WSR 04-02-033

PROPOSED RULES

HORSE RACING COMMISSION


[ Filed December 31, 2003, 1:33 p.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 03-21-052.

     Title of Rule: Washington bred owners bonus distribution formula.

     Purpose: To establish a new section in chapter 260-16 WAC to comply with the requirement in RCW 67.16.102(1), which requires the commission to establish an equitable distribution formula to calculate owners bonus funds.

     Statutory Authority for Adoption: RCW 67.16.020.

     Statute Being Implemented: RCW 67.16.102.

     Summary: Establishing in rule a formula to calculate the distribution of Washington bred owners bonus awards.

     Reasons Supporting Proposal: The proposed new section complies with the requirements in RCW 67.16.102(1) where the commission is to promulgate an equitable distribution of the Washington bred owners bonus funds.

     Name of Agency Personnel Responsible for Drafting: Robert Lopez, 6326 Martin Way, Suite 209, Olympia, WA 98516, (360) 459-6462; Implementation and Enforcement: Robert Leichner, 6326 Martin Way, Suite 209, Olympia, WA 98516, (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: RCW 67.16.102(1) requires the Washington Horse Racing Commission to promulgate at rule prior to the commencement of each race meet that is an equitable distribution formula for Washington bred owners fund. This new section establishes that formula in rule.

     Proposal does not change existing rules.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable.

     RCW 34.05.328 does not apply to this rule adoption.

     Hearing Location: Auburn City Council Chambers, 25 West Main, Auburn, WA 98001, on February 12, 2004, at 10:00 a.m.

     Assistance for Persons with Disabilities: Contact Patty Sorby at the Washington Horse Racing Commission, by February 6, 2004.

     Submit Written Comments to: Robert M. Leichner, Executive Secretary, Washington Horse Racing Commission, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, fax (360) 459-6461, by February 11, 2004.

     Date of Intended Adoption: February 12, 2004.

December 29, 2003

R. M. Leichner

Executive Secretary


NEW SECTION
WAC 260-16-065   Washington bred owners bonus distribution formula.   The one percent Washington bred owners bonus funds shall be collected and distributed as required in RCW 67.16.102. The one percent owners bonus funds collected from each licensee shall be paid in accordance with RCW 67.16.102 at the end of the race meet to the licensed owners of Washington bred horses finishing first, second, third and fourth in the licensee's race meet. The formula for the equitable distribution of the one percent Washington bred owners bonus funds shall be as follows:

     (1) Calculate the payment factor by dividing the total one percent Washington bred owners bonus funds collected at the race meet by the total amount of winnings (earnings) of the Washington bred horses finishing first, second, third, and fourth in the race meet.

     (2) Multiply the winnings (earnings) of each Washington bred owner by the payment factor to determine the amount of the one percent Washington bred owner's bonus to be paid to the owner.

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