HORSE RACING COMMISSION

[Filed February 3, 2025, 5:12 p.m.]

Preproposal statement of inquiry was filed as WSR 25-01-068.

Title of Rule and Other Identifying Information: WAC 260-32-180 Fees.

Hearing Location(s): On March 14, 2025, at 9:30 a.m., at 2300 Ron Crocket Drive N.W., Auburn, WA 98001; and via Zoom teleconference or TVW. Link will be available at www.whrc.wa.gov prior to the meeting.

Date of Intended Adoption: March 14, 2025.

Submit Written Comments to: Amanda Benton, 6326 Martin Way, Suite 209, email amanda.benton@whrc.wa.gov, fax 360-459-6461, beginning February 4, 2025, at 8:00 a.m., by March 4, 2025, at 4:00 p.m.

Assistance for Persons with Disabilities: Contact Melanie Bowdish, phone 360-459-6462, fax 360-459-6461, email melanie.bowdish@whrc.wa.gov, by March 4, 2025.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The Washington horse racing commission is considering adopting the Association of Racing Commissioners International model rule regarding an agreement for jockey fees prior to the race meet.

Reasons Supporting Proposal: To ensure that there is an agreement in place between the organizations representing the majority of horse owners and jockeys for jockey fees prior to the meet starting.

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: Amanda Benton, 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 06-07-065, filed 3/10/06, effective 4/10/06)

(1) The organizations representing the majority of horse owners and jockeys shall reach and present an agreement to the commission prior to the start of a race meet. The commission must approve jockey riding fees prior to the beginning of a race meet.

(a) If any owner or trainer engages two or more jockeys for the same race, he/she shall pay the losing fee for each jockey not riding in the race, as well as the proper fee to the jockey who does ride. In the event an owner or trainer elects to remove a jockey from his/her mount after scratch time or such other time as designated by the stewards, the stewards may require a double jockey fee to be paid. The double jockey fee to be paid may be equal to that earned by the jockey who rode the race or a losing fee, as determined by the board of stewards.

(b) A jockey's fee shall be considered earned when the clerk of scales weighs out the jockey. The fee shall not be considered earned if the jockey, of his/her own free will, takes himself/herself off his/her mount, where injury to the horse or rider is not involved. Any conditions or considerations not covered by the above ruling shall be at the discretion of the stewards.

(2) In a dead heat the jockeys involved shall divide equally the sum total of the fees they would have received individually had one beaten the other or others. Likewise, the owners of the horses involved shall pay their equal share.