WSR 09-01-020

PROPOSED RULES

HORSE RACING COMMISSION


[ Filed December 8, 2008, 8:30 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 08-21-029.

Title of Rule and Other Identifying Information: WAC 260-40-100 Performance records and new section WAC 260-40-155 The effects of wins on eligibility.

Hearing Location(s): Auburn City Council Chambers, 25 West Main, Auburn, WA 98002, on February 12, 2009, at 9:30 a.m.

Date of Intended Adoption: February 12, 2009.

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 February 9, 2009.

Assistance for Persons with Disabilities: Contact Patty Sorby by February 9, 2009, TTY (360) 459-6462.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Currently WAC 260-40-100 addresses both performance records (published races, showing date, distance, finishing position and time) and the effects of wins, specifically wins at Class C race meets, have on eligibility for future races. The purpose of the proposed amendments to WAC 260-40-100 is to focus this section solely on the requirements of owners and trainers regarding a horse's performance records. New section WAC 260-40-155 is being proposed to address the effect wins have on future eligibility, both Class C race meets in Washington and fair meets in Oregon, but also other recognized race meets in Washington.

Reasons Supporting Proposal: As part of the agency's regulatory reform effort, the purpose is to separate the issues of performance records and wins and their effect on eligibility for future races, and to eliminate unclear language.

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 8, 2008

R. J. Lopez

Deputy Secretary

OTS-2002.1


AMENDATORY SECTION(Amending WSR 07-07-010, filed 3/8/07, effective 4/8/07)

WAC 260-40-100   Performance records.   (1) ((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 in a 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 not provided, the horse will be ineligible to start.

(2) For thoroughbreds, a horse which wins a race at a Class C track within the state, with the exception of its maiden win, will not be penalized for such winnings in races run at any other race meet other than a Class C track. The maiden classification will be lost by winning a race 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, will not be penalized for such winnings except at Class C tracks. All winnings in races conducted outside the state of Washington and under the authority of a recognized racing jurisdiction will count with regards to a horse's eligibility. For other breeds, all wins, including the maiden wins, will 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 recognized by the commission.

(3) Performance records for races which are not reported in the daily racing form and/or equibase will be published in the official program of the racing association or posted and announced.

(4) All wins will be considered in eligibility requirements of horses running at Class C racing association meets.)) The owner or trainer of any horse which has started at a recognized race meet not reported in the daily racing form or equibase since its last recorded start must provide the horse's performance records to the racing secretary prior to entering or nominating the horse in a race in this state. These performance records must include the name of the track, date of the race, distance of the race, finish position, and running time of the race, and include all starts since competing at a recorded recognized race meet. If these records are not provided, the horse may not start in a race.

(2) Performance records for races not reported in the daily racing form or equibase will be published in the official program of the racing association and/or posted and announced to the public.

[Statutory Authority: RCW 67.16.020 and 67.16.040. 07-07-010, 260-40-100, filed 3/8/07, effective 4/8/07. Statutory Authority: RCW 67.16.020. 04-09-026, 260-40-100, filed 4/13/04, effective 5/14/04. Statutory Authority: RCW 67.16.040. 00-07-039, 260-40-100, filed 3/6/00, effective 4/6/00; 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.]


NEW SECTION
WAC 260-40-155   The effect of wins on eligibility.   (1) For thoroughbreds, all wins at a Class C race meet in the state or a fair meet in the state of Oregon will not be considered in determining any eligibility at a Class A or B race meet, with the only exception that any horse which has won a race at a recognized race meet may not compete in a maiden race.

(2) All wins at any recognized race meet will be considered in eligibility requirements of horses running at Class C race meets.

(3) For other breeds, all wins, including maiden wins, will count in eligibility at all race meets, if the win is recognized by the breed registry association listed in WAC 260-16-050(2).

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Washington State Code Reviser's Office