WSR 06-05-075

PROPOSED RULES

HORSE RACING COMMISSION


[ Filed February 14, 2006, 7:31 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 05-14-069.

Title of Rule and Other Identifying Information: Amend chapter 260-20 WAC, Association grounds and facilities.

Hearing Location(s): Red Lion Inn, Columbia Center, 1101 North Columbia Center Boulevard, Kennewick, WA 99336, on April 7, 2006, at 9:30 a.m.

Date of Intended Adoption: April 7, 2006.

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 April 3, 2006.

Assistance for Persons with Disabilities: Contact Patty Sorby by April 3, 2006, TTY (360) 459-6462.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: By amending chapter 260-20 WAC the agency intends to modernize our rules as part of or [our] regulatory reform effort and to also write and organize our rules in a more clear and concise manner so they are more easily understood by those to whom they apply.

Reasons Supporting Proposal: The current effort will modernize our rules and repeal a number of rules that were established in 1961.

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.

February 13, 2006

R. M. Leichner

Executive Secretary

OTS-8634.1


NEW SECTION
WAC 260-20-005   General duty of a racing association.   A racing association, its officers, directors, officials and employees shall abide by and enforce the rules of racing and the orders of the commission and stewards. A racing association may request an exemption from a requirement in this chapter to utilize new technology or innovative construction in the design of the racetrack facilities. The commission may grant an exemption if the commission determines that the racing association's proposal substantially satisfies the purpose of the requirement, and the exemption is in the best interests of horse racing.

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

WAC 260-20-010   Duty to maintain race track.   Racing associations shall at all times maintain their race tracks in good condition and with a special consideration for the ((comfort and)) safety and well-being of the public((, of)) and the horses ((stabled, exercising or entered to race thereat, and of all whose business requires their attendance thereat; and to this end)). The racing association shall have available adequate and proper implements to maintain a uniform track, weather conditions permitting.

[Rules of racing, 335, filed 4/21/61.]


NEW SECTION
WAC 260-20-012   Audio and visual equipment.   (1) A racing association shall provide and maintain in good working order a communication system between the stewards' stand, race office, tote room, jockeys' quarters, paddock, test barn, starting gate, weigh-in scale, video camera locations, clockers' stand, track announcer, location of the ambulances (equine and human), and other locations and persons designated by the commission, or designee.

(2) A racing association shall provide and maintain a public address system capable of clearly transmitting announcements to the patrons and to the stable area.

(3) A racing association may be required to provide two electronic photo finish devices with mirror image to photograph the finish of each race. The commission, or designee shall approve the location and operation of the photo finish devices before its first use in a race. The association shall promptly post a photograph or digital image of each photo finish for win, place or show in an area accessible to the public. The association shall ensure that the photo finish devices are calibrated before the first day of each race meeting and at other times as required by the commission, or designee. On request by the commission, or designee, the association, or photo finish provider, shall provide, without cost, a print of a photo finish to the commission, or designee. The association or photo finish provider shall maintain photo finish records of each race for not less than six months after the end of the race meeting, or such other period as directed by the stewards or the commission, or designee.

(4) A racing association shall provide an electronic timing system that records the time of each race in at least hundredths of a second. It shall be the duty of the association to maintain this system and all split time markers sensors in good working order.

(5) A racing association shall provide a videotaping system approved by the commission, or designee. Cameras must be located to provide clear panoramic and head-on views of each race. Separate monitors, which simultaneously display the images received from each camera and are capable of simultaneously displaying a synchronized view of the recordings of each race for review, shall be provided in the stewards' stand. The commission, or designee shall approve the location and construction of video towers.

(a) One camera, designated by the commission, or designee shall videotape the prerace loading of all horses into the starting gate and shall continue to videotape them until the starter dispatches the field.

(b) One camera, designated by the commission, or designee, shall videotape the apparent winner of each race from the finish line until the horse has returned, the jockey has dismounted and the equipment has been removed from the horse.

(c) The board of stewards may, at their discretion, direct the video camera operators to videotape the activities of any horses or persons handling horses prior to, during or following a race.

(6) Races run at a Class A or B track must be recorded by at least three video cameras. Races run at a Class C track must be recorded by at least two video cameras.

(7) A racing association shall, upon request, provide to the commission, without cost, a copy of a videotape of a race.

(8) Videotapes recorded prior to, during and following each race shall be maintained by the association for not less than six months after the end of the race meeting, or such other period as is directed by the stewards or the commission, or designee.

(9) A racing association shall provide a viewing room in which an owner, trainer, jockey, or other interested individual may view a videotape recording of a race.

(10) Following any race in which there is an inquiry or objection, the association shall display to the public on designated monitors the videotaped replays of the incident in question, which were utilized by the stewards in making their decision.

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NEW SECTION
WAC 260-20-013   Racetrack, rails and starting gate.   (1) The surface of a racetrack, including the cushion, subsurface and base, must be designed, constructed and maintained to provide for the safety of the jockeys and horses.

(2) Prior to the first race meeting at an association racetrack, a licensed surveyor may be required to provide to the commission a certified report of the grade and measurement of the distances to be run. If required, the surveyor's report must be submitted to the commission for approval prior to the first race day of the meeting.

(3) Distances to be run shall be measured from the starting line at a distance three feet out from the inside rail.

(4) A racing association shall provide an adequate drainage system for the racetrack.

(5) A racing association shall provide adequate equipment and personnel to maintain the track surface in a safe training and racing condition. The association shall provide back-up equipment for maintaining the track surface. An association that conducts races on a turf track shall:

(a) Maintain an adequate stockpile of growing medium; and

(b) Provide a system capable of adequately watering the entire turf course evenly.

(6) Racetracks, including turf tracks, shall have inside and outside rails, including gap rails, designed, constructed and maintained to provide for the safety of jockeys and horses. The commission or designee must approve the design and construction of rails prior to the first race meeting at the track.

(a) The top of the rail must be at least thirty-eight inches but not more than forty-two inches above the top of the cushion.

(b) For Class A and B associations, the inside rail shall have no less than a twenty-four-inch overhang with a continuous smooth cover.

(7) During racing hours, Class A and B associations shall provide at least two operable padded starting gates. Class C associations shall provide at least one operable padded starting gate. All starting gates shall be approved by the stewards.

(8) A racing association shall make at least one starting gate and qualified starting gate personnel available for schooling during designated training hours.

(9) A racing association shall ensure that an adequate amount of assistant starters are available for each horse in an official race.

(10) If a race is started at a place other than in a chute, the association shall provide and maintain in good operating condition backup equipment for moving the starting gate. The backup equipment must be immediately available to replace the primary moving equipment in the event of failure.

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NEW SECTION
WAC 260-20-015   Lighting.   (1) A racing association shall provide lighting for the racetrack and the patron facilities that is adequate to ensure the safety and security of the patrons, licensees and horses.

(2) A racing association shall provide additional lighting in the stable area as required by the commission, or designee.

(3) If a racing association conducts racing at night, the association shall maintain a back-up lighting system that is sufficient to ensure the safety of race participants and patrons.

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NEW SECTION
WAC 260-20-016   Barns.   (1) All racing associations shall ensure that the barns are kept clean and in good repair. At Class A and B racing associations, each barn, including the receiving barn, must have a hot and cold water supply available, be well-ventilated, and have proper drainage.

(2) All racing associations shall ensure that each horse is stabled in an individual box stall with minimum dimensions of ten by ten feet.

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NEW SECTION
WAC 260-20-017   Test barn.   (1) All racing associations shall provide a test barn for taking specimens of urine, blood or other bodily substances or tissues for testing. The test barn must be equipped with:

(a) A walk ring that is large enough to accommodate four horses;

(b) An approved amount of enclosed stalls that permit observation of the collection process and provide for the protection of collection personnel;

(c) Facilities for the collection, identification and storage of samples;

(d) A wash-rack that is large enough to accommodate an adequate number of horses at the same time;

(e) Hot and cold running water at Class A and B racing associations.

(2) A racing association shall limit access to the test barn to persons authorized by the official veterinarian.

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AMENDATORY SECTION(Amending Order 79-05, filed 12/17/79)

WAC 260-20-030   Fire prevention.   ((Associations shall make reasonable provisions for fire prevention, protection against fire, and fire suppression within the enclosure. Smoking is prohibited in barns (except tackrooms), stables, shedrows, hay sheds, and any area prohibited by state or local law.)) (1) A racing association shall develop and implement a program for fire prevention on association grounds. An association shall instruct employees working on association grounds of the procedures for fire prevention. An association shall deliver to the commission a copy of the state or local fire marshal's certification regarding the association's compliance with fire safety regulations or the fire marshal's plan of corrections. The certification or plan must be based on an inspection of the association grounds conducted by the fire marshal annually.

(2) No person shall:

(a) Smoke in stalls, feed rooms, dormitory rooms, stable offices, or under shed rows;

(b) Tamper with a fire protection, prevention or suppression system or device;

(c) Burn open fires or oil and gas lamps in the stable area;

(d) Leave unattended any electrical appliance that is plugged in to an electrical outlet;

(e) Permit horses to come within reach of electrical outlets or cords;

(f) Store flammable materials such as cleaning fluids or solvents in the stable area; or

(g) Lock a stall that is occupied by a horse.

(3) A racing association shall post a notice in the stable area that lists the prohibitions outlined above.

[Statutory Authority: RCW 67.16.020 and 67.16.040. 80-01-033 (Order 79-05), 260-20-030, filed 12/17/79; Rules of racing, 26, filed 4/21/61.]


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

WAC 260-20-040   ((Credentials for)) Admission to grounds((, stables, and enclosures)) -- Restricted areas.   No one shall be permitted to enter ((in or about the grounds, stables or stable enclosures)) the restricted areas of the grounds who does not have in his possession a license or credentials issued by the commission ((as owner, trainer, jockey, apprentice, agent, stable foreman, groom, exercise boy, plater, valet or veterinarian, or proper credentials)), or a badge or pass issued by the association((, and a full record of these credentials shall [be] compiled and open to inspection at all times)).

(1) The restricted areas of a racing association shall include, but not be limited to the stable area, the jockey's quarters, and the paddock or saddling enclosure.

(2) Children may be granted access to the stable areas as long as they are in the company of a parent or guardian who has a properly issued license, credential, badge or pass.

(3) At a Class C racing association, the stable areas shall not be considered a restricted area, except that the racing association may limit access to this area.

[Rules of racing, 339, filed 4/21/61.]


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

WAC 260-20-050   Badges and passes.   ((No tax free badge or pass may be issued to any horseman, in any capacity, without the approval of the commission; all badges or passes so approved must be recorded in a book kept by the racing secretary and each badge or pass must be numbered and kept in numerical order in the records; the commission shall have the right at all times to inspect such records.)) The racing association may issue badges or passes and each badge or pass must be numbered and kept in numerical order in the records; the commission shall have the right at all times to inspect such records. Badges or passes must be displayed while in a restricted area.

[Rules of racing, 244, filed 4/21/61.]


AMENDATORY SECTION(Amending Order 81-01, filed 3/24/81)

WAC 260-20-075   Firearms prohibited on association grounds.   ((Each racing association shall exclude from its grounds any person found to have firearms in his possession, except security personnel employed by the association or commission and law enforcement officers. Any licensee or permit holder who brings firearms onto the grounds of any racing association, except security personnel and law enforcement officers, may be subject to revocation or suspension of such license or permit, and any other authorized penalty the stewards may deem necessary.)) Firearms are not permitted on the grounds of any racing association, except by security personnel employed by the association and law enforcement officers. Any person who brings or possesses firearms on the grounds may be suspended and/or ejected from the grounds.

[Statutory Authority: RCW 67.16.020 and 67.16.040. 81-08-013 (Order 81-01), 260-20-075, filed 3/24/81.]


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

WAC 260-20-090   Association((s to maintain police and watchman service -- List)) security.   ((Each association shall maintain and furnish complete police and watchman service night and day in and about all stable enclosures and furnish to the commission each day a complete tabulation list thereof, showing name, duty, place stationed and portions of enclosures supervised by such policeman and watchman.)) (1) A racing association conducting a race meeting shall maintain security controls over its grounds.

(2) An association shall prevent access to and shall remove or cause to be removed from its restricted areas any person who is unlicensed, or who has not been issued a visitor's pass or other identifying credential, or whose presence in such restricted area is unauthorized.

(3) Class A or B racing associations shall provide continuous security in the stable area during all times that horses are stabled on the grounds. An association shall require any person entering the stable area to display a valid license or credential issued by the commission or a badge or visitor pass issued by the association.

(4) Class A or B racing associations shall provide fencing around the stable area in a manner that is approved by the commission.

(5) Not later than twenty-four hours after an incident occurs requiring the attention of security personnel, the chief of security shall deliver to the WHRC security a written report describing the incident, which may be forwarded to the stewards for disciplinary action. The report must include the name of each individual involved in the incident, the circumstances of the incident and a description of any possible violations of these rules.

[Rules of racing, 336, filed 4/21/61.]


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

WAC 260-20-160   Ambulances.   Racing associations shall ((furnish and maintain both a man ambulance and a horse ambulance)) provide a properly equipped and licensed ambulance, staffed with two emergency medical technicians, with at least one being a certified paramedic (mobile intensive care unit paramedic) trained in advance life support for each day that ((their)) the track((s may be)) is opened for racing or ((exercising horses, equipped and ready for immediate duty)) training. A racing association shall also provide a first-aid room equipped with at least two beds and other appropriate equipment.

[Rules of racing, 329, filed 4/21/61.]


NEW SECTION
WAC 260-20-165   Equine ambulance.   (1) A racing association shall provide an equine ambulance staffed by trained personnel on association grounds on each day that the racetrack is open for racing or training. The ambulance must be properly ventilated and kept at an entrance to the racing strip when not in use. The ambulance must be a vehicle that restricts view of the injured horse and large enough to accommodate a horse in distress. The ambulance must be able to navigate on the racetrack during all weather conditions and transport a horse off the racing surface. The ambulance must be equipped with:

(a) Large, portable screens to shield a horse from the public view;

(b) Ramps to facilitate loading an injured horse;

(c) Adequate means of loading a horse that is down;

(d) A rear door and a door on each side;

(e) A padded interior;

(f) A movable partition to initially provide more room to load a horse and to later restrict a horse's movement;

(g) A shielded area for the person who is attending to the horse; and

(h) An adequate area for the storage of water and veterinary drugs and equipment.

(2) A racing association may not conduct a race unless an equine ambulance or an official veterinarian approved substitute is available.

(3) The official veterinarian shall approve the equine ambulance, its supplies and attendants and the operating procedures for the equine ambulance.

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

WAC 260-20-180   ((Sanitary)) Facilities for jockeys.   Each racing association shall ((make such sanitary arrangements as baths, toilets, etc., for the use of jockeys, as may be reasonably required by the commission, the same to be conveniently located on the grounds)) provide facilities for the use of jockeys separate from the public areas.

[Rules of racing, 331, filed 4/21/61.]


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

WAC 260-20-190   Living quarters for stable employees.   ((Each)) Class A and B racing association shall provide adequate and sanitary living quarters((, with proper sanitary arrangements pertaining thereto, for stable employees)) for grooms.

[Rules of racing, 332, filed 4/21/61.]


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

WAC 260-20-210   Manure and refuse disposal.   Each racing association shall provide ((proper and well located boxes or pits for separately receiving stable manure and other refuse, situated well distant from living quarters, and such boxes and pits shall be emptied and their contents entirely removed from the premises of the association daily, and the area sprayed or dusted for insects each day)) an adequate area for the placement of manure removed from the stalls. All manure must be removed from the stable area in a time frame to ensure the health of all participants.

[Rules of racing, 334, filed 4/21/61.]


AMENDATORY SECTION(Amending Rules of racing, filed 3/11/65)

WAC 260-20-220   Standard color designations for distance poles.   ((The distance poles shall be)) A racing association shall provide starting point markers and distance poles in a size and position that is clearly seen from the stewards' stand. The starting point markers and distance poles must be marked as follows:

1/4 Poles Red and White Horizontal Stripes
1/8 Poles Green and White Horizontal Stripes
1/16 Poles Black and White Horizontal Stripes

[Rules of racing, 424, filed 3/11/65.]


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 260-20-020 Duty of commission employees relative to health, safety, and order.
WAC 260-20-060 Unauthorized persons -- Exclusion from stables.
WAC 260-20-070 Unauthorized persons -- Exclusion from paddock.
WAC 260-20-100 Responsibility of police and watchmen -- Letter of instructions.
WAC 260-20-110 Stable enclosures -- Fencing -- Admission to.
WAC 260-20-120 Report by bureau or security officer of arrests and bookings.
WAC 260-20-130 Report by officer in charge of night force.
WAC 260-20-140 Electric timing apparatus.
WAC 260-20-150 Patron gates.
WAC 260-20-170 First-aid equipment and personnel.
WAC 260-20-200 Drinking water, toilets, for patrons and invitees.