ARC 1393C

ARC 1393C

RACING AND GAMING COMMISSION[491]

Notice of Intended Action

Twenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)"b."

Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.

Pursuant to the authority of Iowa Code sections 99D.7 and 99F.4, the Racing and Gaming Commission hereby proposes to amend Chapter 1, "Organization and Operation," and Chapter 5, "Track, Gambling Structure, and Excursion Gambling Boat Licensees' Responsibilities," Iowa Administrative Code.

Item 1 modifies term limits for the chairperson.

Item 2 updates the edition of Robert's Rules of Order to the most current.

Item 3 removes the reduced fee for subsequent applications.

Item 4 modifies the catchwords of subrule 1.5(6) for consistency.

Item 5 clarifies the required fee for the manufacturers and distributors license application.

Item 6 adopts new subrules to provide specificity for applications submitted.

Item 7 clarifies required certification for first-aid personnel.

Any person may make written suggestions or comments on the proposed amendments on or before April 22, 2014. Written material should be directed to the Racing and Gaming Commission, 1300 Des Moines Street, Suite 100, Des Moines, Iowa 50309. Persons who wish to convey their views orally should contact the Commission office at (515)281-7352.

Also, there will be a public hearing on April 22, 2014, at 9 a.m.in the office of the Racing and Gaming Commission, 1300 Des Moines Street, Suite 100, Des Moines, Iowa. Persons may present their views at the public hearing either orally or in writing.

After analysis and review of this rule making, no impact on jobs has been found.

These amendments are intended to implement Iowa Code chapters 99D and 99F.

The following amendments are proposed.

Item 1. Amend paragraph 1.2(1)"b" as follows:

b. The racing and gaming commission consists of five members. The membership shall elect a chairperson and vice-chairperson in July of each year. No chairperson shall serve more than two four consecutive one-year full terms.

Item 2. Amend paragraph 1.2(3)"e" as follows:

e. Cases not covered by this rule shall be governed by the 2000 most recent edition of Robert's Rules of Order Newly Revised.

Item 3. Amend subrule 1.5(1) as follows:

1.5(1) Racing, gambling structure, or excursion gambling boat license application. This form shall contain at a minimum the full name of the applicant, all ownership interests, balance sheets and profit-and-loss statements for three fiscal years immediately preceding the application, pending legal action, location and physical plant of the facility, and description of proposed operation. The form may include other information the commission deems necessary to make a decision on the license application. The qualified nonprofit corporation and the boat operator, if different than the qualified nonprofit corporation, shall pay a nonrefundable application fee in the amount of $25,000 to offset the commission's cost for processing the application in the amount of $25,000. The fee shall be $5,000 for each subsequent application involving the same operator and the same qualified sponsoring organization. Additionally, the applicant shall remit an investigative fee of $30,000 to the department of public safety to do background investigations as required by the commission. The department of public safety shall bill the applicant/licensee for additional fees as appropriate and refund any unused portion of the investigative fee within 90 days after the denial or operation begins.

Item 4. Amend subrule 1.5(6) as follows:

1.5(6) Application for season Season approvals. This form shall contain, at a minimum, a listing of the department heads and racing officials, minimum purse, purse supplements for Iowa-breds, grading system (greyhound racing only), schedule and wagering format, equipment, security plan, certification, and any other information the commission deems necessary for approval. This request must be submitted 45 days prior to the meet. Any changes to the items approved by the commission shall be requested in writing by the licensee and subject to the written approval of the administrator or commission representative before the change occurs.

Item 5. Amend subrule 1.5(7) as follows:

1.5(7) Manufacturers and distributors license application. This form shall contain at a minimum the full name of the applicant, all ownership interests, balance sheets and profit-and-loss statements for three fiscal years immediately preceding the application, pending legal action, location and physical plant of the applicant, and description of proposed operation. The form may include other information the administrator deems necessary to make a decision on the license application. A license fee of $1,000 for a distributor's license and a license fee of $250 for a manufacturer's license shall accompany this application. (Refer to 491—Chapter 11 for additional information.)

Item 6. Adopt the following new subrules 1.5(8) and 1.5(9):

1.5(8) Advance deposit wagering license application. This form shall contain at a minimum the full name of the applicant, all ownership interests, balance sheets and profit-and-loss statements for three fiscal years immediately preceding the application, pending legal action, location and physical plant of the applicant, and description of proposed operation. The form may include other information the administrator deems necessary to make a decision on the license application. A license fee of $1,000 shall accompany this application. (Refer to 491—Chapter 8 for additional information.)

1.5(9) Asset/stock purchase form for commission approval. This form shall contain at a minimum the full name of the applicant, all ownership interests, balance sheets and profit-and-loss statements for three fiscal years immediately preceding the application, pending legal action, location and physical plant of the applicant, and description of proposed operation. The form may include other information the administrator deems necessary to make a decision.

Item 7. Rescind subrule 5.4(4) and adopt the following new subrule in lieu thereof:

5.4(4) First-aid room.

a. During all hours of operation, each licensee shall equip and maintain adequate first-aid facilities and have at a minimum, one employee trained in CPR, first aid, and the use of the automated external defibrillator (AED). During live racing at racetracks and while excursion gambling boats are cruising, the licensee shall have present either a physician, a physician assistant, a registered nurse, a licensed practical nurse, a paramedic, or an emergency medical technician.

b. All individuals specified under paragraph 5.4(4)"a" must be currently licensed or certified, including active status, in accordance with the requirements of the Iowa department of public health.

c. Each licensee is required to have a properly functioning and readily accessible AED at the licensee's facility.