Title: STATE OF OKLAHOMA
Author: Trish Hull
Last saved by: Shriley Harrison
Company: Senate

ENGROSSED SENATE
BILL NO. 2088 	By:	Coffee of the Senate

			and

		Benge of the House

[ amusements and sports - Oklahoma Education Lottery Act - modifying the name of the Oklahoma Lottery Commission - effective date - 		emergency ]

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     Section 4, Chapter 58, O.S.L. 2003 (3A O.S. Supp. 2009, Section 703), is amended to read as follows:
Section 703.  As used in the Oklahoma Education Lottery Act:
1.  "Administrative expenses" means operating expenses, excluding amounts set aside for prizes, regardless of whether such prizes are claimed and excluding amounts deposited to the Fidelity Revolving Fund pursuant to Section ~~20~~ 719 of this ~~act~~ title;
2.  "Board" means the board of trustees of the Oklahoma Education Lottery Commission;
3.  "Capital outlay projects" means the acquisition, construction, installation, modification, renovation, repair, extension, renewal, replacement, or rehabilitation of land, interests in land, buildings, structures, facilities, or other improvements and the acquisition, installation, modification, renovation, repair, extension, renewal, replacement, rehabilitation, or furnishing of fixtures, machinery, equipment, computers, software, laboratories, furniture, textbooks, and reference material or other property of any nature whatsoever used on, in, or in connection with educational facilities;
4.  "Commission" means the Oklahoma Education Lottery Commission.  Any references in the statutes to the Oklahoma Lottery Commission shall be deemed references to the Oklahoma Education Lottery Commission;
5.  "Educational facilities" means land, structures, and buildings owned or operated by and through the Oklahoma State Regents for Higher Education, the State Board of Education, the Oklahoma Department of Career and Technology Education, or by any school district within this state.  A public road or highway leading to an educational facility shall not be considered an educational facility;
6.  “Executive director” means the chief executive officer and administrator of the Oklahoma Education Lottery Commission;
7.  “Gross proceeds” means all revenue derived from the sale of lottery tickets or shares and all other monies derived from the lottery;
8.  “Instant ticket” means a lottery ticket that requires the player to remove a coating to determine if a prize has been won;
9.  "Lottery”, "lotteries”, "lottery game”, or "lottery games" means an activity conducted by the Commission under the Oklahoma Education Lottery Act through which prizes are awarded or distributed by chance among persons who have paid for a chance or other opportunity to receive a prize, including, but not limited to, instant tickets and on-line games, but excluding charity bingo and games conducted pursuant to the Oklahoma Charity Games Act, poker, blackjack, slot machines, pulltab machines, card games, dice, dominos, roulette wheels, or other similar forms of gambling, or electronic or video forms of these gambling activities, or games where winners are determined by the outcome of a sports contest, or pari-mutuel betting conducted pursuant to the Oklahoma Horse Racing Act;
10.  "Major procurement contract" means any gaming product or service costing in excess of Twenty-five Thousand Dollars ($25,000.00), including, but not limited to, major advertising contracts, annuity contracts, prize payment agreements, consulting services, equipment, tickets, and other products and services unique to the Oklahoma lottery, but not including materials, supplies, equipment, and services common to the ordinary operations of the Commission;
11.  "Member" or "members" means a trustee or trustees of the board of trustees of the Oklahoma Education Lottery Commission;
12.  "Member of a minority" means an individual who is a member of a race which comprises less than fifty percent (50%) of the total population of Oklahoma;
13.  "Minority business" means any business which is owned by:
a.	an individual who is a member of a minority who reports as the personal income of the individual for Oklahoma income tax purposes the income of the business,
b.	a partnership in which a majority of the ownership interest is owned by one or more members of a minority who report as their personal income for Oklahoma income tax purposes more than fifty percent (50%) of the income of the partnership, or
c.	a corporation organized under the laws of this state in which a majority of the common stock is owned by one or more members of a minority who report as their personal income for Oklahoma income tax purposes more than fifty percent (50%) of the distributed earnings of the corporation;
14.  "Net proceeds" means all revenue derived from the sale of lottery tickets or shares and all other monies derived from the lottery less operating expenses;
15.  “On-line games” means a game where tickets or shares are purchased through a network of computer terminals located at retail outlets, and such terminals are linked to a central computer that records the purchases;
16.  "Operating expenses" means all costs of doing business, including but not limited to, prizes, commissions, and other compensation paid to retailers, advertising and marketing costs, personnel costs, capital costs, amounts held in or paid from the Fidelity Revolving Fund pursuant to Section ~~20~~ 719 of this ~~act~~ title, debt service payments for the payment of the initial expenses of start-up, administration, and operation of the Commission and the lottery, and other operating costs;
17.  "Pari-mutuel betting" means the pari-mutuel system of wagering as defined in Section 200.1 of ~~Title 3A of the Oklahoma Statutes~~ this title.  Such term shall not include a lottery game which may be predicated on a horse-racing scheme that does not involve actual track events or traditional lottery games which may involve the distribution of winnings by pools;
18.  "Person" means any individual, corporation, partnership, unincorporated association, limited liability company, or other legal entity;
19.  "Retailer" means a person who sells lottery tickets or shares on behalf of the Commission pursuant to a contract;
20.  "Share" means any intangible evidence of participation in a lottery game;
21.  "Ticket" means any tangible evidence issued by the lottery to provide participation in a lottery game; and
22.  "Vendor" means a person who provides or proposes to provide goods or services to the Commission pursuant to a major procurement contract, but does not include an employee of the Commission, a retailer, or a state agency or instrumentality thereof.  Such term does not include any corporation whose shares are publicly traded and which is the parent company of the contracting party in a major procurement contract.
SECTION 2.  This act shall become effective July 1, 2010.
SECTION 3.  It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.
Passed the Senate the 9th day of March, 2010.

	
Presiding Officer 	of the Senate

Passed the House of Representatives the ____ day of __________, 2010.

	
Presiding Officer	of the House
	of Representatives

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