Current through Register Vol. 43, No. 39, September 26, 2024
(a) Each recognized
greyhound owners' group for each racetrack facility licensed by the Kansas
racing and gaming commission shall be elected pursuant to
K.S.A.
74-8802(ff), and amendments
thereto.
(b) Each recognized
greyhound owners' group shall be duly recognized by the commission before
assuming any duties concerning the approval of any simulcast schedule proposed
by an organization licensee.
(c)
Only one group for greyhound owners as appropriate for each race meeting shall
be recognized by the commission for the purpose of serving at each racetrack
facility.
(d) Each recognized
greyhound owners' group shall be responsible for performing the following:
(1) Negotiating agreements pertaining to
simulcast license applications;
(2) signing simulcast license applications
pursuant to
K.S.A.
74-8836(d)(2), and
amendments thereto; and
(3)
determining how the purse money will be distributed for horse and greyhound
purses pursuant to
K.S.A.
74-8836(g)(3) and (4), and
amendments thereto.
(e)
Each recognized greyhound owners' group shall consist of five individuals
elected in accordance with this regulation.
(f) Elections for recognized greyhound
owners' groups shall commence on August 1 of each odd-numbered year unless held
sooner according to the provisions of subsection (k) of this regulation.
(g) Except as otherwise provided
in this regulation or by commission order, each member of a greyhound owners'
group shall serve a term of two years, commencing on October 1 of the year in
which the recognized greyhound owners' group is elected, and ending on
September 30 of the next odd-numbered year or until the member's successor has
been duly elected and recognized by the commission after the commission is
presented with a petition in accordance with subsection (k) of this regulation.
(h) To be eligible to vote in the
election process at the racetrack facility where the recognized greyhound
owners' group is to serve, a voter shall have been a licensed greyhound owner
or kennel owner participating as an owner on and after December 1 of the year
before the election and through July 31 of the election year, and shall have
raced at that racetrack facility on and after January 1 and through July 31 of
the election year.
(i) The
procedure for conducting an election of a recognized greyhound owners' group
shall be as follows:
(1) On August 1 of each
odd-numbered year, a notice of elections to be held for a recognized greyhound
owners' group for the racetrack facility in question shall be posted
conspicuously by the commission or its designee, if any, pursuant to
K.S.A.
74-8802(ff), and amendments
thereto. The notice shall be posted throughout each racetrack facility,
including the following:
(A) The racing
office;
(B) the commission
offices; and
(C) any other places
greyhound owners are known to congregate. Notice of elections to be held may
also be published in one or more greyhound parimutuel industry publications at
the commission's direction.
(2) On August 1 of each odd-numbered year,
the notice of elections to be held shall be mailed by the commission or its
designee, if any, pursuant to
K.S.A.
74-8802(ff), and amendments
thereto, by depositing the notice in the United States mail, first-class
postage prepaid, to each eligible voter at the eligible voter's last known
address appearing in the records of the Kansas racing and gaming commission.
(3) Nominating petitions shall be
made available by the commission or its designee, if any, pursuant to
K.S.A.
74-8802(ff), and amendments
thereto, for distribution to any eligible voter upon request in the Kansas
racing and gaming commission office. The nominating petitions shall be in a
form approved by the commission for the purpose of nominating individuals to
stand for election to a recognized greyhound owners' group. The nominating
petitions shall contain a statement signed by the nominee that the nominee
agrees to perform the following:
(A) Serve as
a member of the recognized group for which the nominee is standing for
election;
(B) be reasonably
available to attend meetings of the recognized group for which the nominee is
standing for election;
(C) bargain
in good faith as a member of the recognized group for which the nominee is
standing for election; and
(D)
obtain the signatures of three other eligible voters on the nominating
petition.
(4)
Nominating petitions for election to a recognized greyhound owners' group shall
be returned to the Kansas racing and gaming commission office in Topeka by 12
o'clock noon of the third Friday following the first Monday in August following
the posting of the notice of election required by paragraph (i)(1) of this
regulation.
(5) After the close of
the nominating period prescribed in paragraph (i)(4) of this regulation, the
nominating petitions shall be reviewed by commission staff or its designee, if
any, pursuant to
K.S.A.
74-8802(ff) and amendments
thereto, in accordance with procedures approved by the commission to confirm
the following:
(A) That the signatures on the
nominating petitions appear on the list of eligible voters in the records of
the Kansas racing and gaming commission; and
(B) that the required number of signatures of
eligible voters has been received by each nom-inee.
(6) Once the nominating petitions have been
processed by the commission staff or its designee, if any, pursuant to
K.S.A.
74-8802(ff), and amendments
thereto, a ballot shall be prepared by the commission that shall include the
following:
(A) A list of names of the duly
nominated persons standing for election to the recognized group;
(B) a serial number;
(C) a statement that the voter shall vote for
no more than five nominees;
(D) a
statement that the five nominees receiving the highest number of votes from
those voting in the election shall be elected to serve as the recognized
greyhound owners' group for the racetrack facility at which the election is
being conducted for the term provided in subsection (g) of this regulation;
(E) a statement that if one or
more of the members elected to the recognized greyhound owners' group resigns
or for any other reason fails to complete the term of service as provided in
subsection (g) of this regulation, then the member or members shall be replaced
by the nominee or nominees having received the next highest number of votes
from those voting in the election. The nominee or nominees shall serve out the
remainder of the term for any member or members who failed to complete the
member's or members' term; and
(F)
a statement that proxy voting shall not be permitted.
(7) On or before September 1 of each
odd-numbered year following the preparation of the ballots as prescribed by
paragraph (i)(6) of this regulation the following actions shall be performed by
the commission or its designee, if any, pursuant to
K.S.A.
74-8802(ff) and amendments
thereto:
(A) Conspicuously post copies of the
ballot clearly and indelibly marked "SAMPLE" throughout each racetrack
facility, including the following:
(i) The
racing office;
(ii) the commission
offices; and
(iii) any other
places greyhound owners are known to congregate; and
(B) mail official ballots to each voter who
is eligible to vote, by depositing the ballot in the United States mail,
first-class postage prepaid, to each voter's last known address as shown in the
records of the Kansas racing and gaming commis-sion.
(8) Ballots shall be returned to the Kansas
racing and gaming commission office in Topeka by 12 o'clock noon of the third
Friday following the first Monday in September following the posting of the
sample ballot as required by paragraph (i)(7)(A) of this regulation.
(9) On the Wednesday following the deadline
set out in paragraph (i)(8) above, an open meeting shall be convened by the
commission chairperson, executive director, and general counsel at the
commission offices, and the ballots shall be counted by these individuals.
(10) In the event of a tie in the
number of votes received by one or more nominees, lots shall be cast to settle
the election results.
(11) Ten
days following the counting of the ballots or as soon thereafter as the
commission meeting schedule will permit, a certificate of election shall be
executed by the commission to each of the five nominees receiving the highest
number of votes designating those nominees as duly elected members of a
recognized greyhound owners' group having been elected in accordance with this
regulation.
(j) Within
10 days following the counting of the ballots in any election held pursuant to
this regulation, any commission staff member, nominee, or eligible voter may
file a sworn complaint with the commission concerning the conduct in any
election held pursuant to this regulation. A hearing shall be commenced by the
commission upon the receipt of a complaint in accordance with the Kansas
administrative procedure act,
K.S.A.
77-501 et seq. The filing of a complaint with
the commission concerning the conduct in an election held pursuant to this
regulation shall not impair or inhibit the duly elected recognized group from
functioning, pending resolution of the complaint.
(k) No election for a recognized greyhound
owners' group that is conducted within 24 months of a prior election shall be
recognized by the commission, except upon the filing of a petition with the
commission to conduct a new election signed by at least 30 percent of the
number of eligible voters that actually voted in the preceding election.
(l) Upon receipt of a petition for
a new election signed by the required number of voters set out in subsection
(k) above, an election for a new recognized greyhound owners' group shall be
conducted by the commission as soon as practicable in accordance with this
regulation.
