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 firstname.lastname@example.org, 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
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.
[Rules of racing, § 335, filed 4/21/61.]
(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.
(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.
(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.
(2) All racing associations shall ensure that each horse is stabled in an individual box stall with minimum dimensions of ten by ten feet.
(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.
(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.]
(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.]
[Rules of racing, § 244, filed 4/21/61.]
[Statutory Authority: RCW 67.16.020 and 67.16.040. 81-08-013 (Order 81-01), § 260-20-075, filed 3/24/81.]
(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.]
[Rules of racing, § 329, filed 4/21/61.]
(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.
[Rules of racing, § 331, filed 4/21/61.]
[Rules of racing, § 332, filed 4/21/61.]
[Rules of racing, § 334, filed 4/21/61.]
|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.]
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.|