1|ENGROSSED HOUSE AMENDMENT |
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2|ENGROSSED SENATE BILL NO. 1432 By: Howard of the Senate |
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3| and |
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4| Kannady of the House |
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5| |
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6| |
| An Act relating to Oklahoma Education Lottery Act; |
7| amending 3A O.S. 2021, Section 703, which relates to |
| definitions; modifying definitions; amending 3A O.S. |
8| 2021, Section 705, which relates to the board of |
| trustees; removing provisions for initial membership; |
9| amending 3A O.S. 2021, Section 711, which relates to |
| the executive director; modifying reporting |
10| frequency; amending 3A O.S. 2021, Section 712, as |
| amended by Section 1, Chapter 332, O.S.L. 2023 (3A |
11| O.S. Supp. 2023, Section 712), which relates to |
| employees of the Oklahoma Lottery Commission; |
12| removing prohibition of employee from certain |
| employment following termination; updating statutory |
13| language; amending 3A O.S. 2021, Section 713, as last |
| amended by Section 2, Chapter 332, O.S.L. 2023 (3A |
14| O.S. Supp. 2023, Section 713), which relates to the |
| Oklahoma Education Lottery Trust Fund; removing |
15| method of transfer of certain funds; modifying |
| portion of annual appropriation; directing certain |
16| funds from the Oklahoma Education Lottery Trust Fund |
| to go into certain funds; providing for method of |
17| apportionment to be transferred from fund into the |
| specified funds; directing remainder of funds to be |
18| transferred into certain fund by certain date; |
| updating statutory reference; repealing 3A O.S. 2021, |
19| Section 719, which relates to the Fidelity Revolving |
| Fund; repealing 3A O.S. 2021, Section 732, which |
20| relates to negotiable bonds and promissory notes; and |
| providing an effective date. |
21| |
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22| |
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23|AMENDMENT NO. 1. Strike the title, enacting clause, and entire bill |
| and insert: |
24| |
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1| "An Act relating to the Oklahoma Education Lottery |
| Act; amending 3A O.S. 2021, Section 703, which |
2| relates to definitions; modifying definitions; |
| amending 3A O.S. 2021, Section 705, which relates to |
3| the board of trustees; removing provisions for |
| initial membership; amending 3A O.S. 2021, Section |
4| 711, which relates to the executive director; |
| modifying reporting frequency; amending 3A O.S. 2021, |
5| Section 712, as amended by Section 1, Chapter 332, |
| O.S.L. 2023 (3A O.S. Supp. 2023, Section 712), which |
6| relates to employees of the Oklahoma Lottery |
| Commission; updating statutory language; amending 3A |
7| O.S. 2021, Section 713, as last amended by Section 2, |
| Chapter 332, O.S.L. 2023 (3A O.S. Supp. 2023, Section |
8| 713), which relates to the Oklahoma Education Lottery |
| Trust Fund; removing method of transfer of certain |
9| funds; modifying portion of annual appropriation; |
| directing certain funds from the Oklahoma Education |
10| Lottery Trust Fund to go into certain funds; |
| providing for method of apportionment to be |
11| transferred from fund into specified funds; directing |
| remainder of funds to be transferred into certain |
12| fund by certain date; updating statutory reference; |
| repealing 3A O.S. 2021, Section 719, which relates to |
13| the Fidelity Revolving Fund; repealing 3A O.S. 2021, |
| Section 732, which relates to negotiable bonds and |
14| promissory notes; providing an effective date; and |
| declaring an emergency. |
15| |
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16| |
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17| |
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18|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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19| SECTION 1. AMENDATORY 3A O.S. 2021, Section 703, is |
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20|amended to read as follows: |
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21| Section 703. As used in the Oklahoma Education Lottery Act: |
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22| 1. "Administrative expenses" means operating expenses, |
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23|excluding amounts set aside for prizes, regardless of whether such |
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24| |
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1|prizes are claimed and excluding amounts deposited to the Fidelity |
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2|Revolving Fund pursuant to Section 20 of this act; |
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3| 2. "Board" means the board of trustees of the Oklahoma Lottery |
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4|Commission; |
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5| 3. "Capital outlay projects" means the acquisition, |
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6|construction, installation, modification, renovation, repair, |
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7|extension, renewal, replacement, or rehabilitation of land, |
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8|interests in land, buildings, structures, facilities, or other |
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9|improvements and the acquisition, installation, modification, |
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10|renovation, repair, extension, renewal, replacement, rehabilitation, |
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11|or furnishing of fixtures, machinery, equipment, computers, |
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12|software, laboratories, furniture, textbooks, and reference material |
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13|or other property of any nature whatsoever used on, in, or in |
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14|connection with educational facilities; |
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15| 4. "Commission" means the Oklahoma Lottery Commission; |
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16| 5. "Educational facilities" means land, structures, and |
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17|buildings owned or operated by and through the Oklahoma State |
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18|Regents for Higher Education, the State Board of Education, the |
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19|Oklahoma Department of Career and Technology Education, or by any |
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20|school district within this state. A public road or highway leading |
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21|to an educational facility shall not be considered an educational |
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22|facility; |
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23| 6. "Executive director" means the chief executive officer and |
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24|administrator of the Oklahoma Lottery Commission; |
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1| 7. "Gross proceeds" means all revenue derived from the sale of |
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2|lottery tickets or shares and all other monies derived from the |
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3|lottery; |
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4| 8. "Instant ticket" means a lottery ticket that requires the |
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5|player to remove a coating to determine if a prize has been won; |
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6| 9. "Lottery", "lotteries", "lottery game", or "lottery games" |
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7|means an activity conducted by the Commission under the Oklahoma |
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8|Education Lottery Act through which prizes are awarded or |
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9|distributed by chance among persons who have paid for a chance or |
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10|other opportunity to receive a prize, including, but not limited to, |
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11|instant tickets and on-line games, but excluding charity bingo and |
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12|games conducted pursuant to the Oklahoma Charity Games Act, poker, |
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13|blackjack, slot machines, pulltab machines, card games, dice, |
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14|dominos, roulette wheels, or other similar forms of gambling, or |
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15|electronic or video forms of these gambling activities, or games |
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16|where winners are determined by the outcome of a sports contest, or |
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17|pari-mutuel betting conducted pursuant to the Oklahoma Horse Racing |
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18|Act; |
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19| 10. "Major procurement contract" means any gaming product or |
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20|service costing in excess of Twenty-five Thousand Dollars |
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21|($25,000.00), including, but not limited to, major advertising |
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22|contracts, annuity contracts, prize payment agreements, consulting |
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23|services, equipment, tickets, and other products and services unique |
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24|to the Oklahoma lottery, but not including materials, supplies, |
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1|equipment, and services common to the ordinary operations of the |
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2|Commission; |
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3| 11. "Member" or "members" means a trustee or trustees of the |
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4|board of trustees of the Oklahoma Lottery Commission; |
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5| 12. "Member of a minority" means an individual who is a member |
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6|of a race which comprises less than fifty percent (50%) of the total |
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7|population of Oklahoma; |
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8| 13. "Minority business" means any business which is owned by: |
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9| a. an individual who is a member of a minority who |
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10| reports as the personal income of the individual for |
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11| Oklahoma income tax purposes the income of the |
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12| business, |
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13| b. a partnership in which a majority of the ownership |
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14| interest is owned by one or more members of a minority |
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15| who report as their personal income for Oklahoma |
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16| income tax purposes more than fifty percent (50%) of |
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17| the income of the partnership, or |
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18| c. a corporation organized under the laws of this state |
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19| in which a majority of the common stock is owned by |
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20| one or more members of a minority who report as their |
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21| personal income for Oklahoma income tax purposes more |
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22| than fifty percent (50%) of the distributed earnings |
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23| of the corporation; |
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24| |
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1| 14. "Net proceeds" means all revenue derived from the sale of |
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2|lottery tickets or shares and all other monies derived from the |
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3|lottery less operating expenses; |
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4| 15. "On-line games" means a game where tickets or shares are |
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5|purchased through a network of computer terminals located at retail |
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6|outlets, and such terminals are linked to a central computer that |
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7|records the purchases; |
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8| 16. "Operating expenses" means all costs of doing business, |
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9|including, but not limited to, prizes, commissions, and other |
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10|compensation paid to retailers, advertising and marketing costs, |
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11|personnel costs, capital costs, amounts held in or paid from the |
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12|Fidelity Revolving Fund pursuant to Section 20 of this act, debt |
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13|service payments for the payment of the initial expenses of |
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14|start-up, administration, and operation of the Commission and the |
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15|lottery, and other operating costs; |
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16| 17. "Pari-mutuel betting" means the pari-mutuel system of |
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17|wagering as defined in Section 200.1 of Title 3A of the Oklahoma |
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18|Statutes this title. Such term shall not include a lottery game |
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19|which may be predicated on a horse-racing scheme that does not |
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20|involve actual track events or traditional lottery games which may |
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21|involve the distribution of winnings by pools; |
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22| 18. "Person" means any individual, corporation, partnership, |
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23|unincorporated association, limited liability company, or other |
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24|legal entity; |
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1| 19. "Retailer" means a person who sells lottery tickets or |
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2|shares on behalf of the Commission pursuant to a contract; |
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3| 20. "Share" means any intangible evidence of participation in a |
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4|lottery game; |
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5| 21. "Ticket" means any tangible evidence issued by the lottery |
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6|to provide participation in a lottery game; and |
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7| 22. "Vendor" means a person who provides or proposes to provide |
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8|goods or services to the Commission pursuant to a major procurement |
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9|contract, but does not include an employee of the Commission, a |
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10|retailer, or a state agency or instrumentality thereof. Such term |
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11|does not include any corporation whose shares are publicly traded |
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12|and which is the parent company of the contracting party in a major |
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13|procurement contract. |
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14| SECTION 2. AMENDATORY 3A O.S. 2021, Section 705, is |
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15|amended to read as follows: |
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16| Section 705. A. The Oklahoma Lottery Commission shall be |
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17|governed by a board of trustees composed of seven (7) members to be |
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18|appointed by the Governor with the advice and consent of the Senate. |
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19| Not more than two members shall be appointed from any single |
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20|congressional district. |
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21| B. Members shall be residents of the State of Oklahoma, shall |
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22|be prominent persons in their businesses or professions, and shall |
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23|not have been convicted of any felony offense, and shall not be |
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24|awaiting sentencing on a plea of guilt or nolo contendere to a |
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1|felony offense. At least one member of the board shall be engaged |
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2|in the practice of law, at least one member shall be engaged in the |
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3|practice of accounting, and at least one member shall have expertise |
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4|in marketing. |
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5| C. Members shall serve terms of five (5) years, except that of |
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6|the initial members appointed, one shall be appointed for an initial |
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7|term of one (1) year, one shall be appointed for an initial term of |
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8|two (2) years, one shall be appointed for an initial term of three |
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9|(3) years, two shall be appointed for initial terms of four (4) |
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10|years, and two shall be appointed for initial terms of five (5) |
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11|years. Any vacancy occurring on the board shall be filled by the |
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12|Governor by appointment with the advice and consent of the Senate |
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13|for the remainder of the unexpired term. |
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14| D. Members of the board shall not have any direct or indirect |
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15|interest in an undertaking that puts their personal interest in |
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16|conflict with that of the Commission, including, but not limited to, |
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17|an interest in a major procurement contract or a participating |
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18|retailer. |
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19| E. Members of the board shall be reimbursed for travel expenses |
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20|pursuant to the State Travel Reimbursement Act. |
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21| F. The members shall elect from their membership a chair, |
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22|vice-chair, secretary, and treasurer. Such officers shall serve for |
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23|such terms as shall be prescribed by the rules of the Commission or |
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24|until their respective successors are elected and qualified. No |
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1|member of the board shall hold more than any one office of the |
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2|Commission at the same time, except that the same person may serve |
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3|as secretary and treasurer. |
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4| G. The board of trustees shall employ an executive director of |
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5|the Commission. |
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6| H. A majority of members in office shall constitute a quorum |
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7|for the transaction of any business and for the exercise of any |
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8|power or function of the Commission. |
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9| I. All meetings of the board shall be subject to the Oklahoma |
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10|Open Meeting Act. Action may be taken and motions and resolutions |
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11|adopted by the board at any meeting thereof by the affirmative vote |
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12|of a majority of present and voting board members. |
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13| J. No vacancy in the membership of the board shall impair the |
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14|right of the members to exercise all the powers and perform all the |
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15|duties of the board. |
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16| SECTION 3. AMENDATORY 3A O.S. 2021, Section 711, is |
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17|amended to read as follows: |
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18| Section 711. A. The executive director of the Oklahoma Lottery |
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19|Commission shall direct and supervise all administrative and |
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20|technical activities in accordance with the provisions of the |
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21|Oklahoma Education Lottery Act and with the rules promulgated by the |
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22|board of trustees of the Oklahoma Lottery Commission. It shall be |
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23|the duty of the executive director to: |
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24| |
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1| 1. Facilitate the initiation of and supervise and administer |
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2|the operation of the lottery games; |
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3| 2. Employ by contract and compensate such persons and firms as |
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4|deemed necessary; |
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5| 3. Promote or provide for promotion of the lottery and any |
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6|functions related to the Commission; |
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7| 4. Prepare a budget for the approval of the board; |
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8| 5. Require bond from such retailers and vendors in such amounts |
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9|as required by the board; |
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10| 6. Report quarterly annually to the State Auditor and Inspector |
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11|and the board a full and complete statement of lottery revenues and |
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12|expenses for the preceding quarter fiscal year; and |
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13| 7. Perform other duties generally associated with an executive |
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14|director or a chief executive officer of a state lottery. |
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15| B. In accordance with the provisions of the Oklahoma Education |
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16|Lottery Act or the rules of the board, the executive director may |
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17|for good cause suspend, revoke, or refuse to renew any contract |
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18|entered into. |
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19| C. The executive director or designee may conduct hearings and |
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20|administer oaths to persons for the purpose of assuring the security |
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21|or integrity of lottery operations or to determine the |
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22|qualifications of or compliance by vendors and retailers. |
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23| |
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24| |
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1| SECTION 4. AMENDATORY 3A O.S. 2021, Section 712, as |
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2|amended by Section 1, Chapter 332, O.S.L. 2023 (3A O.S. Supp. 2023, |
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3|Section 712), is amended to read as follows: |
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4| Section 712. A. The executive director of the Oklahoma Lottery |
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5|Commission, with the approval of the board of trustees, shall employ |
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6|such personnel as may be necessary to carry out the provisions of |
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7|this act the Oklahoma Education Lottery Act and shall set the |
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8|compensation and terms of compensation of such employees. All |
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9|offices, positions, and personnel of the Oklahoma Lottery Commission |
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10|shall be in the unclassified service. |
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11| B. No employee of the Commission shall have a financial |
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12|interest in any vendor doing business or proposing to do business |
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13|with the Commission. |
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14| C. No employee of the Commission shall participate in any |
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15|decision involving a retailer with whom the employee has a financial |
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16|interest. |
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17| D. No employee of the Commission who leaves the employment of |
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18|the Commission may represent any vendor or lottery retailer before |
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19|the Commission for a period of two (2) years one (1) year following |
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20|termination of employment with the Commission. Provided, however, |
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21|that nothing in this subsection shall be construed as prohibiting an |
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22|individual who has terminated employment with the Commission from |
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23|working for a vendor or lottery retailer. |
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24| |
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1| E. A background investigation shall be conducted on each |
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2|applicant who has reached the final selection process prior to |
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3|employment by the Commission and on every employee of the Commission |
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4|for each calendar year. The results of a background investigation |
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5|shall not be considered a record open to the public pursuant to the |
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6|Oklahoma Open Records Act. |
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7| F. No person who has been convicted of any felony or a |
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8|misdemeanor involving illegal gambling or involving moral turpitude |
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9|shall be employed by the Commission, nor shall the Commission employ |
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10|a person who is awaiting sentencing on a plea of guilt or nolo |
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11|contendere to such a felony or misdemeanor. |
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12| G. The Commission shall bond Commission employees with access |
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13|to Commission funds or lottery revenue in an amount specified by the |
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14|board and may bond other employees as deemed necessary. |
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15| SECTION 5. AMENDATORY 3A O.S. 2021, Section 713, as last |
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16|amended by Section 2, Chapter 332, O.S.L. 2023 (3A O.S. Supp. 2023, |
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17|Section 713), is amended to read as follows: |
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18| Section 713. A. All gross proceeds shall be the property of |
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19|the Oklahoma Lottery Commission. From its gross proceeds, the |
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20|Commission shall pay the operating expenses of the Commission. At |
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21|least forty-five percent (45%) of gross proceeds shall be made |
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22|available as prize money. However, the provisions of this |
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23|subsection shall be deemed not to create any lien, entitlement, |
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24|cause of action, or other private right, and any rights of holders |
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1|of tickets or shares shall be determined by the Commission in |
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2|setting the terms of its lottery or lotteries. |
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3| B. There is hereby created in the State Treasury a fund to be |
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4|designated the "Oklahoma Education Lottery Trust Fund". Except as |
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5|otherwise provided in subsections G and H of this section, on or |
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6|before the fifteenth day of each calendar quarter, the Commission |
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7|shall transfer to the State Treasurer, for credit to the Oklahoma |
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8|Education Lottery Trust Fund, the amount of all net proceeds |
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9|accruing during the preceding calendar quarter. Expenditures from |
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10|the fund shall be made upon warrants issued by the State Treasurer |
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11|against claims filed as prescribed by law with the Director of the |
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12|Office of Management and Enterprise Services for approval and |
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13|payment. |
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14| C. Upon their deposit into the State Treasury, any monies |
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15|representing a deposit of net proceeds shall then become the |
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16|unencumbered property of this state, and neither the Commission nor |
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17|the board of trustees shall have the power to agree or undertake |
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18|otherwise. The monies shall be invested by the State Treasurer in |
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19|accordance with state investment practices. All earnings |
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20|attributable to such investments shall likewise be the unencumbered |
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21|property of the state and shall accrue to the credit of the fund |
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22|provided for in subsection B of this section. |
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23| |
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24| |
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1| 1. The first Sixty-five Million Dollars ($65,000,000.00) of |
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2|monies contributed annually to the Oklahoma Education Lottery Trust |
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3|Fund shall only be appropriated as follows: |
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4| a. forty-five percent (45%) for the following: |
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5| (1) kindergarten through twelfth grade public |
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6| education, including but not limited to |
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7| compensation and benefits for public school |
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8| teachers and support employees, and |
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9| (2) early childhood development programs, which |
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10| shall include but not be limited to costs |
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11| associated with prekindergarten and full-day |
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12| kindergarten programs, |
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13| b. forty-five percent (45%) for the following: |
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14| (1) tuition grants, loans and scholarships to |
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15| citizens of this state to enable such citizens to |
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16| attend colleges and universities located within |
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17| this state, regardless of whether such colleges |
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18| and universities are owned or operated by the |
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19| Oklahoma State Regents for Higher Education, or |
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20| to attend institutions operated under the |
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21| authority of the Oklahoma Department of Career |
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22| and Technology Education; provided, such tuition |
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23| grants, loans and scholarships shall not be made |
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24| to a citizen of this state to attend a college or |
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1| university which is not accredited by the |
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2| Oklahoma State Regents for Higher Education, |
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3| (2) construction of educational facilities for |
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4| elementary school districts, independent school |
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5| districts, The Oklahoma State System of Higher |
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6| Education, and career and technology education, |
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7| (3) capital outlay projects for elementary school |
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8| districts, independent school districts, The |
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9| Oklahoma State System of Higher Education, and |
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10| career and technology education, |
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11| (4) technology for public elementary school |
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12| district, independent school district, state |
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13| higher education, and career and technology |
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14| education facilities, which shall include but not |
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15| be limited to costs of providing to teachers at |
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16| accredited public institutions who teach levels |
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17| kindergarten through twelfth grade, personnel at |
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18| technology centers under the authority of the |
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19| Oklahoma State Department of Career and |
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20| Technology Education, and professors and |
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21| instructors within The Oklahoma State System of |
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22| Higher Education, the necessary training in the |
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23| use and application of computers and advanced |
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24| electronic instructional technology to implement |
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1| interactive learning environments in the |
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2| classroom and to access the statewide distance |
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3| learning network and costs associated with |
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4| repairing and maintaining advanced electronic |
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5| instructional technology, |
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6| (5) endowed chairs for professors at institutions of |
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7| higher education operated by The Oklahoma State |
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8| System of Higher Education, and |
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9| (6) programs and personnel of the Oklahoma School |
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10| for the Deaf and the Oklahoma School for the |
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11| Blind, |
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12| c. five percent (5%) to the School Consolidation and |
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13| Assistance Fund. When the total amount in the School |
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14| Consolidation and Assistance Fund from all sources |
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15| equals Five Million Dollars ($5,000,000.00), all |
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16| monies appropriated pursuant to this subparagraph |
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17| which would otherwise be deposited in the School |
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18| Consolidation and Assistance Fund in excess of Five |
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19| Million Dollars ($5,000,000.00) shall be allocated by |
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20| the State Department of Education to public schools |
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21| based on the audited end-of-year average daily |
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22| membership in grades 8 through 12 during the preceding |
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23| school year for the purpose of purchasing technology |
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24| equipment. If at any time the total amount in the |
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1| School Consolidation and Assistance Fund drops below |
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2| Five Million Dollars ($5,000,000.00), the monies |
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3| appropriated pursuant to this subparagraph shall be |
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4| deposited in the School Consolidation and Assistance |
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5| Fund until the Fund again reaches Five Million Dollars |
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6| ($5,000,000.00), and |
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7| d. five percent (5%) to the Teachers' Retirement System |
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8| Dedicated Revenue Revolving Fund. |
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9|In no instance shall the annual maximum percentage for |
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10|administrative costs, not including marketing and advertising costs, |
| |
11|funds set aside for prizes, commissions paid to retailers, contract |
| |
12|fees paid to gaming system vendors and instant ticket providers or |
| |
13|emergency-related capital expenses, exceed three percent (3%) of |
| |
14|sales. |
| |
15| 2. The remaining portion of lottery annual net proceeds |
| |
16|deposited to the Oklahoma Education Lottery Trust Fund that exceeds |
| |
17|Sixty-five Million Dollars ($65,000,000.00) shall be deposited |
| |
18|transferred by the Office of Management and Enterprise Services to |
| |
19|the credit of the Teacher Empowerment Revolving Fund created in |
| |
20|Section 2 6-190.2 of this act Title 70 of the Oklahoma Statutes. |
| |
21| D. The Legislature shall appropriate funds from the Oklahoma |
| |
22|Education Lottery Trust Fund only for the purposes specified in |
| |
23|subsection C of this section. Even when funds from the trust fund |
| |
24|are used for these purposes, the Legislature shall not use funds |
| |
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1|from the trust fund to supplant or replace other state funds |
| |
2|supporting common education, higher education, or career and |
| |
3|technology education. |
| |
4| E. In order to ensure that the funds from the trust fund are |
| |
5|used to enhance and not supplant funding for education, the State |
| |
6|Board of Equalization shall examine and investigate appropriations |
| |
7|from the trust fund each year. At the meeting of the State Board of |
| |
8|Equalization held within five (5) days after the monthly |
| |
9|apportionment in February of each year, the State Board of |
| |
10|Equalization shall issue a finding and report which shall state |
| |
11|whether appropriations from the trust fund were used to enhance or |
| |
12|supplant education funding. If the State Board of Equalization |
| |
13|finds that education funding was supplanted by funds from the trust |
| |
14|fund, the Board shall specify the amount by which education funding |
| |
15|was supplanted. In this event, the Legislature shall not make any |
| |
16|appropriations for the ensuing fiscal year until an appropriation in |
| |
17|that amount is made to replenish the trust fund. |
| |
18| F. Except as otherwise provided by this subsection, no |
| |
19|deficiency in the Oklahoma Education Lottery Trust Fund shall be |
| |
20|replenished by reducing any nonlottery funds including, specifically |
| |
21|but without limitation, the General Revenue Fund, the Constitutional |
| |
22|Reserve Fund, or the Education Reform Revolving Fund of the State |
| |
23|Department of Education. No program or project started specifically |
| |
24|from lottery proceeds shall be continued from the General Revenue |
| |
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1|Fund, the Constitutional Reserve Fund, or the Education Reform |
| |
2|Revolving Fund of the State Department of Education. Such programs |
| |
3|must be adjusted or discontinued according to available lottery |
| |
4|proceeds unless the Legislature by general law establishes |
| |
5|eligibility requirements and appropriates specific funds therefor. |
| |
6|No surplus in the Oklahoma Education Lottery Trust Fund shall be |
| |
7|reduced or transferred to correct any nonlottery deficiencies in |
| |
8|sums available for general appropriations. The provisions of this |
| |
9|subsection shall not apply to bonds or other obligations issued |
| |
10|pursuant to or to the repayment of bonds or other obligations issued |
| |
11|pursuant to the Oklahoma Higher Education Promise of Excellence Act |
| |
12|of 2005. |
| |
13| G. There is hereby created in the State Treasury a revolving |
| |
14|fund to be designated the "Oklahoma Education Lottery Revolving |
| |
15|Fund". The fund shall be a continuing fund, not subject to fiscal |
| |
16|year limitations, and shall consist of all monies received by the |
| |
17|Commission. The Commission shall make payments of net proceeds from |
| |
18|the fund to the Oklahoma Education Lottery Trust Fund on or before |
| |
19|the fifteenth day of each calendar quarter as provided in subsection |
| |
20|B of this section. All monies accruing to the credit of the |
| |
21|Oklahoma Education Lottery Revolving Fund are hereby appropriated |
| |
22|and may be budgeted and expended for the payment of net proceeds, |
| |
23|prizes, commissions to retailers, administrative expenses and all |
| |
24|other expenses arising out of the operation of the education |
| |
Page 19
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1|lottery, subject to the limitations provided in the Oklahoma |
| |
2|Education Lottery Act. Expenditures from the fund shall be made |
| |
3|upon warrants issued by the State Treasurer against claims filed as |
| |
4|prescribed by law with the Director of the Office of Management and |
| |
5|Enterprise Services for approval and payment. |
| |
6| The monies in the fund shall be invested by the State Treasurer |
| |
7|in accordance with state investment practices. All earnings |
| |
8|attributable to such investments shall likewise accrue to the credit |
| |
9|of the fund. |
| |
10| H. When appropriations from the Oklahoma Education Lottery |
| |
11|Trust Fund are made to common education pursuant to the provisions |
| |
12|of subparagraph a of paragraph 1 of subsection C of this section, |
| |
13|the appropriations shall be made available on a monthly basis. In |
| |
14|addition to the provisions of subsections B and C of this section, |
| |
15|the The following process shall be used to ensure that the |
| |
16|appropriations are made available to common education in a timely |
| |
17|manner: |
| |
18| 1. Beginning in July of the fiscal year in which appropriations |
| |
19|are made to common education from the Oklahoma Education Lottery |
| |
20|Trust Fund, the Commission, on or before the ninth day of each |
| |
21|month, shall transfer to the State Treasurer, for credit to the |
| |
22|Oklahoma Education Lottery Trust Fund, the amount of net proceeds |
| |
23|accruing during the preceding month equal to the amount of total |
| |
24|monthly collections one-twelfth (1/12) of the annual apportionment |
| |
Page 20
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1|due to common education as required by subparagraph a of paragraph 1 |
| |
2|of subsection C of this section; |
| |
3| 2. The Director of the Office of Management and Enterprise |
| |
4|Services shall allocate the transfers provided for in paragraph 1 of |
| |
5|this subsection to the State Department of Education on a monthly |
| |
6|basis, not to exceed one-twelfth (1/12) of the annual apportionment |
| |
7|for the fiscal year; and |
| |
8| 3. The total amount of transfers to the Oklahoma Education |
| |
9|Lottery Trust Fund of net lottery proceeds made pursuant to this |
| |
10|subsection shall not exceed the total appropriations made to common |
| |
11|education from the Oklahoma Education Lottery Trust Fund for the |
| |
12|specific fiscal year. |
| |
13| I. When appropriations from the Oklahoma Education Lottery |
| |
14|Trust Fund are made to The Oklahoma State System of Higher Education |
| |
15|pursuant to the provisions of subparagraph b of paragraph 1 of |
| |
16|subsection C of this section, the appropriations shall be made |
| |
17|available to the System on a monthly basis. In addition to the |
| |
18|provisions of subsections B and C of this section, the The following |
| |
19|process shall be used to ensure that the appropriations are made |
| |
20|available to The Oklahoma State System of Higher Education in a |
| |
21|timely manner: |
| |
22| 1. Beginning in July of the fiscal year in which appropriations |
| |
23|are made to The Oklahoma State System of Higher Education from the |
| |
24|Oklahoma Education Lottery Trust Fund, the Commission, on or before |
| |
Page 21
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1|the ninth day of each month, shall transfer to the State Treasurer, |
| |
2|for credit to the Oklahoma Education Lottery Trust Fund, the amount |
| |
3|of net proceeds accruing during the preceding month equal to the |
| |
4|amount of total monthly collections one-twelfth (1/12) of the annual |
| |
5|apportionment due to the Oklahoma State Regents for Higher Education |
| |
6|as required by subparagraph b of paragraph 1 of subsection C of this |
| |
7|section; |
| |
8| 2. The Director of the Office of Management and Enterprise |
| |
9|Services shall allocate the transfers provided for in paragraph 1 of |
| |
10|this subsection to the Oklahoma State Regents for Higher Education |
| |
11|on a monthly basis, not to exceed one-twelfth (1/12) of the annual |
| |
12|apportionment for the fiscal year; and |
| |
13| 3. The total amount of transfers to the Oklahoma Education |
| |
14|Lottery Trust Fund of net lottery proceeds made pursuant to this |
| |
15|subsection shall not exceed the total appropriations made to The |
| |
16|Oklahoma State System for Higher Education from the Oklahoma |
| |
17|Education Lottery Trust Fund for the specific fiscal year. |
| |
18| J. When appropriations from the Oklahoma Education Lottery |
| |
19|Trust Fund are made to the Oklahoma Department of Career and |
| |
20|Technology Education, pursuant to the provisions of subparagraph b |
| |
21|of paragraph 1 of subsection C of this section, the appropriations |
| |
22|shall be made available on an annual basis. The following process |
| |
23|shall be used to ensure that the appropriations to the Oklahoma |
| |
24| |
| |
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1|Education Lottery Trust Fund are available for the Oklahoma |
| |
2|Department of Career and Technology Education in a timely manner: |
| |
3| 1. Beginning in July of the fiscal year in which appropriations |
| |
4|are made to the Oklahoma Department of Career and Technology |
| |
5|Education from the Oklahoma Education Lottery Trust Fund, the |
| |
6|Commission, on or before the ninth day of each quarter, shall |
| |
7|transfer to the State Treasurer, for credit to the Oklahoma |
| |
8|Education Lottery Trust Fund, one-fourth (1/4) of the annual |
| |
9|apportionment due to the Oklahoma Department of Career and |
| |
10|Technology Education as required by subparagraph b of paragraph 1 of |
| |
11|subsection C of this section; |
| |
12| 2. The Director of the Office of Management and Enterprise |
| |
13|Services shall allocate the transfer provided for in paragraph 1 of |
| |
14|this subsection to the Oklahoma Department of Career and Technology |
| |
15|Education on a quarterly basis, not to exceed one-fourth (1/4) of |
| |
16|the annual apportionment for the fiscal year; and |
| |
17| 3. The total amount of transfers to the Oklahoma Education |
| |
18|Lottery Trust Fund of net lottery proceeds made pursuant to this |
| |
19|subsection shall not exceed the total appropriations made to the |
| |
20|Oklahoma Department of Career and Technology Education from the |
| |
21|Oklahoma Education Lottery Trust Fund for the specific fiscal year. |
| |
22| K. When appropriations from the Oklahoma Education Lottery |
| |
23|Trust Fund are made to the School Consolidation Assistance Fund and |
| |
24|Teachers' Retirement System Dedicated Revenue Revolving Fund, |
| |
Page 23
___________________________________________________________________________
1|pursuant to the provisions of subparagraphs c and d of paragraph 1 |
| |
2|of subsection C of this section, the appropriations shall be made |
| |
3|available on an annual basis. The following process shall be used |
| |
4|to ensure that the appropriations to the Oklahoma Education Lottery |
| |
5|Trust Fund are made available to the School Consolidation Assistance |
| |
6|Fund and Teachers' Retirement System Dedicated Revenue Revolving |
| |
7|Fund in a timely manner: |
| |
8| 1. Beginning in July of the fiscal year in which appropriations |
| |
9|are made to the School Consolidation Assistance Fund and the |
| |
10|Teachers' Retirement System Dedicated Revenue Revolving Fund from |
| |
11|the Oklahoma Education Lottery Trust Fund, the Commission, on or |
| |
12|before the ninth day of each quarter, shall transfer to the State |
| |
13|Treasurer, for credit to the Oklahoma Education Lottery Trust Fund, |
| |
14|one-fourth (1/4) of the annual apportionment due to the School |
| |
15|Consolidation Assistance Fund and the Teachers' Retirement System |
| |
16|Dedicated Revenue Revolving Fund as required by subparagraphs c and |
| |
17|d of paragraph 1 of subsection C of this section; |
| |
18| 2. The Director of the Office of Management and Enterprise |
| |
19|Services shall allocate the transfers provided for in paragraph 1 of |
| |
20|this subsection to the School Consolidation Assistance Fund and the |
| |
21|Teachers' Retirement System Dedicated Revenue Revolving Fund on a |
| |
22|quarterly basis, not to exceed one-fourth (1/4) of the annual |
| |
23|apportionment for the fiscal year; and |
| |
24| |
| |
Page 24
___________________________________________________________________________
1| 3. The total amount of transfers to the Oklahoma Education |
| |
2|Lottery Trust Fund of net lottery proceeds made pursuant to this |
| |
3|subsection shall not exceed the total appropriations made to the |
| |
4|School Consolidation Assistance Fund and the Teachers' Retirement |
| |
5|System Dedicated Revenue Revolving Fund from the Oklahoma Education |
| |
6|Lottery Trust Fund for the specific fiscal year. |
| |
7| L. At the conclusion of each fiscal year, the Oklahoma Lottery |
| |
8|Commission shall make available all remaining profits to the |
| |
9|Oklahoma Education Lottery Trust Fund in the following manner: |
| |
10| 1. By July 9 of the proceeding fiscal year, the Oklahoma |
| |
11|Lottery Commission shall transfer the five percent (5%) difference |
| |
12|between the previous year's State Board of Equalization estimate and |
| |
13|the appropriated amount. The cash contribution shall be available |
| |
14|for appropriation in the following legislative session pending |
| |
15|profit exists above and beyond the prior year's annual |
| |
16|appropriation; and |
| |
17| 2. By September 30, the Oklahoma Lottery Commission shall |
| |
18|transfer all remaining profit as established by an external |
| |
19|financial audit pursuant to Section 733 of this title. This cash |
| |
20|contribution shall be available for appropriation in the following |
| |
21|legislative session pending profit exists above and beyond the prior |
| |
22|year's annual appropriation. |
| |
23| SECTION 6. REPEALER 3A O.S. 2021, Section 719, is hereby |
| |
24|repealed. |
| |
Page 25
___________________________________________________________________________
1| SECTION 7. REPEALER 3A O.S. 2021, Section 732, is hereby |
| |
2|repealed. |
| |
3| SECTION 8. This act shall become effective July 1, 2024. |
| |
4| SECTION 9. It being immediately necessary for the preservation |
| |
5|of the public peace, health or safety, an emergency is hereby |
| |
6|declared to exist, by reason whereof this act shall take effect and |
| |
7|be in full force from and after its passage and approval." |
| |
8| Passed the House of Representatives the 22nd day of April, 2024. |
| |
9| |
| |
10| |
| |
11| Presiding Officer of the House of |
| Representatives |
12| |
| |
13| Passed the Senate the ____ day of __________, 2024. |
| |
14| |
| |
15| |
| |
16| Presiding Officer of the Senate |
| |
17| |
| |
18| |
| |
19| |
| |
20| |
| |
21| |
| |
22| |
| |
23| |
| |
24| |
| |
Page 26
