WSR 08-02-015



[ Filed December 21, 2007, 8:26 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 07-21-079.

Title of Rule and Other Identifying Information: WAC 260-44-080 Weighing out(( -- Overweight -- Declarations--Posting--Maximum)).

Hearing Location(s): Auburn City Council Chambers, 25 West Main, Auburn, WA 98002, on February 14, 2008, at 9:30 a.m.

Date of Intended Adoption: February 14, 2008.

Submit Written Comments to: Robert J. Lopez, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, e-mail, fax (360) 459-6461, by February 5, 2008.

Assistance for Persons with Disabilities: Contact Patty Sorby by February 5, 2008, TTY (360) 459-6462.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To amend WAC 260-44-040 to allow jockeys at Class C (nonprofit) race meets to ride up to one hundred thirty-five pounds.

Reasons Supporting Proposal: Provides greater opportunities for jockeys to ride at the Class C race meets, thus improving the chances of more horses being able to enter and run in races. This amendment is being proposed to assist the nonprofit race meets in the state of Washington.

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.

December 21, 2007

R. J. Lopez

Deputy Secretary


AMENDATORY SECTION(Amending WSR 07-07-035, filed 3/12/07, effective 4/12/07)

WAC 260-44-080   Weighing out -- Overweight(( -- Declarations -- Posting -- Maximum)).   (1) If a jockey intends to carry overweight, he/she must declare the amount at the time of weighing out.

(2) If a jockey reports an overweight exceeding two pounds, the owner or trainer has the option to replace the jockey without being assessed a double-jock mount fee. Failure on the part of a jockey to comply with this rule will be reported to the stewards by the clerk of scales.

(3) At Class A or B race meets a horse may not carry more than seven pounds overweight((, except as provided in subsection (4) of this section)).

(4) Horses ((running)) at Class C race meets may carry more than seven pounds overweight ((with the permission of the stewards)), up to a maximum weight of one hundred thirty-five pounds((, except in handicap races or races where the conditions of the race expressly state to the contrary)).

[Statutory Authority: RCW 67.16.020 and 67.16.040. 07-07-035, 260-44-080, filed 3/12/07, effective 4/12/07; 06-07-063, 260-44-080, filed 3/10/06, effective 4/10/06; 87-15-019 (Resolution No. 87-02), 260-44-080, filed 7/8/87; Order 75-1, 260-44-080, filed 2/18/75. Rules of racing, 304, 305, 306, filed 4/21/61.]

Washington State Code Reviser's Office