Amendment drafted by: Leg Council
FLOOR AMENDMENT EXPLANATION
Establishes the Arizona Gaming Commission
Amendment drafted by: Leg Council
FLOOR AMENDMENT EXPLANATION
Establishes the Arizona Gaming Commission
First Regular Session S.B. 1797
GONZALES FLOOR AMENDMENT #5
SENATE AMENDMENTS TO S.B. 1797
(Reference to printed bill)
Page 7, strike line 21, insert:
"4. "commission" means the arizona gaming commission.
5. "director" means the executive director of the commission."
Renumber to conform
Page 21, lines 1, 3 and 6, strike "department" insert "c0mmission"
Line 7, strike "department's" insert "commission's"; after the period insert "The commission may spend an additional two percent of monies annually on support and enforcement of problem gambling procedures established pursuant to section 5-1320"
Line 8, strike "department" insert "commission"
Strike line 32, insert:
"2. "commission" means the arizona gaming commission.
3. "director" means the executive director of the commission."
Renumber to conform
Page 24, between lines 2 and 3, insert:
"5-1301.01. Arizona gaming commission; membership; appointment; terms; qualifications; executive director; powers and duties; definitions
A. the arizona gaming commission is established consisting of the following members:
1. one member with at least five years' experience in law enforcement.
2. one member with at least five years' experience as a certified public accountant.
3. one member with at least five years' experience in tribal gaming operations.
4. one member with at least five years' experience as a gaming regulator.
5. one member with at least five years' experience in mental health care and the treatment of gaming addiction issues.
6. one member who is an enrolled member of a federally recognized tribe in arizona.
7. one member who is a member of the public at large.
b. four members shall be appointed for a term of five years. three members shall be appointed for a term of three years. the terms of the members expire on the third monday in january in the appropriate year. The members shall be appointed as follows:
1. the speaker of the house of representatives shall appoint one member to a five-year term.
2. the minority leader of the house of representatives shall appoint one member to a three-year term.
3. the president of the senate shall appoint one member to a five-year term and one member to a three-year term.
4. the minority leader of the senate shall appoint one member to a five-year term and one member to a three-year term.
5. the members of the commission, by a simple majority vote, shall appoint one member to serve as chairperson of the commission. the chairperson shall serve a one-year term and may not serve consecutive terms. the chairperson shall be a member of the same p0litical party for at least five years before the appointment as chairperson.
c. not more than three members shall be from the same political party. a majority of the commission members constitute a quorum.
d. A person may not be appointed to the commission unless the person has been a resident of this state and a qualified elector for at least five years before the person's appointment.
e. The members of the commission, by a simple majority vote, shall appoint an executive director of the commission to serve a two-year term. The executive director may not serve as a member of the commission. The executive director is eligible to receive compensation as determined pursuant to section 38-611 and may hire and fire necessary staff subject to title 41, chapter 4, article 4 and as approved by the legislature in the budget. the executive director shall:
1. Assist the commission in providing supervision over the commission, fantasy sports contests and event wagering pursuant to this chapter and chapter 10 of this title.
2. be qualified to administer fantasy sports contests and event wagering.
3. serve in a full-time capacity and may not engage in any outside profession or occupation.
f. before entering on the discharge of the appointee's duties, each member shall take the official oath.
g. a person who has a financial interest, either directly or indirectly, in a sports team, a sports franchise, the sporting INDUSTRY, an athletic event, a management company, a management services provider, an e-sport, event wagering or a fantasy sports contest or other event is not qualified for membership on the commission, appointment to the commission or as executive director or employment by the commission. members of the commission and the executive director may not:
1. have a pecuniary interest in any contract or agreement to which the commission is a party.
2. enter into any business dealing, venture, contract or accept employment with a person, business, applicant, fantasy sports contest operator, licensee, management company, management services provider, event wagering operator, limited event wagering operator, event wagering facility or sports facility that is involved in fantasy sport contests or event wagering.
h. a relative of a member to the first degree of consanguinity may not have a financial interest in or employment with a person, business, applicant, fantasy sports contest operator, licensee, management company, management services provider, event wagering operator, limited event wagering operator, event wagering facility or sports facility that is involved in fantasy sport contests or event wagering.
i. any member of the commission may be removed from office by a vote of a simple majority of the members of the commission for cause on notice and opportunity to be heard at a public hearing. A vacancy in the membership of the commission shall be filled in the same manner in which the original appointment was made within thirty days after the date the vacancy occurs.
j. members of the commission are eligible to receive compensation pursuant to section 38-611 for each day spent in the discharge of their duties and reimbursement for all expenses necessarily and properly incurred in attending a meeting of or for the commission, including mileage expenses.
k. the commission shall hold at least one meeting each month for the first year and at least one meeting each quarter each year thereafter.
l. the executive director shall make a monthly report to the commission, the governor, the speaker of the house of representatives and the president of the senate and shall provide a copy to the secretary of state. the monthly report shall include fantasy sports contest and event wagering revenue, disbursements and other expenses for the preceding month. the executive director shall make an annual report to the commission, the governor, the speaker of the house of representatives and the president of the senate and shall provide a copy to the secretary of state. the annual report shall include a full and complete statement of fantasy sports contest and event wagering revenues, disbursements and other expenses for the preceding year and recommendations that the commission deems necessary and advisable. The commission shall hire a certified public accountant to perform an annual audit of all accounts and transactions of the commission.
M. On request of the commission, an agency of this state or a political subdivision of this state shall provide the commission with its services, equipment, documents, personnel and facilities to the extent possible without cost to the committee.
n. the commission shall:
1. supervise and administer the operation of fantasy sports contests and event wagering under this chapter and chapter 10 of this title.
2. prepare and adopt rules regarding the operation of fantasy sports contests and event wagering under this chapter and chapter 10 of this title.
3. enforce this chapter and chapter 10 of this title and the rules adopted under those chapters.
4. exercise supervision over the department of gaming and the director of the department of gaming. the commission may approve or reject decisions of the director of the department of gaming in accordance with rules established by the commission.
5. Exercise supervision over all class III gaming.
O. For the purposes of this section, "athletic event", "fantasy sports contest", "Fantasy sports contest operator" and "management company" have the same meanings prescribed in section 5-1201."
Page 39, lines 34 and 41, strike "department" insert "c0mmission"
Page 40, lines 3, 4, 8 and 11, strike "department" insert "c0mmission"
Line 12, strike "department's" insert "commission's"; after the comma insert "and an additional two percent of monies annually on support and enforcement of problem gambling procedures established pursuant to section 5-1320"
Page 45, between lines 31 and 32, insert:
"Sec. 7. Arizona gaming commission; executive director; initial appointment
The governor shall appoint the initial executive director of the Arizona gaming commission established pursuant to section 5-1301.01, Arizona Revised Statutes, as added by this act. Thereafter the commission shall appoint the executive director of the commission pursuant to section 5-1301.01, subsection E, Arizona Revised Statutes, as added by this act."
Renumber to conform
Lines 33 and 36, strike "department of gaming" insert "Arizona gaming commission"
Amend title to conform