ARIZONA HOUSE OF REPRESENTATIVES
Forty-ninth Legislature - First Regular Session
MAJORITY CAUCUS CALENDAR
May 11, 2009
Upon Recess/Adjournment of Floor
* Pending Rules Action
Bill Number Short Title Committee Date Action
Committee on Commerce
Analyst: Dianna Clay O’Dell Assistant: Brooke Olguin Intern: Maureen Howell
HB 2611* motion picture tax incentives
SPONSOR: WEIERS J COM 3/4 DP (4-2-0-2-0)
Committee on Government
Analyst: Michelle Hindman Assistant: Zach Tretton Intern: Laurel Johnson
HB 2570 fire districts; boundaries; merger; consolidation
SPONSOR: PRATT GOV 3/3 DPA (8-0-0-1-0)
Committee on Judiciary
Analyst: Kristine Stoddard Intern: Robert Stout
HB 2172 charity game ticket games.
SPONSOR: ANTENORI JUD 3/5 DPA (6-1-0-1-0)
HB 2125 permissible raffles; clubs
SPONSOR: LESKO JUD 2/12 DP (7-1-0-0-0)
HB 2532 prohibited possessors; persistently, acutely disabled
SPONSOR: ASH JUD 3/5 DPA (8-0-0-0-0)
HB 2313* process servers; criminal liability
(JUD S/E: process servers; rights)
SPONSOR: DRIGGS JUD 3/5 DPA/SE (8-0-0-0-0)
HB 2551* criminal damage; classification
SPONSOR: TOVAR JUD 2/26 DP (8-0-0-0-0)
Committee on Military Affairs and Public Safety
Analyst: Thomas Adkins Intern: Scott Handler
HCM 2009 opposing federal firearms legislation
SPONSOR: BURGES MAPS 4/29 DP (5-0-0-3-0)
HB 2449* mandatory fingerprinting; central state repository
(JUD S/E: fingerprinting; arrest; procedures)
SPONSOR: WEIERS JP MAPS 2/25 DPA/SE (5-2-0-1-0)
JUD 3/5 DPA/SE (8-0-0-0-0)
Committee on Transportation and Infrastructure
Analyst: Ingrid Garvey Intern: Laureen Stadle
HB 2392 technical correction; vehicles and loads
(TI S/E: vehicles and loads)
SPONSOR: BIGGS TI 3/5 DPA/SE (8-0-0-0-0)
Committee on Ways and Means
Analyst: Kitty Decker Intern: Matt Stone
HB 2312 small special districts; financial review
SPONSOR: DRIGGS WM 2/9 DP (5-0-0-3-0)
HB 2378 construction contracting; cities; rates
SPONSOR: MURPHY WM 2/16 DP (6-1-0-1-0)
GOV 2/24 DPA (9-0-0-0-0)
HB 2466* school districts; maximum tax rate
SPONSOR: LESKO WM 2/16 DP (4-3-0-1-0)
House of Representatives
HB 2125
permissible raffles; clubs
Sponsor: Representative Lesko
DP
/ Committee on JudiciaryX / Caucus and COW
House Engrossed
HB 2125 permits booster clubs, civic clubs, and political clubs or committees to conduct raffles.
History
In Arizona, gambling falls into legalized and regulated categories defined in Arizona Revised Statutes (A.R.S.) Title 13, Chapter 33. Amusement gambling, in which players actively compete for prizes of no or little monetary significance, and social gambling, in which players compete with equal standing and no other party receives winnings, are not unlawful, but other forms of gambling fall under strict regulation. These regulated forms of gambling include games of chance such as lotteries, raffles, and games such as bingo.
According to A.R.S. § 13-3302, raffles may be conducted by certain historical societies and tax-exempt non-profit organizations, such as labor organizations, fraternal lodges, and religious organizations, within certain restrictions. This tax-exempt status often imposes restrictions, such as requiring that the organization’s earnings not benefit private individuals or shareholders, or requiring that the organization not carry propaganda or attempt to influence legislation.
In order to conduct raffles, the organization must have existed continuously for five years, only members of the organization may participate in the administration and execution of the raffle, and no person involved with the organization may benefit directly or indirectly from the raffle except through normal competition and winnings. Direct benefit includes simple monetary reward, whereas indirect benefit encompasses gains such as increased sales of food or drink when the raffle is held at a charging establishment with which a member is affiliated.
Provisions
· Permits booster clubs, civic clubs, and political clubs or committees to conduct raffles, provided the following conditions are met:
Ø The club or committee exists for pleasure, recreation, or other nonprofit purpose, and no part of the club or committee’s net earnings personally benefits any member, director, officer, employee, or agent of the club or committee.
Ø No member, director, officer, employee, or agent of the club or committee may receive direct or indirect pecuniary benefit other than being able to participate on a basis equal to other participants.
Ø No person other than a member of the sponsoring club or committee may participate in the management, sales, or operation of the raffle.
Ø Annual raffle benefit to the club may not exceed ten thousand dollars.
· Makes technical and conforming changes.
House of Representatives
HB 2172
charity game ticket games.
Sponsor: Representative Antenori
DPA
/ Committee on JudiciaryX / Caucus and COW
House Engrossed
HB 2172 creates an additional classification of license for charity game tickets.
History
Arizona Revised Statutes (A.R.S.) Title 5, Chapter 4 requires the Arizona Department of Revenue (ADOR) to regulate and license bingo games. Applicants for a bingo license are must have been in existence for two years prior to making an application for a license. Applicants must submit the initial license application, the local governing body fee and the license fee (all of which vary depending on classification) to their local governing body. The applicant must designate one or two managers, one proceeds coordinator, one supervisor, and at least one assistant, none of whom may serve in more than one position. The local governing body must hold a hearing on each application within 45 days of receipt of the application. Following the hearing, the local governing body must recommend approval or disapproval and forward the application to the ADOR. Licenses are valid for one year; however, a 30-day grace period must be allowed during which the license may be renewed if a late filing penalty equal to the license fee is submitted in addition to the actual license fee. If a bingo license is revoked, the revocation period persists five years from the date of revocation. Licensees cannot transfer licenses to another person and ADOR cannot issue more than one license to an applicant or licensee.
A licensee must not conduct or operate more than five occasions of bingo during any calendar week; however, ADOR may authorize one special bonus game which can be played at weekly consecutive occasions with a quarterly prize limit of $12,000. For regular individual bingo games, a prize no greater than $1000 can be offered and the total amount of prizes for each occasion cannot exceed $3000. No more than 12 hours of bingo can be conducted in any building or on any premises during any calendar day.
According to A.R.S. § 5-413, there are three classifications of bingo licenses which are distinguished by the permitted amount of annual gross receipts:
Ø Class A licenses – may be issued to a person to conduct bingo games for which the gross receipts do not exceed $15,600. A Class A must not be issued to a person who holds a club license, which includes but is not limited to, a golf club with a liquor license and more than 50 members. Class A licensees have a reporting period of one year.
Ø Class B licenses – may be issued to a qualified organization to conduct bingo games for which the gross receipts do not exceed $300,000. Class B licensees have four reporting periods.
Ø Class C licenses – may be issued to a qualified organization to conduct bingo games for which the gross receipts exceed $300,000. Class C licensees have 12 reporting periods.
Qualified organization is defined as a homeowners’ association, any bona fide charitable, fraternal, religious, social, veterans’ or volunteer firefighters’ organization, nonprofit ambulance service, or any chartered branch or lodge or chapter of such national or state organization that operates without profit to its members and may not include more than one identified auxiliary of any such organization.
Provisions
· Creates a Class D charity game ticket license for the conduct of charity game tickets by qualified organizations that operate with a Class B or Class C bingo license or any charitable organization that operates a private, members-only club.
· Requires Class D licensees to file 12 reports that coincide with each month of the term of the license.
· Allows ADOR to assess and collect fees for Class D licenses.
· Specifies that charity game tickets may be sold within a charitable organization’s private club but only at licensed bingo games during the authorized session times, no earlier than one hour before the start of the authorized session times and no later than one hour after the end of the authorized session times.
· Requires ADOR to adopt rules prescribing the qualifications and fees for manufacturers’ and distributors’ licenses and specifies that:
Ø A person that sells charity game tickets must obtain a distributor’s license; and
Ø Any manufacturer of charity game tickets that sells to distributors must obtain a manufacturer’s license.
· Specifies that:
Ø Licensed manufacturers must sell charity game tickets only to licensed distributors;
Ø Licensed distributors must purchase charity game tickets from only licensed manufacturers; and
Ø Licensed organizations must purchase charity game tickets only from licensed distributors.
· Assigns the following limits on charity game tickets and specifies that the prizes awarded for charity game ticket games are not subject to the bingo price limits:
Ø $1 – the maximum price for an individual charity game ticket
Ø $500 – the maximum prize for an individual charity game ticket
Ø 4000 – the maximum number of charity game tickets in a set or deal
· Specifies that all expenses for charity game tickets, except cash prizes in the amount of $250 or less, must be withdrawn from the licensee’s special account.
· Stipulates that no charity game tickets may be sold in this state that do not conform to the standards for opacity, randomization, minimum information, winner protection, color and cutting for charity game tickets established by a recognized gaming regulators’ association selected by the licensing authority.
· Raises the ceiling on gross receipts for Class A licensees from $15,600 to $46,800.
· Defines charity game ticket, deal, distributor, and manufacturer.
· Makes various technical and conforming changes, including adding charity game tickets to the numerous statutes governing bingo games.
Amendments
Committee on Judiciary
· Clarifies that charity game ticket excludes games which are played with a mechanical, electronic, or video display or other facsimile of the paper card.
· Specifies that bingo event tickets are sold and played in conjunction with an authorized game of bingo.
· Specifies that charity game ticket formats must be authorized by the Department of Gaming, and that the Department of Gaming must not approve a charity game ticket format which would cause removal of gaming restrictions as specified in the Tribal-State Compacts, A.R.S § 5-601.02.
· Specifies that Class C bingo licenses may be issued to charitable organizations, and that such licenses apply to the sale of charity game tickets during bingo occasions.
· Removes the Class D charity game ticket license.
· Removes the authorization for the sale of charity game tickets within a private club.
House of Representatives
HB 2312
small special districts; financial review
Sponsor: Representative Driggs
DP
/ Committee on Ways & MeansX / Caucus and COW
House Engrossed
HB 2312 removes the requirement of biennial financial reviews for districts with a budget of less than $50,000, and makes new financial review requirements.
History
Laws 1989, chapter 180 mandates that audits are performed annually for special taxing districts (districts) with a budget of $1 million or more. Districts with budgets between $100,000 and $1 million will have a financial review annually. Any districts with budgets of less than $100,000 are subject to biennial financial reviews. The districts are free to choose auditors or agents selected by the Board of Supervisors to perform these reviews. The district has to submit a copy of the review or audit to the Board of Supervisors, and county Treasurer within 180 days. If a district fails to submit an audit or review they are subject to prosecution, and fines for bringing the case to action.
Districts that are exempt from this mandated audit and reviews are municipal improvement districts, county improvement districts, agricultural improvement districts, multi-county water conservation districts, ground water replenishment districts, and active management area water districts.
The biennial review required by a CPA firm typically costs the district between $3,500 - $10,000 thus requiring a significant portion of their budget to comply with these financial requirements. For some small districts, this amounts to over $100 per review per each transaction they conduct. This bill will retain the ability to do a financial review upon request.
Provisions
· Removes the requirement of a biennial financial review for a special taxing district with a budget of less than $50,000.
· Stipulates that a financial review will only be conducted by request of the county Board of Supervisors, or ten or more residents.
· Directs each district with a budget of $50,000 or less, to submit a financial review to the county Treasurer, and Board of Supervisors within 180 days after the request.
House of Representatives
HB 2313
process servers; criminal liability
Sponsor: Representative Driggs
DPA/SE
/ Committee on JudiciaryX / Caucus and COW
House Engrossed
HB 2313 adds private process servers performing official duties to the list of persons against whom assault is classified as aggravated assault and exempts private process servers from charges of criminal trespass for actions performed during the course of official duties.
Summary of the proposed strike-everything amendment
History
One of a constable’s primary duties is the service of process. Service of process entails delivery of legal notices, in person, to a particular party. Supreme Court rule provides that service of process not involving seizure of persons or property may be performed by persons other than constables if they have been properly appointed or registered. These persons, designated to be officers of the court, often serve in the employ of private business and are known as private process servers.
Provisions
· Adds private process servers performing official duties to the list of persons against whom assault is classified as aggravated assault.
· Specifies that private process servers are subject to the same rights and privileges afforded to sheriffs and constables while in the execution of duties pertaining to service of process.