72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
Enrolled
House Bill 3646
Sponsored by COMMITTEE ON RULES AND PUBLIC AFFAIRS
CHAPTER ................
AN ACT
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
Enrolled House Bill 3646 (HB 3646-A) Page 1
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
Enrolled House Bill 3646 (HB 3646-A) Page 2
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. + }
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Passed by House July 18, 2003
Repassed by House August 15, 2003
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate August 13, 2003
...........................................................
President of Senate
Enrolled House Bill 3646 (HB 3646-A) Page 3
Received by Governor:
......M.,............., 2003
Approved:
......M.,............., 2003
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2003
...........................................................
Secretary of State
Enrolled House Bill 3646 (HB 3646-A) Page 4