WSR 98-01-147

PROPOSED RULES

HORSE RACING COMMISSION

[Filed December 19, 1997, 1:50 p.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 97-04-059.

Title of Rule: WAC 260-32-180 amended and WAC 260-32-360 repealed.

Purpose: WAC 260-32-180 dealing with fees associated with riders, payment thereof. Repealing WAC 260-32-360 regarding apprentice allowances and extensions.

Other Identifying Information: Specifically regarding payment of double jock mount fees.

Statutory Authority for Adoption: RCW 67.16.040.

Summary: To detail fees paid for riding of horses in a race, when a double jock fee may be owing a rider first selected to ride then replaced at the last moment by another rider.

Reasons Supporting Proposal: Request of the National Jockey Guild to clarify this rule.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Bruce Batson, Olympia, Washington, (360) 459-6462.

Name of Proponent: Washington Horse Racing Commission, governmental.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: None.

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

Explanation of Rule, its Purpose, and Anticipated Effects: To clarify and define the fees related to jockeys riding in race meets, when a double jock fee may be required to be paid in certain circumstances.

Proposal Changes the Following Existing Rules: Amending WAC 260-32-180 to reflect the possibility of payment of a double jockey fee in certain circumstances.

No small business economic impact statement has been prepared under chapter 19.85 RCW. These changes will not affect more than 20% or less than 10% of the population. A small business economic impact statement was not prepared.

RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: Washington Horse Racing Commission, 7912 Martin Way, Suite D, Olympia, WA 98506, on January 27, 1998, at 1:00 p.m.

Assistance for Persons with Disabilities: Contact Bruce Batson by January 26, 1998, (360) 459-6462.

Submit Written Comments to: Bruce Batson, FAX (360) 459-6462, by January 26, 1998.

Date of Intended Adoption: January 27, 1998.

December 18, 1997

Bruce Batson

Executive Secretary

REPEALER

The following sections of the Washington Administrative Code are repealed:

260-32-360 Apprentice allowances and extensions.

AMENDATORY SECTION (Amending Order 4, filed 12/24/69)

WAC 260-32-180 Fees. (1) Jockey's riding fees, for a meeting must be approved by the commission.

(a) If any owner or trainer engages two or more jockeys for the same race, he shall pay the losing fee for each engaged 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, the stewards may require a double jockey fee to be paid. The double jockey fee to be paid shall be equal to that earned by the jockey who rode the race.

(b) A jockey's fee shall be considered earned when the jockey is weighed out by the clerk of scales. The fee shall not be considered earned if the jockey, of his own free will, takes himself off his 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.