WSR 09-21-015

PERMANENT RULES

HORSE RACING COMMISSION


[ Filed October 9, 2009, 10:40 a.m. , effective November 9, 2009 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: To amend WAC 260-49-070 Distribution of source market fee, to comply with SB 5125, which renamed the "Washington-bred owners' bonus fund" to the "Washington-bred owners' bonus fund and award account."

Citation of Existing Rules Affected by this Order: Amending WAC 260-49-070.

Statutory Authority for Adoption: RCW 67.16.020 and 67.16.040.

Adopted under notice filed as WSR 09-17-068 on August 13, 2009.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 1, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: October 8, 2009.

R. J. Lopez

Executive Secretary

OTS-2565.1


AMENDATORY SECTION(Amending WSR 05-19-015, filed 9/9/05, effective 10/10/05)

WAC 260-49-070   Distribution of source market fee.   (1) A source market fee shall be paid monthly, unless otherwise directed by the commission, for the source market fee area on all accounts that have Washington as the principal residence address.

(2) The authorized advance deposit wagering service provider shall, at least monthly, unless otherwise directed by the commission, distribute the total source market fee as follows:

(a) Ninety percent of the total source market fee directly to the class 1 racing association and the remaining ten percent directly to the commission.

(b) The class 1 racing association shall distribute two and one-half percent of the total source market fee to the ((breeders' award fund)) Washington bred owners' bonus fund and breeder award account as provided in RCW 67.16.175.

(c) The class 1 racing association and the recognized horsemen's organization shall negotiate a separate agreement for contributions to the purse account from the source market fee and submit the agreement for review and approval by the commission. The class 1 racing association shall distribute the horsemen's share of the source market fee in accordance with the horseman's agreement.

(d) The commission shall distribute two and one-half percent of the total source market fee to the Washington bred owners' bonus fund and breeder award account and one-half of one percent of the total source market fee to the class C purse fund account and seven percent of the total source market fee to the commission's operating account.

(3) The commission shall annually review the distribution of the source market fee. Any changes to the distribution shall be adopted by rule.

[Statutory Authority: RCW 67.16.020 and 67.16.040. 05-19-015, 260-49-070, filed 9/9/05, effective 10/10/05. Statutory Authority: RCW 67.16.020. 04-21-053, 260-49-070, filed 10/18/04, effective 11/18/04.]

Washington State Code Reviser's Office