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§3A-205.6.
§3A-205.6.
A. Any organization licensee conducting a race meeting may provide
places on the race meeting grounds at which it may conduct and
supervise the pari-mutuel system of wagering on the horse races
conducted by the organization licensee at the race meeting. No other
place or method of betting, pool making, wagering, or gambling shall
be used or permitted by the organization licensee. The pari-mutuel
system of wagering shall be permitted only on horse races conducted at
a racetrack where such pari-mutuel system of wagering is authorized
pursuant to the provisions of the Oklahoma Horse Racing Act.
B. Except as provided in subsection E of this section, each
organization licensee that holds a race meeting at which the
pari-mutuel system of wagering is conducted shall retain an amount
equal to eighteen percent (18%) of all money wagered, to be
distributed as follows:
1. The first One Hundred Million Dollars ($100,000,000.00) wagered per
calendar year for each type of racing shall be distributed as follows
provided, that all racing dates exclusively for Thoroughbred racing in
a calendar year shall be combined for the purpose of computing
taxation rates and all racing dates for mixed racing and all other
individual breeds in a calendar year shall be combined but considered
separate from Thoroughbred racing for the purpose of computing
taxation rates:
a. One-ninth (1/9) of the eighteen percent (18%) shall be remitted to
the Oklahoma Tax Commission on the first business day following the
close of the racing day on which it was assessed. One hundred percent
(100%) of the revenue derived pursuant to the provisions of this
paragraph shall be apportioned monthly to the General Revenue Fund of
the state for the support of the state government, to be paid out only
pursuant to appropriation by the Legislature; and
b. Five-ninths (5/9) of the eighteen percent (18%) shall be retained
by the organization licensee; and
c. One-third (1/3) of the eighteen percent (18%) shall be retained by
the organization licensee to be distributed as purses for
participating horses.
2. All money wagered per calendar year for each type of racing in
excess of One Hundred Million Dollars ($100,000,000.00) but not to
exceed One Hundred Fifty Million Dollars ($150,000,000.00) shall be
distributed as follows provided, that all racing dates exclusively for
Thoroughbred racing in a calendar year shall be combined for the
purpose of computing taxation rates and all racing dates for mixed
racing and all other individual breeds in a calendar year shall be
combined but considered separate from Thoroughbred racing for the
purpose of computing taxation rates:
a. One-ninth (1/9) of the eighteen percent (18%) shall be remitted to
the Oklahoma Tax Commission on the first business day following the
close of the racing day on which it was assessed. One hundred percent
(100%) of the revenue derived pursuant to the provisions of this
paragraph shall be apportioned monthly to the General Revenue Fund of
the state for the support of the state government, to be paid out only
pursuant to appropriation by the Legislature; and
b. Four-ninths (4/9) of the eighteen percent(18%) shall be retained by
the organization licensee; and
c. One-third (1/3) of the eighteen percent (18%) shall be retained by
the organization licensee to be distributed as purses for
participating horses; and
d. One-ninth (1/9) of the eighteen percent (18%) shall be retained by
the organization licensee to be distributed as follows:
(1) seventy-five percent (75%) as purses for participating horses, and
(2) twenty-five percent (25%) shall be remitted to the Commission, at
such intervals as required by the Commission, for deposit in the
Oklahoma Breeding Development Fund Special Account.
3. All money wagered per calendar year for each type of racing in
excess of One Hundred Fifty Million Dollars ($150,000,000.00) shall be
distributed as follows provided, that all racing dates exclusively for
Thoroughbred racing in a calendar year shall be combined for the
purpose of computing taxation rates and all racing dates for mixed
racing and all other individual breeds in a calendar year shall be
combined but considered separate from Thoroughbred racing for the
purpose of computing taxation rates:
a. One-ninth (1/9) of the eighteen percent (18%) shall be remitted to
the Oklahoma Tax Commission on the first business day following the
close of the racing day on which it was assessed. One hundred percent
(100%) of the revenue derived pursuant to the provisions of this
paragraph shall be apportioned monthly to the General Revenue Fund of
the state for the support of the state government, to be paid out only
pursuant to appropriation by the Legislature; and
b. One-third (1/3) of the eighteen percent (18%) shall be retained by
the organization licensee; and
c. One-third (1/3) of the eighteen percent (18%) shall be retained by
the organization licensee to be distributed as purses for
participating horses; and
d. Two-ninths (2/9) of the eighteen percent (18%) shall be retained by
the organization licensee to be distributed as follows:
(1) seventy-five percent (75%) as purses for participating horses, and
(2) twenty-five percent (25%) shall be remitted to the Commission, at
such intervals as required by the Commission, for deposit in the
Oklahoma Breeding Development Fund Special Account.
C. Notwithstanding any other provisions of this act, the state shall
collect six percent (6%) of the total amount wagered under the
provisions of this act at such time the organization licensee has no
further debt service.
D. In addition to the amount required to be retained by the provisions
of subsection B of this section, each organization licensee holding a
race meeting at which the pari-mutuel system of wagering is conducted
shall retain an additional amount equal to two percent (2%) of all
money wagered on multiple race wagers involving not to exceed three
races and on multiple horse wagers in the same race.
Such amount shall be retained by the organization licensee to be
distributed as follows:
1. Seventy-five percent (75%) as purses for participating horses; and
2. Twenty-five percent (25%) shall be remitted to the Commission, at
such intervals or required by the Commission, for deposit in the
Oklahoma Breeding Development Fund Special Account.
E. Each organization licensee shall retain an amount equal to
twenty-five percent (25%) of all money wagered on multiple race wagers
involving more than three races, to be distributed as follows:
1. Two twenty-fifths (2/25) of the twenty-five percent (25%) shall be
remitted to the Oklahoma Tax Commission on the first business day
following the close of the racing day on which it was assessed. The
revenue shall be apportioned monthly to the General Revenue Fund of
the state for the support of the state government, to be paid out only
pursuant to appropriation by the Legislature; and
2. Two-fifths (2/5) of the twenty-five percent (25%) shall be retained
by the organization licensee; and
3. Eight twenty-fifths (8/25) of the twenty-five percent (25%) shall
be retained by the organization licensee to be distributed as purses
for participating horses; and
4. One-fifth (1/5) of the twenty-five percent (25%) shall be retained
by the organization licensee to be distributed as follows:
a. Seventy-five percent (75%) as purses for participating horses; and
b. Twenty-five percent (25%) shall be remitted to the Commission, at
such intervals as required by the Commission, for deposit in the
Oklahoma Breeding Development Fund Special Account.
F. Organization licensees shall keep accurate books and records of all
moneys wagered on each day of a race meeting and of the taxes paid
pursuant to the provisions of this section. The Oklahoma Tax
Commission or an authorized representative shall have access at all
reasonable times to such records for the purpose of examining and
checking the records and ascertaining whether the proper amount of
taxes is being paid. The Oklahoma Tax Commission shall require
verified reports and a statement of the total of all moneys wagered
daily at a race meeting and may prescribe forms upon which such
reports and statement shall be made. The organization licensee shall
provide the Oklahoma Tax Commission with such space and accommodations
as may be necessary for the Oklahoma Tax Commission to implement its
duties pursuant to the provisions of the Oklahoma Horse Racing Act.
G. No revenue bonds issued by a public trust, as authorized by the
provisions of Title 62 of the Oklahoma Statutes, shall be used to
finance any racetrack or racing facility.
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