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2002 Oregon Attorney General Reports and Opinions 1 (2002)

handle is hein.sag/sagor0033 and id is 1 raw text is: HARDY MYERS PETER D. SHEPHERD Attorney General A Deputy Attorney General DEPARTMENT OF JUSTICE GENERAL COUNSEL DIVISION April 5, 2002 Steven W. Barham Executive Director Oregon Racing Commission Portland State Office Building, Suite 310 800 NE Oregon Street #1 Portland, OR 97232 Clifton D. Lewis Director of Business Services Oregon State Fair and Exposition Center 2330 17th Street NE Salem, OR 97303-1788 Re: Opinion Request OP-2002-2 Dear Mr. Barham and Mr. Lewis: You ask who controls or owns several portable horse stalls that the Oregon State Fair and Exposition Center (Fair) purchased with a special track fund established by ORS 462.057(1)(c)(F). We conclude that the Fair controls the stalls, which are owned by the State of Oregon. Discussion The Oregon Racing Commission (ORC) regulates animal racing in Oregon. ORC may grant the Fair up to 65 days per fiscal year to conduct racing at the state fairgrounds. ORS 462.125(5). When the Fair conducts races, it must make the payments required of horse and mule racing licensees under ORS 462.057(1). Id. Specifically, ORS 462.057(1)(c)(F) requires the Fair to deposit from the gross mutual wagering into 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 - .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 1162 Court Street NE, Salem, OR 97301-4096 Telephone: (503) 378-6003 Fax: (503) 378-6829 TTY: (503) 378-5938

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