Administrative Rule Review Report  #AR11-010

Legislative Service Office

08-Mar-11

 

AGENCY:                                 Pari-Mutuel Commission.

 

DATE SUBMITTED:                   March 2, 2011.

 

SUBJECT:                                 Chapter 10, Simulcasting.

 

NATURE OF RULES:                     Legislative and procedural

 

STATUTORY AUTHORITY:         W.S. 11-25-104(m)

 

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION SUBMITTED BY THE AGENCY TO LSO: Apparently complete to date.  Notice of the proposed adoption of new rules was provided by the LSO as required by W.S. 28-9-103(d).  No comments have been received to date.

 

SUMMARY OF RULES:        In 2010, new legislation was passed requiring the pari-mutuel commission to establish the number of actual live horse racing or pari-mutuel event days required to qualify for a simulcasting permit.  The legislation required the days be set in a manner that ensures fair and equitable involvement of all affected parties, including consideration of the economic viability of those days to permit applicants. 

 

These rules require an applicant for a simulcast permit to hold a minimum of sixteen live flat track or pari-mutuel event days in a calendar year in order to qualify for a permit.  The rules allow for fewer days on a showing of good cause.  The rules also provide for suspension of a permit if the permittee fails to meet the required live event days.

 

FINDINGS:  The rules appear to be within the scope of statutory authority and legislative intent.

 

STAFF RECOMMENDATION:  That the rules be placed on the Consent List and be approved by the Council as submitted by the Agency.

 

 

 

                                                            _______________________

                                                            Lynda Cook

                                                            Staff Attorney

 

                                                            _______________________

                                                            Dan J. Pauli

                                                            Director

LGC/