{"data":{"id":"us-ok/okla.-stat.-tit.-3a-3a-713","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 3A, § 3A-713","heading":"Disposition of proceeds - Oklahoma Education Lottery Trust","body":"Fund - Appropriation of proceeds - Replenishment of fund - Oklahoma\n\nEducation Lottery Revolving Fund - Appropriations made available on\n\na monthly basis.\n\nA. All gross proceeds shall be the property of the Oklahoma\n\nLottery Commission. From its gross proceeds, the Commission shall\n\npay the operating expenses of the Commission. At least forty-five\n\npercent (45%) of gross proceeds shall be made available as prize\n\nmoney. However, the provisions of this subsection shall be deemed\n\nnot to create any lien, entitlement, cause of action, or other\n\nprivate right, and any rights of holders of tickets or shares shall\n\nbe determined by the Commission in setting the terms of its lottery\n\nor lotteries.\n\nB. There is hereby created in the State Treasury a fund to be\n\ndesignated the “Oklahoma Education Lottery Trust Fund”.\n\nExpenditures from the fund shall be made upon warrants issued by the\n\nState Treasurer against claims filed as prescribed by law with the\n\nDirector of the Office of Management and Enterprise Services for\n\napproval and payment.\n\nC. Upon their deposit into the State Treasury, any monies\n\nrepresenting a deposit of net proceeds shall then become the\n\nunencumbered property of this state, and neither the Commission nor\n\nthe board of trustees shall have the power to agree or undertake\n\notherwise. The monies shall be invested by the State Treasurer in\n\naccordance with state investment practices. All earnings\n\nattributable to such investments shall likewise be the unencumbered\n\nproperty of the state and shall accrue to the credit of the fund\n\nprovided for in subsection B of this section.\n\n1. The first Sixty-five Million Dollars ($65,000,000.00) of\n\nmonies contributed annually to the Oklahoma Education Lottery Trust\n\nFund shall only be appropriated as follows:\n\na. forty-five percent (45%) for the following:\n\n(1) kindergarten through twelfth grade public\n\neducation, including but not limited to\n\ncompensation and benefits for public school\n\nteachers and support employees, and\n\n(2) early childhood development programs, which shall\n\ninclude but not be limited to costs associated\n\nwith prekindergarten and full-day kindergarten\n\nprograms,\n\nb. forty-five percent (45%) for the following:\n\n(1) tuition grants, loans and scholarships to\n\ncitizens of this state to enable such citizens to\n\nattend colleges and universities located within\n\nthis state, regardless of whether such colleges\n\nand universities are owned or operated by the\n\nOklahoma State Regents for Higher Education, or\n\nto attend institutions operated under the\n\nauthority of the Oklahoma Department of Career\n\nand Technology Education; provided, such tuition\n\ngrants, loans and scholarships shall not be made\n\nto a citizen of this state to attend a college or\n\nuniversity which is not accredited by the\n\nOklahoma State Regents for Higher Education,\n\n(2) construction of educational facilities for\n\nelementary school districts, independent school\n\ndistricts, The Oklahoma State System of Higher\n\nEducation, and career and technology education,\n\n(3) capital outlay projects for elementary school\n\ndistricts, independent school districts, The\n\nOklahoma State System of Higher Education, and\n\ncareer and technology education,\ngents for Higher Education,\n\n(2) construction of educational facilities for\n\nelementary school districts, independent school\n\ndistricts, The Oklahoma State System of Higher\n\nEducation, and career and technology education,\n\n(3) capital outlay projects for elementary school\n\ndistricts, independent school districts, The\n\nOklahoma State System of Higher Education, and\n\ncareer and technology education,\n\n(4) technology for public elementary school district,\n\nindependent school district, state higher\n\neducation, and career and technology education\n\nfacilities, which shall include but not be\n\nlimited to costs of providing to teachers at\n\naccredited public institutions who teach levels\n\nkindergarten through twelfth grade, personnel at\n\ntechnology centers under the authority of the\n\nOklahoma State Department of Career and\n\nTechnology Education, and professors and\n\ninstructors within The Oklahoma State System of\n\nHigher Education, the necessary training in the\n\nuse and application of computers and advanced\n\nelectronic instructional technology to implement\n\ninteractive learning environments in the\n\nclassroom and to access the statewide distance\n\nlearning network and costs associated with\n\nrepairing and maintaining advanced electronic\n\ninstructional technology,\n\n(5) endowed chairs for professors at institutions of\n\nhigher education operated by The Oklahoma State\n\nSystem of Higher Education, and\n\n(6) programs and personnel of the Oklahoma School for\n\nthe Deaf and the Oklahoma School for the Blind,\n\nc. five percent (5%) to the School Consolidation\n\nAssistance Fund. When the total amount in the School\n\nConsolidation Assistance Fund from all sources equals\n\nFive Million Dollars ($5,000,000.00), all monies\n\nappropriated pursuant to this subparagraph which would\n\notherwise be deposited in the School Consolidation\n\nAssistance Fund in excess of Five Million Dollars\n\n($5,000,000.00) shall be allocated by the State\n\nDepartment of Education to public schools based on the\n\naudited end-of-year average daily membership in grades\n\n8 through 12 during the preceding school year for the\n\npurpose of purchasing technology equipment. If at any\n\ntime the total amount in the School Consolidation\n\nAssistance Fund drops below Five Million Dollars\n\n($5,000,000.00), the monies appropriated pursuant to\n\nthis subparagraph shall be deposited in the School\n\nConsolidation Assistance Fund until the Fund again\n\nreaches Five Million Dollars ($5,000,000.00), and\n\nd. five percent (5%) to the Teachers’ Retirement System\n\nDedicated Revenue Revolving Fund.\n\nIn no instance shall the annual maximum percentage for\n\nadministrative costs, not including marketing and advertising costs,\n\nfunds set aside for prizes, commissions paid to retailers, contract\n\nfees paid to gaming system vendors and instant ticket providers or\n\nemergency-related capital expenses, exceed three percent (3%) of\n\nsales.\n\n2. The remaining portion of lottery annual net proceeds\n\ndeposited to the Oklahoma Education Lottery Trust Fund that exceeds\n\nSixty-five Million Dollars ($65,000,000.00) shall be transferred by\n\nthe Office of Management and Enterprise Services to the credit of\n\nthe Teacher Empowerment Revolving Fund created in Section 6-190.2 of\n\nTitle 70 of the Oklahoma Statutes.\n\nD. The Legislature shall appropriate funds from the Oklahoma\n\nEducation Lottery Trust Fund only for the purposes specified in\n\nsubsection C of this section. Even when funds from the trust fund\n\nare used for these purposes, the Legislature shall not use funds\n\nfrom the trust fund to supplant or replace other state funds\n\nsupporting common education, higher education, or career and\n\ntechnology education.\n\nE. In order to ensure that the funds from the trust fund are\n\nused to enhance and not supplant funding for education, the State\n\nBoard of Equalization shall examine and investigate appropriations\nfor these purposes, the Legislature shall not use funds\n\nfrom the trust fund to supplant or replace other state funds\n\nsupporting common education, higher education, or career and\n\ntechnology education.\n\nE. In order to ensure that the funds from the trust fund are\n\nused to enhance and not supplant funding for education, the State\n\nBoard of Equalization shall examine and investigate appropriations\n\nfrom the trust fund each year. At the meeting of the State Board of\n\nEqualization held within five (5) days after the monthly\n\napportionment in February of each year, the State Board of\n\nEqualization shall issue a finding and report which shall state\n\nwhether appropriations from the trust fund were used to enhance or\n\nsupplant education funding. If the State Board of Equalization\n\nfinds that education funding was supplanted by funds from the trust\n\nfund, the Board shall specify the amount by which education funding\n\nwas supplanted. In this event, the Legislature shall not make any\n\nappropriations for the ensuing fiscal year until an appropriation in\n\nthat amount is made to replenish the trust fund.\n\nF. Except as otherwise provided by this subsection, no\n\ndeficiency in the Oklahoma Education Lottery Trust Fund shall be\n\nreplenished by reducing any nonlottery funds including, specifically\n\nbut without limitation, the General Revenue Fund, the Constitutional\n\nReserve Fund, or the Education Reform Revolving Fund of the State\n\nDepartment of Education. No program or project started specifically\n\nfrom lottery proceeds shall be continued from the General Revenue\n\nFund, the Constitutional Reserve Fund, or the Education Reform\n\nRevolving Fund of the State Department of Education. Such programs\n\nmust be adjusted or discontinued according to available lottery\n\nproceeds unless the Legislature by general law establishes\n\neligibility requirements and appropriates specific funds therefor.\n\nNo surplus in the Oklahoma Education Lottery Trust Fund shall be\n\nreduced or transferred to correct any nonlottery deficiencies in\n\nsums available for general appropriations. The provisions of this\n\nsubsection shall not apply to bonds or other obligations issued\n\npursuant to or to the repayment of bonds or other obligations issued\n\npursuant to the Oklahoma Higher Education Promise of Excellence Act\n\nof 2005.\n\nG. There is hereby created in the State Treasury a revolving\n\nfund to be designated the “Oklahoma Education Lottery Revolving\n\nFund”. The fund shall be a continuing fund, not subject to fiscal\n\nyear limitations, and shall consist of all monies received by the\n\nCommission. All monies accruing to the credit of the Oklahoma\n\nEducation Lottery Revolving Fund are hereby appropriated and may be\n\nbudgeted and expended for the payment of net proceeds, prizes,\n\ncommissions to retailers, administrative expenses and all other\n\nexpenses arising out of the operation of the education lottery,\n\nsubject to the limitations provided in the Oklahoma Education\n\nLottery Act. Expenditures from the fund shall be made upon warrants\n\nissued by the State Treasurer against claims filed as prescribed by\n\nlaw with the Director of the Office of Management and Enterprise\n\nServices for approval and payment.\n\nThe monies in the fund shall be invested by the State Treasurer\n\nin accordance with state investment practices. All earnings\n\nattributable to such investments shall likewise accrue to the credit\n\nof the fund.\n\nH. When appropriations from the Oklahoma Education Lottery\n\nTrust Fund are made to common education pursuant to the provisions\n\nof subparagraph a of paragraph 1 of subsection C of this section,\n\nthe appropriations shall be made available on a monthly basis. The\n\nfollowing process shall be used to ensure that the appropriations\n\nare made available to common education in a timely manner:\n\n1. Beginning in July of the fiscal year in which appropriations\n\nare made to common education from the Oklahoma Education Lottery\nvisions\n\nof subparagraph a of paragraph 1 of subsection C of this section,\n\nthe appropriations shall be made available on a monthly basis. The\n\nfollowing process shall be used to ensure that the appropriations\n\nare made available to common education in a timely manner:\n\n1. Beginning in July of the fiscal year in which appropriations\n\nare made to common education from the Oklahoma Education Lottery\n\nTrust Fund, the Commission, on or before the ninth day of each\n\nmonth, shall transfer to the State Treasurer, for credit to the\n\nOklahoma Education Lottery Trust Fund, one-twelfth (1/12) of the\n\nannual apportionment due to common education as required by\n\nsubparagraph a of paragraph 1 of subsection C of this section;\n\n2. The Director of the Office of Management and Enterprise\n\nServices shall allocate the transfers provided for in paragraph 1 of\n\nthis subsection to the State Department of Education on a monthly\n\nbasis, not to exceed one-twelfth (1/12) of the annual apportionment\n\nfor the fiscal year; and\n\n3. The total amount of transfers to the Oklahoma Education\n\nLottery Trust Fund of net lottery proceeds made pursuant to this\n\nsubsection shall not exceed the total appropriations made to common\n\neducation from the Oklahoma Education Lottery Trust Fund for the\n\nspecific fiscal year.\n\nI. When appropriations from the Oklahoma Education Lottery\n\nTrust Fund are made to The Oklahoma State System of Higher Education\n\npursuant to the provisions of subparagraph b of paragraph 1 of\n\nsubsection C of this section, the appropriations shall be made\n\navailable to the System on a monthly basis. The following process\n\nshall be used to ensure that the appropriations are made available\n\nto The Oklahoma State System of Higher Education in a timely manner:\n\n1. Beginning in July of the fiscal year in which appropriations\n\nare made to The Oklahoma State System of Higher Education from the\n\nOklahoma Education Lottery Trust Fund, the Commission, on or before\n\nthe ninth day of each month, shall transfer to the State Treasurer,\n\nfor credit to the Oklahoma Education Lottery Trust Fund one-twelfth\n\n(1/12) of the annual apportionment due to the Oklahoma State Regents\n\nfor Higher Education as required by subparagraph b of paragraph 1 of\n\nsubsection C of this section;\n\n2. The Director of the Office of Management and Enterprise\n\nServices shall allocate the transfers provided for in paragraph 1 of\n\nthis subsection to the Oklahoma State Regents for Higher Education\n\non a monthly basis, not to exceed one-twelfth (1/12) of the annual\n\napportionment for the fiscal year; and\n\n3. The total amount of transfers to the Oklahoma Education\n\nLottery Trust Fund of net lottery proceeds made pursuant to this\n\nsubsection shall not exceed the total appropriations made to The\n\nOklahoma State System for Higher Education from the Oklahoma\n\nEducation Lottery Trust Fund for the specific fiscal year.\n\nJ. When appropriations from the Oklahoma Education Lottery\n\nTrust Fund are made to the Oklahoma Department of Career and\n\nTechnology Education, pursuant to the provisions of subparagraph b\n\nof paragraph 1 of subsection C of this section, the appropriations\n\nshall be made available on an annual basis. The following process\n\nshall be used to ensure that the appropriations to the Oklahoma\n\nEducation Lottery Trust Fund are available for the Oklahoma\n\nDepartment of Career and Technology Education in a timely manner:\n\n1. Beginning in July of the fiscal year in which appropriations\n\nare made to the Oklahoma Department of Career and Technology\n\nEducation from the Oklahoma Education Lottery Trust Fund, the\n\nCommission, on or before the ninth day of each quarter, shall\n\ntransfer to the State Treasurer, for credit to the Oklahoma\n\nEducation Lottery Trust Fund, one-fourth (1/4) of the annual\n\napportionment due to the Oklahoma Department of Career and\n\nTechnology Education as required by subparagraph b of paragraph 1 of\nCareer and Technology\n\nEducation from the Oklahoma Education Lottery Trust Fund, the\n\nCommission, on or before the ninth day of each quarter, shall\n\ntransfer to the State Treasurer, for credit to the Oklahoma\n\nEducation Lottery Trust Fund, one-fourth (1/4) of the annual\n\napportionment due to the Oklahoma Department of Career and\n\nTechnology Education as required by subparagraph b of paragraph 1 of\n\nsubsection C of this section;\n\n2. The Director of the Office of Management and Enterprise\n\nServices shall allocate the transfer provided for in paragraph 1 of\n\nthis subsection to the Oklahoma Department of Career and Technology\n\nEducation on a quarterly basis, not to exceed one-fourth (1/4) of\n\nthe annual apportionment for the fiscal year; and\n\n3. The total amount of transfers to the Oklahoma Education\n\nLottery Trust Fund of net lottery proceeds made pursuant to this\n\nsubsection shall not exceed the total appropriations made to the\n\nOklahoma Department of Career and Technology Education from the\n\nOklahoma Education Lottery Trust Fund for the specific fiscal year.\n\nK. When appropriations from the Oklahoma Education Lottery\n\nTrust Fund are made to the School Consolidation Assistance Fund and\n\nTeachers’ Retirement System Dedicated Revenue Revolving Fund,\n\npursuant to the provisions of subparagraphs c and d of paragraph 1\n\nof subsection C of this section, the appropriations shall be made\n\navailable on an annual basis. The following process shall be used\n\nto ensure that the appropriations to the Oklahoma Education Lottery\n\nTrust Fund are made available to the School Consolidation Assistance\n\nFund and Teachers’ Retirement System Dedicated Revenue Revolving\n\nFund in a timely manner:\n\n1. Beginning in July of the fiscal year in which appropriations\n\nare made to the School Consolidation Assistance Fund and the\n\nTeachers’ Retirement System Dedicated Revenue Revolving Fund from\n\nthe Oklahoma Education Lottery Trust Fund, the Commission, on or\n\nbefore the ninth day of each quarter, shall transfer to the State\n\nTreasurer, for credit to the Oklahoma Education Lottery Trust Fund,\n\none-fourth (1/4) of the annual apportionment due to the School\n\nConsolidation Assistance Fund and the Teachers’ Retirement System\n\nDedicated Revenue Revolving Fund as required by subparagraphs c and\n\nd of paragraph 1 of subsection C of this section;\n\n2. The Director of the Office of Management and Enterprise\n\nServices shall allocate the transfers provided for in paragraph 1 of\n\nthis subsection to the School Consolidation Assistance Fund and the\n\nTeachers’ Retirement System Dedicated Revenue Revolving Fund on a\n\nquarterly basis, not to exceed one-fourth (1/4) of the annual\n\napportionment for the fiscal year; and\n\n3. The total amount of transfers to the Oklahoma Education\n\nLottery Trust Fund of net lottery proceeds made pursuant to this\n\nsubsection shall not exceed the total appropriations made to the\n\nSchool Consolidation Assistance Fund and the Teachers’ Retirement\n\nSystem Dedicated Revenue Revolving Fund from the Oklahoma Education\n\nLottery Trust Fund for the specific fiscal year.\n\nL. At the conclusion of each fiscal year, the Oklahoma Lottery\n\nCommission shall make available all remaining profits to the\n\nOklahoma Education Lottery Trust Fund in the following manner:\n\n1. By July 9 of the proceeding fiscal year, the Oklahoma\n\nLottery Commission shall transfer the five percent (5%) difference\n\nbetween the previous year’s State Board of Equalization estimate and\n\nthe appropriated amount. The cash contribution shall be available\n\nfor appropriation in the following legislative session pending\n\nprofit exists above and beyond the prior year’s annual\n\nappropriation; and\n\n2. By September 30, the Oklahoma Lottery Commission shall\n\ntransfer all remaining profit as established by an external\n\nfinancial audit pursuant to Section 733 of this title. This cash\nate and\n\nthe appropriated amount. The cash contribution shall be available\n\nfor appropriation in the following legislative session pending\n\nprofit exists above and beyond the prior year’s annual\n\nappropriation; and\n\n2. By September 30, the Oklahoma Lottery Commission shall\n\ntransfer all remaining profit as established by an external\n\nfinancial audit pursuant to Section 733 of this title. This cash\n\ncontribution shall be available for appropriation in the following\n\nlegislative session pending profit exists above and beyond the prior\n\nyear’s annual appropriation.","path":["OK Code","Title 3A"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os3A.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"23a5f33b99803e4eb96b1406f8544d194b6919774609b27ffe504e4213ee8116","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-3a-3a-712","next":"us-ok/okla.-stat.-tit.-3a-3a-714"},"notice":"GroundRules: Original legal text. Not legal advice."}