462-220-0040
State of Oregon Share of the Pari-Mutuel Handle.

In addition to the licensing fee set forth in OAR 462-220-0030(6), the hub operator shall pay to the Oregon Racing Commission the payments authorized by ORS 462.725(4)(b) on all grossgross  net mutuel wagering receipts minus cancels and refunds recorded by the hub's totalizator system during the license period. The payments shall be made as follows:

(1) Payments shall be made each month based on the gross gross net mutuel wagering receipts for that month.

(2) Payments shall be made in a timely manner as prescribed by the executive director of the commission.

(3) Payments shall be calculated according to one of the following formulas as elected by the hub operator in the manner specified in section (6):

(a) Payment of 0.125% of the first 60 million dollars in gross  gross net mutuel wagering receipts  during the license period and 0.25% of the gross gross net mutuel wagering receipts  in excess of 60 million dollars during that period; or

(b) Payment of 0.25% of gross gross net mutuel wagering receipts, except that if the hub operator conducts business in a state where hubs are specifically authorized and the tax rate is less than 0.25%, the tax rate for wagers by the residents of such state would be that of the state in which they reside. This exception is limited to a single state designated by the hub operator in the manner specified in section (7).

(4) Advanced deposit wagering handle from past live racing products will be calculated separately from all other gross net mutual wagering receipts recorded by the hub’s totalizator system. These product wagering receipts will, however, follow the same payment structure as all other gross net wagering receipts including the maximum payment set out in section (6).

(5) (4) Each affiliate of a licensed multi-jurisdictional hub will follow the same payment structure as the licensed multi-jurisdictional hub including the calculations set out in section 3 and the maximum payment set out in section 6 5. The additional payments, as outlined in (3), will occur after the affiliate’s first $20,000,000.00 in handle or after the licensee has reached their maximum payment, whichever occurs last. The first $20,000,000.00 of the affiliate's handle and any additional handle if the licensee has not yet reached their maximum payment is exempt from separate fee payments. The first $20,000,000.00 will nevertheless apply toward the licensee’s maximum payment. If an affiliate is operating non-merged pools, and exceeds the maximum payment as defined in (5), they shall pay .125% on all additional non-merged pool wagers placed through the licensee. There will be no maximum payment assessed on wagers placed on non-merged pools.

(5) The maximum payment for each fiscal year will be published in advance and will increase by 2.5% each fiscal year. The commission may change that limit prior to the start of each fiscal year.

(6) Notwithstanding OAR 462-220-0040 (5), the maximum payment set out in section (6) will increase 2.5% on an annual basis for each fiscal year through 2029-2030 unless the commission changes that limit before the beginning of a fiscal year. Maximum payments through fiscal year 2029-2030 are calculated below.

Fiscal Year — Fee Payment Schedule:

2025-26    - $838,027.88

2026-27 -    $858,978.58

2027-28 - $880,453.04

2028-29 - $902,464.37

2029-2030 - $925,025.97

(7) (6) The hub operator shall state in its license application its election to pay tax calculated pursuant to section (3), subsections (a) or (b), for gross gross net mutuel wagering handle minus cancels and refunds minus cancels and refunds and shall also designate a state that is subject to the exception in section (3), subsection (b), if that formula is elected. The hub operator statement shall be made in its license application or at such other time as is specified by the Commission. Neither the payment formula nor the state subject to the exception may be changed during a license period without the prior approval of the Commission.

Statutory/Other Authority: ORS 462.270(3) & 462.725
Statutes/Other Implemented: ORS 462.725
History:
RC 13-2025, minor correction filed 10/08/2025, effective 10/08/2025
RC 10-2025, amend filed 08/27/2025, effective 08/28/2025
RC 5-2024, amend filed 02/23/2024, effective 02/23/2024
RC 2-2023, amend filed 03/02/2023, effective 03/02/2023
RC 2-2019, amend filed 10/10/2019, effective 10/10/2019
RC 8-2018, amend filed 12/10/2018, effective 12/10/2018
RC 2-2016, f. & cert. ef. 5-9-16
RC 3-2012, f. 10-9-12, cert. ef. 10-15-12
RC 2-2012, f. 5-29-12, cert. ef. 6-1-12
RC 1-2005, f. 5-23-05, cert. ef. 7-1-05
RC 3-2004, f. 6-23-04, cert. ef. 7-1-04
RC 4-2003, f. 6-20-03, cert. ef. 7-1-03
RC 3-2003, f. 6-13-03, cert. ef. 7-1-03
RC 4-2002, f. & cert. ef. 6-28-02
RC 1-2001, f. & cert. ef. 3-19-01
RC 3-2000, f. 3-27-00, cert. ef. 5-1-00

 

Fiscal impact: No

Advisory meeting required: Yes December 4, 2025, 12:00

Hearing requirement: Yes December 18, 2025, Commissioner Berry

Reason for the rule:

Corrects the gross to net

Removes unnecessary language that requires constant updating

Clarifies Non-Merged Pool requirements.