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ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
ENACTED
FACT SHEET FOR H.B. 2012/S.B. 1239
unauthorized racing meetings; penalties; racketeering
Purpose
Classifies, as a class 6 felony, knowingly holding an unauthorized racing meeting. Expands the definition of racketeering to include an act involving holding an unauthorized racing meeting.
Background
The Division of Racing within the Department of Gaming regulates and supervises pari-mutuel horse racing and wagering in Arizona, including the issuance of racing permits (A.R.S. Title 5, Chapter 1). A person, association or corporation may not hold a racing meeting without having a permit in full force and effect (A.R.S. § 5-101). A person who holds or conducts a racing meeting in violation of horse racing regulations, including the requirement to obtain a permit, is guilty of a class 2 misdemeanor which has a maximum imprisonment term of four months (A.R.S. §§ 5-115 and 13-707).
The Arizona Criminal Code outlines civil remedies and superior court jurisdiction to prevent, restrain and remedy racketeering by issuing appropriate orders. Racketeering is an act that is chargeable or indictable under state or federal law if the act is punishable by imprisonment for over a year and involves either: 1) terrorism, animal terrorism or ecological terrorism that results in a risk of serious injury or death; or 2) outlined acts committed for financial gain (A.R.S. Title 13, Chapter 23).
A person commits illegal control of an enterprise if the person acquires or maintains control of an enterprise through racketeering or its proceeds. A person commits illegally conducting an enterprise if a person employed by or associated with the enterprise conducts the enterprise's affairs through racketeering or participates in the conduct of an enterprise that the person knows is being conducted through racketeering. Knowingly committing illegal control of an enterprise or illegally conducting an enterprise is a class 3 felony (A.R.S. § 13-2312).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Deems, as guilty of a class 6 felony, a person, association or corporation that knowingly holds an unauthorized racing meeting.
2. Includes, in the definition of racketeering, an act that involves holding an unauthorized racing meeting for financial gain.
3. Defines unauthorized racing meeting as a racing meeting conducted outside the bounds of a permit.
4. Makes technical and conforming changes.
5. Becomes effective on the general effective date.
House Action Senate Action
JUD 1/27/21 DP 6-4-0-0 COM 1/27/21 DP 9-0-0
3rd Read 2/4/21 32-27-0-0-1 3rd Read 2/9/21 20-9-1
(H.B. 2012 was substituted for S.B. 1239 on
3rd Read)
Signed by the Governor 2/12/21
Chapter 6
Prepared by Senate Research
March 12, 2021
LB/gs