Chapter 783 Oregon Laws 2003

AN ACT

HB 3646

Relating to racing; amending ORS 462.125 and 462.127; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. 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)] (5) and (6) 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] The commission may not grant a racing date that would cause greyhound racing conducted by licensees under ORS 462.067 to occur within the state in more than seven months of a calendar year. At least 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 overlap. Notwithstanding the race days allocations required by this subsection,]

(2) 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. Additional race days allocated under this subsection are exempt from the limit of 350 days of racing in a fiscal year imposed by subsection (1) of this section, but are subject to the limit imposed by that subsection on the number of months during a calendar year in which the commission may grant dates for greyhound racing. [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.

(3) [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 not be] is not considered an additional racing day.

[(3)] (4) As used in [subsection (2)] subsections (1) and (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)] (5) 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] the licensee’s allocated race days during the fiscal year, the commission, in [its] the commission’s 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)] (6) The Oregon State Fair 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 and the net licensee income of the meet shall be used only for Oregon State Fair programs or capital improvements. The commission shall schedule days of racing for the Oregon State Fair in [such manner as to avoid] a manner that avoids conflict with other race meets previously licensed under ORS 462.057. The Oregon State Fair shall make payments as specified in ORS 462.057 (1).

[(6)] (7) [No license shall be granted] The commission may not grant a license for any race meet within a county for dates [which] that conflict with racing dates granted to the county fair of such county.

(8) The commission may not grant a licensee that is subject to ORS 462.062 a license for a race meet for a date that conflicts with a race meet date granted to a licensee that is subject to ORS 462.057, unless the commission has the consent of the licensee that is subject to ORS 462.057. This subsection applies only if the licensee that is subject to ORS 462.057 held a race meet during the 2002 calendar year on a date substantially similar to the date that is the subject of the conflict. A licensee that is subject to ORS 462.057 may not unreasonably withhold consent under this subsection.

SECTION 2. ORS 462.127 is amended to read:

462.127. Notwithstanding any other provision of this chapter:

(1) The Racing Division of the Oregon Quarterhorse Association, Incorporated, and the Oregon Division Horsemen’s Benevolent and Protective Association, may each be granted up to 15 days of racing per fiscal year at locations approved by the Oregon Racing Commission. Such racing [will] must be sponsored by the Racing Division of the Oregon Quarterhorse Association, Incorporated, or the Oregon Division Horsemen’s Benevolent and Protective Association, and the net licensee income shall be used only for the payment of purses to horsemen participating at the meeting. The commission shall schedule the racing for the Racing Division of the Oregon Quarterhorse Association, Incorporated, and the Oregon Division Horsemen’s Benevolent and Protective Association, in such a manner as to avoid conflict with other race meets previously licensed under ORS 462.057. The Racing Division of the Oregon Quarterhorse Association, Incorporated, and the Oregon Division Horsemen’s Benevolent and Protective Association, shall make payments as specified in ORS 462.057 (1).

(2) Racing days granted pursuant to this section [shall] may not be included in the number of racing days counted for purposes of the [160-day] 350-day limitation [referred to] established in ORS 462.125 [(2)].

SECTION 3. This 2003 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2003 Act takes effect on its passage.

Approved by the Governor September 17, 2003

Filed in the office of Secretary of State September 18, 2003

Effective date September 17, 2003

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