WSR 03-07-054

PROPOSED RULES

HORSE RACING COMMISSION


[ Filed March 14, 2003, 1:43 p.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 03-03-067.

     Title of Rule: WAC 260-13-420 Payment of Class A and B license fees.

     Purpose: To amend WAC 260-13-420 to bring it into compliance with RCW 67.16.050.

     Statutory Authority for Adoption: RCW 67.16.040.

     Summary: To require Class A and B race tracks to pay a license fee equal to $200 times the optimum number of racing days sought in the license.

     Reasons Supporting Proposal: Compliance with RCW 67.16.050.

     Name of Agency Personnel Responsible for Drafting: Robert J. Lopez, Olympia, Washington, (360) 459-6462; Implementation and Enforcement: Robert M. Leichner, 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 current rule of $100 per race day for a Class A and B license fee conflicts with RCW 67.16.050 which mandates a $200 per race day fee.

     Proposal Changes the Following Existing Rules: It sets the license fees for a Class A and B track at $200 per race day.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. Fee is already established in RCW. Amended rule only brings rule into compliance with law.

     RCW 34.05.328 does not apply to this rule adoption.

     Hearing Location: Auburn City Council Chambers, 25 West Main, Auburn, WA 98001, (253) 931-3041, on May 8, 2003, at 10:30 a.m.

     Submit Written Comments to: Robert Leichner, Washington Horse Racing Commission, 6326 Martin Way, Suite 209, Olympia, 98516-5578, fax (360) 459-6461, by May 7, 2003.

     Date of Intended Adoption: May 8, 2003.

March 14, 2003

R. M. Leichner

Executive Secretary


AMENDATORY SECTION(Amending WSR 86-13-056, filed 6/16/86)

WAC 260-13-420   Payment of Class A and B license fees.   A Class A or B license does not become effective until the commission receives a certified check or bank draft to the order of the state of Washington equal to two hundred dollars times the optimum number of racing days sought in the license application ((in the amount of the license fee as follows)) and is void if the license fee is not received within ten days after issuance.

     (((1) Nonrefundable fee of ten thousand dollars for a Class A license;

     (2) A fee for a Class B license equal to ((one)) two hundred dollars times the optimum number of racing days sought in the license application.)) The commission must refund promptly to the licensee any amount by which the fee paid exceeds ((one)) two hundred dollars times the number of actual days of racing sponsored and managed by the licensee.

[Statutory Authority: RCW 67.16.020 and 67.16.040. 86-13-056 (Order 86-03), § 260-13-420, filed 6/16/86.]

     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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