WSR 03-04-089

PROPOSED RULES

HORSE RACING COMMISSION


[ Filed February 4, 2003, 10:31 a.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 03-01-016.

     Title of Rule: WAC 260-48-630 Close of wagering in a race.

     Purpose: To amend WAC 260-48-630 to require a commission representative to close wagering for only live racing. Close of wagering during simulcast races shall be the responsibility of the racing association receiving the simulcast signal.

     Statutory Authority for Adoption: RCW 67.16.020.

     Summary: The Washington Horse Racing Commission shall be responsible to ensure stop betting has occurred during live races in Washington. The racing association receiving the simulcast signal shall ensure stop betting has occurred at the start of simulcast races.

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

     Name of Proponent: Washington Horse Racing Commission, governmental.

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

     Explanation of Rule, its Purpose, and Anticipated Effects: The purpose of proposed rule is to clarify who has the responsibility to close wagering for a race after which time no parimutuel tickets may be sold for that race. The proposed rule will make it the responsibility of a commission representative to close wagering only during live races conducted in Washington. It shall be the racing association's responsibility to ensure wagering is closed for any simulcast race received by the racing association.

     Proposal Changes the Following Existing Rules: The current rule implies that a Washington Horse Racing Commission representative shall close wagering at both live and simulcast rages. The proposed change clarifies that a Washington Horse Racing Commission representative shall close wagering only for live races conducted in Washington. The racing association receiving the simulcast signal shall close wagering during simulcast races.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. The changes will not impose any costs upon businesses in the horse racing industry.

     RCW 34.05.328 does not apply to this rule adoption. The rule is not subject to this section under RCW 34.05.328 (5)(a).

     Hearing Location: Auburn City Council Chambers, 25 West Main, Auburn, WA 98001, (253) 931-3041, on March 13, 2003, at 1:00 p.m.

     Submit Written Comments to: Robert M. Leichner, Washington Horse Racing Commission, 6326 Martin Way, #209, Olympia, WA 98516-5578, fax (360) 459-6461, by March 12, 2003.

     Date of Intended Adoption: March 13, 2003.

February 3, 2003

R. M. Leichner

Executive Secretary


AMENDATORY SECTION(Amending WSR 96-10-014, filed 4/19/96, effective 6/11/96)

WAC 260-48-630   Closing of wagering in a race.   (1) Coincident with the start of a live race, a commission representative shall close wagering for the race after which time no parimutuel tickets shall be sold for that race.

     (2) Coincident with the start of any simulcast race the association shall be responsible to ensure that wagering is closed for the race after which time no parimutuel tickets shall be sold for that race.

     (3) (2) The association shall maintain in good order an electrical or other system approved by the commission for locking of parimutuel machines.

[Statutory Authority: RCW 67.16.040. 96-10-014, § 260-48-630, filed 4/19/96, effective 6/11/96.]

     Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.

     Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

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