The Honorable Charles L. Ormond State Representative 1500 View Street Morrilton, AR 72110-3725
Dear Representative Ormond:
This is in response to your request for certification, pursuant to A.C.A. § 7-9-107 (Repl. 2000), of the following popular name and ballot title for a proposed constitutional amendment:
Popular Name AN AMENDMENT TO THE ARKANSAS CONSTITUTION TO ESTABLISH AN ARKANSAS OWNED AND OPERATED CORPORATION CONCERNING CHARITABLE BINGO, LOTTERIES, AND WAGERING AS AN INDEPENDENT PUBLIC CORPORATION
Ballot Title PROPOSING AN AMENDMENT TO THE ARKANSAS CONSTITUTION TO ESTABLISH THE ARKANSAS CORPORATION ON LOTTERIES AND WAGERING AS AN INDEPENDENT PUBLIC CORPORATION; TO LICENSE CHARITABLE BINGO; TO PROVIDE FOR A STATE-WIDE LOTTERY; TO AUTHORIZE THE CORPORATION TO CONDUCT WAGERING GAMES IN FACILITIES OWNED AND OPERATED BY THE CORPORATION OR MAY ENTER INTO A CONTRACT WITH ANY PERSON TO OPERATE WAGERING GAMES; TO LEGALIZE SHIPMENTS OF GAMBLING DEVICES INTO STATE; TO REQUIRE APPROVAL BY THE VOTERS OF A COUNTY BEFORE WAGERING GAMES MAY BE CONDUCTED IN THE COUNTY; TO ESTABLISH WAGERING DISTRICTS CONSISTING OF COUNTIES THAT APPROVE THE CONDUCT OF WAGERING GAMES; TO ESTABLISH WAGERING DISTRICT ADVISORY COMMITTEES; TO PROVIDE THAT A PORTION OF THE PROCEEDS FROM WAGERING GAMES, WAGERING FACILITIES, AND ANCILLARY OPERATIONS SHALL BE USED IN WAGERING DISTRICTS TO PROVIDE SUPPORT TO LOCAL TAXING UNITS, REBATES TO TAXPAYERS FOR A PORTION OF REAL PROPERTY TAXES PAID, AND REIMBURSEMENT TO RESIDENTS FOR A PORTION OF THEIR HEALTH INSURANCE PREMIUMS; TO AUTHORIZE AGREEMENTS BETWEEN THE CORPORATION AND THOROUGHBRED RACING TRACKS AND GREYHOUND RACING TRACKS FOR THE CONDUCT OF WAGERING GAMES BY THE TRACKS; TO AUTHORIZE THE CORPORATION TO CONDUCT PROMOTIONS THAT GIVE AWAY LODGING, FOOD, NON-ALCOHOLIC OR ALCOHOLIC BEVERAGES AT WAGERING FACILITIES; TO CONTRACT IN THE CORPORATE NAME, BORROW MONEY AND EXECUTE NEGOTIABLE EVIDENCES OF DEBT, TO PLEDGE REVENUE, AND TO ACQUIRE PROPERTY, TO AUTHORIZE THE CORPORATION TO EXERCISE THE POWER OF EMINENT DOMAIN; TO ESTABLISH THE OFFICERS OF THE CORPORATION AND THEIR TERMS OF OFFICE; TO ALLOW THE CORPORATION TO ESTABLISH THE SALARIES OF OFFICERS AND EMPLOYEES; TO NAME THE FIRST PRESIDENT OF THE CORPORATION; TO PROVIDE THAT SOVEREIGN IMMUNITY APPLIES TO THE CORPORATION; TO AMEND SECTION 14 OF ARTICLE 19 OF THE ARKANSAS CONSTITUTION TO CONFORM WITH THIS PROPOSED AMENDMENT; AND FOR OTHER PURPOSES.
You have asked that I review your proposed constitutional amendment, ballot title and popular name and give my "recommendations." I must note that the Attorney General is required, pursuant to A.C.A. § 7-9-107, to certify the popular name and ballot title of all proposed initiative and referendum acts or amendments before the petitions are circulated for signature. This statutory function does not take the form of "recommendations." The law provides that the Attorney General may approve the popular name and ballot title as submitted, substitute and certify a more suitable and correct popular name and ballot title, if he can do so, or if the proposed popular name and ballot title are sufficiently misleading, may reject the entire petition.
A.C.A. § 7-9-107 neither requires nor authorizes this office to make legal determinations