WSR 05-02-077

PROPOSED RULES

HORSE RACING COMMISSION


[ Filed January 5, 2005, 8:10 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 04-22-013.

Title of Rule and Other Identifying Information: A new section in chapter 260-72 WAC on the use of personal communication devices on the grounds.

Hearing Location(s): Auburn City Council Chambers, 25 West Main, Auburn, WA 98001, on February 10, 2005, at 9:30 a.m.

Date of Intended Adoption: February 10, 2005.

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 7, 2005.

Assistance for Persons with Disabilities: Contact Patty Sorby by February 7, 2005, TTY (360) 459-6462.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To establish a new section in chapter 260-72 WAC governing the use of personal communication devices on the grounds of any racetrack, which prohibits the use of personal communication devices in the jockey's quarters thirty minutes prior to the first live race and until the last race is final, and while on horseback on the racing surface, during live racing, except with the permission of the stewards. Personal communications devices, if used, shall be turned off or set to a silent mode when in the saddling enclosure, the receiving barn and the test barn when horses are present.

Reasons Supporting Proposal: To protect the integrity of horse racing and to ensure the safety of the participants and horses.

Statutory Authority for Adoption: RCW 67.16.020 and 67.16.040.

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.

January 4, 2005

R. M. Leichner

Executive Secretary

OTS-7739.1


NEW SECTION
WAC 260-72-050   Use of personal communication devices on the grounds.   (1) The use of personal communication devices is not allowed by any licensee, except with prior approval or in the case of an emergency, in the jockey's quarters thirty minutes prior to the first live race and until the final live race on the card is official.

(2) No licensee shall use a personal communication device while on horseback on the racing surface, during live racing, except with permission of the board of stewards.

(3) The use of audible personal communication devices shall be prohibited in the saddling enclosure of the paddock, the receiving barn, and test barn when horses are present. These devices are permitted, but when carried in these areas these devices shall be turned off or set to a silent mode.

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Washington State Code Reviser's Office