WSR 06-22-010

PROPOSED RULES

HORSE RACING COMMISSION


[ Filed October 20, 2006, 8:27 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 06-17-034.

Title of Rule and Other Identifying Information: WAC 260-36-085 License and fingerprint fees.

Hearing Location(s): Auburn City Council Chambers, 25 West Main, Auburn, WA 98001, on December 14, 2006, at 9:30 a.m.

Date of Intended Adoption: December 14, 2006.

Submit Written Comments to: Robert M. Leichner, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, e-mail rleichner@whrc.state.wa.us, fax (360) 459-6461, by December 13, 2006.

Assistance for Persons with Disabilities: Contact Patty Sorby by December 11, 2006, TTY (360) 459-6462.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: License and fingerprint fees may need to be increased to comply with the mandate that license fees cover the cost to administrative [administrate] the licensing program. In addition, the agency plans to continue its efforts towards regulatory reform and to write rules in clear language so they are easily understood by those they apply to.

Reasons Supporting Proposal: In compliance with mandate to charge license fees to cover the administrative costs.

Statutory Authority for Adoption: RCW 67.16.020.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Washington horse racing commission, governmental.

Name of Agency Personnel Responsible for Drafting: Patty Sorby, Olympia, Washington, (360) 459-6462; Implementation and Enforcement: Robert M. Leichner, Olympia, Washington, (360) 459-6462.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable.

A cost-benefit analysis is not required under RCW 34.05.328. Not applicable.

October 18, 2006

R. M. Leichner

Executive Secretary

OTS-9337.1


AMENDATORY SECTION(Amending WSR 06-05-039, filed 2/9/06, effective 3/12/06)

WAC 260-36-085   License and fingerprint fees.   The following are the license fees for any person actively participating in racing activities:


Apprentice jockey $((67.00))

69.00

Assistant trainer $((31.00))

32.00

Association employee -- management $21.00
Association employee -- hourly/seasonal $11.00
Association volunteer nonpaid No fee
Authorized agent $21.00
Clocker $21.00
Exercise ((rider)) person $((67.00))

69.00

Groom $21.00
Honorary licensee $11.00
Jockey agent $((67.00))

69.00

Jockey $((67.00))

69.00

Other $21.00
Owner $((67.00))

69.00

Pony person $((67.00))

69.00

Service employee $21.00
Spouse groom $21.00
Stable license $((41.00))

42.00

Trainer $((67.00))

69.00

Vendor $((103.00))

106.00

Veterinarian $((103.00))

106.00


The license fee for multiple licenses ((shall)) may not exceed $((103.00)) 106.00, except persons applying for owner, veterinarian or vendor license ((shall)) must pay the license fee established for each of these licenses.

The following are examples of how this section applies:

Example one - A person applies for the following licenses: Trainer ($((67.00)) 69.00), exercise person ($((67.00)) 69.00), and pony person ($((67.00)) 69.00). The total license fee for these multiple licenses would only be $((103.00)) 106.00.

Example two - A person applies for the following licenses: Owner ($((67.00)) 69.00), trainer ($((67.00)) 69.00) and exercise person ($((67.00)) 69.00). The total cost of the trainer and exercise person license would be $((103.00)) 106.00. The cost of the owner license ($((67.00)) 69.00) would be added to the maximum cost of multiple licenses ($((103.00)) 106.00) ((to determine the)) for a total license fee of $((170.00)) 175.00.

Example three - A person applies for the following licenses: Owner ($((67.00)) 69.00), vendor ($((103.00)) 106.00), and exercise person ($((67.00)) 69.00). The license fees for owner ($((67.00)) 69.00) and vendor ($((103.00)) 106.00) are both added to the license fee for exercise person ($((67.00)) 69.00) for a total license fee of $((237.00)) 244.00.

In addition to the above fees, a $10.00 fee will be added to cover the costs of conducting a fingerprint-based background check. The background check fee will be assessed only once annually per person regardless of whether the person applies for more than one type of license in that year.

The commission ((shall)) will review license and fingerprint fees annually to determine if they need to be adjusted to comply with RCW 67.16.020.

[Statutory Authority: RCW 67.16.020 and 67.16.040. 06-05-039, 260-36-085, filed 2/9/06, effective 3/12/06. Statutory Authority: RCW 67.16.020. 04-24-019, 260-36-085, filed 11/22/04, effective 12/23/04.]

Washington State Code Reviser's Office