WSR 06-22-042

PROPOSED RULES

HORSE RACING COMMISSION


[ Filed October 26, 2006, 8:32 a.m. ]

Supplemental Notice to WSR 06-19-054.

Preproposal statement of inquiry was filed as WSR 06-16-014.

Title of Rule and Other Identifying Information: Three new sections in chapter 260-36 WAC, Licensing, are being adopted to meet anticipated changes to the collection of industrial insurance premiums. The new sections address (1) the new requirements to collect premiums for exercise riders; (2) the number based upon the number of stalls or papers in the race office; and (3) short-duration industrial insurance coverage and reciprocal agreements with other states regarding industrial insurance.

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: Patty Sorby, 6326 Martin Way, Suite 209, Olympia, WA 98516, e-mail psorby@whrc.state.wa.us, fax (360) 459-6462, 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:

Reasons Supporting Proposal: Allows for changes in industrial insurance coverage recommended by an industry workgroup and supported by the Washington horse racing commission. These new sections will be necessary if labor and industries adopts the changes requested by the commission.

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, 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 24, 2006

R. M. Leichner

Executive Secretary

OTS-9125.3


NEW SECTION
WAC 260-36-220   Industrial insurance premiums.   (1) At the time of licensing, a trainer must pay industrial insurance premiums established by labor and industries, unless exempted under WAC 260-36-240.

(2) A trainer must pay an industrial insurance premium for exercise riders based upon the number of stalls the trainer has on the grounds of a racing association, or upon the registration papers in the race office, whichever is greater. In the event the number of stalls a trainer has on the grounds or the registration papers in the race office are unavailable, the number of industrial insurance premiums for exercise riders will be based upon the number of stalls or papers in the race office from the previous year. The calculation of exercise rider industrial insurance premiums for trainers at Class C racetracks is the total horses under that trainer at all the Class C racetracks. The number of exercise riders for which a trainer is required to pay industrial insurance premiums will be determined as follows:

(a) For zero to twelve stalls on the grounds or papers in the race office, a trainer must pay an industrial insurance premium for one exercise rider;

(b) For thirteen to twenty-four stalls on the grounds or papers in the race office, a trainer must pay an industrial insurance premium for two exercise riders;

(c) For twenty-five to thirty-six stalls on the grounds or papers in the race office, a trainer must pay an industrial insurance premium for three exercise riders; and

(d) For thirty-seven or more stalls on the grounds or papers in the race office, a trainer must pay an industrial insurance premium for four exercise riders.

(3) If the trainer increases the number of horses or stalls during the license year, the trainer must pay the exercise rider industrial insurance premiums as provided in subsection (2)(a) through (d) of this section.

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NEW SECTION
WAC 260-36-230   Short duration industrial insurance coverage.   (1) Trainers entering horses to run in Washington races will be allowed to obtain short duration industrial insurance coverage under the following conditions:

(a) Trainers who ship in to Class A or B race meets may purchase short duration industrial insurance coverage for seven consecutive calendar days. The trainer must pay twenty percent of the trainer base premium, and twenty percent for each groom slot obtained, assistant trainer hired, and each exercise rider as required in WAC 260-36-220 (all rounded to the next whole dollar). The base premium used for this calculation will be the industrial insurance premiums for Class A or B race meets. A trainer may only purchase Class A or B race meet short duration coverage for three seven-day periods per calendar year.

(b) Trainers who ship in to Class C race meets may purchase short duration industrial insurance coverage for seven consecutive calendar days. The trainer must pay twenty percent of the trainer base premium, and twenty percent of each groom slot obtained, assistant trainer hired, and each exercise rider as required in WAC 260-36-220 (all rounded to the next whole dollar). The base premium used for this calculation will be the industrial insurance premiums for Class C race meets. A trainer may only purchase Class C race meet short duration coverage for three seven-day periods per calendar year. Class C race meet short duration industrial insurance coverage is not transferable to a Class A or B race meet.

(2) Before short duration coverage will be allowed, a trainer must obtain a license and pay all applicable license and fingerprint fees required in WAC 260-36-085. The trainer is also required to ensure that each groom, assistant trainer, pony rider, and exercise rider hired by the trainer has a proper license. A trainer may only employ persons on the grounds of the racing association who are properly licensed by the commission.

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NEW SECTION
WAC 260-36-240   Industrial insurance coverage -- Reciprocal agreements.   The state of Washington has reciprocal agreements with other states. Trainers shipping in from these jurisdictions who have industrial insurance from a reciprocal state need not obtain industrial insurance coverage so long as they comply with the conditions of RCW 51.12.120 and WAC 296-17-31009.

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Washington State Code Reviser's Office