Okla. Stat. tit. 3, § 3-304 — OK Code / Title 3 / Section 3-304
Refusal to submit to testing
Status: in_force

A. If a conscious person under arrest refuses to submit to

testing of his or her blood or breath for the purpose of determining

the alcohol concentration thereof, or to a test of his or her blood,

saliva or urine for the purpose of determining the concentration of

any intoxicant, none shall be given, unless the investigating

officer has probable cause to believe that the person under arrest,

while intoxicated, has operated an aircraft in such a manner as to

have caused the death or serious physical injury of any other person

or persons. In such event, such test otherwise authorized by law

may be made in the same manner as if a search warrant had been

issued for such test or tests. The sample shall be taken in a

medically acceptable manner at a hospital or other suitable health

care facility.

B. Any refusal by a conscious person to submit to testing shall

be reported to the Federal Aviation Administration Flight Standards

District Office having jurisdiction over the county in which the

alleged violation of Section 1 of this act occurred.
Okla. Stat. tit. 3, § 3-254.5 — OK Code / Title 3 / Section 3-254.5
Private right of action - Damages - Applicability -
Status: in_force

Effect on multiple contracts - Dealer.

A. Any dealer harmed by the failure of a manufacturer to comply

with Section 254.3 or 254.4 of this title shall be entitled to bring

a private right of action against the manufacturer for the recovery

of the fair market value of the business affected and to recover

treble actual and special damages, and such other relief to which it

may be entitled at law or in equity. The dealer shall be entitled

to recover its reasonable attorney fees and all expenses and costs

incurred due to the private right of action if the dealer prevails.

In addition, if a manufacturer commits an act prohibited by Section

Oklahoma Statutes - Title 3. Aircraft and Airports Page 93

254.3 or 254.4 of this title, the manufacturer shall purchase from

the affected dealer the following items at the following prices:

1. All aircraft in the inventory of the dealer of aircraft held

for resale at the fair market value; and

2. All parts and supplies acquired by the dealer from the

manufacturer which are in the inventory of the dealer at the time of

the violation of the manufacturer at the current price list amounts

of the manufacturer; and

3. All equipment and specialty tools owned by the dealer and

purchased from the manufacturer for use in the sale, service, or

maintenance of the aircraft manufactured or sold to the dealer by

the manufacturer at the fair market value. If any items are

encumbered or subject to any outstanding financing statement, the

payments shall be made jointly to the dealer and the secured party

to the extent of their respective interests. If any items are

leased by the dealer, the manufacturer shall assume all future

obligations under the lease.

B. This section shall apply only to agreements between dealers

and manufacturers in effect prior to July 1, 2007, and all

revisions, modifications, extensions, amendments and replacements of

such agreements.

C. If the relationship between a manufacturer and a dealer is

set forth in more than one contract or agreement, then the revision,

modification, amendment, replacement, cancellation, termination, or

failure to renew of one or more such contracts or agreements shall

not deny the dealer a right of action under this section for any

acts by the manufacturer relating to the remaining contracts.

D. Any entity meeting the definition of “dealer” provided in

paragraph 2 of Section 254.2 of this title shall continue to be

considered a dealer for the purposes of this section and Sections

254.3, 254.4 and 254.6 of this title notwithstanding that any such

agreement or portion thereof is terminated, cancelled, or not

renewed by the manufacturer.
Okla. Stat. tit. 3A, § 3A-426 — OK Code / Title 3A / Section 3A-426
Bingo faces, game sets, or breakopen ticket cards declared
Status: in_force

contraband - Confiscation, forfeiture, and destruction.

A. On and after January 1, 1993, any bingo faces, U-PIK-EM

bingo game sets, or breakopen ticket cards that are not purchased

from a licensed distributor are declared to be contraband, unless

such items are:

Oklahoma Statutes - Title 3A. Amusements and Sports Page 143

1. Purchased by an exempt organization, exempt hospital,

nursing home, residential care facility, senior citizens' center,

retirement center or convalescent facility;

2. Purchased by a federally recognized Indian tribe or nation;

or

3. Sold or given by a licensed organization to another licensed

organization, an exempt organization, or exempt hospital, nursing

home, residential care facility, senior citizens' center, retirement

center or convalescent facility, if written permission is obtained

from the Director of the ABLE Commission and proper notification is

given to the Oklahoma Tax Commission.

B. On and after January 1, 1993, any bingo faces, U-PIK-EM

bingo game sets, or breakopen ticket cards sold or offered for sale

by a business entity which is not a licensed distributor is declared

to be contraband.

C. Any bingo faces, U-PIK-EM bingo game sets, or breakopen

ticket cards which were not in the possession of an organization or

business entity on December 31, 1992, on which the taxes have not

been paid are declared to be contraband unless the items are being

transported through this state from another state to be sold or

distributed in another state.

D. On and after January 1, 1993, any bingo faces, U-PIK-EM

bingo game sets, or breakopen ticket cards in the possession of an

organization or business entity which has not been licensed or

obtained an exemption pursuant to the Oklahoma Charity Games Act,

Section 401 et seq. of this title, shall be declared contraband.

E. Such contraband shall be subject to confiscation,

forfeiture, and destruction in the following manner:

1. The Commission, its agent, or the district attorney of the

county wherein the alleged contraband is located shall seize any

such item and maintain it for safekeeping pending a final

adjudication of the legality of the sale or purchase;

2. The Commission, its agent, or the district attorney seizing

the alleged contraband shall apply to the district court for an

order forfeiting the alleged contraband and directing its

destruction;

3. The court clerk shall give the owner of the alleged

contraband fourteen (14) calendar days' written notice of the

hearing on the request for the order for destruction; and

4. Upon obtaining an order from the court ordering destruction,

the Commission or the district attorney shall destroy the contraband

in the manner they deem most appropriate.
Okla. Stat. tit. 3, § 3-503 — OK Code / Title 3 / Section 3-503
Oklahoma Aircraft and Rocket Engine Testing Development
Status: in_force

Grant Program Revolving Fund.

There is hereby created in the State Treasury a revolving fund

for the Oklahoma Department of Aerospace and Aeronautics to be

designated the “Oklahoma Aircraft and Rocket Engine Testing

Development Grant Program Revolving Fund”. The fund shall be a

continuing fund, not subject to fiscal year limitations, and shall

consist of all monies received by the Department from all monies

received by any public or private donations, contributions, and

gifts received for the benefit of the fund, and any amounts

Oklahoma Statutes - Title 3. Aircraft and Airports Page 125

appropriated by the Legislature, provided for the purpose of funding

grants as provided in the Oklahoma Aircraft and Rocket Engine

Testing Development Grant Program. All monies accruing to the

credit of the fund are hereby appropriated and may be budgeted and

expended by the Department for the purpose provided for in the

Oklahoma Aircraft and Rocket Engine Testing Development Grant

Program. Expenditures from the 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.
Okla. Stat. tit. 3, § 3-511 — OK Code / Title 3 / Section 3-511
Short title — Oklahoma Space Industry Development Act
Status: in_force

This act shall be known and may be cited as the “Oklahoma Space

Industry Development Act”.
Okla. Stat. tit. 3, § 3-81 — OK Code / Title 3 / Section 3-81
Short title — Oklahoma Department of Aerospace and
Status: in_force

Aeronautics Act.

This act shall be known and may be cited as the “Oklahoma

Department of Aerospace and Aeronautics Act.”
Okla. Stat. tit. 3, § 3-120.12 — OK Code / Title 3 / Section 3-120.12
Violation of act - Fine
Status: in_force

Each violation of the Aircraft Pilot and Passenger Protection

Act, or rulings promulgated by the Commission pursuant to this act,

shall constitute a misdemeanor punishable by a fine of not more than

Five Hundred Dollars ($500.00). Each day that such a violation or

failure continues constitutes a separate offense. In addition, the

Commission may institute in any court of general jurisdiction, an

action to prevent, restrain, correct, or abate any violation of this

act, or any rules adopted or orders issued by the Commission

pursuant to this act. The court may grant such relief, by way of

injunction, which may be mandatory, or otherwise, as may be

necessary under this act and the applicable rules or orders of the

Commission issued under this act.
Okla. Stat. tit. 3, § 3-85v3 — OK Code / Title 3 / Section 3-85v3
Powers and duties of Department
Status: in_force

A. The Oklahoma Department of Aerospace and Aeronautics and its

Director acting under its authority is empowered and directed to

encourage, foster, and assist in the development of aerospace and

aeronautics in this state and to encourage the establishment of

airports and air navigation facilities. It shall cooperate with and

assist the federal government, the municipalities of this state, and

other persons in the development of aerospace and aeronautics, and

shall seek to coordinate the aeronautical activities of these bodies

and persons. Municipalities are authorized to cooperate with the

Department in the development of aeronautics and aeronautical

facilities in this state.

B. The Department may organize and administer an aerospace and

aviation education program in cooperation with the schools,

colleges, and for the general public, and may prepare and conduct

voluntary flight clinics for airmen and issue such bulletins and

publications as may be required. This program shall be known and

may be cited as the “AeroSPACE Program” or “Aero Student Pathways

for Aerospace Careers and Education”. This program shall be a

partnership with primary, secondary, career technology, and higher

education providers to respond to the workforce needs of the

Oklahoma Statutes - Title 3. Aircraft and Airports Page 53

aviation and aerospace industry by promoting and organizing quality

curriculum, enhanced classroom instruction, and research-based

educational programs. The AeroSPACE Program shall collaborate with

industry and act as the facilitator for the collection and sharing

of information, development and implementation of activities, and

the dissemination of resources concerning aerospace education with

the primary goal being to establish a common statewide strategy for

implementing aerospace educational curriculum initiatives to better

prepare students for an aviation and aerospace career. The Oklahoma

Aeronautics Commission may employ established program processes or

contract with other qualified entities to operate the AeroSPACE

Program. The Oklahoma Aeronautics Commission may accept funding

that includes, but is not limited to, donations, contractual

arrangements, in-kind services, federal or state appropriations, and

grants.

C. The Department shall assist in all aeronautical matters

related to emergency management actions in conformance with federal

directions and with the Emergency Operations Plan of the state.

D. The Department may establish air markers throughout the

state.

E. The Department may purchase and install roadside signs

directing highway traffic to airports, subject to approval of the

State Transportation Commission.

F. The Department shall:

1. Draft and recommend necessary legislation to advance the

interests of the state in aerospace and aeronautics;

2. Represent the state in aeronautical matters before federal

agencies and other state agencies; and

3. Participate as party plaintiff or defendant or as intervener

on behalf of the state or any municipality or citizen thereof in any

proceeding which involves the interest of the state in aerospace or

aeronautics.

G. 1. The Department shall develop and adopt a five-year

Airport Construction Program on an annual basis which lists federal

and state funding that the Department has available for the

development of airport infrastructure. In addition, the Department

shall adopt a statewide airport system plan on a regular basis which

details the twenty-year planning horizon for publicly owned, public-

use airports and sets the service level, role, and functional

classification of airports within the Oklahoma Airport System. The

system plan will be made available to the public and shall serve as

the Department’s official document which guides the programming of

public funds for airport infrastructure. An airport must be

included in the system plan to be eligible for funding.

2. The development of the five-year Airport Construction

Program shall begin with supporting and achieving the goals laid out

in the statewide airport system plan and will be guided by the air

Oklahoma Statutes - Title 3. Aircraft and Airports Page 54

transportation needs and priorities of airports within the system.

The basic goals within the system plan include, but are not limited

to, airport safety, security, infrastructure preservation and

sustainment, economic enhancement, capacity, meeting Federal

Aviation Administration (FAA) or Department standards, and pro-

growth development.

3. The Department shall involve public input during the

development of the five-year Airport Construction Program each year

and coordinate and receive input from the airports within the

statewide airport system plan.

4. The Department shall set realistic project delivery

schedules across the five-year window of the Airport Construction

Program to maintain the integrity of the Program and to minimize air

transportation disruptions.

H. 1. The Department may, insofar as is reasonably possible,

make available its engineering and other technical services to any

municipality or person desiring them in connection with the

planning, acquisition, construction, improvement, maintenance, or

operation of airports or navigation facilities.

2. The Department may render financial assistance by grant or

loan or both to any municipality or municipalities acting jointly in

the planning, acquisition, construction, improvement, maintenance,

or operation of an airport owned or controlled, or to be owned or

controlled, by such municipality or municipalities, out of

appropriations or other monies made available by the Legislature for

such purposes. Such financial assistance may be furnished in

connection with federal or other financial aid for the same

purposes. A project must have been included in the five-year

Airport Construction Program and be at an airport that is included

in the most current version of the statewide airport system plan to

receive financial assistance.

3. The Department shall be designated as the agent of this

state or political subdivision of this state for the purpose of

applying for, receiving, administering, and disbursing federal funds

and other public monies for the benefit of general aviation

airports, except reliever airports, as may be available under

applicable federal law or other laws. If requested by a political

subdivision, the Department may act as its or their agent in

contracting for and supervising such planning, acquisition,

construction, improvement, maintenance, or operation; and all

political subdivisions are authorized to designate the Department as

their agent for the foregoing purposes. The Department, as

principal on behalf of the state, may enter into any contracts with

the United States or with any person, which may be required in

connection with a grant or loan of federal monies for municipal

airport or air navigation facility purposes. All federal monies

accepted under this section shall be accepted and transferred or

Oklahoma Statutes - Title 3. Aircraft and Airports Page 55

expended by the Department upon such terms and conditions as are

prescribed by the United States. All monies received by the

Department pursuant to this section shall be deposited in the

Oklahoma Department of Aerospace and Aeronautics Revolving Fund in

the State Treasury and shall be paid out by the Department in

accordance with the terms and conditions of any agreement entered

into under the provisions of this section.

I. 1. The Department is authorized on behalf of and in the

name of the state, out of appropriations and other monies made

available for such purposes, to plan, zone, establish, construct,

enlarge, improve, maintain, equip, operate, regulate, protect, and

police airports and air navigation facilities, either within or

without the state, including the construction, installation,

equipping, maintenance, and operation at such airports of buildings

and other facilities for the servicing of aircraft or for the

comfort and accommodation of air travelers. However, the regulatory

authority shall not extend to any airman employed by, nor to any

aeronautics facility or aircraft under the exclusive possession,

operation, or control of, a person holding a certificate of public

convenience and necessity issued by any agency of the United States

to operate as a common carrier by air of persons and/or property in

interstate commerce. For such purposes the Department may, by

purchase, gift, devise, or lease, acquire property, real or

personal, or any interest therein including easements in

aeronautical hazards or land outside the boundaries of an airport or

airport site, as are necessary to permit safe and efficient

operation of the state airports or to permit the removal,

elimination, obstruction-marking or obstruction-lighting of airport

hazards, or to prevent the establishment of airport hazards. In

like manner the Department may acquire existing airports and air

navigation facilities. However, the Department shall not acquire or

take over any airport or air navigation facility owned or controlled

by a municipality of this or any other state without the consent of

such municipality. The Department may, by sale, lease, or

otherwise, dispose of any such property, airport, air navigation

facility, or portion thereof or interest therein. The disposal, by

sale, lease, or otherwise, shall be in accordance with the laws of

this state governing the disposition of other property of the state,

except that, in the case of disposals to any municipality or state

government or the United States for aeronautical purposes incident

thereto, the sale, lease, or other disposal may be effected in such

manner and upon such terms as the Department may deem in the best

interest of the state.

2. All airports owned by the state shall be within the primary

jurisdiction of the Oklahoma Department of Aerospace and Aeronautics

for purposes of design, development, and operation; provided, that

airports owned and operated by the Oklahoma Space Industry

Oklahoma Statutes - Title 3. Aircraft and Airports Page 56

Development Authority shall be exempt from such provisions, and

during the time of a national emergency, the Air National Guard

shall be exempt from such provisions, and provided further, that any

airport owned by the state may be leased by the Department to a

public or private agency, as it may deem fit.

3. Nothing contained in the Oklahoma Department of Aerospace

and Aeronautics Act shall be construed to limit any right, power, or

authority of the state or a municipality to regulate airport hazards

by zoning.

4. The Department may exercise any powers granted by this

section jointly with any municipalities or with the United States.

5. a. In operating an airport or air navigation facility

owned or controlled by the state, the Department may

enter into contracts, leases, and other arrangements

for a term not exceeding twenty-five (25) years with

any persons granting the privilege of using or

improving such airport or air navigation facility or

any portion or facility thereof or space therein for

commercial purposes; conferring the privilege of

supplying goods, commodities, things, services, or

facilities at such airport or air navigation facility;

or making available services to be furnished by the

Department or its agents at such airport or air

navigation facility.

In each such case the Department may establish the

terms and conditions and fix the charges, rentals, or

fees for the privileges or services, which shall be

reasonable and uniform for the same class of

privileges or services and shall be established with

due regard to the property and improvements used and

the expenses of operation to the state; provided, that

in no case shall the public be deprived of its

rightful, equal, and uniform use of the airport, air

navigation facility or portion or facility thereof.

b. The Department may by contract, lease, or other

arrangement, upon a consideration fixed by it, grant

to any qualified person for a term not to exceed

twenty-five (25) years the privilege of operating, as

agent of the state or otherwise, any airport owned or

controlled by the state; provided, that no such person

shall be granted any authority to operate the airport

other than as a public airport or to enter into any

contracts, leases, or other arrangements in connection

with the operation of the airport which the Department

might not have undertaken under subparagraph a of this

paragraph.

Oklahoma Statutes - Title 3. Aircraft and Airports Page 57

c. To enforce the payment of any charges for repairs to,

or improvements, storage, or care of, any personal

property made or furnished by the Department or its

agents in connection with the operation of an airport

or air navigation facility owned or operated by the

state, the state shall have liens on such property,

which shall be enforceable by the Department as

provided by law.

6. In accepting federal monies under this section, the

Department shall have the same authority to enter into contracts on

behalf of the state as is granted to the Department under paragraph

3 of subsection H of this section with respect to federal monies

accepted on behalf of municipalities. All monies received by the

Department pursuant to this section shall be deposited in the

Oklahoma Department of Aerospace and Aeronautics Revolving Fund in

the State Treasury and shall be paid out of the Department Fund in

accordance with the terms and conditions of any agreement entered

into under the provisions of this section.

7. The Department shall grant no exclusive right for the use of

any airport or air navigation facility under its jurisdiction. This

shall not be construed to prevent the making of contracts, leases,

and other arrangements pursuant to paragraph 5 of this subsection.

J. The Department may enter into any contracts necessary to the

execution of the powers granted it by the Oklahoma Department of

Aerospace and Aeronautics Act. All contracts made by the

Department, either as the agent of the state or as the agent of any

municipality, shall be made pursuant to the laws of the state

governing the making of like contracts. When the planning,

acquisition, construction, improvement, maintenance, or operation of

any airport or air navigation facility is financed wholly or

partially with federal monies, the Department as agent of the state

or of any municipality may let contracts in the manner prescribed by

the federal authorities acting under the laws of the United States

and any rules or regulations made thereunder.

K. 1. The Commission, the Director, or any officer or employee

of the Department designated by it shall have the power to hold

investigations, inquiries, and hearings concerning matters covered

by the provisions of the Oklahoma Department of Aerospace and

Aeronautics Act and the rules, regulations, and orders of the

Department. Hearings shall be open to the public and shall be held

upon such call or notice as the Commission shall deem advisable.

Each member of the Commission, the Director, and every officer or

employee of the Department designated by it to hold any inquiry,

investigation, or hearing shall have the power to administer oaths

and affirmations, certify to all official acts, issue subpoenas, and

order the attendance and testimony of witnesses and the production

of papers, books, and documents. In case of the failure of any

Oklahoma Statutes - Title 3. Aircraft and Airports Page 58

person to comply with any subpoena or order issued under the

authority of this subsection, or on the refusal of any witness to

testify to any matters regarding which he may be lawfully

interrogated, it shall be the duty of the district court of any

county or of the judge thereof, on application of the Department or

its authorized representative, to compel obedience by proceedings

for contempt, as in the case of disobedience of the requirements of

a subpoena issued from such court or a refusal to testify therein.

2. In order to facilitate the making of investigations by the

Department in the interest of public safety and promotion of

aeronautics the public interest requires, and it is therefore

provided, that the reports of investigations or hearings, or any

part thereof, shall not be admitted in evidence or used for any

purpose in any suit, action, or proceeding growing out of any matter

referred to in the investigation, hearing, or report thereof, except

in case of any suit, action, or proceeding, civil or criminal,

instituted by or in behalf of the Department or in the name of the

state under the provisions of the Oklahoma Department of Aerospace

and Aeronautics Act or other laws of the state relating to

aeronautics; nor shall any member of the Commission, or the

Director, or any officer or employee of the Department be required

to testify to any facts ascertained in, or information gained by

reason of, such person’s official capacity, or be required to

testify as an expert witness in any suit, action, or proceeding

involving any aircraft. Subject to the foregoing provisions, the

Department may in its discretion make available to appropriate

federal, state and municipal agencies information and material

developed in the course of its investigations and hearings.

L. 1. The Department is authorized to confer with or to hold

joint hearings with any agency of the United States in connection

with any matter arising under the Oklahoma Department of Aerospace

and Aeronautics Act or relating to the sound development of

aerospace and aeronautics.

2. The Department is authorized to avail itself of the

cooperation, services, records, and facilities of the agencies of

the United States as fully as may be practicable in the

administration and enforcement of the Oklahoma Department of

Aerospace and Aeronautics Act. The Department shall furnish to the

agencies of the United States its cooperation, services, records,

and facilities, insofar as may be practicable.

3. The Department shall report to the appropriate agency of the

United States all accidents in aeronautics in this state of which it

is informed and shall, insofar as is practicable, preserve, protect,

and prevent the removal of the component parts of any aircraft

involved in an accident being investigated by it until the federal

agency institutes an investigation.

Oklahoma Statutes - Title 3. Aircraft and Airports Page 59

M. The Department may organize and administer an aerospace

education program in cooperation with universities, colleges and

schools for the general public. The Department may also plan and

act jointly in a cooperative aviation research or high technology

program. As part of these programs, the Department may issue

aviation communication films and publications.

N. The Department shall administer an airport inspection

program for all public-use airports within this state. The

inspection program shall occur on a three-year cycle and shall be

administered by the Oklahoma Department of Aerospace and

Aeronautics. Airport owners, including individuals and

municipalities, shall provide access to airport facilities for

conducting the inspections. The Department shall provide a written

report to each public-use airport detailing the findings of such

inspections.
Okla. Stat. tit. 3, § 3-65.2v2 — OK Code / Title 3 / Section 3-65.2v2
General powers of municipalities in the establishment,
Status: in_force

acquisition, operation and maintenance of airports, vertiports, and

air navigation facilities.

A. Establishment, Operation, Land Acquisition. Every

municipality is authorized, out of any appropriations or other

monies made available for such purpose, to plan, establish, develop,

Oklahoma Statutes - Title 3. Aircraft and Airports Page 10

construct, enlarge, improve, maintain, equip, operate, regulate,

protect and police airports, vertiports, and air navigation

facilities, either within the territorial limits of such

municipality or within the territorial boundaries of this state,

including the construction, installation, equipment, maintenance and

operation at such airports of buildings and other facilities for the

servicing of aircraft or for the comfort and accommodation of air

travelers, and the purchase and sale of supplies, goods and

commodities as an incident to the operation of its airport

properties. For such purposes the municipality may use any

available property that it may now or hereafter own or control and

may, by purchase, gift, devise, lease, eminent domain proceedings or

otherwise, acquire property, real or personal, or any interest

therein including easements in airport hazards or land outside the

boundaries of an airport, vertiport, or airport site as are

necessary to permit safe and efficient operation of the airport or

vertiport or to permit the removal, elimination, obstruction-

marking, or obstruction-lighting of airport hazards or to prevent

the establishment of airport hazards.

B. Acquisition of Existing Airports. Any municipality may by

purchase, gift, devise or lease acquire existing airports,

vertiports, and air navigation facilities, provided however it shall

not acquire or take over any airport or air navigation facility

without the consent of the owner thereof.

C. Establishment of Airports on Public Waters and Reclaimed

Lands. For the purposes of the Municipal Airports Act, a

municipality may establish or acquire and maintain, within or

bordering upon the territorial limits of the municipality, airports

in, over and upon, any public waters of this state, any submerged

lands under such public waters, and any artificial or reclaimed

lands which before the artificial making or reclamation thereof

constituted a portion of the submerged lands under such public

waters; and may construct and maintain terminal building, landing

floats, causeways, roadways and bridges for approaches to or

connecting with any such airport, and landing floats and breakwaters

for the protection thereof.

D. Limitation on Design and Operation of Air Navigation

Facilities. All air navigation facilities established or operated

by municipalities shall be supplementary to and coordinated in

design and operation with those established and operated by the

federal and state governments.
Okla. Stat. tit. 3, § 3-502 — OK Code / Title 3 / Section 3-502
Oklahoma Aircraft and Rocket Engine Testing Development
Status: in_force

Grant Program — Application information — Agreement.

A. There is hereby created, within the Oklahoma Department of

Aerospace and Aeronautics, the Oklahoma Aircraft and Rocket Engine

Testing Development Grant Program to offer financial assistance by

grant to private or public entities for the purpose of expanding the

aircraft or rocket engine testing capabilities of this state and

developing aircraft or rocket engine testing infrastructure. Grant

funding shall be administered based on the potential for a specific

project to enhance the aviation, aerospace, and space propulsion

industry of this state. A grant under this program shall be a one-

time award.

B. Public, private, and nonprofit entities within this state

that have sufficient financial and management capacity to complete

the requested project are eligible for funding under this program.

Applicants shall provide the following information:

1. Airline or industry support as evidenced by a letter or

other communication directly from the entity stating its support for

the project;

2. The ability to provide a minimum of forty percent (40%)

matching funds for the project; and

3. A proposal summary that shall include any background

information or history with aircraft or rocket engine testing and

development, project description, timeline for completion of

project, and estimated budget for the entire project.

C. A grant agreement shall be made between any awardee and the

Department. The grant agreement shall provide for the conditions of

disbursement, shall include a provision requiring the repayment of

awarded funds if the terms are not met, and shall include a

requirement for awardees to provide ongoing quarterly reports

detailing activity related to the project.
Okla. Stat. tit. 3A, § 3A-414 — OK Code / Title 3A / Section 3A-414
Licensee records - Reports
Status: in_force

A. Every licensee shall keep and maintain a set of records

which shall include such details as required by the Commission of

the activities of the licensee relating to doing business in this

state pursuant to the provisions of the Oklahoma Charity Games Act.

1. Such records shall be available for inspection by the

Commission during regular business hours.

2. Such records shall be maintained for a period of not less

than three (3) years from the date of the end of the fiscal year of

the licensee.

3. Such records maintained shall include copies of all invoices

to all organizations in this state which shall include but not be

limited to information as to the amount of charity game equipment

sold in this state.

B. Each distributor shall also submit a quarterly report to the

Commission containing the name, address, and license or exemption

number of each purchaser of charity game equipment.

C. Each licensed manufacturer shall also submit a quarterly

report to the Commission containing the following information:

1. The total amount of charity game equipment sold in this

state;

2. The total number with the serial numbers and sequential

order of bingo faces, U-PIK-EM bingo sets, and breakopen deals sold;

and

3. Copies of all invoices for all charity game equipment sold

which shall include but not be limited to information as to the

number of games sold in this state.
Okla. Stat. tit. 3A, § 3A-240 — OK Code / Title 3A / Section 3A-240
Enactment of compact - Provisions
Status: in_force

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

Oklahoma Statutes - Title 3A. Amusements and Sports Page 55

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.

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:

Oklahoma Statutes - Title 3A. Amusements and Sports Page 56

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

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

Oklahoma Statutes - Title 3A. Amusements and Sports Page 57

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.

Oklahoma Statutes - Title 3A. Amusements and Sports Page 58

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

Oklahoma Statutes - Title 3A. Amusements and Sports Page 59

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

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

all severable matters.
Okla. Stat. tit. 3A, § 3A-200.1 — OK Code / Title 3A / Section 3A-200.1
Definitions
Status: in_force

A. As used in the Oklahoma Horse Racing Act:

1. "Commission" means the Oklahoma Horse Racing Commission;

2. "Enclosure" means all buildings, structures and grounds

utilized for the conduct of a race meeting and/or gaming at the race

track and any additional areas designated by the Oklahoma Horse

Racing Commission;

3. "Family" means husband, wife, and any dependent children;

4. "Financial interest" means an interest that could result in

directly or indirectly receiving a pecuniary gain or sustaining a

pecuniary loss as a result of ownership or interest in a business

entity, or as a result of salary, gratuity, or other compensation or

remuneration from any person;

5. "Horse racing" means any type of horse racing, including,

but not limited to, Arabian, Appaloosa, Paint, Pinto, Quarter Horse,

and Thoroughbred horse racing.

a. "Arabian horse racing" means the form of horse racing

in which each participating horse is an Arabian horse

registered with the Arabian Horse Club Registry of

America and approved by the Arabian Horse Racing

Association of America or any successor organization,

mounted by a jockey, and engaged in races on the flat

over a distance of not less than one-quarter (1/4)

mile or more than four (4) miles.

b. "Appaloosa horse racing" means the form of horse

racing in which each participating horse is an

Appaloosa horse registered with the Appaloosa Horse

Club or any successor organization and mounted by a

jockey.

c. "Quarter Horse racing" means the form of horse racing

where each participating horse is a Quarter Horse

registered with the American Quarter Horse Association

or any successor organization, mounted by a jockey,

and engaged in a race on the flat.

d. "Paint horse racing" means the form of horse racing in

which each participating horse is a Paint horse

registered with the American Paint Horse Association

or any successor organization and mounted by a jockey.

e. "Pinto horse racing" means the form of horse racing in

which each participating horse is a Pinto horse

registered with the Pinto Horse Association of

Oklahoma Statutes - Title 3A. Amusements and Sports Page 6

America, Inc. or any successor organization and

mounted by a jockey.

f. "Thoroughbred horse racing" means the form of horse

racing in which each participating horse is a

Thoroughbred horse registered with the Jockey Club or

any successor organization, mounted by a jockey, and

engaged in races on the flat.

“Horse racing” shall not mean the racing of a cloned horse or

offspring of a cloned horse regardless of whether any breed

association has registered the horse;

6. "Minor" means any individual under eighteen (18) years of

age;

7. "Minus pool" means a pari-mutuel pool in which, after

deducting the take-out, not enough money remains in the pool to pay

the legally prescribed minimum return to those placing winning

wagers, and in which the organization licensee would be required to

pay the remaining amount due;

8. "Occupation licensee" means any person who has obtained an

occupation license;

9. "Organization licensee" means any person receiving an

organization license;

10. "Pari-mutuel system of wagering" means a form of wagering

on the outcome of horse races in which those who wager purchase

wagers of various denominations on a horse or horses and all wagers

for each race are pooled and held by the organization licensee for

distribution. The pari-mutuel system of wagering uses an electric

totalizator or similar equipment which automatically registers the

wagers made on each horse;

11. "Pari-mutuel pool" means the total money wagered by

individuals on any horse or horses in a particular horse race to

win, place, or show and held by the organization licensee pursuant

to the pari-mutuel system of wagering. There is a separate pari-

mutuel pool for win, for place, for show, and for each multiple

combination of betting approved by the Oklahoma Horse Racing

Commission;

12. "Person" means any individual, partnership, corporation, or

other association or entity; and

13. "Race meeting" means the entire period of time not to

exceed twenty (20) calendar days separating any race days for which

an organization license has been granted to a person by the

Commission to hold horse races at which the pari-mutuel system of

wagering is conducted, to hold non-pari-mutuel horse races or to

conduct accredited work or training races.

B. The Commission may define by rule or regulation any term

which is not defined in the Oklahoma Horse Racing Act.
Okla. Stat. tit. 3A, § 3A-612 — OK Code / Title 3A / Section 3A-612
Security
Status: in_force

A. Before any sanctioning permit is issued to any promoter to

conduct or hold a professional combative sports event, amateur mixed

martial arts event or amateur kickboxing event, the applicant shall

file with the Oklahoma State Athletic Commission a security in the

form of a bond, cash, certificate of deposit, or other securities

acceptable to the Commission, payable to the State of Oklahoma in an

amount determined by the Commission, executed by the applicant and a

surety company or companies authorized to do business in this state,

and conditioned upon the faithful performance by the promoter, which

shall include, but not be limited to, the cancellation of a

professional combative sports event, amateur mixed martial arts

event or amateur kickboxing event without good cause as determined

by the Commission once the event has been approved by the

Commission.

B. The security required under this section shall guarantee the

payment of all taxes, fees, fines and other monies due and payable

pursuant to the provisions of the Oklahoma State Athletic Commission

Act and the rules promulgated by the Commission, including, but not

limited to, the payment of purses to the competitors, any

contributions for required insurance, pensions, disability and

medical examinations, the repayment to ticket holders of purchased

tickets, the payment of fees to ring officials and physicians, and,

in the event of the cancellation of a professional combative sports

event, amateur mixed martial arts event or amateur kickboxing event

approved by the Commission without good cause, an amount determined

by the Commission.

C. After issuance of a sanctioning permit to a promoter, the

Commission may modify the amount of security required to ensure

adequate and sufficient coverage for payments of taxes, fees, fines,

Oklahoma Statutes - Title 3A. Amusements and Sports Page 161

purses, and other monies due and payable pursuant to the provisions

of this section. Failure of any promoter to obtain the modified

security required pursuant to this subsection within such period of

time as the Commission may prescribe, shall be grounds for

revocation of the sanctioning permit of such promoter.

D. All proceeds of securities collected pursuant to the

provisions of this section shall be placed to the credit of the

Oklahoma State Athletic Commission Revolving Fund.
Okla. Stat. tit. 3A, § 3A-614 — OK Code / Title 3A / Section 3A-614
Notice of violation - Hearing - Orders - Actions
Status: in_force

A. If upon inspection or investigation, or whenever the

Oklahoma State Athletic Commission determines that a licensee has

Oklahoma Statutes - Title 3A. Amusements and Sports Page 162

violated the Oklahoma State Athletic Commission Act or of any order,

standard, or rule promulgated pursuant to the provisions of the

Oklahoma State Athletic Commission Act has occurred, the Commission

shall give written notice to the alleged violator specifying the

cause of the determination. Such notice shall require that the

violations be corrected and specify the terms of such correction or

require that the alleged violator appear before the Commission at a

time and place specified in the notice and answer the charges.

B. The Commission shall afford the alleged violator an

opportunity for a hearing conducted in conformity with, and records

made thereof as provided by the provisions of, the Administrative

Procedures Act. On the basis of the evidence produced at the

hearing, the Commission shall make findings of fact and conclusions

of law and enter an order thereon. The Commission shall provide

written notice of such order to the alleged violator and to such

other persons as shall have appeared at the hearing and made written

request for notice of the order.

C. Upon the request of the Commission, the Attorney General

shall bring an action against any person violating any of the

provisions of the Oklahoma State Athletic Commission Act or

violating any order or determination of the Commission.
Okla. Stat. tit. 3A, § 3A-710 — OK Code / Title 3A / Section 3A-710
Rules – Video lottery machines prohibited
Status: in_force

The board of trustees of the Oklahoma Lottery Commission may

promulgate rules regulating the conduct of lottery games in general,

including, but not limited to, rules specifying:

1. The type of lottery games to be conducted, including, but

not limited to, instant lotteries and other games traditional to the

lottery;

2. The sale price of tickets or shares and the manner of sale.

All forms of applicable retail payment shall be accepted;

3. The number and amount of prizes;

Oklahoma Statutes - Title 3A. Amusements and Sports Page 178

4. The method and location of selecting or validating winning

tickets or shares;

5. The manner and time of payment of prizes, which may include

lump-sum payments or installments over a period of years;

6. The manner of payment of prizes to the holders of winning

tickets or shares, including, without limitation, provision for

payment of prizes by retailers not exceeding Six Hundred Dollars

($600.00) after deducting the price of the ticket or share and after

performing validation procedures appropriate to the game and as

specified by the board. The board may provide for a limited number

of retailers who can pay prizes of up to Five Thousand Dollars

($5,000.00) after performing validation procedures appropriate to

the game and as specified by the board without regard to where the

ticket or share was purchased;

7. The frequency of games and drawings or selection of winning

tickets or shares;

8. The means of conducting drawings;

9. The method to be used in selling tickets or shares;

10. The manner and amount of compensation to lottery retailers;

and

11. Any other matters necessary to ensure the efficient and

effective operation of lottery games, the continued entertainment

and convenience of the public, and the integrity of the lottery.

The board of trustees shall not permit the operation of any

lottery game using a video lottery machine. "Video lottery machine"

means any electronic video game machine that, upon furnishing of

consideration, is available to play or simulate the play of a video

game, including, but not limited to, bingo and games conducted

pursuant to the Oklahoma Charity Games Act, poker, blackjack, slot

machines, pulltab machines, card games, dice, dominos, roulette

wheels, or other similar forms of gambling, or games where winners

are determined by the outcome of a sports contest, using a video

display and microprocessors in which the player may receive free

games or credits that can be redeemed for cash, coins or tokens, or

that directly dispenses cash, coins or tokens.
Okla. Stat. tit. 3, § 3-421v2 — OK Code / Title 3 / Section 3-421v2
Department of Aerospace and Aeronautics established as
Status: in_force

clearinghouse for unmanned aircraft systems.

A. The Oklahoma Department of Aerospace and Aeronautics is

hereby established as the clearinghouse for unmanned aircraft

systems (UAS) and advanced air mobility (AAM) in this state and

shall be designated as the agency of this state for the promotion,

enhancement, and development of UAS and AAM as well as any

associated infrastructure necessary to ensure the safe integration

and use of this new technology within the state. The purpose of

this clearinghouse is to create a partnership between those entities

that currently operate UAS, those that desire to use this technology

in the future and other entities that can support the research and

development of UAS to ensure that this state can more effectively

respond to the needs of this critical sector of the aviation and

aerospace industry. In the operation of this clearinghouse, the

Department shall cooperate, assist and coordinate with the federal

government, agencies of this state, tribal entities, municipalities,

and other persons in the development of unmanned aircraft systems

throughout the state to ensure the acceptance of this technology and

the successful integration of UAS into the National Airspace System.

Contingent upon the availability of funds, the Oklahoma Department

of Aerospace and Aeronautics may use established program processes

or may contract with other qualified entities to carry out the

duties and responsibilities of the Unmanned Aircraft Systems

Development Act of 2021.

B. The primary goal of the clearinghouse within the Department

is to establish a central point within state government to develop

and implement the strategy for how this state can become a leader in

the UAS and AAM industry. It will focus the collective resources,

knowledge, information, and assets within state government to ensure

coordinated efforts amongst all parties. The clearinghouse will

have the authority to:

Oklahoma Statutes - Title 3. Aircraft and Airports Page 123

1. Conduct research on what other states and localities are

doing insofar as their UAS rules and regulations so that it can

provide recommendations to ensure this state is in the best position

within the industry;

2. Organize and coordinate the application for any UAS and AAM

test site, integration opportunity, pilot program or grant funding

on behalf of this state;

3. Maintain a registry of UAS being operated by state agencies,

except those UAS that are part of a university-affiliated research

program;

4. Maintain a registry of educational institutions that offer

training programs for users of UAS;

5. Investigate the development of, and if necessary, create a

statewide system plan that will provide the framework for the

construction, development, siting, and potential partnerships

required for vertiports and other infrastructure needed to integrate

AAM and UAS into the existing air transportation system of the

state;

6. Develop a statewide network of UAS and AAM detection systems

as necessary to support the safe integration of these technologies

into the state’s existing air transportation system; and

7. Create statewide or regional command, control, and radar

systems or centers to carry out the provisions of paragraph 6 of

this subsection and the Department’s efforts to bring UAS and AAM

testing and development to the state. These systems or centers can

be stand-alone or in partnership with other federal, state, local,

tribal, or non-profit entities.

C. The Department is authorized to enter into partnerships with

any city or town of this state and any county or political

subdivision or district in this state, or any public trust thereof,

or any federal government entity for the purpose of investing in and

operating infrastructure and any other items necessary to safely and

effectively integrate AAM and UAS into the existing air

transportation system of this state as well as the testing and

development of these aeronautical technologies.
Okla. Stat. tit. 3A, § 3A-713 — OK Code / Title 3A / Section 3A-713
Disposition of proceeds - Oklahoma Education Lottery Trust
Status: in_force

Fund - Appropriation of proceeds - Replenishment of fund - Oklahoma

Education Lottery Revolving Fund - Appropriations made available on

a monthly basis.

A. All gross proceeds shall be the property of the Oklahoma

Lottery Commission. From its gross proceeds, the Commission shall

pay the operating expenses of the Commission. At least forty-five

percent (45%) of gross proceeds shall be made available as prize

money. However, the provisions of this subsection shall be deemed

not to create any lien, entitlement, cause of action, or other

private right, and any rights of holders of tickets or shares shall

be determined by the Commission in setting the terms of its lottery

or lotteries.

B. There is hereby created in the State Treasury a fund to be

designated the “Oklahoma Education Lottery Trust Fund”.

Expenditures from the 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.

C. Upon their deposit into the State Treasury, any monies

representing a deposit of net proceeds shall then become the

unencumbered property of this state, and neither the Commission nor

the board of trustees shall have the power to agree or undertake

otherwise. The monies shall be invested by the State Treasurer in

accordance with state investment practices. All earnings

attributable to such investments shall likewise be the unencumbered

Oklahoma Statutes - Title 3A. Amusements and Sports Page 181

property of the state and shall accrue to the credit of the fund

provided for in subsection B of this section.

1. The first Sixty-five Million Dollars ($65,000,000.00) of

monies contributed annually to the Oklahoma Education Lottery Trust

Fund shall only be appropriated as follows:

a. forty-five percent (45%) for the following:

(1) kindergarten through twelfth grade public

education, including but not limited to

compensation and benefits for public school

teachers and support employees, and

(2) early childhood development programs, which shall

include but not be limited to costs associated

with prekindergarten and full-day kindergarten

programs,

b. forty-five percent (45%) for the following:

(1) tuition grants, loans and scholarships to

citizens of this state to enable such citizens to

attend colleges and universities located within

this state, regardless of whether such colleges

and universities are owned or operated by the

Oklahoma State Regents for Higher Education, or

to attend institutions operated under the

authority of the Oklahoma Department of Career

and Technology Education; provided, such tuition

grants, loans and scholarships shall not be made

to a citizen of this state to attend a college or

university which is not accredited by the

Oklahoma State Regents for Higher Education,

(2) construction of educational facilities for

elementary school districts, independent school

districts, The Oklahoma State System of Higher

Education, and career and technology education,

(3) capital outlay projects for elementary school

districts, independent school districts, The

Oklahoma State System of Higher Education, and

career and technology education,proceeds - Replenishment of fund - Oklahoma Education Lottery Revolving Fund - Appropriationsgents for Higher Education,

(2) construction of educational facilities for

elementary school districts, independent school

districts, The Oklahoma State System of Higher

Education, and career and technology education,

(3) capital outlay projects for elementary school

districts, independent school districts, The

Oklahoma State System of Higher Education, and

career and technology education,

(4) technology for public elementary school district,

independent school district, state higher

education, and career and technology education

facilities, which shall include but not be

limited to costs of providing to teachers at

accredited public institutions who teach levels

kindergarten through twelfth grade, personnel at

technology centers under the authority of the

Oklahoma State Department of Career and

Technology Education, and professors and

instructors within The Oklahoma State System of

Oklahoma Statutes - Title 3A. Amusements and Sports Page 182

Higher Education, the necessary training in the

use and application of computers and advanced

electronic instructional technology to implement

interactive learning environments in the

classroom and to access the statewide distance

learning network and costs associated with

repairing and maintaining advanced electronic

instructional technology,

(5) endowed chairs for professors at institutions of

higher education operated by The Oklahoma State

System of Higher Education, and

(6) programs and personnel of the Oklahoma School for

the Deaf and the Oklahoma School for the Blind,

c. five percent (5%) to the School Consolidation

Assistance Fund. When the total amount in the School

Consolidation Assistance Fund from all sources equals

Five Million Dollars ($5,000,000.00), all monies

appropriated pursuant to this subparagraph which would

otherwise be deposited in the School Consolidation

Assistance Fund in excess of Five Million Dollars

($5,000,000.00) shall be allocated by the State

Department of Education to public schools based on the

audited end-of-year average daily membership in grades

8 through 12 during the preceding school year for the

purpose of purchasing technology equipment. If at any

time the total amount in the School Consolidation

Assistance Fund drops below Five Million Dollars

($5,000,000.00), the monies appropriated pursuant to

this subparagraph shall be deposited in the School

Consolidation Assistance Fund until the Fund again

reaches Five Million Dollars ($5,000,000.00), and

d. five percent (5%) to the Teachers’ Retirement System

Dedicated Revenue Revolving Fund.

In no instance shall the annual maximum percentage for

administrative costs, not including marketing and advertising costs,

funds set aside for prizes, commissions paid to retailers, contract

fees paid to gaming system vendors and instant ticket providers or

emergency-related capital expenses, exceed three percent (3%) of

sales.

2. The remaining portion of lottery annual net proceeds

deposited to the Oklahoma Education Lottery Trust Fund that exceeds

Sixty-five Million Dollars ($65,000,000.00) shall be transferred by

the Office of Management and Enterprise Services to the credit of

the Teacher Empowerment Revolving Fund created in Section 6-190.2 of

Title 70 of the Oklahoma Statutes.

D. The Legislature shall appropriate funds from the Oklahoma

Education Lottery Trust Fund only for the purposes specified in

Oklahoma Statutes - Title 3A. Amusements and Sports Page 183

subsection C of this section. Even when funds from the trust fund

are used for these purposes, the Legislature shall not use funds

from the trust fund to supplant or replace other state funds

supporting common education, higher education, or career and

technology education.

E. In order to ensure that the funds from the trust fund are

used to enhance and not supplant funding for education, the State

Board of Equalization shall examine and investigate appropriations

from the trust fund each year. At the meeting of the State Board of

Equalization held within five (5) days after the monthly

apportionment in February of each year, the State Board of

Equalization shall issue a finding and report which shall state

whether appropriations from the trust fund were used to enhance or

supplant education funding. If the State Board of Equalization

finds that education funding was supplanted by funds from the trust

fund, the Board shall specify the amount by which education funding

was supplanted. In this event, the Legislature shall not make any

appropriations for the ensuing fiscal year until an appropriation in

that amount is made to replenish the trust fund.

F. Except as otherwise provided by this subsection, no

deficiency in the Oklahoma Education Lottery Trust Fund shall be

replenished by reducing any nonlottery funds including, specifically

but without limitation, the General Revenue Fund, the Constitutional

Reserve Fund, or the Education Reform Revolving Fund of the State

Department of Education. No program or project started specifically

from lottery proceeds shall be continued from the General Revenue

Fund, the Constitutional Reserve Fund, or the Education Reform

Revolving Fund of the State Department of Education. Such programs

must be adjusted or discontinued according to available lottery

proceeds unless the Legislature by general law establishes

eligibility requirements and appropriates specific funds therefor.

No surplus in the Oklahoma Education Lottery Trust Fund shall be

reduced or transferred to correct any nonlottery deficiencies in

sums available for general appropriations. The provisions of this

subsection shall not apply to bonds or other obligations issued

pursuant to or to the repayment of bonds or other obligations issued

pursuant to the Oklahoma Higher Education Promise of Excellence Act

of 2005.

G. There is hereby created in the State Treasury a revolving

fund to be designated the “Oklahoma Education Lottery Revolving

Fund”. The fund shall be a continuing fund, not subject to fiscal

year limitations, and shall consist of all monies received by the

Commission. All monies accruing to the credit of the Oklahoma

Education Lottery Revolving Fund are hereby appropriated and may be

budgeted and expended for the payment of net proceeds, prizes,

commissions to retailers, administrative expenses and all other

expenses arising out of the operation of the education lottery,

Oklahoma Statutes - Title 3A. Amusements and Sports Page 184

subject to the limitations provided in the Oklahoma Education

Lottery Act. Expenditures from the 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.

The monies in the fund shall be invested by the State Treasurer

in accordance with state investment practices. All earnings

attributable to such investments shall likewise accrue to the credit

of the fund.

H. When appropriations from the Oklahoma Education Lottery

Trust Fund are made to common education pursuant to the provisions

of subparagraph a of paragraph 1 of subsection C of this section,

the appropriations shall be made available on a monthly basis. The

following process shall be used to ensure that the appropriations

are made available to common education in a timely manner:

1. Beginning in July of the fiscal year in which appropriations

are made to common education from the Oklahoma Education Lottery

Trust Fund, the Commission, on or before the ninth day of each

month, shall transfer to the State Treasurer, for credit to the

Oklahoma Education Lottery Trust Fund, one-twelfth (1/12) of the

annual apportionment due to common education as required by

subparagraph a of paragraph 1 of subsection C of this section;

2. The Director of the Office of Management and Enterprise

Services shall allocate the transfers provided for in paragraph 1 of

this subsection to the State Department of Education on a monthly

basis, not to exceed one-twelfth (1/12) of the annual apportionment

for the fiscal year; and

3. The total amount of transfers to the Oklahoma Education

Lottery Trust Fund of net lottery proceeds made pursuant to this

subsection shall not exceed the total appropriations made to common

education from the Oklahoma Education Lottery Trust Fund for the

specific fiscal year.

I. When appropriations from the Oklahoma Education Lottery

Trust Fund are made to The Oklahoma State System of Higher Education

pursuant to the provisions of subparagraph b of paragraph 1 of

subsection C of this section, the appropriations shall be made

available to the System on a monthly basis. The following process

shall be used to ensure that the appropriations are made available

to The Oklahoma State System of Higher Education in a timely manner:

1. Beginning in July of the fiscal year in which appropriations

are made to The Oklahoma State System of Higher Education from the

Oklahoma Education Lottery Trust Fund, the Commission, on or before

the ninth day of each month, shall transfer to the State Treasurer,

for credit to the Oklahoma Education Lottery Trust Fund one-twelfth

(1/12) of the annual apportionment due to the Oklahoma State Regents

for Higher Education as required by subparagraph b of paragraph 1 of

subsection C of this section;

Oklahoma Statutes - Title 3A. Amusements and Sports Page 185

2. The Director of the Office of Management and Enterprise

Services shall allocate the transfers provided for in paragraph 1 of

this subsection to the Oklahoma State Regents for Higher Education

on a monthly basis, not to exceed one-twelfth (1/12) of the annual

apportionment for the fiscal year; and

3. The total amount of transfers to the Oklahoma Education

Lottery Trust Fund of net lottery proceeds made pursuant to this

subsection shall not exceed the total appropriations made to The

Oklahoma State System for Higher Education from the Oklahoma

Education Lottery Trust Fund for the specific fiscal year.

J. When appropriations from the Oklahoma Education Lottery

Trust Fund are made to the Oklahoma Department of Career and

Technology Education, pursuant to the provisions of subparagraph b

of paragraph 1 of subsection C of this section, the appropriations

shall be made available on an annual basis. The following process

shall be used to ensure that the appropriations to the Oklahoma

Education Lottery Trust Fund are available for the Oklahoma

Department of Career and Technology Education in a timely manner:

1. Beginning in July of the fiscal year in which appropriations

are made to the Oklahoma Department of Career and Technology

Education from the Oklahoma Education Lottery Trust Fund, the

Commission, on or before the ninth day of each quarter, shall

transfer to the State Treasurer, for credit to the Oklahoma

Education Lottery Trust Fund, one-fourth (1/4) of the annual

apportionment due to the Oklahoma Department of Career and

Technology Education as required by subparagraph b of paragraph 1 of

subsection C of this section;

2. The Director of the Office of Management and Enterprise

Services shall allocate the transfer provided for in paragraph 1 of

this subsection to the Oklahoma Department of Career and Technology

Education on a quarterly basis, not to exceed one-fourth (1/4) of

the annual apportionment for the fiscal year; and

3. The total amount of transfers to the Oklahoma Education

Lottery Trust Fund of net lottery proceeds made pursuant to this

subsection shall not exceed the total appropriations made to the

Oklahoma Department of Career and Technology Education from the

Oklahoma Education Lottery Trust Fund for the specific fiscal year.

K. When appropriations from the Oklahoma Education Lottery

Trust Fund are made to the School Consolidation Assistance Fund and

Teachers’ Retirement System Dedicated Revenue Revolving Fund,

pursuant to the provisions of subparagraphs c and d of paragraph 1

of subsection C of this section, the appropriations shall be made

available on an annual basis. The following process shall be used

to ensure that the appropriations to the Oklahoma Education Lottery

Trust Fund are made available to the School Consolidation Assistance

Fund and Teachers’ Retirement System Dedicated Revenue Revolving

Fund in a timely manner:

Oklahoma Statutes - Title 3A. Amusements and Sports Page 186

1. Beginning in July of the fiscal year in which appropriations

are made to the School Consolidation Assistance Fund and the

Teachers’ Retirement System Dedicated Revenue Revolving Fund from

the Oklahoma Education Lottery Trust Fund, the Commission, on or

before the ninth day of each quarter, shall transfer to the State

Treasurer, for credit to the Oklahoma Education Lottery Trust Fund,

one-fourth (1/4) of the annual apportionment due to the School

Consolidation Assistance Fund and the Teachers’ Retirement System

Dedicated Revenue Revolving Fund as required by subparagraphs c and

d of paragraph 1 of subsection C of this section;

2. The Director of the Office of Management and Enterprise

Services shall allocate the transfers provided for in paragraph 1 of

this subsection to the School Consolidation Assistance Fund and the

Teachers’ Retirement System Dedicated Revenue Revolving Fund on a

quarterly basis, not to exceed one-fourth (1/4) of the annual

apportionment for the fiscal year; and

3. The total amount of transfers to the Oklahoma Education

Lottery Trust Fund of net lottery proceeds made pursuant to this

subsection shall not exceed the total appropriations made to the

School Consolidation Assistance Fund and the Teachers’ Retirement

System Dedicated Revenue Revolving Fund from the Oklahoma Education

Lottery Trust Fund for the specific fiscal year.

L. At the conclusion of each fiscal year, the Oklahoma Lottery

Commission shall make available all remaining profits to the

Oklahoma Education Lottery Trust Fund in the following manner:

1. By July 9 of the proceeding fiscal year, the Oklahoma

Lottery Commission shall transfer the five percent (5%) difference

between the previous year’s State Board of Equalization estimate and

the appropriated amount. The cash contribution shall be available

for appropriation in the following legislative session pending

profit exists above and beyond the prior year’s annual

appropriation; and

2. By September 30, the Oklahoma Lottery Commission shall

transfer all remaining profit as established by an external

financial audit pursuant to Section 733 of this title. This cash

contribution shall be available for appropriation in the following

legislative session pending profit exists above and beyond the prior

year’s annual appropriation.
Okla. Stat. tit. 3, § 3-106 — OK Code / Title 3 / Section 3-106
Airport zoning requirements
Status: in_force

(1) Reasonableness. All airport zoning regulations adopted

under this act shall be reasonable and none shall impose any

requirement or restriction which is not reasonably necessary to

effectuate the purposes of this act. In determining what

regulations it may adopt, each political subdivision and Joint

Airport Zoning Board shall consider, among other things, the

character of the flying operations expected to be conducted at the

airport, the nature of the terrain within the airport hazard area,

the character of the neighborhood, and the uses to which the

property to be zoned is put and adaptable.

(2) Nonconforming Uses. No airport zoning regulations adopted

under this act shall require the removal, lowering, or other change

or alteration of any structure or tree not conforming to the

regulations when adopted or amended, or otherwise interfere with the

continuance of any nonconforming use, except as provided in Section

7(3).
Okla. Stat. tit. 3A, § 3A-704 — OK Code / Title 3A / Section 3A-704
Oklahoma Lottery Commission – Creation – Office – Venue
Status: in_force

There is hereby created a body corporate and politic to be known

as the Oklahoma Lottery Commission which shall be deemed to be an

instrumentality of the state. The principal office of the

Commission shall be located in Oklahoma County, and the venue of any

action against the Commission shall be Oklahoma County.
Okla. Stat. tit. 3, § 3-65.7v2 — OK Code / Title 3 / Section 3-65.7v2
Delegation of authority to airport officer or board
Status: in_force

Any authority vested by the Municipal Airports Act in a

municipality or in the governing body thereof, for the planning,

establishment, development, construction, enlargement, improvement,

maintenance, equipment, operation, regulation, protection and

policing of airports, vertiports, or other air navigation facilities

Oklahoma Statutes - Title 3. Aircraft and Airports Page 15

established, owned or controlled, or to be established, owned or

controlled by the municipality may be vested by resolution of the

governing body of the municipality in an officer or board or other

municipal agency whose powers and duties shall be prescribed in the

resolution; provided, however, that the expense of such planning,

establishment, development, construction, enlargement, improvement,

maintenance, equipment, operation, regulation, protection and

policing shall be a responsibility of the municipality.
Okla. Stat. tit. 3A, § 3A-410 — OK Code / Title 3A / Section 3A-410
Manufacturer license - Application
Status: in_force

A. Any person or business entity desiring to sell or supply

charity game equipment to a distributor in this state shall apply to

the ABLE Commission for a manufacturer license.

Oklahoma Statutes - Title 3A. Amusements and Sports Page 134

B. An application for a manufacturer license shall include:

1. The name and address of the applicant and the name and

address of each of its separate locations manufacturing charity game

equipment;

2. The name and address of all owners of the manufacturing

business entity, if the business entity is not a corporation. If

the business entity is a corporation, the name and address of each

of the officers and directors of the corporation and of each

stockholder owning ten percent (10%) or more of any class of stock

in the corporation; and

3. If the applicant is a foreign manufacturer and is also a

corporation, a certificate of good standing from the Secretary of

State, issued within sixty (60) days prior to filing the application

pursuant to Section 1130 of Title 18 of the Oklahoma Statutes. If

the foreign manufacturer is a corporation excepted from qualifying

to do business in this state pursuant to Section 1132 of Title 18 of

the Oklahoma Statutes or is not a corporation, then the foreign

manufacturer shall supply the Commission with the full name,

business address, and home address of the person who is a resident

of this state, or the full name and address of a domestic

corporation located in this state, or the full name and address of a

foreign corporation authorized to transact business in this state,

who or which is authorized to receive service of process on behalf

of the business entity.
Okla. Stat. tit. 3A, § 3A-409 — OK Code / Title 3A / Section 3A-409
Distributor license - Application
Status: in_force

A. Any person or business entity desiring to sell or supply any

charity game equipment to a licensed organization in this state

shall apply to the ABLE Commission for a distributor license.

B. An application for a distributor license shall include:

1. The name and address of the applicant and the name and

address of each of its separate locations distributing charity game

equipment;

2. The name and address of all owners of the distributing

business entity, if the business entity is not a corporation. If

the business entity is a corporation, the name and address of each

of the officers and directors of the corporation and of each

stockholder owning ten percent (10%) or more of any class of stock

in the corporation; and

3. The full name, business address and home address of the

person who is a resident of this state, or the full name and address

of a domestic corporation located in this state, or the full name

and address of a foreign corporation authorized to transact business

in this state pursuant to Section 1130 of Title 18 of the Oklahoma

Statutes, who or which is authorized to receive service of process

on behalf of the applicant, if the applicant is a person who is not

a resident of this state or a business entity not located in this

state.
Okla. Stat. tit. 3, § 3-65.1v1 — OK Code / Title 3 / Section 3-65.1v1
Definitions
Status: in_force

As used in this act, unless the text otherwise requires:

(a) "Airport" means an area on land or water that is used, or

intended to be used, for the landing and taking off of aircraft, and

includes its buildings and facilities, if any.

(b) "Air navigation facility" means any facility - other than

one owned and operated by the United States - used in, available for

use in, or designed for use in, aid of air navigation, including any

structures, mechanisms, lights, beacons, markers, communicating

systems, or other instrumentalities, or devices used or useful as an

aid, or constituting an advantage or convenience, to the safe taking

off, navigation, and landing of aircraft, or the safe and efficient

operation or maintenance of an airport, and any combination of any

or all of such facilities.

(c) "Airport hazard" means any structure, object of natural

growth, or use of land which obstructs the airspace required for the

flight of aircraft in landing or taking off at an airport or

vertiport or is otherwise hazardous to such landing or taking off of

aircraft.

(d) "Helipad" means a small designated area, usually with a

prepared surface, on a heliport, airport, landing or takeoff area,

apron or ramp, or movement area used for takeoff, landing or parking

of helicopters.

(e) "Heliport" means an area of land, water or structure used

or intended to be used for the landing and takeoff of helicopters

and includes its buildings and facilities, if any.

(f) "Municipality" means any county, city, town, or political

subdivision of this state. "Municipal" means pertaining to a

municipality as herein defined.

(g) "Person" means any individual, firm, partnership,

corporation, company, association, joint stock association, or body

politic; and includes any trustee, receiver, assignee or other

similar representative thereof.

(h) "Vertiport" means an area of land, water, or structure used

or intended to be used for the landing and takeoff of VTOL aircraft.

(i) "VTOL aircraft" means an aircraft which has vertical

takeoff and landing capability.
Okla. Stat. tit. 3, § 3-254.1 — OK Code / Title 3 / Section 3-254.1
Sale of new or used aircraft – Dealer licenses – Denial,
Status: in_force

suspension and revocation - Fine.

A. It shall be unlawful for any person to engage in the

business of selling new or used aircraft in this state, or to serve

in the capacity of, or act as a dealer of new or used aircraft in

this state without first obtaining a dealer license as provided in

this section. Any person utilizing more than one location where

such business is carried on or conducted shall be required to obtain

and hold a current license for each such location.

B. Dealer licenses issued pursuant to this section shall be

issued only to persons that prove to the satisfaction of Service

Oklahoma that they are clearly recognizable as bona fide dealers.

Proof of bona fide dealer status shall include, but not be limited

to, the following:

1. Consistent identification of the business as a dealer

establishment in advertising, signs, telephone book listings, web

sites, and other similar means. The dealership shall be clearly

identifiable as such by any person who visits or deals with the

business; and

2. A picture, upon application for a new license, of the

business location which includes the office and business sign.

C. Applications for licenses required to be obtained pursuant

to this section shall be verified by the oath or affirmation of the

applicant and shall be made on forms prescribed by Service Oklahoma.

The form shall contain such information as Service Oklahoma deems

necessary to enable it to fully determine the qualifications and

eligibility of the applicant to receive the license requested.

Service Oklahoma shall require in such application information

relating to:

1. Whether the applicant has an established place of business

and is primarily engaged in the pursuit or business of selling

aircraft;

2. Whether the applicant is able to properly conduct the

business for which the license has been requested; and

3. Such other pertinent information consistent with the

safeguarding of the public interest and the public welfare.

All applications for licenses shall be accompanied by the

appropriate fees in accordance with the provisions of this section.

In the event any application is denied and the license requested is

not issued, the entire license fee shall be returned to the

applicant.

Oklahoma Statutes - Title 3. Aircraft and Airports Page 89

D. All licenses issued pursuant to this section shall expire on

December 31 of the second year following the date of issue. All

licenses shall be nontransferable. All applications for renewal of

a license shall be submitted by November 1 of the year of renewal,

and such license shall be issued by January 1. If a licensee has

not made an application for renewal of the licenses by December 31,

it shall be illegal for that licensee to sell new or used aircraft

in this state or to serve in the capacity of or act as a dealer of

new or used aircraft in this state. If after December 31 the

license has not been renewed, then such licensee shall be required

to apply for a license as a new applicant.

E. The license fee to be charged and received by Service

Oklahoma for the license issued pursuant to this section shall be

Two Hundred Fifty Dollars ($250.00). There shall be no fee for

renewal of a license unless the licensee is required pursuant to

this section to apply for a license as a new applicant.

F. Service Oklahoma may deny an application for a license, or

revoke or suspend a license, or impose a fine not to exceed Five

Hundred Dollars ($500.00) against a dealer for each day that any

provision of this section is violated, or for any of the following

reasons:

1. On satisfactory proof of unfitness of the applicant in any

application for a license pursuant to this section;

2. For any material misstatement made by an applicant in any

application for a license pursuant to this section;

3. A change of condition after a license is granted resulting

in failure to maintain the qualifications for a license;

4. Being a dealer who:

a. uses false or misleading advertising in connection

with the business as a dealer,

b. has committed any unlawful act which resulted in the

revocation of any similar license in another state,

c. has failed or refused to perform any written agreement

with any retail buyer involving the sale of an

aircraft,

d. has been convicted of a crime involving moral

turpitude,

e. has committed a fraudulent act in selling, purchasing,

or otherwise dealing in aircraft, or has

misrepresented the terms and conditions of a sale,

purchase, or contract for sale or purchase of an

aircraft, or

f. has failed to meet or maintain the conditions and

requirements necessary to qualify for the issuance of

a license; or

5. Being a dealer who does not have an established place of

business.

Oklahoma Statutes - Title 3. Aircraft and Airports Page 90

Service Oklahoma may also assess any excise tax, including

penalty and interest, against any dealer determined by Service

Oklahoma to be in violation of this section for any aircraft sold or

purchased while such dealer was in violation of this section.

G. Service Oklahoma may deny any application for a license, or

suspend or revoke a license issued or impose a fine, only after

appropriate notice and a hearing as set forth by rule of Service

Oklahoma.

H. Any person holding a dealer license on July 1, 2000, issued

pursuant to Section 254 of Title 3 of the Oklahoma Statutes shall be

entitled to retain such license until December 31, 2000. At such

time, the dealer shall apply for a new license in accordance with

the provisions of this section.
Okla. Stat. tit. 3A, § 3A-281 — OK Code / Title 3A / Section 3A-281
Model Tribal Gaming Compact
Status: in_force

This section sets forth the provisions of the Model Tribal

Gaming Compact.

MODEL TRIBAL GAMING COMPACT

Between the [Name of Tribe]

and the STATE OF OKLAHOMA

This Compact is made and entered into by and between the [Name

of Tribe], a federally recognized Indian tribe ("tribe"), and the

State of Oklahoma ("state"), with respect to the operation of

covered games (as defined herein) on the tribe's Indian lands as

defined by the Indian Gaming Regulatory Act, 25 U.S.C., Section

2703(4).

Part 1. TITLE

This document shall be referred to as the "[Name of Tribe] and

State of Oklahoma Gaming Compact".

Part 2. RECITALS

1. The tribe is a federally recognized tribal government

possessing sovereign powers and rights of self-government.

2. The State of Oklahoma is a state of the United States of

America possessing the sovereign powers and rights of a state.

3. The state and the tribe maintain a government-to-government

relationship, and this Compact will help to foster mutual respect

and understanding among Indians and non-Indians.

Oklahoma Statutes - Title 3A. Amusements and Sports Page 92

4. The United States Supreme Court has long recognized the

right of an Indian tribe to regulate activity on lands within its

jurisdiction.

5. The tribe desires to offer the play of covered games, as

defined in paragraphs 5, 10, 11 and 12 of Part 3 of this Compact, as

a means of generating revenues for purposes authorized by the Indian

Gaming Regulatory Act, 25 U.S.C., Section 2701, et seq., including

without limitation the support of tribal governmental programs, such

as health care, housing, sewer and water projects, police,

corrections, fire, judicial services, highway and bridge

construction, general assistance for tribal elders, day care for the

children, economic development, educational opportunities and other

typical and valuable governmental services and programs for tribal

members.

6. The state recognizes that the positive effects of this

Compact will extend beyond the tribe's lands to the tribe's

neighbors and surrounding communities and will generally benefit all

of Oklahoma. These positive effects and benefits may include not

only those described in paragraph 5 of this Part, but also may

include increased tourism and related economic development

activities.

7. The tribe and the state jointly wish to protect their

citizens from any criminal involvement in the gaming operations

regulated under this Compact.

Part 3. DEFINITIONS

As used in this Compact:

1. "Adjusted gross revenues" means the total receipts received

from the play of all covered games minus all prize payouts;

2. "Annual oversight assessment" means the assessment described

in subsection B of Part 11 of this Compact;

3. "Central computer" means a computer to which player

terminals are linked to allow competition in electronic bonanza-

style bingo games;

4. "Compact" means this Tribal Gaming Compact between the state

and the tribe, entered into pursuant to Section 280 of this title;

5. "Covered game" means the following games conducted in

accordance with the standards, as applicable, set forth in Sections

270 through 277 of this title: an electronic bonanza-style bingo

game, an electronic amusement game, an electronic instant bingo

game, nonhouse-banked card games; any other game, if the operation

of such game by a tribe would require a compact and if such game has

been: (i) approved by the Oklahoma Horse Racing Commission for use

by an organizational licensee, (ii) approved by state legislation

for use by any person or entity, or (iii) approved by amendment of

the State-Tribal Gaming Act; and upon election by the tribe by

written supplement to this Compact, any Class II game in use by the

Oklahoma Statutes - Title 3A. Amusements and Sports Page 93

tribe, provided that no exclusivity payments shall be required for

the operation of such Class II game;

6. "Covered game employee" means any individual employed by the

enterprise or a third party providing management services to the

enterprise, whose responsibilities include the rendering of services

with respect to the operation, maintenance or management of covered

games. The term "covered game employee" includes, but is not

limited to, the following: managers and assistant managers;

accounting personnel; surveillance and security personnel; cashiers,

supervisors, and floor personnel; cage personnel; and any other

person whose employment duties require or authorize access to areas

of the facility related to the conduct of covered games or the

maintenance or storage of covered game components. This shall not

include upper level tribal employees or tribe's elected officials so

long as such individuals are not directly involved in the operation,

maintenance, or management of covered game components. The

enterprise may, at its discretion, include other persons employed at

or in connection with the enterprise within the definition of

covered game employee;

7. "Documents" means books, records, electronic, magnetic and

computer media documents and other writings and materials, copies

thereof, and information contained therein;

8. "Effective date" means the date on which the last of the

conditions set forth in subsection A of Part 15 of this Compact have

been met;

9. "Electronic accounting system" means an electronic system

that provides a secure means to receive, store and access data and

record critical functions and activities, as set forth in the State-

Tribal Gaming Act;

10. "Electronic amusement game" means a game that is played in

an electronic environment in which a player's performance and

opportunity for success can be improved by skill that conforms to

the standards set forth in the State-Tribal Gaming Act;

11. "Electronic bonanza-style bingo game" means a game played

in an electronic environment in which some or all of the numbers or

symbols are drawn or electronically determined before the electronic

bingo cards for that game are sold that conforms to the standards

set forth in the State-Tribal Gaming Act;

12. "Electronic instant bingo game" means a game played in an

electronic environment in which a player wins if his or her

electronic instant bingo card contains a combination of numbers or

symbols that was designated in advance of the game as a winning

combination. There may be multiple winning combinations in each

game and multiple winning cards that conform to the standards set

forth in the State-Tribal Gaming Act;

13. "Enterprise" means the tribe or the tribal agency or

section of tribal management with direct responsibility for the

Oklahoma Statutes - Title 3A. Amusements and Sports Page 94

conduct of covered games, the tribal business enterprise that

conducts covered games, or a person, corporation or other entity

that has entered into a management contract with the tribe to

conduct covered games, in accordance with IGRA. The names,

addresses and identifying information of any covered game employees

shall be forwarded to the SCA at least annually. In any event, the

tribe shall have the ultimate responsibility for ensuring that the

tribe or enterprise fulfills the responsibilities under this

Compact. For purposes of enforcement, the tribe is deemed to have

made all promises for the enterprise;

14. "Facility" means any building of the tribe in which the

covered games authorized by this Compact are conducted by the

enterprise, located on Indian lands as defined by IGRA. The tribe

shall have the ultimate responsibility for ensuring that a facility

conforms to the Compact as required herein;

15. "Game play credits" means a method of representing value

obtained from the exchange of cash or cash equivalents, or earned as

a prize, in connection with electronic gaming. Game play credits

may be redeemed for cash or a cash equivalent;

16. "Player terminals" means electronic or electromechanical

terminals housed in cabinets with input devices and video screens or

electromechanical displays on which players play electronic bonanza-

style bingo games, electronic instant bingo games or electronic

amusement games;

17. "Independent testing laboratory" means a laboratory of

national reputation that is demonstrably competent and qualified to

scientifically test and evaluate devices for compliance with this

Compact and to otherwise perform the functions assigned to it in

this Compact. An independent testing laboratory shall not be owned

or controlled by the tribe, the enterprise, an organizational

licensee as defined in the State-Tribal Gaming Act, the state, or

any manufacturer, supplier or operator of gaming devices. The

selection of an independent testing laboratory for any purpose under

this Compact shall be made from a list of one or more laboratories

mutually agreed upon by the parties; provided that the parties

hereby agree that any laboratory upon which the National Indian

Gaming Commission has relied for such testing may be utilized for

testing required by this Compact;

18. "IGRA" means the Indian Gaming Regulatory Act, Pub. L. 100-

497, Oct. 17, 1988, 102 Stat. 2467, codified at 25 U.S.C., Section

2701 et seq. and 18 U.S.C., Sections 1166 to 1168;

19. "Nonhouse-banked card games" means any card game in which

the tribe has no interest in the outcome of the game, including

games played in tournament formats and games in which the tribe

collects a fee from the player for participating, and all bets are

placed in a common pool or pot from which all player winnings,

prizes and direct costs are paid. As provided herein,

Oklahoma Statutes - Title 3A. Amusements and Sports Page 95

administrative fees may be charged by the tribe against any common

pool in an amount equal to any fee paid the state; provided that the

tribe may seed the pool as it determines necessary from time to

time;

20. "Patron" means any person who is on the premises of a

gaming facility, for the purpose of playing covered games authorized

by this Compact;

21. "Principal" means, with respect to any entity, its sole

proprietor or any partner, trustee, beneficiary or shareholder

holding five percent (5%) or more of its beneficial or controlling

ownership, either directly or indirectly, or any officer, director,

principal management employee, or key employee thereof;

22. "Rules and regulations" means the rules and regulations

promulgated by the Tribal Compliance Agency for implementation of

this Compact;

23. "Standards" means the descriptions and specifications of

electronic amusement games, electronic bonanza-style bingo games and

electronic instant bingo games or components thereof as set forth in

Sections 270 through 277 of this title as enacted in 2004 or as

amended pursuant to paragraph 27 of this Part or subsection D of

Part 13 of this Compact, including technical specifications for

component parts, requirements for cashless transaction systems,

software tools for security and audit purposes, and procedures for

operation of such games;

24. "State" means the State of Oklahoma;

25. "State Compliance Agency" ("SCA") means the state agency

that has the authority to carry out the state's oversight

responsibilities under this Compact, which shall be the Office of

Management and Enterprise Services or its successor agency. Nothing

herein shall supplant the role or duties of the Oklahoma State

Bureau of Investigation under state law. The Oklahoma Horse Racing

Commission and the Oklahoma Tax Commission shall have no role in

regulating or oversight of any gaming conducted by a tribe;

26. "Tribal Compliance Agency" ("TCA") means the tribal

governmental agency that has the authority to carry out the tribe's

regulatory and oversight responsibilities under this Compact.

Unless and until otherwise designated by the tribe, the TCA shall be

the [Name of Tribe] Gaming Commission. No covered game employee may

be a member or employee of the TCA. The tribe shall have the

ultimate responsibility for ensuring that the TCA fulfills its

responsibilities under this Compact. The members of the TCA shall

be subject to background investigations and licensed to the extent

required by any tribal or federal law, and in accordance with

subsection B of Part 7 of this Compact. The tribe shall ensure that

all TCA officers and agents are qualified for such position and

receive ongoing training to obtain and maintain skills that are

Oklahoma Statutes - Title 3A. Amusements and Sports Page 96

sufficient to carry out their responsibilities in accordance with

industry standards;

27. "State-Tribal Gaming Act" means the legislation in which

this Model Tribal Gaming Compact is set forth and, at the tribe's

option, amendments or successor statutes thereto;

28. "Tribal law enforcement agency" means a police or security

force established and maintained by the tribe pursuant to the

tribe's powers of self-government to carry out law enforcement

duties at or in connection with a facility; and

29. "Tribe" means the [Name of Nation].

Part 4. AUTHORIZATION OF COVERED GAMES

A. The tribe and state agree that the tribe is authorized to

operate covered games only in accordance with this Compact.

However, nothing in this Compact shall limit the tribe's right to

operate any game that is Class II under IGRA and no Class II games

shall be subject to the exclusivity payments set forth in Part 11 of

this Compact. In the case of electronic bonanza-style bingo games,

there have been disagreements between tribes and federal regulators

as to whether or not such games are Class II. Without conceding

that such games are Class III, the tribe has agreed to compact with

the state to operate the specific type of electronic bonanza-style

bingo game described in this Compact to remove any legal uncertainty

as to the tribe's right to lawfully operate the game. Should the

electronic bonanza-style bingo game or the electronic instant bingo

game described in this act be determined to be Class II by the NIGC

or a federal court, then the tribe shall have the option to operate

such games outside of this Compact; provided, any obligations

pursuant to subsection F of Part 11 of this Compact shall not be

affected thereby.

B. A tribe shall not operate an electronic bonanza-style bingo

game, an electronic instant bingo game or an electronic amusement

game pursuant to this Compact until such game has been certified by

an independent testing laboratory and the TCA as meeting the

standards set out in the State-Tribal Gaming Act for electronic

bonanza-style bingo games, electronic instant bingo games or

electronic amusement games, as applicable or any standards contained

in the Oklahoma Horse Racing Commission rules issued pursuant to

subsection B of Section 268 of this title that modify the standards

for such games that may be conducted by organizational licensees.

Provided, the tribe may rely on any certification of an electronic

bonanza-style bingo game, an electronic instant bingo, or electronic

amusement games by the Oklahoma Horse Racing Commission which was

obtained by an organization licensee pursuant to the State-Tribal

Gaming Act to establish certification compliance under this Compact.

The tribe may also rely on any certification of an electronic

bonanza-style bingo game, electronic instant bingo or an electronic

amusement game by the TCA obtained by another tribe which has

Oklahoma Statutes - Title 3A. Amusements and Sports Page 97

entered into the model compact to establish certification compliance

under this Compact.

Part 5. RULES AND REGULATIONS; MINIMUM REQUIREMENTS FOR

OPERATIONS

A. Regulations. At all times during the Term of this Compact,

the tribe shall be responsible for all duties which are assigned to

it, the enterprise, the facility, and the TCA under this Compact.

The tribe shall promulgate any rules and regulations necessary to

implement this Compact, which at a minimum shall expressly include

or incorporate by reference all provisions of Part 5 and the

procedural requirements of Part 6 of this Compact. Nothing in this

Compact shall be construed to affect the tribe's right to amend its

rules and regulations, provided that any such amendment shall be in

conformity with this Compact. The SCA may propose additional rules

and regulations related to implementation of this Compact to the TCA

at any time, and the TCA shall give good faith consideration to such

suggestions and shall notify the SCA of its response or action with

respect thereto.

B. Compliance; Internal Control Standards. All enterprises and

facilities shall comply with, and all covered games approved under

the procedures set forth in this Compact shall be operated in

accordance with the requirements set forth in this Compact,

including, but not limited to, those set forth in subsections C and

D of this Part. In addition, all enterprises and facilities shall

comply with tribal internal control standards that provide a level

of control that equals or exceeds those set forth in the National

Indian Gaming Commission's Minimum Internal Control Standards (25

C.F.R., Part 542).

C. Records. In addition to other records required to be

maintained herein, the enterprise or tribe shall maintain the

following records related to implementation of this Compact in

permanent form and as written or entered, whether manually or by

computer, and which shall be maintained by the enterprise and made

available for inspection by the SCA for no less than three (3) years

from the date generated:

1. A log recording all surveillance activities in the

monitoring room of the facility, including, but not limited to,

surveillance records kept in the normal course of enterprise

operations and in accordance with industry standards; provided,

notwithstanding anything to the contrary herein, surveillance

records may, at the discretion of the enterprise, be destroyed if no

incident has been reported within one (1) year following the date

such records were made. Records, as used in this Compact, shall

include video tapes and any other storage media;

2. Payout from the conduct of all covered games;

3. Maintenance logs for all covered games gaming equipment used

by the enterprise;

Oklahoma Statutes - Title 3A. Amusements and Sports Page 98

4. Security logs as kept in the normal course of conducting and

maintaining security at the facility, which at a minimum shall

conform to industry practices for such reports. The security logs

shall document any unusual or nonstandard activities, occurrences or

events at or related to the facility or in connection with the

enterprise. Each incident, without regard to materiality, shall be

assigned a sequential number for each such report. At a minimum,

the security logs shall consist of the following information, which

shall be recorded in a reasonable fashion noting:

a. the assigned number of the incident,

b. the date of the incident,

c. the time of the incident,

d. the location of the incident,

e. the nature of the incident,

f. the identity, including identification information, of

any persons involved in the incident and any known

witnesses to the incident, and

g. the tribal compliance officer making the report and

any other persons contributing to its preparation;

5. Books and records on all covered game activities of the

enterprise shall be maintained in accordance with generally accepted

accounting principles (GAAP); and

6. All documents generated in accordance with this Compact.

D. Use of Net Revenues. Net revenues that the tribe receives

from covered games are to be used for any one or more of those

purposes permitted under IGRA:

1. To fund tribal government operations or programs;

2. To provide for the general welfare of the tribe and its

members;

3. To promote tribal economic development;

4. To donate to charitable organizations; or

5. To help fund operations of local government agencies.

E. 1. The tribe's rules and regulations shall require the

enterprise at a minimum to bar persons based on their prior conduct

at the facility or who, because of their criminal history or

association with criminal offenders, pose a threat to the integrity

of the conduct of covered games.

2. The TCA shall establish a list of the persons barred from

the facility.

3. The enterprise shall employ its best efforts to exclude

persons on such list from entry into its facility; provided, neither

persons who are barred but gain access to the facility, nor any

other person, shall have any claim against the state, the tribe or

the enterprise or any other person for failing to enforce such bar.

4. Patrons who believe they may be playing covered games on a

compulsive basis may request that their names be placed on the list.

All covered game employees shall receive training on identifying

Oklahoma Statutes - Title 3A. Amusements and Sports Page 99

players who have a problem with compulsive playing and shall be

instructed to ask them to leave. Signs and other materials shall be

readily available to direct such compulsive players to agencies

where they may receive counseling.

F. Audits. 1. Consistent with 25 C.F.R., Section 571.12,

Audit Standards, the TCA shall ensure that an annual independent

financial audit of the enterprise's conduct of covered games subject

to this Compact is secured. The audit shall, at a minimum, examine

revenues and expenses in connection with the conduct of covered

games in accordance with generally accepted auditing standards and

shall include, but not be limited to, those matters necessary to

verify the determination of adjusted gross revenues and the basis of

the payments made to the state pursuant to Part 11 of this Compact.

2. The auditor selected by the TCA shall be a firm of known and

demonstrable experience, expertise and stature in conducting audits

of this kind and scope.

3. The audit shall be concluded within five (5) months

following the close of each calendar year, provided that extensions

may be requested by the tribe and shall not be refused by the state

where the circumstances justifying the extension request are beyond

the tribe's control.

4. The audit of the conduct of covered games may be conducted

as part of or in conjunction with the audit of the enterprise, but

if so conducted shall be separately stated for the reporting

purposes required herein.

5. The audit shall conform to generally accepted auditing

standards. As part of the audit report, the auditor shall certify

to the TCA that, in the course of the audit, the auditor discovered

no matters within the scope of the audit which were determined or

believed to be in violation of any provision of this Compact.

6. The enterprise shall assume all costs in connection with the

audit.

7. The audit report for the conduct of covered games shall be

submitted to the SCA within thirty (30) days of completion. The

auditor's work papers concerning covered games shall be made

available to the SCA upon request.

8. Representatives of the SCA may, upon request, meet with the

auditors to discuss the work papers, the audit or any matters in

connection therewith; provided, such discussions are limited to

covered games information and pursue legitimate state covered games

interests.

G. Rules for Play of and Prizes for Covered Games. Summaries

of the rules for playing covered games and winning prizes shall be

visibly displayed in the facility. Complete sets of rules shall be

available in pamphlet form in the facility.

H. Supervisory Line of Authority. The enterprise shall provide

the TCA and SCA with a chart of the supervisory lines of authority

Oklahoma Statutes - Title 3A. Amusements and Sports Page 100

with respect to those directly responsible for the conduct of

covered games, and shall promptly notify those agencies of any

material changes thereto.

I. Sale of Alcoholic Beverages. The sale and service of

alcoholic beverages in a facility shall be in compliance with state,

federal and tribal law in regard to the licensing and sale of such

beverages.

J. Age Restrictions. No person who would not be eligible to be

a patron of a pari-mutuel system of wagering pursuant to the

provisions of subsection B of Section 208.4 of this title shall be

admitted into any area in a facility where covered games are played,

nor be permitted to operate, or obtain a prize from or in connection

with the operation of, any covered game, directly or indirectly.

K. Destruction of Documents. Enterprise books, records and

other materials documenting the conduct of covered games shall be

destroyed only in accordance with rules and regulations adopted by

the TCA, which at a minimum shall provide as follows:

1. Material that might be utilized in connection with a

potential tort claim pursuant to Part 6 of this Compact, including,

but not limited to, incident reports, surveillance records,

statements, and the like, shall be maintained at least one (1) year

beyond the time which a claim can be made under Part 6 of this

Compact or, if a tort claim is made, beyond the final disposition of

such claim;

2. Material that might be utilized in connection with a prize

claim, including but not limited to incident reports, surveillance

records, statements, and the like, shall be maintained at least one

hundred eighty (180) days beyond the time which a claim can be made

under Part 6 of this Compact or, if a prize claim is made, beyond

the final disposition of such claim; and

3. Notwithstanding anything herein to the contrary, all

enterprise books and records with respect to the conduct of covered

games or the operation of the enterprise, including, but not limited

to, all interim and final financial and audit reports and materials

related thereto which have been generated in the ordinary course of

business, shall be maintained for the minimum period of three (3)

years.

L. Location. The tribe may establish and operate enterprises

and facilities that operate covered games only on its Indian lands

as defined by IGRA. The tribe shall notify the SCA of the operation

of any new facility following the effective date of this Compact.

Nothing herein shall be construed as expanding or otherwise altering

the term "Indian lands", as that term is defined in the IGRA, nor

shall anything herein be construed as altering the federal process

governing the tribal acquisition of "Indian lands" for gaming

purposes.

Oklahoma Statutes - Title 3A. Amusements and Sports Page 101

M. Records of Covered Games. The TCA shall keep a record of,

and shall report at least quarterly to the SCA, the number of

covered games in each facility, by the name or type of each and its

identifying number.

PART 6. TORT CLAIMS; PRIZE CLAIMS; LIMITED CONSENT TO SUIT

A. Tort Claims. The enterprise shall ensure that patrons of a

facility are afforded due process in seeking and receiving just and

reasonable compensation for a tort claim for personal injury or

property damage against the enterprise arising out of incidents

occurring at a facility, hereinafter "tort claim", as follows:

1. During the term of this Compact, the enterprise shall

maintain public liability insurance for the express purposes of

covering and satisfying tort claims. The insurance shall have

liability limits of not less than Two Hundred Fifty Thousand Dollars

($250,000.00) for any one person and Two Million Dollars

($2,000,000.00) for any one occurrence for personal injury, and One

Million Dollars ($1,000,000.00) for any one occurrence for property

damage, hereinafter the "limit of liability", or the corresponding

limits under the Governmental Tort Claims Act, whichever is greater.

No tort claim shall be paid, or be the subject of any award, in

excess of the limit of liability;

2. The tribe consents to suit on a limited basis with respect

to tort claims subject to the limitations set forth in this

subsection and subsection C of this Part. No consents to suit with

respect to tort claims, or as to any other claims against the tribe

shall be deemed to have been made under this Compact, except as

provided in subsections B and C of this Part;

3. The enterprise's insurance policy shall include an

endorsement providing that the insurer may not invoke tribal

sovereign immunity in connection with any claim made within the

limit of liability if the claim complies with the limited consent

provisions of subsection C of this Part. Copies of all such

insurance policies shall be forwarded to the SCA;

4. Any patron having a tort claim shall file a written tort

claim notice by delivery to the enterprise or the TCA. The date the

tort claim notice is filed with the enterprise or the TCA shall be

deemed the official date of filing the tort claim notice. The tort

claim notice shall be filed within one (1) year of the date of the

event which allegedly caused the claimed loss. Failure to file the

tort claim notice during such period of time shall forever bar such

tort claim; provided that a tort claim notice filed with the

enterprise or the TCA more than ninety (90) days, but within one (1)

year, after the event shall be deemed to be timely filed, but any

judgment thereon shall be reduced by ten percent (10%).

5. If the tort claim notice is filed with the TCA, the TCA

shall forward a copy of the tort claim to the enterprise and the SCA

within forty-eight (48) hours of filing, and if the tort claim

Oklahoma Statutes - Title 3A. Amusements and Sports Page 102

notice is filed with the enterprise, the enterprise shall forward a

copy of the tort claim to the TCA and the SCA within forty-eight

(48) hours of filing;

6. The tort claim notice shall state the date, time, place and

circumstances of the incident upon which the tort claim is based,

the identity of any persons known to have information regarding the

incident, including employees or others involved in or who witnessed

the incident, the amount of compensation and the basis for said

relief; the name, address and telephone number of the claimant, and

the name, address and telephone number of any representative

authorized to act or settle the claim on behalf of the claimant;

7. All tort claim notices shall be signed by the claimant. The

rules and regulations may additionally require that the tort claim

notices be signed under oath. The rules and regulations may also

require that as a condition of prosecuting tort claims, the claimant

shall appear to be interviewed or deposed at least once under

reasonable circumstances, which shall include the attendance of the

claimant's legal counsel if requested; provided that the enterprise

shall afford claimant at least thirty (30) days' written notice of

the interview or deposition; and provided further that the

claimant's failure to appear without cause for any interview or

deposition properly noticed pursuant to this paragraph shall be

deemed a voluntary withdrawal of the tort claim;

8. The enterprise shall promptly review, investigate, and make

a determination regarding the tort claim. Any portion of a tort

claim which is unresolved shall be deemed denied if the enterprise

fails to notify the claimant in writing of its approval within

ninety (90) days of the filing date, unless the parties by written

agreement extend the date by which a denial shall be deemed issued

if no other action is taken. Each extension shall be for no more

than ninety (90) days, but there shall be no limit on the number of

written agreements for extensions; provided, that no written

agreement for extension shall be valid unless signed by the claimant

and an authorized representative of the enterprise. The claimant

and the enterprise may continue attempts to settle a claim beyond an

extended date; provided, settlement negotiations shall not extend

the date of denial in the absence of a written agreement for

extension as required by this paragraph;

9. A judicial proceeding for any cause arising from a tort

claim may be maintained in accordance with and subject to the

limitations of subsection C of this Part only if the following

requirements have been met:

a. the claimant has followed all procedures required by

this Part, including, without limitation, the delivery

of a valid and timely written tort claim notice to the

enterprise,

b. the enterprise has denied the tort claim, and

Oklahoma Statutes - Title 3A. Amusements and Sports Page 103

c. the claimant has filed the judicial proceeding no

later than the one-hundred-eightieth day after denial

of the claim by the enterprise; provided, that neither

the claimant nor the enterprise may agree to extend

the time to commence a judicial proceeding; and

10. Notices explaining the procedure and time limitations with

respect to making a tort claim shall be prominently posted in the

facility. Such notices shall explain the method and places for

making a tort claim, that this procedure is the exclusive method of

making a tort claim, and that claims that do not follow these

procedures shall be forever barred. The enterprise shall make

pamphlets containing the requirements in this subsection readily

available to all patrons of the facility and shall provide such

pamphlets to a claimant within five (5) days of the filing of a

claim.

B. Prize Claims. The enterprise shall ensure that patrons of a

facility are afforded due process in seeking and receiving just and

reasonable compensation arising from a patron's dispute, in

connection with his or her play of any covered game, the amount of

any prize which has been awarded, the failure to be awarded a prize,

or the right to receive a refund or other compensation, hereafter

"prize claim", as follows:

1. The tribe consents to suit on a limited basis with respect

to prize claims against the enterprise only as set forth in

subsection C of this Part; no consents to suit with respect to prize

claims, or as to any other claims against the tribe shall be deemed

to have been made under this Compact, except as provided in

subsections A and C of this Part;

2. The maximum amount of any prize claim shall be the amount of

the prize which the claimant establishes he or she was entitled to

be awarded, hereafter "prize limit";

3. Any patron having a prize claim shall file a written prize

claim notice by delivery to the enterprise or the TCA. The date the

prize claim is filed with the enterprise or the TCA shall be deemed

the official date of filing the prize claim notice. The prize claim

notice shall be filed within ten (10) days of the event which is the

basis of the claim. Failure to file the prize claim notice during

such period of time shall forever bar such prize claim;

4. If the prize claim notice is filed with the TCA, the TCA

shall forward a copy of the prize claim to the enterprise and the

SCA within forty-eight (48) hours of its filing; and if the prize

claim notice is filed with the enterprise, the enterprise shall

forward a copy of the tort claim to the TCA and the SCA within

forty-eight (48) hours of filing;

5. The written prize claim notice shall state the date, time,

place and circumstances of the incident upon which the prize claim

is based, the identity of any persons known to have information

Oklahoma Statutes - Title 3A. Amusements and Sports Page 104

regarding the incident, including employees or others involved in or

who witnessed the incident, the amount demanded and the basis for

said amount, the name, address and telephone number of the claimant,

and the name, address and telephone number of any representative

authorized to act or settle the claim on behalf of the claimant;

6. All notices of prize claims shall be signed by the claimant.

The rules and regulations may additionally require that the prize

claim notices be signed under oath;

7. The enterprise shall promptly review, investigate and make a

determination regarding the prize claim. Claimants shall cooperate

in providing information, including personal sworn statements and

agreeing to be interviewed, as the enterprise shall reasonably

request. The claimant is permitted to have counsel present during

any such interview;

8. If the prize claim is not resolved within seventy-two (72)

hours from the time of filing the claim in accordance with paragraph

5 of this subsection, the TCA shall immediately notify the SCA in

writing that the claim has not been resolved;

9. In the event the claim is resolved, the TCA shall not be

obligated to report that fact to the SCA, but shall make TCA reports

available for review;

10. Any portion of a prize claim which is unresolved shall be

deemed denied if the enterprise fails to notify the claimant in

writing of its approval within thirty (30) days of the filing date,

unless the parties agree by written agreement to extend the date.

Each extension shall be for no more than thirty (30) days, but there

shall be no limit on the number of written agreements for

extensions; provided, that no written agreements for extension shall

be valid unless signed by the claimant and an authorized

representative of the TCA. The claimant and the enterprise may

continue attempts to settle a claim beyond an extended date;

provided, settlement negotiations shall not extend the date of

denial in the absence of a written extension required by this

paragraph;

11. A judicial proceeding for any cause arising from a prize

claim may be maintained in accordance with and subject to the

limitations of subsection C of this Part only if the following

requirements have been met:

a. the claimant has followed all procedures required by

this Part, including without limitation, the delivery

of a valid and timely written prize claim notice to

the enterprise,

b. the enterprise has denied the prize claim, and

c. the claimant has filed the judicial proceeding no

later than one hundred eighty (180) days after denial

of the claim by the enterprise; provided that neither

Oklahoma Statutes - Title 3A. Amusements and Sports Page 105

the claimant nor the enterprise may extend the time to

commence a judicial proceeding; and

12. Notices explaining the procedure and time limitations with

respect to making a prize claim shall be prominently posted in the

facility. Such notices shall explain the method and places for

making claims, that this procedure is the exclusive method of making

a prize claim, and that claims that do not follow this procedure

shall be forever barred. The enterprise shall make pamphlets

containing the requirements in this subsection readily available to

all patrons of the facility and shall provide such pamphlets to a

claimant by the TCA within five (5) days of the filing date of a

claim.

C. Limited Consent to Suit for Tort Claims and Prize Claims.

The tribe consents to suit against the enterprise in a court of

competent jurisdiction with respect to a tort claim or prize claim

if all requirements of paragraph 9 of subsection A or all

requirements of paragraph 11 of subsection B of this Part have been

met; provided that such consent shall be subject to the following

additional conditions and limitations:

1. For tort claims, consent to suit is granted only to the

extent such claim or any award or judgment rendered thereon does not

exceed the limit of liability. Under no circumstances shall any

consent to suit be effective as to any award which exceeds such

applicable amounts. This consent shall only extend to the patron

actually claiming to have been injured. A tort claim shall not be

assignable. In the event any assignment of the tort claim is made

in violation of this Compact, or any person other than the patron

claiming the injury becomes a party to any action hereunder, this

consent shall be deemed revoked for all purposes. Notwithstanding

the foregoing, consent to suit shall not be revoked if an action on

a tort claim is filed by (i) a court appointed representative of a

claimant's estate, (ii) an indispensable party, or (iii) a health

provider or other party subrogated to the claimant's rights by

virtue of any insurance policy; provided, that nothing herein is

intended to, or shall constitute a consent to suit against the

enterprise as to such party except to the extent such party's claim

is:

a. in lieu of and identical to the claim that would have

been made by the claimant directly but for the

appointment of said representative or indispensable

party, and participation of such other party is in

lieu of and not in addition to pursuit of the claim by

the patron, and

b. the claim of such other party would have been subject

to a consent to suit hereunder if it had been made by

the claimant directly; and

Oklahoma Statutes - Title 3A. Amusements and Sports Page 106

2. For prize claims, consent is granted only to the extent such

claim does not exceed the prize limit. Under no circumstances shall

any award exceed the prize limit. This consent shall only extend to

the patron actually claiming to have engaged in the play of a

covered game on which the claim is based. Prize claims shall not be

assignable. In the event any assignment of the prize claim is made,

or any person other than the claimant entitled to make the claim

becomes a party to any action hereunder, this consent shall be

deemed revoked for all purposes. Notwithstanding the foregoing,

consent to suit shall not be revoked if an action on a prize claim

is filed by (i) a court-appointed representative of a claimant's

estate, or (ii) an indispensable party, provided that nothing herein

is intended to, or shall constitute a consent to suit against the

enterprise as to such party except to the extent such party's claim

is:

a. in lieu of and identical to the claim that would have

been made by the claimant directly but for the

appointment of said representative or indispensable

party, and participation of such other party is in

lieu of and not in addition to pursuit of the claim by

the patron, and

b. the claim of such other party would have been subject

to a consent to suit hereunder if it had been made by

the claimant directly.

D. Remedies in the Event of No or Inadequate Insurance for Tort

Claim. In the event a tort claim is made and there is no, or

inadequate, insurance in effect as required under this Compact, the

enterprise shall be deemed to be in default hereunder unless, within

ten (10) days of a demand by the SCA or a claimant to do so, the

enterprise has posted in an irrevocable escrow account at a state or

federally chartered bank which is not owned or controlled by the

tribe, sufficient cash, a bond or other security sufficient to cover

any award that might be made within the limits set forth in

paragraph 1 of subsection A of this Part, and informs the claimant

and the state of:

1. The posting of the cash or bond;

2. The means by which the deposit can be independently verified

as to the amount and the fact that it is irrevocable until the

matter is finally resolved;

3. The right of the claimant to have this claim satisfied from

the deposit if the claimant is successful on the claim; and

4. The notice and hearing opportunities in accordance with the

tribe's tort law, if any, otherwise in accordance with principles of

due process, which will be afforded to the claimant so that the

intent of this Compact to provide claimants with a meaningful

opportunity to seek a just remedy under fair conditions will be

fulfilled.

Oklahoma Statutes - Title 3A. Amusements and Sports Page 107

Part 7. ENFORCEMENT OF COMPACT PROVISIONS

A. The tribe and TCA shall be responsible for regulating

activities pursuant to this Compact. As part of its

responsibilities, the tribe shall require the enterprise do the

following:

1. Operate the conduct of covered games in compliance with this

Compact, including, but not limited to, the standards and the

tribe's rules and regulations;

2. Take reasonable measures to assure the physical safety of

enterprise patrons and personnel, prevent illegal activity at the

facility, and protect any rights of patrons under the Indian Civil

Rights Act, 25 U.S.C., Sec. 1302-1303;

3. Promptly notify appropriate law enforcement authorities of

persons who may be involved in illegal acts in accordance with

applicable law;

4. Assure that the construction and maintenance of the facility

meets or exceeds federal and tribal standards for comparable

buildings; and

5. Prepare adequate emergency access plans to ensure the health

and safety of all covered game patrons. Upon the finalization of

emergency access plans, the TCA or enterprise shall forward copies

of such plans to the SCA.

B. All licenses for members and employees of the TCA shall be

issued according to the same standards and terms applicable to

facility employees. The TCA shall employ qualified compliance

officers under the authority of the TCA. The compliance officers

shall be independent of the enterprise, and shall be supervised and

accountable only to the TCA. A TCA compliance officer shall be

available to the facility during all hours of operation upon

reasonable notice, and shall have immediate access to any and all

areas of the facility for the purpose of ensuring compliance with

the provisions of this Compact. The TCA shall investigate any such

suspected or reported violation of this Compact and shall require

the enterprise to correct such violations. The TCA shall officially

enter into its files timely written reports of investigations and

any action taken thereon, and shall forward copies of such reports

to the SCA within fifteen (15) days of such filing. Any such

violations shall be reported immediately to the TCA, and the TCA

shall immediately forward the same to the SCA. In addition, the TCA

shall promptly report to the SCA any such violations which it

independently discovers.

C. In order to develop and foster a positive and effective

relationship in the enforcement of the provisions of this Compact,

representatives of the TCA and the SCA shall meet, not less than on

an annual basis, to review past practices and examine methods to

improve the regulatory scheme created by this Compact. The meetings

shall take place at a location mutually agreed to by the TCA and the

Oklahoma Statutes - Title 3A. Amusements and Sports Page 108

SCA. The SCA, prior to or during such meetings, shall disclose to

the TCA any concerns, suspected activities, or pending matters

reasonably believed to possibly constitute violations of this

Compact by any person, organization or entity, if such disclosure

will not compromise the interest sought to be protected.

Part 8. STATE MONITORING OF COMPACT

A. The SCA shall, pursuant to the provisions of this Compact,

have the authority to monitor the conduct of covered games to ensure

that the covered games are conducted in compliance with the

provisions of this Compact. In order to properly monitor the

conduct of covered games, agents of the SCA shall have reasonable

access to all areas of the facility related to the conduct of

covered games as provided herein:

1. Access to the facility by the SCA shall be during the

facility's normal operating hours only; provided that to the extent

such inspections are limited to areas of the facility where the

public is normally permitted, SCA agents may inspect the facility

without giving prior notice to the enterprise;

2. Any suspected or claimed violations of this Compact or of

law shall be directed in writing to the TCA; SCA agents shall not

interfere with the functioning of the enterprise; and

3. Before SCA agents enter any nonpublic area of the facility,

they shall provide proper photographic identification to the TCA.

SCA agents shall be accompanied in nonpublic areas of the facility

by a TCA agent. A one-hour notice by SCA to the TCA may be required

to assure that a TCA officer is available to accompany SCA agents at

all times.

B. Subject to the provisions herein, agents of the SCA shall

have the right to review and copy documents of the enterprise

related to its conduct of covered games. The review and copying of

such documents shall be during normal business hours or hours

otherwise at tribe's discretion. However, the SCA shall not be

permitted to copy those portions of any documents of the enterprise

related to its conduct of covered games that contain business or

marketing strategies or other proprietary and confidential

information of the enterprise, including, but not limited to,

customer lists, business plans, advertising programs, marketing

studies, and customer demographics or profiles. No documents of the

enterprise related to its conduct of covered games or copies thereof

shall be released to the public by the state under any

circumstances. All such documents shall be deemed confidential

documents owned by the tribe and shall not be subject to public

release by the state.

C. At the completion of any SCA inspection or investigation,

the SCA shall forward a written report thereof to the TCA. The TCA

shall be apprised on a timely basis of all pertinent,

nonconfidential information regarding any violation of federal,

Oklahoma Statutes - Title 3A. Amusements and Sports Page 109

state, or tribal laws, the rules or regulations, or this Compact.

Nothing herein prevents the SCA from contacting tribal or federal

law enforcement authorities for suspected criminal wrongdoing

involving the TCA. TCA may interview SCA inspectors upon reasonable

notice and examine work papers and SCA in the same fashion that SCA

inspectors may examine auditors' notes and make auditor inquiry

unless providing such information to the TCA will compromise the

interests sought to be protected. If the SCA determines that

providing the information to the TCA will compromise the interests

sought to be protected, then the SCA shall provide such information

to the tribe in accordance with Part 13 of this Compact.

D. Nothing in this Compact shall be deemed to authorize the

state to regulate the tribe's government, including the TCA, or to

interfere in any way with the tribe's selection of its governmental

officers, including members of the TCA; provided, however, the SCA

and the tribe, upon request of the tribe, shall jointly employ, at

the tribe's expense, an independent firm to perform on behalf of the

SCA the duties set forth in subsections A and B of this Part.

Part 9. JURISDICTION

This Compact shall not alter tribal, federal or state civil

adjudicatory or criminal jurisdiction.

Part 10. LICENSING

A. 1. Except as provided in paragraph 6 of Part 3 of this

Compact, no covered game employee shall be employed at a facility or

by an enterprise unless such person is licensed in accordance with

this Compact. In addition to the provisions of this Part which are

applicable to the licensing of all covered game employees, the

requirements of 25 C.F.R., Part 556, Background Investigations for

Primary Management Officials and Key Employees, and 25 C.F.R., Part

558, Gaming Licenses for Key Employees and Primary Management

Officials, apply to Key Employees and Primary Management Officials

of the facility and enterprise.

2. All prospective covered game employees shall apply to the

TCA for a license. Licenses shall be issued for periods of no more

than two (2) years, after which they may be renewed only following

review and update of the information upon which the license was

based; provided, the TCA may extend the period in which the license

is valid for a reasonable time pending the outcome of any

investigation being conducted in connection with the renewal of such

license. In the event the SCA contends that any such extension is

unreasonable, it may seek resolution of that issue pursuant to Part

11 of this Compact.

3. The application process shall require the TCA to obtain

sufficient information and identification from the applicant to

permit a background investigation to determine if a license should

be issued in accordance with this Part and the rules and

Oklahoma Statutes - Title 3A. Amusements and Sports Page 110

regulations. The TCA shall obtain information about a prospective

covered game employee that includes:

a. full name, including any aliases by which applicant

has ever been known,

b. social security number,

c. date and place of birth,

d. residential addresses for the past five (5) years,

e. employment history for the past five (5) years,

f. driver license number,

g. all licenses issued and disciplinary charges filed,

whether or not discipline was imposed, by any state or

tribal regulatory authority,

h. all criminal arrests and proceedings, except for minor

traffic offenses, to which the applicant has been a

party,

i. a set of fingerprints,

j. a current photograph,

k. military service history, and

l. any other information the TCA determines is necessary

to conduct a thorough background investigation.

4. Upon obtaining the required initial information from a

prospective covered game employee, the TCA shall forward a copy of

such information to the SCA, along with any determinations made with

respect to the issuance or denial of a temporary or permanent

license. The SCA may conduct its own background investigation of

the applicant at SCA expense, shall notify the TCA of such

investigation within a reasonable time from initiation of the

investigation, and shall provide a written report to the TCA of the

outcome of such investigation within a reasonable time from the

receipt of a request from the TCA for such information. SCA

inspector field notes and the SCA inspector shall be available upon

reasonable notice for TCA review and inquiry.

5. The TCA may issue a temporary license for a period not to

exceed ninety (90) days, and the enterprise may employ on a

probationary basis, any prospective covered game employee who

represents in writing that he or she meets the standards set forth

in this Part, provided the TCA or enterprise is not in possession of

information to the contrary. The temporary license shall expire at

the end of the ninety-day period or upon issuance or denial of a

permanent license, whichever event occurs first. Provided that the

temporary license period may be extended at the discretion of the

TCA so long as good faith efforts are being made by the applicant to

provide required information, or the TCA is continuing to conduct

its investigation or is waiting on information from others, and

provided further that in the course of such temporary or extended

temporary licensing period, no information has come to the attention

of the TCA which, in the absence of countervailing information then

Oklahoma Statutes - Title 3A. Amusements and Sports Page 111

in the record, would otherwise require denial of license. A

permanent license shall be issued or denied within a reasonable time

following the completion of the applicant's background

investigation.

6. In covered gaming the tribe shall not employ and shall

terminate, and the TCA shall not license and shall revoke a license

previously issued to, any covered game employee who:

a. has been convicted of any felony or an offense related

to any covered games or other gaming activity,

b. has knowingly and willfully provided false material,

statements or information on his or her employment

application, or

c. is a person whose prior activities, criminal record,

or reputation, habits, and associations pose a threat

to the public interest or to the effective regulation

and control of the conduct of covered games, or create

or enhance the dangers of unsuitable, unfair, or

illegal practices, methods, and activities in the

conduct of covered games or the carrying on of the

business and financial arrangements incidental

thereto.

7. The SCA may object to the employment of any individual by

the enterprise based upon the criteria set forth in paragraph 6 of

subsection A of this Part. Such objection shall be in writing

setting forth the basis of the objection. The SCA inspector's work

papers, notes and exhibits which formed the SCA conclusion shall be

available upon reasonable notice for TCA review. The enterprise

shall have discretion to employ an individual over the objection of

the SCA.

8. The TCA shall have the discretion to initiate or continue a

background investigation of any licensee or license applicant and to

take appropriate action with respect to the issuance or continued

validity of any license at any time, including suspending or

revoking such license.

9. The TCA shall require all covered game employees to wear, in

plain view, identification cards issued by the TCA which include a

photograph of the employee, his or her first name, a four-digit

identification number unique to the license issued to the employee,

a tribal seal or signature verifying official issuance of the card,

and a date of expiration, which shall not extend beyond such

employee's license expiration date.

B. 1. Any person or entity who, directly or indirectly,

provides or is likely to provide at least Twenty-five Thousand

Dollars ($25,000.00) in goods or services to the enterprise in any

twelve-month period, or who has received at least Twenty-five

Thousand Dollars ($25,000.00) for goods or services provided to the

enterprise in any consecutive twelve-month period within the

Oklahoma Statutes - Title 3A. Amusements and Sports Page 112

immediately preceding twenty-four-month period, or any person or

entity who provides through sale, lease, rental or otherwise covered

games, or parts, maintenance or service in connection therewith to

the tribe or the enterprise at any time and in any amount, shall be

licensed by the TCA prior to the provision thereof. Provided, that

attorneys or certified public accountants and their firms shall be

exempt from the licensing requirement herein to the extent that they

are providing services covered by their professional licenses.

2. Background investigations and licensing shall follow the

same process and apply the same criteria as for covered game

employees set forth in paragraph 6 of subsection A of this Part.

3. In the case of a license application of any entity, all

principals thereof shall be subjected to the same background

investigation required for the licensing of a covered game employee,

but no license as such need be issued; provided, no license shall be

issued to the entity if the TCA determines that one or more of its

principals will be persons who would not be qualified to receive a

license if they applied as covered game employees.

4. Nothing herein shall prohibit the TCA from processing and

issuing a license to a principal in his or her own name.

5. Licenses issued under this subsection shall be reviewed at

least every two (2) years for continuing compliance, and shall be

promptly revoked if the licensee is determined to be in violation of

the standards set forth in paragraph 6 of subsection A of this Part.

In connection with such a review, the TCA shall require the person

or entity to update all information provided in the previous

application.

6. The enterprise shall not enter into, or continue to make

payments pursuant to, any contract or agreement for the provision of

goods or services with any person or entity who does not meet the

requirements of this Part including, but not limited to, any person

or entity whose application to the TCA for a license has been

denied, or whose license has expired or been suspended or revoked.

7. Pursuant to 25 C.F.R., Part 533, all management contracts

must be approved by the Chair of the National Indian Gaming

Commission. The SCA shall be notified promptly after any such

approval.

8. In addition to any licensing criteria set forth above, if

any person or entity seeking licensing under this subsection is to

receive any fee or other payment based on the revenues or profits of

the enterprise, the TCA may take into account whether or not such

fee or other payment is fair in light of market conditions and

practices.

C. 1. Subject to the exceptions set forth in paragraph 4 of

this subsection, any person or entity extending financing, directly

or indirectly, to the facility or enterprise in excess of Fifty

Thousand Dollars ($50,000.00) in any twelve-month period shall be

Oklahoma Statutes - Title 3A. Amusements and Sports Page 113

licensed prior to providing such financing. Principals thereof

shall be subjected to background investigations and determinations

in accordance with the procedures and standards set forth in

subsection A of this Part. Licenses issued under this section shall

be reviewed at least every two (2) years for continuing compliance,

and shall be promptly revoked if the licensee is determined to be in

violation of the standards set forth in paragraph 6 of subsection A

of this Part. In connection with such a review, the TCA shall

require the person or entity to update all information provided in

the previous application.

2. The SCA shall be notified of all financing and loan

transactions with respect to covered games or supplies in which the

amount exceeds Fifty Thousand Dollars ($50,000.00) in any twelve-

month period, and shall be entitled to review copies of all

agreements and documents in connection therewith.

3. A supplier of goods or services who provides financing

exclusively in connection with the sale or lease of covered games

equipment or supplies shall be licensed solely in accordance with

licensing procedures applicable, if at all, to such suppliers

herein.

4. Financing provided by a federally regulated or state-

regulated bank, savings and loan, or trust, or other federally or

state-regulated lending institution; any agency of the federal,

state, tribal or local government; or any person or entity,

including, but not limited to, an institutional investor who, alone

or in conjunction with others, lends money through publicly or

commercially traded bonds or other commercially traded instruments,

including but not limited to the holders of such bonds or

instruments or their assignees or transferees, or which bonds or

commercially traded instruments are underwritten by any entity whose

shares are publicly traded or which underwriter, at the time of the

underwriting, has assets in excess of One Hundred Million Dollars

($100,000,000.00), shall be exempt from the licensing and background

investigation requirements in subsection B of this Part or this

subsection.

D. In the event the SCA objects to a lender, vendor or any

other person or entity within subsection B or C of this Part seeking

to do business with the enterprise, or to the continued holding of a

license by such person or entity, it may notify the TCA of its

objection. The notice shall set forth the basis of the objection

with sufficient particularity to enable the TCA to investigate the

basis of the objection. The SCA inspector and SCA inspector field

notes shall be available for TCA review and inquiry. Within a

reasonable time after such notification, the TCA shall report to the

SCA on the outcome of its investigation and of any action taken or

decision not to take action.

Part 11. EXCLUSIVITY AND FEES

Oklahoma Statutes - Title 3A. Amusements and Sports Page 114

A. The parties acknowledge and recognize that this Compact

provides tribes with substantial exclusivity and, consistent with

the goals of IGRA, special opportunities for tribal economic

opportunity through gaming within the external boundaries of

Oklahoma in respect to the covered games. In consideration thereof,

so long as the state does not change its laws after the effective

date of this Compact to permit the operation of any additional form

of gaming by any such organization licensee, or change its laws to

permit any additional electronic or machine gaming within Oklahoma,

the tribe agrees to pay the following fees:

1. The tribe covenants and agrees to pay to the state a fee

derived from covered game revenues calculated as set forth in

paragraph 2 of this subsection. Such fee shall be paid no later

than the twentieth day of the month for revenues received by the

tribe in the preceding month; and

2. The fee shall be:

a. four percent (4%) of the first Ten Million Dollars

($10,000,000.00) of adjusted gross revenues received

by a tribe in a calendar year from the play of

electronic amusement games, electronic bonanza-style

bingo games and electronic instant bingo games,

b. five percent (5%) of the next Ten Million Dollars

($10,000,000.00) of adjusted gross revenues received

by a tribe in a calendar year from the play of

electronic amusement games, electronic bonanza-style

bingo games and electronic instant bingo games,

c. six percent (6%) of all subsequent adjusted gross

revenues received by a tribe in a calendar year from

the play of electronic amusement games, electronic

bonanza-style bingo games and electronic instant bingo

games, and

d. ten percent (10%) of the monthly net win of the common

pool(s) or pot(s) from which prizes are paid for

nonhouse-banked card games. The tribe is entitled to

keep an amount equal to state payments from the common

pool(s) or pot(s) as part of its cost of operating the

games.

Payments of such fees shall be made to the Treasurer of the

State of Oklahoma. Nothing herein shall require the allocation of

such fees to particular state purposes, including, but not limited

to, the actual costs of performing the state's regulatory

responsibilities hereunder.

B. Annual oversight assessment. In addition to the fee

provided for in subsection A of this Part, the state shall be

entitled to payment for its costs incurred in connection with the

oversight of covered games to the extent provided herein, "annual

oversight assessment". The annual oversight assessment, which shall

Oklahoma Statutes - Title 3A. Amusements and Sports Page 115

be Thirty-five Thousand Dollars ($35,000.00), shall be determined

and paid in advance on a fiscal year basis for each twelve (12)

months ending on June 30 of each year.

C. Upon the effective date of this Compact, the tribe shall

deposit with the SCA the sum of Fifty Thousand Dollars ($50,000.00)

("start-up assessment"). The purpose of the start-up assessment

shall be to assist the state in initiating its administrative and

oversight responsibilities hereunder and shall be a one-time payment

to the state for such purposes.

D. Nothing in this Compact shall be deemed to authorize the

state to impose any tax, fee, charge or assessment upon the tribe or

enterprise except as expressly authorized pursuant to this Compact;

provided that, to the extent that the tribe is required under

federal law to report prizes awarded, the tribe agrees to copy such

reports to the SCA.

E. In consideration for the covenants and agreements contained

herein, the state agrees that it will not, during the term of this

Compact, permit the nontribal operation of any machines or devices

to play covered games or electronic or mechanical gaming devices

otherwise presently prohibited by law within the state in excess of

the number and outside of the designated locations authorized by the

State-Tribal Gaming Act. The state recognizes the importance of

this provision to the tribe and agrees, in the event of a breach of

this provision by the state, to require any nontribal entity which

operates any such devices or machines in excess of such number or

outside of the designated location to remit to the state at least

quarterly no less than fifty percent (50%) of any increase in the

entities' adjusted gross revenues following the addition of such

excess machines. The state further agrees to remit at least

quarterly to eligible tribes, as liquidated damages, a sum equal to

fifty percent (50%) of any increase in the entities' adjusted gross

revenues following the addition of such excess machines. For

purposes of this Part, "eligible tribes" means those tribes which

have entered into this Compact and are operating gaming pursuant to

this Compact within forty-five (45) miles of an entity which is

operating covered game machines in excess of the number authorized

by, or outside of the location designated by, the State-Tribal

Gaming Act. Such liquidated damages shall be allocated pro rata to

eligible tribes based on the number of covered game machines

operated by each Eligible Tribe in the time period when such

adjusted gross revenues were generated.

F. In consideration for the covenants and agreements contained

herein, the tribe agrees that in the event it has currently or

locates in the future a facility within a radius of twenty (20)

miles from a recipient licensee as that term is defined in

subsection K of Section 263 of this title that it shall comply with

the requirements of subsection K of Section 263 of this title.

Oklahoma Statutes - Title 3A. Amusements and Sports Page 116

Part 12. DISPUTE RESOLUTION

In the event that either party to this Compact believes that the

other party has failed to comply with any requirement of this

Compact, or in the event of any dispute hereunder, including, but

not limited to, a dispute over the proper interpretation of the

terms and conditions of this Compact, the following procedures may

be invoked:

1. The goal of the parties shall be to resolve all disputes

amicably and voluntarily whenever possible. A party asserting

noncompliance or seeking an interpretation of this Compact first

shall serve written notice on the other party. The notice shall

identify the specific Compact provision alleged to have been

violated or in dispute and shall specify in detail the asserting

party's contention and any factual basis for the claim.

Representatives of the tribe and state shall meet within thirty (30)

days of receipt of notice in an effort to resolve the dispute;

2. Subject to the limitation set forth in paragraph 3 of this

Part, either party may refer a dispute arising under this Compact to

arbitration under the rules of the American Arbitration Association

(AAA), subject to enforcement or pursuant to review as provided by

paragraph 3 of this Part by a federal district court. The remedies

available through arbitration are limited to enforcement of the

provisions of this Compact. The parties consent to the jurisdiction

of such arbitration forum and court for such limited purposes and no

other, and each waives immunity with respect thereto. One

arbitrator shall be chosen by the parties from a list of qualified

arbitrators to be provided by the AAA. If the parties cannot agree

on an arbitrator, then the arbitrator shall be named by the AAA.

The expenses of arbitration shall be borne equally by the parties.

A party asserting noncompliance or seeking an interpretation of

this Compact under this section shall be deemed to have certified

that to the best of the party's knowledge, information, and belief

formed after reasonable inquiry, the claim of noncompliance or the

request for interpretation of this Compact is warranted and made in

good faith and not for any improper purpose, such as to harass or to

cause unnecessary delay or the needless incurring of the cost of

resolving the dispute. If the dispute is found to have been

initiated in violation of this Part, the Arbitrator, upon request or

upon his or her own initiative, shall impose upon the violating

party an appropriate sanction, which may include an award to the

other party of its reasonable expenses incurred in having to

participate in the arbitration; and

3. Notwithstanding any provision of law, either party to the

Compact may bring an action against the other in a federal district

court for the de novo review of any arbitration award under

paragraph 2 of this Part. The decision of the court shall be

subject to appeal. Each of the parties hereto waives immunity and

Oklahoma Statutes - Title 3A. Amusements and Sports Page 117

consents to suit therein for such limited purposes, and agrees not

to raise the Eleventh Amendment to the United States Constitution or

comparable defense to the validity of such waiver.

Nothing herein shall be construed to authorize a money judgment

other than for damages for failure to comply with an arbitration

decision requiring the payment of monies.

Part 13. CONSTRUCTION OF COMPACT; FEDERAL APPROVAL

A. Each provision, section, and subsection of this Compact

shall stand separate and independent of every other provision,

section, or subsection. In the event that a federal district court

shall find any provision, section, or subsection of this Compact to

be invalid, the remaining provisions, sections, and subsections of

this Compact shall remain in full force and effect, unless the

invalidated provision, section or subsection is material.

B. Each party hereto agrees to defend the validity of this

Compact and the legislation in which it is embodied. This Compact

shall constitute a binding agreement between the parties and shall

survive any repeal or amendment of the State-Tribal Gaming Act.

C. The parties shall cooperate in seeking approval of this

Compact from an appropriate federal agency as a tribal-state compact

under the Indian Gaming Regulatory Act.

D. The standards for electronic bonanza-style bingo games,

electronic instant bingo games and electronic amusement games

established in the State-Tribal Gaming Act as enacted in 2004, and,

at the election of the tribe, any standards contained in the

Oklahoma Horse Racing Commission rules issued pursuant to subsection

B of Section 268 of this title are hereby incorporated in this

Compact and shall survive any repeal of the State-Tribal Gaming Act,

or any games authorized thereunder. In the event that any of said

standards are changed by amendment of the State-Tribal Gaming Act,

the tribe shall have the option to incorporate said changes into

this Compact by delivery of written notice of said changes to the

Governor and the SCA.

Part 14. NOTICES

All notices required under this Compact shall be given by

certified mail, return receipt requested, commercial overnight

courier service, or personal delivery, to the following persons:

Governor

Chair, State-Tribal Relations Committee

Attorney General

[Principal Chief, Governor or Chair]

[Name of Tribe]

[Address]

With copies to:

_______________________

_______________________

Part 15. DURATION AND NEGOTIATION

Oklahoma Statutes - Title 3A. Amusements and Sports Page 118

A. This Compact shall become effective upon the last date of

the satisfaction of the following requirements:

1. Due execution on behalf of the tribe, including obtaining

all tribal resolutions and completing other tribal procedures as may

be necessary to render the tribe's execution effective;

2. Approval of this Compact by the Secretary of the Interior as

a tribal-state compact within the meaning of IGRA and publication in

the Federal Register or satisfaction of any other requirement of

federal law; and

3. Payment of the start-up assessment provided for in

subsection C of Part 11 of this Compact.

B. This Compact shall have a term which will expire on January

1, 2020, and at that time, if organization licensees or others are

authorized to conduct electronic gaming in any form other than pari-

mutuel wagering on live horse racing pursuant to any governmental

action of the state or court order following the effective date of

this Compact, the Compact shall automatically renew for successive

additional fifteen-year terms; provided that, within one hundred

eighty (180) days of the expiration of this Compact or any renewal

thereof, either the tribe or the state, acting through its Governor,

may request to renegotiate the terms of subsections A and E of Part

11 of this Compact.

C. This Compact shall remain in full force and effect until the

sooner of expiration of the term or until the Compact is terminated

by mutual consent of the parties.

D. This Compact may be terminated by state upon thirty (30)

days' prior written notice to the tribe in the event of either (1) a

material breach by the tribe of the terms of a tobacco Compact with

the state as evidenced by a final determination of material breach

from the dispute resolution forum agreed upon therein, including

exhaustion of all available appellate remedies therefrom, or (2) the

tribe's failure to comply with the provisions of Section 346 et seq.

of Title 68 of the Oklahoma Statutes, provided that the tribe may

cure either default within the thirty-day notice period, or within

such additional period as may be reasonably required to cure the

default, in order to preserve continuation of this Compact.

The state hereby agrees that this subsection is severable from

this Compact and shall automatically be severed from this Compact in

the event that the United States Department of the Interior

determines that these provisions exceed the state's authority under

IGRA.

Part 16. AUTHORITY TO EXECUTE

This Compact, as an enactment of the people of Oklahoma, is

deemed approved by the State of Oklahoma. No further action by the

state or any state official is necessary for this Compact to take

effect upon approval by the Secretary of the Interior and

publication in the Federal Register. The undersigned tribal

Oklahoma Statutes - Title 3A. Amusements and Sports Page 119

official(s) represents that he or she is duly authorized and has the

authority to execute this Compact on behalf of the tribe for whom he

or she is signing.

APPROVED:

[Name of Tribe]

____________________________ Date _________________

[CHIEF EXECUTIVE OFFICER]
Okla. Stat. tit. 3, § 3-401 — OK Code / Title 3 / Section 3-401
Competitive bidding process for contracts
Status: in_force

Contracts entered into for projects and activities of the

Oklahoma Department of Aerospace and Aeronautics relating to airport

and air navigation facility construction, maintenance and repair

shall be awarded using the competitive bidding process set forth in

the Public Competitive Bidding Act of 1974. The Department may

administer the competitive bidding process through the Department of

Transportation rather than the Office of Management and Enterprise

Services.
Okla. Stat. tit. 3A, § 3A-208.3a — OK Code / Title 3A / Section 3A-208.3a
Oklahoma Breeding Development Administration Revolving
Status: in_force

Fund.

A. There is hereby created in the State Treasury a revolving

fund for the Oklahoma Horse Racing Commission, to be designated the

"Oklahoma Breeding Development Administration Revolving Fund". The

fund shall be a continuing fund, not subject to fiscal year

limitations, and shall consist of all monies received by the

Commission from transfers made pursuant to paragraph 6 of subsection

B of Section 208.3 of this title. All monies accruing to the credit

of said fund are hereby appropriated and may be budgeted and

expended by the Commission for the purpose of administering the

Oklahoma Breeding Development Program, or additions to purses of

Oklahoma-bred races, and for no other purpose. 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.

B. Monies received by and expenditures from said fund shall be

subject to an annual audit pursuant to paragraph 6 of subsection B

and subsection E of Section 208.3 of this title.

At the close of each fiscal year any unencumbered, unobligated,

and unexpended monies in the Oklahoma Breeding Development

Administration Revolving Fund shall be transferred to the Oklahoma

Breeding Development Fund Special Account.
Okla. Stat. tit. 3, § 3-65.12v2 — OK Code / Title 3 / Section 3-65.12v2
Application of airport revenues and sale proceeds
Status: in_force

The revenues obtained by a municipality from the ownership,

control or operation of any airport, vertiport, or air navigation

facility, including proceeds from the sale of any airport,

vertiport, or portion thereof of air navigation facility property,

shall be deposited in a special fund to be designated the “Airport

Fund”, which revenues shall be appropriated solely to, and used by

the municipality for, the purposes authorized by the Municipal

Airports Act.
Okla. Stat. tit. 3, § 3-301 — OK Code / Title 3 / Section 3-301
Operation of aircraft under influence of intoxicants -
Status: in_force

Definitions - Penalties - Treatment.

A. It is unlawful and punishable as provided in subsection D of

this section for any person to operate an aircraft within this state

who:

1. Has a blood or breath alcohol concentration, as defined in

Section 305 of this title, of four-hundredths (0.04) or more within

two (2) hours after the arrest of such person; or

2. Is under the influence of any intoxicant.

B. The fact that any person charged with a violation of this

section is or has been lawfully entitled to use an intoxicant shall

not constitute a defense against any charge of violating this

section.

C. As used in Sections 301 through 308 of this title:

1. “Intoxicant” means:

a. any beverage containing alcohol,

b. any controlled dangerous substance as defined in the

Uniform Controlled Dangerous Substances Act, Section

2-101 et seq. of Title 63 of the Oklahoma Statutes,

c. any substance which is capable of being ingested,

inhaled, injected or absorbed into the human body and

is capable of adversely affecting the central nervous

Oklahoma Statutes - Title 3. Aircraft and Airports Page 102

system, vision, hearing or other sensory or motor

functions of the human body, and

d. any combination of alcohol, controlled dangerous

substances, and substances capable of being ingested,

inhaled, injected or absorbed into the human body and

capable of adversely affecting the central nervous

system, vision, hearing or other sensory or motor

functions of the human body; and

2. “Operate” means manipulating any of the levers, the starting

mechanism, the brakes or other mechanism or device of an aircraft,

setting in motion any aircraft, or piloting any aircraft.

D. Every person who is convicted of a violation of the

provisions of this section shall be deemed guilty of a misdemeanor

for the first offense and shall be punished by imprisonment in jail

for not less than ten (10) days nor more than one (1) year, and a

fine of not more than One Thousand Dollars ($1,000.00). Any person

who within ten (10) years after a previous conviction of a violation

of this section is convicted of a second or subsequent offense

pursuant to the provisions of this section or has a prior conviction

within ten (10) years prior to the conviction pursuant to the

provisions of this section, in a municipal criminal court of record

for the violation of a municipal ordinance prohibiting the offense

provided for in subsection A of this section shall be guilty of a

Class D1 felony offense and shall be sentenced as provided for in

subsections B through F of Section 20N of Title 21 of the Oklahoma

Statutes, and a fine of not to exceed Two Thousand Five Hundred

Dollars ($2,500.00); provided, such fine shall be in addition to

other punishment provided by law and shall not be imposed in lieu of

other punishment. When a sentence of incarceration is imposed, the

person shall be processed through the Lexington Assessment and

Reception Center or at a place determined by the Director of the

Department of Corrections. If the person is evaluated to be

receptive to treatment and not deemed by the Department of

Corrections to be a security risk, the person shall be assigned to

the Department of Mental Health and Substance Abuse Services for

substance abuse treatment. The inmate shall be required to

reimburse the Department of Mental Health and Substance Abuse

Services for all or part of the actual cost incurred for treatment

of the inmate while the inmate was assigned to the Department of

Mental Health and Substance Abuse Services, if at the time the

sentence of incarceration was imposed, the court determined that the

convicted person has the ability to pay for all or part of the cost

of treatment. The court shall determine the amount of reimbursement

the convicted person shall pay. While assigned to such a Department

of Mental Health and Substance Abuse Services treatment program the

inmate shall comply with the rules and regulations as agreed upon by

the Department of Mental Health and Substance Abuse Services and the

Oklahoma Statutes - Title 3. Aircraft and Airports Page 103

Department of Corrections. Any infraction of said rules may result

in the inmate's reassignment to a correctional facility of the

Department of Corrections. Upon successful completion of the

treatment program the person shall be properly reassigned by the

Department of Corrections for the completion of the sentence imposed

by the court. Prior to discharge from the treatment facility, the

treatment facility shall forward to the Department of Corrections a

report and discharge summary including arrangements and

recommendations for further disposition and follow-up treatment. If

the person is evaluated not to be receptive to treatment or is

evaluated to be a security risk, the inmate shall be assigned to a

state correctional facility according to normal Department of

Corrections classification procedures. In the event a felony

conviction does not result in a sentence of incarceration as

provided for in this subsection, the person shall be required to

serve not less than ten (10) days of community service, or to

undergo in-patient rehabilitation or treatment in a public or

private facility with at least minimum security for a period of not

less than forty-eight (48) consecutive hours, notwithstanding the

provisions of Sections 991a, 991a-2 and 996.3 of Title 22 of the

Oklahoma Statutes.

E. Any person who is found guilty of a violation of the

provisions of this section may be referred, prior to sentencing, to

an alcoholism evaluation facility designated by the Department of

Mental Health and Substance Abuse Services for the purpose of

evaluating the receptivity to treatment and prognosis of the person.

The court shall order the person to reimburse the facility for the

evaluation in an amount not to exceed Seventy-five Dollars ($75.00).

The facility shall, within seventy-two (72) hours, submit a written

report to the court for the purpose of assisting the court in its

final sentencing determination.