Arizona 2022 2022 Regular Session

Arizona Senate Bill SB1442 Comm Sub / Analysis

Filed 02/14/2022

                    Assigned to COM 	FOR COMMITTEE 
 
 
 
 
ARIZONA STATE SENATE 
Fifty-Fifth Legislature, Second Regular Session 
 
FACT SHEET FOR S.B. 1442 
 
horse racing; geofencing; wagering; licensing 
Purpose 
Requires racetrack enclosures and additional wagering facilities that are licensed to accept 
wagers to use a geofencing system to monitor wagers on mobile wagering platforms. Requires 
wagers placed through a mobile wagering platform at a racetrack enclosure or additional wagering 
facility to be treated as a wager made by a patron on the grounds of the racetrack enclosure. Allows 
the Arizona Department of Gaming (ADG) to issue an advance deposit wagering provider 
(ADWP) license. 
Background 
Statute defines advance deposit wagering as a type of pari-mutuel wagering that allows 
someone to deposit monies in an account with an advance deposit provider ahead of time and use 
those monies for pari-mutuel wagering on live or simulcast racing that an advance deposit  
pari-mutuel wagering permittee accepts or makes (A.R.S. § 5-101). 
The Arizona Racing Commission may allow for advance deposit wagering through the 
permittance of an ADWP, if the ADWP secures approval from the racing authority in Arizona 
where it is located and annually secures approval from: 1) the commercial live horse racing 
permittees in a county where the ADWP or commercial live racing permittee accepts wagers for 
horse racing; and 2) the organization that represents the majority of owners and trainers at each of 
the commercial live horse racing enclosures in each county. Providers must pay source market fees 
on wagers placed on horse races to commercial live horse racing permittees in Arizona (A.R.S.  
§ 5-112). An ADWP may allow an advance deposit wager account holder to make wagers on 
racing meetings or simulcasted races from the account by telephone, in person or over the internet 
through websites and on mobile devices as authorized by event wagering laws (A.A.C.  
R19-2-410; A.R.S. § 5-1314). 
There is no anticipated fiscal impact to the state General Fund associated with this 
legislation. 
Provisions 
Geofencing of Racetrack Enclosures and Additional Wagering Facilities 
1. Requires all racetrack enclosures and additional wagering facilities that are licensed to accept 
wagers to use a geofencing system to dynamically monitor the physical location of patrons 
attempting to place wagers on mobile wagering platforms.  
2. Requires the geofencing system to perform: 
a) a geolocation check before placement of a wager in an authorized session; and 
b) recurring geolocation checks throughout a patron's authorized session.   FACT SHEET 
S.B. 1442 
Page 2 
 
 
3. Requires wagers placed through a mobile wagering platform at a racetrack enclosure or 
additional wagering facility to be treated as a wager made by the patron on the grounds of the 
racetrack enclosure.  
4. Requires the racetrack enclosure, the additional wagering facility or the geofence provider to 
provide access to real-time geofence data to the ADG and Arizona Racing Commission.  
Advance Deposit Wagering Provider Licensure 
5. Allows the ADG to issue an ADWP license to a person or entity that wishes to conduct advance 
deposit wagering.  
6. Requires the person or entity to apply for an ADWP license by submitting an application on a 
form prescribed by the ADG.  
7. Allows the ADG to charge a fee for an ADWP license as established by the ADG Racing 
Division.  
8. Requires the ADG Racing Division to collect a licensing fee for each ADWP license issued.  
9. Allows an ADWP licensee that meets statutory ADWP permitting requirements to take 
advance deposit wagers.  
10. Subjects the holder of an ADWP license to the penalties prescribed for any violation of the law 
relating to horse racing. 
Miscellaneous 
11. Modifies the definition of ADWP to mean a betting system or multijurisdictional wagering 
provider that is licensed, rather than authorized, to conduct advance deposit wagering pursuant 
to statute.  
12. Modifies the definition of license to include a license issued to officials and employees of an 
ADWP. 
13. Makes technical changes.  
14. Becomes effective on the general effective date.  
Prepared by Senate Research 
February 14, 2022 
JT/sr