2017 ORS 462.057¹
License and other fees and purses
  • track fund

(1) A race meet licensee designated in subsection (2) of this section shall make payments as follows:

(a) License fee – $25 per fiscal year payable to the Oregon Racing Commission.

(b) A percentage of gross mutuel wagering shall be paid to the commission as follows:

(A) If the race meet is for horses or mules – one percent.

(B) If the race meet is for greyhounds – 1.6 percent.

(c) If the race meet is for horses or mules and the average daily gross mutuel wagering during the preceding fiscal year exceeded $150,000, a percentage of the gross mutuel wagering shall be paid as follows:

(A) To purses – such amount, subject to prior approval by the commission, as the race meet licensee and the horse owners, or mule owners if the race is for mules, may agree upon, plus an additional 0.1 percent. The additional 0.1 percent shall not become part of the regular purse account but shall be used only to supplement purses of races consisting exclusively of Oregon bred horses or mules;

(B) To the Oregon Thoroughbred Owners and Breeders Association, Incorporated, purse supplements for owners of Oregon bred thoroughbred horses – one percent of gross mutuel wagering on thoroughbred horse races, to be apportioned among the owners in the same ratio that each owner’s purses for Oregon bred thoroughbred horses for the race meet bears to the total purses for Oregon bred thoroughbred horses for the race meet;

(C) To the Oregon Quarter Horse Racing Association, Incorporated, purse supplements for owners of Oregon bred quarter horses – one percent of gross mutuel wagering on quarter horse races, to be apportioned among the owners in the same ratio that each owner’s purses for Oregon bred quarter horses for the race meet bears to the total purses for Oregon bred quarter horses for the race meet;

(D) To each association of horse or mule owners, trainers or breeders recognized by the commission as representing the other breeds of horses or mules not designated in subparagraphs (B) and (C) of this paragraph, purse supplements for owners of other Oregon bred horses or mules, not designated in subparagraphs (B) and (C) of this paragraph, one percent of gross mutuel wagering for races of other horses or mules, to be apportioned among the owners in the same ratio that each owner’s purses for other Oregon bred horses or mules for the race meet bears to the total purses for other Oregon bred horses or mules for the race meet;

(E) Subject to prior approval of the commission, each horse or mule owners, trainers or breeders association designated in subparagraphs (B), (C) and (D) of this paragraph may use a portion of the purse supplements as operating expenses only for receipt, handling and payment of these funds; and

(F) To a special track fund to be used primarily for improving the race track facilities benefiting the horse and mule owners, trainers or breeders in the barn area – 0.2 percent. All such funds shall be retained by the licensee in a separate account from all other funds and no disbursements or transfers shall be made therefrom without prior approval of the commission. All physical improvements paid from such funds shall satisfy reasonable fire, health, quality and construction standards established or approved by the commission. Unless the commission provides otherwise, such improvements shall be made on the race course where the race meet which created the fund was held.

(d) If the race meet is for greyhounds, a percentage of the gross mutuel wagering shall be paid as follows:

(A) To a special fund to be used primarily for the development and operation of a training track and related facilities upon which to train greyhounds – 0.1 percent. All such funds shall be retained by the licensee in a separate account from all other funds and no disbursements or transfers shall be made therefrom without prior approval of the commission. All physical improvements paid from such funds shall satisfy reasonable fire, health, quality and construction standards established or approved by the commission. Unless the commission provides otherwise, such improvements shall be made on the race course of the race meet licensee; and

(B) To the Oregon Greyhound Breeders Association, Incorporated, purse supplements for owners of Oregon bred greyhounds – 0.5 percent of gross mutuel wagering, to be apportioned among the owners, in accordance with the rules of the commission and subject to approval by the commission, in the same ratio that each owner’s purses for Oregon bred greyhounds for the race meet bears to the total purses for Oregon bred greyhounds for the race meet.

(2) Licensees subject to the provisions of this section are:

(a) The Pendleton Roundup.

(b) The Eastern Oregon Livestock Fair.

(c) The Pacific International Livestock Exposition.

(d) Any county fair.

(e) All other nonprofit, fair-type associations which conducted a licensed race meet in calendar year 1968 or 1969.

(f) The Pine Valley Fair Association. [1969 c.356 §6; 1971 c.130 §1; 1973 c.541 §1; 1975 c.550 §2; 1977 c.855 §2; 1979 c.698 §1; 1981 c.544 §4; 1983 c.740 §179a; 1989 c.210 §2; 1989 c.357 §4a; 1993 c.682 §1; 1997 c.865 §4; 2007 c.177 §3]

Notes of Decisions

Since state fair is re­quired by ORS 462.125 (Number and classes of race meets) to pay the fees specified in this sec­tion it is still “subject to” this sec­tion, even though it is not named therein. Rhine v. Racing Comm’n, 40 Or App 651, 596 P2d 576 (1979)

Atty. Gen. Opinions

Construing “primarily” for improving the race track facilities benefiting the horsemen in the barn area, (1972) Vol 35, p 1208

Chapter 462

Atty. Gen. Opinions

County imposing income tax on kennel club, (1980) Vol 40, p 316

1 Legislative Counsel Committee, CHAPTER 462—Racing, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors462.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 462, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano462.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.