WSR 07-07-013

PERMANENT RULES

HORSE RACING COMMISSION


[ Filed March 8, 2007, 4:56 p.m. , effective April 8, 2007 ]


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

Purpose: Amend chapter 260-80 WAC, Prohibited practices.

Citation of Existing Rules Affected by this Order: Repealing WAC 260-80-020; and amending WAC 260-80-010, 260-80-030, 260-80-040, 260-80-050, 260-80-060, 260-80-070, 260-80-100, 260-80-110, 260-80-130, 260-80-140, and 260-80-150.

Statutory Authority for Adoption: RCW 67.16.020 and 67.16.040.

Adopted under notice filed as WSR 07-03-132 on January 23, 2007.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 11, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 2, Amended 11, Repealed 1.

Number of Sections Adopted Using Negotiated Rule Making: New 2, Amended 11, Repealed 1; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: March 8, 2007.

R. J. Lopez

Deputy Secretary

OTS-9521.2

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)) influence the result of a race.

[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