WSR 17-24-059
[Filed December 4, 2017, 8:23 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 17-21-036.
Title of Rule and Other Identifying Information: WAC 260-60-410 Claimed horseIn whose interest runDelivery and passage of title.
Hearing Location(s): On January 12, 2018, at 9:30 a.m., at the Auburn City Council Chambers, 25 West Main, Auburn, WA 98002.
Date of Intended Adoption: January 12, 2018.
Submit Written Comments to: Douglas L. Moore, 6326 Martin Way, Suite 209, Olympia, WA 98516, email, fax 360-459-6461, by January 5, 2018.
Assistance for Persons with Disabilities: Contact Patty Brown, phone 360-459-6462, fax 360-459-6461, TTY 360-459-6462, email, by January 9, 2018.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Corrects a conflict with WAC 260-60-460 regarding cancellations of a claim.
Reasons Supporting Proposal: In 2017 the Washington horse racing commission (WHRC) amended WAC 260-60-460 allowing the stewards to cancel a claim if the horse suffers a catastrophic injury during the running of the race. WAC 260-60-410 also refers to cancellations and it was discovered there was a conflict between the two rules. This amendment corrects the conflict.
Statutory Authority for Adoption: RCW 67.16.020.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: WHRC, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Douglas L. Moore, 6326 Martin Way, Suite 209, Olympia, WA 98516, 360-459-6462.
A school district fiscal impact statement is not required under RCW 28A.305.135.
A cost-benefit analysis is not required under RCW 34.05.328. Not applicable.
The proposed rule does not impose more-than-minor costs on businesses. Following is a summary of the agency's analysis showing how costs were calculated. Not business related.
December 4, 2017
Douglas L. Moore
Executive Secretary
AMENDATORY SECTION (Amending WSR 08-05-088, filed 2/15/08, effective 3/17/08)
WAC 260-60-410 Claimed horseIn whose interest runDelivery and passage of title.
Any purse moneys and prizes earned by a claimed horse will be awarded to the owner that entered the horse. All claims are valid and ownership of the claimed horse is official from the time the claimed horse becomes a "starter." The successful claimant becomes the owner of the horse, whether it ((be alive or dead,)) is sound ((or)), unsound, or injured during the race or after it, unless the claim is canceled in accordance with WAC 260-60-460(2). Transfer of possession of a claimed horse will take place immediately after the race has been run unless otherwise directed by the stewards. If the horse is required to be taken to the test barn for post-race testing, the successful claimant or his/her representative must maintain physical custody of the claimed horse. However, the original owner, trainer or his/her representative will accompany the horse, observe the testing procedure and sign the test sample tag.