Title 23, Public Utilities and Regulated Industries

(a) (1) Notwithstanding any other confidentiality statute, the Office of the Arkansas Lottery may provide to a claimant agency all information necessary to accomplish and effectuate the intent of this subchapter.(2) Information shall be used by a claimant agency only in the pursu…

This subchapter only applies to prizes of more than five hundred dollars ($500).

This chapter shall be known and may be cited as the “Arkansas Scholarship Lottery Act”.

(1) It is found and declared by the General Assembly that:(1) Net proceeds of lotteries conducted under this chapter shall be used to:(A) Fund and provide for scholarships and grants to citizens of the State of Arkansas enrolled in public and private nonprofit two-year and four-y…

(1) As used in this chapter:(1) “Administrative expenses” means operating expenses, excluding amounts set aside for prizes, regardless of whether the prizes are claimed, and excluding amounts held as a fidelity fund under § 23-115-603;(2) “Administrative order” means the final di…

The Office of the Arkansas Lottery and the Arkansas Racing Commission shall enter into a data matching agreement with the Department of Human Services for purposes under §§ 20-76-215 and 20-77-2104.

(a) The Legislative Council shall:(1) Review whether expenditures of lottery proceeds have been in accordance with this chapter;(2) Review and approve proposed rules of the Office of the Arkansas Lottery under § 10-3-309;(3) (A) Review proposed contracts of twenty-five thousand d…

(a) There is created within the Management Services Division of the Department of Finance and Administration the Office of the Arkansas Lottery to establish and oversee the operation of one (1) or more lotteries under this chapter. (b) The office is a self-supporting and revenue-…

(a) The Office of the Arkansas Lottery has all powers necessary or convenient to its usefulness in carrying out this chapter that are not in conflict with the Arkansas Constitution or the United States Constitution, including without limitation the following powers:(1) To adopt a…

(a) To ensure the financial integrity of lotteries, the Office of the Arkansas Lottery shall:(1) Establish and maintain effective internal controls over financial reporting, including the monitoring of ongoing activities, and comply with the Arkansas Constitution and applicable l…

(a) The Office of the Arkansas Lottery may adopt rules regulating the conduct of lotteries in general, including without limitation rules specifying:(1) The types of lotteries to be conducted;(2) (A) The sale price of tickets or shares and the manner and method of sale.(B) [Repea…

(a) This chapter does not waive the sovereign immunity of the State of Arkansas. (b) (1) A claim in contract or in tort against the Office of the Arkansas Lottery or its employees shall be presented to the office.(2) The office shall promulgate rules concerning the consideration …

(a) A retailer, a vendor, or an applicant for a contract or a retailer license aggrieved by an administrative order of the Office of the Arkansas Lottery may appeal that decision to Pulaski County Circuit Court. (b) The circuit court shall hear appeals from administrative orders …

(1) In addition to any provision of law expressly exempting the Office of the Arkansas Lottery, the following sections shall not apply to the office:(1) Section 14-1-111;(2) Section 19-4-1702;(3) Section 19-21-106;(4) Section 22-9-103;(5) Section 22-9-104; and(6) Section 25-27-10…

(a) The internal auditor employed by the Office of the Arkansas Lottery shall report directly to the Secretary of the Department of Finance and Administration. (b) The secretary shall determine the duties and responsibilities of the internal auditor that:(1) Assist the office in …

(a) (1) (A) The Governor shall appoint the Director of the Office of the Arkansas Lottery.(B) The director is an employee of the Office of the Arkansas Lottery and shall direct the day-to-day operations and management of the office.(2) The director is vested with powers and dutie…

(a) The Director of the Office of the Arkansas Lottery shall direct and supervise all administrative and technical activities related to the operation of a lottery in accordance with this chapter and with rules adopted by the Office of the Arkansas Lottery. (b) The Director of th…

(a) As required by Arkansas Constitution, Article 16, § 4, the General Assembly shall fix the salaries of all employees of the Office of the Arkansas Lottery, including without limitation the Director of the Office of the Arkansas Lottery. (b) An office employee shall not have a …

(a) Employees of the Office of the Arkansas Lottery shall be members of the Arkansas Public Employees' Retirement System. (b) An office employee's compensation for retirement purposes includes the base salary of the employee under § 23-115-305 and any special salary allowances un…

There are established for the Office of the Arkansas Lottery the following titles and grades for each position. The salary for the positions assigned to grades shall be determined in accordance with the pay level for the grade assigned in this section, as established in § 21-5-20…

(a) With the approval of the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee, the Governor may establish the salary of the Director of the Office of the Arkansas Lottery, the salary of the office's gaming director, and the salary of the o…

(a) The Office of the Arkansas Lottery is authorized a pool of ten (10) positions to be used to establish additional positions with the proper title and pay grade if the office does not have sufficient positions available to address growth needs. (b) A position established under …

(a) The Office of the Arkansas Lottery may participate in the Arkansas Administrative Statewide Information System. (b) The Department of Finance and Administration shall be reimbursed under § 23-115-201 for services it provides to the office under subsection (a) of this section.…

(a) It is the intent of the General Assembly that the Office of the Arkansas Lottery encourage participation by minority-owned businesses and female-owned businesses in one (1) or more of the lotteries under this chapter. (b) The office shall adopt a plan that encourages to the g…

(a) (1) Unless authorized to do so in writing by the Director of the Office of the Arkansas Lottery, a person shall not sell a ticket or share at a price other than the price established by the Office of the Arkansas Lottery.(2) (A) Only a retailer holding a valid certificate of …

(a) Proceeds of a lottery prize are subject to Arkansas state income tax. (b) (1) Except as otherwise provided in this chapter, attachments, garnishments, or executions served upon the Office of the Arkansas Lottery that are authorized and issued under Arkansas law shall be honor…

(a) (1) Except as otherwise provided in this subsection, the Office of the Arkansas Lottery shall comply with the Freedom of Information Act of 1967, § 25-19-101 et seq.(2) The following records or information shall be treated as confidential and are exempt from public disclosure…

(a) The Office of the Arkansas Lottery may enter into an intelligence sharing, reciprocal use, or restricted use agreement with the United States Government, law enforcement agencies, lottery regulation agencies, and gaming enforcement agencies of other jurisdictions that provide…

(a) (1) The authority of local government concerning all matters relating to the operation of lotteries is preempted by this chapter.(2) Local government shall not take any action, including without limitation the adoption of an ordinance, relating to the operation of lotteries. …

A video lottery shall not be used as part of a lottery under this chapter.

(1) This chapter does not permit the use of a video lottery for any purposes by any institution or facility governed by the:(1) Arkansas Horse Racing Law, § 23-110-101 et seq.;(2) Arkansas Greyhound Racing Law, § 23-111-101 et seq.; or(3) Local Option Horse Racing and Greyhound R…

This chapter does not alter wagering that may be conducted under the Arkansas Horse Racing Law, § 23-110-101 et seq., the Arkansas Greyhound Racing Law, § 23-111-101 et seq., or the Local Option Horse Racing and Greyhound Racing Electronic Games of Skill Act, § 23-113-101 et seq.

(a) (1) A multidraw screen-based lottery game shall not be used as part of a lottery under this chapter except as provided under subdivision (a)(2) of this section.(2) All lottery games operated by the Office of the Arkansas Lottery on or before June 29, 2014, are permitted and m…

(a) The Office of the Arkansas Lottery shall investigate the financial responsibility, security, and integrity of a vendor who is a finalist in submitting a bid, proposal, or offer to perform a major procurement contract. (b) At the time of submitting a bid, proposal, or offer to…

(a) (1) At the time of execution of a major procurement contract between the Office of the Arkansas Lottery and a vendor, the vendor shall post a performance bond or letter of credit from a bank or credit provider acceptable to the office in an amount deemed necessary by the offi…

(a) A major procurement contract executed by the Office of the Arkansas Lottery under this chapter shall specify the reasons for which the major procurement contract may be canceled, suspended, revoked, or terminated by the office. The reasons shall include without limitation:(1)…

(a) The General Assembly finds:(1) That the integrity of the Office of the Arkansas Lottery and the Arkansas Scholarship Lottery is of utmost importance; and(2) That the people of the State of Arkansas should have confidence and be assured that public officials are free of any im…

(a) The General Assembly recognizes that to conduct a successful lottery, the Office of the Arkansas Lottery must develop and maintain a statewide network of retailers that will serve the public convenience and promote the sale of tickets or shares and the playing of lotteries wh…

(a) A retailer license is not transferable or assignable. (b) A retailer shall not contract with any person for lottery goods or services except with the approval of the Office of the Arkansas Lottery. (c) Tickets and shares shall be sold only by the retailer stated on the retail…

(a) (1) The Office of the Arkansas Lottery shall require a retailer to post a bond in a sufficient amount as determined by the office.(2) The amount of the bond under subdivision (a)(1) of this section shall not exceed two hundred dollars ($200).(3) The office shall establish a s…

(a) A retailer license executed by the Office of the Arkansas Lottery under this chapter shall specify the reasons for which the retailer license may be canceled, suspended, revoked, or terminated by the office. The reasons shall include without limitation:(1) Commission of a vio…

(a) (1) Proceeds from the sale of tickets or shares shall be held in trust until paid to the Office of the Arkansas Lottery either directly or through the office's authorized collection representative.(2) A retailer and officers of a retailer's business have a fiduciary duty to p…

If a retailer's rental payments for the business premises are contractually computed, in whole or in part, on the basis of a percentage of retail sales and the computation of retail sales is not explicitly defined to include sales of tickets or shares, only the compensation recei…

(a) In addition to all other remedies provided by law for failure to remit lottery proceeds due the Office of the Arkansas Lottery, the Director of the Office of the Arkansas Lottery may close the business of a retailer if the retailer fails to comply with § 23-115-605(b) three (…

(a) A retailer may request an administrative hearing concerning the decision of the Director of the Office of the Arkansas Lottery to close the retailer's business. (b) Within five (5) business days after the delivery or attempted delivery of the notice required by § 23-115-607(c…

(a) (1) If the decision of the hearing officer under § 23-115-608 is to affirm the closure of the business, the decision shall be submitted in writing and delivered by the United States Postal Service or by hand to the retailer.(2) The retailer may seek judicial relief from the d…