Oklahoma 2023 Regular Session

Oklahoma House Bill HB1395 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	ENGR. H. B. NO. 1395 Page 1 1
	3	+	HB1395 HFLR Page 1
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28		-	ENGROSSED HOUSE
29		-	BILL NO. 1395 By: Luttrell of the House
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	1st Session of the 59th Legislature (2023)
	34	+
	35	+	HOUSE BILL 1395 By: Luttrell of the House
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31	37		and
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33	39		Coleman of the Senate
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	45	+	AS INTRODUCED
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40	47		An Act relating to amusements and sports; amending 3A
41	48		O.S. 2021, Sections 203.1 and 205.2, which relate to
42	49		the Oklahoma Horse Racing Commission; modifying who
43	50		is prohibited from receiving certai n funds; modifying
44	51		provision related to starting gates; repealing 3A
45	52		O.S. 2021, Section 202, which relates t o the Oklahoma
46	53		Horse Racing Commission; and providing an effective
47	54		date.
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54	61		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
55	62		SECTION 1. AMENDATORY 3A O.S. 2021, Section 203.1, is
56	63		amended to read as follows:
57	64		Section 203.1 A. A member of the Oklahoma Horse Racing
58	65		Commission shall not accept any gift, loan, entertainment or favor
59	66		from any occupation or organiz ation licensee, except such suitable
60	67		facilities and services within the enclosure of an organization
61	68		licensee as may be required by the member to facilitate the proper
62		-	performance of his or her duties. A member of the Oklahoma Horse
63		-	Racing Commission, oth er than a member required by the provis ions of
64		-	Section 201 of this title to be experienced in the horse indust ry,
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66		-	ENGR. H. B. NO. 1395 Page 2 1
	70	+	HB1395 HFLR Page 2
	71	+	BOLD FACE denotes Committee Amendments. 1
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	96	+	performance of his or her duties. A member of the Oklahoma Horse
	97	+	Racing Commission, oth er than a member required by the provis ions of
	98	+	Section 201 of this title to be experienced in the horse indust ry,
91	99		shall not accept any compensation or service from any occupation or
92	100		organization licensee, except such suitable facilities and services
93	101		within the enclosure of an organization licen see as may be required
94	102		by the member to facilitate the proper performan ce of his or her
95	103		duties.
96	104		B. No member of the Commission or Commission emplo yee shall
97	105		place any wagers on any horse race over which the Commission has
98	106		jurisdiction.
99	107		C. Members of the Commission and members of their immediate
100	108		families, and Commission employees and members of their immediate
101	109		families are prohibited from receiving p urse supplements, stakes,
102	110		rewards, stallion awards, broodmare awards, or breeders awards of
103	111		any kind, or marketing, promotion, or advertising monies of any kind
104	112		from the Oklahoma Breeding Development Fund Special Account
105	113		administered by the Commission purs uant to Section 208.3 of this
106	114		title. "Immediate family" has the meaning provided by Rule 257:1 -1-
107	115		2 of the Rules of the Ethics Commission, Chapter 62 , App. of Title
108	116		74 of the Oklahoma Statutes.
109	117		D. Nothing in this section shall prohibit members of the
110	118		Commission, who are required by the provisions of Section 201 of
111		-	this title to be experienced in the horse indust ry, from receiving
112		-	purses for participating horses from an organization licensee.
113		-	E. Provided, any member of the Commission who has an ownership
114		-	interest in any horse shall be prohibited from participating in the
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116		-	ENGR. H. B. NO. 1395 Page 3 1
	120	+	HB1395 HFLR Page 3
	121	+	BOLD FACE denotes Committee Amendments. 1
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	146	+	this title to be experienced in the horse indust ry, from receiving
	147	+	purses for participating horses from an organization licensee.
	148	+	E. Provided, any member of the Commission who has an ownership
	149	+	interest in any horse shall be prohibited from participating in the
141	150		discussion on, voting on, influencing or a ttempting to influence the
142	151		official action of the Commission in any mat ter affecting the
143	152		eligibility of such horse to participate in any race or wh ich
144	153		determines the amount or receipt of any purse by the Commission
145	154		member or any member of the family of the Commission member. A
146	155		commissioner shall be eligible to participate in the discussion on,
147	156		vote on, influence or attempt to influence the official a ction of
148	157		the Commission if the only benefit to accrue to the Commissio ner or
149	158		any member of the Commissioner 's family is a benefit which accrues
150	159		to the Commissioner or a member of t he Commissioner's family as a
151	160		result of being a member of a large class to n o greater extent than
152	161		could reasonably be foreseen to accrue to all ot her members of the
153	162		large class.
154	163		SECTION 2. AMENDATORY 3A O.S. 2021, Section 205.2, is
155	164		amended to read as follows:
156	165		Section 205.2 A. Applications for organization licenses must
157	166		be filed with the Commission at a time and place prescribed by the
158	167		rules and regulations of the Commission. Beginning with
159	168		organization license applications for t he 1994 calendar year, the
160	169		Commission shall develop and use separate application forms for
161		-	applicants requesting an organization license to co nduct horse
162		-	racing with the pari-mutuel system of wagering and applicants
163		-	requesting an organization license to co nduct horse racing without
164		-	the pari-mutuel system of wagering. For use for the 1993 ca lendar
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166		-	ENGR. H. B. NO. 1395 Page 4 1
	171	+	HB1395 HFLR Page 4
	172	+	BOLD FACE denotes Committee Amendments. 1
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	197	+	applicants requesting an organization license to co nduct horse
	198	+	racing with the pari-mutuel system of wagering and applicants
	199	+	requesting an organization license to co nduct horse racing without
	200	+	the pari-mutuel system of wagering. For use for the 1993 ca lendar
191	201		year organization licenses, an applicant request ing to conduct horse
192	202		racing without the pari-mutuel system of wagering shall make
193	203		application with the Commission on American Quarter Horse
194	204		Association application forms. Applications for an organizat ion
195	205		license to conduct horse racing without the pari -mutuel system of
196	206		wagering for the 1993 calendar year shall be filed with the
197	207		Commission on or before the 1st day of August, 1992. Each applicant
198	208		requesting an organization license to conduct horse racin g with the
199	209		pari-mutuel system of wagering shall include with each application a
200	210		nonrefundable license fee equal to the sum of Five Thousand Dollars
201	211		($5,000.00) for each race meeting and Two Hundred Dollars ($200.00)
202	212		for each racing day requested. Provided , the fee for Five Thousand
203	213		Dollars ($5,000.00) shall b e waived for applicants applyin g pursuant
204	214		to the provisions of Section 208.2 of this title. Each applicant
205	215		requesting an organization license to conduct horse racing without
206	216		the pari-mutuel system of wagering or to conduct accredited work or
207	217		training races shall include with each appli cation a nonrefundable
208	218		license fee of Five Hundred Dollars ($500.00) for each race meeting.
209	219		Such fee shall be in the form of a certified check or bank draft
210	220		payable to the order of the Commission. Within thirty (30) days
211		-	after the date specified for fili ng, the Commission shall examine
212		-	the applications for compliance with the provision s of the Oklahoma
213		-	Horse Racing Act and such rules and regulations as may be
214		-	promulgated by the Commission. If any application does not comply
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216		-	ENGR. H. B. NO. 1395 Page 5 1
	222	+	HB1395 HFLR Page 5
	223	+	BOLD FACE denotes Committee Amendments. 1
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	248	+	after the date specified for fili ng, the Commission shall examine
	249	+	the applications for compliance with the provision s of the Oklahoma
	250	+	Horse Racing Act and such rules and regulations as may be
	251	+	promulgated by the Commission. If any application does not comply
241	252		with the provisions of the Okl ahoma Horse Racing Act or the rules
242	253		and regulations promulgated by the Commission, the application may
243	254		be rejected or the Commission may direct the applicant to comply
244	255		with the provisions of the Oklahoma Horse Racing Act or t he rules
245	256		and regulations of the Commission within a reasonable time as
246	257		determined by the Commission. Upon proof b y the applicant of
247	258		compliance, the Commission may reconsider the application. If it is
248	259		found to be in compliance with the provisions of the O klahoma Horse
249	260		Racing Act and the rules and regulations of the Commission, the
250	261		Commission may then issue an organiz ation license to the applicant.
251	262		B. The Commission may exercise discretion in the issui ng of
252	263		organization licenses to qualified applicants. T he Commission may
253	264		also determine and grant racing dates different from those requested
254	265		by the applicants in their applications.
255	266		C. The Commission may determine and grant the number of racing
256	267		days to be allotted to each applicant. When granting organizati on
257	268		licenses and allocating date s for race meetings which will, in the
258	269		judgment of the Commission, be conducive to the best interests of
259	270		the public and the sport of horse racing, the Commission shall gi ve
260	271		consideration to:
261		-	1. The character, reputation, exp erience, and financial
262		-	integrity of each applicant and of any other person that:
263		-	a. directly or indirectly control s such applicant, or
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265		-	ENGR. H. B. NO. 1395 Page 6 1
	273	+	HB1395 HFLR Page 6
	274	+	BOLD FACE denotes Committee Amendments. 1
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	299	+	1. The character, reputation, exp erience, and financial
	300	+	integrity of each applicant and of any other person that:
	301	+	a. directly or indirectly control s such applicant, or
290	302		b. is directly or indirectly controlled by such applicant
291	303		or by a person who directly or indirectly controls
292	304		such applicant; and
293	305		2. The facilities and accommodations of the applicant for the
294	306		conduct of race meetings; and
295	307		3. The location of the race meeting of the applicant in
296	308		relation to the principal centers of popula tion of this state; and
297	309		4. The highest prospective tot al revenue to be derived by the
298	310		state from the conduct of the race meeting.
299	311		D. Prior to the issuance of an organi zation license to conduct
300	312		pari-mutuel race meetings, the applicant shall file with the
301	313		Commission a bond payable to the State of Oklahoma in a n amount
302	314		determined by the Comm ission which is not less than Two Hundred
303	315		Thousand Dollars ($200,000.00) and not mo re than the total financial
304	316		liability of the organization licensee throughout the race meeting
305	317		for which the organization license is requested , executed by the
306	318		applicant and a surety company or companies authorized to do
307	319		business in this state, and conditi oned upon the payment by the
308	320		organization licensee of all taxes and other monies due an d payable
309	321		pursuant to the provisions of the Oklahoma Ho rse Racing Act and all
310	322		purses due and payable, and upon the fact that, upon presentation of
311		-	winning tickets, the o rganization licensee will distribute all sums
312		-	due to the patrons of pari -mutuel pools. The financial liabilities
313		-	incurred by the organization licensee in the form of real e state
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315		-	ENGR. H. B. NO. 1395 Page 7 1
	324	+	HB1395 HFLR Page 7
	325	+	BOLD FACE denotes Committee Amendments. 1
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	350	+	winning tickets, the o rganization licensee will distribute all sums
	351	+	due to the patrons of pari -mutuel pools. The financial liabilities
	352	+	incurred by the organization licensee in the form of real e state
340	353		mortgages shall not be included in the determination of the bond
341	354		amount.
342	355		E. The Commission shall notify each applicant of the racing
343	356		dates allotted to such applica nt. The notice shall be in writing
344	357		and sent by registered mail to the applicant at th e address stated
345	358		in the application. The notice shall be mailed within two (2)
346	359		business days of the date the allotment is made. After the mailing
347	360		of such notice of allo tment, each applicant shall file with the
348	361		Commission within ten (10) days an acceptanc e of such allotment on a
349	362		form prescribed and furnished by the Commission.
350	363		F. Each organization license shall specify the name of the
351	364		person to whom it is issued, the dat es upon which horse racing is
352	365		permitted, and the locati on, place, track, or enclosure where the
353	366		race meeting is to be held.
354	367		G. All employees of an organization licensee shall be citizens
355	368		of the United States, and not less than ninety percent (90%) of such
356	369		employees shall be residents of this state for not les s than
357	370		eighteen (18) months imm ediately preceding such employment.
358	371		H. All horse racing conducted pursuant to the provisions of an
359	372		organization license is subject to the provisions of the Oklahoma
360	373		Horse Racing Act and of the rules, regulations and directiv es
361		-	promulgated by the Commissio n, and every organization license issued
362		-	by the Commission shall contain a statemen t to that effect.
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364		-	ENGR. H. B. NO. 1395 Page 8 1
	375	+	HB1395 HFLR Page 8
	376	+	BOLD FACE denotes Committee Amendments. 1
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	401	+	promulgated by the Commissio n, and every organization license issued
	402	+	by the Commission shall contain a statemen t to that effect.
389	403		I. Any organization licensee may provide, with prior approval
390	404		by the Commission, that at least one horse race a day may be devoted
391	405		to the racing of a type of horse which is different from the type of
392	406		horse being raced in the other races conducted by the organization
393	407		licensee on that day. When scheduled races are trial hea ts for
394	408		futurities or stakes races electronically timed from the starting
395	409		gates, no organization licensee shall move the starting gates or
396	410		allow the starting gates to be moved until all trial heats are
397	411		complete, unless they are using a device approved by th e horsemen's
398	412		representative and the stewards that will ensure the gates are set
399	413		in the same position, except in an emergency as determined by the
400	414		stewards.
401	415		J. Organization licenses may be revoked if th e organization
402	416		licensee or any person owning an intere st in the organization
403	417		licensee:
404	418		1. Violates any provision of the Oklahoma Horse Raci ng Act; or
405	419		2. Violates any provision of the rules and regulations
406	420		promulgated pursuant to the provisions of the Okl ahoma Horse Racing
407	421		Act; or
408	422		3. Has been convicted of a felony; or
409		-	4. Has been convicted of violating any law reg arding gambling
410		-	or controlled dangerous substances of the United States, this state,
411		-	or any other state; or
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413		-	ENGR. H. B. NO. 1395 Page 9 1
	424	+	HB1395 HFLR Page 9
	425	+	BOLD FACE denotes Committee Amendments. 1
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	450	+	4. Has been convicted of violating any law reg arding gambling
	451	+	or controlled dangerous substances of the United States, this state,
	452	+	or any other state; or
438	453		5. Has failed to disclose or has s tated falsely any information
439	454		contained in the applica tion; or
440	455		6. Has concealed in whole or in part the true own ership of the
441	456		organization licensee.
442	457		Any organization license revocation proceeding shall be
443	458		conducted pursuant to the provisions of Sections 3 02 through 323 of
444	459		Title 75 of the Oklahoma Statutes.
445	460		K. The fees received by the Commission pursuant to the
446	461		provisions of this section shal l be apportioned to the Oklahoma
447	462		Horse Racing Commission Operational Expenses Revol ving Fund.
448	463		L. The provisions of the Oklahoma Horse Racing Act and rules
449	464		promulgated by the Commission shall apply to an organization
450	465		licensee during the entire calendar yea r in which the license was
451	466		issued.
452	467		SECTION 3. REPEALER 3A O.S. 2021, Section 202, is hereby
453	468		repealed.
454	469		SECTION 4. This act shall become effective November 1, 2023.
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481		-	Passed the House of Representatives the 8th day of March, 2023.
482		-
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485		-
486		-	Presiding Officer of the House
487		-	of Representatives
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491		-	Passed the Senate the ___ day of __________, 2023.
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496		-	Presiding Officer of the Senate
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498		-
	471	+	COMMITTEE REPORT BY: COMMITTEE ON RURAL DEVELOPMENT, dated
	472	+	02/20/2023 - DO PASS, As Coauthored.