Bill Text: AZ SB1192 | 2010 | Forty-ninth Legislature 2nd Regular | Introduced
Bill Title: Gambling; cities and towns [Track Bill]
Status: 2010-01-26 - Referred to Senate JUD Committee [SB1192 Detail]
REFERENCE TITLE: gambling; cities and towns
State of Arizona
Second Regular Session
amending title 5, Arizona Revised Statutes, by adding chapter 6.1; amending section 43‑206, Arizona Revised Statutes; relating to gambling conducted by cities and towns; providing for conditional enactment.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 5, Arizona Revised Statutes, is amended by adding chapter 6.1, to read:
GAMBLING CONDUCTED BY CITIES AND TOWNS
ARTICLE 1. GENERAL PROVISIONS
5-651. Gambling conducted by cities and towns; regulation; forfeiture of urban revenue share
A. A city or town in this state may engage in any form of regulated gambling, as defined in section 13‑3301, that is allowed under the laws of this state. Regulated gambling activities conducted by a city or town shall be conducted in accordance with the statutes, rules or orders governing that type of gambling activity.
B. A city or town may conduct a horse racing meeting or a dog racing meeting pursuant to chapter 1 of this title. The Arizona racing commission shall adopt rules to carry out the purposes of this subsection.
C. A city or town may conduct boxing contests, tough man contests or nontraditional fighting contests pursuant to chapter 2 of this title. The Arizona state boxing commission shall adopt rules to carry out the purposes of this subsection.
D. A city or town may conduct games of bingo pursuant to chapter 4 of this title. The department of revenue shall adopt rules to carry out the purposes of this subsection.
E. A city or town may engage in any of the gambling activities that are allowed on Indian reservations pursuant to chapter 6 of this title, except that a city or town is not required to enter a tribal‑state gaming compact pursuant to section 5‑601.02. The department of gaming shall adopt rules to carry out the purposes of this subsection.
Sec. 2. Section 43-206, Arizona Revised Statutes, is amended to read:
43-206. Urban revenue sharing fund; allocation; distribution
A. There is established an urban revenue sharing fund. The fund shall consist of an amount equal to fifteen per cent of the net proceeds of the state income taxes for the fiscal year two years preceding the current fiscal year. The fund shall be distributed to incorporated cities and towns as provided in this section, except that a city or town shall receive at least an amount equal to what a city or town with a population of fifteen hundred or more persons would receive. The transfer of net proceeds prescribed by section 49‑282, subsection B does not affect the calculation of net proceeds prescribed by this subsection.
B. Unless the city or town engages in regulated gambling pursuant to section 5‑651, each city or town shall share in the urban revenue sharing fund in the proportion that the population of each bears to the population of all. If a city or town engages in regulated gambling, the distribution that that city or town would otherwise receive from the urban revenue sharing fund shall remain in the urban revenue sharing fund and shall be redistributed to the other cities and towns that are entitled to share in the urban revenue sharing fund. Except as provided by sections 42‑5033 and 42‑5033.01, the population of a city or town as determined by the most recent United States decennial census plus any revisions to the decennial census certified by the United States bureau of the census shall be used as the basis for apportioning monies pursuant to this subsection.
C. The treasurer, upon on instruction from the department, shall transmit, no later than the tenth day of each month, to each city or town an amount equal to one‑twelfth of that city's or town's total entitlement for the current fiscal year from the urban revenue sharing fund as determined by the department.
D. A newly incorporated city or town shall share in the urban revenue sharing fund beginning the first month of the first full fiscal year following incorporation.
E. On receipt of a certificate of default from the greater Arizona development authority pursuant to section 41‑1554.06 or 41‑1554.07, the state treasurer, to the extent not otherwise expressly prohibited by law, shall withhold from the next succeeding distribution of monies pursuant to this section due to the city or town the amount specified in the certificate of default and immediately deposit the amount withheld in the greater Arizona development authority revolving fund. The state treasurer shall continue to withhold and deposit the monies until the authority certifies to the state treasurer that the default has been cured. In no event shall the state treasurer withhold any amount that is necessary, as certified by the defaulting political subdivision to the state treasurer and the authority, to make any required deposits then due for the payment of principal and interest on bonds of the political subdivision that were issued prior to the date of the loan repayment agreement or bonds and that have been secured by a pledge of distributions made pursuant to this section.
Sec. 3. Conditional enactment; notice; definitions
A. This act does not become effective unless an Indian tribe offers class III gaming outside the formal boundaries of that Indian tribe's actual Indian reservation on or before July 1, 20__.
B. The department of gaming shall notify in writing the director of the Arizona legislative council of the date on which the condition is met or if the condition is not met.
C. For the purposes of this section:
1. "Class III gaming" means class III as defined in the Indian gaming regulatory act of 1988 (P.L. 100-497; 102 Stat. 2467; 25 United States Code sections 2701 through 2721) and 18 United States Code sections 1166 through 1168).
2. "Indian reservation" means the lands that are within the limits of areas set aside by the United States for the exclusive use and occupancy of that Indian tribe by treaty, law or executive order and that are currently recognized as an Indian reservation by the United States department of the interior.