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§3A-208.3.
§3A-208.3.
A. There is hereby created in the State Treasury an agency special
account for the Oklahoma Horse Racing Commission, to be designated the
"Oklahoma Breeding Development Fund Special Account". The fund shall
be a continuing fund, not subject to fiscal year limitations, and
shall consist of all monies received by the Commission for deposit in
the fund pursuant to Section 205.6 of this title and from revenue
received as breakage and from unclaimed pari-mutuel tickets. All
monies accruing to the credit of said fund are hereby appropriated and
may be budgeted and expended by the Commission for the purposes
specified in subsection B of this section. Expenditures from said fund
shall be made upon vouchers prescribed by the State Treasurer and
issued by the Commission against the Oklahoma Breeding Development
Fund Special Account. Any person entitled to monies from the Oklahoma
Breeding Development Fund Special Account as a purse supplement,
stake, reward, or award, prior to receiving said monies, shall sign an
affidavit stating that the horse involved complies with the
requirements for the purse supplement, stake, reward, or award. Any
person entitled to monies from the Oklahoma Breeding Development Fund
Special Account as a purse supplement, stake, reward, or award
("awards"), will forfeit such monies if that person fails to comply
with all requirements necessary for earning the awards. Further, any
such person will forfeit such monies if, within one (1) year from the
date of the race in which such award was earned, that person does not
submit the state voucher for payment or for replacement in the event
of an expired voucher, or if that person fails to submit all
documentation required by the Oklahoma Horse Racing Commission. In
such event, monies accrued from forfeiture will be returned to the
Oklahoma Breeding Development Fund for expenditure by the Commission
for the purposes specified in subsection B of this section.
B. No monies shall be expended by the Commission from the Oklahoma
Breeding Development Fund Special Account except for any of the
following purposes:
1. To provide purse supplements to owners of Oklahoma-bred horses;
2. To provide stakes and rewards to be paid to the owners of the
winning Oklahoma-bred horses in certain horse races;
3. To provide stallion awards to the owner of the Oklahoma stallion
which is the sire of an Oklahoma-bred horse if such a horse wins any
race conducted at a race meeting;
4. To provide breeders awards to the owner of the Oklahoma-registered
mare which is the dam of an Oklahoma-bred horse if such a horse wins
any race conducted at a race meeting;
5. To provide monies for equine research through state institutions
accredited for the same;
6. To provide monies for use in marketing, promoting and advertising
the Oklahoma-Bred Program and the Oklahoma horse racing industry to
the people of Oklahoma, the United States and abroad; and
7. To provide for the administration of the Oklahoma Breeding
Development Program. The cost of administration of this subsection
shall not exceed five percent (5%) of the prior year's receipts. All
expenses reimbursed as administrative pursuant to this subsection
shall be itemized and audited pursuant to subsection E of this
section. Any monies transferred from the Oklahoma Breeding Development
Fund Special Account to the Oklahoma Breeding Development Revolving
Fund for administrative reimbursement found to be unsubstantiated,
excessive or ineligible for reimbursement by said audit shall be
returned to the Oklahoma Breeding Development Fund Special Account
within thirty (30) days of the conclusion of the audit.
C. By rule the Commission shall:
1. Define the term Oklahoma-bred horse;
2. Qualify stallions for participation in Oklahoma-bred stallion
awards;
3. Provide for the registration of Oklahoma-domiciled mares and
stallions and Oklahoma-bred horses. No such horse shall compete in the
races limited to Oklahoma-bred horses unless registered with the
Commission. The Commission may prescribe such forms as are necessary
to determine the eligibility of such horses; provided, breeding
stallions shall be eligible for registration in the Oklahoma-bred
breeding program until July 1 of the breeding year. No person shall
knowingly prepare or cause preparation of an application for
registration of such foals which contains false information;
4. Establish a schedule of fees for the registration of
Oklahoma-domiciled mares and stallions and Oklahoma-bred horses
sufficient to provide for all expenses incurred in the administration
of the Oklahoma Breeding Development Fund Special Account; and
5. Allow a mare registered as Oklahoma-bred racing stock which has not
been registered as an Oklahoma broodmare prior to foaling to be
registered as an Oklahoma broodmare upon payment of the registration
fee and a late fee not to exceed Two Hundred Dollars ($200.00), which
action shall entitle the foals of the mare to be registered as
Oklahoma-bred horses provided all other qualifications of the
Commission are met.
D. The Commission may contract with and designate an official
registering agency to implement the registration of horses and the
payment of awards from the Oklahoma Breeding Development Fund Special
Account. The official registering agency shall operate under the
supervision of the Commission and be subject to the rules and
regulations of the Commission. The official registering agency shall
receive no compensation except fees received for registration of
horses. In the event the Commission elects to perform as the official
registering agency rather than contracting for such services, the
Commission shall deposit all registration fees from the registration
of Oklahoma-bred horses into the Oklahoma Breeding Development Fund
Special Account.
E. The State Auditor and Inspector shall audit the Oklahoma Breeding
Development Fund Special Account on an annual basis. The expense of
the audit shall be paid from said Special Account.
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