WSR 06-03-091

PROPOSED RULES

HORSE RACING COMMISSION


[ Filed January 13, 2006, 2:49 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 05-23-173.

Title of Rule and Other Identifying Information: Chapter 260-80 WAC, Corrupt and prohibited practices.

Hearing Location(s): Auburn City Council Chambers, 25 West Main, Auburn, WA 98001, on March 9, 2006, at 9:30 a.m.

Date of Intended Adoption: March 9, 2006.

Submit Written Comments to: Robert J. Lopez, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, e-mail rlopez@whrc.state.wa.us, fax (360) 459-6461, by March 6, 2006.

Assistance for Persons with Disabilities: Contact Patty Sorby by March 6, 2006, TTY (360) 459-6462.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: As part of the agency's regulatory reform effort the Washington horse racing commission is amending four sections, repealing three sections and adding one new section to this chapter. There are no substantial changes to the four amended sections. The amendments clarify current practices and eliminate confusing and unclear language. The new section, WAC 260-80-150, is intended to prohibit the mistreatment of any horse on the grounds of a license racing association.

Reasons Supporting Proposal: Complies with the governor's executive order on regulatory reform.

Statutory Authority for Adoption: RCW 67.16.020.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Washington horse racing commission, governmental.

Name of Agency Personnel Responsible for Drafting: Robert J. Lopez, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, (360) 459-6462; Implementation and Enforcement: Robert M. Leichner, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, (360) 459-6462.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable.

A cost-benefit analysis is not required under RCW 34.05.328. Not applicable.

January 13, 2006

R. M. Leichner

Executive Secretary

OTS-8584.1


AMENDATORY SECTION(Amending Rules of racing, filed 4/21/61)

WAC 260-80-020   Accepting bribe.   No ((racing official or his assistant, no owner, trainer, jockey, agent, no person having charge of or access to any race horse, nor any other)) person shall accept or offer to accept on his own behalf or on behalf of another, any bribe, gift or gratuity in any form to influence the result of a race or which would tend to do so.

[Rules of racing, 66, filed 4/21/61.]


AMENDATORY SECTION(Amending Rules of racing, filed 4/21/61)

WAC 260-80-050   Conspiracy.   No person shall conspire with any other person for the commission of((, or connive with any other person in)) any corrupt or fraudulent practice in relation to racing nor shall he commit such an act on his own account.

[Rules of racing, 69, filed 4/21/61.]


AMENDATORY SECTION(Amending Order 6, filed 12/3/70)

WAC 260-80-100   Appliance to alter speed of horse.   No electrical or mechanical device or other appliance designed or intended to increase or decrease the speed of a horse ((()), or that would tend ((so to do))) to increase or decrease the speed of a horse, other than the ordinary whip shall be possessed by ((any one)) anyone or applied by ((any one)) anyone to a horse, at any time on the grounds of an association, during a meeting whether in a race or otherwise.

Any person aiding or abetting in the use or possession of, or soliciting or inducing the use or possession of such a device or appliance shall be subject to the same penalties as the penalty for possession or use.

[Order 6, 260-80-100, filed 12/3/70; Rules of racing, 74, filed 4/21/61.]


AMENDATORY SECTION(Amending Rules of racing, filed 4/21/61)

WAC 260-80-110   Tampering with horse.   No person shall improperly tamper or attempt to tamper with any horse in such a way as to affect his speed in a race, or in such a way as is intended to affect the horse's speed in a race, nor shall ((he)) any person counsel or in any way aid or abet any such tampering.

[Rules of racing, 75, filed 4/21/61.]


NEW SECTION
WAC 260-80-150   Mistreatment of horses.   While on the association grounds no person shall subject any horse to any form of cruelty, mistreatment, neglect, abuse, abandonment, injury, maiming or killing or administer any noxious substance to or deprive any horse of necessary care or sustenance, shelter or veterinary care.

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REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 260-80-080 Horseshoes.
WAC 260-80-090 Bar plates.
WAC 260-80-120 Paying fine of jockey.