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 8.22.2705 and 8.22.3001 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 April 21, 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., April 8, 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 [email protected].

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

8.22.2705 PURSE DISBURSEMENT FORMULA (1) Prior to the beginning of the live racing season, all funds collected under 23-4-202 , MCA, to the board's state special revenue account, including percentages collected on live handle, winter simulcast handle, and summer simulcast handle, shall be distributed by the board to each live race meet licensed by the board. All live handle percentages and on-site simulcast funds shall be held separate for the benefit of each live track licensee until distribution. Nonsite simulcast funds shall be distributed by percentages based on amount of handle by the individual track licensee during the prior live race season. The licensees must use all funds distributed by the board for track purses except for the percentage amount set by the board for track operations or other purposes approved by the board.

(2) through (6) remain the same.

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

IMP: 23-4-302, 23-4-304, MCA

REASON: The Board of Horse Racing currently has limited simulcast sites at this time. The proposed language change of this rule gives the board flexibility in deciding where the funds need to be disbursed.

8.22.3001 GENERAL REQUIREMENTS (1) through (16) remain the same.

(17) No horse shall be allowed to ~~enter~~ start in any race unless it has been tattooed or microchipped and fully identified; however, Arabians may be identified by either tattoo or freeze brand.

(18) 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 Association of Racing Commissioners International (ARCI) passed a model rule regarding digital tattoos. The model rule states, effective January 1, 2020, the racing secretary shall ensure that the registration certificates for all thoroughbred horses that were foaled in 2017 or thereafter have a digital tattoo prior to entry in a race.

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 [email protected], and must be received no later than 5:00 p.m., April 10, 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., April 10, 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 [email protected], 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 March 3, 2020.