71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 2749
 
                         House Bill 2776
 
Sponsored by Representative BOWMAN
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Eliminates requirement that racing be included as part of
Oregon State Fair.
 
                        A BILL FOR AN ACT
Relating to racing; amending ORS 462.055, 462.125, 565.020,
  565.050 and 565.080.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 462.055 is amended to read:
  462.055. (1) The Oregon Racing Commission may require of every
applicant for a license to hold a race meet, except the Oregon
State Fair  { + and Exposition Center + } and all county fairs,
that has not, within five fiscal years prior to making an
application for a license to hold a race meet, operated a race
meet in the county or the city in which application for a license
to hold a race meet is made, a recommendation in writing of the
board of county commissioners of the county in the event the race
meet is to be held outside of a city, and of the governing body
of such city if the race meet is to be held within a city.
  (2) The commission may take such recommendation into
consideration before granting or refusing such license. The
applicant shall pay an investigating fee not to exceed $100 to
the recommending authority, if any.
  SECTION 2. ORS 462.125 is amended to read:
  462.125. (1) The Oregon Racing Commission shall determine the
number and classes of race meets to be held in any fiscal year,
and the total number of racing dates to be granted to a licensee
subject to provisions of ORS 462.062 and 462.067.
  (2) Not more than 350 days of racing, exclusive of racing days
authorized to designated licensees pursuant to subsections (4)
and (5) of this section, shall be held in any metropolitan area
in any fiscal year. Race days shall be allocated to race meets
for horses (class A) and to race meets for greyhounds (class B)
in a manner not inconsistent with allocations made by the
commission for calendar years 1992 and 1993. However, not fewer
than nine live races must occur on 40 percent of all days on
which the commission authorizes pari-mutuel wagering for horse
races, or on 80 days, whichever is greater. None of the days
allocated in any metropolitan area to race meets for horses and
to race meets for greyhounds   { - shall - }  { +  may + }
overlap. Notwithstanding the race days allocations required by
this subsection, if a licensee fails, for good cause, to complete
all of the allocated days in a licensed race meet or if the
commission does not receive and approve license applications for
all of the days allocated to either class of racing, the
commission may add the unused or unallocated days no later than
June 30 of the following fiscal year, to the racing days
allocated to and available to the licensee or, in the discretion
of the commission, to any other licensee of either class of
racing in the metropolitan area. However, the additional racing
days granted by the commission to any eligible licensee
  { - shall - }  { +  may + } not exceed the total of the unused
or unallocated racing days in any one fiscal year. However, if an
emergency occurs on the day of racing, and a night racing program
 { - should run - }  { +  runs + } past the hour of midnight,
such time after midnight
  { - shall - }   { + is + } not   { - be - }  considered an
additional racing day.
  (3) As used in subsection (2) of this section, 'metropolitan
area' means:
  (a) Multnomah, Clackamas and Washington Counties.
  (b) Marion and Polk Counties.
  (c) Linn and Benton Counties.
  (d) A county other than those designated in paragraphs (a), (b)
and (c) of this subsection.
  (4) Each licensee designated in ORS 462.057 may be granted up
to 12 days of horse, mule or greyhound racing to be held within
the county in which the licensee holds its fair or show or at a
race course owned by a governmental agency or a nonprofit
corporation in an adjoining county. If a licensee does not use
all of its allocated race days during the fiscal year, the
commission, in its discretion, may allow that licensee to use the
leftover days in the next fiscal year. If a licensee referred to
in this subsection wishes to make application to the commission
to schedule racing days that conflict with racing days previously
scheduled by another such licensee, at least 30 days prior to the
date of a meeting of the commission, the governing bodies of the
applicant and the previous licensee shall meet at a time and
place prescribed by the previous licensee to discuss the
applicant's proposed racing day schedule. The conclusion of the
parties regarding the proposals for conflicting racing days and
the matters upon which the parties agree or disagree shall be
reduced to writing signed by the parties and submitted to the
commission not later than 14 days prior to a meeting of the
commission. The commission may approve or disapprove proposals
for conflicting racing days upon such terms and conditions as the
commission considers appropriate.
  (5) The Oregon State Fair  { + and Exposition Center + } may be
granted up to 65 days of racing to be held at the state
fairgrounds. Such racing shall be sponsored by the   { - Oregon
State Fair - }  { +  center + } and the net licensee income of
the meet shall be used only for   { - Oregon State Fair - }
 { + center + } programs or capital improvements. The commission
shall schedule days of racing for the
  { - Oregon State Fair - }  { +  center + } in such manner as to
avoid conflict with other race meets previously licensed under
ORS 462.057. The
  { - Oregon State Fair - }  { +  center + } shall make payments
as specified in ORS 462.057 (1).
  (6)   { - No - }   { + A + } license   { - shall - }  { +  may
not + } be granted for any race meet within a county for dates
 { - which - }  { +  that + } conflict with racing dates granted
to the county fair of such county.
  SECTION 3. ORS 565.020 is amended to read:
  565.020. (1) The Oregon State Fair Commission shall consist of
five members to be appointed by the Governor for terms of four
years commencing October 1. The Governor shall appoint as a
member a resident from each congressional district in Oregon.
 { - All - } Appointments to the commission should   { - attempt
to - }  provide broad-based representation of the various
industrial, educational and cultural interests active in state
fair activities, such as agricultural, stock raising,
horticultural, mining, mechanical, artistic and industrial
pursuits  { - , including the racing of animals - } . A vacancy
on the commission shall be filled for the unexpired term by
appointment by the Governor. All appointments of members of the
commission by the Governor are subject to confirmation by the
Senate pursuant to section 4, Article III, Oregon Constitution.
  (2) Each member of the commission is entitled to compensation
and expenses as provided in ORS 292.495, such reimbursements to
be made from money appropriated to the Oregon State Fair and
Exposition Center for such purposes.
  (3) The commission shall select one of its members as
chairperson and another as vice chairperson, for such terms and
with such duties and powers necessary for the performance of the
functions of such offices as the commission determines
appropriate.
  (4) The commission shall meet at the call of the Director of
the Oregon State Fair and Exposition Center or of a majority of
the members of the commission.
  SECTION 4. ORS 565.050 is amended to read:
  565.050. The objects and purposes of the Oregon State Fair are
to disseminate knowledge concerning, and to encourage the growth
and prosperity of all agricultural, stock raising, horticultural,
mining, mechanical, artistic and industrial pursuits in this
state  { - , including the racing of animals - } . To this end
the Director of the Oregon State Fair and Exposition Center shall
operate the business and properties of the Oregon State Fair and
Exposition Center as a year-round fair and exposition center,
display historical objects and do all things necessary or
expedient for the full utilization of the properties and
facilities of the center. The director shall conduct an annual
state fair for a period of not more than 17 days duration
beginning and ending on such dates as the director considers
appropriate.
  SECTION 5. ORS 565.080 is amended to read:
  565.080. (1) The Director of the Oregon State Fair and
Exposition Center shall have care of the Oregon State Fair and
Exposition Center property and be entrusted with the direction of
its business and financial affairs. The director shall prepare,
adopt, publish and enforce all necessary rules for the management
of the center and the Oregon State Fair, its meetings and
exhibitions and for the guidance of its officers or employees. In
carrying out any duties, functions or powers relating to property
acquisition, capital construction or capital improvements for the
center, the director shall contract for the performance of all
services relating thereto with the Oregon Department of
Administrative Services.
  (2) The director may appoint all necessary marshals to keep
order on the grounds and in the buildings of the center during
all exhibitions. The marshals so appointed shall be vested with
the same authority for such purposes as executive peace officers
are vested by law.
  (3) The director shall establish charges for entrance fees,
gate money, lease stalls, stands, parking space, buildings,
restaurant sites; conduct shows, exhibitions  { - , races - }
and all manner of business notwithstanding the provisions of ORS
227.286 and do all other things the director considers proper in
the operation of a year-round fair and exposition center and the
annual state fair. The state is in no event liable for any
premium awarded or debt created by the director beyond the amount
annually appropriated therefor.
  (4) Subject to procedures established by the Oregon State Fair
Commission, the director may enter into sponsorship agreements
for the receipt of moneys, services, products or other items of
value. A sponsorship agreement entered into under this subsection
is not subject to ORS chapter 279 or to the Oregon Department of
Administrative Services service provision requirement under
subsection (1) of this section.
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