WSR 07-01-051

PERMANENT RULES

HORSE RACING COMMISSION


[ Filed December 14, 2006, 2:06 p.m. , effective January 14, 2007 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: Adopt new sections to implement changes in labor and industries requirements that identified a new risk class for exercise riders.

Statutory Authority for Adoption: [RCW 67.16.020.]

Adopted under notice filed as WSR 06-19-054 on December 14 [September 18], 2006, [and WSR 06-22-042 on October 26, 2006].

Changes Other than Editing from Proposed to Adopted Version: Change in term used of exercise person and pony person will be listed as exercise rider and pony rider for better description of duties.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 3, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 3, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: December 14, 2006.

R. M. Leichner

Executive Secretary

OTS-9125.5


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) A trainer at a Class A or B track must pay an industrial insurance premium for exercise riders based upon the number of stalls the trainer has both on and off the grounds of a racing association. The registration papers filed in the race office may be used to determine the number of stalls the trainer has on the grounds. As to stalls off the grounds of a racing association, a trainer must count all stalls that are used for horses subject to being ridden by licensed exercise riders employed by the trainer, where those exercise riders are subject to Washington labor and industries industrial insurance coverage.

(b) 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.

(c) The number of exercise riders for which a trainer is required to pay industrial insurance premiums will be determined as follows:

(i) For zero to twelve stalls a trainer must pay an industrial insurance premium for one exercise rider;

(ii) For thirteen to twenty-four stalls a trainer must pay an industrial insurance premium for two exercise riders;

(iii) For twenty-five to thirty-six stalls a trainer must pay an industrial insurance premium for three exercise riders; and

(iv) For thirty-seven or more stalls a trainer must pay an industrial insurance premium for four exercise riders.

(3) The calculation of exercise rider industrial insurance premiums for trainers at Class C racetracks is the total number of horses listed 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 horses listed, a trainer must pay an industrial insurance premium for one exercise rider;

(b) For thirteen to twenty-four horses listed, a trainer must pay an industrial insurance premium for two exercise riders;

(c) For twenty-five to thirty-six horses listed, a trainer must pay an industrial insurance premium for three exercise riders; and

(d) For thirty-seven or more horses listed, a trainer must pay an industrial insurance premium for four exercise riders.

(4) If any trainer increases the number of horses listed or the number of stalls on or off the grounds during the license year, the trainer must pay an additional exercise rider industrial insurance premium owed as provided in 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