WSR 04-04-047

PROPOSED RULES

HORSE RACING COMMISSION


[ Filed January 29, 2004, 1:16 p.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 03-21-056.

     Title of Rule: WAC 260-40-160 Horses owned or managed by a disqualified person.

     Purpose: To clarify when the spouse of a disqualified person may own or manage a horse.

     Other Identifying Information: In 1987 the Washington State Court of Appeals ruled that the "blanket regulation" in WAC 260-40-160 violated the constitutional requirement that an infringement on the right to marry be narrowly tailored to meet the state interests. The amendment is intended to comply with the court's ruling.

     Statutory Authority for Adoption: RCW 67.16.020.

     Summary: The proposed amendment to WAC 260-40-160 makes a horse ineligible to run in a race if the horse is owned or managed by the spouse of a disqualified person when the spouse and the disqualified person constitute a single financial entity.

     Reasons Supporting Proposal: Complies with the 1987 Washington State Court of Appeals decision.

     Name of Agency Personnel Responsible for Drafting: Robert Lopez, 6326 Martin Way, Suite 209, Olympia, WA 98516, (360) 459-6462; Implementation and Enforcement: Robert Leichner, 6326 Martin Way, Suite 209, Olympia, WA 98516, (360) 459-6462.

     Name of Proponent: Washington Horse Racing Commission, governmental.

     Rule is necessary because of state court decision, Levinson v. Horse Racing Commission, 48 Wn.App. 822 (1987).

     Explanation of Rule, its Purpose, and Anticipated Effects: The proposed amendment makes a horse ineligible to start in a race when it is owned by the spouse of a disqualified person or is under the management of a spouse of a disqualified person when the spouse and disqualified person constitute a single financial entity. The proposed amendment is intended to not only meet the requirements of the court in Levinson v. Horse Racing Commission, but also mirrors the national model policy.

     Proposal Changes the Following Existing Rules: Amends WAC 260-40-160(3) by not restricting ownership or management of a horse by a spouse of a disqualified person, unless the spouse and the disqualified person own or manage the horse as a single financial entity.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable.

     RCW 34.05.328 does not apply to this rule adoption.

     Hearing Location: Auburn City Council Chambers, 25 West Main, Auburn, WA 98001, on March 11, 2004, at 10:00 a.m.

     Assistance for Persons with Disabilities: Contact Patty Sorby at the Washington Horse Racing Commission by March 10, 2004.

     Submit Written Comments to: Robert M. Leichner, Executive Secretary, Washington Horse Racing Commission, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, fax (360) 459-6461, by March 10, 2004.

     Date of Intended Adoption: March 12, 2004.

January 28, 2004

R. M. Leichner

Executive Secretary

OTS-6907.1


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

WAC 260-40-160   Horse owned or managed by disqualified person.   (1) A horse shall not be qualified to be entered or to start in any race, if owned in whole or in part, or if under the management, directly or indirectly, of a disqualified person.

     (2) If any entry from any disqualified person or a disqualified horse is received, such entry shall be void and any money paid for such entry shall be returned if the disqualification is disclosed forty-five minutes before post time for the race. Otherwise, any such money shall be paid to the winner.

     (3) ((No entry shall be accepted from husband or wife, while either is disqualified.)) A horse is ineligible to start in a race when it is wholly or partially owned by the spouse of a disqualified person or a horse is under the direct or indirect management of the spouse of a disqualified person, in such cases, it being presumed that the disqualified person and spouse constitute a single financial entity with respect to the horse, which presumption may be rebutted.

[Rules of racing, §§ 110, 111, 112, filed 4/21/61.]

Legislature Code Reviser 

Register

© Washington State Code Reviser's Office