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ENGROSSED SENATE
BILL NO. 616 By: Howard of the Senate
and
Kannady of the House
An Act relating to lotteries; amending 21 O.S . 2021,
Section 1051, which r elates to organizations
permitted to issue tickets ; modifying requirements
for certain tickets; modifying persons authorized to
conduct raffles for qualified orga nization; updating
statutory references; and providing an effecti ve
date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 21 O.S. 2021, Section 1051, is
amended to read as follows:
Section 1051. A. A lottery is any scheme for the disposal or
distribution of property by chance among persons wh o have paid, or
promised, or agreed to pay any valuable consideration for the chance
of obtaining such property, or a portion of it , or for any share of
or interest in such property, upon any agreement, understanding or
expectation that it is to be distrib uted or disposed of by a lot or
chance, whether called a lottery, a r affle, or a gift enterprise, or
by whatever name the same may be known. “Valuable consideration ”
shall be construed to mean money or goods of actual pecuniary value.
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Provided, it shall not be a violation of the lottery or g ambling
laws of this state for:
1. The Oklahoma Lottery Commission to conduct a lottery
pursuant to the provisions of the Oklahoma Education Lottery Act;
2. A bona fide resident merchant or merchants of a city or
town, acting in conjunction with the Cham ber of Commerce or
Commercial Club of this state thereof, to issue free of charge
numbered tickets on sales of merchandise, the corresponding stub of
one or more of which tickets to be drawn or chosen by lot by a
representative or representatives of the Ch amber of Commerce or of
the Commercial Club in the manner set forth on the tickets, the
numbered stub or stubs so drawn to entitle the holder of the
corresponding numbered issued ticket to a valuable prize donated by
the merchant;
3. A bona fide community chest welfare fund on a militar y post
or reservation to issue numbered tickets in conjunction with
voluntary contributions to the fund, the corresponding stub or stubs
of one or more of the tickets to be drawn by lot under the
supervision of a military co mmander, the stub or stubs so dr awn
entitling the ticket holder to a prize of some value. Pro vided,
however, that no person shall sell tickets or receive contributions
to the fund off the military reservation;
4. a. A qualified organization to raise funds by issuing
numbered tickets in conjunction with voluntary
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contributions to the qualified org anization, the
corresponding stub or stubs numbered ticket or tickets
of one or more of the tickets to be drawn by lot under
the supervision of an official of the qualified
organization, the stub or stubs corresponding numbered
ticket or tickets so drawn entitling the ticket holder
to a prize. As used in this paragraph, “qualified
organization” means:
(1) a church,
(2) a public or private school accredited by the
State Department of Education or registered by
the State Board of Education for purposes of
participating in federal programs,
(3) a student group or organization affiliated with a
public or private school qualified pur suant to
division (2) of this subparag raph,
(4) a parent-teacher association or organization
affiliated with a public or private sch ool
qualified pursuant to division (2) of this
subparagraph,
(5) fire departments,
(6) police departments,
(7) organizations that are exempt from taxation
pursuant to the provisions of subsectio n (c) of
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Section 501 of the United States Internal Revenue
Code, as amended, 26 U.S.C., Section 501(c) et
seq., or
(8) an “organization” as such term is defined in
paragraph 20 of Sectio n 402 of Title 3A of the
Oklahoma Statutes.
b. Any raffle conducted by a qualified organization shall
be conducted by employees or members of the qualified
organization without compensation to any member or
employees of a company as sociated with or an affi liate
of the qualified organization, w hether paid or unpaid;
provided, such persons shall not be provided with
additional compensati on, incentives, or bonuses based
on the number of tickets sold. The qualified
organization shall not hire or contract with any
person or business association, co rporation,
partnership, limited partnership or limited liability
company to conduct a raffle, to sell raffle ticke ts or
to solicit contributions in connection with a raffle
on behalf of the organization;
5. The Oklahoma Department of Wildlife Conservation to conduct
controlled, draw, lo ttery or raffle hunts; or
6. Savings promotion raffle accoun ts or programs pursu ant to
Section 1 of this act 908 of Title 6 of th e Oklahoma Statutes.
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B. If the Oklahoma Education Lotte ry Act ceases to have the
force and effect of law pursuant to Section 735 of Title 3A of the
Oklahoma Statutes, the provisions of p aragraph 3 of subsection A of
this section shall cease to ha ve the force and effect of law.
SECTION 2. This act shall become effective November 1, 2023.
Passed the Senate the 8th day of March, 2023.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2023.
Presiding Officer of the House
of Representatives