Original Notice.

     Preproposal statement of inquiry was filed as WSR 08-20-058.

     Title of Rule and Other Identifying Information: To add a section in WAC 260-52-040, the race - paddock to finish requiring the [that] a safety crop be used.

     Hearing Location(s): Auburn City Council Chambers, 25 West Main, Auburn, WA 98002, on March 11, 2010, at 9:30 a.m.

     Date of Intended Adoption: March 11, 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 March 8, 2010.

     Assistance for Persons with Disabilities: Contact Patty Sorby by March 8, 2010, TTY (360) 459-6462.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Incorporates the ARCI model rule on the new riding crop to require its use at tracks in Washington, with the exclusion of nonprofit race meets.

     Reasons Supporting Proposal: This complies with the recommended model rule for public records.

     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.

January 15, 2010

Douglas L. Moore

Deputy Secretary

OTS-2021.4

AMENDATORY SECTION(Amending WSR 08-05-088, filed 2/15/08, effective 3/17/08)

WAC 260-52-040   Post to finish.   (1) All horses must be ridden out in every race. A jockey may not ease up or coast to the finish, without reasonable cause, even if the horse has no apparent chance to win prize money. A jockey must always give his/her best effort during a race. Each horse must be ridden to win. No jockey may cause his/her horse to shorten its stride so as to give the appearance of having suffered a foul.

     (2) If a jockey strikes or touches another jockey or another jockey's horse or equipment, his/her mount may be disqualified.

     (3) When clear in a race a horse may be ridden to any part of the course. If any horse swerves, or is ridden to either side, so as to interfere with, impede, or intimidate any other horse, the horse may be disqualified.

     (4) A horse may not interfere with another horse and thereby cause the other horse to lose ground or position, or cause the other horse to break stride. When this interference occurs in the part of the race where the other horse loses the opportunity to place where it might reasonably be expected to finish, the stewards may disqualify the interfering horse.

     (5) If the stewards determine the foul was intentional, or due to careless riding, the jockey may be held responsible.

     (6) In a straightaway race, every horse must maintain position as nearly as possible in the lane in which it starts. If a horse is ridden, drifts or swerves out of its lane and interferes, impedes, or intimidates another horse, it may be considered a foul and may result in the disqualification of the offending horse.

     (7) When a horse is disqualified, the stewards may place the offending horse behind the horse(s) it interfered with, place it last, or declare it unplaced and ineligible for any purse money and/or time trial qualification. In the case of multiple disqualifications, under no circumstance may a horse regain its finishing position once it has been disqualified.

     (8) If a horse is disqualified, any horses it is coupled with may also be disqualified.

     (9) When a horse is disqualified in a time trial race, for the purposes of qualifying only, it must receive the time of the horse it is placed behind plus one-hundredth of a second penalty or more exact measurement if photo finish equipment permits, and remain eligible to qualify for the finals or consolations of the race on the basis of the assigned time.

     (10) In time trials, horses must qualify on the basis of time and order of finish. Times are determined by the official timer. If the automatic timer malfunctions, averages of a minimum of three hand times must be used for that individual race. In the instance of horses competing in the same race receiving identical times, order of finish must determine qualifiers. In the event two or more horses receive identical times for the final qualifying position, a draw by lot conducted by the stewards will determine the final qualifying positions.

     (11) If a horse that qualified for the finals should be unable to enter due to racing soundness or scratched for any other reason other than a positive test or rule violation, the owner will receive last place purse money. If more than one horse is scratched from the final, then those purse moneys will be added together and distributed equally among those owners.

     (12) If a qualifier for a final or consolation is disqualified for ineligibility or a rule violation after the time trials are declared official, but prior to entry for the final or consolation, the nonqualifier with the next fastest time must replace the disqualified horse. If a qualifier is disqualified after entry for the final or consolation for any reason other than unsoundness, illness or death, the purse will be redistributed among the remaining qualifiers.

     (13) Possession of any electrical or mechanical stimulating or shocking device by a jockey, horse owner, trainer or other person will be considered prima facie evidence of a violation of these rules and is sufficient grounds for the stewards to scratch or disqualify any horse involved, and summarily suspend the individual in possession of the device.

     (((14) Any jockey carrying a whip during a race must use the whip in a manner consistent with using his/her best efforts to win.

     (15) Any jockey who uses a whip during the running of a race is prohibited from whipping a horse:

     (a) In an excessive or brutal manner;

     (b) On the head, flanks, or on any part of its body other then the shoulders or hind quarters;

     (c) During the post parade except when necessary to control the horse;

     (d) When the horse is clearly out of the race;

     (e) Steadily, even though the horse is showing no response to the whip.))

[Statutory Authority: RCW 67.16.020 and 67.16.040. 08-05-088, § 260-52-040, filed 2/15/08, effective 3/17/08. Statutory Authority: RCW 67.16.040. 00-06-069, § 260-52-040, filed 3/1/00, effective 4/1/00. Statutory Authority: RCW 67.16.020 and 67.16.040. 81-08-013 (Order 81-01), § 260-52-040, filed 3/24/81; Rule 211, filed 4/21/61.]

     (a) Maximum weight of 8 ounces;

     (b) Maximum length (including flap) of 30 inches;

     (c) Minimum diameter of the shaft of one-half inch; and

     (d) The contact area of the shaft must be smooth with no protrusions or raised surface.

     (2) The only additional feature that may be attached to the riding crop is a flap. If a flap is attached it must meet the following specifications:

     (a) Maximum length of the flap from the end of the shaft is one inch;

     (b) Maximum width of the flap is 1.6 inches, with a minimum width of 0.8 inch;

     (c) The flap, from the end of the shaft, may not contain any reinforcements or additions;

     (d) There may be no binding within 7 inches of the end of the flap;

     (e) The flap must be humane, cushioned with memory foam or other similar shock absorbing material, unaltered from the original manufacturer, and sewn down each side of the outer layer;

     (f) The flap must be dark in color and made of a material that does not harden over time; and

     (g) The requirement for the riding crop is waived for Class C race meets as defined in RCW 67.16.130.

     (3) The riding crop is subject to approval by the stewards and subject to inspection by any steward, commission racing official, official veterinarian, or investigator.

     (4) Although the use of a riding crop is not required, any jockey who uses a riding crop during a race may do so only in a manner consistent with exerting his/her best efforts to win. In all races where a jockey will ride without a riding crop, an announcement will be made over the public address system. No device designed to increase or retard the speed of a horse, other than an approved riding crop is permitted on the grounds of any racing association. Riding crops may not be used on 2-year-old horses before April 1 of each year.

     (5) Prohibited uses of the riding crop include striking a horse:

     (a) On the head, flanks or on any other part of its body other than the shoulders or hind quarters except when necessary to control a horse;

     (b) During the post parade or after the finish of the race, except when necessary to control the horse;

     (c) Excessively or brutally causing welts or breaks in the skin;

     (d) When the horse is clearly out of the race or has obtained its maximum placing;

     (e) Persistently even though the horse is showing no response under the riding crop; and

     (f) Striking another rider or horse.

     (6) The riding crop should only be used for safety, correction, and encouragement. All riders should consider the following when using the riding crop:

     (a) Showing the horse the riding crop and giving the horse time to respond before striking the horse;

     (b) Giving the horse the chance to respond before using the riding crop again; and

     (c) Using the riding crop in rhythm with the horse's stride.

     (7) After the race or during training all horses are subject to inspection by a steward, official veterinarian, commission racing official, or investigator.

     (8) Any trainer, owner, or other licensee that instructs a jockey to use the riding crop in a manner not consistent with these rules may be subject to disciplinary action.

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