Current through Register Vol. 43, No. 39, September 26, 2024
(a) Each recognized
horsemen's group for each racetrack facility licensed by the Kansas racing and
gaming commission shall be elected pursuant to
K.S.A.
74-8802(gg) and amendments
thereto.
(b) Each recognized
horsemen's 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 horsemen as appropriate for each race meeting shall be recognized
by the commission for the purpose of serving at each racetrack facility.
(d) Each recognized horsemen's
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 shall be distributed for horse and greyhound
purses pursuant to
K.S.A.
74-8836(g)(3) and (4) and
amendments thereto.
(e)
Each recognized horsemen's group shall consist of five individuals elected in
accordance with this regulation.
(f) Elections for recognized horsemen's
groups shall commence on August 1 of each even-numbered year unless held sooner
pursuant 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 recognized horsemen's group
shall serve a term of two years, commencing on October 1 of the year in which
the recognized horsemen's group is elected, and ending on September 30 of the
next even-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 horsemen's group is to
serve, a voter shall have been licensed as a horse owner or trainer and have
raced at that racetrack facility during the year preceding the election year.
(i) The procedure for conducting
an election of a recognized horsemen's group shall be as follows:
(1) On August 1 of each even-numbered year, a
notice of elections to be held for a recognized horsemen's 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(gg), 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
horsemen are known to congregate. Notice of elections to be held may also be
published in one or more horse parimutuel industry publications at the
commission's discre-tion.
(2) On August 1 of each even-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(gg), 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(gg), 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 horsemen's 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
signature of 10 other eligible voters on the nominating petition.
(4) Nominating petitions for
election to a recognized horsemen's 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 the commission staff or its designee, if any, pursuant to
K.S.A.
74-8802(gg), 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 nominee.
(6) Once the nominating petitions have been
processed by the commission staff or its designee, if any, pursuant to
K.S.A.
74-8802(gg), and amendments
thereto, a ballot shall be prepared by the commission, which 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
horsemen's 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 horsemen's 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 of 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) The commission or its designee, if any,
pursuant to
K.S.A.
74-8802(gg), and amendments
thereto, shall perform the following on or before September 1 of each
even-numbered year following the preparation of the ballots as prescribed by
paragraph (i)(6) of this regulation:
(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 horsemen are known to
congregate; and
(B)
mail official ballots to each voter who is eligible to vote, by depositing the
ballots 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, the
commission chairman, executive director, and general counsel shall convene an
open meeting at the commission offices and count the ballots.
(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
horsemen's 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
horsemen's 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 horsemen's group shall be conducted
by the commission as soon as practicable in accordance with this regulation.
