WSR 04-02-032

PROPOSED RULES

HORSE RACING COMMISSION


[ Filed December 31, 2003, 1:32 p.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 03-21-053.

     Title of Rule: WAC 260-14-101 Definitions.

     Purpose: Eliminates the reference to regulatory employees being compensated on a per-race day basis, and removes an incorrect RCW.

     Statutory Authority for Adoption: RCW 67.16.020.

     Summary: Eliminates the reference to regulatory employees being compensated on a per-race day basis, and removes an incorrect RCW.

     Reasons Supporting Proposal: In March of 2002 the Personnel Resources Board's decision placed regulator employees of the commission in general classified services. As such commission employees are not compensated in accordance with merit system rules.

     Name of Agency Personnel Responsible for Drafting: Robert Lopez, 6326 Martin Way, Suite 209, Olympia, WA 98516, (360) 459-6462; Implementation and Enforcement: Robert Leichner, 6326 Martin Way, Suite 209, Olympia, WA 98516, (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 amendment to WAC 260-14-010 eliminates the reference to compensating regulatory employees on a per-[race] day basis. The section is also amended to correct an improperly cited RCW.

     Proposal Changes the Following Existing Rules: Eliminates the language in the rule that requires regulatory employees to be compensated on a per-race day basis, and corrects an improperly cited RCW when defining a "thing of economic value."

     No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable.

     RCW 34.05.328 does not apply to this rule adoption.

     Hearing Location: Auburn City Council Chambers, 25 West Main, Auburn, WA 98001, on February 12, 2004, at 10:00 a.m.

     Assistance for Persons with Disabilities: Contact Patty Sorby at the Washington Horse Racing Commission, by February 6, 2004.

     Submit Written Comments to: Robert M. Leichner, Executive Secretary, Washington Horse Racing Commission, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, fax (360) 459-6461, by February 11, 2004.

     Date of Intended Adoption: February 12, 2004.

December 29, 2003

R. M. Leichner

Executive Secretary

OTS-6762.1


AMENDATORY SECTION(Amending Order 83-04, filed 9/19/83)

WAC 260-14-010   Definitions.   For the purposes of chapter 260-14 WAC, unless otherwise indicated by the context in which the term is used, the following terms shall have the meaning set forth herein:

     (1) "Commissioner," shall mean any member of the Washington state horse racing commission, and any member of the immediate family of such commissioner.

     (2) "Employee," shall mean any full or part time employee of the commission not normally engaged in direct regulatory functions. Included in such group are the executive secretary, Olympia office personnel, and registration clerks.

     (3) "Regulatory employee," shall include all of the officials named in WAC 260-24-010 and any other employee ((compensated on a per race day basis or)) engaged in direct regulatory functions.

     (4) "Thing of economic value," shall have the same meaning as that term has in chapter ((42.18)) 42.52 RCW.

[Statutory Authority: RCW 67.16.020 and 67.16.040. 83-19-054 (Order 83-04), § 260-14-010, filed 9/19/83; Order 73.3, § 260-14-010, filed 6/28/73.]

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