WSR 10-08-106

PROPOSED RULES

HORSE RACING COMMISSION


[ Filed April 7, 2010, 9:50 a.m. ]

Original Notice.

Expedited rule making -- Proposed notice was filed as WSR 10-04-075.

Title of Rule and Other Identifying Information: WAC 260-40-065 Coupled and multiple entries and 260-60-300 Whom may claim, the amendment would change the number of horses a trainer may enter in an overnight race from two to three with certain restrictions.

Hearing Location(s): Auburn City Council Chambers, 25 West Main, Auburn, WA 98002, on June 10, 2010, at 9:30 a.m.

Date of Intended Adoption: June 10, 2010.

Submit Written Comments to: Douglas L. Moore, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, e-mail dmoore@whrc.state.wa.us, fax (360) 459-6461, by June 7, 2010.

Assistance for Persons with Disabilities: Contact Patty Sorby by June 7, 2010, TTY (360) 459-6462.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To attempt to increase field size by allowing up to three entries in an overnight race by a single trainer.

Reasons Supporting Proposal: An increase of field size has shown to directly influence the mutuel handle which also affects funds generated for purses.

Statutory Authority for Adoption: RCW 67.16.020.

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

Name of Proponent: [Horse racing commission], governmental.

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.

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.

April 7, 2010

Douglas L. Moore

Deputy Secretary

OTS-2982.3


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 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