WSR 10-04-075

EXPEDITED RULES

HORSE RACING COMMISSION


[ Filed February 1, 2010, 2:37 p.m. ]

Title of Rule and Other Identifying Information: WAC 260-40-065 Coupled and multiple entries and 260-60-300 Who may claim, removes the criteria which requires coupling of entries with common ownership. Additionally, changes the number of entries that can be made by a single trainer from two to three in an overnight race with certain restrictions that is referenced in both listed WACs.

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Douglas L. Moore, Washington Horse Racing Commission, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, (360) 459-6462, doug.moore@whrc.state.wa.us , AND RECEIVED BY April 5, 2010.


Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The Washington Horse Racing Commission is attempting to assist the associations and provide the betting public with better field size by allowing the uncoupling of common ownership entries and also would allow a trainer to enter a third horse in a race when there are at a minimum of six other entries prior to entering the third horse. The third horse entered by a trainer would not be allowed to prevent a single entry of another trainer from being excluded from the race in the case of an overfilled race.

Reasons Supporting Proposal: Purses are derived from the mutuel handle and it is documented that increased handle and field size are directly connected.

Statutory Authority for Adoption: RCW 67.16.020.

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

Name of Agency Personnel Responsible for Drafting: Douglas L. Moore, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, (360) 459-6462; Implementation and Enforcement: Robert J. Lopez, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, (360) 459-6462.

February 1, 2010

Douglas L. Moore

Deputy Secretary

OTS-2982.2


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

WAC 260-40-065   ((Coupled and)) Multiple entries.   (((1) Two or more horses owned or leased in whole or part by the same owner must be joined as a coupled entry and single betting interest when entered in the same race. Coupled entries may be uncoupled in stakes races. Common ownership entries may be uncoupled in stakes races with the approval of the board of stewards.

(2) A coupled entry may not exclude a single entry, except in a race where the conditions are specific as to preference.

(3) At the time of making a same ownership entry, the trainer, owner, or authorized agent must select which horse will run in the event the coupled entry is not allowed.

(4))) A trainer, owner, or authorized agent may not enter and start more than ((two)) three horses of the same or separate ownership in a purse race or overnight event, except under the following conditions:

(((a))) (1) Stake races;

(((b))) (2) Races in which there are fees required to nominate or enter; and

(((c) Allowance/optional claiming or maiden special weight races. In these races a trainer may not enter more than three horses.)) (3) The third entry may not exclude a single entry, or be allowed if there are less than ((seven)) six entries received prior to the entry of the trainer's third horse.

[Statutory Authority: RCW 67.16.020 and 67.16.040. 07-07-010, 260-40-065, filed 3/8/07, effective 4/8/07.]

OTS-2984.1


AMENDATORY SECTION(Amending WSR 08-05-088, filed 2/15/08, effective 3/17/08)

WAC 260-60-300   Who may claim.   (1) In claiming races, any horse is subject to be claimed for its entered price by any owner licensed by the commission, including a prospective owner who has been issued a claiming certificate, or by a licensed authorized agent for the account of such owner.

(2) In order to claim a horse as a prospective owner, a person will submit to the stewards a completed application for a prospective owner's license and the name of a licensed trainer who will assume the care and responsibility for any horse claimed. The stewards may issue a claiming certificate to the applicant upon satisfactory evidence that the applicant is eligible for an owner's license. Once the prospective owner has successfully claimed a horse and made payment of labor and industry fees due, he/she will be considered an owner. At that time the owner should contact a commission office for a new identification badge.

(3) The names of licensed prospective owners who have been issued a claiming certificate must be prominently displayed in the offices of the commission and the racing secretary.

(4) A claiming certificate will expire forty-five days from the date of issue, but may be extended with approval of the stewards; at the conclusion of the race meet at which it was issued, upon the claim of a horse, or upon issuance or denial of an owner's license, whichever comes first.

(5) No owner or prospective owner may claim more than one horse in any one race.

(6) An authorized agent may claim up to two horses, if each horse is claimed on behalf of entirely different ownerships, and the ownerships do not have a common interest in both claims. An authorized agent may not make a claim on the same horse for different owners.

(7) No more than two claims may be entered with the same trainer listed in any one race.

(8) No trainer may enter or start more than ((two)) three horses for a claiming price in one race.

[Statutory Authority: RCW 67.16.020 and 67.16.040. 08-05-088, 260-60-300, filed 2/15/08, effective 3/17/08; 05-07-063, 260-60-300, filed 3/11/05, effective 4/11/05. Statutory Authority: RCW 67.16.020. 04-24-019, 260-60-300, filed 11/22/04, effective 12/23/04. Statutory Authority: RCW 67.16.040. 96-12-008, 260-60-300, filed 5/23/96, effective 6/23/96.]

Washington State Code Reviser's Office