5-101.01 - Arizona Statutes

5-101.01. Arizona department of racing; director; qualifications; term; deputy director; conflict of interest A. There is established an Arizona department of racing. B. The governor shall appoint a director of the department pursuant to section 38-211 and in accordance with the provisions of subsection C of this section. The director serves at the pleasure of the governor for a term of five years. To be eligible for appointment as director, a person must have a minimum of five years of experience in business and administration and shall not have a financial interest in a racetrack or in the racing industry in this state during the term of his appointment. The governor may appoint an acting director if there is a vacancy in the office. C. Within sixty days after a vacancy occurs in the position of director, the commission shall forward a list of three candidates for appointment as director to the governor. The governor may request one additional list to be submitted by the commission. In the event the governor does not appoint the director within thirty days following receipt of the list submitted by the commission, the commission shall select a director for the department. In the event that the commission fails to submit the lists requested by the governor, the governor may appoint any qualified person to the position of director. D. The commission may establish the position of deputy director of the department. E. The positions of director and deputy director, if applicable, are exempt from title 41, chapter 4, articles 5 and 6. Persons holding the positions of director and deputy director, if applicable, are eligible to receive compensation pursuant to section 38-611. F. The provisions of title 38, chapter 3, article 8, relating to conflict of interest, apply to the director and all other employees of the department. G. Neither the director, any employee of the department nor any member of the immediate family of the director or other employee of the department may: 1. Have any pecuniary interest in a racetrack in this state or in any kennel, stable, compound or farm licensed under this chapter. 2. Wager money at a racetrack enclosure or additional wagering facility in this state or wager money on the results of any race held at a racetrack enclosure in this state. 3. Hold more than a five per cent interest in any entity doing business with a racetrack in this state. 4. Have any interest, whether direct or indirect, in a license issued pursuant to this chapter or in a licensee, facility or entity that is involved in any way with pari-mutuel wagering. For the purposes of this paragraph, "interest" includes employment. H. Failure to comply with subsection G of this section is grounds for dismissal. I. For the purposes of subsection G of this section, "immediate family" means a spouse or children who regularly reside in the household of the director or other employee of the department.