WSR 03-07-074

PROPOSED RULES

HORSE RACING COMMISSION


[ Filed March 18, 2003, 1:12 p.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 02-22-023 on October 28, 2002.

     Title of Rule: New section WAC 260-32-005 Use of communications equipment prohibited in the jockey's quarters, paddock and racing surface.

     Purpose: To control the use of communications devices in the jockey's quarters, paddock and race surface.

     Statutory Authority for Adoption: RCW 67.16.020.

     Summary: To prohibit any form of two-way communications devices in the jockey's quarters, paddock or race surface when these areas are in use.

     Reasons Supporting Proposal: To ensure the safety of the jockey and contestants and to eliminate fraudulent activity.

     Name of Agency Personnel Responsible for Drafting: Robert Lopez, Olympia, Washington, (360) 459-6462; Implementation and Enforcement: Robert Leichner, Olympia, Washington, (360) 459-6462.

     Name of Proponent: Washington Horse Racing Commission, governmental.

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

     Explanation of Rule, its Purpose, and Anticipated Effects: The purpose of this new section is to control the use of any communications devices in the jockey's quarters, paddock and race surface when these areas are actively in use. The section is intended to ensure the safety of the jockeys and contestants to prevent fraudulent activity to occur.

     Proposal does not change existing rules.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. The changes will not impose any costs upon businesses in the horse racing industry.

     RCW 34.05.328 does not apply to this rule adoption. The rule is not subject to this section under RCW 34.05.328 (5)(a).

     Hearing Location: Auburn City Council Chambers, 25 West Main, Auburn, WA 98001, (253) 931-3041, on May 10, 2003, at 10:30 a.m.

     Submit Written Comments to: Robert Leichner, Washington Horse Racing Commission, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, (360) 459-6461, by May 9, 2003.

     Date of Intended Adoption: May 10, 2003.

March 17, 2003

R. M. Leichner

Executive Secretary


NEW SECTION
WAC 260-32-005   Use of communications equipment prohibited in the jockey's quarters, paddock and racing surface.   Except as expressly authorized by the stewards, all cell phones, pagers and other voice and data communications devices must be turned off in the jockey's quarters, paddock and on the racing surface when these areas are actively in use.

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