Original Notice.

     Preproposal statement of inquiry was filed as WSR 04-10-049.

     Title of Rule and Other Identifying Information: Chapter 260-75 WAC, Satellite locations.

     Hearing Location(s): Auburn City Council Chambers, 25 West Main, Auburn, WA 98[98001], on September 9, 2004, at 10:00 a.m.

     Date of Intended Adoption: September 9, 2004.

     Submit Written Comments to: Robert J. Lopez, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, e-mail rlopez@whrc.state.wa.us, fax (360) 459-6461, by September 8, 2004.

     Assistance for Persons with Disabilities: Contact Patty Sorby by September 8, 2004, TTY (360) 459-6462.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Amends WAC 260-75-020, to better define the type of racing association that may submit an application for satellite location. Amends WAC 260-75-030, by (1) better defining the type of racing association required to develop internal control policies and procedures for its satellite locations; (2) clarifies that commission employees shall periodically inspect satellite locations; and (3) eliminates the language that includes commission officials conducting a review of the cash logs including conducting a physical count of the cash balance.

     Reasons Supporting Proposal: The amendments to this chapter clarify that only a class 1 racing association may submit applications for satellite locations and eliminates the commission's authority to conduct physical counts of cash balances on hand at a satellite location.

     Statutory Authority for Adoption: RCW 67.16.020.

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

     Name of Proponent: Washington Horse Racing Commission, governmental.

     Name of Agency Personnel Responsible for Drafting: Robert J. Lopez, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, (360) 459-6462; Implementation and Enforcement: Robert M. Leichner, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, (360) 459-6462.

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

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

July 27, 2004

R. M. Leichner

Executive Secretary

OTS-7411.1

AMENDATORY SECTION(Amending WSR 00-07-040, filed 3/6/00, effective 4/6/00)

WAC 260-75-020   Satellite locations applications.   Each application for a satellite location from a class 1 racing association shall be submitted on the satellite application form provided by the commission. The application form must be completed in every respect, containing all the information and attachments requested. The application includes an association satellite application, satellite location application and a satellite location application—personal history statement.

     (1) The association satellite application is to be completed by the sponsoring association.

     (2) The satellite location application is to be completed by the proposed satellite location. The application shall be signed under oath by an individual attesting that the information set forth in the application and any accompanying materials is true, accurate and complete. The following person(s) shall sign the application:

     (a) The highest ranking officer/official of a charitable, nonprofit or profit seeking corporation;

     (b) The principal owner of a sole proprietorship;

     (c) All partners of a partnership or general partner of a limited partnership; and

     (d) The executive secretary may also require the following persons to sign the application:

     (i) The chairman of the board of directors or trustees;

     (ii) The person in charge of financial records; and/or

     (iii) Persons with a substantial interest in the applicant business or charitable/nonprofit organization.

     (3) The satellite location application—personal history statement is to be completed by each individual owner and spouse or each officer of a charitable, nonprofit or profit seeking corporation and any stockholder having ((10%)) ten percent or more corporate stock.

     (4) The commission will consider only those applications that have been fully completed. The following reasons will cause an application to be incomplete:

     (a) Failure to provide all information requested on the application form and/or attachments;

     (b) Failure to provide supplemental information requested during the application investigation.

     (5) The commission may disclose to the public or discuss at a public meeting all information set forth in the application and all supplemental information submitted subject to the exemptions in chapter 42.17 RCW and other applicable laws including, but not limited to, chapter 10.97 RCW: Provided, That consistent with chapter 10.97 RCW, the commission may disclose conviction data of an applicant or licensee.

     (6) In addition to other information required by the commission, each applicant shall provide the following information on or attached to the application:

     (a) Copy of corporate applicants' articles of incorporation and bylaws; or, if not a corporation, a copy of any bylaws and other documents which set out the organizational structure and purposes of the organization;

     (b) A copy of a nonprofit or charitable applicant's Internal Revenue Service tax exemption letter if one has been obtained;

     (c) Details and copies of all lease or rental arrangements, whether oral or written, between the applicant and the owner of premises upon which the satellite activity will be conducted, if such premises are leased or rented.

     (7) Before each race meet, on a form approved by the commission, the association shall submit a renewal application for each satellite location.

     (8) An association shall inform the commission immediately if any changes are made to the original application.

[Statutory Authority: RCW 67.16.040. 00-07-040, § 260-75-020, filed 3/6/00, effective 4/6/00.]

     (2) Each satellite location shall have a location manager designated by the host racing association. All location managers and mutuel clerks shall be licensed by the commission. The host association shall not activate any terminal for any person that is not currently licensed or approved by the commission.

     (3) All satellite locations shall be periodically ((reviewed)) inspected by the commission to ensure that the internal control policies and procedures are followed. ((This may include a review of the log of cash balances, including conducting a physical count of the cash balance by a commission official.))

[Statutory Authority: RCW 67.16.040. 00-07-040, § 260-75-030, filed 3/6/00, effective 4/6/00.]

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