WSR 07-03-130

PROPOSED RULES

HORSE RACING COMMISSION


[ Filed January 23, 2007, 10:20 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 06-17-035.

Title of Rule and Other Identifying Information: Chapter 260-44 WAC, Weights and equipment.

Hearing Location(s): Auburn City County Chambers, 25 West Main, Auburn, WA 98001, on March 8, 2007, at 9:30 a.m.

Date of Intended Adoption: March 8, 2007.

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 March 5, 2007.

Assistance for Persons with Disabilities: Contact Patty Sorby by March 6, 2007, TTY (360) 459-6462.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To update all sections to reflect clear language in the rule-making process.

Reasons Supporting Proposal: Updates the section to delete outdated language and to make rules easier to understand by all individuals.

Statutory Authority for Adoption: RCW 67.16.020.

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: Douglas L. Moore, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, (360) 459-6462; Implementation and Enforcement: Robert 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 23, 2007

Douglas L. Moore

Management Analyst

OTS-9520.1


AMENDATORY SECTION(Amending WSR 06-07-063, filed 3/10/06, effective 4/10/06)

WAC 260-44-010   Equipment changes.   (1) ((The starter and the stewards must approve the addition or removal of blinkers. Approval by the starter must be obtained before the stewards will consider approving the change.

(2) The stewards must approve the addition or removal of front leg wraps.)) Permission to change any equipment from that which a horse carried in its previous race must be obtained from the stewards.

(2) Permission for a horse to add or remove blinkers must be approved by the starter before being granted by the stewards.

(3) A trainer may tie down a horse's tongue((. The stewards may monitor the use of tongue ties)), but only with a clean bandage or gauze.

(4) Whips ((shall)) will be considered standard equipment in all quarter horse races.

[Statutory Authority: RCW 67.16.020 and 67.16.040. 06-07-063, 260-44-010, filed 3/10/06, effective 4/10/06; Order 73.1, 260-44-010, filed 5/18/73. Rules of racing, 132, filed 4/21/61.]


AMENDATORY SECTION(Amending WSR 06-07-063, filed 3/10/06, effective 4/10/06)

WAC 260-44-020   Weights for age.   The following weights ((are)) will be carried when ((they)) weights are not ((stated in the)) a condition((s)) of the race:

SCALE OF WEIGHTS FOR AGE

Distance Age June July Aug. Sept.
Half Mile . . . . . . . . . . . . 2 years . . . . . . . . . . . . . . . . . . . 105 108
3 years . . . . . . . . . . . . 123 125 126 127
4 years . . . . . . . . . . . . 130 130 130 130
5 & up . . . . . . . . . . . . 130 130 130 130
Six Furlongs . . . . . . . . . . . . 2 years . . . . . . . . . . . . . . . . . . . 102 105
3 years . . . . . . . . . . . . 121 123 125 126
4 years . . . . . . . . . . . . 130 130 130 130
5 & up . . . . . . . . . . . . 130 130 130 130
One Mile . . . . . . . . . . . . 2 years . . . . . . . . . . . . . . . . . . . . . . 96
3 years . . . . . . . . . . . . 115 117 119 121
4 years . . . . . . . . . . . . 126 126 126 126
5 & up . . . . . . . . . . . . 126 126 126 126
One Mile &

a Quarter . . . . . . . . . . . .

2 years . . . . . . . . . . . . . . . . . . . . . . . . .
3 years . . . . . . . . . . . . 113 116 118 120
4 years . . . . . . . . . . . . 126 126 126 126
5 & up . . . . . . . . . . . . 126 126 126 126
One & a

Half Miles . . . . . . . . . . . .

2 years . . . . . . . . . . . . . . . . . . . . . . . . .
3 years . . . . . . . . . . . . 111 114 117 119
4 years . . . . . . . . . . . . 126 126 126 126
5 & up . . . . . . . . . . . . 126 126 126 126
Two Miles . . . . . . . . . . . . 3 years . . . . . . . . . . . . 109 112 114 117
4 years . . . . . . . . . . . . 126 126 125 125
5 & up . . . . . . . . . . . . 126 126 125 125

(1) In races of intermediate lengths not specified above, the weights for the shorter distance are carried.

(2) In all races, except handicap races and races where the conditions expressly state to the contrary, two-year-old fillies are allowed 3 lbs., and three-year-old mares and older ((fillies and mares)) are allowed 5 lbs., before the 1st of September, and 3 lbs., thereafter.

(((3) In all overnight races the minimum weight shall be 112 pounds, subject to sex and apprentice allowance. This rule shall not apply to handicap races.))

[Statutory Authority: RCW 67.16.020 and 67.16.040. 06-07-063, 260-44-020, filed 3/10/06, effective 4/10/06. Rules of racing, 296, filed 4/21/61; Subsec. (4) amended, filed 3/11/65.]


AMENDATORY SECTION(Amending WSR 06-07-063, filed 3/10/06, effective 4/10/06)

WAC 260-44-030   Penalties and allowances.   (1) ((No horse shall)) A horse may not carry extra weight((,)) or be barred from ((any)) a race for having run second or lower in a previous race.

(2) ((Penalties and)) Penalty weights and weight allowances ((of weight)) are not cumulative, unless provided by the conditions of the race.

(((3) No horse shall receive allowance of weight, or be relieved from extra weight, for having been beaten in one or more races. This rule shall not prohibit maiden allowances, or allowances to horses that have not won within a specified time, or that have not won races of a specified value.))

[Statutory Authority: RCW 67.16.020 and 67.16.040. 06-07-063, 260-44-030, filed 3/10/06, effective 4/10/06. Rules of racing, 297, 298, 299, filed 4/21/61.]


AMENDATORY SECTION(Amending WSR 06-07-063, filed 3/10/06, effective 4/10/06)

WAC 260-44-050   Weighing out -- Equipment included in jockey's weight.   (1) The jockey's weight ((shall)) must also include ((his)) their clothing and boots, and the saddle and its attachments.

(2) The following items ((shall)) may not be included in a jockey's weight: Whip, head number, bridle, bit, reins, number cloth, blinker, protective helmet or safety vest.

(3) ((No bridle shall exceed two pounds in weight.

(4))) Whips ((shall)) must have closed poppers, with a maximum length of four inches and minimum width of one and one-quarter inches. Whips ((shall)) must have three rows of one-inch feathers made of leather or other material((s)) approved by the stewards. The maximum length of a whip ((shall)) may not exceed thirty-one inches (including popper). The maximum weight of a whip ((shall)) may not exceed one pound.

[Statutory Authority: RCW 67.16.020 and 67.16.040. 06-07-063, 260-44-050, filed 3/10/06, effective 4/10/06. Rules of racing, 30, filed 4/21/61.]


AMENDATORY SECTION(Amending WSR 06-07-063, filed 3/10/06, effective 4/10/06)

WAC 260-44-080   Weighing out -- Overweight -- Declarations -- Posting -- Maximum.   (1) If a jockey intends to carry overweight, he/she must declare the amount at the time of weighing out. ((If the jockey is in doubt as to his/her proper weight, the jockey may declare the weight he will carry.))

(2) If a jockey reports an overweight exceeding two pounds, the owner or trainer has the option to replace the jockey without being assessed a double-jock mount fee. Failure on the part of a jockey to comply with this rule ((shall)) will be reported to the stewards by the clerk of scales.

(3) ((No)) A horse ((shall)) may not carry more than seven pounds overweight, except as provided in subsection (4) of this section.

(4) Horses running at Class C race meets may carry more than seven pounds overweight with the permission of the stewards up to a maximum weight of one hundred thirty-five pounds, except in handicap races or races where the conditions of the race expressly state to the contrary.

[Statutory Authority: RCW 67.16.020 and 67.16.040. 06-07-063, 260-44-080, filed 3/10/06, effective 4/10/06; 87-15-019 (Resolution No. 87-02), 260-44-080, filed 7/8/87; Order 75-1, 260-44-080, filed 2/18/75. Rules of racing, 304, 305, 306, filed 4/21/61.]


AMENDATORY SECTION(Amending Rules of racing, filed 4/21/61)

WAC 260-44-090   Weighing out -- Trainer responsible for weight.   The trainer is responsible for the weight carried by his/her horse.

[Rules of racing, 307, filed 4/21/61.]


AMENDATORY SECTION(Amending WSR 06-07-063, filed 3/10/06, effective 4/10/06)

WAC 260-44-110   Weighing in -- Procedure.   (1) After a race has been run and after the jockey has pulled up the horse, the jockey ((shall)) must ride promptly to the designated unsaddling area and dismount. The jockey ((shall)) will proceed to the clerk of the scales to be weighed in. If a jockey is prevented from riding his/her mount to the designated unsaddling area because of an accident or of illness to either the jockey or the horse, the jockey may walk or be carried to the scales, or the stewards may excuse the jockey from weighing.

(2) Except by permission of the stewards, every jockey, upon arrival at the designated unsaddling area after a race, ((every jockey)) must unsaddle the horse he/she has ridden. No person ((shall)) may touch the jockey or the horse except by the horse's bridle, or cover the horse in any manner until the jockey has removed the equipment to be weighed.

(3) No person ((shall)) may assist a jockey in removing from his/her horse the equipment that is to be included in the jockey weight, except by permission of the stewards.

(4) Each jockey ((shall)) must carry over to the scales all pieces of equipment with which he/she weighed out.

[Statutory Authority: RCW 67.16.020 and 67.16.040. 06-07-063, 260-44-110, filed 3/10/06, effective 4/10/06. Statutory Authority: RCW 67.16.040. 99-05-049, 260-44-110, filed 2/12/99, effective 3/15/99. Rules of racing, 309 through 312, filed 4/21/61.]


AMENDATORY SECTION(Amending WSR 06-07-063, filed 3/10/06, effective 4/10/06)

WAC 260-44-120   Weighing in -- Weigh in/weigh out -- Tolerances -- Penalties.   (1) Each jockey ((shall)) will weigh in at the same weight ((as that at which)) he/she weighed out. If a jockey is short of the weigh out amount by more than two pounds, his/her mount ((shall)) will be disqualified. If a weight discrepancy arises after a race has been declared official, a change in the order of finish ((shall include a redistribution of purse moneys. The disqualification)) will not affect the parimutuel payoffs.

(2) ((It is a violation of these rules for a jockey to weigh in more than two pounds under the assigned weight. Either the jockey or the trainer, or both may be held responsible for this violation.

(3))) If any jockey weighs in at more than two pounds over his/her proper or declared weight, the clerk of scales will report the overweight to the stewards for possible disciplinary action. In considering discipline((,)) the stewards ((shall)) will consider any excess weight caused by rain or mud.

[Statutory Authority: RCW 67.16.020 and 67.16.040. 06-07-063, 260-44-120, filed 3/10/06, effective 4/10/06. Statutory Authority: RCW 67.16.040. 99-05-049, 260-44-120, filed 2/12/99, effective 3/15/99. Rules of racing, 313, 314, filed 4/21/61.]


AMENDATORY SECTION(Amending WSR 06-07-063, filed 3/10/06, effective 4/10/06)

WAC 260-44-150   Horseshoes.   (1) A horse starting in a race ((shall)) must be fully shod with racing plates.

(2) ((Use of bar shoes must be declared at time of entry.

(3))) During off-track conditions the trainer is ((responsible)) required to report any additional traction devices to the board of stewards or designee.

(((4))) (3) For turf racing, horses must be shod with racing plates approved by the association.

[Statutory Authority: RCW 67.16.020 and 67.16.040. 06-07-063, 260-44-150, filed 3/10/06, effective 4/10/06.]


NEW SECTION
WAC 260-44-160   Safety reins required.   (1) A person may not be mounted on a horse, as defined in WAC 260-12-010, on the grounds of a licensed facility under the jurisdiction of the commission, unless the horse is using a bridle equipped with safety reins that include a second rein and hook originally manufactured inside the rein with a minimum of 450 lbs. of break load.

(2) Conventional reins may be used at a facility under the jurisdiction of the commission for a period of one year after the effective date of this rule.

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Washington State Code Reviser's Office