Fix Arkansas Now Committee 650 Shackleford Road, Suite 400 Little Rock, AR 72211
Ladies and Gentlemen:
This is in response to your request for certification, pursuant to A.C.A. § 7-9-107, of the following popular name and ballot title for a proposed constitutional amendment:
(Popular Name) AN AMENDMENT TO ESTABLISH THE ARKANSAS EDUCATIONAL TRUST FUND, THE ARKANSAS GAMING COMMISSION, A STATE LOTTERY; TO PERMIT CHARITABLE BINGO GAMES AND RAFFLES CONDUCTED BY NON-PROFIT ORGANIZATION; AND TO ALLOW ARKANSAS CASINO CORPORATION TO OWN AND OPERATE SIX CASINO GAMBLING ESTABLISHMENTS ONE EACH IN SEBASTIAN, PULASKI, GARLAND, MILLER, CRITTENDEN AND BOONE COUNTIES.
(Ballot Title) A PROPOSED AMENDMENT TO THE ARKANSAS CONSTITUTION TO ESTABLISH THE ARKANSAS EDUCATIONAL TRUST FUND TO PROVIDE PRE-KINDERGARTEN PROGRAMS, TUTORIAL PROGRAMS, AND GRANTS TO HIGH SCHOOL STUDENTS WHO MAINTAIN A "B" GRADE AVERAGE OR EQUIVALENT, AS DEFINED BY THE ARKANSAS DEPARTMENT OF HIGHER EDUCATION; TO DEFRAY EXPENSES OF AN UNDERGRADUATE DEGREE AT AN ARKANSAS PUBLIC OR PRIVATE UNIVERSITY, COLLEGE, COMMUNITY COLLEGE OR VOCATIONAL/TRADE SCHOOL; TO ESTABLISH A STATE-OWNED LOTTERY, TO BE REGULATED BY THE ARKANSAS GAMING COMMISSION; REQUIRING ALL STATE LOTTERY PROCEEDS, LESS EXPENSES AND PRIZES, TO BE APPROPRIATED 100% TO THE ARKANSAS EDUCATIONAL TRUST FUND; PROVIDING THAT BINGO GAMES AND RAFFLES MAY BE CONDUCTED FOR CHARITABLE PURPOSES BY NONPROFIT ORGANIZATIONS AS RECOGNIZED BY SECTION 501(C)(3) OF THE INTERNAL REVENUE CODE WHO HAVE BEEN EXEMPT FROM FEDERAL TAXES FOR A PERIOD OF FIVE YEARS PRIOR TO APPLICATION, AND SHALL BE REGULATED BY THE ARKANSAS GAMING COMMISSION; PROVIDING SIX CASINO GAMBLING ESTABLISHMENTS BE ALLOWED TO IMMEDIATELY BEGIN OPERATIONS ONE EACH TO BE LOCATED IN THE FOLLOWING COUNTIES, SEBASTIAN, PULASKI, GARLAND, MILLER, CRITTENDEN AND BOONE, TO BE OWNED AND OPERATED BY ARKANSAS CASINO CORPORATION; DEFINING CASINO GAMBLING AS WAGERING ON GAMES PLAYED WITH CARDS, DICE, OR ANY MECHANICAL, ELECTRICAL, ELECTRONIC, ELECTRO MECHANICAL OR COMPUTER DEVICE; ALLOWING THE SERVING OF ALCOHOLIC BEVERAGES IN CASINOS 24 HOURS A DAY, 365 DAYS A YEAR; CREATING THE ARKANSAS GAMING COMMISSION WHOSE MEMBERS SHALL BE APPOINTED BY THE GOVERNOR AND CONFIRMED BY THE SENATE WHO SHALL ESTABLISH AND OPERATE THE STATE LOTTERY, SHALL LICENSE AND REGULATE CHARITABLE BINGO AND RAFFLES, AND SHALL AUDIT THE OPERATIONS OF THE CASINOS TO INSURE THAT ALL CASINO TAXES DUE TO THE STATE ARE PAID; REQUIRING THE GENERAL ASSEMBLY TO LEVY A PRIVILEGE TAX ON ARKANSAS CASINO CORPORATION OF 15% OF NET CASINO GAMBLING REVENUES; PROHIBITING OTHER SPECIAL TAXES OR FEES WITH RESPECT TO CASINO GAMBLING OR RELATED ACTIVITIES; ALLOCATING SUCH 15% PRIVILEGE TAX AS FOLLOWS: 33 1/3% TO THE ARKANSAS EDUCATIONAL TRUST FUND, 20% TO THE ARKANSAS DIVISION OF AGING AND ADULT SERVICES, 26 2/3% TO THE 75 COUNTIES IN THE STATE BASED PROPORTIONALLY ON POPULATION, 13 1/3% TO EACH COUNTY IN WHICH A CASINO IS LOCATED AND IF THE CASINO IS IN A CITY LIMITS THEN THIS REVENUE SHALL BE DIVIDED EQUALLY BETWEEN THE COUNTY AND THE CITY, 6 2/3% TO THE STATE'S GENERAL FUND FOR THE OPERATIONAL COSTS OF THE ARKANSAS GAMING COMMISSION; PROHIBITING THE SALE OF LOTTERY TICKETS, PARTICIPATION IN