Okla. Stat. tit. 3A, § 3A-240

The Interstate Compact on Licensure of Participants in Live

Horse Racing with Pari-mutuel Wagering is hereby entered into on

behalf of the State of Oklahoma. The Compact provides as follows:

INTERSTATE COMPACT ON LICENSURE OF PARTICIPANTS IN LIVE HORSE RACING

WITH PARI-MUTUEL WAGERING

ARTICLE I. PURPOSES

The purposes of this compact are to:

1. Establish uniform requirements among the party states for

the licensing of participants in live horse racing with pari-mutuel

wagering, and ensure that all such participants who are licensed

pursuant to this compact meet a uniform minimum standard of honesty

and integrity;

2. Facilitate the growth of the horse racing industry in each

party state and nationwide by simplifying the process for licensing

participants in live racing, and reduce the duplicative and costly

process of separate licensing by the regulatory agency in each state

that conducts live horse racing and pari-mutuel wagering;

3. Authorize the Oklahoma Horse Racing Commission to

participate in this compact;

4. Provide for participation in this compact by officials of

the party states, and permit those officials, through the compact

committee established by this compact, to enter into contracts with

governmental agencies and nongovernmental persons to carry out the

purposes of this compact; and

5. Establish the compact committee created by this compact as

an interstate governmental entity duly authorized to request and

receive criminal history record information from the Federal Bureau

of Investigation and other state and local law enforcement agencies.

ARTICLE II. DEFINITIONS

As used in this compact:

1. "Compact committee" means the organization of officials from

the party states that is authorized and empowered by this compact to

carry out the purposes of this compact;

2. "Official" means the appointed, elected, designated, or

otherwise duly selected member of a racing commission or the

equivalent thereof in a party state who represents that party state

as a member of the compact committee;

3. "Participants in live racing" means participants in live

horse racing with pari-mutuel wagering in the party states;

4. "Party state" means each state that has entered this

compact; and

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5. "State" means each of the several states of the United

States, the District of Columbia, the Commonwealth of Puerto Rico,

and each territory or possession of the United States.

ARTICLE III. ENTRY INTO FORCE, ELIGIBLE PARTIES, AND WITHDRAWAL

A. This compact shall come into force when enacted by any four

states. Thereafter, this compact shall become effective as to any

other state upon the enactment of this compact by the state and the

affirmative vote of a majority of the officials on the compact

committee.

B. Any state that has adopted or authorized horse racing with

pari-mutuel wagering shall be eligible to become party to this

compact.

C. Any party state may withdraw from this compact by enacting a

statute repealing this compact, but no such withdrawal shall become

effective until the head of the executive branch of the withdrawing

state has given notice in writing of such withdrawal to the head of

the executive branch of all other party states. If as a result of

withdrawals participation in this compact decreases to less than

three party states, this compact no longer shall be in force and

effect unless and until there are at least three or more party

states again participating in this compact.

ARTICLE IV. COMPACT COMMITTEE

A. There is hereby created an interstate governmental entity to

be known as the "compact committee", which shall be comprised of one

official from the racing commission or its equivalent in each party

state who shall be appointed, serve, and be subject to removal in

accordance with the laws of the party state the official represents.
rticipating in this compact.

ARTICLE IV. COMPACT COMMITTEE

A. There is hereby created an interstate governmental entity to

be known as the "compact committee", which shall be comprised of one

official from the racing commission or its equivalent in each party

state who shall be appointed, serve, and be subject to removal in

accordance with the laws of the party state the official represents.

Pursuant to the laws of the party state, each official shall have

the assistance of the racing commission of the state or the

equivalent thereof in considering issues related to licensing of

participants in live racing and in fulfilling the responsibilities

as the representative from the state of the official to the compact

committee. If an official is unable to perform any duty in

connection with the powers and duties of the compact committee, the

racing commission or equivalent thereof from the state shall

designate another of its members as an alternate who shall serve and

represent the party state as its official on the compact committee

until that racing commission or equivalent thereof determines that

the original representative official is able once again to perform

the duties as that party state's representative official on the

compact committee. The designation of an alternate shall be

communicated by the affected state's racing commission or equivalent

thereof to the compact committee as the committee's bylaws may

provide.

B. In order to carry out the purposes of this compact, the

compact committee is hereby granted the power and duty to:

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1. Determine which categories of participants in live racing,

including but not limited to owners, trainers, jockeys, grooms,

mutuel clerks, racing officials, veterinarians, and farriers, should

be licensed by the committee, and establish the requirements for the

initial licensure of applicants in each such category, the term of

the license for each category, and the requirements for renewal of

licenses in each category. However, with regard to requests for

criminal history record information on each applicant for a license,

and with regard to the effect of a criminal record on the issuance

or renewal of a license, the compact committee shall determine for

each category of participants in live racing which licensure

requirements for that category are, in its judgment, the most

restrictive licensure requirements of any party state for that

category and shall adopt licensure requirements for that category

that are, in its judgment, comparable to those most restrictive

requirements;

2. Investigate applicants for a license from the compact

committee and, as permitted by federal and state law, gather

information on such applicants, including criminal history record

information from the Federal Bureau of Investigation and relevant

state and local law enforcement agencies, and, where appropriate,

from the Royal Canadian Mounted Police and law enforcement agencies

of other countries, necessary to determine whether a license should

be issued under the licensure requirements established by the

committee as provided in paragraph 1 of this subsection. Only

officials on, and employees of, the compact committee may receive

and review such criminal history record information, and those

officials and employees may use that information only for the

purposes of this compact. No such official or employee may disclose

or disseminate such information to any person or entity other than

another official on or employee of the compact committee. The

fingerprints of each applicant for a license from the compact

committee shall be taken by the compact committee, its employees, or

its designee and, pursuant to Public Law 92-544 or Public Law 100-

413, shall be forwarded to a state identification bureau, or to the

Association of Racing Commissioners, International, an association
another official on or employee of the compact committee. The

fingerprints of each applicant for a license from the compact

committee shall be taken by the compact committee, its employees, or

its designee and, pursuant to Public Law 92-544 or Public Law 100-

413, shall be forwarded to a state identification bureau, or to the

Association of Racing Commissioners, International, an association

of state officials regulating pari-mutuel wagering designated by the

Attorney General of the United States, for submission to the Federal

Bureau of Investigation for a criminal history record check. Such

fingerprints may be submitted on a fingerprint card or by electronic

or other means authorized by the Federal Bureau of Investigation or

other receiving law enforcement agency;

3. Issue licenses to, and renew the licenses of, participants

in live racing listed in paragraph 1 of this subsection who are

found by the committee to have met the licensure and renewal

requirements established by the committee. The compact committee

shall not have the power or authority to deny a license. If it

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determines that an applicant will not be eligible for the issuance

or renewal of a compact committee license, the compact committee

shall notify the applicant that it will not be able to process the

application further. Such notification does not constitute and

shall not be considered to be the denial of a license. Any such

applicant shall have the right to present additional evidence to,

and to be heard by, the compact committee, but the final decision on

issuance or renewal of the license shall be made by the compact

committee using the requirements established pursuant to paragraph 1

of this subsection;

4. Enter into contracts or agreements with governmental

agencies and with nongovernmental persons to provide personal

services for its activities and such other services as may be

necessary to effectuate the purposes of this compact;

5. Create, appoint, and abolish those offices, employments, and

positions, including an executive director, as it deems necessary

for the purposes of this compact, prescribe their powers, duties,

and qualifications, hire persons to fill those offices, employments,

and positions, and provide for the removal, term, tenure,

compensation, fringe benefits, retirement benefits, and other

conditions of employment of its officers, employees, and other

positions;

6. Borrow, accept, or contract for the services of personnel

from any state, the United States, or any other governmental agency,

or from any person, firm, association, corporation, or other entity;

7. Acquire, hold, and dispose of real and personal property by

gift, purchase, lease, license, or in other similar manner, in

furtherance of the purposes of this compact;

8. Charge a fee to each applicant for an initial license or

renewal of a license; and

9. Receive other funds through gifts, grants, and

appropriations.

C. Each official shall be entitled to one vote on the compact

committee.

D. All action taken by the compact committee with regard to the

addition of party states, the licensure of participants in live

racing, and the receipt and disbursement of funds shall require a

majority vote of the total number of officials or their alternates

on the committee. All other action by the compact committee shall

require a majority vote of those officials or their alternates

present and voting.

E. No action of the compact committee may be taken unless a

quorum is present. A majority of the officials or their alternates

on the compact committee shall constitute a quorum.

F. The compact committee shall elect annually from among its

members a chair, a vice-chair, and a secretary/treasurer.

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G. The compact committee shall adopt bylaws for the conduct of
t committee may be taken unless a

quorum is present. A majority of the officials or their alternates

on the compact committee shall constitute a quorum.

F. The compact committee shall elect annually from among its

members a chair, a vice-chair, and a secretary/treasurer.

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G. The compact committee shall adopt bylaws for the conduct of

its business by a two-thirds vote of the total number of officials or

their alternates on the committee at that time and shall have the

power by the same vote to amend and rescind these bylaws. The

committee shall publish its bylaws in convenient form and shall file

a copy thereof and a copy of any amendments thereto with the

Secretary of State or equivalent agency of each of the party states.

H. The compact committee may delegate the day-to-day management

and administration of its duties and responsibilities to an

executive director and support staff.

I. Employees of the compact committee shall be considered

governmental employees.

J. No official of a party state or employee of the compact

committee shall be held personally liable for any good-faith act or

omission that occurs during the performance and within the scope of

responsibilities and duties under this compact.

ARTICLE V. RIGHTS AND RESPONSIBILITIES

OF EACH PARTY STATE

A. By enacting this compact, each party state:

1. Agrees to accept the decisions of the compact committee

regarding the issuance of compact committee licenses to participants

in live racing pursuant to the committee's licensure requirements,

and agrees to reimburse or otherwise pay the expenses of its

official representative on the compact committee or an alternate;

2. Agrees not to treat a notification to an applicant by the

compact committee that the compact committee will not be able to

process the application further as the denial of a license, or to

penalize such an applicant in any other way based solely on such a

decision by the compact committee; and

3. Reserves the right to charge a fee for the use of a compact

committee license in that state, to apply its own standards in

determining whether, on the facts of a particular case, a compact

committee license should be suspended or revoked, to apply its own

standards in determining licensure eligibility, under the laws of

that party state, for categories of participants in live racing that

the compact committee determines not to license and for individual

participants in live racing who do not meet the licensure

requirements of the compact committee, and to establish its own

licensure standards for the licensure of nonracing employees at

horse racetracks and employees at separate satellite wagering

facilities. Any party state that suspends or revokes a compact

committee license shall, through its racing commission or the

equivalent thereof or otherwise, promptly notify the compact

committee of that suspension or revocation.

B. No party state shall be held liable for the debts or other

financial obligations incurred by the compact committee.

ARTICLE VI. CONSTRUCTION AND SEVERABILITY

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This compact shall be liberally construed so as to effectuate

its purposes. The provisions of this compact shall be severable,

and, if any phrase, clause, sentence, or provision of this compact

is declared to be contrary to the Constitution of the United States

or of any party state, or the applicability of this compact to any

government, agency, person, or circumstance is held invalid, the

validity of the remainder of this compact and the applicability

thereof to any government, agency, person, or circumstance shall not

be affected thereby. If all or some portion of this compact is held

to be contrary to the constitution of any party state, the compact

shall remain in full force and effect as to the remaining party
overnment, agency, person, or circumstance is held invalid, the

validity of the remainder of this compact and the applicability

thereof to any government, agency, person, or circumstance shall not

be affected thereby. If all or some portion of this compact is held

to be contrary to the constitution of any party state, the compact

shall remain in full force and effect as to the remaining party

states and in full force and effect as to the state affected as to

all severable matters.