Oklahoma 2024 Regular Session

Oklahoma House Bill HB3693 Compare Versions

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Version 2 (New)

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1		-	An Act
2		-	ENROLLED HOUSE
3		-	BILL NO. 3693 By: Culver of the House
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	28	+	STATE OF OKLAHOMA
	29	+
	30	+	2nd Session of the 59th Legislature (2024)
	31	+
	32	+	CONFERENCE COMMITTEE
	33	+	SUBSTITUTE
	34	+	FOR ENGROSSED
	35	+	HOUSE BILL NO. 3693 By: Culver of the House
4	36
5	37		and
6	38
7		-	~~Kidd~~ of the Senate
	39	+	Stephens of the Senate
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12		-
13		-
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	44	+	CONFERENCE COMMITTEE SUBSTITUTE
15	45
16	46		An Act relating to amusements and sports; amending 3A
17	47		O.S. 2021, Sections 201 and 208.3, which relate to
18	48		the Oklahoma Horse Racing Commission; modifying
19	49		appointment of members of the Commission; providing
20	50		for appointing procedure if there is a vacancy ;
21	51		prohibiting the Commission from expending certain
22	52		funds when other funds are available; and providing
23	53		an effective date.
24	54
25	55
26	56
27	57
28		-
29		-
30		-	SUBJECT: Amusements and sports
31		-
32	58		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA:
33		-
34	59		SECTION 1. AMENDATORY 3A O.S. 2021, Section 201, is
35	60		amended to read as follows:
36		-
37	61		Section 201. A. There is hereby create d the Oklahoma Horse
38	62		Racing Commission, which shall consist of the following nine (9)
39	63		members:
40		-
41	64		1. One member who shall be from the First Congressional
42	65		District, one member who shall be from the Sec ond Congressional
43	66		District, one member who shall be from the Third Congressional
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44	93		District, one member who shall be from the Fourth C ongressional
45		-	District, and one member who shall be from the Fifth Congressional ~~ENR. H. B. NO. 3693 Page 2~~
	94	+	District, and one member who shall be from the Fifth Congressional
46	95		District appointed by the Governor with the advice and consent of
47	96		and confirmed by the Senate;
48		-
49	97		2. One at large member who shall be experienced in the horse
50	98		racing industry and from the state and one at large member who may
51	99		be experienced in the horse racing industry and who shall be from
52	100		the state appointed by the Speaker of the Oklahoma House of
53	101		Representatives; and
54		-
55	102		3. One at large member who shall be experienced in the h orse
56	103		racing industry and from the state and one at large member who shall
57	104		be experienced in the ho rse racing industry and from the stat e
58	105		appointed by the President Pro Tempore of t he Oklahoma State Senate.
59		-
60		-	In the event of a vacancy that qualifies for an appointment
61		-	under paragraph 2 or 3 of this subsection, the Speaker of the House
62		-	and the President Pro Temp ore shall have alternating appointment s;
63		-	provided, however, the Speaker of the House shall make the initial
	106	+	4. In the event of a vacancy that qualifies for an appointment
	107	+	under subsections 2 o r 3 above, the Speaker of the House and the
	108	+	President Pro Tempore shall have alternating appointment s; provided,
	109	+	however, the Speaker of the House shall make the initial
64	110		appointment.
65		-
66	111		At least one member shall be appointed from each congressional
67	112		district, and at least three of the remaining members sh all be
68	113		experienced in the hor se industry and shall be appointed from the
69	114		state at large. Howeve r, when When congressional districts ar e
70	115		redrawn, each member appointed and confirmed by the Senate, if
71	116		applicable, prior to July 1 of the year in which such modification
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72	143		becomes effective shall complete the current term of office, and
73	144		appointments made and confirmed by the Senate, if applicable , after
74	145		July 1 of the year in which such modific ation becomes effective
75	146		shall be based on the redrawn districts. Appointments made after
76	147		July 1 of the year in which such mod ification becomes effective
77	148		shall be from any redrawn districts which are not represented by a
78	149		board member until such time as eac h of the modified congressional
79	150		districts is represented by a board member.
80		-
81	151		B. To be eligible for appointment to the Commissi on, a person
82	152		shall:
83		-
84	153		1. Be a citizen of the United States;
85		-
86	154		2. Have been a resident of this state for five ( 5) years
87	155		immediately preceding the appointment; and
88		-
89	156		3. Not have been convicted of a f elony pursuant to the laws of
90		-	this state, the laws of any othe r state, or the laws of the United ~~ENR. H. B. NO. 3693 Page 3~~
	157	+	this state, the laws of any othe r state, or the laws of the United
91	158		States as established by a n ational criminal history record check as
92	159		defined by Section 150.9 o f Title 74 of the Oklahoma Statutes.
93		-
94	160		C. The term of office of a member of the Commission shall be
95	161		for six (6) years and until a successor is appointed and qualified.
96		-
97	162		D. The Governor Each appointing authority may remove any member
98	163		of he or she appointed to the Commission for incompetence, neglect
99	164		of duty, or malfeasan ce in office upon first giving the member a
100	165		copy of the charges and an opportunity to be heard. A vacancy on
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101	192		the Commission shall be filled for the unexpired term by app ointment
102	193		made by the Governor appropriate appointing authority.
103		-
104	194		SECTION 2. AMENDATORY 3A O.S. 2021, Section 208.3, is
105	195		amended to read as follows:
106		-
107	196		Section 208.3 A. There is hereby cre ated in the State Treasury
108	197		an agency special account for the Oklahoma Horse Racing Commission,
109	198		to be designated the "Oklahoma Breeding Development Fund Special
110	199		Account". The fund shall be a c ontinuing fund, not subject to
111	200		fiscal year limitations, and shal l consist of all monies received by
112	201		the Commission for deposit in the fund pursuant to Section 205.6 of
113	202		this title and from r evenue received as breakage and from unclaimed
114	203		pari-mutuel tickets. All monies accruing to the credit of the fund
115	204		are hereby appropriated and may be budgeted and expended by th e
116	205		Commission for the purposes specified in subse ction B of this
117	206		section. Expenditures from the fund shall be made upon vouchers
118	207		prescribed by the State Treasurer and issued by the Commission
119	208		against the Oklahoma Breeding Development Fund Special Account. The
120	209		official registering agency designated by t he Commission pursuant to
121	210		subsection D of this section shall verify the current eligibility of
122	211		a participating horse prior to distributing any purse supplement,
123	212		stake, reward or award from the Oklahoma Breedi ng Development Fund
124	213		Special Account. Any person entitled to monies from the Ok lahoma
125	214		Breeding Development Fund Special Account as a purse supplem ent,
126	215		stake, reward, or award (awards), will forfeit such monies if that
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127	242		person fails to comply with all requir ements necessary for earning
128	243		the awards. Further, any such person will forfeit such monies if,
129	244		within one (1) year from the date of the race in w hich such award
130	245		was earned, that person does not submit the stat e voucher for
131	246		payment or for replacement in th e event of an expired voucher, or if
132	247		that person fails to submit all documentat ion required by the
133	248		Oklahoma Horse Racing Commission. In such even t, monies accrued
134		-	from forfeiture will be returned to the Oklaho ma Breeding ~~ENR. H. B. NO. 3693 Page 4~~
	249	+	from forfeiture will be returned to the Oklaho ma Breeding
135	250		Development Fund Special Account f or expenditure by the Commission
136	251		for the purposes specified in subsection B of this section.
137		-
138	252		B. No monies shall be expended by the Commission fro m the
139	253		Oklahoma Breeding Development Fund Special Account except for any of
140	254		the following purposes:
141		-
142	255		1. To provide purse supplements to owners of Oklahoma -bred
143	256		horses;
144		-
145	257		2. To provide stakes and rewards to be paid to the owners of
146	258		the winning Oklahoma-bred horses in certain horse races;
147		-
148	259		3. To provide stallion awards to the owner of the Oklahoma
149	260		stallion which is th e sire of an Oklahoma -bred horse if such a horse
150	261		wins any race conducted at a r ace meeting;
151		-
152	262		4. To provide breeders awards to the owner of the Okl ahoma-
153	263		registered mare which is the dam of an Oklahoma-bred horse if such a
154	264		horse wins any race conducted at a race meeting;
155	265
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156	291		5. To provide monies for equine r esearch through state
157	292		institutions accredited for the same;
158		-
159	293		6. To provide monies for use in marke ting, promoting and
160	294		advertising the Oklahoma-Bred Program and the Oklahoma horse racing
161	295		industry to the people of Oklahoma, the United States and abroad;
162		-
163	296		7. To provide for the administrati on of the Oklahoma Breeding
164	297		Development Program. The Oklahoma Hors e Racing Commission is hereby
165	298		authorized to utilize up to fiftee n percent (15%) of the prior
166	299		year's receipts for administration. All expenses reimbursed as
167	300		administrative pursuant to this subsection shall be itemized and
168	301		audited pursuant to subsection E o f this section. Any monies
169	302		transferred from the Oklahoma Breedi ng Development Fund Special
170	303		Account to the Oklahoma Breeding Development Revolving Fund for
171	304		administrative reimbursement foun d to be unsubstantiated, excessive
172	305		or ineligible for reimbursement by the audit shall be returned to
173	306		the Oklahoma Breeding Developm ent Fund Special Account within thirty
174	307		(30) days of the conclusion of the audit; and
175		-
176	308		8. To provide, upon the request of an o fficial horsemen's
177	309		representative organization for a breed, funding to any nonprofit
178	310		entity that is based in Oklahoma and exempt fr om taxation pursuant
179		-	to the provisions of the United States Internal Revenue Code, 26 ~~ENR. H. B. NO. 3693 Page 5~~
	311	+	to the provisions of the United States Internal Revenue Code, 26
180	312		U.S.C. Section 501(c), for the purpose of providing care of retired
181	313		and unwanted Oklahoma-bred racing stock of the particular breed of
182	314		horse represented by the requesting organization. Provided,
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183	341		however, that no mon ies shall be expended by the Commission for the
184	342		purpose of this paragraph if federal funds are available for the
185	343		same purpose.
186		-
187	344		C. By rule the Comm ission shall:
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189	345		1. Define the term "Oklahoma-bred horse";
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191	346		2. Qualify stallions for participation in Oklahoma -bred
192	347		stallion awards;
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194	348		3. Provide for the regist ration of Oklahoma-domiciled mares and
195	349		stallions and Oklahoma-bred horses. No such horse shall com pete in
196	350		the races limited to Oklahoma-bred horses unless regist ered with the
197	351		Commission. The Commission may prescribe such forms as are
198	352		necessary to determi ne the eligibility of such hors es; provided,
199	353		breeding stallions shall be eligible for registration in the
200	354		Oklahoma-bred breeding program until July 1 of the breed ing year.
201	355		No person shall knowingly prepare o r cause preparation of an
202	356		application for regist ration of such foals which cont ains false
203	357		information;
204		-
205	358		4. Establish a schedule of fees for the reg istration of
206	359		Oklahoma-domiciled mares and stallions and Oklahom a-bred horses
207	360		sufficient to provide for all ex penses incurred in the
208	361		administration of the Okl ahoma Breeding Development Fund Special
209	362		Account;
210		-
211	363		5. Allow a mare registered as Oklahoma -bred racing stock which
212	364		has not been registered as an Oklahoma broodmare prior to foaling to
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213	391		be registered as an Oklaho ma broodmare upon payme nt of the
214	392		registration fee and a late fee not to exceed Two Hundred Dollars
215	393		($200.00), which action shall entitle the foals of the mare to be
216	394		registered as Oklahoma-bred horses, provided all other
217	395		qualifications of the Commission are met; and
218		-
219	396		6. Establish criteria which a nonprof it entity based in
220	397		Oklahoma must meet to be eligible to receive funds for the purpose
221	398		of caring for retired and unwanted Oklahoma-bred racing stock.
222		-
223	399		D. The Commission may contract with and designate an offic ial
224		-	registering agency to implement the registra tion of horses and the ~~ENR. H. B. NO. 3693 Page 6~~
	400	+	registering agency to implement the registra tion of horses and the
225	401		payment of awards from the Oklahoma Breeding Development Fund
226	402		Special Account. The official registering agency shall operate
227	403		under the supervision of the Commission and be subject to t he rules
228	404		and regulations of the Commission. The official registering agency
229	405		shall receive no compensation except fees received for registration
230	406		of horses. In the event the Commission elects to perform as the
231	407		official registering agency rather than contra cting for such
232	408		services, the Commission shall de posit all registration fees fro m
233	409		the registration of Oklahoma-bred horses into the Oklahoma Breedin g
234	410		Development Fund Special Account.
	411	+	SECTION 3. This act shall become effective November 1, 2024.
235	412
236		-	SECTION 3. This act shall become effective November 1, 2024. ENR. H. B. NO. 3693 Page 7
237		-	Passed the House of Representatives the 23rd day of May, 2024.
	413	+	59-2-11116 CMA 05/20/24
238	414
239		-
240		-
241		-	Presiding Officer of the House
242		-	of Representatives
243		-
244		-
245		-
246		-	Passed the Senate the 2 3rd day of May, 2024.
247		-
248		-
249		-
250		-	Presiding Officer of the Senate
251		-
252		-
253		-
254		-	OFFICE OF THE GOVERNOR
255		-	Received by the Office of the Governor this ____________________
256		-	day of ___________________, 20_______, at _______ o'clock _______ M.
257		-	By: _________________________________
258		-	Approved by the Governor of the State of Oklahoma this _____ ____
259		-	day of ___________________, 20_______, at _______ o'clock _______ M.
260		-
261		-
262		-	_________________________________
263		-	Governor of the State of Oklahoma
264		-
265		-	OFFICE OF THE SECRETARY OF STATE
266		-	Received by the Office of the Secretary of State this __________
267		-	day of ___________________, 20_______, at _______ o'clock _______ M.
268		-	By: _________________________________