WSR 06-07-059

PERMANENT RULES

HORSE RACING COMMISSION


[ Filed March 10, 2006, 12:55 p.m. , effective April 10, 2006 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: To amend chapter 260-80 WAC as part of the agency's regulatory reform effort, and to write and organize rules in a clear and concise manner that they are easily understood by those to whom they apply.

Citation of Existing Rules Affected by this Order: Repealing WAC 260-80-080, 260-80-090 and 260-80-120; and amending WAC 260-80-020, 260-80-050, 260-80-100, and 260-80-110.

Statutory Authority for Adoption: RCW 67.16.020 and 67.16.040.

Adopted under notice filed as WSR 06-03-091 on January 13, 2006.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 5, Repealed 3.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 1, Amended 5, Repealed 3; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: March 9, 2006.

R. M. Leichner

Executive Secretary

OTS-8584.2


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. This section does not apply to treatment or euthanasia of a horse by a licensed veterinarian consistent with standard veterinary practices.

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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.

Washington State Code Reviser's Office