day of March, 2021.
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151- Presiding Officer of the House
152- of Representatives
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155-Passed the Senate the 19th day of April , 2021.
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160- Presiding Officer of the Senate
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162-OFFICE OF THE GOVERNOR
163-Received by the Office of the Gov ernor this ____________________
164-day of ___________________, 20_______, at _______ o'clock _______ M.
165-By: _________________________________
166-Approved by the Governor of the State of Oklahoma this _________
167-day of ___________________, 20_______, at _______ o' clock _______ M.
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169-
170- _________________________________
171- Governor of the State of Oklahoma
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173-OFFICE OF THE SECRETARY OF STATE
174-Received by the Office of the Secretary of State this __________
175-day of ___________________, 20_______, at _______ o'clock _______ M.
176-By: _________________________________
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262+COMMITTEE REPORT BY: COMMITTEE ON BUSINESS, COMMERCE AND TOURISM
263+March 25, 2021 - DO PASS