STATE OF OKLAHOMA

1st Session of the 52nd Legislature (2009)

SENATE BILL 913	By:	Sparks

AS INTRODUCED

An Act relating to amusement and sports; amending 3A O.S. 2001, Section 208.2, as amended by Section 23, Chapter 8, O.S.L. 2004 (3A O.S. Supp. 2008, Section 208.2), which relates to the Oklahoma Horse Racing Act; allowing certain race meeting to be held in an adjacent county; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     3A O.S. 2001, Section 208.2, as amended by Section 23, Chapter 8, O.S.L. 2004 (3A O.S. Supp. 2008, Section 208.2), is amended to read as follows:
Section 208.2  A.  Any fair association organized pursuant to the provisions of Title 2 of the Oklahoma Statutes for Agricultural Fair Corporations, the Free Oklahoma State Fair, Free District Fairs, and Agricultural and Industrial Expositions and Fairs or any existing county, district, or state fair as of January 1, 1983, may apply to the Commission for one race meeting each year to be held within the boundaries of the county where the fair association is located or a county adjacent thereto.  The Oklahoma Horse Racing Commission may set the number of days and the dates of such race meeting requested by the fair association.  A race meeting conducted by a fair association shall not exceed sixteen (16) days during a twenty-eight-consecutive-day period or a fair association shall be permitted to conduct a race meeting of twenty (20) to twenty-two (22) days during a thirty-eight-consecutive-day period.  A race meeting conducted pursuant to the provisions of this section shall be conducted in such a manner that all profits shall accrue to the fair association.
B.  Each organization licensee that, pursuant to this section, holds a race meeting at which the pari-mutuel system of wagering is conducted shall retain the following amounts from the monies wagered:
1.  On win, place, and show wagers, an amount equal to eighteen percent (18%) shall be retained and distributed as follows:
a.	two-thirds (2/3) of the eighteen percent (18%) to the organization licensee, and
b.	one-third (1/3) of the eighteen percent (18%) to purses for participating horses;
2.  On race wagers involving two races or two horses, an amount equal to twenty-one percent (21%) shall be retained and distributed as follows:
a.	one percent (1%) shall be remitted to the Commission, at such intervals as required by the Commission, for deposit in the Oklahoma Breeding and Development Fund Special Account for participating horses,
b.	two-thirds (2/3) of the balance of the amount retained to the organization licensee, and
c.	one-third (1/3) of the balance of the amount retained to purses for participating horses;
3.  On race wagers involving three or more races or three or more horses, an amount equal to not less than twenty-one percent (21%) nor more than twenty-five percent (25%) shall be retained and distributed as follows:
a.	one percent (1%) shall be remitted to the Commission, at such intervals as required by the Commission, for deposit in the Oklahoma Breeding and Development Fund Special Account for participating horses,
b.	two-thirds (2/3) of the balance of the amount retained to the organization licensee, and
c.	one-third (1/3) of the balance of the amount retained to purses for participating horses; and
4.	a.	Wagers conducted pursuant to Section 205.7 of this title by an organization licensee pursuant to this section whether or not such wagers are accepted during the live race meeting of the organization licensee shall be exempt from the provisions of subsection E of Section 205.7 of this title.
b.	Except as otherwise provided by law, the amount remaining after the deduction made pursuant to the provisions of subsection D of Section 205.7 of this title and after the contractual payment to the out-of-state host racing organization shall be distributed as follows:  an amount equal to two percent (2%) of the monies wagered shall be distributed to the organization licensee and the balance shall be distributed as follows:
(1)	fifty percent (50%) to the organization licensee, and
(2)	fifty percent (50%) to the organization licensee to be distributed as purses.
C.  Any organization licensed pursuant to this section and conducting pari-mutuel wagering on races being run at another organization licensee within the State of Oklahoma shall retain from the monies being wagered an amount equal to the amount being retained from wagers by the sending track.  The amount of money retained shall be distributed as follows:
1.  Fifty percent (50%) to the organization licensee; and
2.  Fifty percent (50%) to the organization licensee as purses for participating horses.
D.  The Commission shall issue occupation licenses for personnel of organization licensees licensed pursuant to this section.  Each occupation license shall be issued pursuant to Section 204.2 of this title except that the occupation license fee shall not be more than Ten Dollars ($10.00) excluding fingerprinting fees.
SECTION 2.  This act shall become effective November 1, 2009.

52-1-1226	ARE	1/15/2009 10:47:14 AM