Section R19-2-201. Racing Regulation Fund

The Racing Regulation Fund, established by A.R.S. § 5-113.01, and administered by the Department of Racing, shall collect funding for regulation of racing from the pari-mutuel racing industry from the sources listed below. The Department shall review assessments from each source at least twice a year for the purposes of meeting its budget.

1.        Annual license fees established by the Department and set forth in R19-2-202, except for those fees deposited to

the Greyhound Adoption Fund pursuant to A.R.S. § 5- 113(H).

2.        A regulatory assessment based on the number of dark days on which wagering is conducted in excess of live racing days for each racetrack permittee issued a racing permit. The assessment shall be in an amount established by the Department and set forth in R19-2-204.

3.        A regulatory assessment from all racetracks that have been issued a commercial racing permit to be paid from the amount deducted by the permittee from pari-mutuel pools. The assessment amount may be deducted from pari-mutuel pools in addition to the amounts the permit- tee is authorized to deduct in A.R.S. § 5-111(C). The assessment shall be based on amounts wagered on live and simulcast races from in-state and out-of-state wager- ing handled by the permittee in an amount established by the Department, and as set forth in R19-2-205. A permit- tee shall not reduce the amounts payable to the Depart- ment under this subsection for hardship tax credits under

A.R.S.  §  5-111(I)  or  for  capital  improvement  credits under A.R.S. §§ 5-111.02 and 5-111.03.

4.        License fees collected pursuant to A.R.S. § 5-230(A).

5.        The overpayment of a regulatory assessment by a permit- tee shall be credited to and may be deducted from any regulatory assessment payment due from the permittee in the current fiscal or the following fiscal year.

Historical Note

New Section made by exempt rulemaking at 17 A.A.R. 1484, effective July 20, 2011 (Supp. 11-3). Amended by exempt rulemaking at 18 A.A.R. 3260, effective Novem- ber 16, 2012 (Supp. 12-4).