WSR 03-02-015



[ Filed December 20, 2002, 3:55 p.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under WSR 02-22-025.

Title of Rule: WAC 260-72-010 Communication systems, commission approval required--Closure during racing.

Purpose: To update rules and eliminate language that is no longer applicable to obsolete.

Statutory Authority for Adoption: RCW 67.16.020.

Summary: The proposed rule uses terminology that reflects contemporary communication technology and practices.

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: Update rules to remove obsolete language.

Proposal Changes the Following Existing Rules: Modifies language originally adopted in 1961 to reflect changes in technology and practices.

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 February 13, 2003, at 1:00 p.m.

Submit Written Comments to: Robert Leichner, Executive Secretary, Washington Horse Racing Commission, 6326 Martin Way, Suite 209, Olympia, WA 98516, fax (360) 459-6461, by February 12, 2003.

Date of Intended Adoption: February 13, 2003.

December 20, 2002

R. M. Leichner

Executive Secretary

AMENDATORY SECTION(Amending Resolution No. 86-04, filed 10/16/86)

WAC 260-72-010   Communication systems, commission approval required(( -- Closure during racing)).   ((No telephone, telegraph, teletype, semaphore, signal device, radio, television, or other method of electrical, mechanical, manual or visual communication shall be installed within the enclosure of any licensee, until same has been approved by the commission.

(1) All public telephones and telegraph wires at the track, or on the grounds of the association conducting the meeting, shall be closed with the opening of the parimutuel windows for the first race of the day. No calls or wires shall be allowed to be made or received after the telephones and telegraph wires are closed until after the last race has been finished except by the officials of the commission, by duly authorized officials of the association, or duly accredited members of the press.

(2) The association is responsible to see that no unauthorized person uses their telephones during the period from thirty minutes prior to the first race to fifteen minutes after the last race of the day.

(3) No person shall be permitted to communicate information through the use of private telephones or other methods of communication, including but not limited to cellular telephones, while on the grounds of the association after the opening of the parimutuel windows for the first race of the day until after the last race has been finished, except as permitted by the officials of the commission or duly authorized officials of the association.)) No person shall use any telephonic, radio, semaphore or other signaling or communication equipment, device or method to transmit wagering information and/or the results of a race within any racing association, fair or simulcast wagering facility enclosure unless its use has been authorized by the Commission. Any communication equipment or device used contrary to this rule is subject to confiscation by a Commission official. This rule does not prohibit the personal use of devices or equipment for the purposes other that the transmission of racing information by any person within the enclosure when permitted by the racing association, fair or simulcast wagering facility.

[Statutory Authority: RCW 67.16.020, 67.16.040 and 67.16.075. 86-21-081 (Resolution No. 86-04), 260-72-010, filed 10/16/86; Rules of racing, 384, filed 4/21/61.]

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

Washington State Code Reviser's Office