WSR 05-03-028

PROPOSED RULES

HORSE RACING COMMISSION


[ Filed January 10, 2005, 9:49 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 03-07-050.

Title of Rule and Other Identifying Information: WAC 260-60-300 Who may claim and 260-60-320 Limit to number.

Hearing Location(s): Auburn City Council Chambers, 25 West Main, Auburn, WA 98001, on March 10, 2005, at 9:30 a.m.

Date of Intended Adoption: March 10, 2005.

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 7, 2005.

Assistance for Persons with Disabilities: Contact Patty Sorby by March 7, 2005, TTY (360) 459-6462.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To amend WAC 260-60-300 Who may claim, to specify under what conditions a prospective owner may claim a horse, and to add three subsections to WAC 260-60-300: (1) To allow an authorized agent to claim more than one horse in a race if the claims are on behalf of different owners and as long as the owners do not have common interest, (2) no more than one claim may be entered if the claim is made on behalf of a stable consisting of horses owned by more than one person, but trained by the same trainer, and (3) in claiming races no more than two horses in the same interest or under the control of the same trainer can start. This proposal also repeals WAC 260-60-320 Limit to number.

Reasons Supporting Proposal: Increases horse ownership by enhancing the claiming rules to allow more people to participate in claiming.

Statutory Authority for Adoption: RCW 67.16.020 and 67.16.040.

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 7, 2005

R. M. Leichner

Executive Secretary

OTS-7684.2


AMENDATORY SECTION(Amending WSR 04-24-019, filed 11/22/04, effective 12/23/04)

WAC 260-60-300   Who may claim.   ((Who may claim: Owner, authorized agent or prospective owner possessing a claiming certificate.))

(1) In claiming races, any horse is subject to be claimed for its entered price by any licensed owner ((at that meeting)), including a prospective owner who has been issued a claiming certificate, or by a licensed authorized agent for the account of such owner. ((For the purpose of this rule an "owner" shall be deemed to be an owner as defined in WAC 260-12-010. Furthermore, such owner shall be registered in good faith for racing and has had a horse or horses occupying assigned stall space for the race meeting. The right to claim shall not be forfeited even though all horses occupying such stall space may have been eliminated.))

(2) ((In addition to the above rule, any horse is subject to be claimed by a person or a licensed authorized agent for the account of such person, providing such person has applied to and has been approved by the commission as a prospective owner and has been issued a claiming certificate.)) In order to claim a horse as a prospective owner, a person shall submit to the stewards a completed application for a prospective owner's license and the name of a licensed trainer who will assume the care and responsibility for any horse claimed. The stewards shall issue a claiming certificate to the applicant upon satisfactory evidence that the applicant is eligible for an owner's license. Once the prospective owner has successfully claimed a horse and made payment of labor and industry fees due, he/she shall be considered an owner. The prospective owner should contact a commission office for a new identification badge.

(3) The names of ((persons obtaining)) licensed prospective owners who have been issued a claiming certificate shall be prominently displayed in the offices of the commission and the racing secretary. ((Once the prospective owner has successfully claimed a horse he/she must secure an owner's license on a timely basis. An applicant for a claim certificate shall submit to the Stewards:

(a) A completed application for a claiming permit and the licensing fee;

(b) The name of a licensed trainer who will assume the care and responsibility for any horse claimed;

(c) The stewards shall issue a claim certificate upon satisfactory evidence that the applicant is eligible for an owner's license;

(d))) (4) The ((claim)) claiming certificate shall expire with the conclusion of the race meeting at which it was issued, ((or)) upon the claim of a horse, or upon issuance or denial of an owner's license, whichever comes first((;

(e) A claim certificate may be renewed by the stewards during the same year with no additional fee;

(f) A claiming certificate may be issued to a person who had been licensed as an owner during a previous race meet)).

(5) No person shall claim more than one horse in any one race, except that an authorized agent may claim more than one horse if done on behalf of different owners, and as long as the owners do not have a common interest.

(6) When a stable consists of horses owned by more than one person but trained by the same trainer, not more than one claim may be entered on behalf of such stable in any one race.

(7) In claiming races not more than two horses in the same interest or under the control of the same trainer can start.

[Statutory Authority: RCW 67.16.020. 04-24-019, 260-60-300, filed 11/22/04, effective 12/23/04. Statutory Authority: RCW 67.16.040. 96-12-008, 260-60-300, filed 5/23/96, effective 6/23/96.]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 260-60-320 Limit to number.

Washington State Code Reviser's Office