NOTICE TO THE PUBLIC is hereby given that the following popular name and ballot title for a proposed constitutional amendment has been certified by the Arkansas Attorney General. Pursuant to Arkansas Constitution, Amendment 7, any party may contest the popular name and ballot title as an original action with the Arkansas Supreme Court after the Secretary of State has verified the petition as having the sufficient number of qualified electors’ signatures to have the measure placed on the ballot at the next general election.
Notice of Certification of Sufficiency
Pursuant to A.C.A. § 7-9-107
On May 15,
2007, this office received Opinion No. 2007-160 from the Attorney General for
the State of Arkansas whereby he approved and certified a Popular Name and
Ballot Title. Pursuant to A.C.A. §
7-9-107 the Secretary of State shall also approve and certify the proposed
Popular Name and Ballot Title as certified by the Attorney General.
Therefore,
I, Charlie Daniels, Secretary of State, State of Arkansas, do hereby approve
and certify the sufficiency of the following:
Popular Name
The Arkansas Commission on Lotteries and
Gambling Amendment
Ballot Title
An amendment to the Arkansas Constitution
creating the Arkansas Commission on lotteries and gambling and investing it
with power to license and regulate charitable bingo and raffles, conduct and
regulate gambling games at casinos owned by the commission and operated by the
commission or its contractors, license thoroughbred and greyhound racing tracks
to conduct gambling games, and requiring the commission to operate and regulate
one or more statewide lottery games; depriving the General Assembly of any
power to regulate or review the commission except as otherwise stated in the
amendment; rendering inapplicable to the commission any state law regulating a
state agency; providing for the appointment by the governor of four (4) initial
commissioners, one from each congressional district, and the appointment of one
additional initial commissioner, who shall be Mr. Charles Ormond of Morrilton,
Arkansas, who shall serve as director; authorizing the governor to arrange
staggered terms of two (2), four (4), six (6) and eight (8) years for the four
(4) initial commissioners and setting the term of Mr. Charles Ormond beginning January
1 of the year following adoption and enactment of this amendment for a term of
ten (10) years; providing, upon the expiration of the initial commissioners’
terms, for the staggered popular, nonpartisan, plurality election of four
future commissioners one from each congressional district for one eight (8)
year term each, and the appointment, by the four (4) elected commissioners, of
a fifth commissioner to serve as director; authorizing the director to vote in
case of a tie and limiting his service to no more than ten (10) years; setting
the qualifications of commissioners and providing for the filling of temporary
vacancies by the remaining commission members; authorizing the commissioners to
set their own reasonable salaries and the salary of the director and other
employees; authorizing the commission to license and regulate charitable bingo
and raffles by certain nonprofit entities with net receipts used only for
charitable, religious and philanthropic purposes and requiring it to operate
and regulate one or more statewide lottery games, as defined, through
contractually-authorized lottery game retailers; authorizing the commission to
conduct and regulate gambling games, as defined, in facilities (casinos) owned
by the commission and operated by the commission or through contracts with one
(1) or more persons; authorizing lodging, recreational and entertainment
facilities in conjunction with gambling facilities and authorizing the serving
of alcoholic beverages at any time in gambling facilities; requiring the
commission to comply with alcoholic beverage laws not in conflict with the
amendment; restricting the conducting of gambling games to counties where the
voters have approved such games, except that the commission may agree to
license any existing thoroughbred or greyhound racing track owner to conduct
gambling games without local voter approval; authorizing simulcasting of races
held at the tracks at gambling facilities of the commission or its contractors;
denying the commission the authority to regulate pari-mutuel wagering at the
tracks but including “electronic games of skill” conducted by the tracks in the
definition of “gambling games” subject to exclusive regulation by the
commission INSTEAD OF THE ARKANSAS RACING COMMISSION AS UNDER CURRENT LAW;
providing that disapproval of gambling games by county voters will not affect
pari-mutuel wagering by horse racing or greyhound tracks or wagering authorized
by other law; requiring the commission to establish one or more “gambling
districts” comprised of approving counties when one (1) or more counties
approve gambling games; requiring a facility for gambling games to be located
in at least one county in each gambling district; providing for the
appointment, by the commission, of “gambling district advisory committees” for
each gambling district; authorizing the commission to: (1) borrow money and issue negotiable
evidences of debt, but providing that the state, commissioners and its
employees shall not be liable for such debts; (2) pledge its revenues and
mortgage its property; (3) acquire property by eminent domain in the same
manner as exercised by the game and fish commission; and (4) receive funds
appropriated by law; requiring income received from licensure of charitable
bingo and raffles to be used solely for administration of that program;
requiring retention of net lottery proceeds by the commission to support its
functions; requiring the distribution of net gambling proceeds in a gambling
district as follows: (1) fourteen
percent (14%) to the counties, municipalities and school districts in the
gambling district as determined by the commission after considering the
proportion of real property taxes distributed by each county to the taxing
entities during the previous calendar year; (2) six percent (6%) for rebates to
real property owners of real property taxes paid in the district as determined
by the commission; (3) ten percent (10%) to a trust fund to reimburse residents
of the district for a portion of their health insurance premiums as determined
by the commission; and (4) seventy percent (70%) retained by the commission for
operations; authorizing the general assembly to increase the percentages
distributed to taxing units and for tax rebates and to thereby reduce the
amount retained by the commission; authorizing the commission to remit surplus
funds to the state apportionment fund in the state treasury; providing that
commission expenditures shall not be subject to appropriation by the general
assembly; legalizing shipments of gambling devices into Arkansas for purposes
of federal law; denying the general assembly and political subdivisions
regulatory authority over the commission or its activities except as otherwise
stated; amending THE Arkansas Constitution’s Art. 19, Section 14 LOTTERY PROHIBITION
TO EXCEPT lotteries authorized BY the constitution; amending Arkansas
Constitution Amendment 84 to substitute the Commission for the General Assembly
as the ENTITY WITH THE DUTY TO PROVIDE FOR LICENSURE AND REGULATION OF
charitable bingo and raffles and repealing the reference to the General
Assembly’s authority to tax such activities; and making the amendment severable
and effective January 1 of the year following adoption and enactment
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the Office of Secretary of State on this the 16th day of May, 2007.
Charlie Daniels
SECRETARY OF STATE
STATE OF ARKANSAS
Paid for by:
Charles L. Ormond
Post Office Box 29
Morrilton, AR 72110
501-412-4144