Ms. Diane C. Bray, President L.O.C.A.L. c/o Mr. Frank J. Wills III 401 West Capitol, Suite 555 Little Rock, Arkansas 72201
Dear Ms. Bray:
This is in response to your request, pursuant to A.C.A. § 7-9-107 (Repl. 1993), for certification of the following proposed popular name and ballot title for a proposed constitutional amendment:1
(Popular Name)
AN AMENDMENT TO CREATE THE ARKANSAS LOTTERY AND CASINO COMMISSION, TO ESTABLISH THE ARKANSAS LOTTERY AND TO AUTHORIZE CASINO GAMBLING BY CASINOS APPROVED BY THE COMMISSION AT THREE DESIGNATED LOCATIONS, AT FOUR UNDESIGNATED LOCATIONS, AND OTHERWISE IN THE STATE WHERE APPROVED BY THE VOTERS BY LOCAL OPTION ELECTION
(Ballot Title)
AN AMENDMENT TO THE ARKANSAS CONSTITUTION ESTABLISHING THE ARKANSAS LOTTERY AND CASINO COMMISSION CONSISTING OF FIVE (5) MEMBERS APPOINTED BY THE GOVERNOR FOR TERMS OF UP TO FIVE (5) YEARS AND LIMITING MEMBERS TO TWO (2) TERMS; AUTHORIZING REMOVAL OF MEMBERS BY THE GOVERNOR FOR CAUSE; PROVIDING FOR DUTIES OF COMMISSION DIRECTOR; EMPOWERING COMMISSION TO LICENSE AND REGULATE CASINOS, AND SET FINES AND PENALTIES, AND INVESTIGATE CASINO LICENSE APPLICANTS; ESTABLISHING INITIAL CASINO APPLICATION AND LICENSING FEES AND ALLOWING THE COMMISSION TO SET SUBSEQUENT FEES; ESTABLISHING A STATE LOTTERY OPERATED BY THE COMMISSION, PROVIDING THAT THE TOTAL REVENUES DERIVED FROM LOTTERY TICKET SALES SHALL BE ALLOCATED BY THE COMMISSION AS FOLLOWS: NO LESS THAN FIFTY PERCENT (50%) TO LOTTERY PRIZES, NO LESS THAN THIRTY-FIVE PERCENT (35%) TO FUNDS MANDATED HEREIN FOR APPROPRIATION BY THE GENERAL ASSEMBLY IN AMOUNTS PRESCRIBED FOR THE GENERAL OPERATION OF STATE GOVERNMENT, STATE HIGHWAYS, LAW ENFORCEMENT AND CRIME PREVENTION, NATURAL RESOURCES, AND TREATMENT OF ALCOHOL AND GAMBLING RELATED ADDICTIVE BEHAVIOR; NO MORE THAN TEN PERCENT (10%) FOR OPERATION OF THE LOTTERY AND FIVE PERCENT (5%) FOR COMMISSIONS TO TICKET RETAILERS; AUTHORIZING CASINO GAMBLING AS DEFINED HEREIN BY LICENSEES APPROVED BY THE COMMISSION; DESIGNATING ONE (1) SPECIFIC SITE IN EACH OF PULASKI, GARLAND AND CHICOT COUNTIES FOR CASINO LICENSING; PROVIDING THAT FOUR (4) ADDITIONAL LICENSES MAY BE ISSUED, ONE (1) IN PULASKI, ONE (1) IN GARLAND AND TWO (2) IN CRITTENDEN COUNTIES; AUTHORIZING ONE (1) CASINO LICENSE IN EACH OF SEBASTIAN, PHILLIPS, CHICOT, PULASKI, CARROLL, CRITTENDEN, GARLAND AND MILLER COUNTIES, IF APPROVED BY THE VOTERS IN A LOCAL OPTION ELECTION IN THOSE COUNTIES; AUTHORIZING UP TO FIVE (5) ADDITIONAL AT LARGE CASINO LICENSE TO BE LOCATED IN ANY COUNTY WHERE APPROVED BY THE VOTERS IN A LOCAL OPTION ELECTION; NO MORE THAN TWENTY (20) CASINOS MAY BE SIMULTANEOUSLY OPERATED; PROVIDING FOR LOCAL OPTION CASINO ELECTIONS UPON PETITION BY TWENTY (20) PERCENT OF THE QUALIFIED VOTERS IN THE COUNTY AND OTHERWISE PURSUANT TO AMENDMENT 7 TO THE ARKANSAS CONSTITUTION, EXCEPT THAT THE COUNTY CLERK MUST MAKE A SUFFICIENCY DETERMINATION WITHIN TEN (10) DAYS OF SUBMISSION; EXEMPTING APPROVED DESIGNATED SITES FROM LAND USE PROHIBITIONS; EXEMPTING CASINO ALCOHOL SALES FROM TIME RESTRICTIONS; LEVYING AN EXCLUSIVE EIGHT (8) PERCENT TAX ON CASINO GROSS GAMBLING REVENUES AS DEFINED HEREIN AND PROHIBITING ADDITIONAL TAXES ON GROSS GAMBLING REVENUES; PROVIDING THAT CASINOS PAY STATE INCOME TAXES AT THE SAME