WSR 11-23-117

PROPOSED RULES

HORSE RACING COMMISSION


[ Filed November 21, 2011, 10:36 a.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 11-20-053.

     Title of Rule and Other Identifying Information: WAC 260-32-040 Jockey may not be owner or trainer.

     Hearing Location(s): Auburn City Council Chambers, 25 West Main, Auburn, WA 98002, on January 13, 2012, at 9:30 a.m.

     Date of Intended Adoption: January 13, 2012.

     Submit Written Comments to: Douglas L. Moore, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, e-mail dmoore@whrc.state.wa.us, fax (360) 459-6461, by January 10, 2012.

     Assistance for Persons with Disabilities: Contact Patty Sorby by January 10, 2012, TTY (360) 459-6462.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Removes the restriction that jockeys may not own horses and allows them to own with certain restrictions.

     Reasons Supporting Proposal: Ensures transparency for stakeholders and the public on true ownership of horses.

     Statutory Authority for Adoption: RCW 67.16.020.

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

     Name of Proponent: [Horse racing commission], governmental.

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

November 21, 2011

Douglas L. Moore

Deputy Secretary

OTS-4438.1


AMENDATORY SECTION(Amending WSR 06-07-065, filed 3/10/06, effective 4/10/06)

WAC 260-32-040   Jockey ((may not be)) as an owner or trainer.   (1) A jockey shall not be ((an owner or)) a trainer of any horse competing at the race meet where the jockey is riding.

     (2) A jockey may be an owner of a horse(s) competing at the race meet where the jockey is riding under the following conditions:

     (a) A jockey may not enter more than one horse in an overnight race in which they have an ownership interest in.

     (b) A jockey may not ride any horse in a race in which he/she has an ownership interest except the horse that they own.

     (c) A jockey is not eligible to claim as an owner.

[Statutory Authority: RCW 67.16.020 and 67.16.040. 06-07-065, § 260-32-040, filed 3/10/06, effective 4/10/06. Rules of racing, § 144, filed 4/21/61.]

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