Original Notice.

Preproposal statement of inquiry was filed as WSR 99-22-019.

Title of Rule: WAC 260-40-100 Performance records.

Purpose: Add language to existing rule to conform to model rules.

Statutory Authority for Adoption: RCW 67.16.040.

Summary: Adds language to existing rule to bring into conformance with accepted model rules.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Bruce Batson, Olympia, Washington, (360) 459-6462.

Name of Proponent: Washington Horse Racing Commission, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: Add language to conform to accepted model rules.

Proposal Changes the Following Existing Rules: Adding additional language to existing rule to conform to nationally accepted model rules.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The changes will not affect more than 20% or less than 10% of the population. A small business economic impact statement was not prepared.

RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: Doubletree Hotel at SeaTac, 18740 Pacific Highway South, Seattle, WA, on February 26, 2000, at 10:00 a.m.

Submit Written Comments to: Bruce Batson, Executive Secretary, Washington Horse Racing Commission, 7912 Martin Way, Suite D, Olympia, 98516, fax (360) 459-6461, by February 25, 2000.

Date of Intended Adoption: February 26, 2000.

January 19, 2000

Bruce Batson

Executive Secretary

by Patty Sorby

It is the intent of the commission that the public be provided with all relevant information regarding a horse's recent racing and workout record; Therefore: (1) ((A horse which during the past calendar year, has started in a race which is not reported in the daily racing form and/or equibase shall not be entered at a Washington track unless and until the owner or trainer shall have furnished to the racing secretary, at entry time, performance records as hereinafter designated.      Such performance records shall show where and when said horse raced; the distance; the weight carried; amount earned; said horse's finishing position and time.)) The owner/and or trainer of any horse which has started at a track not reported in the Daily Racing Form or Equibase since its last start at a recognized track, must furnish the racing secretary prior to the entry of such horse to any race in this State, performance records of said horse's races during the past year, or their last two starts, including published races, showing date, distance, finishing position and time. If such records are unavailable, the horse will be ineligible to start.

(2) ((In a maiden race, a horse which at any time, has started in a race which is not reported in the daily racing form and/or equibase shall not be entered at a Washington track unless and until the owner or trainer shall have furnished to the racing secretary at entry time, complete performance records as hereinafter designated.      Such performance records shall show where and when said horse raced; the distance; the weight carried; amount earned; said horse's finishing position and time.))     For thoroughbreds, a horse which wins a race at a Class C track within the State, shall not be penalized for such winnings in races run at any other meeting other than a Class C track. The maiden classification will be lost at any track whose results are published in the Daily Racing Form or Equibase. A horse which wins a race at a track with results not reported in the Daily Racing Form or Equibase, outside this state, shall not be penalized for such winnings except at Class C tracks. For other breeds, all wins, including the maiden wins, shall be counted in considering eligibility at all racing association meets in the state of Washington if the win is recognized by the Arabian Jockey Club, the American Quarter Horse Association, the Appaloosa Horse Club, or other breed registry as authorized by the commission.

(3) ((Performance records for races which are not reported in the daily racing form and/or equibase shall be published in the official program of the racing association or posted and announced no later than the time that wagering opens for that day's racing.      No horse may be permitted to enter in a race whose recent workouts have not been properly recorded with the commission.)) All wins shall be considered in eligibility requirements of horses running at Class C racing association meets.

(4) ((For thoroughbreds, all races at Class C racing association meets in the state of Washington shall not be counted in considering eligibility of horses running at Class A and Class B racing association meets.      However, the maiden allowance shall be lost by the winning of any race at a track whose complete official results are carried by the daily racing form and/or equibase. For all other breeds, all wins, including maiden wins, shall be counted in considering eligibility at all racing association meets in the state of Washington if the win is recognized by the arabian jockey club, the American quarter horse association, the appaloosa horse club, or other breed performance registry as authorized by the commission.)) Workouts requirements. The commission shall designate, before each race meeting, the minimum workout requirements for said race meeting to ensure the integrity of the industry to the wagering public.

(((5) All wins shall be considered in eligibility requirements of horses running at Class C racing association meets.))

[Statutory Authority: RCW 67.16.040.      95-18-016, § 260-40-100, filed 8/24/95, effective 9/24/95.      Statutory Authority: RCW 67.16.020 and 67.16.040.      86-09-072 (Order 86-02), § 260-40-100, filed 4/21/86.      Statutory Authority: RCW 67.16.020.      78-08-089 (Order 78-2), § 260-40-100, filed 7/31/78; Order 74.2, § 260-40-100, filed 10/30/74, effective 1/1/75; Rules of racing, §§ 102, 103, filed 4/21/61; Subsection (4) added, filed 3/11/65.]

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

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