THE ATTORNEY GENERAL HAS ASKED ME TO RESPOND TO YOUR REQUEST FOR AN OPINION REGARDING THE CONSTITUTIONALITY OF CERTAIN PROVISIONS OF THE OCCUPATION LICENSE APPLICATION (THE "APPLICATION") DISTRIBUTED BY THE OKLAHOMA HORSE RACING COMMISSION. AFTER STUDYING THE PROVISIONS IN THE APPLICATION WHICH YOU NOTED AND RESEARCHING THE ISSUES RAISED BY YOUR REQUEST, IT WOULD APPEAR BOTH POSSIBLE AND APPROPRIATE TO ANSWER YOUR REQUEST INFORMALLY.
THE DISCUSSION WHICH FOLLOWS IS NOT AN OFFICIAL OPINION OF THE ATTORNEY GENERAL. RATHER, THE ANALYSIS AND CONCLUSIONS WHICH FOLLOW, WHILE SOLELY MY OWN, HAVE BEEN REACHED AFTER CAREFUL RESEARCH OF THE QUESTIONS YOU HAVE RAISED.
THE FIRST PROVISION OF THE APPLICATION ABOUT WHICH YOU HAVE RAISED CONCERNS IS THE WORKERS' COMPENSATION ACT COMPLIANCE SECTION. THAT PROVISION SIMPLY REQUIRES THAT EACH APPLICANT DECLARE WHETHER HE HAS EMPLOYEES WHICH WOULD SUBJECT HIM TO LIABILITY FOR WORKERS' COMPENSATION; IF SO, THE APPLICANT IS REQUIRED TO PROVIDE INFORMATION WHICH VERIFIES THAT THE APPLICANT HAS WORKERS' COMPENSATION INSURANCE (OR HAS MADE OTHER LEGALLY SUFFICIENT ARRANGEMENTS FOR COVERAGE). THE OTHER AREA OF CONCERN IN THE APPLICATION, WHICH YOU NOTED IN YOUR REQUEST, IS THE FINAL PARAGRAPH THEREIN. THAT PARAGRAPH REQUIRES THAT APPLICANTS CONSENT TO ADMINISTRATIVE SEARCHES AND THAT APPLICANTS AUTHORIZE A BACKGROUND INVESTIGATION.
GENERAL AUTHORITY OF THE OKLAHOMA HORSE RACING COMMISSION (THE "COMMISSION") IS FOUND AT 3A O.S. 203 (1991), ET SEQ. TITLE 3A O.S. 203.7 (1991), PROVIDES:
"IN THE INTEREST OF PUBLIC HEALTH, SAFETY, AND WELFARE, IT IS HEREBY DECLARED TO BE THE PURPOSE AND INTENT OF THE OKLAHOMA HORSE RACING ACT TO VEST IN THE COMMISSION PLENARY POWER TO PROMULGATE RULES AND REGULATIONS FOR THE FORCEFUL CONTROL OF RACE MEETINGS HELD IN THIS STATE. THE RULES AND REGULATIONS SHALL:
1. ENCOURAGE AGRICULTURE AND THE BREEDING OF HORSES IN THIS STATE; AND
2. MAINTAIN RACE MEETINGS HELD IN THIS STATE OF THE HIGHEST QUALITY AND FREE OF ANY HORSE RACING PRACTICES WHICH ARE CORRUPT, INCOMPETENT, DISHONEST, OR UNPRINCIPLED; AND
3. DISSIPATE ANY CLOUD OF ASSOCIATION WITH THE UNDESIRABLE AND MAINTAIN THE APPEARANCE AS WELL AS THE FACT OF COMPLETE HONESTY AND INTEGRITY OF HORSE RACING IN THIS STATE; AND
4. GENERATE PUBLIC REVENUES."
TITLE 3A O.S. 204 (1992), PROVIDES, IN PART:
(TEXT OF THE STATUTE)
AS TO THE AUTHORITY OF THE LEGISLATURE TO REGULATE HORSE RACING IN GENERAL, THE OKLAHOMA SUPREME COURT HAS RULED "(T)HE RIGHT OF THE LEGISLATURE TO REGULATE OCCUPATIONS AND PROFESSIONS FOR THE PROTECTION OF THE LIVES, HEALTH, SAFETY AND WELFARE OF ITS PEOPLE IS UNQUESTIONED." SEMKE V. STATE EX REL. OKLAHOMA MOTOR VEHICLE COMMISSION, 465 P.2D 441, 445 (OKLA.1970). THIS INCLUDES THE AUTHORITY OF THE LEGISLATURE TO DEFINE AND DECLARE WHAT IS DEEMED TO BE INJURIOUS TO PUBLIC HEALTH, MORALS, SAFETY AND GENERAL WELFARE. ID. AT 445. THIS HAS BEEN SEEN TO UPHOLD LEGISLATIVE PROHIBITION OF OTHER GAMING ACTIVITIES IN THIS STATE. PRICKETT V. STATE, 201 P.2D 798 (OKL.CR.1949). EVERY PRESUMPTION IN FAVOR OF THE CONSTITUTIONALITY OF STATE REGULATION OF PRIVATE BUSINESS MUST BE GIVEN; HOWEVER, NO REGULATION OF BUSINESS BY THE LEGISLATURE WILL BE UPHELD