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 six similar measures, four of which I rejected due to ambiguities in the text of your proposed amendments. See Op. Att'y Gen. Nos. 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 TO AUTHORIZE BINGO AND RAFFLES BY NON PROFIT ORGANIZATIONS, THE OPERATION OF GAMBLING AND A STATE LOTTERY
Ballot Title AN AMENDMENT TO THE ARKANSAS CONSTITUTION AUTHORIZING THE OPERATION OF BINGO AND RAFFLES BY NON PROFIT ORGANIZATIONS INCORPORATED OR REGISTERED TO DO BUSINESS IN THE STATE WITH NO PERSON UNDER AGE 18 PERMITTED TO PLAY BINGO OR RAFFLES; AUTHORIZING THE ADMINISTRATION OF A COLLECTIVE AUTHORITY OF SHARE HOLDERS TO BE CALLED "THE ADMINISTRATIVE CASINO AUTHORITY" TO OPERATE, HIRE AND SUBCONTRACT GAMBLING TO ANY INDEPENDENT CONTRACTOR(S) ON ANY DAY FOR THE WHOLE OF A TWENTY-FOUR HOUR DAY WITHIN ANY COUNTY, CITY AND TOWN ON NOT MORE THAN 12 WATER VESSELS OF ANY SIZE TO BE ANCHORED ON ANY NAVIGABLE WATER WAY AND PUBLIC LAKE WITHIN THE STATE AND TO SELL AND SERVE COMPLIMENTARY ALCOHOLIC BEVERAGES TO BE EXTENEDED [EXTENDED] TO THOSE PERSONS HIRED AND SUBCONTRACTED TO OPERATE GAMBLING, WITHOUT LICENSE, FEE OR PERMIT BY THE STATE OR ANY SUBDIVISION THEREOF, DURING THE OPERATION OF GAMBLING ON WATER VESSELS WITHIN ANY COUNTY, CITY AND TOWN (INCLUDING THOSE COUNTIES, CITIES AND TOWNS IN WHICH THE SALE OF ALCOHOLIC BEVERAGES IS OTHERWISE PROHIBITED) WITH NO PERSON UNDER AGE 21 PERMITTED TO GAMBLE; DEFINING GAMBLING AS THE RISKING OF MONEY ON A CHANCE BETWEEN PERSONS WHERE ONE IS LOSER AND OTHER GAINER WITH COMMONLY CALLED GAMBLING AND GAMING DEVICES TO INCLUDE ANY KIND OF ROULETTE WHEELS, ANY KIND OF SLOT MACHINES, GAMING TABLES OF ANY KIND FOR THE USE OF CARDS AND DICE USED IN ANY MANNER AND ANY KIND OF PARI-MUTUEL WAGERING; REQUIRING PAYMENTS TO THE STATE, COUNTY AND CITY IF APPLICABLE FROM GAMBLING NET PROFITS; DEFINING NET PROFIT AS THE AMOUNT OF MONEY EARNED FROM THE OPERATION OF GAMBLING AFTER OPERATIONAL COSTS ARE DEDUCTED FROM THE GROSS PROFIT WITH GROSS PROFIT BEING THE AMOUNT OF MONEY EARNED AS A PROFIT FROM GAMBLING OVER THE AMOUNT PAID AS GAMBLING LOSSES TO WINNERS; PROVIDING OPERATIONAL COSTS INCLUDE THE COST OF ADMINISTRATION, CONTRACTS FOR WORK AND SERVICES, SUBCONTRACTING OF THE GAMBLING OPERATION, INSURANCE, EMPLOYEE PAYROLL AND BENEFITS, UTILITIES, LEASE AND PURCHASE OF PROPERTY, INTEREST ON LOANS, ADVERTISING, PROMOTION, COMPLIMENTARY ALCOHOLIC BEVERAGES, CONSTRUCTION, MAINTENANCE AND RENOVATION OF WATER VESSELS AND FEDERAL TAXES IF APPLICABLE; REQUIRING 18% OF THE NET PROFIT FROM GAMBLING OPERATED