RESOLUTION CONCERNING EMERGENCY AMENDMENT TO RULE 3

	WHEREAS, Section 9 of Article XVIII of the Colorado Constitution requires the Colorado Limited Gaming Control Commission (“Commission”) to promulgate all necessary rules and regulations relating to the licensing and taxation of limited gaming; and	

WHEREAS, pursuant to Rule 3, Regulation 47.1-305, the Commission is required to impose and collect an investigation fee, paid by all applicants for initial licensure, to recover the direct and indirect costs associated with the investigation into the applicant’s background; and

WHEREAS, pursuant to section 12-47.1-302, C.R.S., and the regulations promulgated thereunder, the Colorado Division of Gaming (“Gaming”) performs an annual comprehensive fee analysis that revealed that the current $59.00 rate will not cover the total direct and indirect costs associated with the investigation into an applicant’s background and as of July 1, 2006, the current rate of $59.00 will violate the Commission’s regulatory mandate; and
 
WHEREAS, the Commission adopted an increase in the hourly investigation fee to $63.00, effective July 1, 2006, allowing the Division to remain in compliance with Commission and State fiscal rules and maintain consistency among applicants during the 2007 fiscal year; and 

WHEREAS, due to an error in filing the rule with the Office of Legislative Legal Services, such rule is deemed void pursuant to section 24-4-103, C.R.S., and 

WHEREAS, the re-adoption of emergency amendments to Rule 3 is imperatively necessary to ensure adequate resources are available for the thorough and timely investigation of new licensees and to perform the necessary criminal and financial investigations as required by the Colorado Limited Gaming Act, and compliance with the requirements of section 24-4-103, C.R.S., would be contrary to public interest; and 

WHEREAS, a permanent change in the regulations could be achieved no sooner than March 5, 2006, given the process for notice and promulgation of the rule change pursuant to the provisions of section 24-4-103, C.R.S.; and 

WHEREAS, published notice of the amendments to Rule 3 was given on May 10, 2006 and no negative testimony was received at the public rule-making hearing in June 2006, and the amendments were re-noticed on December 10, 2006 and will be subject to a public rule-making hearing in January 2007 pursuant to section 24-4-103(6), C.R.S. 

NOW, THEREFORE, IT IS HEREBY RESOLVED by the Colorado Limited Gaming Control Commission, based on the facts recited above, as follows:

The immediate adoption of the amendments to Rule 3, Regulation 47.1-305 as an emergency rule effective this date, is imperatively necessary to comply with state law and fiscal policy and for the preservation of the public health safety and welfare by ensuring adequate resources are available for the thorough and timely criminal and financial investigation of new licensees as required by the Colorado Limited Gaming Act, and the delay resulting from strict compliance with the requirements of section 24-4-103, C.R.S., would be contrary to the public interest.

Resolved this _____ day of December, 2006.

					______________________________________
					James Alderden, Chairman
			Colorado Limited Gaming Control Commission