LICENSING OF RACE MEETS, PARTICIPANTS AND PERSONNEL; BETTING AND BOOKMAKING REGULATIONS
462.025. Notice to commission upon termination or discontinuance; hearing
462.030. Eligibility of race meet operator; suitability of race track
462.040. Race meet licenses; classes; rulemaking; limitations
462.050. Application for license; contents; bond; fees; return of fee
462.055. Recommendation of governing body where meet to be held; investigation fee
462.057. Payments to be made by licensee; licensees subject to provision
462.060. Repealed by Laws 1969, c. 356, § 38
462.062. Payments by licensees not subject to ORS 462.057
462.065. Bond requirement for horsemen's associations; fee for handling of funds under ORS 462.140
462.067. Payments by licensees not subject to ORS 462.057 and 462.062
462.070. Fees for licenses and claiming certificates; duration of license
462.075. Refusal to issue or renew licenses; grounds; hearing
462.080. Ejection or exclusion of persons from race courses; penalty
462.090. Revocation or suspension of licenses; hearing; effect; civil penalties
462.100. State preemption of taxation on race meets; exception
462.120. Repealed by Laws 1969, c. 356, § 38
462.125. Determination of number and classes of race meets; limitations
462.130. Races exclusively consisting of state bred horses
462.135. Races consisting exclusively of state bred greyhounds
462.140. Mutuel method of wagering; track take; computation of breaks in mutuel system
462.142. "Account wagering" defined
462.145. Handicapping contests for race meet patrons
462.147. Horse racing; mutuel pools; carrying forward
462.150. Underpayment of amount due to wagerer; taxation
462.155. Horse racing; mutuel wagering on previously held races
462.157. Mutuel wagers on historical animal racing
462.160. Abatement of nuisance
462.170. Application of commission rules to county fairs
462.180. Repealed by Laws 1969, c. 356, § 38
462.185. Conditions for licensure of animal owners or trainers; revocation
462.190. Limits on minors; prohibited sales to minors or intoxicated persons; exceptions
462.195. Written statement of age by purchaser; proof of age and identity
462.200. Testing participating animals or licensees; costs of photo patrols
OREGON RACING COMMISSION
462.210. Racing Commission; appointment of members
462.220. Compensation of commissioners
462.230. Filling of vacancies; removal
462.260. Racing Commission Account; commission office, records, and report
462.265. Application of state budget procedures and supervision of expenditures laws
462.270. Regulatory authority of commission over race meets; rulemaking
462.272. Authority to issue subpoenas, administer oaths, and take depositions
462.273. Prohibited activities
462.275. Programs for betterment of racing; establishment of library
462.277. Authority of enforcement agents; service and execution of warrants
462.280. Repealed by Laws 1993, c. 682, § 13, eff. Aug. 18, 1993
462.290. Repealed by Laws 1993, c. 682, § 13, eff. Aug. 18, 1993
462.295. Repealed by Laws 1993, c. 682, § 13, eff. Aug. 18, 1993
462.300. Repealed by Laws 1993, c. 682, § 13, eff. Aug. 18, 1993
[Exchange Wagering Omitted (O.R.S. § 462.301 - 340)]
GENERAL REGULATIONS RESPECTING ANIMAL RACING
462.405. Sanctions imposed by board of stewards; inquiry and hearing; review; fees
462.408. Action to recover costs and reasonable legal fees
462.410. Repealed by Laws 1969, c. 356, § 38
462.415. Animals barred from racing; effect of violation; medication program; testing
462.420. Stimulation or depression of animal involved in race
462.430. Influencing results of races; possession of electrical devices or needles
462.440. Repealed by Laws 1969, c. 356, § 38
462.450. Possession or use of drugs at race track; prescription
462.460. Name or designation of animal registered; alteration of license
462.470. Aiding or abetting racing of animal under name or designation other than as registered
462.510. Touting; sale of predictions on race outcome
462.520. False use of racing official's name in commission of touting
462.530. Repealed by Laws 1969, c. 356, § 38
[Off-Race Course Mutuel Wagering; Multi-Jurisdictional Operations (O.R.S. § 462.700 - 740) omitted]
PENALTIES
LICENSING OF RACE MEETS, PARTICIPANTS AND PERSONNEL; BETTING AND BOOKMAKING REGULATIONS
As used in this chapter, unless the context otherwise requires:
(1) "Breaks" means the odd cents remaining after the payoff prices have been computed in accordance with ORS 462.140 (3).
(2) "Calendar year" means a 12-month year, January 1 through December 31.
(3) "Commission" means the Oregon Racing Commission.
(4) "Continuous race meet" includes any exhibition of animal racing continuously at the same race course by two or more licensees where the mutuel system is used in conjunction with any race.
(5) "Drug" means any narcotic, sedative, anesthetic, analgesic, drug or other medication of any kind or description intended for use in any manner, directly or indirectly, internally or externally, in the diagnosis, treatment, mitigation or cure of injury or disease or for use in the prevention of disease that could affect, in any manner, the racing condition or performance of an animal as a depressant, stimulant, local anesthetic, analgesic, sedative or otherwise. "Drug" includes:
(a) Substances, other than foods, intended to affect the structure or any function of the body of the animal and all substances affecting the central nervous system, respiratory system or blood pressure of any animal other than vitamins or supplemental feeds; and
(b) Any identified substance that can affect or interfere with the true and accurate testing and analysis of blood, saliva, urine or other samples taken from racing animals.
(6) "Fiscal year" means a 12-month year, as described in ORS 293.605.
(7) "Gross mutuel wagering" means all mutuel wagering that is made in person:
(a) At the race course of a race meet licensee;
(b) At an off-race course mutuel wagering location approved by the commission; or
(c) Through account wagering authorized under ORS 462.142.
(8) "Licensee" means a person, partnership, corporation, political subdivision, municipal corporation or any other body holding a license under this chapter.
(9) "Mutuel" means a system whereby:
(a) Wagers with respect to the outcome of a race are placed with a wagering pool in which the participants are not wagering against the operator; and
(b) The operator distributes to one or more winning participants the total amount in the wagering pool, less amounts deducted by the operator as approved by the commission.
(10) "Public training track" means any race course or other facility that is available or open to the public for use in the training or schooling of racing animals.
(11) "Race" means any race conducted in a race meet. "Race" includes races conducted without wagering, provided one or more races in the meet are conducted with wagering.
(12) "Race course" means all the premises used in connection with the conduct of a race meet, including but not limited to, the race track, grandstands, paddock, stables, kennels and all other buildings and grounds adjacent to or appurtenant to the physical limits of the race track.
(13) "Race meet" means any exhibition of animal racing where the mutuel system is used in conjunction with any race.
Credits
Amended by Laws 1953, c. 497, § 4; Laws 1955, c. 335, § 1; Laws 1957, c. 313, § 1; Laws 1969, c. 356, § 10; Laws 1975, c. 550, § 1; Laws 1977, c. 855, § 1; Laws 1981, c. 544, § 1; Laws 1987, c. 913, § 7; Laws 1997, c. 865, § 1; Laws 2003, c. 14, § 294; Laws 2011, c. 176, § 1, eff. Jan. 1, 2012; Laws 2014, c. 44, § 3, eff. Jan. 1, 2015.
462.020. Licensing requirements for persons involved in race meets; compliance with rules by licensees; temporary licenses
(1) A person may not hold a race meet without having first obtained and having in full force and effect a license therefor issued by the Oregon Racing Commission.
(2) A trainer, driver, jockey, apprentice jockey, horse owner, dog owner, exercise person, agent, authorized agent, jockey's agent, stable foreman, groom, valet, veterinarian, horseshoer, steward, stable guard, starter, timer, judge or other person acting as a participant or official at any race meet, including all employees of the pari-mutuel department, may not participate in race meets without having first obtained and having in full force and effect a license issued by the commission, pursuant to such rules as the commission shall make. The commission by rule may require other employees of a race meet licensee who are engaged in or performing duties at the race course to obtain a license issued by the commission prior to engaging or performing such duties. The commission by rule may also require persons, including corporations, who are not employees of a race meet licensee, but who are authorized to do business at the race course, to obtain a license issued by the commission prior to conducting such business.
(3) A person may not operate a public training track or public kennel for greyhounds participating in a race meet without having first obtained and having in full force and effect a license issued by the commission.
(4) The commission may require each applicant for a license to be photographed and shall require each applicant to be fingerprinted as part of the licensing procedure for the purpose of requesting a state or nationwide criminal records check under ORS 181A.195.
(5) Each person holding a license under this chapter shall comply with all rules and orders of the commission.
(6) Notwithstanding the requirements of subsection (2) of this section, the commission, upon receipt of a written application for a license on forms provided by the commission, may in its sound discretion issue a temporary license valid for a period not to exceed 10 days pending final approval or disapproval of the written application for a license.
Credits
Amended by Laws 1955, c. 454, § 1; Laws 1957, c. 313, § 2; Laws 1969, c. 356, § 11; Laws 1975, c. 549, § 2; Laws 1983, Sp. Sess., c. 7, § 1; Laws 1999, c. 59, § 131; Laws 2003, c. 166, § 2; Laws 2005, c. 730, § 25, eff. Aug. 17, 2005.
462.025. Notice to commission upon termination or discontinuance; hearing
No licensee who accepts an engagement or employment or undertakes activities in preparation for or in connection with a race meet shall voluntarily terminate or discontinue the engagement, employment or activities of the licensee or otherwise refuse to cooperate or participate, unless the licensee gives the Oregon Racing Commission notice in writing of the intention to do so at least 15 days prior to such termination or discontinuance. The commission may, upon notice to all interested parties, conduct one or more hearings with respect to any such termination or discontinuance.
Credits
Added by Laws 1969, c. 356, § 5. Amended by Laws 1975, c. 549, § 3.
462.030. Eligibility of race meet operator; suitability of race track
No person is eligible to operate a race meet with a license issued under this chapter unless the person is the owner or controls the possession of a properly constructed race track suitable for the class of races which are proposed to be conducted at such race track and improved with safe and suitable grandstands, equipped with reasonably sanitary accommodations, adequate stables for livestock together with adequate fire protection equipment, and such other proper improvements as in the judgment of the Oregon Racing Commission may be required, taking into consideration the location of such race track and the probable capacity requirements to accommodate the crowd and the number of people that will reasonably be expected to occupy the grandstands and attend the race meets.
Credits
Amended by Laws 1955, c. 336, § 1.
462.040. Race meet licenses; classes; rulemaking; limitations
(1) Race meet licenses granted by the Oregon Racing Commission shall be limited to:
(a) Licenses for horse and mule race meets (Class A).
(b) Licenses for greyhound race meets (Class B).
(2)(a) Except as the commission otherwise may provide by rule, no licensee shall be granted licenses of both classes nor shall licenses be issued for more than one class of racing on the same race course, track or location.
(b) In adopting rules to carry out the provisions of this subsection, the commission shall consider, among other matters, the impact on existing race meet licensees in the county in which application for a license referred to in paragraph (a) of this subsection is made.
(3) The commission may not grant any license for greyhound race meets after the effective date of this 2022 Act.
(4) The license shall specify the number of days the race meet shall continue and the number of races per day.
Credits
Amended by Laws 1955, c. 639, § 1; Laws 1957, c. 313, § 3; Laws 1969, c. 356, § 12; Laws 1975, c. 549, § 4; Laws 1979, c. 720, § 1; Laws 1989, c. 210, § 3; Laws 1997, c. 865, § 2; Laws 2022, c. 77, § 3, eff. July 1, 2022.
462.050. Application for license; contents; bond; fees; return of fee
(1) Every person making application for a license to hold a race meet shall file the application with the Oregon Racing Commission. The application shall set forth the time, place and number of days the applicant desires the meet to continue, together with the applicant's estimate of the daily average payment that the applicant will pay to the state upon the gross amount of money wagered per day and such other information as the commission may require.
(2) The commission may, in its discretion, require a performance bond in an amount not to exceed $10,000, to insure that the licensee operates a race meet on the license days granted.
(3) The application shall be accompanied by a check on a financial institution maintaining an office and licensed to do business in Oregon in an amount equal to the license fee, exclusive of required percentage payments, required for the number of days for which the license is requested. If the license is not granted, such deposit shall be returned promptly to the applicant. If the license is granted, but for fewer days than applied for, the excess of the daily deposit shall be returned promptly to the applicant.
(4) No applicant designated in ORS 462.057 is eligible for a return of the license fee unless a race meet license is not granted.
(5) When a licensee under ORS 462.062 or 462.067 is prevented from conducting a race meet for the authorized number of days, the commission, upon written request therefor, may refund to the licensee the daily license fee based upon the number of days lost for good cause shown. The commission is the sole judge of good cause.
(6) In order to assist the commission in determining whether there has been compliance with ORS 462.075 (1)(h), (2)(a) and (4):
(a) The commission may require each holder of a license under ORS 462.062 or 462.067 to submit annually to the commission audited financial statements.
(b) Each licensee under ORS 462.062 or 462.067 shall make available to the commission for examination and audit at all reasonable times, upon notice to the licensee by the commission, complete and accurate financial records of the licensee's operations, including the financial records of any other corporation or business entity owned or controlled by the same parent corporation or individual as the licensee that provides services related to the licensee's operations.
Credits
Amended by Laws 1975, c. 549, § 5; Laws 1981, c. 544, § 2; Laws 1983, Sp. Sess., c. 7, § 15; Laws 1997, c. 631, § 477; Laws 1997, c. 865, § 3.
462.055. Recommendation of governing body where meet to be held; investigation fee
(1) The Oregon Racing Commission may require of every applicant for a license to hold a race meet, except the Oregon State Fair 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.
Credits
Added by Laws 1953, c. 551, § 3. Amended by Laws 1969, c. 356, § 13; Laws 1975, c. 549, § 6; Laws 1981, c. 544, § 3; Laws 1987, c. 413, § 2.
462.057. Payments to be made by licensee; licensees subject to provision
(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.
Credits
Added by Laws 1969, c. 356, § 6. Amended by Laws 1971, c. 130, § 1; Laws 1973, c. 541, § 1; Laws 1975, c. 550, § 2; Laws 1977, c. 855, § 2; Laws 1979, c. 698, § 1; Laws 1981, c. 544, § 4; Laws 1983, c. 740, § 179a; Laws 1989, c. 210, § 2; Laws 1989, c. 357, § 4a; Laws 1993, c. 682, § 1; Laws 1997, c. 865, § 4; Laws 2007, c. 177, § 3, eff. Jan. 1, 2008.
462.060. Repealed by Laws 1969, c. 356, § 38
462.062. Payments by licensees not subject to ORS 462.057
(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 Oregon bred horses. However, subject to prior approval of the commission, a portion of the percentage of gross mutuel wagering designated by this paragraph may be paid to one or more associations of horsemen for operating expenses and other benefits for horsemen.
(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 Oregon bred thoroughbred horses. The association shall apportion the amount 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.
(e) Three-quarters of one percent of gross mutuel wagering on quarter horse races to the Oregon Quarter Horse Racing Association, Incorporated, for purse supplements for owners of Oregon bred quarter horses. The association shall apportion the amount 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.
(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 Oregon bred horses for the race meet bears to the total purses for other Oregon bred horses for the race meet.
(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.
Credits
Added by Laws 1969, c. 356, § 7. Amended by Laws 1975, c. 550, § 3; Laws 1977, c. 855, § 3; Laws 1979, c. 698, § 2; Laws 1981, c. 544, § 5; Laws 1987, c. 413, § 19; Laws 1993, c. 682, § 2; Laws 2003, c. 14, § 295; Laws 2005, c. 72, § 1, eff. May 19, 2005; Laws 2007, c. 177, § 4, eff. Jan. 1, 2008.
462.065. Bond requirement for horsemen's associations; fee for handling of funds under ORS 462.140
(1) The Oregon Racing Commission may require any horsemen's association, that receives payments pursuant to ORS 462.057 and 462.062, to submit a bond or an irrevocable letter of credit submitted by an insured institution as defined in ORS 706.008 in an amount not to exceed the sum of the estimated payments to be received by the association. The bond or letter of credit shall be conditioned upon the proper distribution of such payments to owners of Oregon bred horses. In addition to the requirement for a bond or letter of credit, the commission may prescribe such conditions on the receipt, handling and disbursement of the payments as the commission determines necessary to insure security of the funds.
(2) Notwithstanding any other provision of this chapter, any horsemen's association that receives payments pursuant to ORS 462.140, prior to issuing breeder awards or stallion awards, may assess the recipient a fee for the receipt, handling and payment of those funds. The fee shall not exceed the current annual dues of the association or five percent of the award, whichever amount is less.
Credits
Added by Laws 1979, c. 698, § 10. Amended by Laws 1989, c. 358, § 5; Laws 1991, c. 331, § 67; Laws 1997, c. 631, § 478.
462.067. Payments by licensees not subject to ORS 462.057 and 462.062
All licensees of race meets except those subject to ORS 462.057 and 462.062 shall make payments as follows:
(1) License fee--$100 per racing day, payable to the Oregon Racing Commission.
(2) Percentage of gross mutuel wagering payable to the commission--1.6 percent.
(3) Percentage of gross mutuel wagering on greyhound races payable to the Oregon Greyhound Breeders Association, Incorporated--0.5 percent for purse supplements for owners of Oregon bred greyhounds, 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. Subject to the prior written approval of the commission, the Oregon Greyhound Breeders Association, Incorporated, may use a portion of the funds received pursuant to this section and ORS 462.057 (1)(d)(B) to offset expenses for receipt, accounting, handling and payment of those funds.
(4) 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.
Credits
Added by Laws 1969, c. 356, § 8. Amended by Laws 1975, c. 550, § 4; Laws 1977, c. 855, § 8; Laws 1979, c. 698, § 3; Laws 1981, c. 544, § 6; Laws 1987, c. 413, § 21; Laws 1993, c. 682, § 3; Laws 1996, c. 15, § 1.
462.068. Mutuel wagering; annual payments
(1) A licensee that conducts mutuel wagering pursuant to ORS 462.155 at the licensee's race course on horse races previously held shall make annual payments as follows:
(a) $200,000, as modified by subsection (2) of this section, to the Oregon Racing Commission.
(b) $20,000, as modified by subsection (2) of this section, to a purse account that may be used only to supplement purses of races consisting exclusively of Oregon bred horses. However, subject to prior approval of the commission, a portion of the moneys described in this paragraph may be paid to one or more associations of horsemen for operating expenses and other benefits for horsemen.
(c) $150,000, as modified by subsection (2) of this section, to the Oregon Thoroughbred Owners and Breeders Association, Incorporated, for purse supplements for owners or breeders of Oregon bred thoroughbred horses.
(d) $50,000, as modified by subsection (2) of this section, to the Oregon Quarter Horse Racing Association, Incorporated, for purse supplements for owners or breeders of Oregon bred quarter horses.
(e) $50,000, as modified by subsection (2) of this section, 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) The dollar amounts specified in subsection (1) of this section apply to payments required in 2022. In each subsequent year, the amounts are increased by three percent from the amounts due in the immediately preceding year.
(3) Subject to prior approval of the commission, each horsemen's association designated in subsection (1)(c) and (d) of this section may use a portion of the purse supplements for operating expenses and other benefits for horsemen.
Credits
Laws 2021, c. 573, § 2, eff. Jan. 1, 2022.
462.070. Fees for licenses and claiming certificates; duration of license
(1) The Oregon Racing Commission may adopt rules establishing license fees for persons described in ORS 462.020 (2), not to exceed $30 per year. Prior to adopting a rule that establishes a fee for a license, the commission shall review the fees charged for similar licenses in other states. The commission also may charge a reasonable fee for claiming certificates in an amount not to exceed $10.
(2) The license fee per fiscal year for operators of public training tracks or kennels required to be licensed under ORS 462.020 (3) shall be:
(a) For the Oregon State Fair or a county or district fair, $10.
(b) For all other operators of public training tracks or kennels, $25.
(3) The commission may by rule provide for a license that is issued to a person described in ORS 462.020 (2) to be valid for one, two or three years from date of issuance. The commission may fix the expiration date of the license and may prorate the fee established for the license.
Credits
Amended by Laws 1953, c. 497, § 4; Laws 1955, c. 353, § 1; Laws 1957, c. 313, § 4; Laws 1975, c. 550, § 5; Laws 1977, c. 855, § 4; Laws 1979, c. 698, § 12; Laws 1981, c. 544, § 7; Laws 1983, Sp. Sess., c. 7, § 4; Laws 1987, c. 413, § 3; Laws 2011, c. 501, § 1, eff. Jan. 1, 2012.
462.072. "Cash voucher" defined; payment and expiration of vouchers; distribution and use of account balance; computation of time; penalties
(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 Oregon Thoroughbred Owners and Breeders Association, Incorporated.
(c) Twelve percent to the Oregon Quarter Horse Racing Association, Incorporated.
(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.
Credits
Added by Laws 2007, c. 177, § 2, eff. Jan. 1, 2008.
462.073. Unclaimed Winnings Account; winning ticket payment, refund, and expiration; distribution of balance; use of proceeds; time computation; penalties
(1) Every licensee who conducts a race meet shall carry on the books for each race meet an account to be known as the Unclaimed Winnings Account showing the total amount due on outstanding winning mutuel wagering tickets and refund tickets not presented for payment. All funds in the Unclaimed Winnings Account shall be retained by the licensee and deposited in a separate account from all other funds in a bank maintaining an office located in and licensed to do business in Oregon. No payments shall be made by the licensee from this account except to a person who presents a valid, clearly identifiable winning or refund ticket. A statement of the balance of the Unclaimed Winnings Account shall be furnished to the Oregon Racing Commission within 72 hours after any change in the account balance during the race meet and, after the completion of the race meet, within five days following the last day of each month in which there is any change in the account balance.
(2) Any person claiming to be entitled to any part of winnings or refunds from a mutuel wagering system operated by a licensee, who fails to claim the money due prior to the completion of the race meet at which the mutuel wagering or refund ticket was purchased, may, within 90 days after the close of the meet, file with the licensee a claim, in such form as the commission shall prescribe, accompanied by the valid winning or refund ticket. If the claimant establishes the right to winnings or refunds from the mutuel wagering system, the licensee shall pay such moneys to the claimant. At the expiration of such 90-day period, the holder of such a winning or refund ticket shall possess no right to any portion of the wagering or refund and the ticket shall be deemed void.
(3) One hundred twenty days after the close of a race meet conducted by a licensee under this chapter, an amount equal to the outstanding balance of the Unclaimed Winnings Account shall be paid to the commission, which shall immediately deposit such moneys in the General Fund in the State Treasury to the credit of the Oregon Racing Commission Account. The licensee shall be subject to a civil penalty of not less than $25 per day after 120 days for failure to pay moneys due to the commission in accordance with this subsection. Civil penalties under this subsection shall be imposed as provided in ORS 183.745.
(4) Notwithstanding the provisions of subsections (2) and (3) of this section, if a continuous race meet is designated by the commission, the 90-day period referred to in subsection (2) of this section shall commence after the close of the continuous race meet at the race course.
(5) Notwithstanding the provisions of subsection (2) of this section, if the 90th day prescribed therein falls upon a Saturday, Sunday or legal holiday, then the holder shall file such claim with the licensee on the first business day thereafter.
(6) Notwithstanding the provisions of subsection (3) of this section, a race meet licensee who holds a license under ORS 462.057 shall retain that licensee's unclaimed winnings to finance physical improvements to the licensee's race course facility and enclosure. This subsection does not apply to the unclaimed winnings from those race meets which the licensee holds at the race course of a licensee who is the holder of a license under ORS 462.062 or 462.067.
Credits
Added by Laws 1969, c. 356, § 37. Amended by Laws 1975, c. 549, § 10; Laws 1981, c. 544, § 8; Laws 1983, Sp. Sess., c. 7, § 5; Laws 1989, c. 357, § 1; Laws 1991, c. 734, § 31a; Laws 1993, c. 302, § 1; Laws 1993, c. 682, § 7; Laws 1997, c. 865, § 5; Laws 2005, c. 777, § 18, eff. Aug. 24, 2005.
462.075. Refusal to issue or renew licenses; grounds; hearing
(1) The Oregon Racing Commission may refuse to issue to or renew the license of any applicant if it has reasonable ground to believe that the applicant:
(a) Has been suspended or ruled off a recognized course in another jurisdiction by the racing board or commission thereof.
(b) Is not of good repute and moral character.
(c) Does not have, when previously licensed, a good record of compliance with the racing or gaming laws of this state or of any other state and with the rules of the commission or of any other racing or gaming commission.
(d) If the applicant is a corporation, firm or association, is not duly authorized to conduct business within the State of Oregon.
(e) If an individual, has been convicted of a crime involving moral turpitude or of any gambling or gambling-related offense, or, if a corporation, firm or association, is in whole or in part controlled or operated directly or indirectly by a person who has been convicted of a crime involving moral turpitude or of any gambling or gambling-related offense.
(f) If an individual, is engaged in wagering by other than the mutuel method or in pool selling or bookmaking in any state of the United States or foreign country or, if a corporation, firm or association, is in whole or in part controlled or operated directly or indirectly by a person who is engaged in wagering by other than the mutuel method or in pool selling or bookmaking in any state of the United States or foreign country.
(g) Has been found guilty by the commission of a violation of this chapter or any rules of the commission.
(h) Should not, in the best interest of the safety, welfare, health, peace and morals of the people of the state, be granted a license.
(2) The commission may refuse to issue or renew a license to conduct a race meet for any ground set forth in subsection (1) of this section or if it has reasonable ground to believe any of the following to be true:
(a) That the applicant is not possessed of or has not demonstrated financial responsibility sufficient to meet adequately the requirements of the enterprise proposed to be licensed.
(b) That the applicant is not the true owner of the enterprise proposed to be licensed, that other persons have ownership in the enterprise which has not been disclosed or, if the applicant is a corporation, that any of the stock of such corporation is subject to a contract or option to purchase at any time during the period for which the license is issued.
(c) That the granting of a license in the locality set out in the application is not demanded by public interest or convenience.
(d) That the applicant, if a corporation, transferred any of its stock after an application for a license to hold a race meet was filed with the commission without prior commission approval. The provisions of this paragraph shall not apply to day-to-day transfers of stock of a publicly held corporation whose shares are publicly quoted and regularly traded in the marketplace unless the transfer, or a combination of transfers, involves a controlling interest in or affects the operational control of the corporation, or involves 10 percent or more of any class of stock of the corporation.
(e) That the applicant lacks, or if the applicant is a corporation, its officers, managerial employees, directors and principal stockholders lack, the requisite character, reputation, general business and managerial competence and ability, and experience in the business of racing so as to justify or command public confidence.
(f) That the granting of the application would adversely and unreasonably affect the economy of the State of Oregon and its people and the revenues of this state and of other beneficiaries of racing funds designated in this chapter.
(3) The commission may refuse to issue or renew a license to any person who has made a false statement of a material fact to the commission.
(4) The commission may refuse to issue or renew a license to any applicant for a race meet license if the applicant has failed to meet any monetary obligation in connection with any race meet held in this state.
(5) The commission may deny a license to any applicant for a race meet license under ORS 462.067 unless the applicant for the license and the greyhound kennel owners, or their representative association, have previously agreed upon a purse schedule.
(6) Before refusing to license any applicant for a race meet license, the commission shall afford the applicant an opportunity for hearing after reasonable notice as provided in ORS chapter 183. When the commission refuses to license an applicant on the basis of grounds provided in subsection (1)(b), (c) or (h) of this section, the commission shall specify the particular activities that constitute the grounds for refusal and shall give the applicant written notice thereof.
Credits
Added by Laws 1955, c. 641, § 1. Amended by Laws 1957, c. 313, § 5; Laws 1969, c. 356, § 15; Laws 1973, c. 612, § 20; Laws 1979, c. 330, § 2; Laws 1981, c. 544, § 18; Laws 1987, c. 413, § 4; Laws 1995, c. 260, § 1; Laws 1997, c. 865, § 6.
462.080. Ejection or exclusion of persons from race courses; penalty
(1) The Oregon Racing Commission may exclude from any and all race courses any person whom the commission deems detrimental to the best interest of racing or any person who willfully violates any provision of this chapter or any rule or order issued by the commission or any person who has been found guilty of violating any laws of this state, another state or the United States related to gambling or wagering or which adversely reflects on the person's honesty. The commission may take such action without first providing a hearing and without being subject to either criminal or civil liability. However, if no hearing is provided, then, within 10 days after the board's action and upon demand by the aggrieved party, the commission shall grant a hearing as provided in ORS chapter 183, except that such hearing shall take place no later than 20 days following demand.
(2) Any person who has been convicted of or who attempts or conspires to commit touting, pool selling, bookmaking, circulating handbooks or wagering by other than the mutuel method whether within or without the state hereby is deemed to be an undesirable person detrimental to the best interest of racing.
(3) Any person who violates a rule or order of the commission or any person who fails to obey reasonable directives of the commission's security personnel or any person having been excluded by order of the commission under subsection (1) or (2) of this section or is found engaging in or attempting to engage in touting, pool selling, bookmaking, circulating handbooks or wagering by other than the mutuel method or is disturbing the peace may be ejected from the race course.
(4) A race meet licensee may eject or exclude any person from the race course for any reason and in any manner that is not contrary to law.
(5) Any of the foregoing persons who refuses to leave a race course when ordered to do so by commission inspectors or the stewards, or by any peace officer, is guilty of a misdemeanor.
Credits
Amended by Laws 1955, c. 538, § 1; Laws 1957, c. 313, § 6; Laws 1969, c. 356, § 16; Laws 1973, c. 612, § 21; Laws 1979, c. 330, § 3; Laws 1983, Sp. Sess., c. 7, § 6; Laws 1987, c. 413, § 5.
462.090. Revocation or suspension of licenses; hearing; effect; civil penalties
(1) The Oregon Racing Commission may revoke, suspend or refuse to renew the license of any licensee upon any of the grounds upon which the commission could refuse to issue a license, as provided in ORS 462.075, or of any licensee who has been convicted by the commission of a violation of this chapter or any rule made pursuant thereto, or who fails to pay to the commission all sums required under this chapter.
(2) The commission may revoke, suspend or refuse to renew the license to hold a race meet of any licensee, if a corporation, which transfers any of its stock after a license to hold a race meet is issued and before the termination of the license period except as otherwise authorized in ORS 462.075 (2)(d).
(3) Notwithstanding any other provision of law, the commission or board of stewards or board of judges may suspend, prior to any hearing, the license of any person whose license has been duly suspended by an official body of another state or country for violation of the racing or gaming laws or regulations of that jurisdiction. However, at the time of the license suspension in Oregon, the person must be notified of the right to request an immediate hearing to contest the suspension.
(4) Revocation of a license shall operate as a forfeiture of all rights and privileges granted by the commission and of all sums of money paid to the commission by the offender.
(5) When grounds exist for the revocation or suspension of a license issued pursuant to this chapter, the commission may, in its discretion, impose a civil penalty, not in excess of $1,000, on the licensee in lieu of or in addition to revoking or suspending the license. All sums paid the commission pursuant to this subsection shall be deposited as provided in ORS 462.260.
(6) Civil penalties under this section shall be imposed as provided in ORS 183.745.
Credits
Added by Laws 1953, c. 499, § 3. Amended by Laws 1957, c. 313, § 7; Laws 1969, c. 356, § 17; Laws 1973, c. 612, § 22; Laws 1981, c. 544, § 19; Laws 1983, Sp. Sess., c. 7, § 7; Laws 1987, c. 413, § 6; Laws 1991, c. 734, § 33; Laws 1997, c. 865, § 7.
462.100. State preemption of taxation on race meets; exception
(1) The State of Oregon hereby preempts the imposition of taxes on or measured by income on, and the regulation of, race meets.
(2) Except for taxes levied under ORS 267.010 to 267.390, the license fee and tax provided in this chapter for a race meet licensed thereunder shall be in lieu of:
(a) All other licenses and privilege taxes or charges by the state or any county, city or other municipal corporation; and
(b) All other taxes on or measured by income imposed by any county, city or other municipal corporation.
Credits
Amended by Laws 1973, c. 583, § 1; Laws 1987, c. 655, § 1.
462.110. Public liability insurance; surety bond; prosecution of actions on bond; insurance to protect jockeys
(1) For the protection of the public, and all members thereof, the exhibitors and visitors, every race meet licensee shall carry public liability insurance written on an approved form by a company licensed to do business in Oregon and in an amount approved by the Oregon Racing Commission.
(2) Every person licensed to conduct a race meet shall provide and deliver to the commission a bond signed by a surety company authorized to do business in Oregon in such form as is required by the commission and in an amount determined by the commission. The bond shall be conditioned that the licensee will pay to the state all moneys due it under this chapter, including moneys which escheat pursuant to ORS 462.073 and any fines imposed by any court or by any state agency; to horsemen or greyhound owners, all moneys owing and all moneys required to be paid for breakage, purses and Oregon-bred purse supplements; to persons presenting valid winning tickets, the amounts owing to them; and to the special track fund or training track fund, all moneys required to be paid to those funds by statute or rule. In lieu of a surety bond the commission may accept a certificate of deposit, an irrevocable letter of credit, or equivalent which will assure that the obligations described above are paid, up to the designated amount.
(3) The Attorney General or the district attorney of the county wherein the race meet is held shall prosecute all actions on such bonds on behalf of the state.
(4) Any person having a claim against the licensee for any obligation covered by the bond or bond substitute, except cause of action covered by public liability insurance, may prosecute the same in an action in behalf of the claimant brought in the name of the state for the use and benefit and at the expense of such claimant. The court may award reasonable attorney fees to the prevailing party in an action under this subsection. If the amount of the bond or bond substitute is insufficient to cover all obligations, amounts owing to and for the benefit of the state pursuant to ORS 462.073 (3) shall have priority over any other claims. No action may be brought for recovery on the bond or bond substitute unless written notice of the claim is made to the commission and to the race meet licensee within 120 days after the last day of the race meet or continuous race meet in which the obligation arose. The notice must be by registered mail, certified mail with return receipt or personal service to the licensee or to the licensee's registered agent. Any action for recovery on the bond or bond substitute must be brought no earlier than 60 days and no later than 180 days after service of the written notice on the race meet licensee or on the licensee's registered agent. These limitations shall not apply to claims for valid winning tickets if the claimant has made a timely claim pursuant to ORS 462.073 (2).
(5) Every person licensed to conduct a race meet for horses shall carry insurance to protect jockeys and, if appropriate, drivers. The type, form and amount of insurance, and the carrier, must be approved by the commission.
Credits
Amended by Laws 1957, c. 313, § 8; Laws 1969, c. 356, § 18; Laws 1975, c. 549, § 11; Laws 1981, c. 897, § 53; Laws 1983, Sp. Sess., c. 7, § 8; Laws 1985, c. 48, § 1; Laws 1991, c. 249, § 38; Laws 1995, c. 618, § 73.
462.120. Repealed by Laws 1969, c. 356, § 38
462.125. Determination of number and classes of race meets; limitations
(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. Not more than 350 days of racing, exclusive of racing days authorized to designated licensees pursuant to subsection (5) of this section, shall be held in any metropolitan area in any fiscal year. A licensee shall conduct at least 720 live races under the license during each fiscal year race meets are held under the license. The commission may reduce the number of races required under this section upon application by a horsemen's association that negotiates with the race meet licensee.
(2) If a licensee under ORS 462.062 or 462.067 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. The additional racing days granted by the commission to any eligible licensee may not exceed the total of the unused or unallocated racing days in any one fiscal year.
(3) If an emergency occurs on the day of racing, and a night racing program runs past the hour of midnight, such time after midnight is not considered an additional racing day.
(4) As used in 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.
(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 the licensee's allocated race days during the fiscal year, the commission, in 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.
(6) The commission may not grant a license for any race meet within a county for dates that conflict with racing dates granted to the county fair of such county.
(7) 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.
Credits
Added by Laws 1969, c. 356, § 9. Amended by Laws 1973, c. 541, § 2; Laws 1975, c. 105, § 1; Laws 1975, c. 550, § 6; Laws 1979, c. 330, § 4; Laws 1979, c. 698, § 13a; Laws 1981, c. 544, § 9; Laws 1983, Sp. Sess., c. 7, § 9; Laws 1985, c. 675, § 8; Laws 1987, c. 413, § 7; Laws 1989, c. 210, § 1; Laws 1993, c. 682, § 5; Laws 2003, c. 783, § 1, eff. Sept. 17, 2003; Laws 2005, c. 72, § 2, eff. May 19, 2005; Laws 2005, c. 777, § 19, eff. Aug. 24, 2005.
462.127. Races sponsored by Oregon Quarter Horse Racing Association and Oregon Division Horsemen's Benevolent and Protective Association; exclusion from ORS 462.125
Notwithstanding any other provision of this chapter:
(1) The 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 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 Oregon Quarter Horse Racing 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 Oregon Quarter Horse Racing 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 may not be included in the number of racing days counted for purposes of the 350-day limitation established in ORS 462.125.
Credits
Added by Laws 1979, c. 698, § 9. Amended by Laws 1981, c. 544, § 10; Laws 1985, c. 54, § 1; Laws 2003, c. 14, § 296; Laws 2003, c. 783, § 2, eff. Sept. 17, 2003; Laws 2007, c. 177, § 5, eff. Jan. 1, 2008.
462.130. Races exclusively consisting of state bred horses
For the purpose of encouraging the breeding and enhancing the quality, within the state, of thoroughbred race horses, at least one race of each day's meet shall consist exclusively of Oregon bred thoroughbred horses.
Credits
Amended by Laws 1981, c. 544, § 11.
462.135. Races consisting exclusively of state bred greyhounds
For the purpose of encouraging greyhound breeding within the state and enhancing the quality of Oregon bred greyhounds, all licensees of race meets for greyhounds shall conduct at least one race consisting exclusively of Oregon bred greyhounds at each live racing performance. If there is not a sufficient number of qualifying Oregon bred greyhounds to fill the Oregon bred greyhound race for a performance as required by this section, the licensee may enter other greyhounds in the race in addition to the available qualifying Oregon bred greyhounds. As used in this section, "performance" means a card or a single set of races.
Credits
Added by Laws 1993, c. 682, § 11.
462.140. Mutuel method of wagering; track take; computation of breaks in mutuel system
(1) 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 Oregon must be accounted for through a computerized mutuel wagering system in use by an operating race meet in this state and approved by the Oregon Racing Commission. Wagering into pools outside of Oregon via telephone or other device is prohibited unless the wagering information is transmitted by a licensee that conducts off-race course mutuel wagering pursuant to ORS 462.700 to 462.740.
(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- ⅓ 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 Oregon.
(b) For quarter horse races, to the Oregon Quarter Horse Racing 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 quarter horses; or
(D) For the promotion and development of quarter horse breeding and racing in Oregon.
(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 Oregon.
(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.
Credits
Amended by Laws 1955, c. 456, § 1; Laws 1957, c. 313, § 9; Laws 1965, c. 627, § 1; Laws 1969, c. 356, § 19; Laws 1975, c. 550, § 7; Laws 1977, c. 855, § 5; Laws 1979, c. 698, § 4; Laws 1981, c. 544, § 12; Laws 1985, c. 675, § 7; Laws 1987, c. 413, § 20; Laws 1993, c. 682, § 6; Laws 1997, c. 865, § 8; Laws 2005, c. 777, § 20, eff. Aug. 24, 2005; Laws 2007, c. 177, § 6, eff. Jan. 1, 2008.
462.142. "Account wagering" defined
(1) In addition to mutuel wagering otherwise authorized by this chapter, account wagering may be conducted upon such conditions as the Oregon Racing Commission determines appropriate. The commission may authorize only a race meet licensee who is the holder of a license issued under ORS 462.057, 462.062 or 462.067 to conduct account wagering.
(2) As used in this section, "account wagering" means a form of mutuel wagering in which an individual may deposit money in an account with a race meet licensee and then use the account balance to pay for mutuel wagering conducted by the licensee. An account wager must be made in person by the holder of the account at the race course.
Credits
Added by Laws 1997, c. 865, § 15. Amended by Laws 2011, c. 176, § 2, eff. Jan. 1, 2012.
462.145. Handicapping contests for race meet patrons
Notwithstanding ORS 167.108 to 167.164, a race meet licensee, with the prior approval of the Oregon Racing Commission, may conduct handicapping contests for race meet patrons. Such contests may include, but are not limited to, competitions for prizes for the highest percentage of correct selection of the order of finish of animals from among predetermined races that are live races conducted at the licensee's race course or simulcast races offered by the licensee, or any combination thereof. Prizes offered for handicapping contests are not part of the pari-mutuel wagering system.
Credits
Added by Laws 1993, c. 682, § 12.
462.147. Horse racing; mutuel pools; carrying forward
(1) The mutuel pool for a live horse race or a previously held horse race may:
(a) In addition to any amounts authorized under ORS 462.720, include amounts carried forward from the mutuel pool of one or more previous races that were subject to mutuel wagering; and
(b) Be carried forward and included in the mutuel pool of subsequent races that are subject to mutuel wagering.
(2) In addition to any other authority of the Oregon Racing Commission to adopt rules, the commission may adopt rules to identify forms of mutuel wagering that race meet licensees are allowed to offer.
(3) A device is not a slot machine or gray machine for purposes of ORS 167.108 to 167.164 if used for the purpose of carrying out a form of mutuel wagering offered by a race meet licensee in accordance with commission rules.
Credits
Added by Laws 2014, c. 44, § 2, eff. Jan. 1, 2015.
462.150. Underpayment of amount due to wagerer; taxation
(1) If during any race meet conducted under this chapter, there is an underpayment of the amount actually due to any wagerer, the amount of such underpayment shall revert and belong to the state and be paid to the Oregon Racing Commission and become a part of its fund and shall not be retained by the licensee under whose license such race is held.
(2) However, if any government or governmental agency imposes a levy on the licensee, by a tax on the money so wagered and upon or against its receipts, the licensee may collect in addition to the percentage and the breaks allowed under ORS 462.140, the amount of the tax so levied.
Credits
Amended by Laws 1969, c. 356, § 20; Laws 2007, c. 71, § 145, eff. Jan. 1, 2008.
462.155. Horse racing; mutuel wagering on previously held races
(1) The Oregon Racing Commission may allow a race meet operator that holds a Class A license to conduct mutuel wagering at the licensee's race course on horse races previously held if:
(a) The races were actual events held at race courses during race meets;
(b) The races were subject to mutuel wagering at the time the races were originally held; and
(c) The race meets at which the races were originally held were approved by the commission or by an equivalent regulatory body in another state.
(2) Subsection (1) of this section allows mutuel wagering on a horse race displayed as a video or audio recording, or another form of recording approved by the commission, but does not authorize wagering on any animation, computer simulation or other artificial representation of horse racing.
(3) Subsection (1) of this section does not apply to a race meet operator described in ORS 462.057 (2). Subsection (1) of this section does not authorize off-race course wagering or multi-jurisdictional simulcasting for horse races previously held.
(4) Wagers authorized under subsection (1) of this section are subject to the provisions of section 4 of this 2021 Act.
Credits
Added by Laws 2013, c. 275, § 2, eff. Jan. 1, 2014. Amended by Laws 2021, c. 573, § 5, eff. Jan. 1, 2022.
462.157. Mutuel wagers on historical animal racing
(1) As used in this section, “historical animal racing” means animal races that were previously held.
(2) A mutuel wager on historical animal racing may be placed only from a physical race course of a licensee.
(3) A mutuel wager on historical animal racing may not be placed using an electronic device unless the device is owned or leased by the operator of the race course at which the wager is placed.
(4) No person may place a mutuel wager on historical animal racing via a mobile phone, personal computer or other personal electronic device.
(5) No person may accept a mutuel wager on historical animal racing if the wager is placed via a mobile phone, personal computer or other personal electronic device.
(6) Nothing in this section independently authorizes wagering or facilitation of wagering on historical animal racing.
Credits
Laws 2021, c. 573, § 4, eff. Jan. 1, 2022.
462.160. Abatement of nuisance
Every race meet held in this state contrary to this chapter is declared to be a public nuisance and may be summarily abated.
Credits
Amended by Laws 1969, c. 356, § 21.
462.170. Application of commission rules to county fairs
The rules of the Oregon Racing Commission shall apply to all race meets held by county fair associations and shall be enforced by the officers of each association as to race meets held on its grounds.
Credits
Amended by Laws 1955, c. 468, § 2; Laws 1957, c. 313, § 10; Laws 1969, c. 356, § 22.
462.180. Repealed by Laws 1969, c. 356, § 38
462.185. Conditions for licensure of animal owners or trainers; revocation
(1) The Oregon Racing Commission may require as a condition for the issuance of a license to an animal owner or trainer that the owner or trainer establish to the satisfaction of the commission that the owner or trainer:
(a) Is contributing to the State Industrial Accident Fund and is complying with the provisions of ORS chapter 656 with respect to the occupation as an animal owner or trainer; or
(b) Has purchased and has in force a policy of insurance affording the employees of the owner or trainer in the occupation as an animal owner or trainer substantially the same protection and benefits as are available under ORS chapter 656.
(2) If the commission requires contribution to the State Industrial Accident Fund or insurance, as provided in subsection (1) of this section, failure of the licensee to continue contribution or to keep such insurance in force is ground for revocation of the license of the licensee.
Credits
Added by Laws 1957, c. 313, § 16. Amended by Laws 1977, c. 855, § 6.
462.190. Limits on minors; prohibited sales to minors or intoxicated persons; exceptions
(1) No person under 18 years of age shall enter upon a race course at any time where races are being conducted in which wagering is permitted, except:
(a) When accompanied by a person 18 years of age or older who is the person's parent, guardian or spouse; or
(b) When persons 14 years of age or older are in the performance of a duty incident to employment.
(2) Notwithstanding subsection (1) of this section, no person under 12 years of age shall after 6 p.m. enter upon a race course where races are being conducted in which wagering is permitted, except this section shall not apply to any annual state or county fair or fair-type exposition on the same premises where a race meet is being conducted by the same licensee.
(3) No person under 18 years of age shall, except when in the performance of a duty incident to employment, loiter in the wagering area of a race course. The Oregon Racing Commission shall designate and require the marking of the wagering area at each race course.
(4) No licensee conducting a race meet shall sell a mutuel wagering ticket or receipt to a person under 18 years of age or to a person who is visibly intoxicated.
(5) No person shall purchase a mutuel wagering ticket or receipt for or on behalf of a person under 18 years of age.
Credits
Added by Laws 1957, c. 313, § 17. Amended by Laws 1973, c. 827, § 45; Laws 1979, c. 698, § 5; Laws 1983, Sp. Sess., c. 7, § 11; Laws 1997, c. 865, § 9.
462.195. Written statement of age by purchaser; proof of age and identity
(1) A licensee conducting a race meet, before selling a mutuel wagering ticket or receipt to any person about whom there is any reasonable doubt of the person having reached the age of 18 years, shall require such person to make a written statement of age and furnish evidence of the true age and identity of the person. The written statement of age shall be on a form furnished by the Oregon Racing Commission, substantially as follows:
Date _______________
I am 18 years of age or over.
___________________________________
Signature
Evidence in support of age and identity:
Driver's License No.________ (________)
State
Military Record No.________
Liquor Permit No.________
Other ________
(Fill in license or card number of any one or more of above)
(2) A licensee who, in good faith and with reasonable cause to believe in its truth, accepts a written statement of age, as provided in subsection (1) of this section, may rely on the truth of the statement as conclusive evidence of the age of the person by whom it is signed.
(3) No person shall make a statement of age, as provided in subsections (1) and (2) of this section, that is false in whole or in part, or produce any evidence that would falsely indicate his or her age.
Credits
Added by Laws 1957, c. 313, §§ 18, 19. Amended by Laws 1973, c. 827, § 46.
462.200. Testing participating animals or licensees; costs of photo patrols
(1) The Oregon Racing Commission by rule may require that chemical analysis be made of the urine, saliva, blood or other body substances of animals participating in race meets or persons required to obtain a license pursuant to this chapter. The cost of such a test shall be paid by the commission.
(2) The costs of photo patrol of races which the commission may require to assist the stewards in resolving disputes or claims or as being in the public interest, including the cost of the photo finish, shall be an expense of the commission.
Credits
Added by Laws 1957, c. 313, § 20. Amended by Laws 1969, c. 356, § 23; Laws 1979, c. 698, § 6; Laws 1987, c. 413, § 8.
Oregon Racing Commission
462.210. Racing Commission; appointment of members
(1) There is created the Oregon Racing Commission to consist of five commissioners who shall be citizens, residents and electors of this state.
(2) Upon the expiration of the term of any member the Governor shall appoint a successor for a term of four calendar years and until the successor is appointed and qualified.
(3) 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.
Credits
Amended by Laws 1973, c. 792, § 16; Laws 1981, c. 544, § 13.
462.220. Compensation of commissioners
The members of the Oregon Racing Commission are entitled to compensation and expenses as provided in ORS 292.495.
Credits
Amended by Laws 1969, c. 314, § 49.
462.230. Filling of vacancies; removal
(1) Vacancies in the office of commissioner shall be filled by appointment to be made by the Governor for the unexpired term.
(2) Any commissioner may be removed by the Governor for cause after a public hearing. Notice of the hearing shall fix the time and place for the hearing and shall specify the charges. Copy of the notice shall be served on the commissioner by mailing it to the commissioner at the last-known address of the commissioner at least 10 days before the date fixed for the hearing.
Each member of the Oregon Racing Commission shall take and subscribe to an oath of office of the same form as that prescribed by law for the elective state offices.
Credits
Amended by Laws 1969, c. 356, § 24; Laws 1987, c. 413, § 17; Laws 1997, c. 865, § 10.
462.250. Commission officers; executive director; officials and employees; board of stewards; rulemaking
(1) The Oregon Racing Commission shall organize by electing one of its members chairperson and one vice chairperson.
(2) The commission shall appoint an executive director, who may be a member of the commission or an employee of the commission in another capacity, a chief state steward and such other employees as are necessary in the performance of the commission's duties. The commission shall fix, within the limits provided by law, and pay the compensation of the executive director and shall fix and pay the compensation of the chief state steward and other employees of the commission.
(3) The commission shall appoint for each race meet stewards, deputy stewards, stewards' reporters, auditors, judges, inspectors, security personnel, chemists, veterinarians, plate inspectors and such other officials as are necessary for the proper conduct of the race meet. The duties of such officials shall be fixed by the commission and their compensation shall be paid by the commission or the race meet licensee, as the commission may prescribe by regulation. The compensation of officials paid by the commission shall be reasonable and shall be fixed by the commission. In fixing such compensation, the commission shall take into account the compensation customarily paid like officials at race meets of a similar type and size. The officials appointed by the commission under this subsection shall not be subject to the State Personnel Relations Law.
(4) The commission may combine in a single person the duties of one or more employees or officials, as efficiency and economy may require.
(5) The commission shall appoint a board of stewards for each race meet.
(a) The board shall consist of the chief state steward, ex officio, and not more than four other persons. For any race meet, the commission may appoint a deputy state steward to act in behalf or as assistant to the chief state steward. The compensation of the chief state steward and deputy state stewards shall be paid by the commission; the compensation of the other stewards shall be paid by the race meet licensee.
(b) The chief state steward, or in the absence of the chief state steward the deputy state steward, shall preside over the board of stewards. The board of stewards shall, under the supervision and direction of the commission, enforce the provisions of this chapter, the rules and regulations of the commission and the customs of the course at the race meet for which it is appointed, and in such enforcement may exercise such power and authority of the commission as the commission may by regulation prescribe.
(6) The commission shall prescribe rules and regulations not inconsistent with the provisions of this chapter.
Credits
Amended by Laws 1955, c. 640, § 1; Laws 1957, c. 313, § 11; Laws 1969, c. 356, § 25; Laws 1987, c. 413, § 16.
462.260. Racing Commission Account; commission office, records, and report
(1) All money payable to the Oregon Racing Commission shall be deposited in the General Fund in the State Treasury to the credit of the Oregon Racing Commission Account. This account is appropriated continuously to the commission for the purposes authorized by law.
(2) The commission may maintain an office and shall keep detailed records of all meetings and of all business transacted, and of all the collections and disbursements, reports of which shall be embodied in an annual report which the commission shall prepare, publish and submit to the Governor and members of the legislature on or before January 31 of each calendar year. This report shall cover the activities of the commission for the preceding fiscal year.
(3) After payment of all current expenses of the commission, the amount remaining in the account shall be credited to the General Fund for general governmental expenses.
Credits
Amended by Laws 1961, c. 488, § 2; Laws 1975, c. 549, § 14; Laws 1981, c. 544, § 14; Laws 1993, c. 682, § 4.
462.265. Application of state budget procedures and supervision of expenditures laws
(1) The Oregon Racing Commission is subject to the provisions of ORS 291.201 to 291.222, including but not limited to the provisions of those sections relating to changes and revisions by the Governor in agency request budgets.
(2) The commission and its officers and employees are subject to the provisions of ORS 291.232 to 291.260 and 291.990.
Credits
Added by Laws 1959, c. 284, §§ 1, 2. Amended by Laws 1969, c. 356, § 35; Laws 2016, c. 117, § 69, eff. April 4, 2016.
462.270. Regulatory authority of commission over race meets; rulemaking
(1) The Oregon Racing Commission shall license, regulate and supervise all race meets held in this state and cause the various places where race meets are to be held to be visited and inspected at least once each fiscal year.
(2) The commission shall be the sole judge of whether or not a race meet shall be licensed. The application for a race meet license shall specify the duration of each race meet, the number of race days the race meet shall continue and the number of races per day. The commission, in its sole discretion, is authorized either to accept or reject any application for a race meet license, and the decision of the commission is a final order which can be contested only on the basis that the commission abused its discretionary authority.
(3) The commission shall prepare and promulgate a complete set of rules to govern the race meets in every phase of operation consistent with the provisions of this chapter, public safety, health, welfare and any other matter pertaining to the good conduct of racing and shall make rules to govern public training tracks consistent with this chapter and with public health, safety, welfare, humane practices, and any other matter pertaining to the good conduct of racing. The commission shall also prepare and promulgate rules for the conduct of hearings held and shall establish the procedure to be followed in accordance with the Administrative Procedures Act then in effect.
(4) The commission shall announce the place, the number of race days and dates and duration of each race meet for which license fees shall be exacted.
Credits
Amended by Laws 1953, c. 497, § 4; Laws 1955, c. 455, § 1; Laws 1981, c. 544, § 20.
462.272. Authority to issue subpoenas, administer oaths, and take depositions
(1) In administering the provisions of this chapter, any member of the Oregon Racing Commission, or an agent authorized by the commission, has power on behalf of the commission to:
(a) Issue subpoenas for the attendance of witnesses and the production of books, records and documents relating to matters before the commission.
(b) Administer oaths.
(c) Take or cause to be taken depositions within or without this state, as provided by law.
(2) The commission, upon request of any person interested in a matter before the commission, may issue subpoenas for the attendance of witnesses or the production of books, records or documents on behalf of such person.
(3) The commission's subpoenas may be served by any person appointed by the commission. They shall be served, and witness fees and mileage shall be paid, as provided in ORS 44.415 (2).
(4) If a person refuses to attend to give testimony or to produce books, records or documents, pursuant to a subpoena issued by the commission, the circuit court of the county where attendance is required, upon application of the commission, shall compel obedience to the subpoena and shall punish refusal to obey or to testify in the same manner as is punished a refusal to obey a subpoena or to testify pursuant to a subpoena issued from the circuit court.
Credits
Added by Laws 1957, c. 313, § 13. Amended by Laws 1987, c. 413, § 9; Laws 1989, c. 980, § 14a.
462.273. Prohibited activities
No member, employee or appointee of the Oregon Racing Commission, or the immediate family member of such a person, may:
(1) Own or have any other financial interest in any animal participating in any race meet in Oregon.
(2) Own or have any other financial interest in any race meet, public training track or race course in Oregon.
(3) Bet or wager, in any manner, on any race meet held under the license and supervision of the commission if such individual acts in an official capacity in connection with that race meet.
Credits
Added by Laws 1961, c. 632, § 2. Amended by Laws 1969, c. 356, § 36; Laws 1979, c. 330, § 5; Laws 1987, c. 413, § 10.
462.275. Programs for betterment of racing; establishment of library
The Oregon Racing Commission may:
(1) Cooperate with the racing commissions or boards of other jurisdictions and with racing organizations in enforcing laws regulating racing, in exchanging information relating to racing, in studying and detecting drugs and in carrying out programs for the betterment of racing.
(2) Establish a library of materials relating to racing, and for that purpose accept gifts of books, periodicals and library equipment.
Credits
Added by Laws 1957, c. 313, § 15.
462.277. Authority of enforcement agents; service and execution of warrants
Enforcement agents, designated as such by the Oregon Racing Commission, shall have the authority to serve and execute warrants of arrest and search warrants in the manner provided by law.
Credits
Added by Laws 1957, c. 313, § 14. Amended by Laws 1987, c. 413, § 11.
462.280 to 462.300. Repealed by Laws 1993, c. 682, § 13, eff. Aug. 18, 1993
462.280 to 462.300. Repealed by Laws 1993, c. 682, § 13, eff. Aug. 18, 1993
462.280 to 462.300. Repealed by Laws 1993, c. 682, § 13, eff. Aug. 18, 1993
462.280 to 462.300. Repealed by Laws 1993, c. 682, § 13, eff. Aug. 18, 1993
[Exchange Wagering Omitted (O.R.S. § 462.301 - 340)]
GENERAL REGULATIONS RESPECTING ANIMAL RACING
462.405. Sanctions imposed by board of stewards; inquiry and hearing; review; fees
(1) The board of stewards appointed by the Oregon Racing Commission for a race meet may, after an inquiry and hearing, impose appropriate sanctions for failure to comply with the laws and rules of racing and with the authorized commission or board directives applicable to said race meet, subject to the following limitations:
(a) A civil penalty may not exceed $500 per offense.
(b) A license suspension may not be for a period longer than 365 calendar days from the date of issuance of the order of the board of stewards.
(2) Any sanction imposed by the board of stewards shall take effect on the date so indicated in the board's ruling unless the effective date is stayed for good cause shown by specific order of the executive director of the commission, or a member of the commission, pending commission review.
(3) In lieu of the board of stewards conducting any inquiry and hearing provided for by subsection (1) of this section, the board of stewards may request the commission to appoint and designate a person to conduct such inquiry and hearing who shall be known as a hearings master. The hearings master shall have the same authority and power as the board of stewards in conducting the inquiry and hearing. Any person adversely affected by any hearings master ruling has the right to appeal to the commission as provided for in subsection (4) of this section. The hearings master need not be an administrative law judge assigned from the Office of Administrative Hearings established under ORS 183.605.
(4) The board of stewards may refer any matter before it to the commission for appropriate review or action either before or after a board hearing or ruling. A person adversely affected by any board ruling has the right to appeal to the commission for a review and hearing as provided in ORS chapter 183. Such review shall be perfected by filing a written notice of appeal with the executive director within 10 days after the board ruling is issued. Hearings conducted by the commission under this subsection shall be heard by an administrative law judge assigned from the Office of Administrative Hearings established under ORS 183.605. The commission is not limited in its actions or in the sanctions it may impose by any ruling of the board or by any limitation imposed upon the board by commission rule or regulation or by subsection (2) of this section.
(5) Except as provided in this subsection, an adversely affected person that files a written notice of appeal under subsection (4) of this section shall pay the commission a filing fee of $50. The executive director may waive the fee upon request if payment would cause the person undue hardship. The commission shall refund the fee if:
(a) The appeal is withdrawn more than 21 days before the scheduled hearing date;
(b) The person and the commission agree to an informal disposition of the appeal; or
(c) The person asserts any objectively reasonable basis for the appeal at hearing, regardless of whether the appeal is successful.
(6) If an adversely affected person that filed a written notice of appeal under subsection (4) of this section withdraws the appeal on or after the 21st day before the scheduled hearing date, the commission may require the person to pay all or part of the costs incurred by the state as a result of the appeal.
(7) The final order after hearing shall award the commission costs and reasonable attorney fees incurred as a result of an appeal filed by an adversely affected person under subsection (4) of this section if:
(a) The person fails, without good cause, to appear at the hearing; or
(b) The findings of fact and conclusions of law by the administrative law judge state that there was no objectively reasonable basis for the appeal.
Credits
Added by Laws 1969, c. 356, § 3. Amended by Laws 1973, c. 612, § 23; Laws 1977, c. 855, § 11; Laws 1981, c. 544, § 16; Laws 1987, c. 413, § 18; Laws 1989, c. 357, § 2; Laws 1997, c. 865, § 11; Laws 1999, c. 849, §§ 87, 88; Laws 2003, c. 75, § 37; Laws 2011, c. 597, § 205, eff. July 1, 2011, operative Jan. 1, 2012; Laws 2015, c. 86, § 1, eff. Jan. 1, 2016.
462.408. Action to recover costs and reasonable legal fees
The Attorney General, at the request of the Oregon Racing Commission, shall bring an action in a court of competent jurisdiction to recover:
(1) Costs described in ORS 462.405 (6) plus reasonable legal fees for the recovery action.
(2) An award contained in a final order described in ORS 462.405 (7) plus reasonable legal fees for the recovery action.
Credits
Added by Laws 2015, c. 86, § 2, eff. Jan. 1, 2016.
462.410. Repealed by Laws 1969, c. 356, § 38
462.415. Animals barred from racing; effect of violation; medication program; testing
(1) An animal may not participate in any race if:
(a) Less than 24 hours before post time the animal has been administered any drug that is prohibited by the Oregon Racing Commission.
(b) The animal possesses in its system, on race day, either prior to or at the time of the race any drug detected by any of the testing methods approved by the commission or customarily employed in the testing of urine, saliva, blood or other samples from racing animals.
(c) The animal's performance was stimulated, depressed or otherwise affected in any manner by use prior to or during the race of any electrical, mechanical or other device not sanctioned by the commission.
(d) The animaltisfy all of the conditions of the race prescribed by the racing secretary.
(2) A person may not ente fails to sar or allow to be entered in any race any animal if the person knows, or by exercise of reasonable diligence should have known, that its participation is prohibited under subsection (1) of this section.
(3) A trainer, upon entering an animal and allowing it to participate in a race, represents that the animal is in a fit condition and that its participation is not prohibited under subsection (1) of this section. The trainer is responsible for and the absolute insurer of the condition of the animal regardless of the acts of third parties.
(4) An animal that participates in violation of subsection (1) of this section shall be disqualified and the order of finish revised. If the animal is disqualified, its owner may not share or participate in any purse, earnings, trophies or other emoluments of the race. Any revision in the order of finish after a race has been declared "official" by the stewards does not affect the mutuel payoff to the public.
(5) Notwithstanding this section or any other section in this chapter, the commission may, by rule, adopt a medication program subject to commission control and supervision that it finds to be in the best interest of racing. Notification to the public that an animal is currently using a drug shall be left to the discretion of the commission.
(6) Testing of samples from racing animals may be performed only at laboratory facilities certified by the commission as having the capability to provide timely, accurate test results.
(7) Notwithstanding any other provision of this chapter, the commission, by rule, may adopt tolerances for medication, or residues thereof, that may be detected through tests approved under subsection (6) of this section.
Credits
Added by Laws 1969, c. 356, § 4. Amended by Laws 1975, c. 550, § 8; Laws 1977, c. 855, § 12; Laws 1989, c. 357, § 3; Laws 1991, c. 472, § 1; Laws 2007, c. 431, § 1, eff. Jan. 1, 2008.
462.417. Purse schedule
The schedule of purses to be paid during a race meet, including the number of animals sharing in the purse of a race, shall be fair and reasonable. The purse schedule must be submitted to and approved by the Oregon Racing Commission prior to commencement of the race meet.
Credits
Added by Laws 1969, c. 356, § 2.
462.420. Stimulation or depression of animal involved in race
No person shall stimulate or depress any animal involved in any race or otherwise affect in any way the animal's ability to perform therein, either prior to or during a race, by the administration of drugs or by the use of any electrical device or equipment or by any mechanical or other device not sanctioned by the Oregon Racing Commission.
Credits
Added by Laws 1953, c. 498, § 3. Amended by Laws 1969, c. 356, § 30.
462.430. Influencing results of races; possession of electrical devices or needles
(1) No person shall influence or conspire or attempt to influence or conspire with any other person to affect the result of any race in which an animal participates by stimulating or depressing any animal involved in such race or otherwise affecting in any way the animal's ability to perform therein, either prior to or during a race, through the administration of any drug to such animal, or by the use of any electrical device or equipment or by any mechanical or other device not sanctioned by the Oregon Racing Commission.
(2) Possession, within the confines of a race course, of any electrical device or equipment or of any mechanical or other device not sanctioned by the commission, either prior to, during or after a race, by a person associating with a racing animal, shall be deemed as attempting to affect the result of any race.
(3) No person shall possess, transport or use, within the confines of a race course, any syringe or needle used for medication purposes or any electrical, mechanical or other device, unless sanctioned by the commission or the stewards, which could affect the racing performance of an animal.
Credits
Added by Laws 1953, c. 498, § 2. Amended by Laws 1969, c. 356, § 31; Laws 1977, c. 855, § 13.
462.440. Repealed by Laws 1969, c. 356, § 38
462.450. Possession or use of drugs at race track; prescription
(1) No person shall possess, transport or use any drug within the confines of a race course, except upon a bona fide veterinarian's prescription with a complete statement of the uses and purposes of such prescription upon the container of such prescription.
(2) A copy of such prescription shall be filed with the Oregon Racing Commission veterinarian of the race meet, and such prescription shall be used only with the approval of the said commission veterinarian.
Credits
Added by Laws 1953, c. 498, § 7. Amended by Laws 1969, c. 356, § 32; Laws 1975, c. 549, § 16; Laws 1979, c. 698, § 14.
462.460. Name or designation of animal registered; alteration of license
(1) No person shall knowingly enter or race any animal in any race under any name or designation other than that name or designation assigned to such animal by and registered with such club or association or other governing body recognized by the Oregon Racing Commission for such purpose.
(2) No person shall knowingly alter, modify or change any license issued by the commission, or knowingly possess any license issued by the commission which has been altered, modified or changed.
(3) No person shall knowingly aid, abet, counsel, instigate, engage in or in any way further any act by which a license issued by the commission is altered, modified or changed.
Credits
Added by Laws 1953, c. 498, § 5. Amended by Laws 1981, c. 544, § 17.
462.470. Aiding or abetting racing of animal under name or designation other than as registered
No person shall aid, abet, counsel, instigate, engage or in any way further any act by which any animal is entered or raced in any race under any name or designation other than that name or designation assigned to such animal by and registered with such club or association or other governing body recognized by the Oregon Racing Commission for such purpose.
Credits
Added by Laws 1953, c. 498, § 6.
462.510. Touting; sale of predictions on race outcome
(1) Any person who attempts to, or does persuade, procure or cause another person to wager on an animal participating in a race, and upon which money is wagered, and who asks or demands, or accepts compensation as a reward for information or purported information given in such case is a tout, and is guilty of touting.
(2) Predictions on the outcome of horse races and greyhound races may be sold on the licensee's premises in accordance with rules promulgated by the Oregon Racing Commission.
Credits
Added by Laws 1953, c. 499, § 1. Amended by Laws 1975, c. 549, § 17.
462.520. False use of racing official's name in commission of touting
Any person who in the commission of touting falsely uses the name of any official of the Oregon Racing Commission, its inspectors or attaches, or of any official of any race track association, or the names of any owner, trainer, jockey or other person licensed by the commission as the source of any information or purported information is guilty of a misdemeanor.
Credits
Added by Laws 1953, c. 499, § 2. Amended by Laws 1969, c. 356, § 33.
462.530. Repealed by Laws 1969, c. 356, § 38
[Off-Race Course Mutuel Wagering; Multi-Jurisdictional Operations (O.R.S. § 462.700 - 740) omitted]
Penalties
462.990. Criminal penalties
(1) Except as provided in this section, violations of any provision of this chapter is a Class A misdemeanor.
(2) Any person violating the provisions of ORS 462.420, 462.430, 462.450, 462.460, 462.470 or 462.415 (2) commits a Class C felony.
(3) Any person who conspires or attempts to commit or commits any act of touting as defined in ORS 462.510 commits a Class B misdemeanor.
(4) Any person violating the provisions of ORS 462.140 (1) commits a Class A misdemeanor.
Credits
Added by Laws 1953, c. 498, § 8. Amended by Laws 1953, c. 499, § 5; Laws 1955, c. 538, § 2; Laws 1957, c. 313, § 22; Laws 1969, c. 356, § 34; Laws 1969, c. 528, §§ 1, 2; Laws 1987, c. 320, § 235; Laws 2011, c. 597, § 206, eff. July 1, 2011, operative Jan. 1, 2012.