PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 04-10-047.
Title of Rule and Other Identifying Information: WAC 260-14-050 Ownership interests in race horses.
Hearing Location(s): Auburn City Council Chambers, 25 West Main, Auburn, WA 98[98001], on September 9, 2004, at 10:00 a.m.
Date of Intended Adoption: September 9, 2004.
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 September 8, 2004.
Assistance for Persons with Disabilities: Contact Patty Sorby by September 8, 2004, TTY (360) 459-6462.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To amend the existing rule [to] prohibit any regulatory employee, any employee and any commissioner of the Washington Horse Racing Commission from having any ownership in any race horse running at any race meet under the jurisdiction of the commission.
Reasons Supporting Proposal: To ensure the regulatory mission of the commission is carried out without the problems associated with employees or commissioners owning horses that run in races regulated by the commission.
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: 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.
July 27, 2004
R. M. Leichner
Executive Secretary
OTS-7326.1
AMENDATORY SECTION(Amending Order 75.2, filed 4/17/75)
WAC 260-14-050
Ownership interests in race horses.
(1)
No regulatory employee or employee shall have any ownership
interest in any race horse running at any race meet ((at which
he is employed)) under the jurisdiction of the commission.
(2) ((No employee of the commission, except temporary
clerks, shall have any ownership interest in any race horse
running at any track under jurisdiction of the commission
except as provided by subparagraph (3) hereof.
(3) An employee may retain an interest in a horse as lessor, or an option to purchase or repurchase a horse only under the following conditions:
(a) An affidavit containing:
(i) The name of the horse or horses in which the employee has retained an interest is filed with the commission;
(ii) The nature of the interest retained is disclosed in said affidavit. (i.e., lessor, option, etc.); and
(iii) The nature of the retained interest is such that no purse money or owner's bonuses earned in the state of Washington shall redound directly or indirectly to such employee.
(4))) No commissioner shall have any ownership interest
in any race horse running at any race meet under the
jurisdiction of the commission ((unless he discloses such
interest in an affidavit filed with the commission.
(5) Copies of affidavits filed hereunder shall be maintained in a separate file in the offices of the commission in Olympia, Washington, and shall be open and available for public inspection during regular office hours of said commission)).
[Order 75.2, § 260-14-050, filed 4/17/75; Order 73.3, § 260-14-050, filed 6/28/73.]