HORSE RACING COMMISSION

[Filed November 28, 2018, 11:03 a.m.]

Preproposal statement of inquiry was filed as WSR 18-11-083.

Title of Rule and Other Identifying Information: WAC 260-36-010 License required.

Hearing Location(s): On January 11, 2019, at 9:30 a.m., at the Auburn City Council Chambers, 25 West Main, Auburn, WA 98002.

Date of Intended Adoption: January 11, 2019.

Submit Written Comments to: Douglas L. Moore, 6326 Martin Way, Suite 209, Olympia, WA 98516, email doug.moore@whrc.state.wa.us, fax 360-549-6461, by January 3, 2019.

Assistance for Persons with Disabilities: Contact Patty Brown, phone 360-459-6462, fax 360-459-6461, email patty.brown@whrc.state.wa.us, by January 3, 2019.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To move policy statement 2007-006 in WAC.

Reasons Supporting Proposal: Moves long standing policy on who may not require a license for certain access to the grounds of a licensed race meet.

Statutory Authority for Adoption: RCW 67.16.020.

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

Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Douglas L. Moore, 6326 Martin Way, Suite 209, Olympia, WA 98516, 360-459-6462.

A school district fiscal impact statement is not required under RCW 28A.305.135.

A cost-benefit analysis is not required under RCW 34.05.328.

The proposed rule does not impose more-than-minor costs on businesses. Following is a summary of the agency's analysis showing how costs were calculated. Not business related.

AMENDATORY SECTION(Amending WSR 07-15-041, filed 7/13/07, effective 8/13/07)

WAC 260-36-010License required.

(1) Any person acting in an official capacity or any person participating directly in horse racing must have a valid license, except as provided in subsection (2) of this section.

(2) The following persons are not required to have a license:

(a) Commissioners and employees of the commission;

(b) Persons employed by a racing association who only perform duties of concessions, housekeeping, parking, food and beverage, landscaping or similar functions, and do not act in an official capacity or participate directly in horse racing; ((and))

(c) Persons employed by an out-of-state racing association and holding a valid license from a recognized racing jurisdiction, who work for a Class A or B racing association as parimutuel clerks for a period not to exceed eight days total in any calendar year;

(d) Federal, state, or local governmental agency employees, and public service employees with need to access the grounds in the performance of their duties. Nonuniformed employees will be required to provide proper identification; and

(e) Individuals participating in functions or events on the grounds of a nonprofit meet that is also a multi-use facility will have access to the grounds while the event is taking place.

(3) Decisions regarding who is required to be licensed, if not addressed in this chapter, will be made by the executive secretary. It is a violation of these rules for any person to act in an official capacity or participate directly in horse racing unless licensed by the commission.