WSR 09-17-068

PROPOSED RULES

HORSE RACING COMMISSION


[ Filed August 13, 2009, 4:49 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 09-09-084.

Title of Rule and Other Identifying Information: WAC 260-49-070 Distribution of source market fee.

Hearing Location(s): Auburn City Council Chambers, 25 West Main, Auburn, WA 98002, on October 8, 2009, at 9:30 a.m.

Date of Intended Adoption: October 8, 2009.

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 October 1, 2009.

Assistance for Persons with Disabilities: Contact Patty Sorby by October 1, 2009, TTY (360) 459-6462.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: In 2009 the Washington state legislature passed SB 5125 amending RCW 43.79A.040 to rename the Washington-bred owners' bonus fund account to the Washington-bred owners' bonus fund and breeder awards account (emphasis added). WAC 260-49-070 is being amended to reflect the change to the title of the account.

Reasons Supporting Proposal: Consistent with legislative action.

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, Implementation and Enforcement: Robert J. Lopez, 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.

August 13, 2009

R. J. Lopez

Executive Secretary

OTS-2565.1


AMENDATORY SECTION(Amending WSR 05-19-015, filed 9/9/05, effective 10/10/05)

WAC 260-49-070   Distribution of source market fee.   (1) A source market fee shall be paid monthly, unless otherwise directed by the commission, for the source market fee area on all accounts that have Washington as the principal residence address.

(2) The authorized advance deposit wagering service provider shall, at least monthly, unless otherwise directed by the commission, distribute the total source market fee as follows:

(a) Ninety percent of the total source market fee directly to the class 1 racing association and the remaining ten percent directly to the commission.

(b) The class 1 racing association shall distribute two and one-half percent of the total source market fee to the ((breeders' award fund)) Washington bred owners' bonus fund and breeder award account as provided in RCW 67.16.175.

(c) The class 1 racing association and the recognized horsemen's organization shall negotiate a separate agreement for contributions to the purse account from the source market fee and submit the agreement for review and approval by the commission. The class 1 racing association shall distribute the horsemen's share of the source market fee in accordance with the horseman's agreement.

(d) The commission shall distribute two and one-half percent of the total source market fee to the Washington bred owners' bonus fund and breeder award account and one-half of one percent of the total source market fee to the class C purse fund account and seven percent of the total source market fee to the commission's operating account.

(3) The commission shall annually review the distribution of the source market fee. Any changes to the distribution shall be adopted by rule.

[Statutory Authority: RCW 67.16.020 and 67.16.040. 05-19-015, 260-49-070, filed 9/9/05, effective 10/10/05. Statutory Authority: RCW 67.16.020. 04-21-053, 260-49-070, filed 10/18/04, effective 11/18/04.]

Washington State Code Reviser's Office