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 regulation 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, the data for which is not available in time for compliance with the requirements of section 24-4-103, C.R.S., and the start of the state fiscal year on July 1, 2011; and

WHEREAS, the annual comprehensive fee analysis reveals that the current $63.00 hourly rate will not cover the total direct and indirect costs associated with the investigation into an applicant's background and as of July 1, 2011, the current rate of$63.00 will violate the Commission's regulatory and fiscal mandate; and

WHEREAS, the proposed increase in the hourly investigation fee to $65.00, effective July 1, 2011, will allow the Division to remain in compliance with Commission and State fiscal rules and maintain consistency among applicants during the 2011 fiscal year; and

WHEREAS, the amendments to Rule 3 are necessary to carry out the purposes of the
Colorado Limited Gaming Act, Article 47.1 ofTitle 12, C.R.S.

WHEREAS, the 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
August 15, 2011, pursuant to the provisions of section 24-4-103, C.R.S.; and

WHEREAS, published notice ofthe amendments to Rule 3 was given on May 25,2011 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 July 1, 2011, 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 d:J'ffday of June, 2011.

t 	an, Chairman
Eimited Gaming Control Co

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