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SENATE FLOOR VERSION
March 3, 2022
AS AMENDED
SENATE BILL NO. 1808 By: Howard of the Senate
and
Kannady of the House
[ lotteries - organizations permitted to issue
tickets - effective date ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 21 O.S. 2021, Section 1051, is
amended to read as follows:
Section 1051. A. A lottery is any scheme for the disposal 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 agreement, understanding or
expectation that it is to be distributed or disp osed of by a lot or
chance, whether called a lottery, a r affle, or a gift enterprise, or
by whatever name the same may be known. “Valuable consideration ”
shall be construed to mean money or goods of actual pecuniary value.
Provided, it shall not be a viol ation of the lottery or gambling
laws of this state for:
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1. The Oklahoma Lottery Commission to conduct a lottery
pursuant to the provisions of the Oklahoma Ed ucation 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 corres ponding 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
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 militar y post
or reservation to issue numbered tickets in conjunction with
voluntary contributions to the fun d, 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 dr awn
entitling the ticket holder to a prize of some value. Provided,
however, that no person shall sel l tickets or receive contributions
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 numbered ticket or ticke ts
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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 corresponding numbered
ticket or tickets 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 sc hool accredited by the
State Department of Education or registered by
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) o f this
subparagraph,
(5) fire departments,
(6) police departments,
(7) organizations that are exem pt from taxation
pursuant to the provisions of subsection (c) of
Section 501 of the United States Internal Revenue
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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 Title 3A of the
Oklahoma Statutes.
b. Any raffle conducted by a qualified organization shall
be conducted by employees or members of the quali fied
organization without compensation to any member or
employees of an affiliate, subsidiary, or parent
company of the qualified organization, whether paid or
not paid; provided, that such persons shall not be
provided with additional compensation, incentives, or
bonuses based on the number of tickets sold . The
qualified organization shall not hire or contract with
any person or business association, corporation,
partnership, limited partnership or limited liability
company to conduct a raffle, to sell raffle ticke ts or
to solicit contributions in connection with a raffle
on behalf of the organization;
5. The Oklahoma Department of Wildlife Conservation to conduct
controlled, draw, lottery or raffle hunts; or
6. Savings promotion raffle accounts or programs pursu ant to
Section 1 of this act 908 of Title 6 of the Oklahoma Statu tes.
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B. If the Oklahoma Education Lottery Ac t 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 ha ve the force and effect of law.
SECTION 2. This act shall become effective November 1, 2022.
COMMITTEE REPORT BY: COMMITTEE ON BUSINESS, COMMERCE AND TOURISM
March 3, 2022 - DO PASS AS AMENDED