Original Notice.

     Preproposal statement of inquiry was filed as WSR 12-17-065.

     Title of Rule and Other Identifying Information: WAC 260-20-090 Association security.

     Hearing Location(s): Auburn City Council Chambers, 25 West Main, Auburn, WA 98002, on March 15, 2013, at 9:30 a.m.

     Date of Intended Adoption: March 15, 2013.

     Submit Written Comments to: Douglas L. Moore, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, e-mail doug.moore@whrc.state.wa.us, fax (360) 459-6461, by March 13, 2013.

     Assistance for Persons with Disabilities: Contact Patty Sorby by March 13, 2013, TTY (360) 459-6462.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Requires association security to record a log of individual[s] entering the stable area during late night hours (midnight to 4:00 a.m.).

     Reasons Supporting Proposal: To protect the horses and ensure only authorized individuals have access to the stable area during those times. Also complies with ARCI model rules.

     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: 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.

February 1, 2013

Douglas L. Moore

Deputy Secretary

OTS-5273.1

AMENDATORY SECTION(Amending WSR 12-23-015, filed 11/9/12, effective 12/10/12)

WAC 260-20-090   Association security.   (1) A racing association conducting a race meet must maintain security controls over its grounds.

     (2) An association will prevent access to, and will 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 must provide continuous security in the stable area during all times that horses are stabled on the grounds. An association will require any person entering the stable area to display a valid license or credential issued by the commission or a pass issued by the association.

     (4) Class A or B racing associations must keep a written record, on a form approved by the commission, of all horses admitted to or leaving the stable areas. For horses admitted to the stable areas the log must contain the date, time, names of horses, and barn or name of trainer they are being delivered to. For horses leaving the stable areas the log must contain the date, time, name of horses, and barn or name of trainer they are leaving from. A copy of the completed form(s) must be provided to the commission on a weekly basis. The original log is subject to inspection at any time by the commission.

     (5) All persons and businesses transporting horses on and off the grounds of a racing association are responsible to provide association security, and if applicable, the commission with the names of any horses delivered to or leaving the grounds and the trainer responsible.

     (6) Class A or B racing associations must keep a written record of all individuals admitted to the stable area between the hours of 12:00 midnight and 4:00 a.m. At a minimum the record shall contain the name of the person admitted, the person's license numbers and the time admitted.

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

     (((7))) (8) Not later than twenty-four hours after an incident occurs requiring the attention of security personnel, the chief of security must deliver to commission 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 and the circumstances of the incident.

[Statutory Authority: RCW 67.16.020. 12-23-015, § 260-20-090, filed 11/9/12, effective 12/10/12. Statutory Authority: RCW 67.16.020 and 67.16.040. 07-11-115, § 260-20-090, filed 5/18/07, effective 6/18/07; Rules of racing, § 336, filed 4/21/61.]