Original Notice.

     Preproposal statement of inquiry was filed as WSR 06-15-112.

     Title of Rule and Other Identifying Information: Chapter 296-17 WAC, General reporting rules, classifications, audit and recordkeeping, rates and rating system for workers' compensation insurance.

     The department has been requested by the Washington horse racing commission to establish two new classifications for exercise riders at major tracks and exercise riders at minor tracks.

     Hearing Location(s): Department of Labor and Industries Building, Room S119, Tumwater, WA 98501, on October 18, 2006, at 9 a.m.

     Date of Intended Adoption: November 7, 2006.

     Submit Written Comments to: Bill Moomau, Classifications Services, P.O. Box 44148, Olympia, WA 98504-4148, e-mail moom235@lni.wa.gov, fax (360) 902-4729, by 5 p.m., October 18, 2006.

     Assistance for Persons with Disabilities: Contact Office of Information and Assistance by October 13, 2006, TTY (360) 602-5797.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Presently the department administers two classifications for the horse racing industry that include on and off track employees such as assistant trainers, pony riders and exercise riders. One classification applies to major tracks such as Emerald Downs and the other classification applies to minor tracks such as fair meets and bush tracks.

     The Washington horse racing commission, which collects premiums on a per license basis, has requested the department create two additional classifications for exercise riders only and remove them from the existing classifications. Preliminary review would indicate that exercise riders have greater claim exposure than the other employees in the existing classifications.

     This proposal creates a new classification for exercise riders at major tracks and another one for exercise riders at minor tracks.

     No other rules are affected by this proposal.

     Statutory Authority for Adoption: RCW 51.16.035 and 51.16.100.

     Statute Being Implemented: RCW 51.16.035 and 51.16.100.

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

     Name of Proponent: Department of labor and industries, governmental.

     Name of Agency Personnel Responsible for Drafting: Bill Moomau, Tumwater, Washington, (360) 902-4774; Implementation: Ronald Moore, Tumwater, Washington, (360) 902-4748; and Enforcement: Robert Malooly, Tumwater, Washington, (360) 902-4209.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. In this case the agency is exempt from conducting a small business economic impact statement since the proposed rules set or adjust fees or rates pursuant to legislative standards described in RCW 34.05.310 (4)(f).

     A cost-benefit analysis is not required under RCW 34.05.328. In this case, the agency is exempt from conducting a cost-benefit analysis since the proposed rules set or adjust fees or rates pursuant to legislative standards described in RCW 34.05.328 (5)(b)(vi).

September 5, 2006

Gary Weeks

Director

OTS-9105.2

AMENDATORY SECTION(Amending WSR 98-18-042, filed 8/28/98, effective 10/1/98)

WAC 296-17-73105   Classification 6614.  

6614-00 Parimutuel horse racing: All other employees, N.O.C. - major tracks

     (to be assigned only by the horse racing underwriter)

     Applies to licensed employees of licensed horse trainers and/or horse owners who conduct business at a major parimutuel horse racing track((. These tracks are currently Yakima Meadows in Yakima, Playfair in Spokane and)) such as Emerald Downs in Auburn. This classification applies to on and off track employees such as assistant trainers((,)) and pony riders ((and exercise riders. Jockeys are considered exercise riders when employed by a trainer and/or owner at a time other than during a scheduled race meet)). The dates of a race meet are set for each track by the Washington horse racing commission. Coverage provided in this classification is funded by premiums collected at the time of licensing. Trainers premiums are collected on a per license basis.

     This classification excludes licensed grooms working at major tracks who are to be reported separately in classification 6615; unlicensed employees who work only on a farm or ranch who are to be reported separately in classification 7302; ((and)) assistant trainers((,)) and pony riders ((and exercise riders)) working at a fair or bush track who are to be reported separately in classification 6616; exercise riders working at a major track who are to be reported in classification 6622 and exercise riders at a fair or bush track who are to be reported in classification 6623.

     Special note: All employees working at a major track must be licensed by the Washington state horse racing commission.

[Statutory Authority: RCW 51.16.035. 98-18-042, § 296-17-73105, filed 8/28/98, effective 10/1/98. Statutory Authority: RCW 51.04.020(1). 89-16-001 (Order 89-07), § 296-17-73105, filed 7/20/89, effective 8/20/89.]

6616-00 Parimutuel horse racing: All other employees, N.O.C. - fair meets or bush tracks

     (to be assigned only by the horse racing underwriter)

     Applies to licensed employees of licensed horse trainers and/or horse owners who conduct business at a fair meet or bush track. This classification applies to on or off track employees such as assistant trainers((,)) and pony riders((, and exercise riders. Jockeys will be considered exercise riders when employed by a trainer and/or owner at a time other than during a scheduled race meet)). The dates of a race meet are set for each track by the Washington state horse racing commission. Coverage provided in this classification is funded by premiums collected at the time of licensing. Trainer premiums are collected on a per license basis.

     This classification excludes assistant trainers((,)) and pony riders ((and exercise riders)) working at a major track who are to be reported separately in classification 6614; grooms working at a major track who are to be reported separately in classification 6615 ((and)), grooms working at a fair or bush track who are to be reported separately in classification 6617; exercise riders working at a major track who are to be reported in classification 6622 and exercise riders at a fair or bush track who are to be reported in classification 6623.

     Special note: All employees working at a fair or bush track must be licensed by the Washington state horse racing commission.

[Statutory Authority: RCW 51.16.035. 98-18-042, § 296-17-73107, filed 8/28/98, effective 10/1/98. Statutory Authority: RCW 51.04.020(1). 89-16-001 (Order 89-07), § 296-17-73107, filed 7/20/89, effective 8/20/89.]

OTS-9106.1

NEW SECTION
WAC 296-17-73201   Classification 6622.  

6622-00 Parimutuel horse racing: Exercise riders - major tracks

     (to be assigned only by the horse racing underwriter)

     Applies to licensed employees of licensed horse trainers and/or horse owners who conduct business at a major parimutuel horse racing track such as Emerald Downs. This classification applies to on and off track employment of exercise riders. Jockeys are considered exercise riders when employed by a trainer and/or owner at a time other than during a scheduled race meet. The dates of a race meet are set for each track by the Washington state horse racing commission. Coverage provided in this classification is funded by premiums collected at the time of licensing. Trainers' premiums are collected on a per license basis.

     This classification excludes licensed grooms working at major tracks who are to be reported separately in classification 6615; licensed grooms working at fair or bush tracks who are to be reported in 6617; unlicensed employees who work only on a farm or ranch who are to be reported separately in classification 7302; assistant trainers and pony riders working at a major track who are to be reported separately in classification 6614; assistant trainers and pony riders working at a fair or bush track who are to be reported in 6616; and exercise riders at a fair or bush track who are to be reported in 6623.

     Special note: All employees working at a major track must be licensed by the Washington state horse racing commission.

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6623-00 Parimutuel horse racing: Exercise riders - fair meets or bush tracks

     (to be assigned only by the horse racing underwriter)

     Applies to licensed employees of licensed horse trainers and/or horse owners who conduct business at a fair meet or bush track. This classification applies to on or off track employment of exercise riders. Jockeys will be considered exercise riders when employed by a trainer and/or owner at a time other than during a scheduled race meet. The dates of a race meet are set for each track by the Washington state horse racing commission. Coverage provided in this classification is funded by premiums collected at the time of licensing. Trainer premiums are collected on a per license basis.

     This classification excludes assistant trainers and pony riders working at a major track who are to be reported separately in classification 6614; assistant trainers and pony riders working at a fair or bush track who are to be reported in 6616; grooms working at a major track who are to be reported separately in classification 6615; grooms working at a fair or bush track who are to be reported separately in classification 6617; and exercise riders working at a major track who are to be reported in 6622.

     Special note: All employees working at a fair or bush track must be licensed by the Washington state horse racing commission.

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