WSR 07-11-028

PROPOSED RULES

HORSE RACING COMMISSION


[ Filed May 7, 2007, 1:16 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 07-07-109.

Title of Rule and Other Identifying Information: WAC 260-36-010 License required.

Hearing Location(s): Auburn City Council Chambers, 25 West Main, Auburn, WA 98001, on July 12, 2007, at 9:30 a.m.

Date of Intended Adoption: July 12, 2007.

Submit Written Comments to: Robert J. Lopez, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, e-mail rlopez@whrc.state.wa.us, fax (360) 459-6461, by July 9, 2007.

Assistance for Persons with Disabilities: Contact Patty Sorby by July 9, 2007, TTY (360) 459-6462.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed amendment to WAC 260-36-010 will allow a Class A and B racing association to hire mutuel clerks, licensed in another recognized jurisdiction, to work at a Class A or B racing association for a period not to exceed four days in any calendar year without having to obtain a license from the commission. This will allow Class A and B racing association to put on more staff for high attendance days, i.e. the Kentucky Derby or the Longacre's Mile.

Reasons Supporting Proposal: Supports the horse racing industry.

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: Robert J. Lopez, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, (360) 459-6462; Implementation and Enforcement: Robert M. Leichner, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, (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.

May 4, 2007

R. J. Lopez

Deputy Secretary

OTS-9643.1


AMENDATORY SECTION(Amending WSR 07-01-052, filed 12/14/06, effective 1/14/07)

WAC 260-36-010   License required.   (1) Any person acting in an official capacity or any person participating directly in horse racing must have a valid license, except as provided in subsection (2) of this section.

(2) The following persons are not required to have a license:

(a) Commissioners and employees of the commission ((do not require a license.));

(b) Persons employed by a racing association who only perform duties of concessions, housekeeping, parking, food and beverage, landscaping or similar functions, and do not act in an official capacity or participate directly in horse racing ((are not required to be licensed)); and

(c) Persons employed by an out-of-state racing association and holding a valid license from a recognized racing jurisdiction, who work for a Class A or B racing association as parimutuel clerks for a period not to exceed four days in any calendar year.

(3) Decisions regarding who is required to be licensed, if not addressed in this chapter, will be made by the executive secretary. It is a violation of these rules for any person to act in an official capacity or participate directly in horse racing unless licensed by the commission.

[Statutory Authority: RCW 67.16.020. 07-01-052, 260-36-010, filed 12/14/06, effective 1/14/07. Statutory Authority: RCW 67.16.020 and 67.16.040. 06-05-039, 260-36-010, filed 2/9/06, effective 3/12/06. Rules of racing, 348, filed 4/21/61.]

Washington State Code Reviser's Office