Kan. Admin. Regs. § 112-18-22
Current through Register Vol. 43, No. 39, September 26, 2024
Section 112-18-22 - Election and recognition of recognized horsemen's group(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: (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; (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: (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. 77-501et 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. Kan. Admin. Regs. § 112-18-22
Authorized by K.S.A. 1998 Supp. 74-8804; implementing K.S.A. 1998 Supp. 74-8802 and K.S.A. 1998 Supp. 74-8836; effective Nov. 1, 1996; amended Feb. 11, 2000.