Montana Administrative Register Notice 8-22-161 No. 18   09/21/2018    
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In the matter of the amendment of ARM 8.22.2702, 8.22.3201, 8.22.3421, and 8.22.3706 pertaining to the Montana Board of Horse Racing











TO: All Concerned Persons


1.  The Department of Commerce 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., October 15, 2018, 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 bmartello@mt.gov.


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


  8.22.2702 ANNUAL LICENSE FEES  (1) through (12)(v) remain the same.

            (w)  Simulcast site or network license                                               40 140

            (x) through (15) remain the same.

            (16) Former MBOHR board members                                                      0

            (17) Pioneer license                                                                                  0

                        (30+ years in the industry, not currently licensed, and must

                        be approved by the State Steward.)


AUTH: 23-4-104, 23-4-201, 37-1-134, MCA

IMP: 23-4-104, 23-4-201, 37-1-134, MCA


  8.22.3201 GENERAL RULES  (1) remains the same.

            (2)  All horses entered in races held under these rules may be subject to inspection by the track veterinarian at any time before or after a race.  After each race whenever possible a urine and/or hair and/or post-race serum or plasma sample shall be collected from each winning horse and such other horses as may be designated by the stewards.  Such samples shall be designated as official samples and they shall be sealed in the presence of the trainer or his or her authorized representative and an official receipt signed by such person to indicate that the sample is a true and prompt sample from the horse in question shall be given.

            (3)  The stewards of the meeting may require at any time that any horse be sent to the testing enclosure for the taking of such specimens of saliva, urine, hair and/or blood as shall be directed, as well as for an examination for "sponging" and other examinations as may be directed.

            (4) through (19) remain the same.

            (20) In regard to hair sampling, the presence of any prohibited substances that appear in a pre-race or post-race sample including, but not limited to, clenbuterol, zilpaterol, and ractopamine will constitute a violation.

            (21) If a horse is selected for hair testing and the mane is less than three inches in length, a hair sample may be collected from the tail.


AUTH: 23-4-104, 23-4-202, 37-1-131, MCA

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


            8.22.3421 WITHHOLDING TAX  (1)  The payor of a parimutuel payoff that is over $5,000 and 300 to one odds must withhold federal income tax on the total winnings payment at a 28% rate defined by the Internal Revenue Service.

            (2) remains the same.


AUTH: 23-4-202, MCA

IMP: 23-4-301, 23-4-302, 23-4-303, MCA


            8.22.3706 CONDUCT OF MATCH BRONC RIDES  (1) through (10) remain the same.

            (11)  After the completion of both sections of the long-go, the rodeo secretary, in consultation with the stewards, shall without delay compile a list of the top ten scores up to ten of the top scores.  These ten individuals shall be deemed qualified to enter the championship round or short-go.  If one of the ten qualifiers is unable to compete due to injury or withdrawal, the next highest scoring qualifier shall advance to the championship round.  Should fewer than ten riders qualify for the short-go championship, the number of betting entries for the short-go round shall be adjusted accordingly.

            (12) through (14) remain the same.


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

IMP: 23-4-101, 23-4-105, 23-4-202, MCA


            REASON: The Montana Board of Horse Racing is cleaning up language along with clarifying and real lining fees and testing.


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 bmartello@mt.gov, and must be received no later than 5:00 p.m., October 19, 2018.


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., October 19, 2018.


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 bmartello@mt.gov, or by completing a request form at any rules hearing held by the department.


8. Pursuant to 2-4-302(1)(c)(i) and (ii), MCA, the department is required to estimate the cumulative amount for all persons of the proposed increase, decrease, or new amount and the number of persons affected. The department is proposing to increase the license fee for a simulcast site or network from $40 to $140. This proposed increase is estimated to have a cumulative impact of $600 and to affect six persons.


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


10. 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.



/s/ G. MARTIN TUTTLE                               /S/ PAM HAXBY-COTE                 

G. MARTIN TUTTLE                                    PAM HAXBY-COTE

Rule Reviewer                                              Director    Department of Commerce


Certified to the Secretary of State September 11, 2018.

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