WSR 08-23-049

PROPOSED RULES

HORSE RACING COMMISSION


[ Filed November 14, 2008, 8:40 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 08-20-041.

Title of Rule and Other Identifying Information: WAC 260-34-020 Drug and alcohol violations.

Hearing Location(s): Auburn City Council Chambers, 25 West Main, Auburn, WA 98002, on January 8, 2009, at 9:30 a.m.

Date of Intended Adoption: January 8, 2009.

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 January 5, 2009.

Assistance for Persons with Disabilities: Contact Patty Sorby by January 5, 2009, TTY (360) 459-6462.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To amend WAC 260-34-020 to lower the maximum allowable alcohol concentration for persons on horseback to 0.02%.

Reasons Supporting Proposal: Riding a horse on the grounds of a licensed racing facility presents a number of dangers to both the rider and other participants. Riders must be in full control of their faculties while on horseback. The current maximum allowable alcohol concentration of 0.08% is insufficient to continue the agency's efforts to protect both the human and equine participants.

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: 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.

November 14, 2008

R. J. Lopez

Deputy Secretary

OTS-1989.2


AMENDATORY SECTION(Amending WSR 07-07-008, filed 3/8/07, effective 4/8/07)

WAC 260-34-020   Drug and alcohol violations.   No licensee or applicant, while acting in an official capacity or participating directly in horse racing, ((shall)) will commit any of the following violations:

(1) Be under the influence of or affected by intoxicating liquor and/or drugs, have an alcohol concentration of 0.08 percent or higher, or have within their body any illegal controlled substance while on the grounds of any licensed race meet;

The alcohol concentration for persons on horseback may not be 0.02 percent or higher.

(2) Engage in the illegal sale or distribution of alcohol;

(3) Engage in the illegal sale or distribution of a controlled substance or possess an illegal controlled substance with intent to deliver;

(4) Possess an illegal controlled substance;

(5) Possess on the grounds of any licensed race meet any equipment, products or materials of any kind which are used or intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, or concealing an illegal controlled substance, or any equipment, products or materials of any kind, which are used or intended for use in injecting, ingesting, inhaling or otherwise introducing into the human body an illegal controlled substance; or

(6) Refuse to submit to blood, breath and/or urine testing, when notified that such testing is conducted pursuant to the conditions of WAC 260-34-030.

Failure to provide a blood, breath and/or urine sample when directed or intentional contamination of the sample by any person tested for the purpose of preventing accurate analysis of the sample, or other actions with intent to subvert the test, ((shall)) will be considered a refusal to submit to a test.

"Controlled substance" or "drug" as used in this chapter means any substance listed in chapter 69.50 RCW or legend drug as defined in chapter 69.41 RCW. The presence of a controlled substance or drug in any quantity measured by the testing instrument establishes the presence of that substance for the purpose of this section. The fact that a licensee or applicant is or has been entitled to use a drug under the laws of the state of Washington ((shall)) will not constitute a defense against a violation for being under the influence of or affected by intoxicating liquor and/or any drug.

[Statutory Authority: RCW 67.16.020 and 67.16.040. 07-07-008, 260-34-020, filed 3/8/07, effective 4/8/07; 06-07-064, 260-34-020, filed 3/10/06, effective 4/10/06; 05-07-066, 260-34-020, filed 3/11/05, effective 4/11/05; 89-13-006 (Order 89-02), 260-34-020, filed 6/9/89; 88-09-033 (Order 88-02), 260-34-020, filed 4/15/88.]

Washington State Code Reviser's Office