A. Proceeds of any lottery prize shall be subject to the Oklahoma state income tax.
B. Attachments, garnishments, or executions authorized and issued pursuant to law shall be withheld if timely served upon the Oklahoma Lottery Commission. This subsection shall not apply to payment of prizes by a retailer.
C. The Commission shall adopt policies and procedures to establish a system of verifying the validity of tickets or shares claimed to win prizes and to effect payment of the prizes, except that:
1. No prize, any portion of a prize, or any right of any person to a prize awarded shall be assignable. Any prize or any portion of a prize remaining unpaid at the death of a prize winner shall be paid to the estate of the deceased prize winner or to the trustee of a trust established by the deceased prize winner as settlor if a copy of the trust document or instrument has been filed with the Commission along with a notarized letter of direction from the settlor and no written notice of revocation has been received by the Commission prior to the death of the settlor. Following the death of a settlor and prior to any payment to a successor trustee, the Commission shall obtain from the trustee a written agreement to indemnify and hold the Commission harmless with respect to any claims that may be asserted against the Commission arising from payment to or through the trust. Notwithstanding any other provisions of this section, any person, pursuant to an appropriate judicial order, shall be paid the prize to which a winner is entitled;
2. No prize shall be paid arising from claimed tickets that are:
3. No particular prize in any lottery game shall be paid more than once, and in the event of a determination that more than one claimant is entitled to a particular prize, the sole remedy of the claimants is the award to each of them of an equal share in the prize;
4. A holder of a winning cash ticket or share from a lottery game shall claim a cash prize within one hundred eighty (180) days, or for a multistate or multisovereign lottery game within one hundred eighty (180) days, after the drawing in which the cash prize was won. In any Oklahoma lottery game in which the player may determine instantly if the player has won or lost, the player shall claim a cash prize within ninety (90) days, or for a multistate lottery game within one hundred eighty (180) days, after the end of the lottery game. If a valid claim is not made for a cash prize within the applicable period, the cash prize shall constitute an unclaimed prize for purposes of the Oklahoma Education Lottery Act;
5. Any person or persons claiming a lottery prize exceeding Six Hundred Dollars ($600.00) shall provide the Commission with their name, address, social security number, and sufficient valid identification as proof of the same prior to payment of the prize by the Commission; and
6. Any person or persons claiming a lottery prize exceeding Six Hundred Dollars ($600.00) as a trust shall provide for each person entitled to any portion of the prize their name, address, social security number, and sufficient valid identification as proof of the same prior to payment of the prize by the Commission except that such information specified in this paragraph shall be confidential and not subject to the provisions of the Oklahoma Open Records Act.
D. No prize shall be paid upon a ticket or share purchased or sold in violation of the Oklahoma Education Lottery Act. Any such prize shall constitute an unclaimed prize for purposes of the Oklahoma Education Lottery Act.
E. The Commission is discharged of all liability upon payment of a prize.
F. No ticket or share shall be purchased by and no prize shall be paid to any member of the board of trustees of the Oklahoma Lottery Commission, any officer or employee of the Commission, or to any spouse, child, brother, sister, or parent residing as a member of the same household in the principal place of residence of any such person. No ticket or share shall be purchased by and no prize shall be paid to any officer, employee, agent, or subcontractor of any vendor or to any spouse, child, brother, sister, or parent residing as a member of the same household in the principal place of residence of any such person if the officer, employee, agent, or subcontractor has access to confidential information which may compromise the integrity of the lottery.
G. Unclaimed prize money shall not constitute net lottery proceeds. The first Seven Hundred Fifty Thousand Dollars ($750,000.00) of unclaimed prize money accruing annually shall be transferred to the Department of Mental Health and Substance Abuse Services for the treatment of compulsive gambling disorder and educational programs related to such disorder. All other unclaimed prize money shall be added to the pool from which future prizes are to be awarded or used for special prize promotions.
Added by Laws 2003, c. 58, § 25. Amended by Laws 2005, c. 365, § 1, emerg. eff. June 6, 2005; Laws 2007, c. 336, § 2, eff. July 1, 2007; Laws 2013, c. 161, § 1, eff. July 1, 2013.
Structure Oklahoma Statutes
Title 3A. Amusements and Sports
§3A-202. Conflicts of interest.
§3A-203. Meetings - Officers - Quorum - Legal proceedings or actions - Compensation.
§3A-203.1. Commission member prohibited from performing certain activities.
§3A-203.2. Advisory councils and task forces.
§3A-203.5. Stewards - Examinations - Qualifications - Licenses.
§3A-203.6. Subpoenas - Oaths and affirmations - False testimony.
§3A-203.7. Purpose and intent of act - Rules and regulations.
§3A-203.8. Non-pari-mutuel tracks - Time for payment of claims.
§3A-204. Powers and duties of Commission.
§3A-204.1B. Equine Drug Testing Revolving Fund.
§3A-204.1C. Oklahoma Horse Racing Commission Operational Expenses Revolving Fund.
§3A-204.1D. Oklahoma Horse Racing Commission - Budget.
§3A-204.3. Suspension or revocation of occupation license at race meeting - Procedure.
§3A-205.1. Organization license - Applications - Silent or undisclosed interest.
§3A-205.2a. Ownership interest in organization license.
§3A-205.3. Persons ineligible for grant of organization license.
§3A-205.4. Minimum standard for organization licensees - Penalty.
§3A-205.5. Fire safety standards in grandstand facilities - Inspections.
§3A-205.7. Wagering on out-of-state races.
§3A-205.8. National Breeders' Cup - Pick seven wagers - Apportionment of wagered funds.
§3A-207. Tax imposed - Distribution of proceeds.
§3A-208. Breakage - Distribution of proceeds.
§3A-208.1. Unclaimed winning tickets - Claims - Proceeds.
§3A-208.2. Race meetings conducted by fair associations - Proportions of wagers retained - Licenses.
§3A-208.3. Oklahoma Breeding Development Fund Special Account.
§3A-208.3a. Oklahoma Breeding Development Administration Revolving Fund.
§3A-208.6. True name of horse to be used - Violations.
§3A-208.8. Corrupt acts and practices - Penalties.
§3A-208.9. Compensation for wagering prohibited - Penalties.
§3A-208.11. Administration of drugs or medications - Determination by rule - Penalties.
§3A-208.12. Gaming areas not subject to certain smoking prohibitions - Requirements.
§3A-208.13. Horsemen's Bookkeeper - Records.
§3A-240. Enactment of compact - Provisions.
§3A-251. Local rodeo committees - Acceptance of local entries.
§3A-262. Authorized gaming licenses.
§3A-262.1. Occupation gaming licenses – Independent testing laboratory license.
§3A-263. Distributions and payments by licensees.
§3A-264. Race meetings - Number required.
§3A-265. Transfer of purse money - Agreements - Rescission.
§3A-266. Out-of-state full card simulcast races.
§3A-270. Player terminals - Recording, monitoring and regulating play.
§3A-271. Minimum standards for games.
§3A-272. Audit of game software.
§3A-275. Standards for player terminals.
§3A-276. Electronic accounting systems.
§3A-277. Standards for cashless transaction systems.
§3A-278. Electronic game components - Certification by manufacturer.
§3A-279. Disputes - Collection of data.
§3A-280. Offer of model tribal gaming contract.
§3A-280.1. Non-house-banked table games supplement.
§3A-281. Model Tribal Gaming Compact.
§3A-401. Short title - Purpose - Findings.
§3A-405. Limited charity game activities - Exemptions.
§3A-408. Organization license - Application.
§3A-408.1. Employee or manager license.
§3A-409. Distributor license - Application.
§3A-410. Manufacturer license - Application.
§3A-411. Notice of intention to apply for license - Notice of application to local authorities.
§3A-413. Petition to revoke license.
§3A-414. Licensee records - Reports.
§3A-415. Purchase, sale or disposal of supplies.
§3A-416. Reporting of damaged and winning bingo faces, cards and game sets.
§3A-417. Alcoholic beverages and low-point beer prohibition.
§3A-419. Limitation on prizes.
§3A-420. Sales tax permit required.
§3A-422. Collection and remission of taxes.
§3A-423. Disposition of revenues.
§3A-425. Cease and desist orders - Injunctions - Restraining orders - Administrative fines.
§3A-502. Certain acts and games prohibited - Definitions.
§3A-503. Prizes - Posting of rules and costs.
§3A-603. Rules - Power and duty of Commission.
§3A-604.1. Oklahoma State Athletic Commission – Members - Terms.
§3A-604.3. Withholding of purse.
§3A-605. Administrator - Assistant - Administrative expenses - Conflict of interest.
§3A-606. Sanctioning permits - Exemptions.
§3A-607. Application for sanctioning permit or license - Notice of sanction.
§3A-609. Sanctioning permit required - Prohibition by local ordinance or resolution.
§3A-611. Considerations before issuance of license or sanctioning permit.
§3A-613. Subpoena of witnesses, production of records - Audits - Suspension for just cause.
§3A-614. Notice of violation - Hearing - Orders - Actions.
§3A-615. Penalties - Administrative fines - Injunctions.
§3A-616. Oklahoma State Athletic Commission Revolving Fund - Abolition of fund.
§3A-623. Liability for damages – Ring official physicians.
§3A-624. Licensure – Certified copy of test results.
§3A-704. Oklahoma Lottery Commission – Creation – Office – Venue.
§3A-705. Oklahoma Lottery Commission – Board of Trustees.
§3A-706. Lottery Retailer Advisory Board.
§3A-707. Duties of board of trustees.
§3A-709. Powers of Commission.
§3A-710. Rules – Video lottery machines prohibited.
§3A-711. Powers and duties of executive director.
§3A-712. Personnel – Conflict of interest – Background investigation – Bond.
§3A-714. Encouragement of minority business participation.
§3A-716. Performance bond, letter of credit or securities – Competitive bidding.
§3A-717. Statewide network of lottery retailers – Compensation – Criteria for qualification.
§3A-718. Transfer or assignment of contract – Restriction on sale of tickets and shares.
§3A-721. Personal liability for proceeds – Deposit requirements – Insolvency.
§3A-722. Computation of rental payments for retailer business premises – Percentage of retail sales.
§3A-723. Prices of tickets or shares – Restrictions on sales.
§3A-723.1. Authorized purchase of lottery tickets by officers and employees.
§3A-724. Prizes - Verification of validity of tickets or shares - Unclaimed prize monies.
§3A-724.1. Prize withholding – Delinquent debt to Department of Human Services.
§3A-724.2. Prize withholding - Delinquent debt to Tax Commission.
§3A-724.3. Withholding delinquent debt – Payment – Promulgation of rules.
§3A-724.4. Priority of delinquent debt withholding.
§3A-724.5. Web application for lottery-sponsored and second-chance promotions.
§3A-726. Sale of ticket or share to person under 18 – Penalty.
§3A-728. False statement in application for license or proposal – Penalty.
§3A-729. Intelligence – Sharing agreements with federal government and other agencies – Disclosure.
§3A-732. Issuance of bonds or notes – Trust indentures.
§3A-733. Reports – Records – Audits – Submission of annual operating budget.