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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 585 By: Coleman
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4
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5
5
6 AS INTRODUCED
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7 An Act relating to amusement and sports; amending 3A
7 O.S. 2021, Sections 262 and 280, which relate to
8 state-tribal gaming; providing exception; updating
8 language related to sports pools; updating statutory
9 references; defining term; authorizing fees related
9 to tribal administration of games; prescribing
10 content of Gaming Compact Supplement; prescribing
10 procedures for electing acceptance of supplements;
11 providing for certain construction of supplements;
11 allowing retention of funds by tribes in certain
12 amounts; limiting scope of Gaming Compact Supplement;
12 declaring certain conduct and participation lawful;
13 providing for codification; and providing an
13 effective date.
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14
15
15
16 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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17 SECTION 1. AMENDATORY 3A O.S. 2021, Section 262, is
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18 amended to read as follows:
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19 Section 262. A. If at least four Indian tribes enter into the
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20 model tribal-state compact set forth in Section 281 of this title,
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21 and such compacts are approved by the Secretary of the Interior and
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22 notice of such approval is published in the Federal Register, the
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23 Oklahoma Horse Racing Commission ("Commission") shall license
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24 organization licensees which are licensed pursuant to Section 205.2
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Req. No. 370 Page 1
1 of this title to conduct authorized gaming as that term is defined
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2 by this act pursuant to this act utilizing gaming machines or
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3 devices authorized by this act subject to the limitations of
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4 subsection C of this section. No fair association or organization
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5 licensed pursuant to Section 208.2 of this title or a city, town or
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6 municipality incorporated or otherwise, or an instrumentality
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7 thereof, may conduct authorized gaming as that term is defined by
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8 this act.
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9 Notwithstanding the provisions of Sections 941 through 988 of
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10 Title 21 of the Oklahoma Statutes, the conducting of and
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11 participation in gaming in accordance with the provisions of this
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12 act or the model compact set forth in Section 281 of this title is
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13 lawful and shall not be subject to any criminal penalties. Provided
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14 further, a licensed manufacturer or distributor licensed pursuant to
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15 this act may manufacture, exhibit or store as a lawful activity any
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16 machines or devices which are capable of being used to conduct the
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17 following types of gaming:
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18 1. Gaming authorized by the State-Tribal Gaming Act; or
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19 2. Other gaming which may be lawfully conducted by an Indian
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20 tribe in this state.
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21 B. Except for Christmas Day, authorized gaming may only be
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22 conducted by an organization licensee on days when the licensee is
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23 either conducting live racing or is accepting wagers on simulcast
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24 races at the licensee's racing facilities. Authorized gaming may
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Req. No. 370 Page 2
1 only be conducted by organization licensees at enclosure locations
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2 where live racing is conducted. Under no circumstances shall
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3 authorized gaming be conducted by an organization licensee at any
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4 facility outside the organization licensee's racing enclosure. No
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5 person who would not be eligible to be a patron of a pari-mutuel
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6 system of wagering pursuant to the provisions of subsection B of
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7 Section 208.4 of this title shall be admitted into any area of a
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8 facility when authorized games are played nor be permitted to
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9 operate, or obtain a prize from, or in connection with, the
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10 operation of any authorized game, directly or indirectly.
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11 C. In order to encourage the growth, sustenance and development
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12 of live horse racing in this state and of the state's agriculture
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13 and horse industries, the Commission is hereby authorized to issue
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14 licenses to conduct authorized gaming to no more than three
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15 organization licensees operating racetrack locations at which horse
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16 race meetings with pari-mutuel wagering, as authorized by the
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17 Commission pursuant to the provisions of this title, occurred in
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18 calendar year 2001, as follows:
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19 1. An organization licensee operating a racetrack location at
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20 which an organization licensee is licensed to conduct a race meeting
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21 pursuant to the provisions of Section 205.2 of this title located in
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22 a county with a population exceeding six hundred thousand (600,000)
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23 persons, according to the most recent Federal Decennial Census,
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24 shall be licensed to operate not more than six hundred fifty (650)
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1 player terminals in any year. Beginning with the third year after
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2 an organization licensee is licensed pursuant to this paragraph to
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3 operate such player terminals, such licensee may be licensed to
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4 operate an additional fifty (50) player terminals. Beginning with
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5 the fifth year after an organization licensee is licensed pursuant
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6 to this paragraph to operate such player terminals, such licensee
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7 may be licensed to operate a further additional fifty (50) player
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8 terminals; and
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9 2. Two organization licensees operating racetrack locations at
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10 which the organization licensees are licensed to conduct race
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11 meetings pursuant to the provisions of Section 205.2 of this title
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12 located in counties with populations not exceeding four hundred
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13 thousand (400,000) persons, according to the most recent Federal
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14 Decennial Census, may each be licensed to operate not more than two
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15 hundred fifty (250) player terminals in any year.
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16 Subject to the limitations on the number of player terminals
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17 permitted to each organization licensee, an organization licensee
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18 may utilize electronic amusement games as defined in this act,
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19 electronic bonanza-style bingo games as defined in this act and
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20 electronic instant bingo games as defined in this act, and any type
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21 of gaming machine or device that is specifically allowed by law and
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22 that an Indian tribe in this state is authorized to utilize pursuant
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23 to a compact entered into between the state and the tribe in
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24 accordance with the provisions of the Indian Gaming Regulatory Act
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1 and any other machine or device that an Indian tribe in this state
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2 is lawfully permitted to operate pursuant to the Indian Gaming
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3 Regulatory Act, referred to collectively as "authorized games". An
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4 organization licensee's utilization of such machines or devices
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5 shall be subject to the regulatory control and supervision of the
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6 Commission; provided, the Commission shall have no role in oversight
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7 and regulation of gaming conducted by a tribe subject to a compact.
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8 The Commission shall promulgate rules to regulate the operation and
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9 use of authorized gaming by organization licensees. In promulgating
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10 such rules, the Commission shall consider the provisions of any
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11 compact which authorizes electronic gaming which is specifically
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12 authorized by law by an Indian tribe. For the purpose of paragraphs
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13 1 and 2 of this subsection, the number of player terminals in an
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14 authorized game that permits multiple players shall be determined by
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15 the maximum number of players that can participate in that game at
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16 any given time; provided, however, that nothing in this act
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17 prohibits the linking of player terminals for progressive jackpots,
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18 so long as the limitations on the number of permitted player
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19 terminals at each organization licensee are not exceeded. Each
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20 organization licensee shall keep a record of, and shall report at
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21 least quarterly to the Oklahoma Horse Racing Commission, the number
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22 of games authorized by this section utilized in the organization
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23 licensee's facility, by the name or type of each and its identifying
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24 number.
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1 D. No zoning or other local ordinance may be adopted or amended
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2 by a political subdivision where an organization licensee conducts
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3 live horse racing with the intent to restrict or prohibit an
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4 organization licensee's right to conduct authorized gaming at such
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5 location.
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6 E. For purposes of this act, "adjusted gross revenues" means
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7 the total receipts received by an organization licensee from the
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8 play of all authorized gaming minus all monetary payouts.
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9 F. The Oklahoma Horse Racing Commission shall promulgate rules
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10 to regulate, implement and enforce the provisions of this act with
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11 regard to the conduct of authorized gaming by organization
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12 licensees; provided, regulation and oversight of games covered by a
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13 compact and operated by an Indian tribe shall be conducted solely
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14 pursuant to the requirements of the compact.
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15 G. If an organization licensee operates or attempts to operate
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16 more player terminals which offer authorized games than it is
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17 authorized to offer to the public by this act or the terms of its
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18 license, upon written notice from the Commission, such activity
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19 shall cease forthwith. Such activity shall constitute a basis upon
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20 which the Commission may suspend or revoke the licensee's license.
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21 The Commission shall promulgate any rules and regulations necessary
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22 to enforce the provisions of this subsection.
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23 H. This act is game-specific and shall not be construed to
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24 allow the operation of any other form of gaming unless specifically
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Req. No. 370 Page 6
1 allowed by this act. This act shall not permit the operation of
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2 slot machines, house-banked card games, house-banked table games
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3 involving dice or roulette wheels, or games where winners are
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4 determined by wagering on the outcome of a sports contest; provided,
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5 however, that in-person wagering and wagering conducted on a mobile
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6 device on the outcome of a sports contest may be conducted in
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7 accordance with Section 3 of this act.
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8 SECTION 2. AMENDATORY 3A O.S. 2021, Section 280, is
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9 amended to read as follows:
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10 Section 280. The State of Oklahoma through the concurrence of
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11 the Governor after considering the executive prerogatives of that
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12 office and the power to negotiate the terms of a compact between the
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13 state and a tribe, and by means of the execution of the State-Tribal
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14 Gaming Act, and with the concurrence of the State Legislature
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15 through the enactment of the State-Tribal Gaming Act, hereby makes
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16 the following offer of a model tribal gaming compact Model Tribal
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17 Gaming Compact regarding gaming to all federally recognized Indian
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18 tribes as identified in the Federal Register within this state that
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19 own or are the beneficial owners of Indian lands as defined by the
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20 Indian Gaming Regulatory Act, 25 U.S.C., Section 2703(4), and over
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21 which the tribe has jurisdiction as recognized by the Secretary of
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22 the Interior and is a part of the tribe's "Indian reservation" as
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23 defined in 25 C.F.R., Part 151.2 or has been acquired pursuant to 25
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24 C.F.R., Part 151, which, if accepted, shall constitute a gaming
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1 compact between this state and the accepting tribe for purposes of
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2 the Indian Gaming Regulatory Act. Acceptance of the offer contained
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3 in this section shall be through the signature of the chief
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4 executive officer of the tribal government whose authority to enter
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5 into the compact Compact shall be set forth in an accompanying law
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6 or ordinance or resolution by the governing body of the tribe, a
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7 copy of which shall be provided by the tribe to the Governor. No
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8 further action by the Governor or the state is required before the
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9 compact Compact can take effect. A tribe accepting this Model
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10 Tribal Gaming Compact is responsible for submitting a copy of the
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11 Compact executed by the tribe to the Secretary of the Interior for
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12 approval and publication in the Federal Register. The tribe shall
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13 provide a copy of the executed Compact to the Governor. No tribe
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14 shall be required to agree to terms different than the terms set
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15 forth in the Model Tribal Gaming Compact, which is set forth in
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16 Section 281 of this title. As a precondition to execution of the
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17 Model Tribal Gaming Compact by any tribe, the tribe must have paid
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18 or entered into a written agreement for payment of any fines
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19 assessed prior to the effective date of the State-Tribal Gaming Act
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20 by the federal government with respect to the tribe's gaming
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21 activities pursuant to the Indian Gaming Regulatory Act.
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22 Notwithstanding the provisions of Sections 941 through 988 of
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23 Title 21 of the Oklahoma Statutes, the conducting of and the
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24 participation in any game authorized by the model compact Model
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1 Tribal Gaming Compact set forth in Section 281 of this title are
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2 lawful when played pursuant to a compact which has become effective.
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3 1. Prior to July 1, 2008, of all fees received by the state
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4 pursuant to subsection A of Part 11 of the Model Tribal Gaming
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5 Compact set forth in Section 281 of this title:
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6 a. twelve percent (12%) shall be deposited in the
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7 Oklahoma Higher Learning Access Trust Fund, and
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8 b. eighty-eight percent (88%) of such fees shall be
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9 deposited in the Education Reform Revolving Fund.
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10 2. On or after July 1, 2008, of all fees received by the state
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11 pursuant to subsection A of Part 11 of the Model Tribal Gaming
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12 Compact set forth in Section 281 of this title and Gaming Compact
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13 Supplements offered pursuant to Section 2 280.1 of this title and
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14 Section 3 of this act:
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15 a. twelve percent (12%) shall be deposited in the General
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16 Revenue Fund, and
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17 b. eighty-eight percent (88%) of such fees shall be
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18 deposited in the Education Reform Revolving Fund.
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19 Provided, the first Twenty Thousand Eight Hundred Thirty-three
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20 Dollars and thirty-three cents ($20,833.33) of all fees received
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21 each month by the state pursuant to subsection A of Part 11 of the
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22 Model Tribal Gaming Compact set forth in Section 281 of this title
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23 and Gaming Compact Supplements offered pursuant to Section 2 280.1
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24 of this title and Section 3 of this act shall be transferred to the
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1 Department of Mental Health and Substance Abuse Services for the
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2 treatment of compulsive gambling disorder and educational programs
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3 related to such disorder.
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4 SECTION 3. NEW LAW A new section of law to be codified
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5 in the Oklahoma Statutes as Section 280.2 of Title 3A, unless there
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6 is created a duplication in numbering, reads as follows:
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7 A. Provided that federal laws permit and pursuant to the offer
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8 of the Model Tribal Gaming Compact made in Section 280 of Title 3A
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9 of the Oklahoma Statutes and the definition of "covered games" in
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10 the Model Tribal Gaming Compact codified in Section 281 of Title 3A
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11 of the Oklahoma Statutes, which codified compact offer provides that
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12 the state may approve additional forms of covered games under the
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13 compact by amendment of the State-Tribal Gaming Act and a compacting
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14 tribe may operate such additional forms of covered games by written
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15 supplement to an existing compact, the state hereby approves,
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16 subject to this section, an additional game offering as follows:
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17 "Sports pools" means any in-person wagering and wagering
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18 conducted on a mobile device on the outcome of sporting events or
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19 other events, other than horse or other animal races.
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20 B. Should a tribe that has compacted with the state in
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21 accordance with Sections 280 and 281 of Title 3A of the Oklahoma
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22 Statutes elect to accept this offer of an additional covered game
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23 and, accordingly, to operate sports pools under the terms of its
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1 existing gaming compact with the state, the tribe shall execute a
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2 supplement to the compact, to provide as follows:
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3 MODEL TRIBAL GAMING COMPACT SUPPLEMENT
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4 Between the [Name of Tribe]
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5 and the STATE OF OKLAHOMA
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6 To be governed in accord with the [Name of Tribe]'s State-Tribal
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7 Gaming Compact ("Compact"), approved by the United States Department
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8 of the Interior on [Date], the [Name of Tribe] ("Tribe") accepts the
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9 State's offer of an additional covered game codified in Section
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10 280.2 of Title 3A of the Oklahoma Statutes, which offer and this
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11 acceptance are subject to the following terms:
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12 Part 1. TITLE
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13 This document shall be referred to as the "[Name of Tribe] and
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14 State of Oklahoma Gaming Compact Sports Pools Supplement (Gaming
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15 Compact Supplement)".
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16 Part 2. TERMS
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17 A. The Tribe hereby memorializes its election to accept the
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18 State's offer of an additional covered game, which offer is codified
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19 in Section 280.2 of Title 3A of the Oklahoma Statutes. The Tribe
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20 further certifies and agrees it shall not offer such additional
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21 covered game unless and until doing so would be legal under federal
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22 law.
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23 B. The Tribe agrees, subject to the enforcement and exclusivity
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24 provisions of its Compact, to pay to the state a fee derived from
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Req. No. 370 Page 11
1 sports pool revenues calculated as set forth in paragraph 1 of this
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2 subsection. Such fee shall be paid no later than the twentieth day
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3 of the month for revenues received by the Tribe in the preceding
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4 month.
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5 1. The fee shall be:
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6 a. four percent (4%) of the first Five Million Dollars
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7 ($5,000,000.00) of monthly net win received by a Tribe
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8 in a calendar year from the play of sports pools,
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9 b. five percent (5%) of the next Five Million Dollars
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10 ($5,000,000.00) of adjusted gross revenues received by
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11 a Tribe in a calendar year from the play of sports
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12 pools, and
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13 c. six percent (6%) of all subsequent adjusted gross
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14 revenues received by a Tribe in a calendar year from
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15 the play of sports pools.
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16 2. Payment of such fee shall be made to the State Treasurer.
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17 Nothing herein shall require the allocation of such fees to
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18 particular state purposes, including, but not limited to, the actual
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19 costs of performing the State's regulatory responsibilities
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20 hereunder. "Net win" shall mean all money wagered less prizes paid
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21 out and less applicable federal taxes. For all purposes, such
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22 payment shall be deemed an exclusivity and fee payment under
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23 paragraph 2 of subsection A of Part 11 of the Model Tribal Gaming
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24 Compact between the electing Tribe and the State.
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1 C. The Tribe's operation of sports pools pursuant to this Model
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2 Tribe Gaming Compact Supplement shall, for all purposes, including
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3 enforcement and exclusivity, be treated as subject to and lawfully
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4 conducted under the terms and provisions of the Compact.
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5 Part 3. AUTHORITY TO EXECUTE
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6 This Gaming Compact Supplement, to the extent it conforms with
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7 Section 280.2 of Title 3A of the Oklahoma Statutes, is deemed
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8 approved by the State of Oklahoma. No further action of the State
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9 or any state official is necessary for this Gaming Compact
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10 Supplement to take effect upon approval by the Secretary of the
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11 United States Department of the Interior and publication in the
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12 Federal Register. The undersigned tribal official(s) represents
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13 that he or she is duly authorized and has the authority to execute
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14 this Gaming Compact Supplement on behalf of the Tribe for whom he or
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15 she is signing.
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16 APPROVED:
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17 [Name of Tribe]
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18 ________________________ Date: __________
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19 [Title]
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20 A. A tribe electing to accept this additional game offering is
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21 responsible for submitting a copy of the executed supplement to the
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22 Secretary of the United States Department of the Interior for
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23 approval and publication in the Federal Register.
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Req. No. 370 Page 13
1 B. Upon approval of a supplement by the Secretary of the United
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2 States Department of the Interior, said supplement shall be
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3 construed as an acceptance of this offer and a supplement to the
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4 Tribe's existing Model Tribal Gaming Compact with the State.
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5 Thereafter, sports pools shall be deemed a covered game pursuant to
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6 said Compact.
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7 C. The Tribe is entitled to keep an amount equal to state
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8 payments from the operation of sports pools. For all purposes, such
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9 payment shall be deemed an exclusivity and fee payment under
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10 paragraph 2 of subsection A of Part 11 of the Model Tribal Gaming
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11 Compact between the electing Tribe and the State.
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12 D. The offer contained in this section shall not be construed
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13 to permit the operation of any additional form of gaming by
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14 organization licensees or permit any additional electronic or
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15 machine gaming within Oklahoma.
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16 E. Notwithstanding the provisions of Sections 941 through 988
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17 of Title 21 of the Oklahoma Statutes, the conducting of and
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18 participation in any game authorized pursuant to this section are
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19 lawful when played pursuant to a compact supplement which has become
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20 effective in accordance with this section.
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21 SECTION 4. This act shall become effective November 1, 2025.
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23 60-1-370 CAD 1/19/2025 5:39:15 AM
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Req. No. 370 Page 14Every fact on this page links to its source, starting with the official bill record.