Problem gambling; test sample; Iowa-foaled horse allowance, 5.4(12), 10.1, 10.2(7), 10.4(5)“g,” 10.5(1)“a,” 10.7
RACING AND GAMING COMMISSION
Adopted and Filed
Rule making related to problem gambling, test samples, and Iowa-foaled horse allowance
The Racing and Gaming Commission hereby amends Chapter 5, "Track, Gambling Structure, and Excursion Gambling Boat Licensees' Responsibilities," and Chapter 10, "Thoroughbred and Quarter Horse Racing," Iowa Administrative Code.
Legal Authority for Rule Making
This rule making is adopted under the authority provided in Iowa Code sections 99D.7 and 99F.4.
State or Federal Law Implemented
This rule making implements, in whole or in part, Iowa Code chapters 99D and 99F.
Purpose and Summary
The amendments implement legislation passed in 2018.
Item 1 implements 2018 Iowa Acts, House File 2349, which amends Iowa Code sections 99D.7(23) and 99F.4(22) with regard to persons voluntarily excluded from gambling facilities.
Items 2 and 3 and 5 through 7 implement 2018 Iowa Acts, House File 2439, which amends Iowa Code sections 99D.23(1) and 99D.23(2) to add "hair" as an allowable sample for testing purposes.
Item 4 implements 2018 Iowa Acts, House File 2439, which amends Iowa Code section 99D.22(1)"a" with regard to Iowa-foaled horses.
Public Comment and Changes to Rule Making
Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on August 1, 2018, as ARC 3926C. A public hearing was held on August 21, 2018, at 9 a.m. at the Commission Office, Suite 100, 1300 Des Moines Street, Des Moines, Iowa. No one attended the public hearing. No public comments were received. One change from the Notice has been made. In Item 4, the name of a department was corrected.
Adoption of Rule Making
This rule making was adopted by the Commission on October 4, 2018.
This rule making has no fiscal impact to the State of Iowa.
After analysis and review of this rule making, no impact on jobs has been found.
Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Commission for a waiver of the discretionary provisions, if any.
Review by Administrative Rules Review Committee
The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee's meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).
This rule making will become effective on January 23, 2019.
The following rule-making actions are adopted:
Item 1. Amend subrule 5.4(12) as follows:
5.4(12) Problem gambling.
a. The holder of a license to operate gambling games and the holder of a license to accept simulcast wagering shall adopt and implement policies and procedures designed to:
(1)Identify problem gamblers; and
(2)Comply with the process established by the commission to allow a person to be voluntarily excluded from the gaming floor of an excursion gambling boat, from the wagering area as defined in Iowa Code section 99D.2, and from the gaming floor of all other licensed facilities or gambling activities regulated under Iowa Code chapters 99D and 99F; and
(2) (3)Allow persons to be voluntarily excluded for five years or life from all facilities on a form prescribed by the commission. Each facility will disseminate information regarding the exclusion to all other facilities licensees and the commission.
b. and c. No change.
d. Money forfeited by a voluntarily excluded person pursuant to Iowa Code sections 99D.7(23) and 99F.4(22) shall be withheld by the licensee and remitted to the general fund of the state by the licensee.
Item 2. Amend rule 491—10.1(99D), definition of "Test sample," as follows:
"Test sample" means any bodily substance including, but not limited to, blood, or urine, or hair taken from a horse under the supervision of the commission veterinarian and as prescribed by the commission for the purpose of analysis.
Item 3. Amend subrule 10.2(7) as follows:
10.2(7) Detention enclosure. Each facility shall maintain a detention enclosure for use by the commission for securing samples of urine, saliva, blood, hair, or other bodily substances or tissues for chemical analysis from horses who that have run in a race. The enclosure shall include a wash rack, commission veterinarian office, a walking ring, at least four stalls, workroom for the sample collectors with hot and cold running water, and glass observation windows for viewing of the horses from the office and workroom. An owner, trainer, or designated representative licensed by the commission shall be with a horse in the detention barn at all times.
Item 4. Adopt the following new subparagraph 10.4(5)"g"(5):
(5)Iowa-foaled horse allowance. Iowa-foaled horses that are properly registered and whose papers are stamped by the Iowa department of agriculture and land stewardship shall be allowed an additional three pounds beyond the stated conditions of the race if the race is not limited to Iowa-foaled horses. This allowance does not apply to stakes races.
Item 5. Amend subparagraph 10.5(1)"a"(27) as follows:
(27)Witnessing the collection of a urine, or blood, or hair sample from the horse in the trainer's charge or delegating a licensed employee or the owner of the horse to do so.
Item 6. Amend paragraph 10.7(1)"c" as follows:
c. Proof of detection by the commission chemist of the presence of a medication, drug, foreign substance, or metabolic derivative thereof, prohibited by paragraph "a" 10.7(1)"a" or "b," in a saliva, urine, or blood , or hair sample duly taken under the supervision of the commission veterinarian from a horse immediately prior to or promptly after running in a race shall be prima facie evidence that the horse was administered, with the intent that it would carry or that it did carry in its body while running in a race, a prohibited medication, drug, or foreign substance in violation of this rule.
Item 7. Amend paragraph 10.7(2)"a" as follows:
a. Under the supervision of the commission veterinarian, urine, blood, hair, and other specimens shall be taken and tested from any horse that the stewards, commission veterinarian, or the commission's representatives may designate. The samples shall be collected by the commission veterinarian or other person or persons the commission may designate. Each sample shall be marked or numbered and bear information essential to its proper analysis; but the identity of the horse from which the sample was taken or the identity of its owners or trainer shall not be revealed to the official chemist or the staff of the chemist. The container of each sample shall be sealed as soon as the sample is placed therein.
[Filed 11/30/18, effective 1/23/19]
Editor's Note: For replacement pages for IAC, see IAC Supplement 12/19/18.