WSR 02-05-029

PROPOSED RULES

HORSE RACING COMMISSION


[ Filed February 12, 2002, 8:11 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 02-01-090.

Title of Rule: WAC 260-36-040 Registration of personnel other than owners, trainers and jockeys -- Fee.

Purpose: Amend rule to allow for temporary licensing of temporary employees at the race track.

Statutory Authority for Adoption: RCW 67.16.040.

Summary: Enable associations to offer employment on a temporary basis on large crowd capacity days.

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

Name of Proponent: Washington Horse Racing Commission, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: Adding language to WAC 260-36-040 to allow associations to employ temporary employees on a temporary basis on large capacity crowd days.

Proposal Changes the Following Existing Rules: Amending WAC 260-36-040.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The 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: Auburn City Hall, Council Chambers, 25 West Main, Auburn, WA 98001, on April 24, 2002, at 1:00 p.m.

Submit Written Comments to: Bruce Batson, Executive Secretary, Washington Horse Racing Commission, 6326 Martin Way, Suite 209, Olympia, 98516, fax (360) 459-6461, by April 23, 2002.

Date of Intended Adoption: April 24, 2002.

February 11, 2002

Bruce Batson

Executive Secretary


AMENDATORY SECTION(Amending Rules of racing [Order 89-03], filed 6/9/89)

WAC 260-36-040   Registration of personnel other than owners, trainers and jockeys -- Fee.   (1) Any person acting in an official capacity or any person employed on a race track shall be licensed or issued a temporary permit by the Washington horse racing commission for one year and the fee shall be $5.00.

(2) Upon application by an association the Washington horse racing commission may issue a temporary permit for employment on the race track of a temporary employee. Such temporary permit shall be valid for employment in a non-restricted area of the race track for a period not to exceed three days during a licensed live race meet or simulcast period in any calendar year. No temporary employee may work without a temporary work permit.

(a) A racing association shall provide to the Washington horse racing commission licensing department the name, date of birth and social security number of the temporary employee. The particular job or area where the temporary employee is to be assigned shall also be provided.

(b) Should an association desire to employ a temporary employee after the maximum three days allowed by the temporary permit such employee shall be required to obtain a regular occupational license issued by the Washington horse racing commission.

(((2))) (3) ((All employees of the Washing horse racing commission shall be exempt from any license fees but shall be issued a photo identification badge which shall be displayed in the same manner as all other licensees while in the performance of their duties at the track.)) Members and employees of the Washington horse racing commission shall be exempt from any license. Employees of the Washington horse racing commission shall be issued official and distinctive credentials, which shall include name, photograph and job identification or position. The identification or credentials issued to members or employees of the Washington horse racing commission shall bear the signature of the chairperson of the Commission or such other person as may be designated by said chairperson. Identification credentials of members or employees of the Washington horse racing commission shall be displayed when required for entry to secured areas of the race track and at any other time official recognition is necessary or required.

[Statutory Authority: RCW 67.16.020 and 67.16.040. 89-13-007 (Order 89-03), 260-36-040, filed 6/9/89; 87-15-019 (Resolution No. 87-02), 260-36-040, filed 7/8/87; 86-09-072 (Order 86-02), 260-36-040, filed 4/21/86; 82-14-012 (Order 82-05), 260-36-040, filed 6/25/82; Rules of racing, 343, filed 4/21/61.]

Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

Washington State Code Reviser's Office