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WEST VIRGINIA Do Not Mark In This Box SECRETARY OF STATE NATA LIE E. TENNANT ADMINISTRATIVE LAW DIVISION Form #2 ·---------------------------'-------~----- NOTICE OF A COMMENT PERIOD ON A PROPOSED RULE AGENCY: West Virginia Racing Commission TITLE NUMBER: 178 RULE TYPE: _Le_g_isl_at_iv_e--------- CITE AUTHORITY: WV Code 19-23-2(al. 19-23-3071. 19-23-6. 19-23-8, 19-23-9. 19-23-13, 19-23-13b. 19-23-15 AMENDMENT TO AN EXISTING RULE: YES- NO- IF YES, SERIES NUMBER OF RULE BEING AMENDED: ----- TITLE OF RULE BEING AMENDED:Th_or_ou...:g_hb_re_d_Ra_c_in.::.g ________________ IF NO, SERIES NUMBER OF RULE BEING PROPOSED:----- TITLE OF RULE BEING PROPOSED:-------------------- IN LIEU OF A PUBLIC HEARING, A COMMENT PERIOD HAS BEEN ESTABLISHED DURING WHICH ANY INTERESTED PERSON MAY SEND COMMENTS CONCERNING THESE PROPOSED RULES. THIS COMMENT PERIOD WILL END ON July 19 • 2013 AT 5:00p.m. ONLY WRITTEN COMMENTS WILL BE ACCEPTED AND ARE TO BE MAILED TO THE FOLLOWING ADDRESS: West Virginia Racing Commission 900 Pennsylvania A venue, Suite 533 THE ISSUES TO BE HEARD SHALL BE LIMITED TO THIS PROPOSED RULE. Charleston, West Virginia 25302 tegislathte Rule Making JUN 1 9 2013 Secretary Review Committee BRIEF SUMMARY OF PROPOSAL THOROUGHBRED RACING 178 CSR I The proposed amendments to the rule are intended to update, clarify and address problems with the rule so that the West Virginia Racing Commission can effectively regulate thoroughbred racing in this State. In 2011, the Commission completely re-wrote, repealed and replaced the existing Thoroughbred Racing Rule that was effective April6, 2007. In going through the re-write process in 20 II, the Commission recognized that a more frequent examination of its rule is necessary to keep abreast of industry standards and to address issues with the rule that arise from time to time. Accordingly, the Commission proposed amendments for the 2013 rulemaking cycle, that were passed by the Legislature in 2013. The current proposed amendments are a result of efforts undertaken in 2013, with an eye toward the 2014 legislative rule-making cycle, to keep the rule current and responsive to the needs of the industry and the regulation thereof. Several of the proposed amendments are a by-product of the West Virginia Racing Commission's cooperation with other racing regulators in the Mid-Atlantic region to achieve uniform rules with regard to the regulation of medications in racing. Given the significant number of racing starts concentrated in the Mid-Atlantic region and the mobility of horsemen from track to track in different states, uniformity in the region is desirable. In addition, the medication regulations espoused by the regulators in the Mid-Atlantic region are important to the integrity of racing. When the Commission re-wrote the rule in 2011, it appointed a constituent committee to deliberate and recommend changes to the rule. The Commission followed this same practice for these rule amendments. The committee members who engaged in the re-examination process are as follows: The Commission's legal counsel from the Attorney General's Office, Kelli Talbott, Senior Deputy Attorney General, Chair; Danny Wright, Chief Steward for the Commission at Charles Town Racetrack; Steve Kourpas, State Steward for the Commission at Mountaineer Racetrack; Erich Zimny, Director of Racing Operations at Charles Town Racetrack; Rose Mary Williams, Director ofRacing at Mountaineer Racetrack; Maria Catagnani, Executive Director ofthe Charles Town Horsemen's Benevolence and Protective Association (HBPA); Philip Heidenreich, Second Vice President of the Mountaineer HBPA; Dr. Elizabeth Daniel, State Veterinarian at Charles Town Racetrack; and, Dr. Beth Albrecht, D.V.M., State Veterinarian at Mountaineer Racetrack. In May 20 13, the committee's work resulted in a recommendation to the Racing Commission to make amendments to the rule and the proposed amendments were submitted for the Commission's consideration. The Commission voted to adopt the committee's proposed amendments and put the rule out for public comment. Therefore, the rule is now filed for public comment. The highlights of the proposed amendments to the rule are as follows: • The adoption and incorporation into the rule of the "Racing Commissioners International (RCI) Controlled Therapeutic Medication Schedule- Version 1.0." The post-race testing medication thresholds contained in this schedule and the time period prior to race within which the medications may be given are the state of the art science on these medications at the present time. Currently, West Virginia's rule has medication thresholds for seven of the twenty-four medications in RCI's schedule. Adopting RCI 's schedule will establish medication thresholds for the remaining seventeen and administration time periods for all twenty-four. All of the Mid-Atlantic states, including Virginia, Delaware, Maryland, New Jersey, New York, and Pennsylvania, are in the process of adopting this medication schedule into their rules. • The adoption of an amendment that would clarify that the administration guidelines for the medications contained in the afore-mentioned schedule are recommended and that, ultimately, the post-race test result for a horse is the determining factor in the imposition of medication penalties. • The adoption of an amendment to authorize the Commission to require the reporting of the administration of procaine penicillin to a horse. • Updates to Table D of the Rule, the Uniform Classification Guidelines for Foreign Substances published by RCI, to incorporate changes made by RCI after the last enactment of West Virginia's rule. • The adoption of amendments to the rule pertaining to the administration of furosemide (lasix®) to horses on race day. The amendments would require that there be Commission oversight with regard to the administration of this anti-bleeder medication on race day. • The adoption of amendments to the rule to update the list of blood-doping agents that are prohibited on the racetrack to make West Virginia's rule consistent with the current RCI Model Rule. • The adoption of amendments to make the rule internally consistent on the issue of the age at which a permit holder is eligible to obtain a permit on the racetrack. • Amendments to require that the West Virginia Racing Commission's primary testing laboratory for testing of specimens taken from horses and split sample testing laboratories be accredited by the Racing Medication Testing Consortium (RMTC). • An amendment to authorize the stewards and the Racing Commission to discipline a permit holder who makes a bad faith complaint against another permit holder or a racing official. 2 STATEMENT OF CIRCUMSTANCES REQUIRING THE RULE 178 CSR I THOROUGHBRED RACING The proposed amendments to the rule are intended to update, clarify and address problems with the rule so that the West Virginia Racing Commission can effectively regulate thoroughbred racing in this State. In 2011, the Commission completely re-wrote, repealed and replaced the existing Thoroughbred Racing Rule that was effective April 6, 2007. In going through the re-write process in 20 II, the Commission recognized that a more frequent examination of its rule is necessary to keep abreast of industry standards and to address issues with the rule that arise from time to time. Accordingly, the Commission proposed amendments for the 2013 rulemaking cycle, that were passed by the Legislature in 2013. The current proposed amendments are a result of efforts undertaken in 2013, with an eye toward the 2014 legislative rule-making cycle, to keep the rule current and responsive to the needs of the industry and the regulation thereof. Several of the proposed amendments are a by-product of the West Virginia Racing Commission's cooperation with other racing regulators in the Mid-Atlantic region to achieve uniform rules with regard to the regulation of medications in racing. Given the significant number of racing starts concentrated in the Mid-Atlantic region and the mobility of horsemen from track to track in different states, uniformity in the region is desirable. In addition, the medication regulations espoused by the regulators in the Mid-Atlantic region are important to the integrity of racing. The constituents in the horse racing industry support the Racing Commission's decision to improve the rules of thoroughbred racing by updating the rules. To develop the proposed amendments, the Racing Commission appointed a constituent committee to work with its legal counsel from the Attorney General's Office. The proposed amendments are the culmination of the committee's deliberations and represents the committee's and the Racing Commission's vision of what is in the best interest of the thoroughbred racing industry. APPENDlXB FISCAL NOTE FOR PROPOSED RULES 178 CSR 1, Thoroughbred Raclng Rule Title: Type of Rule: CKJ. Legislative c:::J. Interpretive CJ..Procedural Agency: West Virginia Racing Commission Address: 900 Pennsylvania Avenue. Suite 533 Chadesfon West Vjrgjoja 25302 Phone Number: ,(3::0-'4lr..:5:.:5::8_,-2:.:1.=5::.0 _____ Email: jon [email protected] Fiscal Note Summary Summarize in a clear and concise manner what impact this measure will have on costs and revenues of state government. hese rule amendments will have no Impact on the costs and revenues of state government. Fiscal Note Detail Show over-all effect in Item I and 2 and, in Item 3, give an explanation of Breakdown by fiScal year, including long-range effect. FISCAL YEAR Effect of Proposal Current Next Fiscal Year Increase/Decrease Increase/Decrease (Upon Full Implementation) (use"-") (use"-") 1. Estimated Total Cost 0.00 0.00 0.00 Personal Services 0.00 0.00 0.00 Current Expenses 0.00 0.00 0.00 Repairs & Alterations 0.00 0.00 0.00 Assets 0.00 0.00 0.00 Other 0.00 0.00 0.00 2. Estimated Total 0.00 0.00 0.00 Revenues 178 CSR 1, Thoroughbred Racing Rule Title: 178 CSR 1, Thoroughbred Radng Rule Title: 3.

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