Montana Administrative Register Notice 32-9-197 No. 13   07/16/2009    
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In the matter of the amendment of ARM 32.28.202 and 32.28.801 pertaining to uncoupling horses for wagering purposes










TO:  All Concerned Persons


1.  On August 27, 2009, the Board of Horse Racing proposes to amend the above-stated rules.


            2.  The Board of Horse Racing will make reasonable accommodations for persons with disabilities who wish to participate in the rulemaking process and need an alternative accessible format of this notice.  If you require an accommodation, contact the Board of Horse Racing no later than 5:00 p.m. on July 30, 2009 to advise us of the nature of the accommodation that you need.  Please contact Sherry Rust, P.O. Box 200512, Helena, MT 59620-0512; telephone (406) 444-9321; TTD number 1-800-253-4091; fax (406) 444-4305; e-mail srust@mt.gov.


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


32.28.202  DEFINITIONS  (1) through (14)(a) remain the same.

(b)  for purposes of simulcast only, two or more horses which are entered in a race by the same owner or trained by the same trainer.

(15)  through (52) remain the same.


AUTH:  23-4-104, 23-4-202, MCA

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


REASON:  The rule is amended to state that horses will not be coupled for live races.


            32.28.801  GENERAL REQUIREMENTS  (1)  through (9) remain the same.

(10)  When six horses are entered in a Montana bred race under six separate interests entries, such race shall be considered filled and shall be run.  If a race is cancelled through a lack of that number of entries, the names of all horses entered in such cancelled race shall be immediately posted by the racing secretary.  No race shall be cancelled without the approval of the stewards.

(11)  through (35)(a) remain the same.

(b)  The stewards shall have the discretion to split trainer entries, if the entries have different owners, for the purpose of wagering.  Multiple horses owned by the same racing interests shall be uncoupled in overnight races and stakes races for wagering purposes.

(c)  Lease arrangements shall reflect both lessor's (owner) and lessee's name in the racing program, and horses or mules showing the same or partially the same ownership (whether individually or through a partnership or corporation) shall be deemed a hard entry.  An owner may enter multiple horses in stakes races.  Stakes preferences and conditions will be used to determine eligibility in stakes races.

(36)  through (65) remain the same.


AUTH:  23-4-104, 23-4-202, MCA

IMP:  23-4-104, 23-4-202, MCA


REASON:  The rule amendment corrects an outdated rule that addressed a perceived conflict.  The rule has been changed in most other racing states to increase betting opportunities and to preserve racing fields.  The racing stewards will address any actual conflicts resulting from multiple horses under one owner or trainer.  


            4.  Concerned persons may submit their data, views, or arguments concerning the proposed action in writing to Board of Horse Racing, Attn. Ryan Sherman, P.O. Box 200512, Helena, MT 59620-0512, by faxing to (406) 444-4305, or by e-mailing to RSherman@mt.gov to be received no later than 5:00 p.m., August 13, 2009.


5.  If persons who are directly affected by the proposed action 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 Ryan Sherman at the above address no later than 5:00 p.m., August 13, 2009.


6.  If the agency receives requests for a public hearing on the proposed action from either 10% 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 100 persons based on 1000 licensees in Montana.


            7.  An electronic copy of this proposal notice is available through the department's web site at www.liv.mt.gov.


8.  The Board of Horse Racing 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 shall 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 Ryan Sherman at Montana Board of Horse Racing, P.O. Box 200512, Helena, MT 59620-0512, by faxing to (406) 444-4305, or by e-mailing to RSherman@mt.gov, or may be made by completing a request form at any rules hearing held by the department.


9.  An electronic copy of this Proposal Notice is available through the Secretary of State's web site at http://sos.mt.gov/ARM/Register. The Secretary of State strives to make the electronic copy of this Notice conform to the official version of the Notice, as printed in the Montana Administrative Register, but advises all concerned persons that in the event of a discrepancy between the official printed text of the Notice and the electronic version of the Notice, only the official printed text will be considered. In addition, although the Secretary of State works to keep its web site accessible at all times, concerned persons should be aware that the web site may be unavailable during some periods, due to system maintenance or technical problems.


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



/s/  Sherry K Meador                         /s/  Christian Mackay           

Sherry K Meador                               Christian Mackay

Rule Reviewer                                    Executive Officer

                                                             Department of Livestock


Certified to the Secretary of State July 6, 2009.



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