Chapter 177
AN ACT
SB 747
Relating to racing; creating new provisions;
and amending ORS 462.057, 462.062, 462.127 and 462.140.
Be It Enacted by the People of
the State of
SECTION 1. Section 2 of this 2007 Act is added to and made
a part of ORS chapter 462.
SECTION 2. (1) As used in this section, “cash voucher”
means a receipt showing the amount paid into a wagering system prior to placing
a wager.
(2) Every licensee who
conducts a race meet for horses shall carry on the books for each race meet an
account to be known as the Cash Vouchers Account showing the total amount due
on outstanding cash vouchers not presented for wager or payment. The licensee
may not make payments from this account except to a person who presents a valid,
clearly identifiable cash voucher.
(3) All cash vouchers
must be used for wagering or presented for payment within 180 days after the
close of the race meet at which the cash voucher was purchased. At the
expiration of the 180-day period, the holder of the cash voucher does not
possess any further right in the unused amount and the voucher is void.
(4) Two hundred ten days
after the close of a race meet conducted by a licensee under this chapter, an
amount equal to the outstanding balance of the Cash Vouchers Account shall be
paid as follows:
(a) Seventy percent to
the horsemen’s association having the greatest number of members entering
horses in the race meets of the licensee during the 180-day period.
(b) Eighteen percent to
the
(c) Twelve percent to
the
(5) An association
receiving a payment of moneys under subsection (4) of this section shall use
the moneys only for benevolent or educational purposes of the association. A
licensee shall be subject to a civil penalty of not less than $25 per day after
210 days for failure to pay moneys due to a horsemen’s association in
accordance with this subsection. Civil penalties under this subsection shall be
imposed as provided in ORS 183.745.
(6) Notwithstanding the
provisions of subsections (3) and (4) of this section, if a continuous race
meet is designated by the Oregon Racing Commission, the 180-day period referred
to in subsection (3) of this section shall commence after the close of the
continuous race meet at the race course.
(7) Notwithstanding the
provisions of subsection (3) of this section, if the 180th day prescribed
therein falls upon a Saturday, Sunday or legal holiday, the holder of the cash
voucher may file the voucher with the licensee on the first business day
thereafter.
SECTION 3. ORS 462.057 is amended to read:
462.057. (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
(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 [Racing Division of the Oregon Quarterhorse]
Oregon Quarter Horse Racing Association, Incorporated, purse supplements
for owners of Oregon bred [quarterhorses]
quarter horses – one percent of gross mutuel wagering on [quarterhorse] quarter horse
races, to be apportioned among the owners in the same ratio that each owner’s
purses for Oregon bred [quarterhorses]
quarter horses for the race meet bears to the total purses for Oregon bred
[quarterhorses] 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
(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
SECTION 4. ORS 462.062 is amended to read:
462.062. (1) All licensees of race meets for horses, except those subject
to ORS 462.057, shall make payments as follows:
(a) A license fee of
$100 per racing day to the Oregon Racing Commission.
(b) One percent of gross
mutuel wagering to the commission.
(c) A percentage of
gross mutuel wagering to a purse account, in such amounts as the race meet
licensee and the horse owners may agree upon, subject to approval by the
commission. In addition to the amount paid to the regular purse account, 0.1
percent of gross mutuel wagering shall be paid into a separate account and used
only to supplement purses of races consisting exclusively of
(d) Three-quarters of
one percent of gross mutuel wagering on thoroughbred horse races to the Oregon
Thoroughbred Owners and Breeders Association, Incorporated, for purse
supplements for owners of
(e) Three-quarters of
one percent of gross mutuel wagering on [quarterhorse]
quarter horse races to the [Racing
Division of the Oregon Quarterhorse] Oregon Quarter Horse Racing
Association, Incorporated, for purse supplements for owners of Oregon bred [quarterhorses] quarter horses.
The association shall apportion the amount among the owners in the same ratio
that each owner’s purses for
(f) Three-quarters of
one percent of gross mutuel wagering on races for any breed of horses not
designated in paragraph (d) or (e) of this subsection to each horsemen’s
association recognized by the commission as representing breeds of horses not
designated in paragraph (d) or (e) of this subsection, for purse supplements of
owners of other Oregon bred horses. Each association shall apportion the amount
among the owners in the same ratio that each owner’s purses for other
(g) Two-tenths of one
percent of gross mutuel wagering to a special track fund of the type, and for
the uses and purposes, and subject to the conditions set forth in ORS 462.057
(1)(c)(F).
(2) Subject to prior
approval of the commission, each horsemen’s association designated in
subsection (1)(d), (e) and (f) of this section may use
a portion of the purse supplements for operating expenses and other benefits
for horsemen.
SECTION 5. ORS 462.127 is amended to read:
462.127. Notwithstanding
any other provision of this chapter:
(1) The [Racing Division of the Oregon Quarterhorse]
Oregon Quarter Horse Racing 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 must be sponsored by the [Racing Division of the Oregon Quarterhorse] Oregon Quarter Horse
Racing 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]
(2) Racing days granted
pursuant to this section may not be included in the number of racing days
counted for purposes of the 350-day limitation established in ORS 462.125.
SECTION 6. ORS 462.140 is amended to read:
462.140. (1) [No person shall] A person may not
conduct or commit, attempt or conspire to conduct or commit pool selling,
bookmaking, or circulate handbooks, or bet or wager on any licensed race meet,
other than by the mutuel method. All moneys wagered in
(2) A race meet licensee
may not take more than 22 percent of the gross receipts of any mutuel wagering
system subject to approval by the commission.
(3) A race meet licensee
shall compute breaks in the mutuel system at 10 cents for each dollar wagered
in a specific mutuel pool except, when the breaks in the mutuel system compute
to less than 10 cents total for each dollar wagered, the race meet licensee
shall compute the breaks on that specific mutuel pool at five cents. When the
breaks in the mutuel system compute at 10 cents or more for each dollar
wagered, the race meet licensee shall pay in increments of 10 cents for each
dollar wagered. When the breaks in the mutuel system compute to less than 10
cents for each dollar wagered, the race meet licensee shall pay five cents for
each dollar wagered. For horses, 45 percent of the breaks shall be retained by
the licensee. For greyhounds, 33-1/3 percent shall be retained by the licensee.
The other 55 percent for horses and 66-2/3 percent for greyhounds shall be paid
as follows:
(a) For thoroughbred
horse races, to the Oregon Thoroughbred Owners and Breeders Association,
Incorporated, to be used by that association subject to prior approval of the
commission, in such amounts and for such of the following purposes as the
association deems desirable:
(A) For breeders awards;
(B) For stallion awards;
(C) For education of the
members of the association and other horsemen regarding the breeding and racing
of thoroughbred horses; or
(D) For the promotion
and development of thoroughbred horse breeding and racing in
(b) For [quarterhorse] quarter horse races,
to the [Racing Division of the Oregon
Quarterhorse]
(A) For breeders awards;
(B) For stallion awards;
(C) For education of the
members of the association and other horsemen regarding the breeding and racing
of [quarterhorses] quarter horses;
or
(D) For the promotion
and development of [quarterhorse] quarter
horse breeding and racing in
(c) For races for any
other horses not designated in paragraphs (a) and (b) of this subsection, to
each association of horsemen recognized by the commission as representing the
other breeds of horses, to be used by that association subject to prior
approval of the commission, in such amounts and for such of the following
purposes as each recognized association deems desirable:
(A) For breeders awards;
(B) For stallion awards;
(C) For education of the
members of the association and other horsemen regarding the breeding and racing
of horses; or
(D) For the promotion
and development of horse breeding and racing in
(d) By a licensee of a
race meet for greyhounds:
(A) One-half thereof to
augment purses subject to reasonable regulations prescribed by the commission.
(B) The other one-half
thereof for benefit and improvement of the breeding, ownership, training and
racing of greyhounds in Oregon, subject to reasonable regulations prescribed by
the commission. Included, but not by way of limitation, would be payment of
purses for maiden graduation or special schooling races without wagering, and
construction and operation of one or more appropriate public training
facilities within the state. All such funds shall be retained by the licensee
in an account separate from all other funds, and no disbursements or transfers
shall be made therefrom without prior approval of the commission.
Approved by the Governor May 25, 2007
Filed in the office of Secretary of State May 25, 2007
Effective date January 1, 2008
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