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1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 125 By: Rader
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7 AS INTRODUCED
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8 An Act relating to amusements and sports; amending 3A
8 O.S. 2021, Sections 262 and 280, which relate to
9 state-tribal gaming; providing exception; offering
9 Gaming Compact Supplement related to sports pools;
10 defining term; authorizing fees related to tribal
10 administration of the games; proscribing content of
11 Gaming Compact Supplement; proscribing procedures for
11 electing acceptance of supplements; providing for
12 certain construction of supplements; allowing
12 retention of funds by tribes in certain amounts;
13 limiting scope of Gaming Compact Supplement;
13 declaring certain conduct and participation lawful;
14 updating statutory language; updating statutory
14 references; providing for codification; and providing
15 an effective date.
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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 262, is
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20 amended to read as follows:
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21 Section 262. A. If at least four Indian tribes enter into the
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22 model tribal-state compact Model Tribal Gaming Compact set forth in
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23 Section 281 of this title, and such compacts are approved by the
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24 Secretary of the Interior and notice of such approval is published
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Req. No. 1459 Page 1
1 in the Federal Register, the Oklahoma Horse Racing Commission
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2 ("Commission") shall license organization licensees which are
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3 licensed pursuant to Section 205.2 of this title to conduct
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4 authorized gaming as that term is defined by this act the State-
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5 Tribal Gaming Act pursuant to this act the State-Tribal Gaming Act
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6 utilizing gaming machines or devices authorized by this act the
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7 State-Tribal Gaming Act subject to the limitations of subsection C
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8 of this section. No fair association or organization licensed
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9 pursuant to Section 208.2 of this title or a city, town or
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10 municipality incorporated or otherwise, or an instrumentality
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11 thereof, may conduct authorized gaming as that term is defined by
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12 this act the State-Tribal Gaming Act.
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13 Notwithstanding the provisions of Sections 941 through 988 of
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14 Title 21 of the Oklahoma Statutes, the conducting of and
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15 participation in gaming in accordance with the provisions of this
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16 act the State-Tribal Gaming Act or the model compact set forth in
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17 Section 281 of this title is lawful and shall not be subject to any
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18 criminal penalties. Provided further, a licensed manufacturer or
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19 distributor licensed pursuant to this act the State-Tribal Gaming
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20 Act may manufacture, exhibit or store as a lawful activity any
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21 machines or devices which are capable of being used to conduct the
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22 following types of gaming:
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23 1. Gaming authorized by the State-Tribal Gaming Act; or
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Req. No. 1459 Page 2
1 2. Other gaming which may be lawfully conducted by an Indian
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2 tribe in this state.
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3 B. Except for Christmas Day, authorized gaming may only be
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4 conducted by an organization licensee on days when the licensee is
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5 either conducting live racing or is accepting wagers on simulcast
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6 races at the licensee's racing facilities. Authorized gaming may
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7 only be conducted by organization licensees at enclosure locations
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8 where live racing is conducted. Under no circumstances shall
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9 authorized gaming be conducted by an organization licensee at any
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10 facility outside the organization licensee's racing enclosure. No
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11 person who would not be eligible to be a patron of a pari-mutuel
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12 system of wagering pursuant to the provisions of subsection B of
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13 Section 208.4 of this title shall be admitted into any area of a
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14 facility when authorized games are played nor be permitted to
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15 operate, or obtain a prize from, or in connection with, the
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16 operation of any authorized game, directly or indirectly.
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17 C. In order to encourage the growth, sustenance and development
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18 of live horse racing in this state and of the state's agriculture
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19 and horse industries, the Commission is hereby authorized to issue
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20 licenses to conduct authorized gaming to no more than three
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21 organization licensees operating racetrack locations at which horse
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22 race meetings with pari-mutuel wagering, as authorized by the
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23 Commission pursuant to the provisions of this title, occurred in
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24 calendar year 2001, as follows:
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Req. No. 1459 Page 3
1 1. An organization licensee operating a racetrack location at
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2 which an organization licensee is licensed to conduct a race meeting
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3 pursuant to the provisions of Section 205.2 of this title located in
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4 a county with a population exceeding six hundred thousand (600,000)
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5 persons, according to the most recent Federal Decennial Census,
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6 shall be licensed to operate not more than six hundred fifty (650)
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7 player terminals in any year. Beginning with the third year after
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8 an organization licensee is licensed pursuant to this paragraph to
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9 operate such player terminals, such licensee may be licensed to
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10 operate an additional fifty (50) player terminals. Beginning with
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11 the fifth year after an organization licensee is licensed pursuant
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12 to this paragraph to operate such player terminals, such licensee
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13 may be licensed to operate a further additional fifty (50) player
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14 terminals; and
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15 2. Two organization licensees operating racetrack locations at
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16 which the organization licensees are licensed to conduct race
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17 meetings pursuant to the provisions of Section 205.2 of this title
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18 located in counties with populations not exceeding four hundred
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19 thousand (400,000) persons, according to the most recent Federal
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20 Decennial Census, may each be licensed to operate not more than two
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21 hundred fifty (250) player terminals in any year.
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22 Subject to the limitations on the number of player terminals
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23 permitted to each organization licensee, an organization licensee
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24 may utilize electronic amusement games as defined in this act the
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Req. No. 1459 Page 4
1 State-Tribal Gaming Act, electronic bonanza-style bingo games as
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2 defined in this act the State-Tribal Gaming Act and electronic
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3 instant bingo games as defined in this act the State-Tribal Gaming
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4 Act, and any type of gaming machine or device that is specifically
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5 allowed by law and that an Indian tribe in this state is authorized
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6 to utilize pursuant to a compact entered into between the state and
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7 the tribe in accordance with the provisions of the Indian Gaming
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8 Regulatory Act and any other machine or device that an Indian tribe
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9 in this state is lawfully permitted to operate pursuant to the
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10 Indian Gaming Regulatory Act, referred to collectively as
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11 "authorized games". An organization licensee's utilization of such
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12 machines or devices shall be subject to the regulatory control and
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13 supervision of the Commission; provided, the Commission shall have
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14 no role in oversight and regulation of gaming conducted by a tribe
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15 subject to a compact. The Commission shall promulgate rules to
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16 regulate the operation and use of authorized gaming by organization
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17 licensees. In promulgating such rules, the Commission shall
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18 consider the provisions of any compact which authorizes electronic
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19 gaming which is specifically authorized by law by an Indian tribe.
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20 For the purpose of paragraphs 1 and 2 of this subsection, the number
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21 of player terminals in an authorized game that permits multiple
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22 players shall be determined by the maximum number of players that
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23 can participate in that game at any given time; provided, however,
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24 that nothing in this act the State-Tribal Gaming Act prohibits the
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Req. No. 1459 Page 5
1 linking of player terminals for progressive jackpots, so long as the
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2 limitations on the number of permitted player terminals at each
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3 organization licensee are not exceeded. Each organization licensee
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4 shall keep a record of, and shall report at least quarterly to the
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5 Oklahoma Horse Racing Commission, the number of games authorized by
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6 this section utilized in the organization licensee's facility, by
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7 the name or type of each and its identifying number.
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8 D. No zoning or other local ordinance may be adopted or amended
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9 by a political subdivision where an organization licensee conducts
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10 live horse racing with the intent to restrict or prohibit an
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11 organization licensee's right to conduct authorized gaming at such
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12 location.
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13 E. For purposes of this act the State-Tribal Gaming Act,
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14 "adjusted gross revenues" means the total receipts received by an
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15 organization licensee from the play of all authorized gaming minus
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16 all monetary payouts.
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17 F. The Oklahoma Horse Racing Commission shall promulgate rules
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18 to regulate, implement and enforce the provisions of this act the
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19 State-Tribal Gaming Act with regard to the conduct of authorized
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20 gaming by organization licensees; provided, regulation and oversight
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21 of games covered by a compact and operated by an Indian tribe shall
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22 be conducted solely pursuant to the requirements of the compact.
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23 G. If an organization licensee operates or attempts to operate
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24 more player terminals which offer authorized games than it is
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1 authorized to offer to the public by this act the State-Tribal
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2 Gaming Act or the terms of its license, upon written notice from the
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3 Commission, such activity shall cease forthwith. Such activity
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4 shall constitute a basis upon which the Commission may suspend or
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5 revoke the licensee's license. The Commission shall promulgate any
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6 rules and regulations necessary to enforce the provisions of this
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7 subsection.
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8 H. This act The State-Tribal Gaming Act is game-specific and
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9 shall not be construed to allow the operation of any other form of
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10 gaming unless specifically allowed by this act the State-Tribal
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11 Gaming Act. This act The State-Tribal Gaming Act shall not permit
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12 the operation of slot machines, house-banked card games, or house-
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13 banked table games involving dice or roulette wheels, or games where
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14 winners are determined by wagering on the outcome of a sports
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15 contest; provided that in-person wagering and wagering conducted on
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16 a mobile device on the outcome of sports contests may be conducted
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17 in accordance with Section 3 of this act.
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18 SECTION 2. AMENDATORY 3A O.S. 2021, Section 280, is
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19 amended to read as follows:
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20 Section 280. The State of Oklahoma through the concurrence of
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21 the Governor after considering the executive prerogatives of that
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22 office and the power to negotiate the terms of a compact between the
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23 state and a tribe, and by means of the execution of the State-Tribal
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24 Gaming Act, and with the concurrence of the State Legislature
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1 through the enactment of the State-Tribal Gaming Act, hereby makes
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2 the following offer of a model tribal gaming compact Model Tribal
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3 Gaming Compact regarding gaming to all federally recognized Indian
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4 tribes as identified in the Federal Register within this state that
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5 own or are the beneficial owners of Indian lands as defined by the
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6 Indian Gaming Regulatory Act, 25 U.S.C., Section 2703(4), and over
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7 which the tribe has jurisdiction as recognized by the Secretary of
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8 the Interior and is a part of the tribe's "Indian reservation" as
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9 defined in 25 C.F.R., Part 151.2 or has been acquired pursuant to 25
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10 C.F.R., Part 151, which, if accepted, shall constitute a gaming
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11 compact between this state and the accepting tribe for purposes of
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12 the Indian Gaming Regulatory Act. Acceptance of the offer contained
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13 in this section shall be through the signature of the chief
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14 executive officer of the tribal government whose authority to enter
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15 into the compact Compact shall be set forth in an accompanying law
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16 or ordinance or resolution by the governing body of the tribe, a
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17 copy of which shall be provided by the tribe to the Governor. No
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18 further action by the Governor or the state is required before the
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19 compact Compact can take effect. A tribe accepting this Model
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20 Tribal Gaming Compact is responsible for submitting a copy of the
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21 Compact executed by the tribe to the Secretary of the Interior for
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22 approval and publication in the Federal Register. The tribe shall
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23 provide a copy of the executed Compact to the Governor. No tribe
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24 shall be required to agree to terms different than the terms set
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Req. No. 1459 Page 8
1 forth in the Model Tribal Gaming Compact, which is set forth in
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2 Section 281 of this title. As a precondition to execution of the
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3 Model Tribal Gaming Compact by any tribe, the tribe must have paid
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4 or entered into a written agreement for payment of any fines
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5 assessed prior to the effective date of the State-Tribal Gaming Act
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6 by the federal government with respect to the tribe's gaming
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7 activities pursuant to the Indian Gaming Regulatory Act.
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8 Notwithstanding the provisions of Sections 941 through 988 of
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9 Title 21 of the Oklahoma Statutes, the conducting of and the
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10 participation in any game authorized by the model compact Model
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11 Tribal Gaming Compact set forth in Section 281 of this title are
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12 lawful when played pursuant to a compact which has become effective.
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13 1. Prior to July 1, 2008, of all fees received by the state
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14 pursuant to subsection A of Part 11 of the Model Tribal Gaming
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15 Compact set forth in Section 281 of this title:
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16 a. twelve percent (12%) shall be deposited in the
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17 Oklahoma Higher Learning Access Trust Fund, and
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18 b. eighty-eight percent (88%) of such fees shall be
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19 deposited in the Education Reform Revolving Fund.
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20 2. On or after July 1, 2008, of all fees received by the state
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21 pursuant to subsection A of Part 11 of the Model Tribal Gaming
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22 Compact set forth in Section 281 of this title and Gaming Compact
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23 Supplements offered pursuant to Section 2 280.1 of this title and
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24 Section 3 of this act:
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1 a. twelve percent (12%) shall be deposited in the General
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2 Revenue Fund, and
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3 b. eighty-eight percent (88%) of such fees shall be
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4 deposited in the Education Reform Revolving Fund.
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5 Provided, the first Twenty Thousand Eight Hundred Thirty-three
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6 Dollars and thirty-three cents ($20,833.33) of all fees received
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7 each month by the state pursuant to subsection A of Part 11 of the
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8 Model Tribal Gaming Compact set forth in Section 281 of this title
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9 and Gaming Compact Supplements offered pursuant to Section 2 280.1
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10 of this title and Section 3 of this act shall be transferred to the
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11 Department of Mental Health and Substance Abuse Services for the
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12 treatment of compulsive gambling disorder and educational programs
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13 related to such disorder.
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14 SECTION 3. NEW LAW A new section of law to be codified
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15 in the Oklahoma Statutes as Section 280.2 of Title 3A, unless there
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16 is created a duplication in numbering, reads as follows:
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17 A. Provided that federal laws permit and pursuant to the offer
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18 of the Model Tribal Gaming Compact made in Section 280 of Title 3A
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19 of the Oklahoma Statutes and the definition of "covered games" in
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20 the Model Tribal Gaming Compact codified in Section 281 of Title 3A
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21 of the Oklahoma Statutes, which codified compact offer provides that
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22 the state may approve additional forms of covered games under the
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23 compact by amendment of the State-Tribal Gaming Act and a compacting
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24 tribe may operate such additional forms of covered games by written
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Req. No. 1459 Page 10
1 supplement to an existing compact, the state hereby approves,
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2 subject to this section, an additional game offering as follows:
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3 "Sports pools" means any in-person wagering and wagering
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4 conducted on a mobile device on the outcome of sporting events or
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5 other events, other than horse or other animal races.
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6 B. If a tribe that has compacted with the state in accordance
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7 with Sections 280 and 281 of Title 3A of the Oklahoma Statutes
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8 elects to accept this offer of an additional covered game and,
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9 accordingly, to operate sports pools under the terms of its existing
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10 gaming compact with the state, the tribe shall execute a supplement
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11 to the compact, to provide as follows:
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12 MODEL TRIBAL GAMING COMPACT SUPPLEMENT
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13 Between the [Name of Tribe]
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14 and the STATE OF OKLAHOMA
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15 To be governed in accord with the [Name of Tribe]'s State-Tribal
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16 Gaming Compact ("Compact"), approved by the United States Department
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17 of the Interior on [Date], the [Name of Tribe] ("Tribe") accepts the
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18 state's offer of additional covered game codified in Section 280.2
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19 of Title 3A of the Oklahoma Statutes, which offer and this
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20 acceptance are subject to the following terms:
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21 Part 1. TITLE
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22 This document shall be referred to as the "[Name of Tribe] and
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23 State of Oklahoma Gaming Compact Sports Pools Supplement (Gaming
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24 Compact Supplement)".
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1 Part 2. TERMS
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2 A. The Tribe hereby memorializes its election to accept the
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3 state's offer of an additional covered game, which offer is codified
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4 in Section 280.2 of Title 3A of the Oklahoma Statutes. The Tribe
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5 further certifies and agrees it shall not offer such additional
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6 covered game unless and until doing so would be legal under federal
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7 law.
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8 B. The Tribe agrees, subject to the enforcement and exclusivity
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9 provisions of its Compact, to pay to the state a fee derived from
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10 sports pool revenues calculated as set forth in paragraph 2 of this
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11 subsection. Such fee shall be paid no later than the twentieth day
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12 of the month for revenues received by the Tribe in the preceding
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13 month.
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14 1. The fee shall be:
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15 a. five percent (5%) of the first Five Million Dollars
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16 ($5,000,000.00) of monthly net win received by a Tribe
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17 in a calendar year from the play of sports pools,
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18 b. six percent (6%) of the next Five Million Dollars
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19 ($5,000,000.00) of adjusted gross revenues received by
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20 a Tribe in a calendar year from the play of sports
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21 pools, and
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22 c. seven percent (7%) of all subsequent adjusted gross
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23 revenues received by a Tribe in a calendar year from
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24 the play of sports pools.
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1 2. Payment of such fee shall be made to the Treasurer of the
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2 State of Oklahoma. Nothing herein shall require the allocation of
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3 such fee to particular state purposes including, but not limited to,
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4 the actual costs of performing the State's regulatory
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5 responsibilities hereunder. "Net win" shall mean all money wagered
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6 less prizes paid out and less applicable federal taxes. For all
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7 purposes, such payment shall be deemed an exclusivity and fee
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8 payment under paragraph 2 of subsection A of Part 11 of the Model
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9 Tribal Gaming Compact between the electing Tribe and the State.
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10 C. The Tribe's operation of sports pools pursuant to this
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11 Gaming Compact Supplement shall, for all purposes, including
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12 enforcement and exclusivity, be treated as subject to and lawfully
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13 conducted under the terms and provisions of the Compact.
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14 Part 3. AUTHORITY TO EXECUTE
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15 This Gaming Compact Supplement, to the extent it conforms with
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16 Section 280.2 of Title 3A of the Oklahoma Statutes, is deemed
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17 approved by the State of Oklahoma. No further action of the State
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18 or any state official is necessary for this Gaming Compact
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19 Supplement to take effect upon approval by the Secretary of the
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20 United States Department of the Interior and publication in the
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21 Federal Register. The undersigned tribal official(s) represents
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22 that he or she is duly authorized and has the authority to execute
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23 this Gaming Compact Supplement on behalf of the Tribe for whom he or
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24 she is signing.
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1 APPROVED:
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2 [Name of Tribe]
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3 ________________________ Date: __________
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4 [Title]
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5 A. A tribe electing to accept this additional game offering is
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6 responsible for submitting a copy of the executed supplement to the
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7 Secretary of the United States Department of the Interior for
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8 approval and publication in the Federal Register.
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9 B. Upon approval of a supplement by the Secretary of the United
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10 States Department of the Interior, said supplement shall be
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11 construed as an acceptance of this offer and a supplement to the
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12 Tribe's existing Model Tribal Gaming Compact with the State.
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13 Thereafter, sports pools shall be deemed a covered game pursuant to
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14 said Compact.
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15 C. The Tribe is entitled to keep an amount equal to state
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16 payments from the operation of sports pools. For all purposes, such
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17 payment shall be deemed an exclusivity and fee payment under
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18 paragraph 2 of subsection A of Part 11 of the Model Tribal Gaming
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19 Compact between the electing Tribe and the State.
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20 D. The offer contained in this section shall not be construed
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21 to permit the operation of any additional form of gaming by
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22 organization licensees or permit any additional electronic or
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23 machine gaming within Oklahoma.
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Req. No. 1459 Page 14
1 E. Notwithstanding the provisions of Sections 941 through 988
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2 of Title 21 of the Oklahoma Statutes, the conducting of and
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3 participation in any game authorized pursuant to this section are
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4 lawful when played pursuant to a compact supplement which has become
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5 effective in accordance with this section.
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6 SECTION 4. This act shall become effective November 1, 2025.
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Req. No. 1459 Page 15Every fact on this page links to its source, starting with the official bill record.