Mr. Barry Emigh 1104 7th Street Hot Springs, AR 71913-4225
Dear Mr. Emigh:
You have requested certification, pursuant to A.C.A. § 7-9-107 (Repl. 2000), of a popular name and ballot title for a proposed constitutional amendment. You have previously submitted eleven similar measures, nine of which I rejected due to ambiguities in the text of your proposed amendments. See Op. Att'y Gen. Nos. 2002-026, 2002-001, 2001-380, 2001-358, 2001-341, 2001-173, 2001-110, 2001-095 and 2001-074. My office has revised and certified popular names and ballot titles for two similar measures, as evidenced by Op. Att'y Gen. Nos. 2001-129 and 2001-196. You have since made additional changes to your measure and submitted a revised popular name and ballot title for my certification. Your proposed popular name and ballot title state:
Popular Name AN AMENDMENT AUTHORIZING BINGO AND RAFFLES BY NON PROFIT ORGANIZATIONS, THE ORGANIZATION OF A CORPORATION BY BARRY LEE EMIGH TO OPERATE, HIRE PERSONS AND SUBCONTRACT INDEPENDENT CONTRACTOR(S) TO OPERATE FOR PROFIT GAMBLING AND PARI-MUTUEL WAGERING AND RENAMING THE "ARKANSAS RACING COMMISSION" WITH THE GENERAL ASSEMBLY REGULATING SUCH COMMISSION TO OPERATE A STATE LOTTERY AND LOTTERIES AND ALL ASPECTS OF GAMBLING WHICH SIGNIFICANTLY CHANGES CURRENT LAWS EFFECTING GAMBLING
Ballot Title AN AMENDMENT TO THE ARKANSAS CONSTITUTION AUTHORIZING THE OPERATION OF BINGO AND RAFFLES BY NON PROFIT ORGANIZATIONS INCORPORATED IN THE STATE; REQUIRING THE "ARKANSAS RACING COMMISSION" TO BE RENAMED THE "ARKANSAS GAMING COMMISSION" TO BE REGULATED BY THE GENERAL ASSEMBLY WITH SUCH COMMISSION AUTHORIZED TO OPERATE LOTTERIES AND TO REGULATE ALL ASPECTS OF THE BUSINESS OF GAMBLING AS PROVIDED WITHIN THE PROVISIONS OF THIS AMENDMENT WHICH SIGNIFICANTLY CHANGES CURRENT LAWS EFFECTING GAMBLING; AUTHORIZING THE "ARKANSAS GAMING COMMISSION" TO OPERATE A STATE LOTTERY AND ANY NUMBER OF OTHER LOTTERIES IN COMBINATION WITH ANY OTHER STATE AND STATES AND TO DEDUCT THE REASONABLE EXPENSES TO OPERATE A LOTTERY FROM THE LOTTERY MONEY WITH ANY PROFIT FROM A LOTTERY DEPOSITED IN THE STATE'S GENERAL FUND; REQUIRING THE GOVERNOR UPON PETITION BY A MAJORITY OF EACH HOUSE OF THE GENERAL ASSEMBLY TO CALL A SPECIAL SESSION OF THE GENERAL ASSEMBLY; PROVIDING THE PROVISIONS OF THIS AMENDMENT SHALL NOT EFFECT THOSE CURRENT LAWS, RULES AND REGULATIONS REGARDING HORSE AND DOG RACING AND PARI-MUTUEL WAGERING THEREON WITH EXCEPTION AS PROVIDED IN THIS AMENDMENT; PROHIBITING THE GENERAL ASSEMBLY FROM FURTHER EXTENDING THE OPERATION OF GAMBLING NOT PROVIDED FOR WITHIN THE PROVISIONS OF THIS AMENDMENT; PROVIDING EACH SIGNATURE THE SECRETARY OF STATE COUNTS AS VALID TO PLACE THIS AMENDMENT ON THE BALLOT WITH EXCEPTION OF A CANVASSER'S SIGNATURE ON A PETITION AS PETITIONER WITH THEIR SIGNATURE ON THAT PETITION AS CANVASSER SHALL BE COUNTED AS 2 SHARES OF STOCK WITH BARRY LEE EMIGH AS THE AUTHOR AND SPONSOR OF THIS AMENDMENT RECEIVING 1 OF 2 SHARES WITH THE CANVASSER RETAINING THE OTHER SHARE WITH ALL SHARES OF STOCK FILED AS "PREFERRED STOCK" WITH THE APPROPRIATE STATE AND FEDERAL SECURITIES DEPARTMENT(S) BY THE CORPORATE BOARD OF DIRECTORS OF THE DIAMOND STATE CASINOS, LIMITED"; REQUIRING BARRY LEE EMIGH TO ORGANIZE A CORPORATION