WSR 25-12-005
PROPOSED RULES
HORSE RACING COMMISSION
[Filed May 21, 2025, 1:52 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 25-06-047.
Title of Rule and Other Identifying Information: WAC 260-48-960 Handicapping contest.
Hearing Location(s): On July 8, 2025, at 9:30 a.m., via Zoom teleconference. Link will be available at www.whrc.wa.gov prior to the meeting.
Date of Intended Adoption: July 8, 2025.
Submit Written Comments to: Amanda Benton, 6326 Martin Way, Suite 209, email Amanda.benton@whrc.wa.gov, fax 360-459-6461, beginning May 9, 2025, at 8:00 a.m., by June 13, 2025, at 4:00 p.m.
Assistance for Persons with Disabilities: Contact Melanie Bowdish, phone 360-459-6462, fax 360-459-6461, email melanie.bowdish@whrc.wa.gov, by June 13, 2025.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The Washington horse racing commission needs to amend this rule to allow licensed advanced deposit wagering firms to conduct handicapping contests.
Reasons Supporting Proposal: RCW
67.16.251 Handicapping contests, has been changed effective July 27, 2025, allowing licensed advanced deposit wagering firms to conduct handicapping contests. This rule needs to be updated to reflect that change.
Statutory Authority for Adoption: RCW
67.16.020.
Rule is not necessitated by federal law, federal or state court decision.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Amanda Benton, 6326 Martin Way, Suite 209, Olympia, WA 98516, 360-459-6462.
A school district fiscal impact statement is not required under RCW
28A.305.135.
A cost-benefit analysis is not required under RCW
34.05.328.
The proposed rule does not impose more-than-minor costs on businesses. Following is a summary of the agency's analysis showing how costs were calculated. Not business related.
May 21, 2025
Amanda Benton
Executive Secretary
RDS-6381.1
AMENDATORY SECTION(Amending WSR 14-21-047, filed 10/7/14, effective 11/7/14)
WAC 260-48-960Handicapping contests.
A licensed class 1 racing association or a licensed advanced deposit wagering company may operate a handicapping contest at which the participants may be charged an entry fee. All paid-entry handicapping contests must be conducted in accordance with the provisions of this rule. The executive secretary may approve handicapping contests provided they meet the following criteria:
(1) A handicapping contest is defined as a competitive event, where participants, using individual skill to evaluate a variety of factors including the past performance of horses to determine the relative qualities and abilities of horses in a race, attempt to outperform other participants in selecting the finish of horses. Participants who are most successful in selecting horses become eligible to win prizes as prescribed in the official rules of the contest. Prizes and format are predefined and at the discretion of the class 1 racing association or licensed advanced deposit wagering company.
(2) A class 1 racing association or licensed advanced deposit wagering company desiring to offer a paid-entry handicapping contest must first apply for and receive approval from the commission to conduct ((a)) handicapping contests. The class 1 racing association or licensed advanced deposit wagering company must apply annually to the commission for approval ((of each and every contest))to conduct handicapping contests. The class 1 racing association or licensed advanced deposit wagering company must include with its application the proposed rules for conducting the handicapping contests and the determination of prizes. The class 1 racing association or licensed advanced deposit wagering company will obtain written approval to operate ((the)) handicapping contests prior to the acceptance of any entry fees ((regarding said contest)).
(3) The class 1 racing association or licensed advanced deposit wagering company approved to operate a handicapping contest will distribute at least ((ninety-five))80 percent of the entry fees as prizes to the winners. Nothing in this section will preclude an operator from providing additional prizes or promotions.
(4) The entry fee to enter a handicapping contest will be set by the class 1 racing association or licensed advanced deposit wagering company. The entry fee and a description of all goods and services to be awarded as part of the handicapping contest must be fully disclosed to each participant prior to paying the entry fee. In addition, all prizes, including amenities such as airfare, meals and lodging, will also be fully disclosed to each participant prior to paying the entry fee.
(5) Races that are the subject of a handicapping contest must be races on which the class 1 racing association is authorized to conduct parimutuel wagering.
(6) The officers and employees of the class 1 racing association operating a handicapping contest, and their immediate families are prohibited from participating in any handicapping contest unless approved under this subsection. Commissioners and employees of the commission are also prohibited from participating in any handicapping contest in Washington. Employees of the class 1 racing association may participate in a handicapping contest, provided it is for promotional purposes only and are not eligible for any prizes awarded. Participation must be approved by the executive secretary.
(7) The class 1 racing association or licensed advanced deposit wagering company will provide the commission a report annually on every handicapping contest including a record of all entry fees collected, the number of participants for each contest, the amount ((the class 1 racing association)) paid in prizes, and the name and address of each winning participant.
(8) Any violation of this section will be referred to the executive secretary. The executive secretary will have sole authority to ensure compliance with this rule, conduct hearings on violations, and determine penalties. Any decision of the executive secretary may be challenged as provided in WAC 260-08-675.