Why did the Arkansas AG reject Randall Bynum's first April 2018 four-county casino constitutional amendment?

Plain-English summary

Randall Bynum submitted a competing 2018 casino constitutional amendment that would have authorized four casinos in Benton, Boone, Miller, and Pulaski counties, distinct from the Gray draft (which targeted Crittenden, Garland, Pope, and Jefferson). AG Leslie Rutledge rejected the popular name and ballot title of this April 10, 2018 first draft for fundamental problems and ambiguities in the text. Bynum revised and resubmitted, and the AG rejected the May 8 version too (Op. 2018-049).

Neither Bynum draft made it to the ballot. The Gray version of the casino amendment (different counties, different specifics) is what voters approved as Issue 4 in November 2018, becoming Amendment 100 to the Arkansas Constitution.

Currency note

This opinion was issued in 2018. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Casino regulation in Arkansas is now governed by Amendment 100 (which authorized casinos in Crittenden, Garland, Pope, and Jefferson Counties, not the Bynum proposal's Benton, Boone, Miller, Pulaski).

Common questions

Why were there competing 2018 casino proposals?

Different sponsoring coalitions wanted casinos in different parts of the state. The Gray proposal favored areas with existing race tracks (Southland in Crittenden, Oaklawn in Garland) and added Pope and Jefferson. The Bynum proposal targeted areas without existing tracks (Benton, Boone, Miller, Pulaski). Only one would actually reach the ballot.

What does "fundamental problems and ambiguities" mean here?

The opinion is short on detail compared to later rejections in this cluster. Without seeing the underlying proposal, the AG's specific concerns are hard to pin down from this opinion alone. The companion April 10 Bynum opinion was followed by a more detailed May 8 rejection (Op. 2018-049) that flagged similar issues to the Gray-side rejections.

Did either Bynum draft ever qualify?

No. Both Bynum proposals (this April draft and the May version) were rejected, and neither made it to signature collection in time for the November 2018 ballot.

How does this affect current Arkansas casino law?

It does not. Amendment 100 (the Gray successor proposal) is the operative casino law in Arkansas. The Bynum competing proposals never had legal effect and never altered Arkansas law.

Why does the AG rejecting both Bynum drafts matter?

It illustrates how Arkansas's initiative process works as a filter: even policy that voters might support cannot reach the ballot if the AG cannot certify a non-misleading title for it. The competing-proposal landscape shows that if the AG flags fundamental problems early, the proposal often does not survive.

Background and statutory framework

The standard the AG applied is the same Ark. Code Ann. § 7-9-107 framework that runs through the entire 2018 ballot-title cluster: the AG can certify, substitute and certify, or reject; ambiguities in the underlying measure prevent any honest title.

Citations

• Ark. Code Ann. § 7-9-107 (Supp. 2017)
• Becker v. Riviere, 270 Ark. 219, 604 S.W.2d 555 (1980)
• Bailey v. McCuen, 318 Ark. 277, 884 S.W.2d 938 (1994)
• Roberts v. Priest, 341 Ark. 813, 20 S.W.3d 376 (2000)
• Op. Att'y Gen. 2018-049 (the AG's May 8 rejection of Bynum's revised draft)

Source

• Landing page: https://arkansasag.gov/divisions/opinions-foia/attorney-general-opinions-search/

Original opinion text

Opinion No. 2018-032
April 10, 2018
Randall Bynum, Esq.
Dover Dixon Horne, PLLC
STATE OF ARKANSAS
ATTORNEY GENERAL
LES LIE RUTLEDGE
425 West Capitol Avenue, Suite 3700
Little Rock, AR 72201
Dear Mr. Bynum:
I am writing in response to your request for certification, pursuant to Ark. Code
Ann. § 7-9-107 (Supp. 2017), of the popular name and ballot title for a proposed
initiated measure.
At the outset, I wish to make clear to you that the decision to certify or reject
a popular name and ballot title is in no way a reflection of my view of the
merits of a particular proposal. I am not authorized to, and do not, consider
the merits of the measure when making a decision to certify or reject.
Arkansas Code Annotated § 7-9-107 authorizes my office to 1) certify the popular
name and ballot title of a proposed measure, 2) substitute and certify the popular
name and ballot title, if practicable, or 3) reject the entire submission if "the ballot
title, or the nature of the issue, is presented in such manner that the ballot title
would be misleading" to voters. 1 The purpose of my review under section 7-9-107
is to ensure that the popular name and ballot title honestly, intelligibly, and fairly
set forth the purpose of the proposed amendment or act. 2 In this way, voters will
have a fair understanding of the issues presented by referenced to the ballot title
alone.3
1 Ark. Code Ann.§ 7-9-107(c) (Supp. 2017).
2 See Arkansas Women's Political Caucus v. Riviere, 283 Ark. 463, 466, 677 S.W.2d 846, 848
( 1948).
3 Becker v. Riviere, 270 Ark. 219, 226, 604 S.W.2d 555, 558 ( 1980) (internal citations omitted).
323 CENTE R STREET. SUITE 200 · LITTLE ROCK, ARKANSAS 72201
TELEPHONE (501) 682-2007 · FAX (501) 682-8084
ARKANSASAG.GOV Randall Bynum, Esq.
Opinion No. 2018-032
Page 2
Section 7-9-107 neither requires nor authorizes this office to make legal
determinations concerning the merits of the proposed act or amendment, or
concerning the likelihood that it will accomplish its stated objective. In addition,
consistent with Arkansas Supreme Court precedent, unless the measure is "clearly
contrary to law,"4 this office will not require that a measure's proponents
acknowledge in the ballot title any possible constitutional infirmities.5
Consequently, this review has been limited primarily to a determination, pursuant
to the guidelines that have been set forth by the Arkansas Supreme Court,
discussed below, of whether the popular name and ballot title you have submitted
accurately and impartially summarize the provisions of your proposal.
REQUEST
You have requested certification, pursuant to Ark. Code Ann. § 7-9-107, of
the following popular name and ballot title for a proposed constitutional
amendment:
Popular Name
An Amendment to Allow Four Casinos to Operate in Arkansas, One Each at a
Specifically Designated Location Within Each of the Following Four Counties:
Benton County, Boone County, Miller County, and Pulaski County
Ballot Title
An Amendment to the Arkansas Constitution authorizing four
casinos in Arkansas, one each at a specifically designated location in
each of the following counties in Arkansas: Benton County, an
approximate 24 7 acre [sic] area as identified by the Benton County
Assessor, as of March 7, 2018, as Parcel Numbers 18-10408-000,
18-10494-000, 18-1044 7-000 and 18-10518-000, having a street
address of 16994 Kincheloe Road [sic] Siloam Springs, Arkansas
and more specifically described by legal description in this
Amendment; Boone County, an approximate 62 acre [sic] area as
4 See Kurrus v. Priest, 342 Ark. 434, 445, 29 S.W.3d 669, 675 (2000); Donovan v. Priest, 326
Ark. 353, 359, 931S.W.2d119, 121 (1996); Plugge v. McCuen, 310 Ark. 654, 841S.W.2d139
(1992).
5 As part of my review, however, I may address constitutional concerns for consideration by the
measure's proponents. Randall Bynum, Esq.
Opinion No. 2018-032
Page 3
identified by the Boone County Assessor, as of March 26, 2018 [sic]
as Parcel Number 021-07943-002, 021-07943-000C, 021-07955-
002C, 021-07939-000 and 021-07939-001, having street addresses
of 13721, 13721A and 13781 Bird Lane, Omaha, Arkansas and more
specifically described by legal description in this Amendment;
Miller County, an approximate 35 acre [sic] area as identified by the
Miller County Assessor, as of March 26, 2018, as a portion of Parcel
Number 0840020, having a street address of 7815 U.S. Highway 67
East, Texarkana, Arkansas, and more specifically described by legal
description in this Amendment; and Pulaski County, an approximate
200 acre [sic] area as identified by the Pulaski County Assessor, as
of March 21, 2018, as Parcel Numbers 44R0290000500,
44R0290000600, 44R0200006300 and 44R0300000100, located
between Crystal Valley Road and Lawson Road, Pulaski County,
Arkansas and more specifically described by legal description in this
Amendment; all being subject to all applicable State laws and local
ordinances related to health and building codes, or any related
requirement and provisions, but providing that no local zoning, land
use laws, subdivision regulations or similar provisions shall prohibit
the development or operation of the casinos authorized by this
Amendment and providing that no casino shall be located in an area
zoned exclusively residential as of January 1, 2018; providing that
the casinos shall be subject to the laws enacted by the General
Assembly in accord with this Amendment and regulations
promulgated by the Arkansas Gaming Commission in accord with
laws enacted by the General Assembly; defining casino gaming and
gaming as dealing, operating, carrying on, conducting, maintaining,
or exposing for play any game played with cards, dice, equipment,
or any mechanical, electromechanical, or electronic device or
machine for money, property, checks, credit, or any representative
value; creating the Arkansas Gaming Commission to regulate
casinos in accord with laws enacted by the General Assembly, with
the Arkansas Gaming Commission comprised of five (5)
commissioners, each appointed by the Governor for staggered 5-year
terms; providing for the General Assembly to appropriate monies to
or for the use of the Arkansas Gaming Commission; requiring each
casino to pay to the Arkansas State Treasury a net casino gaming
receipts tax equal to twenty percent (20%) of its annual net casino
gaming receipts; and providing that the net casino gaming receipts
tax revenue shall be distributed seventy percent (70%) to the State Randall Bynum, Esq.
Opinion No. 2018-032
Page 4
Highway and Transportation Department Fund as identified in Ark.
Code Ann. Section 19-6-405 or its successor fund, fifteen percent
(15%) to be equally divided among all other counties in Arkansas in
which a casino is not operating during the month for which the net
casino gaming receipts tax is paid, eight percent (8%) to the General
Revenue Fund, three percent (3%) to the Arkansas Economic
Development Commission Industry Training Program or its
successor program, one percent (1 %) to the Arkansas Department of
Human Services for gambling disorder prevention services, one
percent ( 1 % ) to the county in which the casino is located, and two
percent (2%) to the city or town in which the casino is located and,
in the event the casino is not located within a city or town, then the
two percent (2%) allocated to the city or town shall go to the county
in which the casino is located; defining annual net casino gaming
receipts as gross receipts for a 12-month period from casino gaming
less amounts paid out or reserved as winnings to casino patrons for
that 12-month period; subjecting each casino to the same income,
property, sales, use, employment and other taxation as any for-profit
business located in the county and city or town in which the casino is
located, except that the Arkansas Gross Receipts Act of 1941, and
any amendments or replacements thereto, and local gross receipts
taxes shall not apply to casino gaming receipts, and no additional
State or local taxes, fees, or assessments shall be imposed on the
casinos except as authorized in this Amendment; allowing a casino
to operate any day for any portion or all of any day; acknowledging
that current Arkansas law prohibits selling or complimentary serving
of alcoholic beverages on Christmas Day, but allowing the selling or
complimentary serving of alcoholic beverages in casinos during all
hours the casino operates but otherwise subject to all applicable
Arkansas laws involving the distribution and sale of alcohol;
permitting the shipment into any county of Arkansas in which casino
gaming is authorized of gambling devices shipped and delivered in
accordance with applicable federal law (15 USC§§ 1171-1178 and
amendments and replacements thereto); providing that the General
Assembly shall not amend any provision of this Amendment except
that the General Assembly by a two-thirds vote may amend the
section creating the Arkansas Gaming Commission and setting forth
its powers and the section setting forth the taxation of casinos and
the distribution of such taxes; providing that the county in which a
casino is to be located may prohibit such casino by an election in Randall Bynum, Esq.
Opinion No. 2018-032
Page 5
such county called by a petition signed by thirty eight percent (3 8%)
of the registered voters of the county and providing that the
collection of signatures for such petition shall not begin before
November 7, 2018 [sic] and such petition shall be filed with the
county clerk of said county by January 7, 2019, and if the petition is
sufficient said election to be held within thirty (30) days of final
legal actions regarding the sufficiency of the petition; rendering the
provisions of this Amendment severable; declaring inapplicable all
constitutional provisions and laws to the extent they conflict with
this Amendment, but not otherwise repealing, superseding,
amending, or otherwise affecting Amendment 84 (bingo or raffles)
or Amendment 87 (State lottery) to the Arkansas Constitution, or
Arkansas Act 1151 of 2005 (electronic games of skill).
GUIDELINES
The popular name is primarily a useful legislative device. 6 It need not contain
detailed information or include exceptions that might be required of a ballot title,
but it must not be misleading or give partisan coloring to the merit of the
proposal. 7 The popular name is to be considered together with the ballot title in
determining the ballot title's sufficiency.8
The ballot title must include an impartial summary of the proposed amendment or
act that will give the voter a fair understanding of the issues presented. 9
According to the Court, a ballot title will not be legally sufficient unless it
"adequately inform[s]" the voters of the contents of a proposed amendment or act
so that they can make a "reasoned decision in the voting booth."10 A ballot title's
failure to "honestly and accurately reflect what is contained in the proposed [act
or] Amendment" may lead the Court to conclude that the "omission is
6 Paffordv. Hall, 217 Ark. 734, 739, 233 S.W.2d 72, 75 (1950).
7 See, e.g., Chaney v. Bryant, 259 Ark. 294, 297, 532 S.W.2d 741, 743 (1976); Moore v. Hall, 229
Ark. 411, 316 S.W.2d 207 (1958). For a better understanding of the term "partisan coloring," see
note 18 infra.
8 Mayv. Daniels, 359 Ark. 100, 105, 194 S.W.3d 771, 776 (2004).
9 Riviere, 270 Ark. at 226, 604 S.W.2d at 558 (internal citations omitted).
10 Lange v. Martin, 2016 Ark. 337, 500 S.W.3d 154, at n. 2. Randall Bynum, Esq.
Opinion No. 2018-032
Page 6
significant." 11 The Court has also disagproved the use of terms that are "technical
and not readily understood by voters." 2 Without a definition of such terms in the
ballot title, the title may be deemed insufficient.13
Additionally, if information omitted from the ballot title is an "essential fact which
would give the voter serious ground for reflection, it must be disclosed."14 At the
same time, however, a ballot title must be brief and concise; 15 otherwise voters
could run afoul of Ark. Code Ann. § 7-5-309's five-minute limit in voting booths
when other voters are waiting in line. 16 The ballot title is not required to be
perfect, nor is it reasonable to expect the title to cover or anticipate every possible
legal argument the proposed measure might evoke.17 The title, however, must be
"free of any misleading tendency whether by amrlification, omission, or fallacy,
and it must not be tinged with partisan coloring."1 The ballot title must be honest
and impartial, 19 and it must convey an intelligible idea of the scope and
significance of a proposed change in the law. 20
Furthermore, the Court has confirmed that a ballot title cannot be approved if the
text of the proposed measure itself contributes to confusion and disconnect
11 Id. at 9, 500 S.W.3d at 159.
12 Wilson v. Martin, 2016 Ark. 334, 9, 500 S.W.3d 160, 167.
13 Id., 500 S.W.3d at 167.
14 Bailey v. McCuen, 318 Ark. 277, 285, 884 S.W.2d 938, 942 (1994).
15 See Ark. Code Ann. § 7-9-107(b).
16 Bailey, 318 Ark. at 284, 884 S.W.2d at 944.
17 Id. at 293, 884 S.W.2d at 946-47.
18 Id. at 284, 884 S.W.2d at 942. Language "tinged with partisan coloring" has been identified by
the Arkansas Supreme Court as language that "creates a fatally misleading tendency" (Crochet v.
Priest, 326 Ark. 338, 347, 931 S.W.2d 128, 133 (1996)) or that "gives the voter only the
impression that the proponents of the proposed amendment wish to convey of the activity
represented by the words." Christian Civic Action Committee v. McCuen, 318 Ark. 241, 249, 884
S.W.2d 605, 610 (1994).
19 Becker v. McCuen, 303 Ark. 482, 489, 798 S.W.2d 71, 74 (1990).
2° Christian Civic Action Committee, 318 Ark. at 245, 884 S.W.2d at 607 (internal quotations
omitted). Randall Bynum, Esq.
Opinion No. 2018-032
Page 7
between the language in the popular name and the ballot title and the language in
the measure.21 The Court concluded that "internal inconsistencies would
inevitably lead to confusion in drafting a popular name and ballot title and to
confusion in the ballot title itself."22 Where the effects of a proposed measure on
current law are unclear or ambiguous, it is impossible for me to perform my
statutory duty to the satisfaction of the Arkansas Supreme Court without (1)
clarification or removal of the ambiguities in the proposal itself, and (2)
conformance of the popular name and ballot title to the newly worded proposal.
RESPONSE
In light of the Court's pronouncements, noted above, it is my opinion that a
number of additions or changes to your ballot title are necessary in order to more
fully and correctly summarize your proposal. I cannot, however, at this time,
fairly or completely summarize the effect of your proposed measure to the
electorate in a popular name or ballot title because of several fundamental
ambiguities in the text of the measure itself. Because of these significant issues, I
have not conducted a thorough, point-by-point review of your proposal. 23 Rather,
I will point out what I view to be baseline, fundamental deficiencies with your
submission.
DISCUSSION
A fatal deficiency of primary importance, in my opinion, is the complete lack of
information regarding casino licensing under your proposal, and whether there is
any correlation between ownership of the properties listed in your proposal and
licensing of a casino or a casino operator.
Section 4 of your measure states-at least with respect to the four locations
specifically designated for casinos-that "all licenses hereunder" would be subject
to laws passed by General Assembly. However, it is unclear what "licenses" this
phrase is meant to refer to. The measure does not clearly provide for any actual
licenses. Moreover, it is silent regarding any licensing process.
This silence regarding the licensing process is particularly problematic because
21 Roberts v. Priest, 341 Ark. 813, 825, 20 S.W.3d 376, 382 (2000).
22 Id.
23 Cf Op. Att'y Gen. 2016-099. Randall Bynum, Esq.
Opinion No. 2018-032
Page 8
also left unaddressed is the relationship or correlation, if any, between ownership
of the properties your measure describes and the licensing of a casino to be located
on those properties. As mentioned above, Section 4 references "[t]he initial
licensed casino operator" after each legal description of the four properties where
casinos would be authorized under your proposal. But your proposal does not
indicate-much less state-who the initial licensed casino operators would be,
how they would be selected for a license, or what their qualifications must be to
operate a casino. 24 If it is your intention that the owner or owners of the described
properties would be, simply by virtue of such ownership, the initial licensed casino
operators at each property-without any other qualifications-this fact must, in
my opinion, be disclosed in a ballot title, together with the identity with these
owner(s).25
Furthermore, even if the land ownership does not guarantee a casino-operator's
license, knowing who owns the land would still be of critical importance to the
voters, as the adoption of your proposed amendment would in all likelihood lead
to an immense increase to the value of those properties. Thus, in my opinion,
ownership of the properties must also be disclosed in a ballot title. The Court has
on more than one occasion rejected ballot initiatives "that failed to disclose in the
ballot title the direct benefits to a 'relatively few' special interests. "26 As the Court
stated, "the majority of voters will read a proposed amendment for the first, and
only, time when they read it on the ballot. Thus, it is crucial that the ballot title
not be misleading, and that it disclose enough information so that voters can make
'an intelligent choice and be fully aware of the consequences of their vote. "'27 In
this instance, I think that it is unrealistic and insufficient to expect voters to know,
24 The lack of any information in your proposal regarding the licensing process also omits critical
information that would be relevant to voters, such as the transferability of casino-operator
licenses; and whether such licenses could be suspended or revoked, on what basis, and by whom.
25 As to this aspect of your proposal, voters, in my opinion, also would need to know whether
there must be four separately licensed operators, one for each property listed, or whether a person
or entity could hold multiple, or even all, licenses by virtue of owning multiple properties.
Additionally, voters would need to know whether there would be any restrictions on the
alienability of these properties to unknown and unnamed persons or entities should your
amendment be adopted.
26 Parker v. Priest, 326 Ark. 386, 388, 931 S.W.2d 108, 109 (1996) (citing Dust v. Riviere, 277
Ark. 1, 638 S.W.2d 663 (1982)). The Parker Court went on to say that "[i]t is clear that the
benefit to specific private interests can indeed be a matter [that] would give the voter 'serious
grounds for reflection."' Id.
27 Id. at 392, 931 S.W.2d at 111 (emphasis added). Randall Bynum, Esq.
Opinion No. 2018-032
Page 9
based on your proposed ballot title, who owns the parcels or where they are
located within each county.
Moreover, it is unclear from your proposal whether the owner or owners of these
properties (and the initial licensed operator(s), if they are not one and the same)
would be constitutionally granted the exclusive right to have a casino on their
properties, be licensed casino operators, or both. If that, too, is your intention, I
believe this information would also give voters serious ground for reflection and
therefore must be disclosed in a ballot title for the measure.
As a final note, and while not reason alone for me to reject your popular name and
ballot title, I must mention that your ballot title is quite long, containing 1,036
words. As I have explained in the past,28 while the Court is willing to give the
citizen-initiative process under our constitution29 a liberal construction when
determining the sufficiency of a ballot title, 30 the Court has clearly stated "that
does not mean that liberality knows no bounds or [that] common sense has no
place in the matter."31 As the Court explained:
While neither the length nor complexity of the ballot title should be
a controlling factor, it is a consideration. The great majority of
Arkansas voters are limited, as a practical matter, in the amount of
time that can be spent considering such a proposal. Furthermore,
common sense requires that we ask whether the average voter can
make an intelligent considerate decision based on the ballot title.32
With these precedents in mind, prudence would suggest that you consider whether
a ballot title of a length like the one you have submitted would meet the Court's
standards for intelligent consideration by the voters in the allotted time.
28 See, e.g., Ops. Att'y Gen. 2017-055, 2017-042, 2016-099.
29 Ark. Const., art. 5, § 1 (Supp. 2017).
30 See Becker, supra note 19, 270 Ark. at 225, 604 S.W.2d at 558.
31 Dust v. Riviere, 277 Ark. at 6, 638 S.W.2d at 666.
32 Id. The Court, referencing its earlier opinion in Newton v. Hall, 196 Ark. 929, 120 S.W.2d 364
( 193 8), noted that "the length of the title could be a serious objection because the law recognizes
that an elector's time is limited in occupying a voting booth." Id. The Court ultimately held that
the ballot title, which was 706-words long in that case, was "so complex, detailed, lengthy,
misleading and confusing that the Arkansas voter cannot intelligently make a choice based on the
title." Id. Randall Bynum, Esq.
Opinion No. 2018-032
Page 10
CONCLUSION
The ambiguities noted above are not necessarily all the ambiguities contained in
your proposal, but they are sufficiently serious to require me to reject your popular
name and ballot title. I am unable to substitute language in a ballot title for your
measure due to these ambiguities. Further, additional ambiguities may come to
light on review of any revisions of your proposal.
My office, in the certification of ballot titles and popular names, does not address
the merits, philosophy, or ideology of proposed measures. I have no constitutional
role in the shaping or drafting of such measures. My statutory mandate 1s
embodied only in Ark. Code Ann. § 7-9-107, and my duty is to the electorate.
Based on what has been submitted, my statutory duty is to reject your proposed
ballot title for the fore~oing reasons and instruct you to redesign the proposed
measure and ballot title. 3
Sincerely,
------~ ,,. ~/:.l"Ll~7 .---·:::::;/- ,,.. I'"/~,,-..:;::::::::: ___ _
LESLIE RUTLEDGE
Attorney General
Enclosure
33 Ark. Code Ann.§ 7-9-107(c). Popular Name
AN AMENDMENT TO ALLOW FOUR CASINOS TO OPERA TE IN ARKANSAS, ONE
EACH AT A SPECIFICALLY DESIGNATED LOCATION WITHIN EACH OF THE
FOLLOWING FOUR COUNTIES: BENTON COUNTY, BOONE COUNTY, MILLER
COUNTY, AND PULASKI COUNTY
Ballot Title
AN AMENDMENT TO THE ARKANSAS CONSTITUTION AUTHORIZING
FOUR CASINOS IN ARKANSAS, ONE EACH AT A SPECIFICALLY
DESIGNATED LOCATION IN EACH OF THE FOLLOWING COUNTIES IN
ARKANSAS: BENTON COUNTY, AN APPROXIMATE 247 ACRE AREA AS
IDENTIFIED BY THE BENTON COUNTY ASSESSOR, AS OF MARCH 7, 2018,
AS PARCEL NUMBERS 18-10408-000, 18-10494-000, 18-10447-000 and 18-
10518-000, HA YING A STREET ADDRESS OF 16994 KINCHELOE ROAD
SILOAM SPRINGS, ARKANSAS AND MORE SPECIFICALLY DESCRIBED BY
LEGAL DESCRIPTION IN THIS AMENDMENT; BOONE COUNTY, AN
APPROXIMATE 62 ACRE AREA AS IDENTIFIED BY THE BOONE COUNTY
ASSESSOR, AS OF MARCH 26, 2018 AS PARCEL NUMBERS 021-07943-002,
021-07943-000C, 021-07955-002C, 021-07939-000 and 021-07939-001, HAVING
STREET ADDRESSES OF 13721, 13721A AND 13781 BIRD LANE, OMAHA,
ARKANSAS AND MORE SPECIFICALLY DESCRIBED BY LEGAL
DESCRIPTION IN THIS AMENDMENT; MILLER COUNTY, AN
APPROXIMATE 35 ACRE AREA AS IDENTIFIED BY THE MILLER COUNTY
ASSESSOR, AS OF MARCH 26, 2018, AS A PORTION OF PARCEL NUMBER
0840020, HAVING A STREET ADDRESS OF 7815 U.S. HIGHWAY 67 EAST,
TEXARKANA, ARKANSAS, AND MORE SPECIFICALLY DESCRIBED BY
LEGAL DESCRIPTION IN THIS AMENDMENT; AND PULASKI COUNTY, AN
APPROXIMATE 200 ACRE AREA AS IDENTIFIED BY THE PULASKI
COUNTY ASSESSOR, AS OF MARCH 21, 2018, AS PARCEL NUMBERS
44R0290000500, 44R0290000600, 44R0200006300 and 44R0300000100,
LOCATED BETWEEN CRYSTAL VALLEY ROAD AND LAWSON ROAD,
PULASKI COUNTY, ARKANSAS AND MORE SPECIFICALLY DESCRIBED
BY LEGAL DESCRIPTION IN THIS AMENDMENT; ALL BEING SUBJECT TO
ALL APPLICABLE ST A TE LAWS AND LOCAL ORDINANCES RELATED
TO HEALTH AND BUILDING CODES, OR ANY RELATED REQUIREMENT
AND PROVISIONS, BUT PROVIDING THAT NO LOCAL ZONING, LAND
USE LAWS, SUBDIVISION REGULATIONS OR SIMILAR PROVISIONS
SHALL PROHIBIT THE DEVELOPMENT OR OPERATION OF THE
CASINOS AUTHORIZED BY THIS AMENDMENT AND PROVIDING THAT
NO CASINO SHALL BE LOCATED IN AN AREA ZONED EX CL US IVEL Y
RESIDENTIAL AS OF JANUARY I, 2018; PROVIDING THAT THE
CASINOS SHALL BE SUBJECT TO THE LAWS ENACTED BY THE GENERAL ASSEMBLY IN ACCORD WITH THIS AMENDMENT AND
REGULATIONS PROMULGATED BY THE ARKANSAS GAMING
COMMISSION IN ACCORD WITH LAWS ENACTED BY THE GENERAL
ASSEMBLY; DEFINING CASINO GAMING AND GAMING AS DEALING,
OPERATING, CARRYING ON, CONDUCTING, MAINTAINING, OR
EXPOSING FOR PLAY ANY GAME PLA YEO WITH CARDS, DICE,
EQUIPMENT, OR ANY MECHANICAL, ELECTROMECHANICAL, OR
ELECTRONIC DEVICE OR MACHINE FOR MONEY, PROPERTY, CHECKS,
CREDIT, OR ANY REPRESENTATIVE VALUE; CREA TING THE
ARKANSAS GAMING COMMISSION TO REGULA TE CASINOS IN ACCORD
WITH LAWS ENACTED BY THE GENERAL ASSEMBLY, WITH THE
ARKANSAS GAMING COMMISSION COMPRISED OF FIVE (5)
COMMISSIONERS, EACH APPOINTED BY THE GOVERNOR FOR
STAGGERED 5-YEAR TERMS; PROVIDING FOR THE GENERAL ASSEMBLY
TO APPROPRIATE MONIES TO OR FOR THE USE OF THE ARKANSAS
GAMING COMMISSION; REQUIRING EACH CASINO TO PAY TO THE
ARKANSAS ST A TE TREASURY A NET CASINO GAMING RECEIPTS TAX
EQUAL TO TWENTY PERCENT (20%) OF ITS ANNUAL NET CASINO
GAMING RECEIPTS; AND PROVIDING THAT THE NET CASINO GAMING
RECEIPTS TAX REVENUE SHALL BE DISTRIBUTED SEVENTY PERCENT
(70%) TO THE STATE HIGHWAY AND TRANSPORTATION DEPARTMENT
FUND AS IDENTIFIED IN ARK. CODE ANN. SECTION 19-6-405 OR ITS
SUCCESSOR FUND, FIFTEEN PERCENT (15%) TO BE EQUALLY DIVIDED
AMONG ALL OTHER COUNTIES IN ARKANSAS IN WHICH A CASINO IS
NOT OPERA TING DURING THE MONTH FOR WHICH THE NET CASINO
GAMING RECEIPTS TAX IS PAID, EIGHT PERCENT (8%) TO THE GENERAL
REVENUE FUND, THREE PERCENT (3%) TO THE ARKANSAS ECONOMIC
DEVELOPMENT COMMISSION INDUSTRY TRAINING PROGRAM OR ITS
SUCCESSOR PROGRAM, ONE PERCENT (1 %) TO THE ARKANSAS
DEPARTMENT OF HUMAN SERVICES FOR GAMBLING DISORDER
PREVENTION SERVICES, ONE PERCENT (1%) TO THE COUNTY IN WHICH
THE CASINO IS LOCATED, AND TWO PERCENT (2%) TO THE CITY OR
TOWN IN WHICH THE CASINO IS LOCATED AND, IN THE EVENT THE
CASINO IS NOT LOCATED WITHIN A CITY OR TOWN, THEN THE TWO
PERCENT (2%) ALLOCATED TO THE CITY OR TOWN SHALL GO TO THE
COUNTY IN WHICH THE CASINO IS LOCATED; DEFINING ANNUAL NET
CASINO GAMING RECEIPTS AS GROSS RECEIPTS FOR A 12-MONTH
PERIOD FROM CASINO GAMING LESS AMOUNTS PAID OUT OR
RESERVED AS WINNINGS TO CASINO PATRONS FOR THAT 12-MONTH
PERIOD; SUBJECTING EACH CASINO TO THE SAME INCOME,
PROPERTY, SALES, USE, EMPLOYMENT AND OTHER TAXATION AS ANY
FOR-PROFIT BUSINESS LOCATED IN THE COUNTY AND CITY OR TOWN
IN WHICH THE CASINO IS LOCATED, EXCEPT THAT THE ARKANSAS
GROSS RECEIPTS ACT OF 1941, AND ANY AMENDMENTS OR
REPLACEMENTS THERETO, AND LOCAL GROSS RECEIPTS TAXES SHALL NOT APPLY TO CASINO GAMING RECEIPTS, AND NO
ADDITIONAL STATE OR LOCAL TAXES, FEES, OR ASSESSMENTS SHALL
BE IMPOSED ON THE CASINOS EXCEPT AS AUTHORIZED IN THIS
AMENDMENT; ALLOWING A CASINO TO OPERA TE ANY DAY FOR ANY
PORTION OR ALL OF ANY DAY; ACKNOWLEDGING THAT CURRENT
ARKANSAS LAW PROHIBITS SELLING OR COMPLIMENT ARY SERVING OF
ALCOHOLIC BEVERAGES ON CHRISTMAS DAY, BUT ALLOWING THE
SELLING OR COMPLIMENTARY SERVING OF ALCOHOLIC BEVERAGES
IN CASINOS DURING ALL HOURS THE CASINO OPERATES BUT
OTHERWISE SUBJECT TO ALL APPLICABLE ARKANSAS LAWS
INVOLVING THE DISTRIBUTION AND SALE OF ALCOHOL; PERMITTING
THE SHIPMENT INTO ANY COUNTY OF ARKANSAS IN WHICH CASINO
GAMING IS AUTHORIZED OF GAMBLING DEVICES SHIPPED AND
DELIVERED IN ACCORDANCE WITH APPLICABLE FEDERAL LAW (15
USC§§ 1171-1178 AND AMENDMENTS AND REPLACEMENTS THERETO);
PROVIDING THAT THE GENERAL ASSEMBLY SHALL NOT AMEND ANY
PROVISION OF THIS AMENDMENT EXCEPT THAT THE GENERAL
ASSEMBLY BY A TWO-THIRDS VOTE MAY AMEND THE SECTION
CREA TING THE ARKANSAS GAMING COMMISSION AND SETTING
FORTH ITS POWERS AND THE SECTION SETTING FORTH THE TAXATION
OF CASINOS AND THE DISTRIBUTION OF SUCH TAXES; PROVIDING
THAT THE COUNTY IN WHICH A CASINO IS TO BE LOCATED MAY
PROHIBIT SUCH CASINO BY AN ELECTION IN SUCH COUNTY CALLED
BY A PETITION SIGNED BY THIRTY EIGHT PERCENT (38%) OF THE
REGISTERED VOTERS OF THE COUNTY AND PROVIDING THAT THE
COLLECTION OF SIGNATURES FOR SUCH PETITION SHALL NOT BEGIN
BEFORE NOVEMBER 7, 2018 AND SUCH PETITION SHALL BE FILED WITH
THE COUNTY CLERK OF SAID COUNTY BY JANUARY 7, 2019, AND IF
THE PETITION IS SUFFICIENT SAID ELECTION TO BE HELD WITHIN
THIRTY (30) DAYS OF FINAL LEGAL ACTIONS REGARDING THE
SUFFICIENCY OF THE PETITION; RENDERING THE PROVISIONS OF THIS
AMENDMENT SEVERABLE; DECLARING INAPPLICABLE ALL
CONSTITUTIONAL PROVISIONS AND LAWS TO THE EXTENT THEY
CONFLICT WITH THIS AMENDMENT, BUT NOT OTHERWISE
REPEALING, SUPERSEDING, AMENDING, OR OTHERWISE AFFECTING
AMENDMENT 84 (BINGO OR RAFFLES) OR AMENDMENT 87 (STATE
LOTTERY) TO THE ARKANSAS CONSTITUTION, OR ARKANSAS ACT
1151 OF 2005 (ELECTRONIC GAMES OF SKILL). FULL TEXT
An Amendment to the Constitution of the State of Arkansas enacted by the people of the State of
Arkansas:
§ 1. Short Title.
This Amendment shall be known and cited as "The Arkansas Casino Amendment of 2018."
§ 2. Authorizing Casinos and Casino Gaming.
(a) Casinos and casino gaming are hereby authorized in the State of Arkansas as provided in this
Amendment.
(b) The Arkansas General Assembly shall from time to time enact laws, and appropriate monies
to or for the use of the Arkansas Gaming Commission created under section 3 of this
Amendment, to fulfill the purposes of this Amendment. Initial laws and appropriations enacted
by the General Assembly pursuant hereto shall be in full force and effect no later than June 30,
2019.
(c) A casino means a facility where casino gaming is conducted as authorized by this
Amendment.
(d) Casino gaming means to deal, operate, carry on, conduct, maintain, or expose for play any
game played with cards, dice, equipment, or any mechanical, electromechanical, or electronic
device or machine for money, property, checks, credit, or any representative value.
§ 3. Commission Created - Members - Powers.
(a) There is hereby created the Arkansas Gaming Commission. The regulation of the casinos
authorized by this Amendment, and the administration of the laws pertaining thereto, are hereby
vested in the Arkansas Gaming Commission. The Arkansas Gaming Commission shall from
time to time adopt regulations to regulate casinos and casino gaming in Arkansas in accord with
laws enacted by the General Assembly. Initial regulations adopted by the Arkansas Gaming
Commission shall be in full force and effect no later than December 31, 2019.
(b) The Arkansas Gaming Commission shall be comprised of five Commissioners, all of whom
shall be appointed by the Governor. The first Commissioners of the Arkansas Gaming
Commission shall be appointed no later than March 31, 2019, by the Governor for terms of one,
two, three, four, and five years, respectively. The terms of the persons so appointed shall be
determined by lot. Upon the expiration of the foregoing terms of said Commissioners,
successors shall be appointed by the Governor for terms of five years. Commissioners may
succeed themselves. Any vacancy arising in the membership on the Arkansas Gaming
Commission for any reason other than the expiration of the regular term for which the
Page 1 of 11 Commissioner was appointed shall be filled by appointment by the Governor, to be thereafter
effective until the expiration of such regular term.
(c) The Governor shall have the power to remove any Commissioner for cause only, after notice
and hearing before the Arkansas Gaming Commission. Such removal shall become effective
only when approved in writing by a majority of the total number of Commissioners, but without
the right to vote by the Commissioner removed or by the successor Commissioner, which action
shall be filed with the Secretary of State together with a complete record of the proceedings at
the hearing. An appeal may be taken to the Pulaski County Circuit Court by the Governor or the
Commissioner ordered removed, and the same shall be tried de novo on the record. An appeal
may be taken from the Circuit Court to the Arkansas Supreme Court, which shall likewise be
tried de novo.
§ 4. Authorized Locations.
(a) Casinos allowed under this Amendment shall be located at the specifically designated
location in each of the following Arkansas counties, with no more than one casino at each
location, and all licenses hereunder being subject to the laws enacted by the General Assembly in
accord with this Amendment and regulations promulgated by the Arkansas Gaming Commission
in accord with laws enacted by the General Assembly:
(1) Benton County: An approximate 247 acre area in Benton County, Arkansas, as identified
by the Benton County Assessor, as of March 7, 2018, as parcel numbers 18-10408-000,
18-10494-000, 18-1044 7-000 and 18-10518-000, having a street address of 16994
Kincheloe Road Siloam Springs, Arkansas and more specifically described as: A part of
the SE 114 of the SE Y4 of Section 6, and a part of the S Y:z of Section 5, and a part of the W
Y:z of the SW Y4 of Section 4, and a part of the NW Y4 of the NW 114 of Section 9, and a
part of the N Y:z of Section 8, all in Township 17 North, Range 32 West, Benton County,
Arkansas, being more particularly described as follows: BEGINNING at the NW comer
of the NW Y4 of the NW 114 of said Section 8; THENCE along the West line of said NW Y4
of the NW 114 of said Section 8, S 01°23'16" W 754.87 feet to the North line of Highway
412; THENCE along said North line of Highway 412 the following courses and
distances: S 68°31'10" E 84.18 feet; THENCE S 74°04'02" E 499.95 feet; THENCE S
74°04'34" E 500.06 feet; THENCE S 74°04'02" E 398.68 feet; THENCE S 75°50'00" E
243.49 feet; THENCE S 78°22'40" E, 243.46 feet; THENCE S 81°36'21" E, 389.59 feet;
THENCE S 87°53'48
11
E 395.41 feet; THENCE S 85°24'30
11
E 499.90 feet; THENCE N
88°53'36
11
E 201.03 feet; THENCE S 84°15'55
11
E 500.10 feet; THENCE N 63°09'34
11
E
59.66 feet; THENCE leaving said North line of Highway 412, N 01°22'07
11
E 766.46 feet
along the West line of the NE Y4 of the NE Y4 of said Section 8; THENCE leaving said
West line of the NE
1
!i of the NE 'Ii of said Section 8, S 88°52'58
11
E 1314.98 feet to the
East line of the NE Y4 of the NE Y4 of said Section 8; THENCE S 88°58'09
11
E 669.45 feet;
THENCE N 01°08'57
11
E 2525.52 feet to the centerline of the Illinois River; THENCE
along said centerline of the Illinois River the following courses and distances: S
40°09'49
11
W 451.10 feet; THENCE S 43°54'45
11
W 390.41 feet; THENCE S 51°04'53
11
W
497.83 feet; THENCE S 58°29'48
11
W 257.48 feet; THENCE S 84°01'01" W 269.22 feet;
THENCE s 87°00'05
11
w 642.90 feet; THENCE N 85°14'40
11
w 183.84 feet; THENCE N
Page 2of11 37°42'41
11
W 528.71 feet; THENCE N 36°30'27
11
W 305.33 feet; THENCE N 66°29'56
11
W 101.88 feet; THENCE S 84°45'05
11
W 156.25 feet; THENCE S 80°04'26
11
W 200.12
feet; THENCE S 66°14'33
11
W 160.64 feet; THENCE S 61°15'40
11
W 95.26 feet;
THENCE S 88°33'45
11
W 183.19 feet; THENCE S 66°37'18
11
W 442.36 feet; THENCE S
64°34'55
11
W 249.26 feet; THENCE S 71°09'45
11
W 276.81 feet; THENCE S 74°44'23
11
W
279.80 feet; THENCE S 82°59'32
11
W 254.13 feet; THENCE S 69°27'36
11
W 115.08 feet;
THENCE S 63°49'41
11
W 181.60 feet; THENCE N 89°15'43
11
W 101.58 feet; THENCE N
70°26'19
11
W 428.28 feet; THENCE S 43°35'06
11
W 253.48 feet; THENCE S 40°04'44
11
W
599.51 feet; THENCE S 37°25'32
11
W 151.05 feet; THENCE S 49°33'06
11
W 60.84 feet to
the South line of the SE Y4 of the SE Y4 of said Section 6; THENCE along said South line
of the SE Y4 of the SE Y4 of said Section 6, S 88°47'42
11
E 553.28 feet to the POINT OF
BEGINNING, containing 280.58 acres, more or less, subject to rights-of-way, protective
covenants, and/or easements, if any. LESS & EXCEPT: a part of the SW Y4 of Section 5
and a part of the SE Y4 of Section 6 and a part of the NW Y4 of Section 8, all in Township
17 North, Range 32 West, Benton County, Arkansas, being more particularly described
as follows: BEGINNING at the NW corner of the NW Y4 of the NW Y4 of said Section 8;
THENCE along the West line of said NW Y4 of the NW Y4 of said Section 8 S 01°23' 16"
W 754.87 feet to the North line of Highway 412; THENCE along said North line of
Highway 412 the following courses and distances: S 68°31' 10" E 84.18 feet; S 74°04'02"
E 499.95 feet; S 74°04'34" E 81.21 feet; THENCE leaving said North line of Highway
412 N 67°06'18" E 714.91 feet; THENCE N 47°46'03" W 299.93 feet; THENCE N
48°29'33" W 225.73 feet; THENCE N 48°27'44" W 307.63 feet; THENCE N 22°00'18"
W 60.02 feet; THENCE N 03°01'16"E374.49 feet; THENCE N 02°15'10" E 285.65
feet; THENCE N 04°02'12" E 66.67 feet to the centerline of the Illinois River; THENCE
along said centerline of the Illinois River the following courses and distance: N
89°15'43" W 101.58 feet; N 70°26'19" W 428.28 feet; S 43°35'06" W 253.48 feet; S
40°04'44" W 599.51feet;S37°25'32" W 151.05 feet; S 49°33'06" W 60.84 feet to the
South line of the SE Y4 of the SE Y4 of said Section 6; THENCE along said South line of
the SE Y4 of the SE Yi of said Section 6 S 88°47'42" E to the POINT OF THE
BEGINNING, containing 33.66 acres, more or less. subject to the rights-of-way and
easements, if any.
The initial licensed casino operator of the casino in Benton County shall make an initial
investment of at least one hundred million dollars ($100,000,000) in land, capital
improvements and equipment for the development of the Benton County casino.
(2) Boone County: An approximate 62 acre area in Boone County, Arkansas, as identified
by the Boone County Assessor, as of March 26, 2018, as parcel numbers 021-07943-002,
021-07943-000C, 02 l-07955-002C, 021-07939-000 and 021-07939-001, and having
street addresses of 13721, 13721A and 13781 Bird Lane, Omaha, Arkansas, more
specifically described as: A part of the NE Y4 of the SE Y4 of Section 8, and a part of the
NW Y4 of the SW Y4 of Section 9, all in Township 21 North, Range 21 West, Boone
County, Arkansas, more particularly described as follows: COMMENCING at the SE
comer of the NE Y4 of the SE Y4 of said Section 8; THENCE N 87°52'32
11
W 423.29 feet
to the center line of existing road easement for the POINT OF BEGINNING; THENCE
leaving said center line of existing road easement N 87°52'32
11
W 51.64 feet to the center
Page 3of11 line of a 30 foot road easement; THENCE leaving said center line of 30 foot road
easement N 87°52'32
11
W 838.80 feet; THENCE N 00°30'12" E 198.00 feet; THENCE N
68°00'19" E 1148.16 feet to the Westerly R/W of the New U.S. Highway 65; THENCE
with said Westerly R/W S 64°29'10" E 172.09 feet; THENCE S 44°30'10
11
E 331.15 feet;
THENCE S 14 °29'20
11
W 108.67 feet to the centerline of existing road easement;
THENCE leaving said Westerly R/W of New U.S. Highway 65 and following said center
line of existing road easement S 79°07'03" W 75.77 feet; THENCE S 81°37'45
11
W
170.65 feet; THENCE S 60°22'33
11
W 117.24 feet; THENCE S 53°32
1
09
11
W 131.08 feet;
THENCE S 50°42'47
11
W 111.33 feet to the POINT OF BEGINNING and containing
13.10 acres, more or less, and subject to existing easements and road right-of-ways. Also
subject to a 30 foot road easement located in the NE 114 of the SE 114 of said Section 8,
more particularly described as follows: COMMENCING at the SE corner of the NE 114 of
the SE 114 of said Section 8; THENCE N 87°52'32
11
W 474.93 feet to the centerline of said
30 foot road easement for the POINT OF BEGINNING; THENCE with said center line
of30 foot road easement N 32°23'42
11
E 25.00 feet; THENCE N 69°06'38
11
E 133.13 feet
to the center line of existing road easement for its terminus AND a part of the SE 114 of the
SE 114 of Section 8, Township 21 North, Range 21 West, Boone County, Arkansas, more
particularly described as follows: COMMENCING at a found stone at the NE corner of
the SE 114 of the SE 114 of said Section 8; THENCE with North line of said forty N
87°52'32" W 492.17 feet to the West side of a 30 foot roadway easement for the POINT
OF BEGINNING; THENCE leaving said North line of forty and following West side of
said 30 foot roadway easement S 32°23'43
11
W 89.39 feet; THENCE leaving said West
side of 30 foot roadway easement N 64°33'18
11
W 195.02 feet to the North line of said
forty; THENCE with North line of said forty S 87°52'32
11
E 224.14 feet to the POINT OF
BEGINNING and containing 0.20 acres and subject to existing easements and right of
ways AND All that part of the SE 114 of the NE 114 of Section 8, Township 21 North,
Range 21 West, lying West of the U.S. Highway No. 65. Also, the NE 114 of the SE 114 of
Section 8; and all that part of the NW 114 of the SW 114 of Section 9, Township 21 North,
Range 21 West lying West ofU. S. Highway No. 65, EXCEPT THE FOLLOWING:
BEGINNING at the NE Corner of the SE 114 of the NE 114 of said Section 8; THENCE N
86°03' W along the North line thereof 648. l feet to a point on the existing southwesterly
right-of-way line of Highway No. 65 for the POINT OF REAL BEGINNING; THENCE
in a southeasterly direction along said existing right-of-way line on a curve right having a
radius of 596.62 feet a distance of 222.4 feet to a point on the proposed southwesterly
right-of-way line of said highway; THENCE N 75°36' W along said proposed right-of-
way line 424. l feet to a point on the North line of the SE 114 of the NE 114 of said Section
8; THENCE S 86°03' E along said North line 209.7 feet to the POINT OF REAL
BEGINNING. ALSO EXCEPT THE FOLLOWING: BEGINNING at the NE comer of
the SE 114 of the NE 114 of said Section 8; THENCE N 86°03' W along the North line
thereof 648.1 feet to a point on the existing southwesterly right-of-way line of Highway
No. 65; THENCE in a southeasterly direction along said existing right-of-way line on a
curve right having a radius of 596.62 feet a distance of 313 .5 feet to a point on the
proposed southwesterly right-of-way line of said Highway for the POINT OF REAL
BEGINNING; THENCE continue in a southeasterly direction along said existing right-
of-way line on a curve right having a radius of 596.62 feet a distance of 344.0 feet to a
point; THENCE S 13°13 '41" E along said existing right-of-way line 609.5 feet to a point
Page 4of11 on the proposed southwesterly right-of-way line of said Highway; THENCE N 39°43' W
along said proposed right-of-way line 408.6 feet to a point; THENCE N 04°39' W along
said proposed right-of-way line 575.5 feet to the POINT OF REAL BEGINNING. ALSO
EXCEPT THE FOLLOWING: A part of the SE Yi of the Fractional NE Yi of Section 8,
Township 21 North, Range 21 West, Boone County, Arkansas, more particularly
described as follows: BEGINNING at a found flat iron stake at the NW comer of the SE
Yi of the Fractional NE Yi of said Section 8; THENCE N 89°41 '24" E 400.00 feet to a set
iron pin; THENCE S 00°33' 19" E I 00.00 feet to a set iron pin; THENCE S 89°41 '24" W
400.00 feet to a set iron pin; THENCE N 00°33' 19" W I 00.00 feet to the POINT OF
BEGINNING. Subject to existing easements and right of ways. ALSO EXCEPT THE
FOLLOWING: BEGINNING at the SW comer of the NW Yi of the SW Yi of said Section
9; THENCE East 1115 feet to the West right-of-way line ofU. S. Highway No. 65;
THENCE N 36 Yz0 W along said right-of-way line 300 feet; THENCE N 42°20' W along
said line 938 feet; THENCE in a Southwesterly direction to a point 198 feet North of the
SW comer of the NE Yi of the SE Yi of said Section 8; THENCE South 198 feet to the
SW comer thereof; THENCE East along the South line of the said NE Yi of the SE Yi to
the SW comer of the NW Yi of the SW Yi of said Section 9, the POINT OF BEGINNING.
ALSO EXCEPT THE FOLLOWING: Part of the SE Yi of the NE Yi and part of the NE Yi
of the SE Yi of said Section 8, also part of the NW Yi of the SW Yi and part of the SW Yi
of the NW Yi of said Section 9, all in Township 21 North, Range 21 West, Boone County,
Arkansas, described as follows: STARTING at the NW comer of the said SE Yi of the
NE Yi of Section 8; THENCE S 88°22 '34" E along the North line thereof for a distance of
664.88 feet; THENCE S 64°12'55" E for a distance of 269.90 feet to a point on the
existing controlled access right of way ofU. S. Highway 65 and to the POINT OF
BEGINNING; THENCE S 02°14'49" E along the proposed right of way of Highway 65
for a distance of 318.02 feet; THENCE S 22°58'09" W along the proposed right of way
ofU. S. Highway 65 for a distance of 366.46 feet; THENCE S 49°40'02" E along the
proposed right of way ofU. S. Highway 65 for a distance of 276.99 feet; THENCE S
12°46'43" E along the proposed right of way ofU. S. Highway 65 for a distance of
314.03 feet; THENCE S 50°28'31" W along the proposed right of way of U. S. Highway
65 for a distance of 278.57 feet; THENCE S 69°49'38" E along the proposed right of way
of U. S. Highway 65 for a distance of 320.16 feet; THENCE S 18°29' 14" E along the
proposed right of way of U.S. Highway 65 for a distance of 250.00 feet; THENCE S
53°04'4 l" W along the proposed right of way of U. S. Highway 65 for a distance of
316.23 feet; THENCE S 63°29'14" E along the proposed right of way of U.S. Highway
65 for a distance of 33.87 feet; THENCE N 69°20'29" E along the South property line for
a distance of 620.92 feet to the existing Westerly right of way ofU. S. Highway 65;
THENCE along a curve to the right having a radius of 1472.55 feet to an arch length of
685 .32 feet, being substended by a chord of N 25°03 '29" W for a distance of 679 .15 feet
along said existing right of way; THENCE N 14°34'26" W along said existing right of
way for a distance of 130.55 feet to the existing controlled access of U.S. Highway 65;
THENCE N 40°37'21" W along said existing controlled right of way for a distance of
408.60 feet; THENCE N 05°33 '2 l" W along said existing controlled right of way for a
distance of 575.50 feet; THENCE along a curve to the left having a radius of 596.62 feet
and an arc length 41.30 feet being substended by a chord of N 49°09' 34" W along said
Page 5of11 controlled right of way for a distance of 41.29 feet to the POINT OF BEGINNING
containing 9.38 acres, more or less.
The initial licensed casino operator of the casino in Boone County shall make an initial
investment of at least one hundred million dollars ($100,000,000) in land, capital
improvements and equipment for the development of the Boone County casino.
(3) Miller County: An approximate 35 acre area in Miller County, Arkansas, as identified by
the Miller County Assessor, as of March 26, 2018, as a portion of parcel number
0840020, and having a street address of 7815 U.S. Highway 67 East, Texarkana,
Arkansas, more specifically described as: All that certain lot, tract, or parcel of land
lying and situated in the N Yi of Section 30, Township 14 South, Range 27 West, Miller
County, Arkansas, and being more particularly described by metes and bounds as
follows: COMMENCING at a W' steel rod found for a corner, said line being on a line
for the North boundary line of U.S. Highway 67, and also being on the South line of the
SE Vi of the NW Vi of said Section 30, and also being the POINT OF BEGINNING;
THENCE N 87°17'37" W 1563.73 Feet to a found W' steel rod for a comer, said rod also
being the SW corner of the SW Vi of the NW Vi of said Section 30; THENCE N
02°12'58" E 1554.23 Feet along the West line of the said SW Vi of the NW Vi, and
extending along the West line of the NW Vi of the NW Vi of said Section 30 to a Yz" steel
rod found for a corner lying on the South Right-of Way line oflnterstate 30; THENCE S
50°29' 50" E 2199. 79 Feet to a point for a corner, said point being on the North Right-of-
Way line of U.S. Highway 67, and also being in the SE Vi of the NW Vi of said Section
30; THENCE S 40°39'26" W 300 Feet along the North Right-of-Way line of U.S.
Highway 67 to the POINT OF BEGINNING and containing 35.47 Acres of land, more or
less, and being subject to all easements by utilities, and or roads.
The initial licensed casino operator of the casino in Miller County shall make an initial
investment of at least sixty million dollars ($60,000.00) in land, capital improvements,
and equipment for the development of the Miller County casino.
(4) Pulaski County: An approximate 200 acre area in Pulaski County, Arkansas, as
identified by the Pulaski County Assessor, as of March 21, 2018, as parcel numbers
44R0290000500, 44R0290000600, 44R0200006300 and 44R0300000100, more
specifically described as: The N Yz of the NW Vi and the SW Vi of the NW Vi of Section
29, the NE Vi of the NE Vi of Section 30, the SW Vi of the SW Vi and a part of the NW Vi
of the SW Vi of Section 20, all being in Township 1 North, Range 13 West, Pulaski
County, Arkansas, more particularly described as follows: BEGINNING at the common
Section comer between Sections 19, 20, 29 and 30, Township 1 North, Range 13 West;
THENCE along the West line of said Section 20, N 01°4 7' 48" E a distance of 1732.82
feet; THENCE S 87°53'58" Ea distance of210.20 feet; THENCE N 01°47'20" Ea
distance of 722.76 feet; THENCE N 67° 23'49" Ea distance of 204.40 feet; THENCE N
04° 25'44" Ea distance of 79.90 feet; THENCE S 87°51 '48" Ea distance of240.22 feet;
THENCE S 03°05'58" Wadistance of306.71 feet; THENCE S 87°17'13" Ea distance
of200.00 feet; THENCE S 02°12'43" W a distance of 1012.64 feet; THENCE S
87°21' 16" E a distance of 467.42 feet to a 1/2 inch rebar near the NE comer of the SW Vi
Page 6of11 of the SW \/,i of said Section 20; THENCE S 00°52'51" W a distance of 1296.51 feet to
the W 1/16 comer of said Sections 29 and 20; THENCE S 87°50' 11" Ea distance of
1313.91 feet to the NE comer of the NE \/,i of the NW \/,i of said Section 29; THENCE S
01° 41 '0 l" W a distance of 1311.26 feet to the SE comer of the NE \/,i of the NW Y4 of
said Section 29; THENCE N 87° 44'45" W a distance of 1309.75 feet to the NW 1/16
comer of said Section 29; THENCE S 01°41 '02" W a distance of 1309 .45 feet to the SE
comer of the SW \/,i of the NW Y4 of said Section 29; THENCE N 87°35'15" W a distance
of 1307.88 feet to the W Y4 comer of said Section 29; THENCE N 01°27'3 l" Ea distance
of 1306.53 feet to the common N 1/16 comer between said Sections 29 and 30; THENCE
N 88°22'04" W a distance of 1319.82 feet to the SW comer of the NE \/,i of the NE Y4 of
said Section 30; THENCE N 01°04' 16" Ea distance of 1313.68 feet to the NW comer of
the NE \/,i of the NE Y4 of Section 30; THENCE S 88°03'43" Ea distance of 1328.75 feet
to the POINT OF BEGINNING. AND Being subject to a Permanent Easement recorded
as Instrument No. 2006036599, records of Pulaski County, Arkansas, being a part of the
SW \/,i of Section 20, Township 1 North, Range 13 West, more fully described as follows:
COMMENCING at the NW comer of said SW \/,i and run S 01°47'48" W along the West
line thereof for a distance of 315.04 feet to the South right of way line of Lawson Road;
THENCE N 62°35'35" E along the South right of way line of said Lawson Road for a
distance of 84.80 feet; THENCE N 61°45' 1 O" E along said South right of way for a
distance of 152.80 feet; THENCE with a curve turning to the right with an arc length of
3.74 feet, a radius of 475.00 feet, a chord bearing ofN 61°58'42" E, a chord length of
3.74 feet to the POINT OF BEGINNING; THENCE with a curve turning to the right with
an arc length of 19.54 feet, a radius of 475.00 feet, a chord bearing ofN 63°22'56" E,
with a chord length of 19 .54 feet to a point on the South right of way line of Lawson
Road; THENCE leaving said right of way, S 20°08'23" W a distance of 21.28 feet;
THENCE S 28°08' 16" W a distance of 21.52 feet; THENCE S 41°11'40" W a distance of
1.47 feet; THENCE N 01°47'20" Ea distance of 31.32 feet to the POINT OF
BEGINNING. LESS AND EXCEPT: A part of the SW Y4 of Section 20, Township 1
North, Range 13 West, Pulaski County, Arkansas and being more fully described as:
COMMENCING at a Found l" pipe marking the SW Comer of the SW Y4 of said Section
20, and run THENCE S 87°49'38" E along the South line thereof for a distance of
1313.91 feet; THENCE N 00°53'25" E for a distance of 408.92 feet to the POINT OF
BEGINNING of the land herein described; THENCE continuing N 00°53'25" E for a
distance of 887.58 feet; THENCE N 87°20'43" W for a distance of 801.44 feet;
THENCE S 45°39' 4 7" W for a distance of 105.67 feet to the point of curvature of a curve
to the left that has a delta angle of 59°39'56", a radius of 230.00 feet, and a chord bearing
and distance of S 15°49' 49" W for 228.84 feet; THENCE along the arc of said curve to
the left a distance of 239 .51 feet to the point of tangency of said curve to the left;
THENCE S 14°00'09" E for a distance of 433.78 feet to the point of curvature of a curve
to the right that has a delta angle of21°18'59", a radius of 320.00 feet, and a chord
bearing and distance of S 03°20'39" E 118.37 feet; THENCE along the arc of said curve
to the right a distance of 119.05 feet to the point of tangency of said curve to the right;
THENCE S 07°18'51" W for a distance of79.38 feet; THENCE S 89°06'35" E for a
distance of 823.14 feet to the POINT OF BEGINNING.
Page 7of11 The initial licensed casino operator of the casino in Pulaski County shall make an initial
investment of at least one hundred million dollars ($100,000,000) in land, capital
improvements and equipment for the development of the Pulaski County casino.
(b) Each of the casinos shall be subject to all applicable state laws and local ordinances related
to health and building codes, or any related requirements and provisions. Notwithstanding the
foregoing, no local zoning, land use laws, subdivision regulations or similar provisions shall
prohibit the development or operation of the casinos authorized herein, provided that no casino
shall be located in an area zoned exclusively residential as of January 1, 2018.
§ 5. Taxation.
(a) Each casino shall pay an annual net casino gaming receipts tax equal to twenty percent
(20%) of its annual net casino gaming receipts to the Arkansas State Treasury.
(b) The revenue generated by the net casino gaming receipts tax shall be distributed seventy
percent (70%) to the State Highway and Transportation Department Fund as identified in Ark.
Code Ann. Section 19-6-405 or its successor fund, fifteen percent (15%) to be equally divided
among all other counties in Arkansas in which a casino is not operating during the month for
which the net casino gaming receipts tax is paid, eight percent (8%) to the general revenue fund,
three percent (3%) to the Arkansas Economic Development Commission Industry Training
Program or its successor program, one percent ( 1 % ) to the Arkansas Department of Human
Services for gambling disorder prevention services, one percent (1 %) to the county in which the
casino is located, and two percent (2%) to the city or town in which the casino is located and, in
the event the casino is not located within a city or town, then the two percent (2%) allocated to
the city or town shall go to the county in which the casino is located.
(c) Annual net casino gaming receipts are defined as gross receipts for a 12-month period from
casino gaming, less amounts paid out or reserved as winnings to casino gaming patrons for that
12-month period. Amounts paid out or reserved as winnings to casino gaming patrons and the
annual net casino gaming receipts taxes paid or reser\red are deductible for purposes of
calculating the casino's net income under the Income Tax Act of 1929 (Ark. Code Ann. Sections
26-51-101 et seq.) and any amendments or replacements thereto.
( d) The tax imposed by Arkansas Gross Receipts Act of 1941 (Ark. Code Ann. Sections 26-52-
101 et seq.), any amendments or replacements thereto, and any related local gross receipts taxes,
shall not apply to casino gaming receipts, and no additional tax on casino gross receipts shall be
imposed by the State or by counties, municipalities or other units of local government. Except
for the exclusion in the previous sentence, each casino shall be subject to the same income,
property, sales, use, employment or other taxation or assessments as any for-profit business
located in the county and city or town in which the casino is located. No additional State or local
taxes, fees, or assessments shall be imposed on the casinos except as authorized in this
Amendment.
Page 8of11 § 6. Other Operational Provisions.
(a) Casinos may operate any or all days of the year and for any or all portions of a 24-hour day.
(b) Notwithstanding that current Arkansas law prohibits selling or complimentary serving of
alcoholic beverages on Christmas Day, Casinos shall be permitted to sell alcoholic beverages or
provide complimentary servings of alcoholic beverages during all hours in which the casino is
operating. Casinos shall be subject to all applicable Arkansas laws involving the distribution and
sale of alcohol that do not conflict with the previous sentence.
§ 7. Legal Shipment of Gambling Devices into State.
All shipments of gambling devices, including slot machines, into any county of this State within
which casino gaming is authorized, the registering, recording, and labeling of which has been
duly performed by the manufacturer and/or dealer thereof in accordance with 15 U.S.C. §§ 1171-
1178 and amendments and replacements thereto, shall be deemed legal shipments thereof into
any such county of this State within which casino gaming is authorized.
§ 8. Amendment by General Assembly.
(a) Except as provided in subsection (b) of this section, the General Assembly shall not amend
any provision of this Amendment.
(b) The General Assembly, in the same manner as required for amendment of laws initiated by
the people, may amend Section 3 and Section 5 of this Amendment, so long as the amendments
are germane to Section 3 and Section 5 and consistent with the policy and purposes of Section 3
and Section 5. :
§ 9. County Option.
(a) A county in which a casino is to be located under Section 4(a) of this Amendment may
prohibit the initial authorization under Section 4( a) of this Amendment if such a prohibition is
approved at an election pursuant to this section.
(b)(l) (A) An election under this section must be called by a petition signed by registered voters
in the designated county in a number equal to thirty eight percent (38%) of the registered voters.
(B) The collection of the signatures for the petition shall not begin before November 7,
2018.
(2) The petition shall be filed with the county clerk of the county in which the petition is
circulated by January 7, 2019.
(3) The county clerk shall verify the signatures on the petition and determine the sufficiency
of the petition no later than ten (l 0) days after the petition is submitted.
Page 9of11 ( 4) The total number of voters registered as certified by the county clerk to the Secretary of
State by June 1, 2018, pursuant to Amendment 51 of this Constitution, shall be the basis upon
which the number of signatures of qualified electors on petitions shall be computed.
(5) If no appeal is taken from the certification of the county clerk, the decision shall be
certified immediately to the county board of election commissioners, and the day for the election
shall be fixed by the county board of election commissioners for not later than thirty (30) days
after certification by the county clerk.
( c )(1) If an appeal is taken from the certification of the county clerk, it shall be taken within ten
(10) days and shall be considered by the circuit court within five (5) days after the appeal is
lodged with the court and shall have precedence over all other suits and matters before the court.
(2) The circuit court shall render its decision within ten (I 0) days thereafter.
(d)(l)(A) The circuit court's decision shall be certified immediately to the county board of
election commissioners, and the day for the election shall be fixed by the county board of
election commissioners for not later than thirty (30) days after the certification of the decision of
the circuit court.
(B) Any appeal from the final decision of the circuit court shall be taken within ten ( l 0)
days and shall be advanced and immediately determined by the Arkansas Supreme Court.
(2) If the Arkansas Supreme Court's decision is in favor of the petitioners, then the county
board of election commissioners shall set the day for the election, which shall be not later than
thirty (30) days after the final decision of the Arkansas Supreme Court on the matter.
(e) Except as provided in this Section 9, a petition for a county option election pursuant to this
section shall be governed by Article 5, § 1, of this constitution and statutes thereunder.
§ 10. Severability.
If any provision of this Amendment or the application of any such provision to any person or
circumstance is held invalid, the validity of any other provision of this Amendment, or the
application of such provision to other persons and circumstances, shall not be affected thereby,
and to this end the provisions of this Amendment are declared to be severable.
§ 11 Inconsistent Provisions Inapplicable.
All provisions of the Constitution of this State and statutes of this State, including, but not
limited to, laws forbidding the judicial enforcement of gambling debts and statutes declaring
gambling to be crimes, to the extent inconsistent or in conflict with any provision of this
Amendment are expressly declared null and void as to, and do not apply to, any activities
allowed under this Amendment. However, this Amendment does not repeal, supersede, amend,
or otherwise affect Amendment 84 (bingo or raffles) or Amendment 87 (state lottery) to the
Page 10of11 Arkansas Constitution, or Act 1151 of 2005 (electronic games of skill) (Ark. Code Ann. Sections
23-113-101 et seq.).
Page 11of11