WSR 10-03-059

PROPOSED RULES

HORSE RACING COMMISSION


[ Filed January 15, 2010, 11:12 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 09-21-025.

Title of Rule and Other Identifying Information: WAC 260-28-235 Trainer -- Duty to provide employees financial relief from injury, describes the process for upgrading L&I coverage from a Class C track to a Class A or B track.

Hearing Location(s): Auburn City Council Chambers, 25 West Main, Auburn, WA 98002, on March 11, 2010, at 9:30 a.m.

Date of Intended Adoption: March 11, 2010.

Submit Written Comments to: Douglas L. Moore, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, e-mail dmoore@whrc.state.wa.us, fax (360) 459-6461, by March 8, 2010.

Assistance for Persons with Disabilities: Contact Patty Sorby by March 8, 2010, TTY (360) 459-6462.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This explains the process and address[es] how to upgrade L&I coverage when transferring from a Class C track to a Class A or B track including coverage for both exercise riders and grooms.

Reasons Supporting Proposal: This complies with the recommended model rule for public records.

Statutory Authority for Adoption: RCW 67.16.020.

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

Name of Proponent: [Horse racing commission], governmental.

Name of Agency Personnel Responsible for Drafting: Douglas L. Moore, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, (360) 459-6462; 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.

January 15, 2010

Douglas L. Moore

Deputy Secretary

OTS-2924.1


AMENDATORY SECTION(Amending WSR 07-07-007, filed 3/8/07, effective 4/8/07)

WAC 260-28-235   Trainer -- Duty to provide employees financial relief from injury.   At the time of submitting a license application, or when required by other rule, all trainers must pay the industrial insurance premium assessment required by RCW 67.16.300 and 51.16.210 for each person in their employment. The industrial insurance premiums will be based on the type of race meet the trainer is licensed to participate at and the applicable sections in chapter 260-36 WAC.

(1) Trainers who are licensed at a Class A or B race meet must pay the industrial insurance premiums established by the department of labor and industries for parimutuel horse racing at major tracks.

(2) Trainers who are licensed at a Class C race meet will pay the industrial insurance premiums established by the department of labor and industries for parimutuel horse racing for nonprofit tracks.

(3)(a) If a trainer who is licensed at a Class A or B race meet wishes to run a horse(s) at a Class C race meet during the same calendar year, the trainer from the Class A or B race meet is not required to pay any additional industrial insurance premiums to participate at a Class C race meet unless the trainer adds a groom slot or an assistant trainer, or starts different horses or adds more horses in training than they had at the Class A or B race meet. Should a trainer increase the number of employees or different horses started or in training, the trainer must pay the additional industrial insurance premiums for the Class C race meet.

(b) If a trainer who is licensed at a Class C race meet wishes to run a horse(s) at a Class A or B race meet during the same calendar year, the trainer from the Class C race meet must first pay the difference in industrial insurance premiums between what he/she has paid at the Class C race meet and the industrial insurance premiums due at the Class A or B race meet.

[Statutory Authority: RCW 67.16.020 and 67.16.040. 07-07-007, 260-28-235, filed 3/8/07, effective 4/8/07; Rules of racing, 425, filed 5/4/66.]

Washington State Code Reviser's Office