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 Georgia so as to authorize the
Georgia General Assembly to provide by law for the operation and regulation of sports
betting and casino gambling activities in this state; to provide for the regulation and taxation
of such activities; to provide for the allocation of revenues derived from such activities; to
provide for related matters; to provide for the submission of this amendment for ratification
or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article I, Section II of the Constitution is amended in Paragraph VIII, relating to lotteries and
nonprofit bingo games, by revising the caption and subparagraph (a) and by adding a new
subparagraph to read as follows:
"Paragraph VIII. Lotteries, <del>and</del> nonprofit bingo games, <ins>raffles by nonprofit
organizations, betting, and casino gambling.</ins> (a) Except as herein specifically provided
in this Paragraph <del>VIII,</del> all lotteries, <del>and</del> the sale of lottery tickets, and all forms of <ins>sports
betting,</ins> pari-mutuel betting, and casino gambling are hereby prohibited; and this
prohibition shall be enforced by penal laws."
<ins>"(e)(1) The General Assembly may by law provide for the operation and regulation of
sports betting and casino gambling activities in this state.
(2) For the purpose of taxation and regulation of the sports betting and casino gambling
activities authorized by this subparagraph (e), the General Assembly shall create a
gaming commission and provide such commission with such powers and duties as
necessary to provide appropriate regulation of such sports betting and casino gambling
activities and to tax such activities.
(3) All casino gambling activities authorized by this subparagraph (e) shall take place
at a casino facility owned and operated by an individual or entity that has been issued a
casino gaming license in this state, as no off-site casino gambling activities shall be
permitted or authorized in this state. The General Assembly shall provide by law for the
issuance of at least eight casino gaming licenses by the gaming commission and each
such casino gaming license shall authorize the licensee to create and operate a single
casino facility within this state; provided, however, that no individual or entity shall be
issued more than one casino gaming license in this state and no individual or entity shall
own an interest in more than one entity that has been issued a casino gaming license in
this state.
(4) The General Assembly shall provide by law for the taxation of the sports betting
and casino gambling activities authorized by this subparagraph (e) at a rate of 20 percent
of the gross income of such activities less any operating expenses allowed by law,
amounts paid out as winnings, and amounts permitted by law to be held in reserve. The
proceeds derived from such taxation of the sports betting and casino gambling activities
authorized by this subparagraph (e) shall be paid into and dedicated to a special trust fund
to be created by the General Assembly and designated as the 'Georgia Gaming Proceeds
Fund,' from which funds shall be disbursed in accordance with the provisions of
subparagraph (e)(5) of this Paragraph. All other proceeds derived from the regulation of
such sports betting and casino gambling activities shall, notwithstanding the provisions
</ins>
<ins>of Article VII, Section III, Paragraph II(a) and without any appropriation required by law,
be used to pay the operating expenses of the gaming commission and, as may be provided
by law, fund any operating reserves relating to the regulation of such sports betting and
casino gambling activities, except that the net proceeds after payment of such operating
expenses and the funding of such operating reserves shall be paid into the Georgia
Gaming Proceeds Fund.
(5) All proceeds derived from the sports betting and casino gambling activities
authorized by this subparagraph (e) that are required to be paid into the Georgia Gaming
Proceeds Fund shall not be subject to the provisions of Article III, Section IX, Paragraph
VI, relating to the allocation of proceeds, or Article VII, Section III, Paragraph II(a),
relating to payment into the general fund of the state treasury, and shall be separately
accounted for and specifically identified by the Governor in his or her annual budget
presented to the General Assembly as a separate budget category entitled 'Gaming
Commission Proceeds.' The first $2 billion of such proceeds that are paid into the
Georgia Gaming Proceeds Fund shall be evenly appropriated by the General Assembly
to the governing authorities of each county in this state. Thereafter, all such additional
proceeds that are paid into the Georgia Gaming Proceeds Fund shall be appropriated by
the General Assembly for any purpose; provided, however, that:
(A) The first $500 million of such additional proceeds paid into the Georgia Gaming
Proceeds Fund each fiscal year shall be evenly appropriated by the General Assembly
to the governing authorities of each county in this state until a total of at least $5 billion
has been appropriated to the governing authorities of such counties under this
subparagraph; and
(B) At least 5 percent of such additional proceeds beyond any proceeds required to
be appropriated by the General Assembly to the governing authorities of each county
of this state pursuant to subparagraph (e)(5)(A) of this Paragraph shall be appropriated
by the General Assembly for programs and services that seek to prevent individuals
</ins>
<ins>from experiencing, and providing assistance to individuals who experience, addiction
or other problems relating to betting or gambling.
(6) The appropriation of such proceeds derived from the sports betting and casino
gambling activities authorized by this subparagraph (e) that are made pursuant to
subparagraph (e)(5) of this Paragraph shall not be subject to the provisions of Article III,
Section IX, Paragraph IV(c), relating to the lapsing of funds.
</ins> SECTION 2.
The above proposed amendment to the Constitution shall be published and submitted as
provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the
above proposed amendment shall have written or printed thereon the following:
"( ) YES Shall the Constitution of Georgia be amended so as to authorize the General
( ) NO 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."
All persons desiring to vote against ratifying the proposed amendment shall vote "No." If
such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall
become a part of the Constitution of this state.