§ 3A-282. Organization gaming license fees - Oklahoma Horse Racing Commission Gaming Regulation Revolving Fund - Budgetary limits – Occupation gaming license fees.

A.  The Oklahoma Horse Racing Commission is authorized to charge an application fee of Fifty Thousand Dollars ($50,000.00) to each organization licensee which desires to conduct gaming pursuant to the State-Tribal Gaming Act or which receives any funds as a "recipient licensee" as that term is defined by the State Tribal Gaming Act and desires to conduct pari-mutuel wagering in this state.  Such fee must be paid prior to any organization licensee being authorized by the Oklahoma Horse Racing Commission to conduct gaming pursuant to the State-Tribal Gaming Act.

B.  In addition to the application fee authorized in subsection A of this section and the fees authorized in subsection G of this section, the Oklahoma Horse Racing Commission is hereby authorized to assess a fee upon each organization licensee authorized by the State-Tribal Gaming Act to conduct gaming authorized by the State-Tribal Gaming Act to provide adequate funding to the Oklahoma Horse Racing Commission for the regulation of such gaming in this state.

C.  The assessment authorized by subsection B shall be proportional to the number of player terminals an organization licensee is licensed to operate pursuant to the State-Tribal Gaming Act.

D.  The Commission may provide that each licensee shall pay any assessment levied pursuant to subsection B of this section on a quarterly, semi-annual or annual basis.  Notice of the assessment shall be sent by certified mail, return receipt requested, to each licensee.  Each licensee shall pay the amount assessed to the Commission for deposit to the Oklahoma Horse Racing Commission Gaming Regulation Revolving Fund created in subsection E of this section.  The Commission shall establish the dates by which such assessment shall be due.

E.  The application fee authorized in subsection A of this section and any assessment authorized in subsection B of this section and any fee authorized in subsection G of this section collected by the Commission shall be deposited in the "Oklahoma Horse Racing Commission Gaming Regulation Revolving Fund" hereby created.  The fund shall be a continuing fund not subject to fiscal year limitations and shall consist of the monies received by the Commission from any assessment and fee levied pursuant to the provisions of this section and any other monies designated for deposit thereto.  All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the Commission to pay the costs, both direct and indirect, of the Commission incurred to regulate gaming conducted by an organization licensee pursuant to the State-Tribal Gaming Act.  Expenditures from said fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.

F.  The Legislature shall establish budgetary limits for the regulation of such gaming by the Commission.  For the fiscal year ending June 30, 2005, the total of all assessments levied pursuant to subsection B of this section shall not exceed Two Hundred Fifty Thousand Dollars ($250,000.00).  For subsequent fiscal years, the total of all assessments levied pursuant to this section shall not exceed the amount of the total budgetary limits minus the amount of any monies appropriated by the Legislature for such purpose.

G.  The Oklahoma Horse Racing Commission shall issue occupation gaming licenses and charge to the applicants therefore the related license application fees, investigative fees and fingerprint fees authorized in this subsection.  An occupation gaming license is any of the following gaming licenses issued by the Commission.

Manufacturer License              $10,000.00

Distributor License              $5,000.00

Manufacturer/Distributor License              $10,000.00

Independent Testing Laboratory License              $5,000.00

Vendor License              $500.00

Key Executive License              $250.00

Gaming Employee License              $50.00

Manufacturer, Distributor, or Manufacturer/Distributor Employee License              $50.00

Vendor Employee License              $50.00

Background Investigative fee for the following occupation gaming license categories:

Manufacturer, Distributor, Manufacturer/Distributor, Independent Testing Laboratory, Racetrack Gaming Operator, Key Executive              $50.00 per hour

plus expenses

Background Investigative fee for the following occupation gaming license categories:

Gaming Employee, Vendor Employee              $50.00

Fingerprint fees shall be charged as required by the Oklahoma State Bureau of Investigation and the Federal Bureau of Investigation.

Added by Laws 2004, c. 487, § 1, eff. Nov. 2, 2004.  Amended by Laws 2005, c. 148, § 1, emerg. eff. May 9, 2005; Laws 2012, c. 304, § 25.

Note

NOTE:  Laws 2004, c. 487, § 4 provides:  "This act shall become effective upon certification of election returns favoring passage of the legislative referendum proposed in Senate Bill No. 1252 of the 2nd Session of the 49th Oklahoma Legislature."  State Question No. 712, Legislative Referendum No. 335, was adopted at election held on Nov. 2, 2004.