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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 950 By: Montgomery
AS INTRODUCED
An Act relating to the Oklahoma Charity Games Act;
creating the Electronic Pull-Tab Device Act;
providing short title; amending 3A O.S. 2021, Section
402, which relates to definitions; defining term;
authorizing ABLE Commission to approve each device;
requiring certain specifications for each device;
prohibiting certain specifications; requiring devices
to withstand illegal force; specifying number of
devices per licensed establishment; providing for
promulgation of rules; providing for codification;
and providing an effective date .
BE IT ENACTED BY THE PEO PLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 428 of Title 3A, unless there is
created a duplication in numbering, reads as follows:
This act shall be known and may be cited as the “Electronic
Pull-Tab Device Act”.
SECTION 2. AMENDATORY 3A O.S. 2021, Section 402, is
amended to read as follows:
Section 402. As used in the Oklahoma Charity Games Act, Section
401 et seq. of this title:
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1. “Bingo” means a game in which each player receives a bingo
face and covers the squares according to the numbers, letters, or
combination of numbers an d letters that have been announced by the
caller. The numbers and letters call ed are on an object selected at
random either manually or mechanically from a receptacle in which
have been placed the objects bearing the numbers, letters, or
combinations of numbers and letters corresponding to the system used
for designating the bingo f ace squares. The winner of each bingo
game is the player who first properly covers a predet ermined and
announced pattern of squares upon the bingo face being used by the
player;
2. “Bingo face” means a flat piece of paper which is marked off
into any number of squares in any arrangemen t of rows, with each
square being designated by number, lett er or combination of numbers
and letters and with one or more squares designated as a “free”
space with the word “Oklahoma” and a facsimile outline of a map of
Oklahoma in it, which cannot be reus ed after the game in which a
player has used it is over;
3. “Breakopen ticket card ” means a single folded or banded
ticket or a card, the face o f which is initially covered or
otherwise hidden from view to conceal a number, letter, symbol, or
set of letters or symbols, a few of which numbers, letters or
symbols out of every set of charity game tickets have been
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designated in advance at random as p rize winners and which is used
in a breakopen ticket game;
4. “Breakopen ticket game” means a game wherein a p layer
receives a breakopen ticket card. A breakopen ticket game shall
meet the following criteria:
a. the game shall be assembled so that no pla cement of
winners or losers exists that allows the possibility
of prize manipulation,
b. the concealed numbers, letters, or symbols shall not
be visible from the outside o f the game using high
intensity lamps. Protection shall be provided by the
opaque paper stock employed, with the possible
addition of colors and printed blockout p atterns or by
use of an aluminum foil laminate,
c. a unique symbol or printed security devic e, such as a
specific number keyed to particular winners or the
name of the symbol or some of the symbol colors
changed for a window, or other similar protection
shall be placed in the winning win dows of prize
windows to ensure that the winner image is uni que,
d. it shall not be possible to detect or pick out winning
from losing tickets th rough variations in printing
graphics, color, or use of different printing plat es,
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e. it shall not be possible to isolate winning or
potential winning tickets from minor v ariations in
size or cutting of the tickets comprising a particular
packet, and
f. each ticket in a game shall have a serial number. All
tickets in a game shall ha ve the same serial number
appearing in a conspicuous place on the ticket;
5. “Business entity” means a person, company, corporation, or
partnership organized for profit;
6. “Charity game” means a bingo game, U -PIK-EM bingo game, or
breakopen ticket game conducted by an organization pur suant to the
provisions of the Oklahoma Charity Games Act;
7. “Charity game equipment ” means any object uniquely designed
for use in the conduct ing of a charity game including, but not
limited to, bingo faces, U -PIK-EM bingo game sets, and breakopen
ticket cards. Items used in conducting charity games which are n ot
charity game equipment are ink markers, furniture and general
furnishings of rooms where charity games are conducted;
8. “Commission” or “ABLE Commission” means the Alcoholic
Beverage Laws Enforcement Commission;
9. “Day session” means the set time fr ame within which
conducting of charity games is authorized beginning no earlier than
10:00 a.m. and ending no later than 5:00 p.m.;
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10. “Deal” means one series of breakopen ticket game cards
which has a stated number of winner payouts and a stated amount of
the payouts;
11. “Distributor” means a person or business entity that sells,
markets, or otherwise provides charity game equipment to an
organization;
12. “Doing business” means either conducting a charity game by
an organization or providing goods or services to an organization by
a business entity;
13. “Employee” means a person who works for compensation in a
licensed charity game establishment;
14. “Electronic pull-tab device” means an electronic device
that displays an instant re sult from a pull-tab game by utilizing a
touchscreen monitor. The device accumulates winnings for the player
and prints out a voucher at the conclusion of play that can be
redeemed for cash or credited to use on another electronic pull-tab
device for continued play;
15. “Immediate family member ” means a spouse, parent, child or
sibling or spouse of a parent, child or sibling of a resident of a
facility exempt from specific provisio ns of the Oklahoma Ch arity
Games Act as provided in subsection C of Section 405 of this titl e;
15. 16. “Licensee” means any person, organization, or business
entity which has received a license from the Commission;
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16. 17. “Location” means the building, including the individual
rooms and equipment in the rooms, grounds, and appurtenances,
including adjacent premises if subject to the direct or indirect
control of the organization while conducting a charity game, which
are used in connection with or in fur therance of the conducting of a
charity game;
17. 18. “Manager” means a person who:
a. is an employee of an organization,
b. has supervisory authority over other employees or over
the conduct of charity games, and
c. has been designated as such by the org anization
pursuant to the provisi ons of subsection D of Section
408 of this title;
18. 19. “Manufacturer” means a person or business entity that
assembles from raw materials, supplies, or subparts to form a
completed series of charity game equipment for u se in charity games
and that sells, markets, or otherwise provides such equipment to a
distributor;
19. 20. “Night session” means the set time frame within which
conducting of charity games is authorized beginning no earlier than
5:00 p.m. and ending no l ater than 12:00 p.m. midnight;
20. 21. “Organization” means a religious, charitable, labor,
fraternal, educational, or other type of association or any branch,
lodge, chapter, or auxiliary of such association which:
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a. operates without profit to its membe rs,
b. has been in existence and been ope rating as a
nonprofit organization for not less tha n two (2) years
prior to applying for an organization license,
c. is exempt from taxation pursuant to the provisions of
paragraphs (3), (4), (5), (6), (7), (8), (9) , (10), or
(19) of subsection (c) of Sect ion 501 or paragraph (1)
of subsection (a) of Secti on 509 of the United States
Internal Revenue Code of 1986, as amended, 26 U.S.C.,
Section 501(c) et seq. or Section 509(a)(1), and
d. formulates bylaws which clearl y identify and
establish:
(1) method of electing officers and their duties,
(2) method by which members are elected, initiated or
admitted,
(3) the rights and privileges of each member,
(4) that each member has one vote, and
(5) that membership rights are personal to the member
and not assignable;
21. 22. “Progressive game” means a game in which prizes are
allowed to be carried over and increased from session to session;
22. 23. “U-PIK-EM bingo game” means a game played wherein a
player writes the numbers on a U-PIK-EM bingo game set. The playe r
retains one sheet of the set and deposits the sec ond sheet in a
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receptacle in the control of the organization. The player then
covers the numbers as the caller announces a number. The numbers
called are on an object selected at random either manually o r
mechanically from a receptacle in which have been placed the objects
bearing the numbers. The winner of each U -PIK-EM bingo game is the
player who first covers all the numbers appearing on the retained
sheet in accordance with the pattern as designated on the sheet; and
23. 24. “U-PIK-EM bingo game set” means two paper sheets of
carbonless paper both bearing identical serial numbers on which a
player writes numbers or letters, wherein one sheet is retained by
the player and used for playing and one shee t is held by the
organization and used for verifyin g winners.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 428.1 of Title 3A, unless there
is created a duplication in numbering, reads as follows:
A. Each electronic pull-tab device shall bear a seal approved
by the ABLE Commission.
B. An electronic pull-tab device shall not be capable of being
used for the purposes of engaging in any game pro hibited by the
Commission.
C. In addition to a video monitor or touch screen, each
electronic pull-tab device may include, but not be limited to, a
bill acceptor, printer, and electromechanical buttons for activatin g
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the game and providing player input, i ncluding a means for the
player to make select ions and choices in games.
D. For each electronic pull-tab device, there shall be located
anywhere within the distributed pull -tab system, nonvolatile memory
or its equivalent. The memory shall be maintained in a secure
location for the purpose of storin g and preserving a set of critical
data that has been error-checked in accordance with the critical
memory requirements of this regulation.
E. An electronic pull-tab device shall not have any switches,
jumpers, wire posts, or other means of manipulation t hat could
affect the operation or outcome of a game . The electronic pull-tab
device may not have any functions or parameters adjustable through
any separate video displ ay or input codes except for the adjustm ent
of features that are wholly cosmetic.
F. An electronic pull-tab device shall not have any of the
following attributes:
1. Spinning or mechanical reels ;
2. Pull handle;
3. Sounds or music solely intended to en tice a player to play ;
4. Flashing lights or tower light;
5. Top box, coin tray, tick et acceptance, hopper, coin
acceptor;
6. Enhanced animation, cabinet, or payglass artwork; or
7. Any other attribute identified by the Commission.
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G. An electronic pull-tab device shall be robust enough to
withstand forced illegal entry that would leave behind physical
evidence of the attempted entry or such entry that causes an error
code that is displayed and transmitted to the distributed pull -tab
system. Any such entry attempt shall inhibit game play un til
cleared and shall not affect the subsequent play or any other play,
prize, or aspect of the ga me.
H. The number of electronic pull -tab devices, other than those
electronic pull-tab devices that are handheld, pre sent at any
premises at which charitable gaming is conducted shall be limited to
ten devices. The Commission shall determine whether an e lectronic
pull-tab device is handheld.
I. The ABLE Commission shall promulgate rules necessary to
implement and enforce the provisions of the Electronic Pull-Tab
Device Act.
SECTION 4. This act shall become effective November 1, 2023.
59-1-1449 MR 1/19/2023 11:19:21 AM