WSR 09-02-063

PROPOSED RULES

HORSE RACING COMMISSION


[ Filed January 6, 2009, 7:54 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 08-21-063.

Title of Rule and Other Identifying Information: WAC 260-70-675 Bicarbonate testing.

Hearing Location(s): Auburn City Council Chambers, 25 West Main, Auburn, WA 98002, on February 12, 2009, at 9:30 a.m.

Date of Intended Adoption: February 12, 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 February 9, 2009.

Assistance for Persons with Disabilities: Contact Patty Sorby by February 9, 2009, TTY (360) 459-6462.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose is to amend WAC 260-70-675 Bicarbonate testing to (1) specify that split samples for bicarbonate testing will be done the same as all other split samples; (2) the trainer or groom escorting the horse to the receiving barn will specify at the time whether or not a split sample is to be taken; and (3) the trainer will be responsible for the cost of collecting, shipping, and testing of the split sample.

Reasons Supporting Proposal: The proposed amendments to this section will transfer responsibility for collection, shipping and testing of split sample to the trainer consistent with other split samples.

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.

January 6, 2009

R. J. Lopez

Deputy Secretary

OTS-2087.1


AMENDATORY SECTION(Amending WSR 07-07-036, filed 3/12/07, effective 4/12/07)

WAC 260-70-675   Bicarbonate testing.   No bicarbonate-containing substance or alkalizing substance that effectively alters the serum or plasma pH or concentration of bicarbonates or total carbon dioxide in a horse may be administered to a horse within twenty-four hours of post time of the race in which the horse is entered.

An official veterinarian, the board of stewards or the executive secretary acting on behalf of the commission may at their discretion and at any time order the collection of test samples from any horses either in the horse's stall or within the receiving or test barn to determine the serum or plasma pH or concentration of bicarbonate, total carbon dioxide, or electrolytes.

Test samples must not exceed 37.0 millimoles of total carbon dioxide concentration per liter of serum or plasma. A serum or plasma total carbon dioxide level exceeding this value is a violation of this rule. Penalties will be assessed as a Class 4 violation as provided in WAC 260-84-110(6).

Split samples will be ((taken from all horses entered to run in a race when bicarbonate testing is to be done)) collected as provided in WAC 260-70-600(1), if the trainer or groom escorting the horse requests a split sample be taken. When a split sample((s are)) is taken, ((they)) it will be shipped as soon as practical to the commission-approved ((laboratories)) laboratory for total carbon dioxide split sample testing. The ((commission)) trainer is responsible for the cost of collection supplies, shipping, and testing of split samples taken under this section.

[Statutory Authority: RCW 67.16.020 and 67.16.040. 07-07-036, 260-70-675, filed 3/12/07, effective 4/12/07; 06-09-009, 260-70-675, filed 4/10/06, effective 5/11/06; 05-17-123, 260-70-675, filed 8/18/05, effective 9/18/05.]

Washington State Code Reviser's Office