House Engrossed Senate Bill

 

 

 

State of Arizona

Senate

Forty-fourth Legislature

Second Regular Session

2000

 

 

 

CHAPTER 305

 

SENATE BILL 1090

 

 

AN ACT

 

amending sections 5-601, 5-602 and 13-3306, Arizona Revised Statutes; repealing section 41-3000.26, arizona revised statutes; amending title 41, chapter 27, article 2, arizona revised statutes, by adding section 41‑3010.01; relating to the arizona department of gaming.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 



Be it enacted by the Legislature of the State of Arizona:

Section 1.  Section 5-601, Arizona Revised Statutes, is amended to read:

5-6015-601.  Gambling on Indian reservations; tribal-state compacts

A.  Notwithstanding any other law, this state, through the governor, may enter into negotiations and execute tribal-state compacts with Indian tribes in this state pursuant to the Indian gaming regulatory act of 1988 (25 United States Code sections 2701 through 2721 and 18 United States Code sections 1166 through 1168).  Notwithstanding the authority granted to the governor by this subsection, this state specifically reserves all of its rights, as attributes of its inherent sovereignty, recognized by the tenth and eleventh amendments to the United States Constitution.  The governor shall not execute a tribal-state compact which waives, abrogates or diminishes these rights.

B.  The governor shall not concur in any determination by the United States secretary of the interior that would permit gaming on lands acquired after October 17, 1988 pursuant to 25 United States Code section 2719.

C.  The department of gaming is authorized to carry out the duties and responsibilities of the state gaming agency in compacts executed by the state and Indian tribes of this state pursuant to the Indian gaming regulatory act.   D.  In carrying out its duties under tribal-state gaming compacts, the department of gaming is exempt from the rule making requirements of title 41, chapter 6.

E.  Indian tribes of this state which THAT have executed compacts with the state shall pay to the department of gaming their share of the regulatory costs necessary to carry out the duties required by any executed tribal-state compact authorized by the Indian gaming regulatory act.  The department of gaming shall collect from each of the tribes that have executed a compact with the state their share of the costs incurred by the department pursuant to this chapter.  The dates and methods of payment shall be as specified in the tribal-state compacts.

F.  A permanent tribal-state compact fund is established in the state treasury consisting of monies received pursuant to subsection E of this section and other monies received pursuant to this chapter.  The department of gaming shall administer the fund.  The director of the department of gaming shall make an annual report to the governor, the president of the senate, the speaker of the house of representatives and each tribe which has executed a compact with the state disclosing in detail the activities of the department of gaming pursuant to this chapter including a full and complete statement of revenues deposited in and expenditures from the permanent tribal-state compact fund.  Monies paid by the tribes shall only be used for reimbursement of administrative and regulatory expenses incurred by the department pursuant to this chapter.

G.  Monies received by the department of gaming and deposited in the permanent tribal-state compact fund pursuant to this chapter on or before June 30, 1993 are appropriated to the department of gaming for the purposes of carrying out the duties of the director of the department of gaming under this section.  Monies deposited in the permanent tribal-state compact fund after June 30, 1993 are subject to legislative appropriation.

H.  All monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.

I.  Any tribal-state gaming compact that is executed, modified, extended or renewed pursuant to this section shall include provisions that do all of the following:

1.  Establish guidelines on automated teller machine use and on the use of credit cards or other forms of credit in gaming facilities.

2.  Require the Indian tribe to post at all public entrances and exits to the gaming facilities signs that state that help is available if a person has a problem with gambling and the statewide toll free crisis hotline telephone number, established by the Arizona state lottery commission.

3.  Prohibit gaming facility advertising and marketing that specifically appeal to minors.  The provisions shall include guidelines for determining acceptable advertising and marketing.

4.  Establish guidelines for the effective treatment and prevention of problem and pathological gambling.

5.  Establish guidelines for voluntary ban proCedures from all gaming facilities in the state, including but not limited to prohibiting the use of check cashing services, Automatic teller machines, credit cards or other forms of credit offered at a gaming facility.  A third person may not request a ban on behalf of another person.

5-601

Sec. 2.  Section 5-602, Arizona Revised Statutes, is amended to read:

5-6025-602.  Gaming certification and enforcement; powers; duties; deputy director

A.  The department of gaming may SHALL certify persons engaging in activities associated with tribal gaming as provided in tribal-state compacts executed by the governor pursuant to this chapter, As provided in tribal‑state compacts, prospective gaming employees, management contractors, providers of gaming services and manufacturers and distributors oF gaming devices to ensure that unsuitable individuals or companies are not involved in Indian gaming permitted under the tribal-state compacts.

B.  The department of gaming shall execute the duties of this state under the tribal-state compacts in a Manner that is consistent with this state's desire to have extensive, thorough and fair regulation of Indian gaming permitted under the tribal-state compacts.

B.  C.  The department of gaming shall establish a certification and enforcement unit charged with the investigative duties relevant to tribal-state compacts, including applications for certification, investigations and enforcement, and such other duties as the director of the department of gaming prescribes.

C.  D.  To determine the suitability of prospective applicants for any tribal gaming license or state certification, each applicant shall be required to furnish a full set of fingerprints and such fingerprints shall be submitted to the department of public safety for a criminal history records check.  Each applicant's fingerprints shall also be submitted by the department of public safety to the federal bureau of investigation for a national criminal history records check.  The department of gaming is authorized to receive criminal history records information from the department of public safety and from the federal bureau of investigation for the purpose of evaluating the fitness of applicants for any tribal gaming license, state certification or renewal.

D.  E.  The department of gaming may employ the services of the office of administrative hearings to conduct hearings pursuant to title 41, chapter 6, article 10 on matters requested to be heard by the director of the department of gaming.  Any party WHO IS aggrieved by an order or decision of the director of the department of gaming may appeal to the superior court as provided in pursuant TO title 41, chapter 6, article 10.

E.  F.  The director of the department of gaming may issue subpoenas for the attendance of witnesses and the production of books, records and documents necessary for the enforcement of this article and the tribal-state compacts.  These subpoenas shall be served and enforced in a manner consistent with title 41, chapter 6, article 10.

F.  G.  The director of the department of gaming may establish the position of deputy director of the department of gaming.  The deputy director of the department of gaming position is exempt from the provisions of title 41, chapter 4, articles 5 and 6.  Persons holding the position of deputy director of the department of gaming are eligible to receive compensation pursuant to section 38-611.

G.  H.  The director of the department of gaming may enter into a contract or agreement with any public agency for any joint and cooperative action as provided in title 11, chapter 7, article 3.

I.  The department of gaming may investigate violations of section 13‑3306 that occur on nonindian lands in this state and may cooperate with appropriate law enforcement authorities and prosecutorial agencies in the investigation and prosecution of these violations.5-602

Sec. 3.  Section 13-3306, Arizona Revised Statutes, is amended to read:

13-330613-3306.  Possession of a gambling device; classification

A.  A person commits possession of a gambling device if he the person knowingly possesses, DISTRIBUTES OR TRANSPORTS any implement, machine, paraphernalia, equipment or other thing which that the person knows or has reason to know is used or intended to be used in violation of this chapter.

B.  A person commits possession of a bingo gambling device if he the person knowingly possesses any implement, machine, paraphernalia, equipment or other thing which that the person knows or has reason to know is used or intended to be used for gambling other than amusement, social or regulated gambling in violation of this chapter.

C.  Possession of a bingo gambling device shall not be the basis for a violation of section 13-3303, 13-3304 or 13-3307.

D.  Possession of a bingo gambling device is a class 2 misdemeanor. Possession of any other gambling device is a class 1 misdemeanor.

E.  Nothing in this section prohibits:

1.  The use of gambling devices by nonprofit or charitable organizations pursuant to section 13-3302, subsection B.

2.  Possession, distribution or transportation oF gambling devices for purposes not prohibited by this chapter. 13-3306

Sec. 4.  Repeal

Section 41-3000.26, Arizona Revised Statutes, is repealed.

Sec. 5.  Title 41, chapter 27, article 2, Arizona Revised Statutes, is amended by adding section 41-3010.01, to read:

41-3010.0141-3010.01.  Arizona department of gaming; termination July 1, 2010

A.  the arizona department of gaming terminates on july 1, 2010.

b.  title 5, chapter 6 is repealed on january 1, 2011.41-3010.01

Sec. 6.  Purpose

Pursuant to section 41-2955, subsection B, Arizona Revised Statutes, the legislature continues the Arizona department of gaming to carry out the responsibilities of the state gaming agency in compacts executed by the state and Indian tribes of this state pursuant to the Indian gaming regulatory act of 1988 (25 United States Code sections 2701 through 2721 and 18 United States Code sections 1166 through 1168).

Sec. 7.  Retroactivity

Sections 4 and 5 of this act are effective retroactively to July 1, 2000.


 

 

 

 

 

 

APPROVED BY THE GOVERNOR APRIL 19, 2000.

 

FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 19, 2000.