WSR 07-03-132

PROPOSED RULES

HORSE RACING COMMISSION


[ Filed January 23, 2007, 10:22 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 06-17-032.

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 8, 2007, at 9:30 a.m.

Date of Intended Adoption: March 8, 2007.

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 March 5, 2007.

Assistance for Persons with Disabilities: Contact Patty Sorby by March 6, 2007, TTY (360) 459-6462.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To rewrite sections in clear language (EO 05-03 and 06-02), and to add sections involving safe riding on association grounds and criminal activity on association grounds.

Reasons Supporting Proposal: This will clarify the commission's authority to regulate safe practices in the stable area to assist in an attempt to reduce labor and industries claims. A section was added to state that the commission would take action against any licensee who engages in any criminal activity in the stable area.

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: Douglas L. Moore, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, (360) 459-6462; Implementation and Enforcement: Robert 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 23, 2007

Douglas L. Moore

Management Analyst

OTS-9521.1

Chapter 260-80 WAC

((CORRUPT AND)) PROHIBITED PRACTICES


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

WAC 260-80-010   Offering or accepting a bribe.   No person ((shall)) may give, offer, ((or)) promise, or accept, directly or indirectly, either in his/her own behalf or in behalf of another, to anyone, any bribe, gift or gratuity in any form, for the purpose of improperly influencing the result of a race, or which would tend to do so.

[Rules of racing, 65, filed 4/21/61.]


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

WAC 260-80-030   Entering ineligible horse.   No person ((shall)) may willfully enter, or cause to be entered, or start a horse ((which)) that he/she knows or believes to be ineligible or disqualified.

[Rules of racing, 67, filed 4/21/61.]


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

WAC 260-80-040   Offer or receipt of benefit for ((declaring)) scratching an entry.   No person ((shall)) may offer or receive money or any other benefit for ((declaring)) withdrawing or scratching an entry from a race.

[Rules of racing, 68, filed 4/21/61.]


AMENDATORY SECTION(Amending WSR 06-07-059, filed 3/10/06, effective 4/10/06)

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

[Statutory Authority: RCW 67.16.020 and 67.16.040. 06-07-059, 260-80-050, filed 3/10/06, effective 4/10/06. Rules of racing, 69, filed 4/21/61.]


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

WAC 260-80-060   Betting for account of jockey.   No person ((shall)) may make a bet for the account of any jockey except the owner or trainer of the horse the jockey is riding, and then the bet may only be placed on the horse being ridden by ((said)) that jockey to win or finish first in combinations with other horses in multiple wagers. Records of such wagers must be kept and made available upon request of the stewards.

[Rules of racing, 70, filed 4/21/61.]


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

WAC 260-80-070   Offers, gifts, to jockey.   No person ((shall)) may offer or give a jockey any money or other benefit in relation to a race ((unless said person is)) except the owner or trainer of the horse ridden in ((said)) that race by ((said)) the jockey.

[Rules of racing, 71, filed 4/21/61.]


AMENDATORY SECTION(Amending WSR 06-07-059, filed 3/10/06, effective 4/10/06)

WAC 260-80-100   Appliance to alter speed of horse.   (1) No electrical or mechanical device or other appliance designed or intended to increase or decrease the speed of a horse, or that would tend to increase or decrease the speed of a horse, other than the ordinary whip ((shall)) may be possessed by anyone or applied by anyone to a horse, at any time on the grounds of an association, during a meeting whether in a race or otherwise.

(2) 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)) will be subject to the same penalties as the penalty for possession or use.

[Statutory Authority: RCW 67.16.020 and 67.16.040. 06-07-059, 260-80-100, filed 3/10/06, effective 4/10/06; Order 6, 260-80-100, filed 12/3/70. Rules of racing, 74, filed 4/21/61.]


AMENDATORY SECTION(Amending WSR 06-07-059, filed 3/10/06, effective 4/10/06)

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

[Statutory Authority: RCW 67.16.020 and 67.16.040. 06-07-059, 260-80-110, filed 3/10/06, effective 4/10/06. Rules of racing, 75, filed 4/21/61.]


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

WAC 260-80-130   Improper language.   No person ((shall)) may use improper, profane or indecent language to a commissioner, racing official, or any employee ((or representative)) of the commission.

[Rules of racing, 16, filed 4/21/61.]


AMENDATORY SECTION(Amending WSR 06-15-092, filed 7/14/06, effective 8/14/06)

WAC 260-80-140   Disturbing the peace.   A person may not unreasonably disturb the peace while on association grounds.

[Statutory Authority: RCW 67.16.020 and 67.16.040. 06-15-092, 260-80-140, filed 7/14/06, effective 8/14/06; Rules of racing, 17, filed 4/21/61.]


NEW SECTION
WAC 260-80-145   Safe practices while on horseback.   All persons while on horseback must ride in a safe and prudent manner on the grounds of a racing association.

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AMENDATORY SECTION(Amending WSR 06-07-059, filed 3/10/06, effective 4/10/06)

WAC 260-80-150   Mistreatment of horses.   ((While on the association grounds)) No person ((shall)) may 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.

[Statutory Authority: RCW 67.16.020 and 67.16.040. 06-07-059, 260-80-150, filed 3/10/06, effective 4/10/06.]


NEW SECTION
WAC 260-80-160   Engaging in criminal activity.   While on association grounds no person may engage in any activity that would constitute a criminal act in the state of Washington.

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REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 260-80-020 Accepting bribe.

Washington State Code Reviser's Office