34 | 39 | | |
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35 | 40 | | |
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36 | 41 | | |
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37 | 42 | | |
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38 | 43 | | [ lotteries - organizations permitted to issue |
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39 | 44 | | tickets - effective date ] |
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40 | 45 | | |
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41 | 46 | | |
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42 | 47 | | |
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43 | 48 | | |
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44 | 49 | | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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45 | 50 | | SECTION 1. AMENDATORY 21 O.S. 2021, Section 1051, is |
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46 | 51 | | amended to read as follows: |
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47 | 52 | | Section 1051. A. A lottery is any scheme for the disposal or |
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48 | 53 | | distribution of property by chance among persons who have paid, or |
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49 | 54 | | promised, or agreed to pay any valuable consideration for the chance |
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50 | 55 | | of obtaining such property, or a portion of it, or for any share of |
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51 | 56 | | or interest in such property, upon any agreement, understanding or |
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52 | 57 | | expectation that it is to be distributed or disp osed of by a lot or |
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53 | 58 | | chance, whether called a lottery, a r affle, or a gift enterprise, or |
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54 | 59 | | by whatever name the same may be known. “Valuable consideration ” |
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55 | 60 | | shall be construed to mean money or goods of actual pecuniary value. |
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56 | 61 | | Provided, it shall not be a viol ation of the lottery or gambling |
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57 | 62 | | laws of this state for: |
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86 | 92 | | 2. A bona fide resident merchant or merchants of a city or |
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87 | 93 | | town, acting in conjunction with the Chamber of Commerce or |
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88 | 94 | | Commercial Club of this state thereof, to issue free of charge |
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89 | 95 | | numbered tickets on sales of merchandise, the corres ponding stub of |
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90 | 96 | | one or more of which tickets to be drawn or chosen by lot by a |
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91 | 97 | | representative or representatives of the Chamber of Commerce or of |
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92 | 98 | | the Commercial Club in the manner set forth on the tickets, the |
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93 | 99 | | numbered stub or stubs so drawn to entitle the holder of the |
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94 | 100 | | corresponding numbered issued ticket to a valuable prize donated by |
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95 | 101 | | the merchant; |
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96 | 102 | | 3. A bona fide community chest welfare fund on a militar y post |
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97 | 103 | | or reservation to issue numbered tickets in conjunction with |
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98 | 104 | | voluntary contributions to the fun d, the corresponding stub or stubs |
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99 | 105 | | of one or more of the tickets to be drawn by lot under the |
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100 | 106 | | supervision of a military commander, the stub or stubs so dr awn |
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101 | 107 | | entitling the ticket holder to a prize of some value. Provided, |
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102 | 108 | | however, that no person shall sel l tickets or receive contributions |
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103 | 109 | | to the fund off the military reservation; |
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104 | 110 | | 4. a. A qualified organization to raise funds by issuing |
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105 | 111 | | numbered tickets in conjunction with voluntary |
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106 | 112 | | contributions to the qualified organization, the |
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107 | 113 | | corresponding stub or stubs numbered ticket or ticke ts |
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136 | 143 | | organization, the stub or stubs corresponding numbered |
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137 | 144 | | ticket or tickets so drawn entitling the ticket holder |
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138 | 145 | | to a prize. As used in this paragraph, “qualified |
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139 | 146 | | organization” means: |
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140 | 147 | | (1) a church, |
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141 | 148 | | (2) a public or private sc hool accredited by the |
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142 | 149 | | State Department of Education or registered by |
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143 | 150 | | the State Board of Education for purposes of |
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144 | 151 | | participating in federal programs, |
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145 | 152 | | (3) a student group or organization affiliated with a |
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146 | 153 | | public or private school qualified pursuant to |
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147 | 154 | | division (2) of this subparagraph, |
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148 | 155 | | (4) a parent-teacher association or organization |
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149 | 156 | | affiliated with a public or private school |
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150 | 157 | | qualified pursuant to division (2) o f this |
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151 | 158 | | subparagraph, |
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152 | 159 | | (5) fire departments, |
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153 | 160 | | (6) police departments, |
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154 | 161 | | (7) organizations that are exem pt from taxation |
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155 | 162 | | pursuant to the provisions of subsection (c) of |
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156 | 163 | | Section 501 of the United States Internal Revenue |
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185 | 193 | | (8) an “organization” as such term is defined in |
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186 | 194 | | paragraph 20 of Section 402 of Title 3A of the |
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187 | 195 | | Oklahoma Statutes. |
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188 | 196 | | b. Any raffle conducted by a qualified organization shall |
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189 | 197 | | be conducted by employees or members of the quali fied |
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190 | 198 | | organization without compensation to any member or |
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191 | 199 | | employees of an affiliate, subsidiary, or parent |
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192 | 200 | | company of the qualified organization, whether paid or |
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193 | 201 | | not paid; provided, that such persons shall not be |
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194 | 202 | | provided with additional compensation, incentives, or |
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195 | 203 | | bonuses based on the number of tickets sold . The |
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196 | 204 | | qualified organization shall not hire or contract with |
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197 | 205 | | any person or business association, corporation, |
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198 | 206 | | partnership, limited partnership or limited liability |
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199 | 207 | | company to conduct a raffle, to sell raffle ticke ts or |
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200 | 208 | | to solicit contributions in connection with a raffle |
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201 | 209 | | on behalf of the organization; |
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202 | 210 | | 5. The Oklahoma Department of Wildlife Conservation to conduct |
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203 | 211 | | controlled, draw, lottery or raffle hunts; or |
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204 | 212 | | 6. Savings promotion raffle accounts or programs pursu ant to |
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205 | 213 | | Section 1 of this act 908 of Title 6 of the Oklahoma Statu tes. |
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