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5 | - | An Act | |
6 | - | ENROLLED SENATE | |
7 | - | BILL NO. 612 By: Howard of the Senate | |
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28 | + | ENGROSSED HOUSE AMENDME NT | |
29 | + | TO | |
30 | + | ENGROSSED SENATE BILL NO . 612 By: Howard of the Senate | |
8 | 31 | ||
9 | 32 | and | |
10 | 33 | ||
11 | 34 | Osburn of the House | |
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15 | 40 | An Act relating to the Oklahoma Lottery ; amending 3A | |
41 | + | O.S. 2021, Sections 712, 713, as amended by Section | |
42 | + | 1, Chapter 359, O.S.L. 2022, 724, and 733 (3A O.S. | |
43 | + | Supp. 2022, Section 713), which relate to the | |
44 | + | Oklahoma Lottery Commission, prize claims, and the | |
45 | + | board of trustees; expanding required background | |
46 | + | checks for certain applicants; requiring annual | |
47 | + | background checks for Commission employees; deleting | |
48 | + | Commission requirement to pay for certain | |
49 | + | investigations and contract with the Oklahoma State | |
50 | + | Bureau of Investigation; deleting r equirement to | |
51 | + | submit certain report; deleting requirement to | |
52 | + | display certain certificate; modifying certain | |
53 | + | information required for submission; modifying | |
54 | + | required date for submission of certain information; | |
55 | + | modifying threshold for certain information required | |
56 | + | to claim prize; modifying information required to | |
57 | + | claim certain prize; amending 51 O.S. 2021, Section | |
58 | + | 24A.5, which relates to the Ok lahoma Open Records | |
59 | + | Act; providing excepti on; repealing 3A O.S. 2021, | |
60 | + | Sections 706 and 734, which relate to Lottery | |
61 | + | Retailer Advisory Board and Oklahoma Lottery | |
62 | + | Commission Legislative Oversight Committee; updating | |
63 | + | statutory reference; and providing an effective date. | |
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68 | + | AMENDMENT NO. 1. Strike the title, enacting clause, and entire bill | |
69 | + | and insert: | |
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100 | + | "An Act relating to the Oklahoma Lottery; amending 3A | |
16 | 101 | O.S. 2021, Sections 712, 713, as amended by Section | |
17 | 102 | 1, Chapter 359, O.S.L. 2022, 724, and 733 (3A O.S. | |
18 | 103 | Supp. 2022, Section 713), which relate to the | |
19 | 104 | Oklahoma Lottery Commission; expanding required | |
20 | 105 | background checks for certain applicants; requiring | |
21 | 106 | annual background checks for Commission employees; | |
22 | 107 | deleting Commission requirement to pay for certain | |
23 | 108 | investigations and contract with the Oklahoma State | |
24 | 109 | Bureau of Investigation; deleting requirement to | |
25 | 110 | display certain certificate; modifying certain | |
26 | 111 | information required for submission; modifying | |
27 | 112 | required date for submission of certain info rmation; | |
28 | 113 | modifying threshold for certain information required | |
29 | 114 | to claim prize; modifying information required to | |
30 | 115 | claim certain prize; amending 51 O.S. 2021, Section | |
31 | 116 | 24A.5, which relates to the Oklahoma Open Records | |
32 | 117 | Act; providing exception; repealing 3A O.S. 2021, | |
33 | 118 | Section 706, which relates to Lottery Retailer | |
34 | 119 | Advisory Board and Oklahoma Lottery Commission | |
35 | 120 | Legislative Oversight Committee; updating statutory | |
36 | 121 | reference; and providing an effective date. | |
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40 | - | SUBJECT: Oklahoma Lottery | |
41 | 125 | ||
42 | 126 | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | |
43 | - | ||
44 | 127 | SECTION 1. AMENDATORY 3A O.S. 2021, Section 712, is | |
45 | 128 | amended to read as follows: | |
46 | - | ||
47 | - | ||
48 | - | ENR. S. B. NO. 612 Page 2 | |
49 | 129 | Section 712. A. The executive director of the Oklahoma Lottery | |
50 | 130 | Commission, with the approval of the board of trustees, shall employ | |
51 | 131 | such personnel as may be necessary to carry out the provi sions of | |
52 | 132 | this act and shall set the comp ensation and terms of comp ensation of | |
53 | 133 | such employees. All offices, positions, and personnel of the | |
54 | 134 | Oklahoma Lottery Commission shall be in the unclassified service. | |
55 | 135 | ||
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56 | 161 | B. No employee of the Commission shall have a financial | |
57 | 162 | interest in any vendor doing busi ness or proposing to do bu siness | |
58 | 163 | with the Commission. | |
59 | - | ||
60 | 164 | C. No employee of the Commission shall participate in any | |
61 | 165 | decision involving a retailer with whom the employee has a fin ancial | |
62 | 166 | interest. | |
63 | - | ||
64 | 167 | D. No employee of the Commission who leaves the employment of | |
65 | 168 | the Commission may represent any vendor or lottery retaile r before | |
66 | 169 | the Commission for a period of two (2) years following termination | |
67 | 170 | of employment with the Commission. | |
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69 | 171 | E. A background investigation shall be conducte d on each | |
70 | 172 | applicant who has reached the final selection process pr ior to | |
71 | 173 | employment by the Commission at the level of division director and | |
72 | 174 | above and at any level within any division of security and as | |
73 | 175 | otherwise required by the board of trustees of the Oklahoma Lottery | |
74 | 176 | Commission. The Commission shall pay for the actual cost of the | |
75 | 177 | investigations and shall contract with the Oklahoma State Bureau of | |
76 | 178 | Investigation for the performance of the investigations and on every | |
77 | 179 | employee of the Commission for each calendar year . The results of a | |
78 | 180 | background investigation shall not be considered a record open to | |
79 | 181 | the public pursuant to the Oklahoma Open Records Act. | |
80 | - | ||
81 | 182 | F. No person who has been convicted of any felony or a | |
82 | 183 | misdemeanor involving illegal gambling or involving moral turpitude | |
83 | 184 | shall be employed by t he Commission, nor shall the Commission employ | |
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84 | 211 | a person who is awaiting sentencing on a plea of guilt or nolo | |
85 | 212 | contendere to such a felony or misdemeanor . | |
86 | - | ||
87 | 213 | G. The Commission shall bond Commission employees with access | |
88 | 214 | to Commission funds or lottery revenue in an amount specified b y the | |
89 | 215 | board and may bond other emp loyees as deemed necessary. | |
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92 | - | ENR. S. B. NO. 612 Page 3 | |
93 | 216 | SECTION 2. AMENDATORY 3A O.S. 2021, Section 713, as | |
94 | 217 | amended by Section 1, Chapter 359, O.S.L. 2022 (3A O.S. Supp. 2022, | |
95 | 218 | Section 713), is amended to read as follows: | |
96 | - | ||
97 | 219 | Section 713. A. All gross proceeds shall be the property of | |
98 | 220 | the Oklahoma Lottery Commission. From its gross proceeds, the | |
99 | 221 | Commission shall pay the operating expenses of the Commission. At | |
100 | 222 | least forty-five percent (45%) of gross proceeds shall be made | |
101 | 223 | available as prize money. However, the provisions of this | |
102 | 224 | subsection shall be deemed not to create any lien, entitlement, | |
103 | 225 | cause of action, or other private right, and any rights of holders | |
104 | 226 | of tickets or shares shall be d etermined by the Commission in | |
105 | 227 | setting the terms of its lottery or lotter ies. | |
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107 | 228 | B. The Oklahoma Lottery Commission shall submit a written | |
108 | 229 | report of its findings and any recommendations regarding the impact | |
109 | 230 | of removing the requirement that net proceeds shall equal at least | |
110 | 231 | thirty-five percent (35%) of the gross proceeds. The report shall | |
111 | 232 | be submitted to the Governor, the Speaker of the Oklahoma House of | |
112 | 233 | Representatives and the President Pro Tempore of the Oklahoma State | |
113 | 234 | Senate not later than October 1, 2020, and annually thereafter. | |
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115 | 261 | C. There is hereby created in the State Treasu ry a fund to be | |
116 | 262 | designated the “Oklahoma Education Lottery Trust Fund”. Except as | |
117 | 263 | otherwise provided in subsections H G and I H of this section, on or | |
118 | 264 | before the fifteenth day of each ca lendar quarter, the Commission | |
119 | 265 | shall transfer to the State Treasurer, for credit to the Oklahoma | |
120 | 266 | Education Lottery Trust Fund, the amount of all net proceeds | |
121 | 267 | accruing during the preceding calendar quarter. Expenditures from | |
122 | 268 | the fund shall be made upon war rants issued by the State Treasurer | |
123 | 269 | against claims filed as prescribe d by law with the Director of the | |
124 | 270 | Office of Management and Enterprise Services for approval and | |
125 | 271 | payment. | |
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127 | 272 | D. C. Upon their deposit into the State Treasury, any monies | |
128 | 273 | representing a deposit of net proceeds shall then become the | |
129 | 274 | unencumbered property of this state, and neither the Commission nor | |
130 | 275 | the board of trustees shall have the power to agree or undertake | |
131 | 276 | otherwise. The monies shall be invested by the State Treasurer in | |
132 | 277 | accordance with state investment practices. All earnings | |
133 | 278 | attributable to such investments shall likewise be the unencumbered | |
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136 | 279 | property of the state and shall acc rue to the credit of the fund | |
137 | 280 | provided for in subsection C B of this section. | |
138 | - | ||
139 | 281 | 1. The first Sixty-five Million Dollars ($65,000,000.00) of | |
140 | 282 | monies contributed annually to the Oklahoma Education Lottery Trust | |
141 | 283 | Fund shall only be appropriated as follows: | |
142 | - | ||
143 | 284 | a. forty-five percent (45%) for the following: | |
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144 | 310 | ||
145 | 311 | (1) kindergarten through twelfth grade public | |
146 | 312 | education, including but not limi ted to | |
147 | 313 | compensation and benefits for public school | |
148 | 314 | teachers and support employees, and | |
149 | - | ||
150 | 315 | (2) early childhood development programs, which shall | |
151 | 316 | include but not be limited to costs associated | |
152 | 317 | with prekindergarten and full -day kindergarten | |
153 | 318 | programs, | |
154 | - | ||
155 | 319 | b. forty-five percent (45%) for the following: | |
156 | - | ||
157 | 320 | (1) tuition grants, loans and scholarships to | |
158 | 321 | citizens of this state to enable such citizens to | |
159 | 322 | attend colleges and universities located within | |
160 | 323 | this state, regardless of whether such colleges | |
161 | 324 | and universities are owned o r operated by the | |
162 | 325 | Oklahoma State Regents for Higher Education, or | |
163 | 326 | to attend institutions operated under the | |
164 | 327 | authority of the Oklahoma Department of Career | |
165 | 328 | and Technology Education; provided, such tuition | |
166 | 329 | grants, loans and scholarships shall not be made | |
167 | 330 | to a citizen of this state to attend a college or | |
168 | 331 | university which is not accredited by the | |
169 | 332 | Oklahoma State Regents for Higher Education, | |
170 | - | ||
171 | 333 | (2) construction of educational facilities for | |
172 | 334 | elementary school districts, independent school | |
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173 | 361 | districts, The Oklahoma Sta te System of Higher | |
174 | 362 | Education, and career and technology education, | |
175 | - | ||
176 | 363 | (3) capital outlay projects for elementary school | |
177 | 364 | districts, independent school districts, The | |
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180 | 365 | Oklahoma State System of Higher Education, and | |
181 | 366 | career and technology education, | |
182 | - | ||
183 | 367 | (4) technology for public elementary school district, | |
184 | 368 | independent school district, state higher | |
185 | 369 | education, and career and technology education | |
186 | 370 | facilities, which shall include but not be | |
187 | 371 | limited to costs of providing to teachers at | |
188 | 372 | accredited public institutions who tea ch levels | |
189 | 373 | kindergarten through twelfth grade, personnel at | |
190 | 374 | technology centers under the authority of the | |
191 | 375 | Oklahoma State Department of Career and | |
192 | 376 | Technology Education, and professors and | |
193 | 377 | instructors within The Oklahoma State System of | |
194 | 378 | Higher Education, the necessary training in the | |
195 | 379 | use and application of computers and advanced | |
196 | 380 | electronic instructional technology to implement | |
197 | 381 | interactive learning environments in the | |
198 | 382 | classroom and to access the statewide distance | |
199 | 383 | learning network and costs associated with | |
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200 | 410 | repairing and maintaining advanced electronic | |
201 | 411 | instructional technology, | |
202 | - | ||
203 | 412 | (5) endowed chairs for professors at institutions of | |
204 | 413 | higher education operated by The Oklahoma State | |
205 | 414 | System of Higher Education, and | |
206 | - | ||
207 | 415 | (6) programs and personnel of the Oklahoma School for | |
208 | 416 | the Deaf and the Oklahoma School for the Blind, | |
209 | - | ||
210 | 417 | c. five percent (5%) to the School Consolidation and | |
211 | 418 | Assistance Fund. When the total amount in the School | |
212 | 419 | Consolidation and Assistance Fund from all sources | |
213 | 420 | equals Five Million Dollars ($5,000,0 00.00), all | |
214 | 421 | monies appropriated pursuant to this subparagraph | |
215 | 422 | which would otherwise be deposited in the School | |
216 | 423 | Consolidation and Assistance Fund in excess of Five | |
217 | 424 | Million Dollars ($5,000,000.00) shall be allocated by | |
218 | 425 | the State Department of Educa tion to public schools | |
219 | 426 | based on the audited end-of-year average daily | |
220 | 427 | membership in grades 8 through 12 during the preceding | |
221 | 428 | school year for the purpose of purchasing technology | |
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224 | 429 | equipment. If at any time the total amount in the | |
225 | 430 | School Consolidation and As sistance Fund drops below | |
226 | 431 | Five Million Dollars ($5,000,000.00), the monies | |
227 | 432 | appropriated pursuant to this subparagraph shall be | |
228 | 433 | deposited in the School Consolidation and Assistance | |
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229 | 460 | Fund until the Fund again reaches Five Million Dollars | |
230 | 461 | ($5,000,000.00), and | |
231 | - | ||
232 | 462 | d. five percent (5%) to the Teachers’ Retirement System | |
233 | 463 | Dedicated Revenue Revolving Fund. | |
234 | - | ||
235 | 464 | In no instance shall the annual maximum percentage for | |
236 | 465 | administrative costs, not including marketing and advertising costs, | |
237 | 466 | funds set aside for prizes, commissions paid to retailers, contract | |
238 | 467 | fees paid to gaming system vendors and instant ticket providers or | |
239 | 468 | emergency-related capital expenses, exceed three percent (3%) of | |
240 | 469 | sales. | |
241 | - | ||
242 | 470 | 2. The remaining portion of lottery annual net proceeds | |
243 | 471 | deposited to the Oklahoma Education Lottery Trust Fund that exceeds | |
244 | 472 | Sixty-five Million Dollars ($65,000,000.00) shall be deposited to | |
245 | 473 | the credit of the Teacher Empowerment Revolving Fund created in | |
246 | 474 | Section 2 of this act. | |
247 | - | ||
248 | 475 | E. D. The Legislature shall appropriate funds from the Oklahoma | |
249 | 476 | Education Lottery Trust Fund only for the purposes spe cified in | |
250 | 477 | subsection D C of this section. Even when funds from the trust fund | |
251 | 478 | are used for these purposes, the Legislature shall not use funds | |
252 | 479 | from the trust fund to supplant or replace other state fun ds | |
253 | 480 | supporting common education, higher education, or c areer and | |
254 | 481 | technology education. | |
255 | - | ||
256 | 482 | F. E. In order to ensure that the funds from the trust fund are | |
257 | 483 | used to enhance and not supplant funding for education, the State | |
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258 | 510 | Board of Equalization shall examine and investigate appropriations | |
259 | 511 | from the trust fund each y ear. At the meeting of the State Board of | |
260 | 512 | Equalization held within five (5) days after the monthly | |
261 | 513 | apportionment in February of each year, the State Board of | |
262 | 514 | Equalization shall issue a finding and repo rt which shall state | |
263 | 515 | whether appropriations from the t rust fund were used to enhance or | |
264 | 516 | supplant education funding. If the State Board of Equalization | |
265 | 517 | finds that education funding was supplanted by funds from the trust | |
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268 | 518 | fund, the Board shall specify the am ount by which education funding | |
269 | 519 | was supplanted. In this event, the Legislature shall not make any | |
270 | 520 | appropriations for the ensuing fiscal year until an appropriation in | |
271 | 521 | that amount is made to replenish the trust fund. | |
272 | - | ||
273 | 522 | G. F. Except as otherwise provided by this subsection, no | |
274 | 523 | deficiency in the Oklahoma Educati on Lottery Trust Fund shall be | |
275 | 524 | replenished by reducing any nonlottery funds including, specifically | |
276 | 525 | but without limitation, the General Revenue Fund, the Constitutional | |
277 | 526 | Reserve Fund, or the Education Ref orm Revolving Fund of the State | |
278 | 527 | Department of Educati on. No program or project started specifically | |
279 | 528 | from lottery proceeds shall be continued from the General Revenue | |
280 | 529 | Fund, the Constitutional Reserve Fund, or the Education Reform | |
281 | 530 | Revolving Fund of the State Department of Education. Such programs | |
282 | 531 | must be adjusted or discontinued according to available lottery | |
283 | 532 | proceeds unless the Legislature by general law establishes | |
284 | 533 | eligibility requirements and appropriates specific funds therefor. | |
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285 | 560 | No surplus in the Oklaho ma Education Lottery Trust Fund shall be | |
286 | 561 | reduced or transferred to correct any nonlottery deficiencies in | |
287 | 562 | sums available for general appropriations. The provisions of this | |
288 | 563 | subsection shall not apply to bonds or other obligations issued | |
289 | 564 | pursuant to or to the repayment of bonds or other obligations issued | |
290 | 565 | pursuant to the Oklahoma Higher Education Promise of Excellence Act | |
291 | 566 | of 2005. | |
292 | - | ||
293 | 567 | H. G. There is hereby created in the State Treasury a revolving | |
294 | 568 | fund to be designated the “Oklahoma Education Lottery Revolving | |
295 | 569 | Fund”. The fund shall be a continuing fund, not sub ject to fiscal | |
296 | 570 | year limitations, and shall consist of all monies received by the | |
297 | 571 | Commission. The Commission shall make payments of net proceeds from | |
298 | 572 | the fund to the Oklahoma Education Lottery Trust Fund on or before | |
299 | 573 | the fifteenth day of each calendar quar ter as provided in subsection | |
300 | 574 | C B of this section. All monies accruing to the credit of the | |
301 | 575 | Oklahoma Education Lottery Revolving Fund are hereby appropriated | |
302 | 576 | and may be budgeted and expended for the paymen t of net proceeds, | |
303 | 577 | prizes, commissions to retailers, administrative expenses and all | |
304 | 578 | other expenses arising out of the operation of the education | |
305 | 579 | lottery, subject to the limitations provided in the Oklahoma | |
306 | 580 | Education Lottery Act. Expenditures from the fun d shall be made | |
307 | 581 | upon warrants issued by the State Treasurer against claims filed as | |
308 | 582 | prescribed by law with the Director of the Office of Management and | |
309 | 583 | Enterprise Services for approval and payment. | |
310 | 584 | ||
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313 | 610 | The monies in the fund shall be invested by the State Trea surer | |
314 | 611 | in accordance with state investment practices. All earnings | |
315 | 612 | attributable to such investments shall likewise accrue to the credit | |
316 | 613 | of the fund. | |
317 | - | ||
318 | 614 | I. H. When appropriations from the Oklahoma Education Lottery | |
319 | 615 | Trust Fund are made to common education purs uant to the provisions | |
320 | 616 | of subparagraph a of paragraph 1 of subsection D C of this section, | |
321 | 617 | the appropriations shall be made available on a monthly basis. In | |
322 | 618 | addition to the provisions of subsections C B and D C of this | |
323 | 619 | section, the following process shall be used to ensure that the | |
324 | 620 | appropriations are made available to common education in a timely | |
325 | 621 | manner: | |
326 | - | ||
327 | 622 | 1. Beginning in July of the fiscal year in which appropriations | |
328 | 623 | are made to common education from the Oklahoma Education Lottery | |
329 | 624 | Trust Fund, the Commissio n, on or before the ninth day of each | |
330 | 625 | month, shall transfer to the State Treasurer, for credit to the | |
331 | 626 | Oklahoma Education Lottery Trust Fund, the amount of net proceed s | |
332 | 627 | accruing during the preceding month equal to the amount of total | |
333 | 628 | monthly collections due to common education as required by | |
334 | 629 | subparagraph a of paragraph 1 of subsection D C of this section; | |
335 | - | ||
336 | 630 | 2. The Director of the Office of Management and Enterprise | |
337 | 631 | Services shall allocate the transfers provided for in paragraph 1 of | |
338 | 632 | this subsection to the State Department of Education on a monthly | |
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339 | 659 | basis, not to exceed one-twelfth (1/12) of the annual apportionment | |
340 | 660 | for the fiscal year; and | |
341 | - | ||
342 | 661 | 3. The total amount of transfers to the Oklahoma Education | |
343 | 662 | Lottery Trust Fund of net lottery proceeds made pursuant to this | |
344 | 663 | subsection shall not exceed the total appropriations made to common | |
345 | 664 | education from the Oklahoma Education Lottery Trust Fund for the | |
346 | 665 | specific fiscal year. | |
347 | - | ||
348 | 666 | J. I. When appropriations from the Oklahoma Education Lottery | |
349 | 667 | Trust Fund are made to The Oklahoma Sta te System of Higher | |
350 | 668 | Education, the appropriations shall be made available to the System | |
351 | 669 | on a monthly basis. In addition to the provisions of subsections C | |
352 | 670 | B and D C of this section, the following process shall be used to | |
353 | - | ||
354 | - | ENR. S. B. NO. 612 Page 9 | |
355 | 671 | ensure that the appropriations are mad e available to The Oklahoma | |
356 | 672 | State System of Higher Education i n a timely manner: | |
357 | - | ||
358 | 673 | 1. Beginning in July of the fiscal year in which appropriations | |
359 | 674 | are made to The Oklahoma State System of Higher Education from the | |
360 | 675 | Oklahoma Education Lottery Trust Fund, the Commission, on or before | |
361 | 676 | the ninth day of each month, shall tr ansfer to the State Treasurer, | |
362 | 677 | for credit to the Oklahoma Education Lottery Trust Fund, the amount | |
363 | 678 | of net proceeds accruing during the preceding month equal to the | |
364 | 679 | amount of total monthly collec tions due to the Oklahoma State | |
365 | 680 | Regents for Higher Education a s required by subparagraph b of | |
366 | 681 | paragraph 1 of subsection D C of this section; | |
367 | 682 | ||
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368 | 708 | 2. The Director of the Office of Management and Enterprise | |
369 | 709 | Services shall allocate the transfers provided for in paragraph 1 of | |
370 | 710 | this subsection to the Oklahoma State Regents for Higher Education | |
371 | 711 | on a monthly basis, not to exceed one-twelfth (1/12) of the annual | |
372 | 712 | apportionment for the fiscal year; and | |
373 | - | ||
374 | 713 | 3. The total amount of transfers to the Oklahoma Education | |
375 | 714 | Lottery Trust Fund of net lottery proceeds made pursuant to this | |
376 | 715 | subsection shall not exceed the total appropriations made to The | |
377 | 716 | Oklahoma State System for Higher Education from the Oklahoma | |
378 | 717 | Education Lottery Trust Fund for the specific fiscal year. | |
379 | - | ||
380 | 718 | SECTION 3. AMENDATORY 3A O.S. 2021, Section 724, is | |
381 | 719 | amended to read as follows: | |
382 | - | ||
383 | 720 | Section 724. A. Proceeds of any lottery prize shall be subject | |
384 | 721 | to the Oklahoma state income tax. | |
385 | - | ||
386 | 722 | B. Attachments, garnishment s, or executions authorized and | |
387 | 723 | issued pursuant to law shall be withheld if timely served upon the | |
388 | 724 | Oklahoma Lottery Commission. This subsection shall not apply to | |
389 | 725 | payment of prizes by a retailer. | |
390 | - | ||
391 | 726 | C. The Commission shall adopt po licies and procedures to | |
392 | 727 | establish a system of verifying the validity of tick ets or shares | |
393 | 728 | claimed to win prizes and to effect payment of the prizes, except | |
394 | 729 | that: | |
395 | - | ||
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397 | - | ENR. S. B. NO. 612 Page 10 | |
730 | + | 1. No prize, any portion of a prize, or any right of any person | |
731 | + | to a prize awarded shall be assignable. Any prize or any portion of | |
732 | + | ||
733 | + | ENGR. H. A. to ENGR. S. B. NO. 612 Page 15 1 | |
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758 | + | a prize remaining unpaid at the deat h of a prize winner shall be | |
759 | + | paid to the estate of the deceas ed prize winner or to the trustee of | |
760 | + | a trust established by the deceased prize winner as settlor if a | |
761 | + | copy of the trust document or instrument h as been filed with the | |
762 | + | Commission along with a nota rized letter of direction from the | |
763 | + | settlor and no written not ice of revocation has been received by the | |
764 | + | Commission prior to the death of the settlor. Following the death | |
765 | + | of a settlor and prior to any paym ent to a successor trustee, the | |
766 | + | Commission shall obtain from the trustee a written agreement to | |
767 | + | indemnify and hold the Commission harmless with respect to any | |
768 | + | claims that may be asserted against the Commission arising from | |
769 | + | payment to or through the trust. Notwithstanding any other | |
770 | + | provisions of this secti on, any person, pursuant to an appropriate | |
771 | + | judicial order, shall be paid the prize to which a winner is | |
772 | + | entitled; | |
773 | + | 2. No prize shall be paid arising from claimed tickets that | |
774 | + | are: | |
775 | + | a. stolen, counterfeit, a ltered, fraudulent, unissued, | |
776 | + | produced or issued in error, unreadable, not received, | |
777 | + | or not recorded by the Comm ission within applicable | |
778 | + | deadlines, | |
779 | + | b. lacking in captions that conform and agree with the | |
780 | + | play symbols as appropriate to the particular lottery | |
781 | + | game involved, or | |
782 | + | ||
783 | + | ENGR. H. A. to ENGR. S. B. NO. 612 Page 16 1 | |
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808 | + | c. not in compliance with such a dditional public or | |
809 | + | confidential validation and security test s of the | |
810 | + | Commission appropriate to the particular lottery game | |
811 | + | involved; | |
812 | + | 3. No particular prize in any lottery game s hall be paid more | |
813 | + | than once, and in the event of a determination that more th an one | |
814 | + | claimant is entitled to a particular prize, the sole r emedy of the | |
815 | + | claimants is the award to each of them of an equal share in the | |
816 | + | prize; | |
817 | + | 4. A holder of a winning cash tic ket or share from a lotter y | |
818 | + | game shall claim a cash prize within one hundred eighty (180) days, | |
819 | + | or for a multistate or multisovereign lott ery game within one | |
820 | + | hundred eighty (180) days, after the drawing in which the cash prize | |
821 | + | was won. In any Oklahoma lot tery game in which the pla yer may | |
822 | + | determine instantly if the player has won o r lost, the player shall | |
823 | + | claim a cash prize within ninety (90 ) days, or for a multistate | |
824 | + | lottery game within one hundred eighty (180) days, after the end of | |
825 | + | the lottery game. If a valid claim is not made for a cash prize | |
826 | + | within the applicable period, the cash prize shall constitute an | |
827 | + | unclaimed prize for purposes o f the Oklahoma Education Lottery Act; | |
828 | + | 5. Any person or persons claiming a lottery prize exceeding Six | |
829 | + | Hundred Dollars ($600.00) shall provide t he Commission with their | |
830 | + | name, address, social security number or tax identification number, | |
831 | + | and sufficient valid identification as proof of the same prior to | |
832 | + | ||
833 | + | ENGR. H. A. to ENGR. S. B. NO. 612 Page 17 1 | |
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858 | + | payment of the prize by the Commission. This information shall be | |
859 | + | confidential for purposes of the Oklahoma Open Records Act , except | |
860 | + | for the person’s first name, city of residence, and prize amount; | |
861 | + | and | |
862 | + | 6. Any person or persons claiming a lottery prize exceeding | |
863 | + | Five Thousand Dollars ($5,000.00) shall provide the Commission with | |
864 | + | their name, address, social security numb er or tax identification | |
865 | + | number, proof of social security n umber or tax identification | |
866 | + | number, and sufficient valid identification prior to payment of the | |
867 | + | prize by the Commission. This information shall be co nfidential for | |
868 | + | purposes of the Oklahoma Open Records Act, e xcept for the person ’s | |
869 | + | first name, city of residence, and prize amount; and | |
870 | + | 7. Any person or persons claiming a lottery prize exceeding Six | |
871 | + | Hundred Dollars ($600.00) as a trust shall provide for e ach person | |
872 | + | entitled to any portion of the prize their name, address, social | |
873 | + | security number or tax identification number, proof of social | |
874 | + | security number or tax identification number, and sufficient valid | |
875 | + | identification as proof of the same and trust certifications prior | |
876 | + | to payment of the prize by the Commission except that such | |
877 | + | information specified in this paragraph shall be conf idential and | |
878 | + | not subject to the provisions of the Oklahoma Open Records Act. | |
879 | + | D. No prize shall be paid upon a ticket or sh are purchased or | |
880 | + | sold in violation of the Oklahoma Education Lottery Act. Any such | |
881 | + | ||
882 | + | ENGR. H. A. to ENGR. S. B. NO. 612 Page 18 1 | |
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907 | + | prize shall constitute an unclaimed prize for pur poses of the | |
908 | + | Oklahoma Education Lottery Act. | |
909 | + | E. The Commission is discharged of all liability upon payment | |
910 | + | of a prize. | |
911 | + | F. No ticket or share shall be purchased by and no prize shall | |
912 | + | be paid to any member of the boar d of trustees of the Oklahoma | |
913 | + | Lottery Commission, any officer or employee of the Commission, or to | |
914 | + | any spouse, child, brother, sister, or parent residing as a mem ber | |
915 | + | of the same household in the principal place of residence of any | |
916 | + | such person. No ticket o r share shall be purchased by and no pr ize | |
917 | + | shall be paid to any officer, employee, agent, or subcontractor of | |
918 | + | any vendor or to any spouse, child, brother, sister, or parent | |
919 | + | residing as a member of the same household in the principal place of | |
920 | + | residence of any such person if the officer, employee , agent, or | |
921 | + | subcontractor has access to confidential information which may | |
922 | + | compromise the integrity of the lottery. | |
923 | + | G. Unclaimed prize money shall not constitute net lottery | |
924 | + | proceeds. The first Seven Hundred Fifty T housand Dollars | |
925 | + | ($750,000.00) of unclai med prize money accruing annually shall be | |
926 | + | transferred to the Department of Mental Health and Substance Abuse | |
927 | + | Services for the treatment of compulsive gambling disorder and | |
928 | + | educational programs related to such disorde r. All other unclaimed | |
929 | + | prize money shall be added to the pool from which future prizes are | |
930 | + | to be awarded or used for special prize promotions. | |
931 | + | ||
932 | + | ENGR. H. A. to ENGR. S. B. NO. 612 Page 19 1 | |
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956 | + | ||
957 | + | SECTION 4. AMENDATORY 3A O.S. 2021, Section 733, is | |
958 | + | amended to read as follows: | |
959 | + | Section 733. To ensure the financial integrity of the lottery, | |
960 | + | the Oklahoma Lottery Commission through its board of trustees shall: | |
961 | + | 1. Submit quarterly and annual reports to the Governor, State | |
962 | + | Auditor and Inspector, Oklahoma State Bureau of Investigation, | |
963 | + | Attorney General, and the oversight committee create d by Section 734 | |
964 | + | of this title, disclosing the total lottery revenues, prize | |
965 | + | disbursements, operating expens es, and administrative expenses of | |
966 | + | the Commission during the reporting period . The annual report shall | |
967 | + | additionally describe the organizational str ucture of the Commission | |
968 | + | and summarize the functions performed by each organizational | |
969 | + | division within the Co mmission; | |
970 | + | 2. Adopt a system of internal audits; | |
971 | + | 3. Maintain weekly or more frequent records o f lottery | |
972 | + | transactions, including the distribution of tickets or shares to | |
973 | + | retailers, revenues received, claims for prizes, prizes paid, prizes | |
974 | + | forfeited, and other financial transactions of the Commission; | |
975 | + | 4. Contract with a certified public accountant or firm for an | |
976 | + | annual financial audit of the Commissio n. The certified public | |
977 | + | accountant or firm shall have no financial interest in any vendor | |
978 | + | with whom the Commission is under contract. The certified public | |
979 | + | accountant or firm shall present an audit rep ort not later than | |
980 | + | seven (7) months after the end of t he fiscal year. The certified | |
981 | + | ||
982 | + | ENGR. H. A. to ENGR. S. B. NO. 612 Page 20 1 | |
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1006 | + | ||
1007 | + | public accountant or firm shall evaluate the internal auditing | |
1008 | + | controls in effect during the audit period. The cost of this annual | |
1009 | + | financial audit shall be an operating e xpense of the Commission. | |
1010 | + | The State Auditor and Inspe ctor may at any time conduct an audit of | |
1011 | + | any phase of the operations of the Commission at the expense of th e | |
1012 | + | Commission and shall receive a copy of the annual independent | |
1013 | + | financial audit. A copy of any audit performed by the certified | |
1014 | + | public accountant or firm or the State Auditor and Inspector shall | |
1015 | + | be transmitted to the Governor, the President Pro Tempore of the | |
1016 | + | Senate, and the Speaker of the House of Representatives, the State | |
1017 | + | Auditor and Inspector, and the cochairs of the oversight committee | |
1018 | + | created in Section 734 of this title; | |
1019 | + | 5. Submit to the Office of Management and Enterprise Services | |
1020 | + | and the State Auditor and Inspector by June 30 of each year a copy | |
1021 | + | of the annual operating budget for the C ommission for the next | |
1022 | + | fiscal year. This annual operatin g budget shall be approved by the | |
1023 | + | board and be on such forms as prescribed by the Office of Management | |
1024 | + | and Enterprise Services; and | |
1025 | + | 6. For informational purposes only, submit Submit to the Office | |
1026 | + | of Management and Enterprise Services on September 1 by October 1 of | |
1027 | + | each year a proposed operating budget for the Commission for the | |
1028 | + | succeeding fiscal year. The budget proposal shall also be | |
1029 | + | accompanied by an estimate of the net proceeds to be deposited in to | |
1030 | + | the Oklahoma Education Lottery Trust Fund during the s ucceeding | |
1031 | + | ||
1032 | + | ENGR. H. A. to ENGR. S. B. NO. 612 Page 21 1 | |
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1056 | + | ||
1057 | + | fiscal year. The budget estimate shall be on such forms as | |
1058 | + | prescribed by the Office of Manage ment and Enterprise Services. | |
1059 | + | SECTION 5. AMENDATORY 51 O.S. 2021, Sec tion 24A.5, is | |
1060 | + | amended to read as follows: | |
1061 | + | Section 24A.5 All records of public bodies and public officials | |
1062 | + | shall be open to any person for inspection, copying, or mechanic al | |
1063 | + | reproduction during regular business hours; provid ed: | |
1064 | + | 1. The Oklahoma Open Reco rds Act, Sections 24A.1 through 24A.30 | |
1065 | + | of this title, does not apply to records specifically required by | |
1066 | + | law to be kept confidential including: | |
1067 | + | a. records protected by a sta te evidentiary privilege | |
1068 | + | such as the attorney -client privilege, the work | |
1069 | + | product immunity from discovery and the identity of | |
1070 | + | informer privileges, | |
1071 | + | b. records of what transpired during meetings of a public | |
1072 | + | body lawfully closed to the public such as executive | |
1073 | + | sessions authorized under the Oklahoma Open Meeting | |
1074 | + | Act, | |
1075 | + | c. personal information w ithin driver records as defined | |
1076 | + | by the Driver’s Privacy Protection Act, 18 United | |
1077 | + | States Code, Sections 2721 through 2725, | |
1078 | + | d. information in the files of the Board of Medico legal | |
1079 | + | Investigations obtained pursuant to Sections 94 0 and | |
1080 | + | 941 of Title 63 of the O klahoma Statutes that may be | |
1081 | + | ||
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1106 | + | ||
1107 | + | hearsay, preliminary unsubstantiated investigation- | |
1108 | + | related findings, or confidential medical information, | |
1109 | + | or | |
1110 | + | e. any test forms, question banks a nd answer keys | |
1111 | + | developed for state licensure examinat ions, but | |
1112 | + | specifically excludi ng test preparation materials or | |
1113 | + | study guides, or | |
1114 | + | f. last names, addresses, social security numbers or tax | |
1115 | + | identification numbers , and proof of identification | |
1116 | + | submitted to the Oklahoma Lottery Commission by | |
1117 | + | persons claiming a lotter y prize; | |
1118 | + | 2. All Social Security numbers i ncluded in a record may be | |
1119 | + | confidential regardless of the person’s status as a public employee | |
1120 | + | or private individual and may be redacted or delete d prior to | |
1121 | + | release of the record by the public body; | |
1122 | + | 3. Any reasonably segregable portion of a record contain ing | |
1123 | + | exempt material shall be provided a fter deletion of the exempt | |
1124 | + | portions; provided however, the Department of Public Safety shall | |
1125 | + | not be required to assemble for the requesting perso n specific | |
1126 | + | information, in any format, from driving records relating to any | |
1127 | + | person whose name and date of birt h or whose driver license number | |
1128 | + | is not furnished by the requesting person. | |
1129 | + | The Oklahoma State Bureau of In vestigation shall not be required | |
1130 | + | to assemble for the requesting person any criminal history records | |
1131 | + | ||
1132 | + | ENGR. H. A. to ENGR. S. B. NO. 612 Page 23 1 | |
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1157 | + | relating to persons whose names, dates of birth, and other | |
1158 | + | identifying information required by the Oklahoma State Bureau of | |
1159 | + | Investigation pursuant to admin istrative rule are not furnished by | |
1160 | + | the requesting person; | |
1161 | + | 4. Any request for a record which contains individ ual records | |
1162 | + | of persons, and the cost of copying, reproducing or certifying each | |
1163 | + | individual record is otherwise prescribed by state law, the cost m ay | |
1164 | + | be assessed for each individual reco rd, or portion thereof requested | |
1165 | + | as prescribed by state law. Otherwise , a public body may charge a | |
1166 | + | fee only for recovery of the reasonable, direct costs of record | |
1167 | + | copying, or mechanical reproduction. Notwithstanding any state or | |
1168 | + | local provision to the co ntrary, in no instance shall the record | |
1169 | + | copying fee exceed twenty -five cents ($0.25) per page for records | |
1170 | + | having the dimensions of eight and one-half (8 1/2) by fourteen (14) | |
1171 | + | inches or smaller, or a maximum of One Dol lar ($1.00) per copied | |
1172 | + | page for a certified copy. However, if the request: | |
1173 | + | a. is solely for commercial purpos e, or | |
1174 | + | b. would clearly cause excessive disruption of the | |
1175 | + | essential functions of the public body, | |
1176 | + | then the public body may charge a reasonable fee to recover the | |
1177 | + | direct cost of record se arch and copying; however, publication in a | |
1178 | + | newspaper or broadcast by n ews media for news purposes shall not | |
1179 | + | constitute a resale or use of a record for trade or commercial | |
1180 | + | purpose and charges for providing copies of e lectronic data to the | |
1181 | + | ||
1182 | + | ENGR. H. A. to ENGR. S. B. NO. 612 Page 24 1 | |
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1206 | + | ||
1207 | + | news media for a news purpose shall not exceed the direct cost of | |
1208 | + | making the copy. The fee charged by the Department of Public Safety | |
1209 | + | for a copy in a computerized format of a record of the Department | |
1210 | + | shall not exceed the direct cost of making the copy unless the fee | |
1211 | + | for the record is otherwise set by law. | |
1212 | + | Any public body establishing fees un der this act shall post a | |
1213 | + | written schedule of the fees at its principal office and with the | |
1214 | + | county clerk. | |
1215 | + | In no case shall a search fee be charged when the release of | |
1216 | + | records is in the public interest, including, but not limited to, | |
1217 | + | release to the news med ia, scholars, authors and taxpayers see king | |
1218 | + | to determine whether those entrusted with the affairs of the | |
1219 | + | government are honestly, faithfully, and competently performing | |
1220 | + | their duties as public servants. | |
1221 | + | The fees shall not be used for the purpose of discoura ging | |
1222 | + | requests for information or as obs tacles to disclosure of requested | |
1223 | + | information; | |
1224 | + | 5. The land description tract index of all recorded instrum ents | |
1225 | + | concerning real property required to be kept by the county clerk of | |
1226 | + | any county shall be available for ins pection or copying in | |
1227 | + | accordance with the provisions of the Oklahoma Open Records Act; | |
1228 | + | provided, however, the index shall not be copied or mechani cally | |
1229 | + | reproduced for the purpose of sal e of the information; | |
1230 | + | ||
1231 | + | ENGR. H. A. to ENGR. S. B. NO. 612 Page 25 1 | |
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1256 | + | 6. A public body must provide prompt, reasonable access to its | |
1257 | + | records but may establis h reasonable procedures which protect the | |
1258 | + | integrity and organization of its records and to prevent excessiv e | |
1259 | + | disruptions of its essential function s. A delay in providing access | |
1260 | + | to records shall be limited solely to t he time required for | |
1261 | + | preparing the requested documents and the avoidance of excessive | |
1262 | + | disruptions of the public body’s essential functions. In no event | |
1263 | + | may production of a current requ est for records be unreasonably | |
1264 | + | delayed until after completion of a pri or records request that will | |
1265 | + | take substantially longer than the current request. Any public body | |
1266 | + | which makes the requested records available on t he Internet shall | |
1267 | + | meet the obligation o f providing prompt, reasonable access to its | |
1268 | + | records as required by thi s paragraph; and | |
1269 | + | 7. A public body shal l designate certain persons who are | |
1270 | + | authorized to release records of the public body for inspection, | |
1271 | + | copying, or mechanical reproduction. At leas t one person shall be | |
1272 | + | available at all times to release records during the regular | |
1273 | + | business hours of the publi c body. | |
1274 | + | SECTION 6. REPEALER 3A O.S. 2021, Section 706, is hereby | |
1275 | + | repealed. | |
1276 | + | SECTION 7. This act shall become effective November 1, 2023." | |
1277 | + | ||
1278 | + | ||
1279 | + | ||
1280 | + | ENGR. H. A. to ENGR. S. B. NO. 612 Page 26 1 | |
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1305 | + | Passed the House of Representatives the 26th day of April, 2023. | |
1306 | + | ||
1307 | + | ||
1308 | + | ||
1309 | + | ||
1310 | + | ||
1311 | + | Presiding Officer of the House of | |
1312 | + | Representatives | |
1313 | + | ||
1314 | + | ||
1315 | + | Passed the Senate the ____ day of _______ ___, 2023. | |
1316 | + | ||
1317 | + | ||
1318 | + | ||
1319 | + | ||
1320 | + | ||
1321 | + | Presiding Officer of the Senate | |
1322 | + | ||
1323 | + | ||
1324 | + | ENGR. S. B. NO. 612 Page 1 1 | |
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1348 | + | ||
1349 | + | ENGROSSED SENATE | |
1350 | + | BILL NO. 612 By: Howard of the Senate | |
1351 | + | ||
1352 | + | and | |
1353 | + | ||
1354 | + | Osburn of the House | |
1355 | + | ||
1356 | + | ||
1357 | + | ||
1358 | + | ||
1359 | + | An Act relating to the Oklahoma Lottery ; amending 3A | |
1360 | + | O.S. 2021, Sections 712, 713, as amended by Section | |
1361 | + | 1, Chapter 359, O.S.L. 2022, 724, and 733 (3A O.S. | |
1362 | + | Supp. 2022, Section 713), which relate to the | |
1363 | + | Oklahoma Lottery Commission, prize claims, and the | |
1364 | + | board of trustees; expanding required background | |
1365 | + | checks for certain applicants; requiring annual | |
1366 | + | background checks for Commission employees; deleting | |
1367 | + | Commission requirement to pay for certain | |
1368 | + | investigations and contract with the Oklahoma State | |
1369 | + | Bureau of Investigation; deleting r equirement to | |
1370 | + | submit certain report; deleting requirement to | |
1371 | + | display certain certificate; modifying certain | |
1372 | + | information required for submission; modifying | |
1373 | + | required date for submission of certain information; | |
1374 | + | modifying threshold for certain information required | |
1375 | + | to claim prize; modifying information required to | |
1376 | + | claim certain prize; amending 51 O.S. 2021, Section | |
1377 | + | 24A.5, which relates to the Oklahoma Open Records | |
1378 | + | Act; providing exception; repealing 3A O.S. 2021, | |
1379 | + | Sections 706 and 734, which relate to Lottery | |
1380 | + | Retailer Advisory Board and Oklahoma Lottery | |
1381 | + | Commission Legislative Oversight Committee; updating | |
1382 | + | statutory reference; and providing an effective date. | |
1383 | + | ||
1384 | + | ||
1385 | + | ||
1386 | + | ||
1387 | + | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | |
1388 | + | SECTION 8. AMENDATORY 3A O.S. 2021, Section 712, is | |
1389 | + | amended to read as follows: | |
1390 | + | Section 712. A. The executive director of the Oklahoma Lott ery | |
1391 | + | Commission, with the approval of the board of trustees, shall employ | |
1392 | + | ||
1393 | + | ENGR. S. B. NO. 612 Page 2 1 | |
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1418 | + | such personnel as may be necessary to carry out the provi sions of | |
1419 | + | this act and shall set the comp ensation and terms of comp ensation of | |
1420 | + | such employees. All office s, positions, and per sonnel of the | |
1421 | + | Oklahoma Lottery Commission shall be in the unclassified service. | |
1422 | + | B. No employee of the Commission shall have a financial | |
1423 | + | interest in any vendor doing busi ness or proposing to do bu siness | |
1424 | + | with the Commission. | |
1425 | + | C. No employee of the Commission shall participate in any | |
1426 | + | decision involving a retailer with whom the employee has a financial | |
1427 | + | interest. | |
1428 | + | D. No employee of the Commission who leaves the employment of | |
1429 | + | the Commission may represent any vendor or lottery retailer before | |
1430 | + | the Commission for a period of two (2) years following termination | |
1431 | + | of employment with the Commission. | |
1432 | + | E. A background investig ation shall be conducte d on each | |
1433 | + | applicant who has reached the final selection process pr ior to | |
1434 | + | employment by the Commission at the level of division director and | |
1435 | + | above and at any level within any division of security and as | |
1436 | + | otherwise required by the board of trustees of the Oklahoma Lottery | |
1437 | + | Commission. The Commission shall pay for the actual cost of the | |
1438 | + | investigations and shall c ontract with the Okla homa State Bureau of | |
1439 | + | Investigation for the performance of the investigations and on every | |
1440 | + | employee of the Commission for each calendar year . The results of | |
1441 | + | ||
1442 | + | ENGR. S. B. NO. 612 Page 3 1 | |
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1466 | + | ||
1467 | + | a background investigation shall not be considered a record open to | |
1468 | + | the public pursuant to the Okl ahoma Open Records Act. | |
1469 | + | F. No person who has been convicted of any felony or a | |
1470 | + | misdemeanor involving illeg al gambling or involving moral turpitude | |
1471 | + | shall be employed by t he Commission, nor shall the Commission employ | |
1472 | + | a person who is awaiting sentencing on a plea of guilt or nolo | |
1473 | + | contendere to such a felony or misdemeanor . | |
1474 | + | G. The Commission shall bond Commission employees with access | |
1475 | + | to Commission funds or lottery revenue in an amount specified b y the | |
1476 | + | board and may bond other employees as deemed necessary. | |
1477 | + | SECTION 9. AMENDATORY 3A O.S. 2021, Section 713, as | |
1478 | + | amended by Section 1, Chapter 359, O.S.L. 2022 (3A O.S. Supp. 2022, | |
1479 | + | Section 713), is amended to read as follows: | |
1480 | + | Section 713. A. All gross proceeds shall b e the property of | |
1481 | + | the Oklahoma Lottery Commission. From its gross proceeds, the | |
1482 | + | Commission shall pay the operating expenses of the Commission. At | |
1483 | + | least forty-five percent (45%) of gross proceeds shall be made | |
1484 | + | available as prize money. However, the provisions of this | |
1485 | + | subsection shall be deemed not to create any lien, entitlement, | |
1486 | + | cause of action, or other private right, and any rights of holders | |
1487 | + | of tickets or shares shall be d etermined by the Commission in | |
1488 | + | setting the terms of its lottery or lotteries. | |
1489 | + | B. The Oklahoma Lottery Commission shall submit a written | |
1490 | + | report of its findings and any recommendations regarding the impact | |
1491 | + | ||
1492 | + | ENGR. S. B. NO. 612 Page 4 1 | |
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1516 | + | ||
1517 | + | of removing the requirement that net proceeds shall equal at least | |
1518 | + | thirty-five percent (35%) of the gross proceeds. The report shall | |
1519 | + | be submitted to the Governor, the Speaker of the Oklahoma House of | |
1520 | + | Representatives and the President Pro Tempore of the Oklahoma State | |
1521 | + | Senate not later than October 1, 2020, and annually thereafter. | |
1522 | + | C. There is hereby created in the State Treasury a fu nd to be | |
1523 | + | designated the “Oklahoma Education Lottery Trust Fund”. Except as | |
1524 | + | otherwise provided in subsections H G and I H of this section, on or | |
1525 | + | before the fifteenth day of each ca lendar quarter, the Commission | |
1526 | + | shall transfer to the State Treasurer, for cr edit to the Oklahoma | |
1527 | + | Education Lottery Trust Fund, the amount of all net proceeds | |
1528 | + | accruing during the preceding calendar quarter. Expenditures from | |
1529 | + | the fund shall be made upon war rants issued by the State Treasurer | |
1530 | + | against claims filed as prescribed by la w with the Director of the | |
1531 | + | Office of Management and Enterprise Services for approval and | |
1532 | + | payment. | |
1533 | + | D. C. Upon their deposit into the State Treasury, any monies | |
1534 | + | representing a deposit of net proceeds shall then become the | |
1535 | + | unencumbered property of this state , and neither the Commission nor | |
1536 | + | the board of trustees shall have the power to agree or undertake | |
1537 | + | otherwise. The monies shall be invested by the State Treasurer in | |
1538 | + | accordance with state investment practices. All earnings | |
1539 | + | attributable to such investments shall likewise be the unencumbered | |
1540 | + | ||
1541 | + | ENGR. S. B. NO. 612 Page 5 1 | |
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1565 | + | ||
1566 | + | property of the state and shall acc rue to the credit of the fund | |
1567 | + | provided for in subsection C B of this section. | |
1568 | + | 1. The first Sixty-five Million Dollars ($65,000,000.00) of | |
1569 | + | monies contributed annually to the Oklahoma Education Lottery Trust | |
1570 | + | Fund shall only be appropriated as follows: | |
1571 | + | a. forty-five percent (45%) for the following: | |
1572 | + | (1) kindergarten through twelfth grade public | |
1573 | + | education, including but not limi ted to | |
1574 | + | compensation and benefits for public school | |
1575 | + | teachers and support employees, and | |
1576 | + | (2) early childhood development programs, which shall | |
1577 | + | include but not be limited to costs associated | |
1578 | + | with prekindergarten and full -day kindergarten | |
1579 | + | programs, | |
1580 | + | b. forty-five percent (45%) for the following: | |
1581 | + | (1) tuition grants, loans and scholarships to | |
1582 | + | citizens of this state to enable such citizens to | |
1583 | + | attend colleges and universities located within | |
1584 | + | this state, regardless of whether such colleges | |
1585 | + | and universities are owned o r operated by the | |
1586 | + | Oklahoma State Regents for Higher Education, or | |
1587 | + | to attend institutions operated under the | |
1588 | + | authority of the Oklahoma Department of Career | |
1589 | + | and Technology Education; provided, such tuition | |
1590 | + | ||
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1616 | + | grants, loans and scholarships shall not be made | |
1617 | + | to a citizen of this state to attend a college or | |
1618 | + | university which is not accredited by the | |
1619 | + | Oklahoma State Regents for Higher Education, | |
1620 | + | (2) construction of educational facilities for | |
1621 | + | elementary school districts, independent school | |
1622 | + | districts, The Oklahoma Sta te System of Higher | |
1623 | + | Education, and career and technology educatio n, | |
1624 | + | (3) capital outlay projects for elementary school | |
1625 | + | districts, independent school districts, The | |
1626 | + | Oklahoma State System of Higher Education, and | |
1627 | + | career and technology education, | |
1628 | + | (4) technology for public elementary school district, | |
1629 | + | independent school district, state higher | |
1630 | + | education, and career and technology education | |
1631 | + | facilities, which shall include but not be | |
1632 | + | limited to costs of providing to teachers at | |
1633 | + | accredited public institutions who tea ch levels | |
1634 | + | kindergarten through twelfth grade, personnel at | |
1635 | + | technology centers under the authority of the | |
1636 | + | Oklahoma State Department of Career and | |
1637 | + | Technology Education, and professors and | |
1638 | + | instructors within The Oklahoma State System of | |
1639 | + | Higher Education, the necessary training in the | |
1640 | + | ||
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1665 | + | ||
1666 | + | use and application of computers a nd advanced | |
1667 | + | electronic instructional technology to implement | |
1668 | + | interactive learning environments in the | |
1669 | + | classroom and to access the sta tewide distance | |
1670 | + | learning network and costs associated with | |
1671 | + | repairing and maintaining advanced electronic | |
1672 | + | instructional technology, | |
1673 | + | (5) endowed chairs for professors at institutions of | |
1674 | + | higher education operated by The Oklahoma State | |
1675 | + | System of Higher Educati on, and | |
1676 | + | (6) programs and personnel of the Oklahoma School for | |
1677 | + | the Deaf and the Oklahoma School for the Blind, | |
1678 | + | c. five percent (5%) to the School Consolidation and | |
1679 | + | Assistance Fund. When the total amount in the School | |
1680 | + | Consolidation and Assistance Fund from all sources | |
1681 | + | equals Five Million Dollars ($5,000,0 00.00), all | |
1682 | + | monies appropriated pursuant to this subparagraph | |
1683 | + | which would otherwise be deposited in the School | |
1684 | + | Consolidation and Assistance Fund in excess of Five | |
1685 | + | Million Dollars ($5,000,000.00) shall be all ocated by | |
1686 | + | the State Department of Educa tion to public schools | |
1687 | + | based on the audited end-of-year average daily | |
1688 | + | membership in grades 8 through 12 during the preceding | |
1689 | + | school year for the purpose of purchasing technology | |
1690 | + | ||
1691 | + | ENGR. S. B. NO. 612 Page 8 1 | |
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1715 | + | ||
1716 | + | equipment. If at any time the total am ount in the | |
1717 | + | School Consolidation and As sistance Fund drops below | |
1718 | + | Five Million Dollars ($5,000,000.00), the monies | |
1719 | + | appropriated pursuant to this subparagraph shall be | |
1720 | + | deposited in the School Consolidation and Assistance | |
1721 | + | Fund until the Fund again reaches Fiv e Million Dollars | |
1722 | + | ($5,000,000.00), and | |
1723 | + | d. five percent (5%) to the Teachers’ Retirement System | |
1724 | + | Dedicated Revenue Revolving Fund. | |
1725 | + | In no instance shall the annual maximum percentage for | |
1726 | + | administrative costs, not including marketing and advertising costs, | |
1727 | + | funds set aside for prizes, commissions paid to retailers, contract | |
1728 | + | fees paid to gaming system vendors and instant ticket providers or | |
1729 | + | emergency-related capital expenses, exceed three percent (3%) of | |
1730 | + | sales. | |
1731 | + | 2. The remaining portion of lottery annual net proc eeds | |
1732 | + | deposited to the Oklahoma Education Lottery Trust Fund that exceeds | |
1733 | + | Sixty-five Million Dollars ($65,000,000.00) shall be deposited to | |
1734 | + | the credit of the Teacher Empowerment Revolving Fund created in | |
1735 | + | Section 2 of this act. | |
1736 | + | E. D. The Legislature shall appropriate funds from the Oklahoma | |
1737 | + | Education Lottery Trust Fund only for the purposes spe cified in | |
1738 | + | subsection D C of this section. Even when funds from the trust fund | |
1739 | + | are used for these purposes, the Legislature shall not use funds | |
1740 | + | ||
1741 | + | ENGR. S. B. NO. 612 Page 9 1 | |
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1765 | + | ||
1766 | + | from the trust fund to supplant or replace other state fun ds | |
1767 | + | supporting common education, higher education, or c areer and | |
1768 | + | technology education. | |
1769 | + | F. E. In order to ensure that the funds from the trust fund are | |
1770 | + | used to enhance and not supplant funding for education, the State | |
1771 | + | Board of Equalization shall examine and investigate appropriations | |
1772 | + | from the trust fund each y ear. At the meeting of the State Board of | |
1773 | + | Equalization held within five (5) days after the monthly | |
1774 | + | apportionment in February of each year, the State Board of | |
1775 | + | Equalization shall issue a finding and repo rt which shall state | |
1776 | + | whether appropriations from the t rust fund were used to enhance or | |
1777 | + | supplant education funding. If the State Board of Equalization | |
1778 | + | finds that education funding was supplanted by funds from the trust | |
1779 | + | fund, the Board shall specify the am ount by which education funding | |
1780 | + | was supplanted. In this event, the Legislature shall not make any | |
1781 | + | appropriations for the ensuing fiscal year until an appropriation in | |
1782 | + | that amount is made to replenish the trust fund. | |
1783 | + | G. F. Except as otherwise provided by this subsection, no | |
1784 | + | deficiency in the Oklahoma Educati on Lottery Trust Fund shall be | |
1785 | + | replenished by reducing any nonlottery funds including, specifically | |
1786 | + | but without limitation, the General Revenue Fund, the Constitutiona l | |
1787 | + | Reserve Fund, or the Education Ref orm Revolving Fund of the State | |
1788 | + | Department of Educati on. No program or project started specifically | |
1789 | + | from lottery proceeds shall be continued from the General Revenue | |
1790 | + | ||
1791 | + | ENGR. S. B. NO. 612 Page 10 1 | |
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1816 | + | Fund, the Constitutional Reserve Fund, or the Education Reform | |
1817 | + | Revolving Fund of the State Department of Education. Such programs | |
1818 | + | must be adjusted or discontinued according to available lottery | |
1819 | + | proceeds unless the Legislature by general law establishes | |
1820 | + | eligibility requirements and appropriates specific fund s therefor. | |
1821 | + | No surplus in the Oklaho ma Education Lottery Trust Fund shall be | |
1822 | + | reduced or transferred to correct any nonlottery deficiencies in | |
1823 | + | sums available for general appropriations. The provisions of this | |
1824 | + | subsection shall not apply to bonds or other o bligations issued | |
1825 | + | pursuant to or to the repayment of bonds or other obligations issued | |
1826 | + | pursuant to the Oklahoma Higher Education Promise of Excellence Act | |
1827 | + | of 2005. | |
1828 | + | H. G. There is hereby created in the State Treasury a revolving | |
1829 | + | fund to be designated the “Oklahoma Education Lottery Revolving | |
1830 | + | Fund”. The fund shall be a continuing fund, not sub ject to fiscal | |
1831 | + | year limitations, and shall consist of all monies received by the | |
1832 | + | Commission. The Commission shall make payments of net proceeds from | |
1833 | + | the fund to the Oklahoma Education Lottery Trust Fund on or before | |
1834 | + | the fifteenth day of each calendar quar ter as provided in subsection | |
1835 | + | C B of this section. All monies accruing to the credit of the | |
1836 | + | Oklahoma Education Lottery Revolving Fund are hereby appropriated | |
1837 | + | and may be budgeted and expended for the paymen t of net proceeds, | |
1838 | + | prizes, commissions to retailers, administrative expenses and all | |
1839 | + | other expenses arising out of the operation of the education | |
1840 | + | ||
1841 | + | ENGR. S. B. NO. 612 Page 11 1 | |
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1866 | + | lottery, subject to the limitations provided in the Oklahoma | |
1867 | + | Education Lottery Act. Expenditures from the fun d shall be made | |
1868 | + | upon warrants issued by the State Treasurer against claims filed as | |
1869 | + | prescribed by law with the Director of the Office of Management and | |
1870 | + | Enterprise Services for approval and payment. | |
1871 | + | The monies in the fund shall be invested by the State Trea surer | |
1872 | + | in accordance with state investment practices. All earnings | |
1873 | + | attributable to such investments shall likewise accrue to the credit | |
1874 | + | of the fund. | |
1875 | + | I. H. When appropriations from the Oklahoma Education Lottery | |
1876 | + | Trust Fund are made to common education purs uant to the provisions | |
1877 | + | of subparagraph a of paragraph 1 of subsection D C of this section, | |
1878 | + | the appropriations shall be made available on a monthly basis. In | |
1879 | + | addition to the provisions of subsections C B and D C of this | |
1880 | + | section, the following process shall be used to ensure that the | |
1881 | + | appropriations are made available to common education in a timely | |
1882 | + | manner: | |
1883 | + | 1. Beginning in July of the fiscal year in which appropriations | |
1884 | + | are made to common education from the Oklahoma Education Lottery | |
1885 | + | Trust Fund, the Commissio n, on or before the ninth day of each | |
1886 | + | month, shall transfer to the State Treasurer, for credit to the | |
1887 | + | Oklahoma Education Lottery Trust Fund, the amount of net proceed s | |
1888 | + | accruing during the preceding month equal to the amount of total | |
1889 | + | ||
1890 | + | ENGR. S. B. NO. 612 Page 12 1 | |
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1914 | + | ||
1915 | + | monthly collections due to common education as required by | |
1916 | + | subparagraph a of paragraph 1 of subsection D C of this section; | |
1917 | + | 2. The Director of the Office of Management and Enterprise | |
1918 | + | Services shall allocate the transfers provided for in paragraph 1 of | |
1919 | + | this subsection to the State Department of Education on a monthly | |
1920 | + | basis, not to exceed one-twelfth (1/12) of the annual apportionment | |
1921 | + | for the fiscal year; and | |
1922 | + | 3. The total amount of transfers to the Oklahoma Education | |
1923 | + | Lottery Trust Fund of net lottery proceeds made pursuant to this | |
1924 | + | subsection shall not exceed the total appropriations made to common | |
1925 | + | education from the Oklahoma Education Lottery Trust Fund for the | |
1926 | + | specific fiscal year. | |
1927 | + | J. I. When appropriations from the Oklahoma Education Lottery | |
1928 | + | Trust Fund are made to The Oklahoma Sta te System of Higher | |
1929 | + | Education, the appropriations shall be made available to the System | |
1930 | + | on a monthly basis. In addition to the provisions of subsections C | |
1931 | + | B and D C of this section, the following process shall be used to | |
1932 | + | ensure that the appropriations are mad e available to The Oklahoma | |
1933 | + | State System of Higher Education i n a timely manner: | |
1934 | + | 1. Beginning in July of the fiscal year in which appropriations | |
1935 | + | are made to The Oklahoma State System of Higher Education from the | |
1936 | + | Oklahoma Education Lottery Trust Fund, the Commission, on or before | |
1937 | + | the ninth day of each month, shall tr ansfer to the State Treasurer, | |
1938 | + | for credit to the Oklahoma Education Lottery Trust Fund, the amount | |
1939 | + | ||
1940 | + | ENGR. S. B. NO. 612 Page 13 1 | |
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1964 | + | ||
1965 | + | of net proceeds accruing during the preceding month equal to the | |
1966 | + | amount of total monthly collec tions due to the Oklahoma State | |
1967 | + | Regents for Higher Education a s required by subparagraph b of | |
1968 | + | paragraph 1 of subsection D C of this section; | |
1969 | + | 2. The Director of the Office of Management and Enterprise | |
1970 | + | Services shall allocate the transfers provided for in paragraph 1 of | |
1971 | + | this subsection to the Oklahoma State Regents for Higher Education | |
1972 | + | on a monthly basis, not to exceed one-twelfth (1/12) of the annual | |
1973 | + | apportionment for the fiscal year; and | |
1974 | + | 3. The total amount of transfers to the Oklahoma Education | |
1975 | + | Lottery Trust Fund of net lottery proceeds made pursuant to this | |
1976 | + | subsection shall not exceed the total appropriations made to The | |
1977 | + | Oklahoma State System for Higher Education from the Oklahoma | |
1978 | + | Education Lottery Trust Fund for the specific fiscal year. | |
1979 | + | SECTION 10. AMENDATORY 3A O.S. 2021, Section 724, is | |
1980 | + | amended to read as follows: | |
1981 | + | Section 724. A. Proceeds of any lottery prize shall be subject | |
1982 | + | to the Oklahoma state income tax. | |
1983 | + | B. Attachments, garnishment s, or executions authorized and | |
1984 | + | issued pursuant to law shall be withheld if timely served upon the | |
1985 | + | Oklahoma Lottery Com mission. This subsection sha ll not apply to | |
1986 | + | payment of prizes by a retailer. | |
1987 | + | C. The Commission shall adopt policies and procedures to | |
1988 | + | establish a system of verifying the validity of tick ets or shares | |
1989 | + | ||
1990 | + | ENGR. S. B. NO. 612 Page 14 1 | |
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2014 | + | ||
2015 | + | claimed to win prizes and to effect payment of the pri zes, except | |
2016 | + | that: | |
398 | 2017 | 1. No prize, any portion of a prize, or any right of any person | |
399 | 2018 | to a prize awarded shall be assignable. Any prize or any portion of | |
400 | 2019 | a prize remaining unpaid at the deat h of a prize winner shall be | |
401 | 2020 | paid to the estate of the deceased priz e winner or to the trustee of | |
402 | 2021 | a trust established by the deceased prize winner as settlor if a | |
403 | 2022 | copy of the trust document or instrument h as been filed with the | |
404 | 2023 | Commission along with a nota rized letter of direction from the | |
405 | 2024 | settlor and no written notice of revocation has been received by the | |
406 | 2025 | Commission prior to the death of the settlor. Following the death | |
407 | 2026 | of a settlor and prior to any paym ent to a successor trustee, the | |
408 | 2027 | Commission shall obtain from the trustee a written agreement to | |
409 | 2028 | indemnify and hold the Commission harmless with resp ect to any | |
410 | 2029 | claims that may be asserted against the Commission arising from | |
411 | 2030 | payment to or through the trust. Notwithstanding any other | |
412 | 2031 | provisions of this secti on, any person, pursuant to an appropriate | |
413 | 2032 | judicial order, shall be paid the prize to which a win ner is | |
414 | 2033 | entitled; | |
415 | - | ||
416 | 2034 | 2. No prize shall be paid arising from claimed tickets that | |
417 | 2035 | are: | |
418 | - | ||
419 | 2036 | a. stolen, counterfeit, a ltered, fraudulent, unissued, | |
420 | 2037 | produced or issued in error, unreadable, not received, | |
2038 | + | ||
2039 | + | ENGR. S. B. NO. 612 Page 15 1 | |
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421 | 2064 | or not recorded by the Commission within applicable | |
422 | 2065 | deadlines, | |
423 | - | ||
424 | 2066 | b. lacking in captions that conform and agree with the | |
425 | 2067 | play symbols as appropriate to the particular lottery | |
426 | 2068 | game involved, or | |
427 | - | ||
428 | 2069 | c. not in compliance with such a dditional public or | |
429 | 2070 | confidential validation and security tests of th e | |
430 | 2071 | Commission appropriate to t he particular lottery game | |
431 | 2072 | involved; | |
432 | - | ||
433 | 2073 | 3. No particular prize in any lottery game shall be paid more | |
434 | 2074 | than once, and in the event of a determination that more th an one | |
435 | 2075 | claimant is entitled to a particular prize, the sole remedy o f the | |
436 | 2076 | claimants is the award to each of them of an equal share in the | |
437 | 2077 | prize; | |
438 | - | ||
439 | - | ||
440 | - | ENR. S. B. NO. 612 Page 11 | |
441 | 2078 | 4. A holder of a winning cash ticket or share from a lotter y | |
442 | 2079 | game shall claim a cash prize within one hundred eighty (180) days, | |
443 | 2080 | or for a multistate or multisovereign lottery gam e within one | |
444 | 2081 | hundred eighty (180) days, after the drawing in which the cash prize | |
445 | 2082 | was won. In any Oklahoma lottery game in which the pla yer may | |
446 | 2083 | determine instantly if the player has won o r lost, the player shall | |
447 | 2084 | claim a cash prize within ninety (90) days, or for a multistate | |
448 | 2085 | lottery game within one hundred eighty (180) days, after the end of | |
449 | 2086 | the lottery game. If a valid claim is not made for a cash prize | |
2087 | + | ||
2088 | + | ENGR. S. B. NO. 612 Page 16 1 | |
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450 | 2113 | within the applicable period, the cash prize shall constitute an | |
451 | 2114 | unclaimed prize for purposes of the O klahoma Education Lottery Act ; | |
452 | - | ||
453 | 2115 | 5. Any person or persons claiming a lottery prize exceeding Six | |
454 | 2116 | Hundred Dollars ($600.00) shall provide t he Commission with their | |
455 | 2117 | name, address, social security number or tax identification number, | |
456 | 2118 | and sufficient valid ident ification as proof of the same prior to | |
457 | 2119 | payment of the prize by the Commission. This information shall be | |
458 | 2120 | confidential for purposes of the Oklahoma Open Records Act , except | |
459 | 2121 | for the person’s first name, city of residence, and prize amount; | |
460 | 2122 | and | |
461 | - | ||
462 | 2123 | 6. Any person or persons claiming a lott ery prize exceeding | |
463 | 2124 | Five Thousand Dollars ($5,000.00) shall provide the Commission with | |
464 | 2125 | their name, address, social security numb er or tax identification | |
465 | 2126 | number, proof of social security n umber or tax identification | |
466 | 2127 | number, and sufficient valid identification prior to payment of the | |
467 | 2128 | prize by the Commission. This information shall be confiden tial for | |
468 | 2129 | purposes of the Oklahoma Open Records Act, e xcept for the person ’s | |
469 | 2130 | first name, city of residence, and prize amount; and | |
470 | - | ||
471 | 2131 | 7. Any person or persons claimin g a lottery prize exceeding Six | |
472 | 2132 | Hundred Dollars ($600.00) as a trust shall provide for each pe rson | |
473 | 2133 | entitled to any portion of the prize their name, address, social | |
474 | 2134 | security number or tax identification number, proof of social | |
475 | 2135 | security number or tax identificatio n number, and sufficient valid | |
476 | 2136 | identification as proof of the same and trust certifications prior | |
2137 | + | ||
2138 | + | ENGR. S. B. NO. 612 Page 17 1 | |
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477 | 2163 | to payment of the prize by the Commission except that such | |
478 | 2164 | information specified in this paragraph shall be conf idential and | |
479 | 2165 | not subject to the provisions of the Oklahoma Open Records Act. | |
480 | - | ||
481 | 2166 | D. No prize shall be paid upon a ticket or sh are purchased or | |
482 | 2167 | sold in violation of the Oklahoma Education Lottery Act. Any such | |
483 | - | ||
484 | - | ENR. S. B. NO. 612 Page 12 | |
485 | 2168 | prize shall constitute an unclaimed prize for pur poses of the | |
486 | 2169 | Oklahoma Education Lottery Act. | |
487 | - | ||
488 | 2170 | E. The Commission is discharged of all liability upon payment | |
489 | 2171 | of a prize. | |
490 | - | ||
491 | 2172 | F. No ticket or share shall be purchased by and no prize shall | |
492 | 2173 | be paid to any member of the boar d of trustees of the Oklahoma | |
493 | 2174 | Lottery Commission, any officer or employee of the Comm ission, or to | |
494 | 2175 | any spouse, child, brother, sister, or parent residing as a mem ber | |
495 | 2176 | of the same household in the principal place of residence of any | |
496 | 2177 | such person. No ticket o r share shall be purchased by and no pr ize | |
497 | 2178 | shall be paid to any officer, employee, ag ent, or subcontractor of | |
498 | 2179 | any vendor or to any spouse, child, brother, sister, or parent | |
499 | 2180 | residing as a member of the same household in the principal place of | |
500 | 2181 | residence of any such person if the officer, employee , agent, or | |
501 | 2182 | subcontractor has access to confid ential information which may | |
502 | 2183 | compromise the integrity of the lottery. | |
503 | - | ||
504 | 2184 | G. Unclaimed prize money shall not constitute net lottery | |
505 | 2185 | proceeds. The first Seven Hundred Fifty T housand Dollars | |
506 | 2186 | ($750,000.00) of unclai med prize money accruing annually shall be | |
2187 | + | ||
2188 | + | ENGR. S. B. NO. 612 Page 18 1 | |
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507 | 2213 | transferred to the Department of Mental Health and Substance Abuse | |
508 | 2214 | Services for the treatment of compulsive gambling disorder and | |
509 | 2215 | educational programs related to such disorde r. All other unclaimed | |
510 | 2216 | prize money shall be added to the pool from which future priz es are | |
511 | 2217 | to be awarded or used for special prize promotions. | |
512 | - | ||
513 | - | SECTION 4. AMENDATORY 3A O.S. 2021, Section 733, is | |
2218 | + | SECTION 11. AMENDATORY 3A O.S. 2021, Section 733, is | |
514 | 2219 | amended to read as follows: | |
515 | - | ||
516 | 2220 | Section 733. To ensure the financial integrity of the lottery , | |
517 | 2221 | the Oklahoma Lottery Commis sion through its board of trustees shall: | |
518 | - | ||
519 | 2222 | 1. Submit quarterly and annual reports to the Governor, State | |
520 | - | Auditor and Inspector, Oklahoma State Bureau of Investigation, | |
2223 | + | Auditor and Inspector, Oklahoma State Bureau of Investigation, and | |
521 | 2224 | Attorney General, and the oversight committee created b y Section 734 | |
522 | 2225 | of this title, disclosing the total lottery revenues, prize | |
523 | 2226 | disbursements, operating expens es, and administrative expenses of | |
524 | 2227 | the Commission during the reporting period . The annual report shall | |
525 | 2228 | additionally describe the organizational struct ure of the Commission | |
526 | - | ||
527 | - | ENR. S. B. NO. 612 Page 13 | |
528 | 2229 | and summarize the functions performed by each organizational | |
529 | 2230 | division within the Co mmission; | |
530 | - | ||
531 | 2231 | 2. Adopt a system of internal audits; | |
532 | - | ||
533 | 2232 | 3. Maintain weekly or more frequent records o f lottery | |
534 | 2233 | transactions, including the distribution of ti ckets or shares to | |
535 | 2234 | retailers, revenues received, claims for prizes, prizes paid, prizes | |
536 | 2235 | forfeited, and other financial transactions of the Commission; | |
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537 | 2261 | ||
538 | 2262 | 4. Contract with a certified public accountant or firm for an | |
539 | 2263 | annual financial audit of the Commission. The certified public | |
540 | 2264 | accountant or firm shall have no financial interest in any vendor | |
541 | 2265 | with whom the Commission is under contract. The certified public | |
542 | 2266 | accountant or firm shall present an audit rep ort not later than | |
543 | 2267 | seven (7) months after the end of the fiscal year. The certified | |
544 | 2268 | public accountant or firm shall evaluate the internal auditing | |
545 | 2269 | controls in effect during the audit period. The cost of this annual | |
546 | 2270 | financial audit shall be an operating e xpense of the Commission. | |
547 | 2271 | The State Auditor and Inspecto r may at any time conduct an audit of | |
548 | 2272 | any phase of the operations of the Commission at the expense of th e | |
549 | 2273 | Commission and shall receive a copy of the annual independent | |
550 | 2274 | financial audit. A copy of any audit performed by the certified | |
551 | 2275 | public accountant or fi rm or the State Auditor and I nspector shall | |
552 | 2276 | be transmitted to the Governor, the President Pro Tempore of the | |
553 | - | Senate, and the Speaker of the House of Representatives, the State | |
554 | - | Auditor and Inspector, and the cochairs of the oversight committee | |
555 | - | created in Section 734 of this title; | |
556 | - | ||
2277 | + | Senate, and the Speaker of the House of Representatives, and the | |
2278 | + | State Auditor and Inspect or, and the cochairs of the oversight | |
2279 | + | committee created in Section 734 of this title ; | |
557 | 2280 | 5. Submit to the Office of Management and Enterprise Services | |
558 | 2281 | and the State Auditor and Inspector by June 30 of each year a copy | |
559 | 2282 | of the annual operating budget for the C ommission for the next | |
560 | 2283 | fiscal year. This annual operatin g budget shall be approved by the | |
561 | 2284 | board and be on such forms as prescribed by the Office of Management | |
562 | 2285 | and Enterprise Services; and | |
563 | 2286 | ||
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564 | 2312 | 6. For informational purposes only, submit Submit to the Office | |
565 | 2313 | of Management and Enterprise Services on September 1 by October 1 of | |
566 | 2314 | each year a proposed operating budget for the Commission for the | |
567 | 2315 | succeeding fiscal year. The budget proposal shall also be | |
568 | 2316 | accompanied by an estimate of the net proceeds to be deposited in to | |
569 | 2317 | the Oklahoma Education Lottery Trust Fund during the s ucceeding | |
570 | - | ||
571 | - | ENR. S. B. NO. 612 Page 14 | |
572 | 2318 | fiscal year. The budget estimate shall be on such forms as | |
573 | 2319 | prescribed by the Office of Manage ment and Enterprise Services. | |
574 | - | ||
575 | - | SECTION 5. AMENDATORY 51 O.S. 2021, Sec tion 24A.5, is | |
2320 | + | SECTION 12. AMENDATORY 51 O.S. 2021, Sec tion 24A.5, is | |
576 | 2321 | amended to read as follows: | |
577 | - | ||
578 | 2322 | Section 24A.5. All records of public bodie s and public | |
579 | 2323 | officials shall be open to any person for inspection, copying, or | |
580 | 2324 | mechanical reproduction during regular business hours; provid ed: | |
581 | - | ||
582 | 2325 | 1. The Oklahoma Open Reco rds Act, Sections 24A.1 through 24A.30 | |
583 | 2326 | of this title, does not apply to records specif ically required by | |
584 | 2327 | law to be kept confidential including: | |
585 | - | ||
586 | 2328 | a. records protected by a sta te evidentiary privilege | |
587 | 2329 | such as the attorney -client privilege, the work | |
588 | 2330 | product immunity from discovery and the identity of | |
589 | 2331 | informer privileges, | |
590 | - | ||
591 | 2332 | b. records of what tran spired during meetings of a public | |
592 | 2333 | body lawfully closed to the public such as executive | |
593 | 2334 | sessions authorized under the Oklahoma Open Meeting | |
594 | 2335 | Act, | |
595 | 2336 | ||
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596 | 2362 | c. personal information w ithin driver records as defined | |
597 | 2363 | by the Driver’s Privacy Protection Act, 18 United | |
598 | 2364 | States Code, Sections 2721 through 2725, | |
599 | - | ||
600 | 2365 | d. information in the files of the Board of Medico legal | |
601 | 2366 | Investigations obtained pursuant to Sections 94 0 and | |
602 | 2367 | 941 of Title 63 of the O klahoma Statutes that may be | |
603 | 2368 | hearsay, preliminary unsubstantiated investigation - | |
604 | 2369 | related findings, or confidential medical information, | |
605 | 2370 | or | |
606 | - | ||
607 | 2371 | e. any test forms, question banks a nd answer keys | |
608 | 2372 | developed for state licensure examinat ions, but | |
609 | 2373 | specifically excludi ng test preparation materials or | |
610 | 2374 | study guides, or | |
611 | - | ||
612 | 2375 | f. last names, addresses, social sec urity numbers or tax | |
613 | 2376 | identification numbers , and proof of identification | |
614 | - | ||
615 | - | ENR. S. B. NO. 612 Page 15 | |
616 | 2377 | submitted to the Oklahoma Lottery Commission by | |
617 | 2378 | persons claiming a lotter y prize; | |
618 | - | ||
619 | 2379 | 2. All Social Security numbers i ncluded in a record may be | |
620 | 2380 | confidential regardless of the person ’s status as a public employee | |
621 | 2381 | or private individual and may be redacted or delete d prior to | |
622 | 2382 | release of the record by the public body; | |
623 | - | ||
624 | 2383 | 3. Any reasonably segregable portion of a record contain ing | |
625 | 2384 | exempt material shall be provided a fter deletion of the exempt | |
626 | 2385 | portions; provided however, the Department of Public Safety shall | |
2386 | + | ||
2387 | + | ENGR. S. B. NO. 612 Page 22 1 | |
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627 | 2412 | not be required to assemble for the requesting perso n specific | |
628 | 2413 | information, in any format, from driving records relating to any | |
629 | 2414 | person whose name and date of birt h or whose driver license num ber | |
630 | 2415 | is not furnished by the requesting person. | |
631 | - | ||
632 | 2416 | The Oklahoma State Bureau of In vestigation shall not be required | |
633 | 2417 | to assemble for the requesting person any criminal history records | |
634 | 2418 | relating to persons whose names, dates of birth, and other | |
635 | 2419 | identifying information required by the Oklahoma State Bureau of | |
636 | 2420 | Investigation pursuant to admin istrative rule are not furnished by | |
637 | 2421 | the requesting person; | |
638 | - | ||
639 | 2422 | 4. Any request for a record which contains individ ual records | |
640 | 2423 | of persons, and the cost of copying, reproducing or cert ifying each | |
641 | 2424 | individual record is otherwise prescribed by state law, the cost m ay | |
642 | 2425 | be assessed for each individual reco rd, or portion thereof requested | |
643 | 2426 | as prescribed by state law. Otherwise , a public body may charge a | |
644 | 2427 | fee only for recovery of the reasonable , direct costs of record | |
645 | 2428 | copying, or mechanical reproduction. Notwithstanding any state or | |
646 | 2429 | local provision to the co ntrary, in no instance shall the record | |
647 | 2430 | copying fee exceed twenty -five cents ($0.25) per page for records | |
648 | 2431 | having the dimensions of eight an d one-half (8 1/2) by fourteen (14) | |
649 | 2432 | inches or smaller, or a maximum of One Dol lar ($1.00) per copied | |
650 | 2433 | page for a certified copy. However, if the request: | |
651 | - | ||
652 | 2434 | a. is solely for commercial purpos e, or | |
2435 | + | ||
2436 | + | ENGR. S. B. NO. 612 Page 23 1 | |
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653 | 2460 | ||
654 | 2461 | b. would clearly cause excessive disruption of the | |
655 | 2462 | essential functions of the public body, | |
656 | - | ||
657 | - | ||
658 | - | ENR. S. B. NO. 612 Page 16 | |
659 | 2463 | then the public body may charge a reasonable fee to recover the | |
660 | 2464 | direct cost of record se arch and copying; however, publication in a | |
661 | 2465 | newspaper or broadcast by n ews media for news purposes shall not | |
662 | 2466 | constitute a resale or use of a record for trade or commercial | |
663 | 2467 | purpose and charges for providing copies of e lectronic data to the | |
664 | 2468 | news media for a news purpose shall not exceed the direct cost of | |
665 | 2469 | making the copy. The fee charged by the Department of Public Safety | |
666 | 2470 | for a copy in a compu terized format of a record of the Department | |
667 | 2471 | shall not exceed the direct cost of making the copy unless the fee | |
668 | 2472 | for the record is otherwise set by law. | |
669 | - | ||
670 | 2473 | Any public body establishing fees un der this act shall post a | |
671 | 2474 | written schedule of the fees at its princi pal office and with the | |
672 | 2475 | county clerk. | |
673 | - | ||
674 | 2476 | In no case shall a search fee be charged when the release of | |
675 | 2477 | records is in the public interest, including, but not limited to, | |
676 | 2478 | release to the news med ia, scholars, authors and taxpayers see king | |
677 | 2479 | to determine whether tho se entrusted with the affairs of the | |
678 | 2480 | government are honestly, faithfully, and competently performing | |
679 | 2481 | their duties as public servants. | |
680 | - | ||
681 | 2482 | The fees shall not be used for the purpose of discoura ging | |
682 | 2483 | requests for information or as obs tacles to disclosure of reque sted | |
683 | 2484 | information; | |
2485 | + | ||
2486 | + | ENGR. S. B. NO. 612 Page 24 1 | |
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684 | 2510 | ||
685 | 2511 | 5. The land description tract index of all recorded instrum ents | |
686 | 2512 | concerning real property required to be kept by the county clerk of | |
687 | 2513 | any county shall be available for ins pection or copying in | |
688 | 2514 | accordance with the provisions of the Oklahoma Open Records Act; | |
689 | 2515 | provided, however, the index shall not be copied or mechani cally | |
690 | 2516 | reproduced for the purpose of sal e of the information; | |
691 | - | ||
692 | 2517 | 6. A public body must provide prompt, reasonable access to its | |
693 | 2518 | records but may establis h reasonable procedures which protect the | |
694 | 2519 | integrity and organization of its records and to prevent excessiv e | |
695 | 2520 | disruptions of its essential function s. A delay in providing access | |
696 | 2521 | to records shall be limited solely to t he time required for | |
697 | 2522 | preparing the requested documents and the avoid ance of excessive | |
698 | 2523 | disruptions of the public body’s essential functions. In no event | |
699 | 2524 | may production of a current requ est for records be unreasonably | |
700 | 2525 | delayed until after completion of a pri or records request that will | |
701 | - | ||
702 | - | ENR. S. B. NO. 612 Page 17 | |
703 | 2526 | take substantially longer than the curr ent request. Any public body | |
704 | 2527 | which makes the requested records available on t he Internet shall | |
705 | 2528 | meet the obligation o f providing prompt, reasonable access to its | |
706 | 2529 | records as required by thi s paragraph; and | |
707 | - | ||
708 | 2530 | 7. A public body shal l designate certain persons w ho are | |
709 | 2531 | authorized to release records of the public body for inspection, | |
710 | 2532 | copying, or mechanical reproduction. At leas t one person shall be | |
711 | 2533 | available at all times to release records during the regular | |
712 | 2534 | business hours of the publi c body. | |
713 | 2535 | ||
714 | - | SECTION 6. REPEALER 3A O.S. 2021, Section 706, is hereby | |
715 | - | repealed. | |
716 | - | ||
717 | - | SECTION 7. This act shall become effective November 1, 2023. | |
718 | - | ||
719 | - | ||
720 | - | ENR. S. B. NO. 612 Page 18 | |
721 | - | Passed the Senate the 24th day of May, 2023. | |
2536 | + | ENGR. S. B. NO. 612 Page 25 1 | |
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2560 | + | ||
2561 | + | SECTION 13. REPEALER 3A O.S. 2021, Sections 706 and 734, | |
2562 | + | are hereby repealed. | |
2563 | + | SECTION 14. This act shall become effective November 1, 2023. | |
2564 | + | Passed the Senate the 7th day of March, 2023. | |
722 | 2565 | ||
723 | 2566 | ||
724 | 2567 | ||
725 | 2568 | Presiding Officer of the Senate | |
726 | 2569 | ||
727 | 2570 | ||
728 | - | Passed the House of Representat ives the 26th day of April, 2023. | |
2571 | + | Passed the House of Representatives the ____ day of __________, | |
2572 | + | 2023. | |
729 | 2573 | ||
730 | 2574 | ||
731 | 2575 | ||
732 | 2576 | Presiding Officer of the House | |
733 | 2577 | of Representatives | |
734 | 2578 | ||
735 | - | OFFICE OF THE GOVERNOR | |
736 | - | Received by the Office of the Governor this _______ _____________ | |
737 | - | day of _________________ __, 20_______, at _______ o'clock _______ M. | |
738 | - | By: _________________________________ | |
739 | - | Approved by the Governor of the State of Oklahoma this _____ ____ | |
740 | - | day of _________________ __, 20_______, at _______ o'clock _______ M. | |
741 | - | ||
742 | - | _________________________________ | |
743 | - | Governor of the State of Oklahoma | |
744 | - | ||
745 | - | ||
746 | - | OFFICE OF THE SECRETARY OF STATE | |
747 | - | Received by the Office of the Secretary of State this _______ ___ | |
748 | - | day of __________________, 20 _______, at _______ o'clock _______ M. | |
749 | - | By: _______________________________ __ | |
2579 | + |