Bill Summary – FastDemocracy

Stricken language would be deleted from and underlined language would be added to present law.
 State of Arkansas                   As Engrossed:       S4/15/21
 93rd General Assembly                        A Bill
 Regular Session, 2021                                                              SENATE BILL 661
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 By: Senators K. Ingram, Caldwell, B. Johnson, D. Sullivan, D. Wallace, J. Sturch
 By: Representatives D. Ferguson, Nicks
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                                   For An Act To Be Entitled
                 AN ACT TO ESTABLISH THE ASPIRE SCHOLARSHIP PROGRAM;
                 TO AMEND THE LAW REGARDING CASINO GAMING AND
                 RESULTING FROM THE ARKANSAS CASINO GAMING AMENDMENT
                 OF 2018, ARKANSAS CONSTITUTION, AMENDMENT 100; TO
                 DIRECT THE DISTRIBUTION OF CERTAIN NET CASINO GAMING
                 RECEIPTS TAX REVENUES; TO DIRECT THE DISTRIBUTION OF
                 CERTAIN NET CASINO GAMING RECEIPTS; AND FOR OTHER
                 PURPOSES.
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                                               Subtitle
                         TO ESTABLISH THE ASPIRE SCHOLARSHIP
                         PROGRAM; TO AMEND THE LAW REGARDING
                         CASINO GAMING; AND TO DIRECT DISTRIBUTION
                         OF CERTAIN NET CASINO GAMING RECEIPTS TAX
                         REVENUES AND NET CASINO GAMING RECEIPTS.
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 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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         SECTION 1.       DO NOT CODIFY.      LEGISLATIVE INTENT.
         (a)   The General Assembly finds that:
                 (1)     Access to education is key to a youth's future;
                 (2)     Ensuring that educational opportunities are available to
 youths is one of the most important functions of society;
                 (3)     Many youths in Arkansas face economic challenges in their
 pursuit of higher education and need additional support in order to continue
 their education and meet their future goals;
     *CRH166*                                                                    04-15-2021 09:29:23 CRH166
     As Engrossed:       S4/15/21                                                   SB661
               (4)    By providing additional scholarship opportunities for youths
 in Arkansas, the state can help youths achieve a level of education that
 might otherwise be unavailable;
               (5)    The Arkansas Casino Gaming Amendment of 2018, Arkansas
 Constitution, Amendment 100, authorized casino gaming in Arkansas and
 requires certain revenues derived from net casino gaming receipts taxes to be
 distributed and used only for purses for live horse racing and greyhound
 racing based upon a specific apportionment;
               (6)    The Arkansas Casino Gaming Amendment of 2018, Arkansas
 Constitution, Amendment 100, also requires a franchise holder operating a
 franchise to conduct greyhound racing to set aside certain net casino gaming
 receipts to be used only for purses for live greyhound racing and capital
 improvements to the franchise holder's facility;
               (7)    Live greyhound racing will be phased out in Arkansas, which
 was not addressed in The Arkansas Casino Gaming Amendment of 2018, Arkansas
 Constitution, Amendment 100;
               (8)    When live greyhound racing ceases, funds required to be used
 or set aside for certain greyhound racing-related purposes will no longer be
 used for the purposes intended under The Arkansas Casino Gaming Amendment of
 2018, Arkansas Constitution, Amendment 100; and
               (9)    Section 3(c) of The Arkansas Casino Gaming Amendment of
 2018, Arkansas Constitution, Amendment 100, provides that "[t]o fulfill the
 purposes of this Amendment, the Arkansas General Assembly shall from time to
 time enact laws...".
      (b)   The purpose of this act is to:
               (1)    Increase the educational opportunities for Arkansas
 students; and
               (2)    Address the funding directed to live greyhound racing in
 order to fulfill the purpose of The Arkansas Casino Gaming Amendment of 2018,
 Arkansas Constitution, Amendment 100, when live greyhound racing ceases.
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      SECTION 2.        DO NOT CODIFY.   TEMPORARY LANGUAGE.   ASPIRE Scholarship
 Program.
      (a)(1)     There is established the ASPIRE Scholarship Program to be
 administered by the Arkansas State University System Foundation, Inc.
               (2)(A)    The President of the Arkansas State University System
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     As Engrossed:        S4/15/21                                                        SB661
 Foundation, Inc., and the chancellors of Arkansas State University and
 Arkansas State University Mid-South shall establish criteria to determine who
 is eligible to receive the scholarships and grants from the ASPIRE
 Scholarship Program under subdivision (a)(1) of this section.
                        (B)   The eligibility criteria established under subdivision
 (a)(2)(A) of this section shall include without limitation that an individual
 is:
                                 (i)     A graduate of a Crittenden County high school;
                                 (ii)    Admitted to and enrolled at Arkansas State
 University Mid-South or an associate degree graduate of Arkansas State
 University Mid-South admitted to and enrolled at Arkansas State University;
 and
                                 (iii)    Making satisfactory progress toward a
 certificate or associate degree at Arkansas State University Mid-South or a
 baccalaureate degree at Arkansas State University.
                (3)    To be considered as a recipient of an ASPIRE Scholarship
 under this section, an individual shall submit:
                        (A)   An approved application;
                        (B)   A high school transcript; and
                        (C)   Documentation of application to and enrollment at
 Arkansas State University or Arkansas State University Mid-South.
       (b)   A scholarship issued to an eligible student under the ASPIRE
 Scholarship Program shall be a last-dollar scholarship and awarded to the
 eligible student only after all other financial aid resources have been
 awarded but while aid is still needed to meet the cost of attendance at
 Arkansas State University or Arkansas State University Mid-South.
       (c)   The Arkansas State University System Foundation, Inc., may
 establish criteria to award funding from the ASPIRE Scholarship Program to
 endow chairs of excellence at Arkansas State University Mid-South.
       (d)(1)     The Arkansas State University System Foundation, Inc., may
 raise additional funding for the ASPIRE Scholarship Program.
                (2)    If additional funding is raised under subdivision (d)(1) of
 this section, the Arkansas State University System Foundation, Inc., may use
 the additional funding to provide scholarships to eligible students at other
 state-supported four-year colleges or universities in the state under the
 ASPIRE Scholarship Program.
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     As Engrossed:    S4/15/21                                                       SB661
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      SECTION 3.     DO NOT CODIFY.     TEMPORARY LANGUAGE.   Contributions to
 purses.
      (a)   If a franchise holder issued a casino license based upon its
 holding of a franchise to conduct greyhound racing under the Arkansas
 Greyhound Racing Law,  23-111-101 et seq., no longer conducts greyhound
 racing at its facility, the franchise holder shall remit on a monthly basis
 for calendar year 2023 the:
            (1)    Fourteen percent (14%) required to be set aside for purses
 for greyhound racing under  6 of The Arkansas Casino Gaming Amendment of
 2018, Arkansas Constitution, Amendment 100, to be distributed as described in
 subsection (b) of this section; and
            (2)    One percent (1%) required to be paid by the franchise holder
 to the Arkansas Racing Commission to be used for breeders' awards under  6
 of The Arkansas Casino Gaming Amendment of 2018, Arkansas Constitution,
 Amendment 100, to the Greyhound Breeders of Arkansas, Inc.
      (b)   The moneys remitted under subdivision (a)(1) of this section shall
 be distributed as follows:
            (1)    Seven hundred fifty thousand dollars ($750,000) to the
 Breast Milk Bank Special Fund;
            (2)    Two hundred fifty thousand dollars ($250,000) to the
 Division of Elementary and Secondary Education Fund Account; and
            (3)(A)     The remaining moneys to the Arkansas State University
 System Foundation, Inc.
                     (B)    The moneys remitted to the Arkansas State University
 System Foundation, Inc., under subdivision (b)(3)(A) of this section shall be
 invested and used solely for the purpose of:
                             (i)   Scholarships and grants as provided in the
 ASPIRE Scholarship Program; and
                     (ii)    Funding to endow chairs of excellence at Arkansas
 State University Mid-South.
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      SECTION 4.     DO NOT CODIFY.     TEMPORARY LANGUAGE.   Revenues derived by
 net casino gaming receipts tax.
      (a)   For one (1) calendar year beginning January 1, 2023, the forty
 percent (40%) of revenues derived by the net casino gaming receipts taxes
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     As Engrossed:     S4/15/21                                                 SB661
 levied under  5(d) of The Arkansas Casino Gaming Amendment of 2018, Arkansas
 Constitution, Amendment 100, for distribution to the franchise holder
 operating a franchise to conduct greyhound racing shall be distributed as
 follows:
             (1)    Five million dollars ($5,000,000) to the cash fund as
 defined under  19-4-801 for construction, renovation, maintenance,
 equipment, personal services, and operating expenses of the Division of
 Agriculture of the University of Arkansas for the purpose of rice research;
 and
             (2)    The remaining moneys to the active greyhound breeders in
 Arkansas under subsection (b) of this section.
       (b)   On or before September 30, 2021, the nonprofit organization known
 as Greyhound Breeders of Arkansas, Inc., organized under  501(c)(6) of the
 Internal Revenue Code of 1986 in August 2012, shall submit to the Arkansas
 Racing Commission:
             (1)    A document outlining the distribution of the revenues under
 this section to one (1) or more active greyhound breeders in Arkansas;
             (2)    An affidavit evidencing the affirmative vote of support of
 the active members of Greyhound Breeders of Arkansas, Inc., for the
 distribution outlined in the document under subdivision (b)(1) of this
 section;
             (3)    A list of the names and addresses of each active greyhound
 breeder receiving a distribution outlined in the document under subdivision
 (b)(1) of this section; and
             (4)    Proof of membership of each active greyhound breeder
 receiving a distribution outlined in the document under subdivision (b)(1) of
 this section in Greyhound Breeders of Arkansas, Inc.
       (c)   Upon receipt of the information under subsection (b) of this
 section, the commission shall distribute revenues as provided in the document
 under subdivision (b)(1) of this section for one (1) calendar year beginning
 January 1, 2023.
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                                   /s/K. Ingram
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