Administrative Rules of the State of Montana

BEFORE THE MONTANA BOARD OF HORSE RACING

DEPARTMENT OF COMMERCE

OF THE STATE OF MONTANA

In the matter of the amendment of ARM 8.22.2301, 8.22.2401, 8.22.2701, 8.22.2813, 8.22.3001, and 8.22.3901, pertaining to the Montana Board of Horse Racing

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NOTICE OF PROPOSED AMENDMENT

NO PUBLIC HEARING CONTEMPLATED

TO: All Concerned Persons

1. On March 17, 2020, the Board of Horse Racing proposes to amend the above-stated rules.

2. The Department of Commerce will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice. If you require an accommodation, contact the Department of Commerce no later than 5:00 p.m., March 11, 2020, to advise us of the nature of the accommodation that you need. Please contact Bonnie Martello, Department of Commerce, 301 South Park Avenue, P.O. Box 200501, Helena, Montana 59620-0501; telephone (406) 841-2596; TDD (406) 841-2731; facsimile (406) 841-2771; or e-mail to docadministrativerules@mt.gov.

3. The rules as proposed to be amended provide as follows, new matter underlined, deleted matter interlined:

8.22.2301 BOARD ORGANIZATION (1) The Board of Horse Racing ~~hereby~~ adopts and incorporates the organizational rules of the ~~Department of Livestock~~ Department of Commerce as listed in chapter 1 of this title.

AUTH: 2-4-201, MCA

IMP: 2-4-201, MCA

REASON: The Board of Horse Racing was transferred to the Department of Commerce during the 63rd Legislative session; therefore, the Board of Horse Racing is updating the rule to reflect the accurate agency referred to in the rule.

8.22.2401 PROCEDURAL RULES (1) The Board of Horse Racing ~~hereby~~ adopts and incorporates the procedural rules of the ~~Department of Livestock~~ Department of Commerce as listed in chapter 2 of this title.

AUTH: 2-4-201, MCA

IMP: 2-4-201, MCA

8.22.2701 LICENSES ISSUED FOR CONDUCTING PARIMUTUEL WAGERING ON HORSE RACING MEETINGS (1) through (34) remain the same.

(35) Each licensee conducting a race meeting shall furnish racing colors. A color must be assigned to each post position and shall be standard for the state. The standard colors for all racetracks shall be:

(a) red - post position #1

(b) white - post position #2

(d) yellow - post position #4

(e) ~~black~~ green - post position #5

(f) ~~orange~~ black - post position #6

(g) ~~purple~~ orange - post position #7

(h) ~~green~~ pink - post position #8

(i) ~~brown~~ turquoise - post position #9

(j) ~~pink~~ purple - post position #10

(36) through (47) remain the same.

AUTH: 23-4-104, 23-4-202, MCA

IMP: 23-4-101, 23-4-104, 23-4-202, MCA

REASON: The Board of Horse Racing is adhering to the national horse racing industry standardized racing colors.

8.22.2813 ASSISTANT STARTER (1) through (4) remain the same.

(5) All assistant starters must wear a properly secured safety helmet and safety vest while on the racing surface handling a horse. For the purpose of this regulation, an assistant starter is any person licensed as an assistant starter or any person who handles a horse at the starting gates.

(a) Safety helmets must comply with one of the following minimum safety standards or later revisions: (ASTM F1163), (EN 1384) and (PAS 015), (AS/NZ 3838).

(b) Safety vests must comply with the following minimum safety standard: (BETA 2000 level 1).

AUTH: 23-4-202, MCA

IMP: 23-4-201, MCA

REASON: The Montana Board of Horse Racing is updating the minimum safety equipment for any person who handles horses at or around the starting gate.

8.22.3001 GENERAL REQUIREMENTS (1) through (34) remain the same.

(35) No trainer may enter more than two horses in a purse race or overnight event. When making a double entry in the same ownership or trainership, the owner or trainer must express a preference, and in no case may two horses start in the same ownership or trainership to the exclusion of a single entry unless that single entry is an "in today" horse.

(a) through (65) remain the same.

AUTH: 23-4-104, 23-4-202, MCA

IMP: 23-4-104, 23-4-202, 23-4-301, MCA

REASON: The Montana Board of Horse Racing is clarifying an "in today" horse, which means a horse that is in the race for today or tomorrow. The rule for a trainer entering two horses cannot exclude a single entry horse but gives preference to multiple entries over the "in today" entries.

8.22.3901 DEFINITIONS (1) through (4) remain the same.

(5) "Fantasy sports coordinator" means an official hired by the ~~Department of Livestock~~ Department of Commerce (~~the~~ department) to regulate, audit, approve network operating plans, approve league rules, receive point totals from network, designate point totals as "official," annually approve the information service to be used by the network, and control and supervise overall conduct and operation of parimutuel fantasy sports wagering.

(6) through (22) remain the same.

AUTH: 23-4-104, 23-4-202, MCA

IMP, 23-4-101, 23-4-104, 23-4-201, 23-4-202, 23-4-301, 23-4-302, 23-4-304, 23‑5‑801, 23-5-802, 23-5-805, 23-5-806, MCA

4. Concerned persons may submit their data, views, or arguments in written form or a request for opportunity to submit data, views, or arguments in oral form to: Bonnie Martello, Department of Commerce, 301 South Park Avenue, P.O. Box 200501, Helena, Montana, 59620-0501; telephone (406) 841-2596; TDD (406) 841-2731; facsimile (406) 841-2771; or e-mail to docadministrativerules@mt.gov, and must be received no later than 5:00 p.m., March 13, 2020.

5. If persons who are directly affected by the proposed amendments wish to express their data, views, or arguments orally or in writing at a public hearing, they must make written request for a hearing and submit this request along with any written comments to Bonnie Martello at the above address no later than 5:00 p.m., March 13, 2020.

6. If the agency receives requests for a public hearing on the proposed action from either 10 percent or 25, whichever is less, of the persons directly affected by the proposed action; from the appropriate administrative rule review committee of the Legislature; from a governmental subdivision or agency; or from an association having not less than 25 members who will be directly affected, a hearing will be held at a later date. Notice of the hearing will be published in the Montana Administrative Register. Ten percent of those directly affected has been determined to be 150 persons based on 1,500 licensees.

7. The department maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency. Persons who wish to have their name added to the list may make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies for which program the person wishes to receive notices. Notices will be sent by e-mail unless a mailing preference is noted in the request. Such written request may be mailed or delivered to the Department of Commerce, 301 South Park Avenue, P.O. Box 200501, Helena, Montana 59620-0501, by fax to (406) 841-2701, by e-mail to docadministraiverules@mt.gov, or by completing a request form at any rules hearing held by the department.

8. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.

9. With regard to the requirements of 2-4-111, MCA, the department has determined that the amendment of the above-referenced rules will not significantly and directly impact small businesses.

MONTANA BOARD OF HORSE RACING

JOHN HAYES

CHAIRPERSON

/s/ Garrett Norcott /s/ Tara Rice

Garrett Norcott Tara Rice

Rule Reviewer Director

Department of Commerce

Certified to the Secretary of State February 4, 2020.