A. Each organization licensee shall utilize a Horsemen's Bookkeeper who shall, at a minimum, maintain the records and accounts prescribed in this section or in the rules of the Oklahoma Horse Racing Commission. The Horsemen's Bookkeeper may be an employee of the organization licensee, may be employed jointly by two or more organization licensees, or may be an entity which contracts with one or more organization licensees.
B. The records of the Horsemen's Bookkeeper shall include the following:
1. The name, mailing address, social security number or federal tax identification number, and the state or country of residence of each horse owner, trainer, and jockey participating at a race meeting who has funds due or on deposit in a horsemen's account; and
2. All statements of partnerships, syndicates, corporations, assignments of interest, lease agreements, and registrations of authorized agents.
C. All records of the Horsemen's Bookkeeper shall be kept separate from the records of the organization licensee or licensees.
D. All funds on account with the Horsemen's Bookkeeper shall be maintained as follows:
1. In one or more trust accounts which are separate from all accounts of the organization licensee with each designated as a "Horsemen's Trust Account"; and
2. In trust accounts which are fully insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation.
E. 1. The Horsemen's Bookkeeper shall receive, maintain, and disburse the purses of each race and all stakes, entrance money, jockey fees, purchase money in claiming races, along with all applicable taxes and other monies that properly come into the possession of the Horsemen's Bookkeeper.
2. All disbursements pursuant to this subsection shall be made within forty-eight (48) hours of approval by the stewards unless a protest or appeal has been filed with the stewards or the Commission, except that minimum jockey mount fees may be disbursed prior to such approval. All disbursements subject to a protest or appeal shall be made within forty-eight (48) hours of receipt of a dismissal or a final non-appealable order disposing of such protest or appeal.
3. Except as otherwise provided in this subsection and in the absence of a prior request, all disbursements pursuant to this subsection shall be made within fifteen (15) days after the last race day of the race meeting. Disbursements made by the Horsemen's Bookkeeper for an amount less than Fifty Dollars ($50.00) and which remain uncashed after a period of not less than three (3) years may be canceled by the Horsemen's Bookkeeper with the approval of the official horsemen's representative organization and the Oklahoma Horse Racing Commission provided the funds are credited back for use as a payment of purses for participating horses of the same breed.
F. The Horsemen's Bookkeeper may accept, hold, and pay monies due and belonging to other organizations, licensees, or meetings; provided, prompt payment or return shall be made to the person or entity to which it is due.
G. All records of the Horsemen's Bookkeeper shall be subject to inspection and audit by the Commission at any time.
H. The Horsemen's Bookkeeper and the organization licensee or licensees employing the Horsemen's Bookkeeper shall be subject to disciplinary action by the Commission.
I. The Horsemen's Bookkeeper, each organization licensee employing the Horsemen's Bookkeeper, and the managing officers of each organization licensee employing the Horsemen's Bookkeeper, shall be jointly and severally responsible to ensure that the amounts retained from the pari-mutuel handle are distributed according to the Oklahoma Horse Racing Act and the orders and rules of the Commission.
Added by Laws 2010, c. 340, § 5, eff. Nov. 1, 2010. Amended by Laws 2014, c. 27, § 1, eff. Nov. 1, 2014.
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.