WSR 10-03-060



[ Filed January 15, 2010, 11:14 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 09-22-071.

Title of Rule and Other Identifying Information: WAC 260-44-050 Weighing out -- Equipment included in jockey's weight, removes language regarding the whip, which will be moved to WAC 260-52-040 and add language to clarify weight in bad weather conditions.

Hearing Location(s): Auburn City Council Chambers, 25 West Main, Auburn, WA 98002, on March 11, 2010, at 9:30 a.m.

Date of Intended Adoption: March 11, 2010.

Submit Written Comments to: Douglas L. Moore, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, e-mail, fax (360) 459-6461, by March 8, 2010.

Assistance for Persons with Disabilities: Contact Patty Sorby by March 8, 2010, TTY (360) 459-6462.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The change removes language regarding the whip which is moved to WAC 260-52-040 to incorporate the new safety riding crop. Also clarifies practice of allowing extra weight for jockeys during inclement weather conditions to allow for extra clothing.

Reasons Supporting Proposal: This complies with the recommended model rule for public records.

Statutory Authority for Adoption: RCW 67.16.020.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: [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.

January 15, 2010

Douglas L. Moore

Deputy Secretary


AMENDATORY SECTION(Amending WSR 07-07-035, filed 3/12/07, effective 4/12/07)

WAC 260-44-050   Weighing out -- Equipment included in jockey's weight.   (1) The jockey's weight must also include their clothing and boots, and the saddle and its attachments.

(2) The following items may not be included in a jockey's weight: ((Whip)) Riding crop, head number, bridle, bit, reins, number cloth, blinker, over girth, protective helmet or safety vest.

(3) ((Whips must have closed poppers, with a maximum length of four inches and minimum width of one and one-quarter inches. Whips must have three rows of one-inch feathers made of leather or other material approved by the stewards. The maximum length of a whip may not exceed thirty-one inches (including popper). The maximum weight of a whip may not exceed one pound.)) Upon approval by the board of stewards or their designee, jockeys may be allowed up to two pounds more than published weights to account for inclement weather clothing and equipment.

[Statutory Authority: RCW 67.16.020 and 67.16.040. 07-07-035, 260-44-050, filed 3/12/07, effective 4/12/07; 06-07-063, 260-44-050, filed 3/10/06, effective 4/10/06. Rules of racing, 30, filed 4/21/61.]

Washington State Code Reviser's Office