WSR 08-21-011

PROPOSED RULES

HORSE RACING COMMISSION


[ Filed October 3, 2008, 8:26 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 08-17-053.

Title of Rule and Other Identifying Information: WAC 260-24-650 Clocker.

Hearing Location(s): Auburn City Council Chambers, 25 West Main, Auburn, WA 98002, on December 11, 2008, at 9:30 a.m.

Date of Intended Adoption: December 11, 2008.

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 December 5, 2008.

Assistance for Persons with Disabilities: Contact Patty Sorby by December 5, 2008, TTY (360) 459-6462.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To provide language that would enable commission clockers (state employees) to enter daily workout records into the Equibase database as long as (1) it is at a Class A racing association; (2) the Class A racing association has been designated as a racing association, in which commission employees will clock horses; and (3) the Class A racing association compensates the commission the full cost associated with entering the daily workout record information.

Reasons Supporting Proposal: Allows state employees, who are clocking morning workouts to also enter the daily workout record information to a for-profit company without violating the Ethics in Public Service Act, chapter 42.52 RCW.

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.

October 3, 2008

R. J. Lopez

Deputy Secretary

OTS-1954.1


AMENDATORY SECTION(Amending WSR 08-05-088, filed 2/15/08, effective 3/17/08)

WAC 260-24-650   Clocker.   (1) The clocker is responsible for the following duties:

(a) Be present during training hours at each association to record the time and distance of each horse's official workout. (A clocker is not required to be present for any other workouts);

(b) Prepare a daily record of all official workouts, which must include:

(i) The name of each horse;

(ii) The name of the track and training center where the official workout occurred; and

(iii) The time and distance of each horse's official workout;

(c) Deliver the daily record of all official workouts occurring on association grounds to the racing secretary at the end of each day's training.

(2) At those Class A racing associations designated by the commission, a commission clocker may enter into equibase the daily record of all official workouts occurring on association grounds as long as the commission is compensated by the racing association for the full cost associated with entering the daily record information.

(3) The clocker recording official workouts off the association grounds, during the association's scheduled race meet and training dates, will deliver the daily record of all official workouts to the racing secretary within twenty-four hours.

(((3))) (4) Approval for a clocker's license will be based on the individual's knowledge of and proficiency in performing clocking activities.

[Statutory Authority: RCW 67.16.020 and 67.16.040. 08-05-088, 260-24-650, filed 2/15/08, effective 3/17/08. Statutory Authority: RCW 67.16.020. 04-07-074, 260-24-650, filed 3/15/04, effective 4/15/04. Statutory Authority: RCW 67.16.040. 00-20-028, 260-24-650, filed 9/27/00, effective 10/28/00; 98-01-145, 260-24-650, filed 12/19/97, effective 1/19/98.]

Washington State Code Reviser's Office