HR450: HR450 General Assembly; authorize sports betting in Georgia; provide by law - CA

25 LC 55 0450 House Resolution 450 By: Representatives Wiedower of the 121 st, Martin of the 49 th, Williams of the 168 th, Williams of the 148th, Hugley of the 141st, and others 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 general law for sports b etting in this state; to2 provide for the regulation and allocation of revenues of such activities; to provide for related3 matters; to provide for the submission of this amendment for ratification or rejection; and for4 other purposes.5 BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:6 SECTION 1.7 Article I, Section II of the Constitution is amended by revising Paragraph VIII as follows:8 "Paragraph VIII. Lotteries, and nonprofit bingo games, raffles by nonprofit9 organizations, and sports betting . (a) Except as herein specifically provided in this10 Paragraph VIII, all lotteries, and the sale of lottery tickets, and all forms of sports betting,11 pari-mutuel betting, and casino gambling are hereby prohibited; and this prohibition shall12 be enforced by penal laws.13 (b) The General Assembly may by law provide that the operation of a nonprofit bingo14 game shall not be a lottery and shall be legal in this state. The General Assembly may by15 law define a nonprofit bingo game and provide for the regulation of nonprofit bingo games.16 H. R. 450 - 1 - 25 LC 55 0450 (c) The General Assembly may by law provide for the operation and regulation of a17 lottery or lotteries by or on behalf of the state and for any matters relating to the purposes18 or provisions of this subparagraph. Proceeds derived from the lottery or lotteries operated19 by or on behalf of the state, as well as proceeds received by t he Georgia Lottery20 Corporation from its participation in any activities authorized by subparagraph (f) of this21 Paragraph, shall be used to pay the operating expenses of the lottery or lotteries, including22 all prizes, as well as the operating expenses of the Georgia Lottery Corporation relating to23 its participation in any activities authorized by subparagraph (f) of this Paragraph without24 any appropriation required by law, and for educational programs and purposes as25 hereinafter provided. Lottery proceeds and proceeds received b y the Georgia Lottery26 Corporation from its participation in any activities authorized by subparagraph (f) of this27 Paragraph shall not be subject to Article VII, Section III, Paragraph II ; Article III,28 Section IX, Paragraph VI(a); or Article III, Section IX, Paragraph IV(c), except that the net29 proceeds after payment of such operating expenses shall be subj ect to Article VII,30 Section III, Paragraph II. Net proceeds after payment of such operating expenses shall be31 separately accounted for and shall be specifically identified by the Governor in his or her32 annual budget presented to the General Assembly as a separate b udget category entitled33 'Lottery Proceeds, ' and the Governor shall make specific recommendations as to34 educational programs and educational purposes to which said net proceeds shall be35 appropriated. In the General Appropriations Act adopted by the General Assembly, the36 General Assembly shall appropriate all net proceeds of the lottery or lotteries and all net37 proceeds received by the Georgia Lottery Corporation from its p articipation in any38 activities authorized by subparagraph (f) of this Paragraph by such separate budget39 category to educational programs and educational purposes. Suc h net proceeds shall be40 used to support improvements and enhancements for educational programs and purposes41 and such net proceeds shall be used to supplement, not supplant , non-lottery o t h e r42 educational resources for educational programs and purposes. The educational programs43 H. R. 450 - 2 - 25 LC 55 0450 and educational purposes for which proceeds may be so appropriated shall include only the44 following:45 (1) Tuition grants, scholarships, or loans to citizens of this state to enable such citizens46 to attend colleges and universities located within this state, regardless of whether such47 colleges or universities are operated by the board of regents, or to attend institutions48 operated under the authority of the Department of Technical and Adult Education49 Technical College System of Georgia;50 (2) Voluntary pre-kindergarten;51 (3) One or more educational shortfall reserves in a total amou nt of not less than52 10 percent of the net proceeds of the lottery for the preceding fiscal year;53 (4) Costs of providing to teachers at accredited public instit utions who teach54 levels K-12, personnel at public postsecondary technical institutes under the authority of55 the Department of Technical and Adult Education Technical College System of Georgia,56 and professors and instructors within the University System of Georgia the necessary57 training in the use and application of computers and advanced e lectronic instructional58 technology to implement interactive learning environments in the classroom and to access59 the state-wide distance learning network; and60 (5) Capital outlay projects for educational facilities;61 provided, however, that no funds shall be appropriated for the items listed in paragraphs (4)62 and (5) of this subsection subparagraphs (c)(4) and (c)(5) of this Paragraph until all persons63 eligible for and applying for assistance as provided in paragra ph (1) of this subsection64 subparagraph (c)(1) of this Paragraph have received such assistance, all approved65 pre-kindergarten programs provided for in paragraph (2) of this subsection66 subparagraph (c)(2) of this Paragraph have been fully funded, and the education shortfall67 reserve or reserves provided for in paragraph (3) of this subsection subparagraph (c)(3) of68 this Paragraph have been fully funded.69 H. R. 450 - 3 - 25 LC 55 0450 (d) The General Assembly may by law provide for the operation and regulation of sports70 betting activities. The proceeds derived from the taxation of such sports betting activities71 shall be paid into and dedicated to a special trust fund to be created by the Georgia General72 Assembly and designated as the 'Georgia Sports Betting Proceeds Trust Fund,' from which73 funds shall be used as provided for in subparagraph (e) of this Paragraph. All other74 proceeds derived from the regulation of such sports betting activities shall, notwithstanding75 the provisions of Article VII, Section III, Paragraph II(a) and without any appropriation76 required by law, be used to pay the operating expenses and, as may be provided by law, to77 fund any operating reserves relating to the regulation of the s ports betting activities78 authorized by this subparagraph, except that the net proceeds a fter payment of such79 operating expenses and the funding of such operating reserves s hall be paid into the80 Georgia Sports Betting Proceeds Trust Fund.81 (e)(1) Proceeds derived from the sports betting activities aut horized by82 subparagraph (d) of this Paragraph that are required to be paid into the Georgia Sports83 Betting Proceeds Trust Fund shall not be subject to the provisions of Article III, Section84 IX, Paragraph VI, relating to the allocation of proceeds, or Ar ticle VII, Section III,85 Paragraph II(a), relating to payment into the general fund of the state treasury, and shall86 be specifically identified by the Governor in his or her annual budget presented to the87 General Assembly as a separate budget category entitled 'Sports Betting Proceeds.' Such88 proceeds that are paid into the Georgia Sports Betting Trust Fund shall be appropriated89 by the General Assembly as follows:90 (A) Fifteen percent of the first $150 million of such proceeds in a fiscal year shall be91 appropriated by the General Assembly for programs and services that seek to prevent92 individuals from experiencing, and provide assistance to individuals who experience,93 addiction or other problems relating to betting or gambling; and94 (B) Eighty-five percent of the first $150 million of such proceeds in a fiscal year and95 all such proceeds in excess of $150 million in a fiscal year shall be appropriated by the96 H. R. 450 - 4 - 25 LC 55 0450 General Assembly for voluntary pre-kindergarten and the other educational programs97 and purposes set forth in subparagraph (c) of this Paragraph.98 (2) Appropriations of such proceeds paid into the Georgia Spor ts Betting Proceeds99 Trust Fund by the General Assembly that are made pursuant to subparagraph (e)(1)(B)100 of this Paragraph shall not be subject to the provisions of Art icle III, Section IX,101 Paragraph IV(c), relating to the lapsing of funds.102 (f) The Georgia Lottery Corporation may be authorized by law t o participate in any103 sports betting activities provided for by the General Assembly pursuant to subparagraph (d)104 of this Paragraph; provided, however, that all proceeds receive d by the Georgia Lottery105 Corporation from its participation in such sports betting activ ities shall be used in106 accordance with the provisions of subparagraph (c) of this Para graph. Any proceeds107 derived from any tax imposed by law upon the Georgia Lottery Corporation's participation108 in such sports betting activities shall be used in accordance w ith the provisions of109 subparagraph (e) of this Paragraph.110 (d)(g) On and after January 1, 1995, the holding of raffles by nonpr ofit organizations111 shall be lawful and shall not be prohibited by any law enacted prior to January 1, 1994. 112 Laws enacted on or after January 1, 1994, however, may restrict, regulate, or prohibit the113 operation of such raffles."114 SECTION 2.115 The above proposed amendment to the Constitution shall be publi shed and submitted as116 provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the117 above proposed amendment shall have written or printed thereon the following:118 "( ) YES119 ( ) NO120 121 Shall the Constitution of Georgia be amended so as to authorize sports betting in this state to provide additional funding for pre-kindergarten and HOPE scholarships?" H. R. 450 - 5 - 25 LC 55 0450 All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." 122 All persons desiring to vote against ratifying the proposed amendment shall vote "No." If123 such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall124 become a part of the Constitution of this state.125 H. R. 450 - 6 -