SR131: SR131 Sports Betting and Casino Gambling Activities; operation and regulation; authorize the Georgia General Assembly - CA

25 LC 55 0439 Senate Resolution 131 By: Senators Summers of the 13th, Hickman of the 4th, Beach of the 21st and Anderson of the 24th A RESOLUTION Proposing an amendment to the Constitution of the State of Geor gia so as to authorize the1 Georgia General Assembly to provide by law for the operation an d regulation of sports2 betting and casino gambling activities in this state; to provide for the regulation and taxation3 of such activities; to provide for the allocation of revenues derived from such activities; to4 provide for related matters; to provide for the submission of this amendment for ratification5 or rejection; and for other purposes.6 BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:7 SECTION 1.8 Article I, Section II of the Constitution is amended in Paragraph VIII, relating to lotteries and9 nonprofit bingo games, by revising the caption and subparagraph (a) and by adding a new10 subparagraph to read as follows:11 "Paragraph VIII. Lotteries, and nonprofit bingo games, raffles by nonprofit12 organizations, betting, and casino gambling. (a) Except as herein specifically provided13 in this Paragraph VIII, all lotteries, and the sale of lottery tickets, and all forms of sports14 betting, pari-mutuel betting, and casino gambling are hereby prohibited; and this15 prohibition shall be enforced by penal laws."16 S. R. 131 - 1 - 25 LC 55 0439 "(e)(1) The General Assembly may by law provide for the operation and regulation of17 sports betting and casino gambling activities in this state.18 (2) For the purpose of taxation and regulation of the sports betting and casino gambling19 activities authorized by this subparagraph (e), the General Ass embly shall create a20 gaming commission and provide such commission with such powers and duties as21 necessary to provide appropriate regulation of such sports betting and casino gambling22 activities and to tax such activities.23 (3) All casino gambling activities authorized by this subparagraph (e) shall take place24 at a casino facility owned and operated by an individual or entity that has been issued a25 casino gaming license in this state, as no off-site casino gamb ling activities shall be26 permitted or authorized in this state. The General Assembly shall provide by law for the27 issuance of at least eight casino gaming licenses by the gaming commission and each28 such casino gaming license shall authorize the licensee to crea te and operate a single29 casino facility within this state; provided, however, that no individual or entity shall be30 issued more than one casino gaming license in this state and no individual or entity shall31 own an interest in more than one entity that has been issued a casino gaming license in32 this state.33 (4) The General Assembly shall provide by law for the taxation of the sports betting34 and casino gambling activities authorized by this subparagraph (e) at a rate of 20 percent35 of the gross income of such activities less any operating expen ses allowed by law,36 amounts paid out as winnings, and amounts permitted by law to be held in reserve. The37 proceeds derived from such taxation of the sports betting and casino gambling activities38 authorized by this subparagraph (e) shall be paid into and dedicated to a special trust fund39 to be created by the General Assembly and designated as the 'Georgia Gaming Proceeds40 Fund,' from which funds shall be disbursed in accordance with t he provisions of41 subparagraph (e)(5) of this Paragraph. All other proceeds derived from the regulation of42 such sports betting and casino gambling activities shall, notwithstanding the provisions43 S. R. 131 - 2 - 25 LC 55 0439 of Article VII, Section III, Paragraph II(a) and without any appropriation required by law,44 be used to pay the operating expenses of the gaming commission and, as may be provided45 by law, fund any operating reserves relating to the regulation of such sports betting and46 casino gambling activities, except that the net proceeds after payment of such operating47 expenses and the funding of such operating reserves shall be pa id into the Georgia48 Gaming Proceeds Fund.49 (5) All proceeds derived from the sports betting and casino ga mbling activities50 authorized by this subparagraph (e) that are required to be paid into the Georgia Gaming51 Proceeds Fund shall not be subject to the provisions of Article III, Section IX, Paragraph52 VI, relating to the allocation of proceeds, or Article VII, Sec tion III, Paragraph II(a),53 relating to payment into the general fund of the state treasury , and shall be separately54 accounted for and specifically identified by the Governor in hi s or her annual budget55 presented to the General Assembly as a separate budget category entitled 'Gaming56 Commission Proceeds.' The first $2 billion of such proceeds th a t a r e p a i d i n t o t h e57 Georgia Gaming Proceeds Fund shall be evenly appropriated by the General Assembly58 to the governing authorities of each county in this state. Thereafter, all such additional59 proceeds that are paid into the Georgia Gaming Proceeds Fund shall be appropriated by60 the General Assembly for any purpose; provided, however, that:61 (A) The first $500 million of such additional proceeds paid into the Georgia Gaming62 Proceeds Fund each fiscal year shall be evenly appropriated by the General Assembly63 to the governing authorities of each county in this state until a total of at least $5 billion64 has been appropriated to the governing authorities of such coun ties under this65 subparagraph; and66 (B) At least 5 percent of such additional proceeds beyond any proceeds required to67 be appropriated by the General Assembly to the governing authorities of each county68 of this state pursuant to subparagraph (e)(5)(A) of this Paragraph shall be appropriated69 by the General Assembly for programs and services that seek to prevent individuals70 S. R. 131 - 3 - 25 LC 55 0439 from experiencing, and providing assistance to individuals who experience, addiction71 or other problems relating to betting or gambling.72 (6) The appropriation of such proceeds derived from the sports betting and casino73 gambling activities authorized by this subparagraph (e) that ar e made pursuant to74 subparagraph (e)(5) of this Paragraph shall not be subject to the provisions of Article III,75 Section IX, Paragraph IV(c), relating to the lapsing of funds.76 SECTION 2.77 The above proposed amendment to the Constitution shall be publi shed and submitted as78 provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the79 above proposed amendment shall have written or printed thereon the following:80 "( ) YES81 ( ) NO82 83 Shall the Constitution of Georgia be amended so as to authorize the General Assembly to provide by law for the operation and regulation of sports betting and casino gambling activities in this state?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes."84 All persons desiring to vote against ratifying the proposed amendment shall vote "No." If85 such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall86 become a part of the Constitution of this state.87 S. R. 131 - 4 -